12-0101 ORDINANCE 12 -010
2
3 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
4 BOYNTON BEACH, FLORIDA AMENDING PART III, "LAND
5 DEVELOPMENT REGULATIONS", CHAPTER 1, ARTICLE II.
6 DEFINITIONS, CHAPTER 2, ARTICLE I. OVERVIEW, CHAPTER 2,
7 ARTICLE II. PLANNING AND ZONING DIVISION SERVICES,
8 CHAPTER 3, ARTICLE III. ZONING DISTRICTS AND OVERLAY
9 ZONES, CHAPTER 3, ARTICLE IV. USE REGULATIONS, CHAPTER
10 3, ARTICLE III. EXTERIOR BUILDING AND SITE DESIGN
11, STANDARDS, TO IMPLEMENT RECOMMENDATIONS OF THE
12 MORATORIUM STUDY, NOTICE OF INTENT 2011 -01; PROVIDING
13 FOR CONFLICT, SEVERABILITY, INCLUSION; AND EFFECTIVE
14' DATE.
15
16 ' WHEREAS, on November 15, 2011, the City Commission adopted Notice of Intent
17 , #2011 -01 to allow staff 180 days to undertake a study to review zoning regulations pertaining
18 j to location options of tax exempt not - for -profit uses in the City; and
19 WHEREAS, the study was intended to implement three Initiatives (11, 12 and 13) of
20 the Economic Development Program and Initiatives adopted by the City Commission at the
21 i October 18, 2011 meeting with the emphasis on provisions for tax - exempt uses in the context
22 of a more comprehensive analysis of how to maximize economic and fiscal value of
23 i development in C -3, C -4, PCD, PID, M -1 and mixed use zoning districts; and
24 !1 WHEREAS, staff recommends the adoption of the attached revisions to the Land
25 Development Regulations as they will implement initiatives 11, 12 and 13 of the Economic
26 Development Program and Initiatives.
27 j NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
28 THE CITY OF BOYNTON BEACH, FLORIDA:
29 Section 1. That the foregoing "WHEREAS" clause is true and correct and hereby
30 11 ratified and confirmed by the City Commission.
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1 Section 2. That Part III, "Land Development Regulations ", of the Code of
2 Ordinances of the City of Boynton Beach is hereby amended as follows:
3 SEE ATTACHED EXHIBIT "A"
4
5 Section 3. All prior ordinances or resolutions or parts thereof in conflict herewith are
6 hereby repealed to the extent of such conflict.
7 Section 4. If any section, sentence, clause, or phrase of this Ordinance is held to be
8 invalid or unconstitutional by any court of competent jurisdiction, then said holding shall in no
9 way affect the validity of the remaining portions of this Ordinance.
10 Section 5. It is the intention of the City Commission of the City of Boynton Beach,
11 Florida, that the provisions of this Ordinance shall become and be made a part of the City of Boynton
12 Beach Code of Ordinances; and that the sections of this ordinance may be renumbered or relettered
13 and the word "ordinance" may be changed to "section," "article," or such other appropriate word or
14 1 j phrase in order to accomplish such intentions.
15 Section 6. This Ordinance shall be effective immediately after adoption by the City
I�
16 ! Commission.
I'
17 i PASSED FIRST READING this 1 day of May, 2012.
I
ii
18
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I
i
1 SECOND AND FINAL READING ADOPTED this I'? day of Jccnr, , 2012.
2
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17 ATTEST:
18'
20 P
21 jJa�nM. Prainito, MMC
22 ! erk
24
25
26 ! ( dratie; eal)
CITY OF BOYNTON BEACH, F ORIDA
May ,. o d L. H
or — TCra
Commissioner — William Orlove
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3
Commissions — Ste v Holzma
Commissioner — Marlene Ross
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I EXHIBIT 66 "
2
3 CHANGES TO PART III (LAND DEVELOPMENT REGULATIONS)
4
6 CHAPTER 1, ARTICLE II DEFINITIONS
7
8 CIVIC & FRATERNAL CLUB /ORGANIZATION. — A registered association
9 of persons for the promotion of some non -profit common obiective, involving
10 literature, science. politics, or community service, which meets periodically and
11 is limited to members and guests.
12
13 COLLEGE, SEMINARY, UNIVERSITY, — An establishment
14 primarily engaged in furnishing academic courses and granting degrees at
15 associate, baccalaureate or graduate levels. The requirement for admission is at
16 least a high school diploma or equivalent.
17
18 MEDICAL OR DENTAL IMAGING/TESTING /SUPPORT SERVICES— An
19 establishment that is primarily engaged in providing analytic, diagnostic, or other
20 support services through, in Dart, on -site interaction with patients and customers.
21 including the collection of body fluids and other clinical specimen, as well as the
22 necessary diagnostic images. Analysis of images, fluids, or other clinical
23 specimen may occur on -site or off -site or diagnostic services, including bo fluid
24 analysi and di stie
25
26 MEDICAL OR DENTAL LABORATORY - An establishment that offers
27 diagnostic or pathological testing and analysis of blood, blood fluids, pathological
28 specimens, DNA sampling and ancIly- •s, and any other diagnostic test commonly
29 used in the healthcare industry. This use also includes dental laboratories, which
30 are establishments primarily engaged in manufacturing dentures, crowns, bridges,
31 and orthodontic appliances customized for individual application. The fluids and
32 other clinical specimens tested are customarily collected by others (see
33 MEDICAL OR DENTAL IMAGING / TESTING / SUPPORT SERVICES use),
34 and the use does not involve on -site Datient visits.
35
36 MEDICAL OR DENTAL OFFICE — A facility or clinic operated by one (1) or
37 more physicians, dentists, chiropractors, or other licensed practitioners of the
38 healing arts for the examination and treatment of persons solely on an outpatient
39 basis. Images. body fluids or other clinical sDecimens and information may be
40 collected and analyzed on -site or off -site (see MEDICAL OR DENTAL
41 IMAGING / TESTING / SUPPORT SERVICES use and MEDICAL OR
42 DENTAL LABORATORY).
43
44 MUSEUM KISTO IC AT & CTJ L - An institution that engages in the
45 preservation and exhibition of objects, sites, and natural wonders of historical,
46 cultural, and / or educational value.
2 ORGANIZATION CIA & TE "1ET�.'Ab A f +' �
3 pr- conc I.Cer the prom iei3 --e€ Pon profit common ebjeetite
4 invelvi}}g 44cratur _-, aci:?S � Ai4e3, cT eomr'reFztj-- sefvizc, ;. zi c19-- 'r"rri-ets
5 periedra,ly and is limit to m embers and guests
6
7 SCHOOL, INDUSTRIAL & TRADE — An establishment providing instruction
8 and practical training in mechanical, construction and industrial occupations such
9 as auto repair, masonry, machinery operation /repair, metal fabrication, welding
10 and others.
11
12 SCHOOL, OT H ER An e tablishme+rt primarily e :gaged ;n & gn training in
13 b>�s� ili.JN skills \111 s3 and te. etele fit and tha�E. 1 This use
kill^ � ti� J ���
14 may also mollX1 establishments p r-ima ily efigaged in effef an arru' she14.
15 du ra tion 3mi
- ar- a ti �� �ar3,;s and 3
16
17 SCHOOL. PROFESSIONAL & TECHNICAL - An establishment, other than a
18 college, providing specific Job training to be pursued as a career including art.
19 cosmetoloav, business, computers, fashion design, or other such grog_ rams, and
20 which is conducted entirelv within an enclosed building.
21
22 SCHOOL, TECHNICAL & T RADE An e..t en t Y •, efigag in 23 aff fing o b er- eafeer- veea tienal or teahni2al seurse Thz urriculutrns affef:ed by
24 theseseheels —a-re high'. stfuetur- speei d &YA lead to Jde- spec -i re
25 eef4fiieation.
26
27 SOCIAL SERVICE AGENCY - A public or private not - for - profit establishment
28 providing a combination of support services, resources, and activities, including
29 counseling (except for drug and alcohol addiction), education, training_ and
30 referral; and soliciting funds to be used for these and related services. Also
31 includes establishments with community improvement and neighborhood
32 development functions. Excludes establishments providing overnight
33 accommodations, medical clinics dispensing_ prescription medications, and on -site
34 food preparation and consumption; on -site food distribution is permitted onlv if
35 part of the establishment's service mix and not its main objective.
36
37
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39 This space intentionally left blank— see nextpage.
40
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Section 1. General...
Section 2. Types of Land Development Applications.
A. Table 2 -1. Applications by City Departments.
Legend:
P &Z: Planning and Zoning Division
P &D: Planning and Development Board
CRA: Community Redevelopment Agency
CC: City Commission
This space intentionally left blank — see next page.
3
1 REVIEWING PUBLIC
APPLICATION TYPE CODE AUTHORITY APPROVING HEARING
SECTION f AUTHORITY
(ST AFF) REQUIRED?
ARTICLE II. PLANNING AND ZONING DIVISION SERVICES
Standard Applications
Annexation Art II, Director of
Section 2.A I P &Z CC I Yes G
Comprehensive Plan
i Amendment
Text
Art II,
Section 2.13.2
City Initiated Only
Future Land Use Map
Art 11,
Director of
(FLUM)
Section 2.B.3
P &Z
CC
Yes
Conditional Use
Art II,
Section 2.0
Conditional Use Time
Art 1I,
Director of
P &Z
CC
Yes
Extension
Section 2.C.6
Rezoning
Art II,
Section 2.13
Master Plan (New)
Article H,
Section 2.D.6
Director of
CC
Yes
Master Plan
Article I1,
P &Z
Modification (Major)
Section
Master Plan
Article 11,
Director of
Modification (Minor)
Section
P &Z
No
Sign Program
Art 11,
Director of
Director of
No
Section 2.E
P &Z
P &Z
Site Plan Review
Art I1,
Section 2.1
Site Plan Time
Art U,
Extension
Section 2.F.6
Director of
CC
Yes
Site Plan Modification
P &Z
(Major)
Art II,
Site Plan Modification
Section 2.17.7
Director of
(Minor)
P &Z
No
Vacation and
Art II,
Director of
Abandonment
Section 2.G
P &Z
I CC
Yes
Planned Industrial Development (PID) Applications
Master Site Plan (New)
Art II,
PID Zoning District Only
Section 3.A
Master Site Plan
Director of
CC
Yes
Modification, Major
Art U,
P &Z
Master Site Plan
Section 3.A.6
Director of
Modification, Minor
P &Z
No
Technical Site Plan (New)
Art 11,
PID Zoning District Only
Section 3.13
Technical Site Plan
Director of
Director of
Modification, Major
Art II,
P &Z
P &Z
No
Technical Site Plan
Section 3.13.6
Modification, Minor
4
APPLICATION TYPE CODE REVIEWING APPROVING PUBLIC
SECTION AUTHORIT AUTHORITY HEARING
Y (STAFF) REQU IRED?
ARTICLE II. PLANNING AND ZONING DIVISION SERVICES continued
�A r 7,�� �e
7TH.. A „ „,....,..1 ”' "` �', 'p, ,
- pp rv�zfx So, C Yes
Art II, Director of
Waiver Section 3.C. P &Z CC I Yes
I
No
Yes
Yes
Yes
See Site Plan
Review
No
No
No
No
No
Yes
No
No
No
Yes
No
No
No
5
Relief Applications
Administrative
Art II,
Director of
Director of
I Adjustment
Section 4.A
P &Z
P &Z
Community Design
Art II,
Director of
Appeal
Section 4.13
I P &Z
CC
Height Exception
Art 11,
Director of
CC
Section 4.0
P &Z
Variance to Land
Art II,
Director of
Development Regulations
Section 4.D
P &Z
CC
Waiver
Art II,
Director of
See Site Plan
Section 4.E
P &Z
Review
Permit Applications
Sign Permit
Art I1,
Director of
Director of
Section 5.A
P &Z
P &Z
Zoning Permit
Art II,
Director of
Director of
Section 5.13
P &Z
P &Z
Other Applications
Certificate of Conformity
Art II,
Director of
Director of
Section 6.A
P &Z
P &Z
Lot Line Modification
Art II,
Director of
Director of
Section 6.13
P &Z
P &Z
Mobile Vendor Approval
Art I1,
Director of
P &D
Section 6.0
P &Z
EE
Modification to
Art II,
Director of
Development Order
Section 6.13
P &Z
CC
Sidewalk Cafe Approval
Art II,
Director of
CC
Section 6.E
P &Z
Zoning Verification
Art II,
Director of
Director of
Letter
Section 6.G
P &Z
P &Z
ARTICLE IIl. ENGINEERING DIVISION SERVICES
Preliminary Plat
Art III '
Section 2.B
City Engineer
City Engineer
Final Plat
Art III,
City Engineer
CC
Section 2.0
Land Development
Art III,
Permit (LDP)
Section 3
City Engineer
City Engineer
Rigbt -of -Way Permits
Art III,
Section 4
City Engineer
City Engineer
Engineering Division
Art III,
Waiver
Secti 5
City Engineer
City Engineer
No
Yes
Yes
Yes
See Site Plan
Review
No
No
No
No
No
Yes
No
No
No
Yes
No
No
No
5
CODE
REVIEWING
APPROVING
PUBLIC —
APPLICATION TYPE
SECTION
AUTHORITY
AUTHORITY
HEARING
Special Temporary Sales
(STAFF)
Business Tax
REQUIRED?
ARTICLE IV. BUILDING DIVISION SERVICES
Section 4
Building Permit Art IV,
Building
Building I
No
Section 2
Official
Official
Art IV,
Sign Permit
Building
Building i
No
Section 3
Official
Official
Art IV,
Building
Building Board
Variance Section 4
Official
of Adjustment
Yes
and Appeals
ARTICLE V. BUSINESS TAX SERVICES
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
Seasonal Sales Event
Art V,
Business Tax
Business Tax
Approval I
Section 3
Manager
No
Manager
Special Temporary Sales
Art V,
Business Tax
Business Tax
Event Approval I
Section 4
Manager
No
Manager
B. Withdrawal. By written request, the applicant shall have
the right to withdraw an application at any time prior to the final
action of the application by the decision making body or person.
Section 3. Review Process for Applications Requiring Public
Hearings, Generally...
Section 4. Expedited Development Review Program...
Section 5. Green Building Program...
Section 6. Development Order...
Section 7. Revocation of a Development Approval...
This space intentionally left blank - see next page.
I CHAPTER 2. ARTICLE 11 PLANNING AND ZONING DIVISION SERVICE,�
2
3
Section 1. General
4
Section 2. Standard Applications
5
A. Annexation
6
B. Comprehensive Plan Amendments...
7
C. Conditional Use, Including Time Extension
8
9
D. Rezoning, Including Master Plan.
10
11
1. General
12
2. Submittal Requirements
13
14
3. Review Criteria. An amendment to the Official
15
Zoning Map processed with or without the oeneur-fen
16
FLUM amendment shall be reviewed based on efie (1) of
17
more of the following factors:
18
19
a. Demonstration of Need. A
20
demonstration of need, ahar-
21
eenditions that represent a dema for the proposed
22
zoning district and the land use classification.
23
Appropriate data aad analy&�-Ihat adequalely
24
substanti-ateas r-zzaning and thz, land u-,z
25
amendnwiit-,+f ap-,,. must be provided within
26
the application.
27
28
b. Consistency. Whether the proposed
29
rezoning/ and the FLUM amendment, if submit4ed
30
ently, would be consistent with the purpose
31
and intent of, and promate-, the applicable
32
Comprehensive Plan policies, Redevelopment
33
Plans, and Land Development Regulations.
34
Approvals of a request to rezone to a planned
35
zoning district may include limitations or
36
requirements imposed on the master plan in order to
37
maintain such consistency.
38
39
C. Land Use Pattern. Whether the proposed
40
rezoning/ awe FLUM amendment, if subfnit4ed
41
an4y, would be contrary to the established
42
land use pattern, or would create an isolated zoning
43
district or an isolated land use classification
44
unrelated to adjacent and nearby classifications, or
45
would constitute a grant of special privilege to an
46
individual property owner as contrasted with the
7
I
protection of the public welfare. This factor is not
2
intended to exclude rezonings and FLUM
3
amendments that would result in more desirable and
4
sustainable growth for the community.
5
6
d. Sustainability. Whether the proposed
7
rezoning_/ and FLUM amendment if s..i.miaea
8
eeneuffently, would support the integration of a mix
9
of land uses consistent with the Smart Growth or
10
sustainability initiatives, with an emphasis on 1)
11
complementary land uses; 2) access to alternative
12
modes of transportation; and 3) interconnectivity
13
within the project and between adjacent properties.
14
15
e. Availability of Public Services /
16
Infrastructure. Requests for rezoning to
17
planned zoning districts and FLUM amendments if
18
saul,mit<cd shall be subject to review
19
pursuant to Chapter 1, Article VI Concurrency.
20
21
f. Compatibility...
22
23
l Direct Economic Develonment Benefits.
24
For rezonina/FLUM amendments involving
25
rezoning to a planned zoninLy district, the review
26
shall consider the economic benefits of the
27
proposed amendment. soecifically. whether the
28
or000sal would:
29
30
(1) Further implementation of the
31
Economic Development (ED) Program:
32
33
(2) Contribute to the enhancement and
34
diversification of the Citv's tax base:
35
36
(3) Respond to the current market
37
demand or communitv needs or orovide
38
services or retail choices not locallv
39
available,
40
41
(4) Create new emplovment
42
0000rtunities for the residents. with oav at or
43
above the countv averase hourlv wag_ e.
44
E
1
(5) Rebresent innovative
2
methods /technologies, especially those
3
vromoting sustainability:
4
5
(6) Be comDlementary to existing_ uses,
6
thus fostering svnergv effects: and
7
8
(7) Alleviate blieht/economic
9
obsolescence of the subiect area.
10
11
h. Economic Develobment Impact
12
Determination for Conventional Zoning
13
Districts. For rezonina/FLUM amendments
14
involving rezoning to a conventional zoning district,
15
the review shall consider whether the DroDosal
16
would further Economic Development Program, but
17
also determine whether the DroDosal would:
18
19
(1) Rebresent a potential decrease in the
20
Dossible intensity_ of development, given the
21
uses permitted in the DroDosed land use
22
category and /or zoning district: and
23
24
(2) Rebresent a potential decrease in the
25
number of uses with high probable
26
economic development benefits.
27
28
i. Commercial and Industrial Land SU DDIv.
29
The review shall consider whether the DroDosed
30
rezoning_ /FLUM amendment would reduce the
31
amount of land available for commercial /industrial
32
development. If such determination is made. the
33
approval can be recommended under the following
34
conditions:
35
36
(1) The size, shape, and /or location of
37
the Droberty makes it unsuitable for
38
commercial /industrial development: or
39
0
(2) The DroDosed rezoning /FLUM
41
amendment provides substantiated evidence
42
of satisfying at least four of the Direct
43
Economic Development Benefits listed in
44
subDaragraDh "g" above: and
45
Z
1
(3) The proposed rezoning/FLUM
2
amendment would result in comparable or
3
higher emplovment numbers, building size
4
and valuation than the potential of existing
5
land use designation and /or zoning.
6
7
L g Alternative Sites. Whether there
8
are adequate sites available elsewhere in the City
9
fer tl46 propo - -use in zoning districts which
10
alreadv allow the desired where use is alfeady
11
allewe.
12
13
k. h: Master Plan and Site Plan
14
Compliance with Land Development
15
Regulations...
I6
17
4. Approval Process...
18
5. Denial...
19
6. Master Plan...
20
21
E.
Sign Program...
22
F.
Site Plan, Including Time Extension and
23
Modifications...
24
G.
Vacation and Abandonment...
25
26
Section 3.
Planned Industrial Development (PID) Applications.
27
28
A.
Master Site Plan, Including Modifications...
29
B.
Technical Site Plan, Including Modifications...
30
31
C.
Use
32
33
'_. C ! Dner'ah
34
35
Q. Pu rpose and latent. The purpose 4 this
36
suhseetr3n is e- pfavide a uFr�qu aiid °ffie eit
37
#raeed••�� irg t h e o pr w ithi n
38
the P1efFn--d4ndu5trfal Asti elepment (PIP) zening
39
di:*.rie;. The int t of this ^ p i to e t 'a:�
'J G fJ" l
0
an inve-ntef:f allowable uses theA are tailefed
41
speeifieafly to ek PAD d- •e.cpme;-.t, and that -s e-h
42
invefitef� lac. - ,kia referrred4 a, th "list or
43
p eFmittea es" fflay be modifie F ,,..... time to time
44
wigiew the no-ec ssity of a t h e U ra ,
45
tiTahre 3 28) 4i+- 1 —Jmrw 3, Art --l !V. The list of
a
I per - iaea u s e s ..h be m th Planning
2 and Z 3 — .f - fr.
3
4 h. Ap pliEeabi l y. E*eept as ted heron, an):
5 use t4at iJ p`- oposad ar lan e pfepe zene PIP
6 shall ..e e City r' orri - rzisbi gn re v i e w a nd app:23
7 The appr al of u as in - .�enr. zeti ith a 11
8 Use be pme in r ao:3�= ion N ,.:
9 of e eh to Rini z'. J t€ plan in aaac dare
10 with Seetien 3.B abevz , e*eept eenditienal uses
11 shall requi Fxranisrsi appr aeeer
12 with Seetien 2 abe,,,
13
14
i t he e ef+ . ., iv proposed that i n et li , n d
15
t h e allow osa:, o: the prohibit-ad uses the Di ee +e
16
of Plknnirg and Zening Fflay appfeve the u.;e
17
..a,. .. ej . +i, p }kn apprsval
as, p c�ef�e -siF
18
a + it
pro � i 4 th � ��rrr:rd „ s te n t . h th
19
intent an pur -pose of the mixed use devele
20
21
?. l; a-bmittal Re ements. See — See� 1.D
22
1VJ LJJ
above e f ., the ,,� „e e e ats o this ,ppli aatien.
23
24
3. Revew Cri te ria - . The u ;e appi' shaj!
25
cOmplef with 1) all epp,i e requirem
26
e-f tl z PAD z sning-- distrie+• `) City's eperattefial
27
e4 s: tca nda;ds 9f Chapter 3, &.Aiele W, Seetien 1
28
3) all appli zable site del e , apment s tandafd s a b a in
29
V Y
C t:x 1; aFd 1) thk b de- e' ti ce in tic
30
sta a ble , g reen ei.ees+
uu�u- a kli ,
31
32
4. ApPFOVal r-eeess. n appli efffien €er-
33
,.e, .,l ,.e . b the Git-y Co mmiy.r. or. and shall
°..py. v r u. J vil"
34
be rec _d- in aee. ardkri C v, 2, /`rrtiele
35
Seetien 3; he ev e:, any use that is eli for e .ea: +ea
36
revie nnd:,. the -£ t 's Expa D el e n+ Re view
37
grebram pa7,��an to Chapter- 2, Artiele1,Seetion 4. sh '
38
riot rtgnire a pal;ria hearing, and tlf Dir_- eter -&f Plailming
39
a*d Zoning eM designee may ^ dministratia aly approve sue
40
ea3 if det ai:mined -tebeir e ,)mp!=33 Nvith th Revi
41
G ite..:., efCe + ion 3.E.3 above
42
43
C. D-. Waiver (Mixed Use Pod)...
44
45
Section 4. Relief Applications...
46
Section 5. Permit Applications...
11
I
Section 6.
Other Applications.
2
3
A.
Certificate of Conformity
4
B.
Lot Line Modification
5
6
C.
Mobile Vendor Approval.
7
8
1. General
9
2. Submittal Requirements
10
3. Review Criteria
11
12
4. Approval Process. Staff shall review the proposed
13
location and design of each MVU to ensure compliance
14
with the review criteria contained herein, and provide a
15
recommendation. The application is forwarded to the
16
dither the Planning and Development Board or Comrnunky
17
Redevelopment Ageney,—whiaheve-r i3 applifoa-ble. The
18
r-espeetive Board shall make a - ,z3orrrnmdaltior t�
19
Carri and the City GemmissicAi &hall take the
20
following action: 1) approve; 2) approve with conditions;
21
3) table or defer their decision to a subsequent meeting in
22
order to collect additional information or conduct further
23
analyses; or 4) deny the request for an MVU. Once an
24
MVU application is approved by the Board Qty
25
Commission., a permit fee shall be paid by the applicant,
26
and Business Tax Receipt received, prior to the operation
27
of the MVU.
28
29
5. Expiration
30
6. Fees
31
7. Suspension
32
8. Denial or Revocation
33
9. Appeal
34
35
D.
Modification to Development Order
36
E.
Sidewalk Caf6 Approval
37
F.
Wireless Communication Facilities (WCF)
38
G.
Zoning Verification
39
40
41
This space intentionally left blank see nextpage.
42
12
A 1 1 1 1 1
a , Ell 4
.................................
Section 1. Overview...
Section 2. Residential Districts.
17. R-3 MULTI-FAMILY RESIDENTIAL DISTRICT...
G. IPUD INFILL PLANNED UNIT DEVELOPMENT DISTRICT
1. General...
2. Use(s) Allowed. See Chapter 3, Article IV, Section 3.C4 for
specific regulations pertaining to the'IPUD district and Chapter 3, Article IV,
Section 3.13 ("Use Matrix Table 3-28") for a list of allowable uses.
3. Building and Site Regulations (Table 3-11). The following
building / site regulations apply to the entire IPUD development.
777is space intentionally left blank — see nextpage.
BUILDING / SITE REGULATION
IPUD District
1 Minimum project area:
I acre
Maximum project area:
5 acres
Minimum lot frontage:
Flexible
Minimum perimeter yard setbacks:
Front:
Flexible 2
Rear:
Flexible 2
Interior side:
Flexible 2
Comer side:
Flexible 2
Maximum lot coverage:
50%
Minimum usable open space (per
dwelling unit):
200 feet
Maximum Floor Area Ratio (FAR)
0.20
Maximum structure height:
45 feet
33
13
Individual lots within an IPUD development contain flexible
2
standards relative to minimum required lot frontage and lot area for
3
each unit. Lot frontage shall be determined on a case by case basis,
4
depending on the overall project design. Pursuant to Chapter 3,
5
Article IV, Section 3.13 &.6-9, a MARINA use shall require a minimum
6
lot frontage of 150 feet and a minimum average width of 200 feet.
7
8
2 The minimum required perimeter building setbacks of an
9
IPUD are flexible except where adjacent to single-family residential
10
zoning. Where adjacent to single-family residential zoning, the
I I
required perimeter building setbacks of the IPUD shall resemble the
12
setbacks of the adjacent development based upon the orientation of
13
structures with said development. Also, perimeter buildings shall
14
have an increased setback of one (1) additional foot for every foot of
15
building height in excess of 30 feet. If vegetation, screening, or other
16
barriers and / or creative design on the perimeter of an IPUD achieve
17
compatibility with adjacent uses, the City may grant some relief from
18
the aforementioned requirement. A structure shall be considered to be
19
on the perimeter if there is no intervening building between it and the
20
property line. Project design along abutting roadway(s), including
21
setbacks, shall be based on existing development patterns or
22
applicable recommendation from the respective development plan.
23
24
3 A maximum Floor Area Ratio (FAR) of 0.20 may be allowed
25
for non-residential uses within the IPUD district (see "Use Matrix" —
26
Chapter 3, Article IV, Section 3.C-.4), pursuant to the Special High
27
Density Residential land use category of the Comprehensive Plan.
28
29
4 A lesser building height may be required for compatibility
30
with adjacent development. See Note #2 above for additional setback
31
requirements relative to building height.
32
33
4. Review and Approval Process...
34
5. Parking...
35
6. Modifications...
36
37
7. Miscellaneous.
38
39
a. See Chanter 4, Article 11, Section 4.13.5 for additional
40
standards pertaining to the recuired landscaping along rights-of-way.
41
42
b. a-. See Chapter 4, Article 111, Section 3J for additional
43
standards regarding required site design in instances where the subject
44
IPUD project is adjacent to single-family residential zoning districts.
45
46
C. b-. See Chapter 4, Article V111, Section 3.C.4.b.(2) for
47
additional standards pertaining to the minimum width of rights-of-
48
way and vehicular circulation.
49
14
d. ,- If an IPUD is located with frontage on the Intracoastal
Waterway, conditions of approval shall include a deed restriction
requiring that any marina or dockage build will not exceed in width
the boundaries of the project's actual frontage on the water, regardless
of what any other governing or permitting entity may allow or permit.
e. 4-. Exterior lighting of the exterior, parking areas and
watercraft docking facilities of the planned development shall be of
the lowest height, intensity, and energy use adequate for its purpose,
and shall not create conditions of glare that extend onto abutting
properties.
f. e: The physical attributes of the site shall be respected
with particular concern for preservation of natural features, tree
growth, and open space.
g_ € Special emphasis shall be placed on trash collection
points.
L g. Trash containers or dumpsters must be screened and
designed such that they ware not visible from or disruptive to adjacent
properties, streets, and rights -of -way while still being conveniently
accessible to their users and collectors.
H. 1 PLANNED DEVELOPEMNT 1
1. MHPD MOBILE HOME PLANNED DEVELOPMENT
DISTR ICT ...
Section 3.
Commercial Districts...
Section 4.
SU MIXED -USE SUBURBAN DISTRICT...
Section 5.
Mixed -Use (Urban) Districts...
Section 6.
Industrial Districts.
1. General...
2. Use(s) Allowed and Use Approval. See "Use Matrix Table 3 -28" in
Chanter 3. Article IV. Section 3.1). Puf:,u, t3 ahapi 3, c of e-R' -,
-e-ti 3 . C . 6, i n th e PID, a build at3 e�j tomary an- eilrkr:y structurec.
indu: -rial, 3ffilee�
prefeS-,-anal, business ( 313;,a1e ar- -W .il) us3; educ- a43nal and
institutional u se; adul ente en -lase (Ju�`i ^£t ee cnal r strieti3ns
WlWhin th h and Development Regulates:,); r° rreuti l an izac
(us -def zd far tl;e Indu3trial m-,d town4ieflw-,
multi4a aid iii; dd a -swand p:ojaat-, in a PID, �ual+€y�r�g -for a T✓Ii,�� --
Use Pa d. I MTE: All u ses desefibed i this se ction must ho appr3ved by the
City Commissien € a}rtl r€spee ✓e PID is td
15
Uses, thf 3ub1: tha Use ".pppvo ral Pr see&&-(seL— Ch&Vzr 2, At4iel 11�Seetien
-3,C). In ap,,r3v ng-wes for a PID, th Eon- mni3sio n shall make findings
t 1 . I UL e th ed .:11 " t be in vV 1V
fli e t • v ith the O a ti 1
with a.
P , fff arr: anc-3 standards li3t3d in Chap er 3, Arti:-n IV S ect i on 1 o f t he se
fegula4ions, and afe eensistent with the intent __--d Pur,pOst ef this seetiei+.
3. Building and Site Regulations (Table 3- 23)...
4. Review and Approval Process...
5. Parking...
6. Modifications ...
7. Miscellaneous...
8. Mixed -Use Pods.
a. Intent...
b. Establishment of a Mixed -Use Pod...
C. Density...
d. Use(s) Allowed. See "Use Matrix Table 3 -28" in Chanter
3. Article IV. Section 3.13. P;a7ouam t Ghapter 3,AFtiele W, ceetien
3T:6, Mi Usa P ea wit th DID district -Amfl sentain the
fellewin e f e mT
wi thi n e (1) 3r - 3 re Mixed Usc P �gs thin
V YV all, 1111 j
the PII3
(1) T .,.,,.^1 ous an 4„ „ ' t: fcmily resid
(2) -- C.,inmci1.al ; r n
-a te
Townh i and Frulti farrir;' fesidential, if leeeAed on par-eels
€oolong on an art efial ad . •; shall be integrated into a
t ae p=oj:r:; (veftieal or horizontk,), itxlud: once ( or-
iffiefe f the S T•s +ea bel ow. Tha in this, pr en-is
te f4th tlx intent arrl purpose of both tk PID dis e+ �
J�Jse Pod r-egulatiens by requiring developments aleng
the E upe char vc7rezar 'rii £3tE?ri:tt:f and pod 3stfiafis alike,
thr- eughff orion!ation, vi:,aul a ttributes, desirable
eamm efe4l , , +tail, anrd o Fetuses -and sefviees. Allowed uses
with -- the -M -o d :shall bo limi to thes senditi3Ha4
and us:, ; ir; the C I and C 2 zeni di ets a n d t e
llb lA1J 11V4J l - Lilt
per - mitted u-3-33 in the C 3 -zoni g `a, tri3t ic3 in jie t ed b the
Use Matf:41 (see - Chaptef 3, ATfiele Al, Seetien 3,.).
e. Building and Site Regulations...
f. Parking...
g. Modifications...
h. Miscellaneous...
Section 7. Miscellaneous Districts...
16
1 Section 8. Overlay Zones...
2 Section 9. Penalties...
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 This space intentionally left blank — see next page.
17
I
CHAPTER 3. ARTICLE IV. USE REGULATIONS
2
3
ARTICLE IV.
USE REGULATIONS
4
5
Section 1.
Operational Performance Standards...
6
Section 2.
Hazardous / Toxic Waste and Substances...
7
Section 3.
Use Regulations.
8
9
A.
General...
10
B.
General Rules of Use Matrix...
11
12
C.
Use Matrix Legend. Uses regulated herein are classified in one (1) or more
13
of the following categories:
14
15
1. "P" - Permitted Uses...
16
2. "C" - Conditional Uses...
17
3. "A" - Accessory Uses...
18
19
4. « *» N ates a nd R ieti,.., An �� * �� indi ^r, +°„ th e __
20
of a aorresp number ii the "Note" e olurrr, - , ? ' ' h,eh-fek-rz o additiorral
21
standards of es t r i .tie +oa li � p r&uant t&-Sv beet
are A'�,i �e�l -1 rr u se
22
3.E.be
23
24
5. IPUD District...
25
26
6.
27 Planned Industrial DwFc}o};}7"rnt t - (PIS) id fied with a-'; -A l" ,;/rr t31
28 en the Use k4atrix:
29
30 a. Allewav'.e 1-133 n buildin and its- oustorna -r} aneillafy
31 d, akcred arA aac
32 i*JuArk -1, 3 .�P°e/ p e f ° ^; ciral, e3mm. 2. , .;. , 1 busin (,..1..eles.,,
33 1etail) e; cati3nal arA instita63nc'il u3 ad entei4,;nmen+ u se
34 {erect to additi ^n„1 estr -i n •a✓ithin these land development
35 fegulati3F featkn, az a4faetien use defined fef th
36 iiXlustcii+! Fu�u ° ?. nd T J. r i ° ejassifie 0i1); an to ffi h ome-, multi
37 €ai+i�y, end n1i3i o2 s and prej --c s in a PID, au al;F,ing f .. ^ Mi
38 Use Pod. NOTE - All uses a .•,. a in this seetionma b-- ;q,-pr
39 by the City Gem mi sign £nr placement en th ti PIP List
Y P -rn -vf
40 Appfev Uses, throu the T T- n , nr ess (see chapt 2
41 el -o 11, l tectie}1 -3.Q.. In app- 3v 4ig-+wes-f br a PID, the -- t-y�
42 Gommi3s, on -Hall mak-e�din —,-, that the use of us ed • ,
43 Ra he in v3n w it h t h e O ti c*al Pei: erfflane e st ,- dai• i n
44 Se-c-63n ] :;: ^� �b ulatian�, an are eansist with tha i -.tant
45 a*d purpose 3 this seetion.
46
47 R e er o t1w a rira lE Pe,-mitt 71 se T ist f .. ° e h o f fl PID zouriifr,g
48 mss:
49
8
I b. 7 J-, e (s)Allowed -is Alixed Use -Pod. himed Use Ped Within
2 the nin di et shall c ontain th following of uses w ithi n en
3 �X M= Nll ad Use Pods aAthifi tha PID district: 1) T ,..i., use afqd 4
4 or multi family fesidantial; 2) C ' retail; an 3) Bus iness
5 des.
6
7 use aiA rnult irsil; residential, i leeatea on par-eels f entin -
8 or. ;ten ait shall be integrated into a in ;x.
9 ('e :t.:.al o 4E���e �twl�,; lua;: g .n& -( or mor o f the uses listed
10 bete . The inter; *_ e fthis p r-ev i s i en i s te f,,.,h er - th e i -and purpase
11 of P, dist63t an 3 - Nn ;.wd Use n r - egu lati e fis b . . r - e
12 develepmer;ts %]3 .g tl'r str5etse pe-4lat &nd
13 pedestrians alike, through pr isual W &,
14 desifable eemmefeial,fetail, and z u3a3 and Jo; , Neon . A 11,,,,..,L,,e
15 uses wit t h e Aa: e d T is Pod shall b e limited as fo llows.!
16 v
17 (1) Any permitted use in the C 1, G 2, er—C 3 zaFzllg
18 di iet is side • ed Fermittod in tlf Nfffi 3d U,
19
20 (2) Any e3rdit - ,oral use ir. t C 1 e'• C 2 zening distrie
21 s h a ll : ��a ;�; ,,, ,i use , i th N4 a U se ,a.
22 Rxd
23
24 (3) Bars and r,.&.te :ub astab en s shall requi:ti
25 eon Edema; u, appreval in the N4 i: �d Use Psd:
26
27 D. Use Matrix (Table 3 -28).
28
29
30
31
32 This space intentionally left blank - see next page.
33
34
19
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1
1. General Note. Gross floor area shall not exceed 5.000
2
sauare feet.
3
4
2. General Note. The gross floor area shall not exceed 10.000
5
square feet.
6
7
3. General Note. Conditional use approval shall be reauired if
8
located within 200 feet from a residential zoning district.
9
10
4. General Note. As a principal or accessory use, it is allowed
11
if there is a minimum separation of 300 feet between such use and a
12
residential zoning district. The distance shall be measured in a straight
13
line from the propertv line of the subject use to the prop_ ertv line of the
14
residential zoning district.
15
16
5. General Note. This use shall be prohibited on the first
17
floor.
18
19
6. General Note. For those proiects with frontage on an
20
arterial road, this use is allowed as a permitted use if the around floor
21
fronting the arterial is devoted to office or retail use; otherwise.
22
conditional use approval shall be reauired.
--
23
24
7. General Note. Shall exclude drive - through facilities.
25
26
8. General Note. Non - residential uses located in a PUD must
27
serve the needs of the PUD and not the general needs of a surroundin
28
area. Areas designated for commercial activities shall not generallv front
29
on exterior or perimeter streets, and shall be located centrally within the
30
vroiect. The onlv exception to these rules is when a residential mixed -use
31
proiect would promote new urbanism design standards and helps to further
32
sustainable initiatives. Such developments shall also be designed to
33
further anv applicable recommendations within the corremondin_g
34
Redevelopment Plan.
35
36
9. General Note.
37
38
a. C -4 district. If proposed on a site that fronts on an arterial
39
or collector roadwav, the establishment shall be reauired to have
40
an accessory commercial component (i.e.. tasting room and retail
41
showroom) to the operation. The size of the tasting room / retail
42
showroom shall be at least 10% of the gross floor area or 1,000
43
sauare feet, whichever is greater. This minimum size reauirement
44
is not apolicable to those establishments which do not front on an
45
arterial or collector roadway. No use shall be carried out so as to
46
allow the emission of obiectionable or offensive odors or fumes in
such concentration as to be readily oerceotible at any point at or
2
bev and the boundary of the zoning_ district.
3
4
b. M -1 district.
5
6
(1) An accessory commercial component (i.e.. tasting
7
room and retail showroom) shall be reauired for any
8
establishment located on an arterial roadway. In all other
9
instances. an accessory commercial component is optional.
10
Where optional or reauired. the tasting room, retail
11
showroom, and/or facility tours shall not be open to the
12
public after 10 p.m., except Fridays and Saturdays.
13
whereby it may remain open until 11 p.m. The maximum
14
size of the tasting_ area shall be as follows:
15
16
(a) For establishments under 10,000 square feet
17
or less: 20% of the gross floor area but not to
18
exceed 1,500 sa_uare feet.
19
20
(b) For establishments greater than 10,000
21
square feet, Not to exceed 1.500 square feet.
22
23
(2) No drive -up, drive - through, or drive -in facilities
24
shall be allowed.
25
26
(3) The establishment is ineligible for a live
27
entertainment permit.
28
29
10. General Note. Buildings greater than 80.000 sauare feet
30
shall require conditional use approval. Maximum footprint is 124,000
31
square feet. Building elevations shall be enhanced with appropriate design
32
elements to break up wall expanses (i.e. articulation, windows, columns.
33
varied rooflines, etc.).
34
35
11. General Note. This use shall be integrated into a mixed use
36
building_ or develop_ ment.
37
38
12. General Note. This use is allowed, but it shall not be
39
located on a lot that fronts on an arterial roadway.
40
41
13. General Note. This use is allowed, but it shall not be
42
located on a lot that fronts on an arterial or collector roadway.
43
44
14. General Note. The subiect use is only allowed on a lot that
45
fronts on an arterial or collector roadway.
46
37
1
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
41
42
43
44
45
46
15. General Note. This use shall be integrated into a mixed -use
building or development. It must not 1) occur) more than 50% of the
gross floor area of anv given building. and 2) exceed 20% of the gross
floor area of the mixed use development.
16. General Note. This use shall be integrated into a mixed -use
building or development. It must not 1) occupy more than 50% of the
gross floor area of anv given building or 2) exceed 30% of the gross floor
area of the mixed use development.
17. General Note.
a. All Mixed -Use Districts. This use shall be integrated
into a mixed -use building or development. It must not 1) occupy
more than 50% of the gross floor area of anv given building or 2)
exceed 30% of the gross floor area of the mixed use development.
b. MU -L1 district. MU -L2 district. and MU -L3 district.
The subiect use is onlv allowed on lots fronting_ on arterial or
collector roadways.
18. Ocean Avenue Overlav Zone.
a. This use is allowed in this zoning district onlv when
proposed on a lot located within the Ocean Avenue Overlav Zone
(OAOZ).
b. Anv proposed non - residential use that would abut a side
property line of a residential use located on Northeast 1st Avenue
or Southeast I st Avenue requires conditional use approval.
C. Anv allowable use is considered permitted by right.
provided that it is proposed on propertv with frontage on Ocean
Avenue; otherwise conditional use approval shall be reauired.
Additionally, no existing uses shall be deemed non - conforming.
19. General Note. This use shall be prohibited on the ground
level of buildings located on lots that front on Ocean Avenue located
within the Ocean Avenue Overlav Zone.
20. General Note. This use is allowed as an accessory use to
anv lawful ARTS CAMPUS located within the Ocean Avenue Overlav Zone.
21. General Note. This use is allowed as an accessory use to
anv City -owned and operated park facilitv.
38
1
22. General Note. This non - industrial use is allowed within the
2
M -1 district, provided that it 1) is located within a multiple- tenant
3
development on a lot that fronts on an arterial roadwav: 2) does not exceed
4
5,000 sa_uare feet: 3) excludes a drive -um drive - through, or drive -in
5
facility: and 4) complies with all off - street parking requirements of
6
Chapter 4, Article V. In addition, the sale of used merchandise is only
7
allowed as accessory to the sale of new merchandise.
8
9
23. General Note. This use is allowed on an arterial or
10
collector roadwav within the M -1 district provided that it has accessory
11
commercial component to the operation. This establishment will be
12
required to meet the following criteria:
13
14
a. Location. The accessory commercial component shall
15
be located within a building situated on a lot that fronts on an
16
arterial or collector roadwav_ : and
17
18
b. Interior. An indoor showroom of at least 250 square
19
feet for retail sales shall be required for establishments 25.000
20
square feet or less. An indoor showroom area of at least one
21
percent 0%) of the gross floor area shall be required for
22
establishments greater than 25,000 square feet.
23
24
24. General Note. This non - industrial use is allowed within the
25
PID district provided it is located on a lot that has a Commercial (C) land
26
use option.
27
28
25. General Note. This non - industrial use is allowed within the
29
PID district provided it is located on a lot that has a Governmental &
30
Institutional (G &I) land use option.
31
32
26. General Note. This use is allowed within the PID, except
33
that if proposed in Quantum Park, it shall be restricted to a lot that has an
34
Industrial (1) land use option.
35
36
27. General Note. This non - industrial use is allowed within the
37
PID district provided it is located on a lot that has a Mixed Use (MU) land
38
use option fronting on an arterial roadwav or on a MU lot with a
39
development order that is not solely for residential develop_ ment.
40
41
28. General Note. This non - industrial use is allowed within the
42
PID district provided it is located 1) on Lot 3B of the Bovnton Commerce
43
Center PID: or 2) on a lot with a Mixed Use (MU) land use option fronting
44
on an arterial roadwav or on a MU lot with a development order that is not
45
solelv for residential development.
46
39
29. General Note. This use is allowed within the PID, except
2
on lots that have either a Governmental & Institutional (G &I) or Mixed
3
Use (MU) land use option.
4
5
30. General Note. If proposed on Lot 3B of the Bovnton
6
Commerce Center PID, it shall be reauired to have an on -site
7
manufacturing component to the operation.
8
-
9
31. General Note. This non - industrial use is allowed within the
10
PID district provided it is located on a lot that has an Office (0) land use
11
option. No drive - through facility shall be allowed in connection with this
12
use.
13
14
32. General Note.
15
16
a. Landscaping. All exterior (temporarv) storage of
17
eauipment shall be adequately screened. Additional buffering may
18
be required as recommended by the Director of Planning & Zoning
19
to ensure compatibility.
20
21
b. M -1 district. Outdoor storage of eauipment shall reouire
22
conditional use approval if located within 200 feet of a residential
23
zoning district. No exterior storage of eauipment in a wrecked
24
condition shall be perinitted.
25
26
33. Non - Residential Uses in Single - Familv Residential Districts.
27
The following applies to facilities to be located within zoning
28
districts limited to single - familv homes (R -1 -AAB district, R -1 -AA
29
district, R -1 -A district, and R -1 district):
30
31
a. Location. Along the following roadwav types as
32
designated in the Citv of Bovnton Beach Comprehensive Plan:
33
arterials and collectors.
34
35
b. Minimum Lot size. One (1) acre for all non - residential
36
uses, except for DAY CARE establishments, which shall be
37
regulated in accordance with Section 3.D.87 below.
38
39
C. Frontage. Except for DAY CAREs establishments, a
0
minimum frontage of 150 feet for all non - residential uses.
1
42
d. Landscaping. A minimum buffer width of five (5) feet and
43
a landscaping barrier shall be reauired for all parking and vehicle
44
use areas. and outdoor recreation areas that abut sing_ le- family
45
residential zoning districts.
46
40
I
e. Desien. Building design shall be consistent with
2
surrounding residential stvles.
3
4
E Separation. Distances between residential properties and
5
outdoor plav areas shall be maximized.
6
7
34. Home Occupation.
8
9
a. Home occupations shall be permitted subiect to these
10
specific regulations designed for the protection of residential
11
neighborhoods, where all of the activitv takes place within a
12
structure. and where the principal use is for residential purposes.
13
In order for anv home occupation to be permitted or continue to be
14
permitted, the following performance standards shall be agreed to
15
in writing by the applicant and be maintained for the duration of
16
the occupational license:
17
18
(1) Compatibility. The residential character and
19
integrity of the neighborhood must not be disturbed and the
20
occupational activitv at the home shall not be noticeable
21
from off the premises.
22
23
(2) Size. A home occupation shall onlv be conducted
24
within 20% of the living area of the dwelling including
25
interior halls, closets and storage areas. but excluding
26
garages, screened porches. accessory buildings or anv
27
similar space not suited or intended as living quarters.
28
29
(3) On -site Restrictions. The home occupation shall be
30
conducted at the licensed address onlv by residents of that
31
dwelling unit and shall only be the tvpe of occupation
32
which does not involve client business visits to the home,
33
and is tvpifed by business transactions conducted by
34
telephone, mail. or off premises of the licensed address.
35
(The giving_ of individual instruction to one (1) person at a
36
time, such as an art of piano teacher, shall be deemed a
37
home occupation).
38
39
(4) Performance Standards. No eauipment or
40
process shall be used in a home occupation which creates
41
fumes. glare, noise, odors, vibration. or electrical
42
interference detectable to the normal senses off the lot, if
43
the occupation is conducted in a single- familv residence. or
44
outside the dwelling unit if conducted in other than a
45
single - familv residence. In the case of electrical
46
interference, no eauipment or process shall be used which
41
creates visual or audible interference in anv radio or
2
television receivers off the Dremises.
3
4
(5) Traffic. No traffic shall be generated by a
5
home occupation in greater volumes than would normallv
6
be expected in a residential neighborhood, and anv need for
7
parking generated by the conduct of a home occupation
8
shall be met by off - street Barking which complies with
9
Chapter 4, Article VI.
10
11
(6) Storage. All storage of materials or suDDlies
12
used in the home occupation shall be done within the living
13
area of the dwelling unit. within the space limitations
14
specified in subsection 2 above and shall not be visible
15
from adiacent residential units. Contractors, tradesoersons
16
and the like shall not use their home garage or vard areas
17
for storage of materials and suDDlies used in business
18
activities.
19
20
(7) Signage. No sign or disDlav shall be visible
21
other than a non - illuminated sign, not exceeding two (2)
22
square feet in area. placed on the exterior wall of the
23
residence as close as Dractical to the front entrance.
24
25
(8) Parking. A Dane], Dick -uD truck, van, or
26
similar tvDe of truck, not to exceed a one (1) ton chassis
27
configuration, may be Darked in a residential zoning
28
district. However. such vehicle must be used by a resident
29
of the Dremises. and no more than one (1) such truck shall
30
be located on each Blot.
31
32
(9) Miscellaneous. A home occupation shall be
33
subiect to all Business Tax provisions defined in Part II,
34
Chapter of the Bovnton Beach Code of Ordinances.
35
36
35. Alcoholic Beverages. Subiect to the Drovisions of Chapter
37
3. Alcoholic Beverages, Part II, of the Citv Code of Ordinances.
38
39
36. Accessory Dwelling Unit.
40
41
a. All districts. An ACCESSORY DWELLING UNIT is allowed
42
as an accessory use to anv lawful non - residential principal use
43
within a non - residential building_ . Such unit shall have a minimum
44
living area of 750 square feet and limited to occuDancv by the
45
proDertv owner or business owner / oDerator.
46
42
1
b. M -1 district. This use is allowed as an accessory to any
2
lawful SELF - SERVICE STORAGE facility and which meets the
3
Drereauisites contained therein.
4
5
37. Bed & Breakfast.
6
7
a. Generallv. A BED & BREAKFAST is a private owner occupied
8
residence having more than three (3) and less than ten (10) guest
9
units, which are subordinate and incidental to the main residential
10
use of the building. Prior to the establishment and operation of a
11
BED & BREAKFAST, all required business licenses and health
12
permits shall be obtained in comDliance with all building. sign,
13
sanitary and fire codes. Prior to the issuance of a business tax
14
certificate, which shall be renewed annually, the City shall conduct
15
an inspection of the DroDerty to determine compliance with the
16
current rea_uirements of the City's regulations, State Building
17
Codes, and conditions of anDroval.
18
19
b. Interior.
20
21
(1) Common Area. Within each BED & BREAKFAST
22
establishment, a common area must be provided for a
23
central dining area and for at least one (1)
24
sitting/reading /discussion room.
25
26
(2) Number of Rooms. The number of bedrooms and
27
bathrooms are to remain unchanged unless modifications
28
are necessary to comDly with Building_ . Fire, and / or Health
29
Codes.
30
31
c. Miscellaneous.
32
33
(1) Cooking. Except as hereinafter provided, there
34
shall be no cooking facilities or food storage in any guest
35
unit. Breakfast shall be the only meal Drovided for paving
36
overnight guests. The breakfast meal shall not be served
37
after 11:00 a.m.
38
39
(2) Maximum Stay. The maximum stay for each guest
40
shall be 14 consecutive days and not more than 14 days
41
during any 45 day period. The owner and / or manager
42
shall maintain a guest book. which accurately identifies all
43
guests for each night's lodging. This register of guests shall
44
be available for city inspection during reasonable business
45
hours. Check -in and check -out shall take Dlace between
46
8:00 a.m. and 8:00 D.M. only.
43
1
2
3
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
41
42
43
44
45
46
(3) Owner. The owner of the BED & BREAKFAST
establishment must reside on the premises.
(4) Commercial. Commercial social activities and
events and the sale of merchandise to non - guests are
Drohibited in the BED & BREAKFAST establishment.
(5) Kitchenettes. Existing kitchenettes within one (1)
or more guest units are considered within the scone of this
section and will not have to be removed.
38. Dwelling, Two - Familv (DUD1ex).
a. C -3 district and PCD district. A Two - FAMILY
DWELLING (DUPLEX) shall comply with the R -2 district
regulations. See Chapter 3. Article III. Section 2.E.
39. Dwelling, Multi - Family.
a. C -3 district and PCD district. A MULTI - FAMILY
DWELLING shall comply with the R -3 district reaulations. See
Chapter 3, Article III. Section 2.17.
40. GrouD Home TvDes 1 through 4.
a. All TvDes.
(1) Common Area. At least 10% of the total floor
area shall be devoted to a common area, exclusive of halls,
corridors, stairs. and elevator shafts, wherein a variety or
recreational or therapeutic activities may occur.
(2) Rooms. Residents' rooms or suites shall, in
no case, have kitchen facilities available for the preparation
of food.
. Tv e 1.
(1) Desian. Pursuant to Chapter 4, Article III.
Section 3.G.1, the aDDearance of a GROUP HOME shall be
residential in character and similar in appearance to the
surrounding neiahborhood.
(2) Separation. Such use shall be located a minimum
distance of 1,000 feet from another GROUP HOME
1
2
3
5
6
7
8
9
1
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
0
1
42
43
44
45
46
(regardless of TVDe), as measured by direct distance
between Dropertv lines. The floor area of anv existing
facilitv shall not be expanded in instances where located
less than the minimum separation reauirement. All new
aDDlications to operate such uses or aDDlications for
building Dermits to expand such uses shall be accompanied
by an affidavit certifving compliance with this restriction.
C. TvDes 2.3. and 4.
(2) Separation. Such use shall be located a minimum
distance of 1.000 feet from another GROUP HOME
(regardless of TvDe) and 600 feet of DroD_ erty zoned for
single - familv dwellings, as measured by direct distance
between DroDertv lines. The floor area of anv existing
facilitv shall not be expanded in instances where located
less than the minimum separation requirement. All new
aDDlications to operate such uses or aDDlications for
building Den to expand such uses shall be accomDanied
by an affidavit certifving compliance with this restriction.
41. Hotel & Motel (includes Boutique, Extended -stav, Auartment,
Timeshare ADartment).
a. C -3 district. Timeshare Hotel shall comDly with R -3
district regulations. Boutique Hotels are not listed as Dermitted
uses.
b. C -4 district. Boutique Hotels and Timeshare Hotels are
not listed as Dennitted uses.
C. CBD district. Apartment Hotels require conditional use
approval.
d. PCD district. Timeshare Apartments shall comely with R-
3 district regulations. Boutique hotels are not listed as Dermitted
uses.
e. SMU district. HOTELS require conditional use aDDroval.
Apartment Hotels, Boutique Hotels, and Timeshare Apartments are
not listed as Dennitted uses. Motels are Drohibited uses.
C MU -L1 district, MU -L2 district, and MU -L3 district.
Timeshare Hotels are not listed as permitted uses. Boutique Hotels
and MOTELS are Drohibited uses.
:E
1
2. MU -H district. Boutique Hotels reauire conditional
2
use approval and must be integrated into a commercial or mixed 7
3
use development and not exceed 30% of the gross floor area of the
4
entire development. Apartment Hotels and Timeshare Apartments
5
are not listed as permitted uses. Motels are prohibited uses.
6
7
h. PID district. This non - industrial use is allowed within the
8
PID district provided it is located on a lot that has a Hotel (H) land
9
use option.
10
11
42. Live -Work Units.
12
13
a. SMU district. This subsection provides for the use of
14
residential structures to accommodate live /work opportunities.
15
LIVE -WORK UNITS shall be specifically designated on the site plan.
16
and comply with the following standards and requirements. These
17
provisions are not applicable to dwellings or occupations that meet
18
the definition of home occupation. All respective site plan pages
19
shall identify all proposed Live -Work Units and buildings. LIVE -
20
WORK UNITS shall be tallied in the site plan tabular data.
21
22
(1) Location. To minimize impacts to the greater
23
neighborhood, units planned for LIVE -WORK UNITS shall be
24
located at the perimeter of the residential proiect or along
25
the proiect's principal roadway. and /or where possible.
26
adjacent to perimeter /external rights- of -way.
-
27
-
28
(2) Use(s):Non- residential uses that are permitted in
29
LIVE -WORK UNITS are generally limited to professional
30
service, business service, or tutoring services. A listing of
31
common uses permissible in LIVE -WORK UNITS, subject to
32
issuance of occupational license are located in subsection
33
16 below. No work activitv shall be permitted that by
34
virtue of intensitv or number of emnlovees has the potential
35
to create impacts by reason of traffic, parking issues,
36
hazardous materials, or excess waste. The following list
37
identifies the permitted uses within designated LIVE -WORK
38
UNITS, subject to processing through the Citv's Business
39
Tax office:
40
41
Addressing service /mailing list comp_ iler
42
Arbitrator. mediator services
43
Cleaning services, maid, housekeeping, janitorial
44
Commercial artist/design studio
45
Commercial photography
46
Computer programming service
I
Computer software development
2
Data processing
3
Direct mail advertising services
4
Editing, nroofreading. typing service
5
Paralegal
6
Partv sunolies, rental /leasing_ (office only, no storage on
7
site
8
Private investigator
9
Recording service
10
Secretarial service
11
Boat broker (office onlv)
12
Alteration, dressmaking shot). tailor
13
Abstract and/or title comnanv
14
Accountant/income tax services
15
Adiusters, insurance
16
Advertising_ office
17
Appraiser
18
Architect
19
Attornev
20
Auctioneer (office only_ )
21
Author
22
Broker
23
Business analvst
24
Calculating and statistical service
25
Court reporting /stenographers
26
Credit reporting,
27
Engineer's office
28
Importer /exporter (office onlv)
29
Insurance aeencv/bond office
30
Interior decorating
31
Loan comt)anv office
32
Market research office
33
Model aeencv
34
Notary public office
35
Public relations office
36
Real estate sales /management office
37
Travel agency
38
Tutoring or instruction (academics, music, art)
39
Art studio with ancillary sales
0
1
(3) Floor Area. The minimum floor area of a LIVE -
42
WORK UNIT shall be 1.000 square feet. No more than 750
43
square feet of the LIVE -WORK UNIT shall be reserved for
44
living space. including kitchen, bathroom. sleeping, and
45
storage areas. The remaining gross floor area of each unit
46
shall be reserved and regularlv used for sleenine space.
47
1
2
(4) Construction. Each LivE -Wolin UNIT shall be a
3
separate unit from other uses in the building. The around
4
floor of all LIVE -WORK UNITS shall meet the Florida
5
Building Code reauirements for mixed occupancv
6
buildings. Each unit, including the garage, shall be
7
separated by walls from other LIVE -WORK UNITS or other
8
uses in the building_ .
9
1
(5) Accessibilitv. Buildings designated as LIVE -WORK
11
UNITS shall provide universal accessibilitv to the front and
12
to the interior space of the nonresidential area of the Live -
13
Work Unit from the public sidewalk adjacent to the street.
14
15
(6) Miscellaneous. No more than two (2) on -site
16
emplovees. in addition to the resident(s) of the LIVE -WORK
17
UNIT, may undertake business activities from said unit. At
18
least one resident of an individual LIVE -WORK UNIT shall
19
maintain a current occupational license for a business
20
located in that unit. Acknowledgment, in the form of an
21
affidavit, of the emplovee limitation shall be made by the
22
unit resident, at the time of application for an occupational
23
license. The work area shall not be rented separately from
24
the living space.
25
26
b. MU -L1 district, MU -L2 district, MU -L3 district, and
27
MU -H district. The following restrictions apply to proiects within
28
zoning districts that contain Master Plans approved for LIVE -
29
WORK UNITS:
30
31
(1) Floor Area. The minimum floor area of a LIVE -
32
WORK UNIT shall be 1,000 square feet. No more than 750
33
square feet of the LIVE -WORK UNIT shall be reserved for
34
living space, including kitchen, bathroom, sleeping, and
35
storage areas. The remaining gross floor area of each unit
36
shall be reserved and regularly used for sleeping space.
37
38
(2) Use(s). The work activitv in a building
39
where LIVE / WORK UNITS are allowed shall be anv use
40
permitted by right in the zoning district, except that in order
41
to protect the health and safetv of persons who reside in a
42
LIVE -WORK UNIT, no work activitv shall be permitted that
43
by virtue of size, intensitv, number of emplovees or the
44
nature of the operation, has the potential to create
45
significant impacts by reason of dust, glare. heat, noise,
46
noxious gasses, odor, smoke, traffic. vibration or other
48
I
impacts. or would be hazardous by wav of materials,
2
process, product or wastes.
3
4
(3) Construction. Each LIVE -WORK UNIT shall be a
5
separate unit from other uses in the building.
6
7
(4) Accessibilitv. Access to each LIVE -WORK UNIT
8
shall be provided from common access areas. common
9
halls or corridors. or directly from the exterior of the
10
building.
11
12
(5) Separation. Each LIVE -WORK UNIT shall be a
13
separate unit from other uses in the building. Access to
14
each LIVE -WORK UNIT shall be Drovided from common
15
access areas, common halls, or corridors, or directly from
16
the exterior of the building.
17
18
(6) Miscellaneous. At least one (1) resident of an
19
individual LIVE -WORK UNIT shall maintain a current
20
business tax receipt for a business located in that unit. No
21
Dortion of a LIVE -WORK UNIT may be separately rented or
22
sold as a commercial space for a Derson or Dersons not
23
living in the premises or as a residential space for a Derson
24
not working in the same unit. No LIVE -WORK UNIT shall
25
singly be changed to exclusively commercial or exclusivelv
26
residential use. No conversion of all LIVE -WORK UNITS in
27
a single structure to exclusively residential use shall be
28
permitted where the work Dortion of the units is the onlv
29
commercial use in a Droiect, nor shall conversion to
30
exclusivelv commercial use be permitted where the live
31
portion of the units is the only residential use in a aro_iect.
32
33
43. Art. Book, Craft, Hobbv, Music, Sporting Good & Tov Store.
34
35
a. CBD district. Bait and tackle shoos are Den as an
36
accessory use to MARINAS, INCLUDING YACHT CLUBS.
37
38
b. PID district. This use is also allowed as an accessory use
39
to an ARTIST STUDIO.
40
41
44. Auto Dealer, (New & Used).
42
43
a. MU -L3 district and MU -H district.
44
45
(1) General. Indoor storage / dis0lav only and
46
shall not exceed 10.000 square feet. This use excludes
49
AUTOMOTIVE, MINOR REPAIR, and AUTO CAR / WASH.
2
Conditional use approval shall be required if all or a Dortion
3
of the inventory is located within a parking garage /
4
structure.
5
6
(2) Access. Shall not be directiv from anv
7
maior roadway.
8
9
(3) Storage. No outside storage of materials,_
10
Darts, and vehicles.
11
12
(4) Design. Pursuant to Chapter 4, Article III.
13
Section 3.A.7. overhead doors shall not be visible from anv
14
maior roadway frontage.
15
16
(5) Loudspeakers. No exterior loudspeakers or paging
a
17
eauipment shall be Dermitted on -site.
18
19
b. PID district. This non - industrial use is allowed within the
20
PID district Drovided it is located on Ouantum Park lots 77 through
21
80.
22
23
45. Boat Dealer / Rental.
24
25
a. C -4 district. BOAT DEALER / RENTAL, as a DrinciDal use.
26
shall exclude the repair or service of vessels on the Dremises. A
27
BOAT DEALER / RENTAL is allowed as an accessory use to a
28
MARINA but conditional use annroval is required. No exterior
29
loudspeakers or paging eauipment shall be Dermitted on -site.
31
b. MU -H district. BOAT DEALER / RENTAL is allowed
32
as an accessory use to a MARINA but conditional use annroval is
33
required. No exterior loudspeakers or Daging eauipment shall be
34
Dermitted on -site. Storage / disDlav allowed onlv in wet docks or
35
indoor not to exceed 10,000 square feet. The sales, rental, service,
36
repairs, and storage of marine trailers are Drohibited.
37
38
46. Gasoline Station.
39
40
a. All districts.
41
42
(1) Location. GASOLINE STATIONS, operating as
43
principal uses are onlv allowed on DroDerties located at
44
intersections of rights- of -wav consisting of four (4) or more
45
lanes as designated by the Comprehensive Plan, excluding
46
Local Streets. A maximum of two (2) GASOLINE STATIONS
I
shall be allowed at each intersection, and located at
2
diagonal corners. A CONVENIENCE STORE with retail
3
gasoline sales is considered to be a GASOLINE STATION and
4
is therefore, restricted to these location requirements.
5
6
(2) Lot Size. Minimum lot size: 30.000 sa_uare
7
feet.
8
9
(3) Frontage. Minimum street frontage: 225 feet
10
on each frontage measured from the intersecting right -of-
11
wav lines of the Dublic streets.
12
13
(4) Access.
14
15
(a) Onlv one (1) access drivewav is allowed
16
from each maior street frontage. Driveways shall
17
be located a minimum of 50 feet from the
18
intersection unless county or state standards require
19
a greater distance;
20
21
(b) Driveways shall be a minimum of 30 feet
22
and a maximum of 45 feet in width: and
23
24
(c) Driveways shall not be located less than 30
25
feet from anv interior propertv line.
26
-
27
(5) Setbacks.
28
29
(a) No canoDV shall be located less than 20 feet
30
from anv DroDerty line: and
31
32
(b) No gasoline DumD island shall be located
33
less than 30 feet from anv DroDertv line.
34
35
(6) Storage. No outside storage of materials.
36
Darts, and no overnight storage of vehicles outside.
37
38
(7) Design. Pursuant to Chapter 4, Article III,
39
Section 3.G.4, all GASOLINE STATIONS located on
40
designated out- Darcels to shoDDing centers. business
41
centers, or other Dlanned commercial develoDments shall
42
conform in design to the aDDroved design Dian of the
43
DrinciDal center.
44
45
(8) Landscaping. See landscaping standards in Chapter
46
4.
51
1
2
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
41
42
43
44
45
b.
C .
(9) Lighting. See lighting standards in Chanter 4.
(10) Except for where otherwise approved on a Master
Sian Program, GASOLINE STATIONS shall only be Dermitted
to advertise on sia_nage located within the n_ rooerty
boundaries.
C -2 district, C -3 district, and C -4 district.
(1) Use(s) Allowed: A CONVENIENCE STORE:
AUTO / CAR WASH, AUTOMOTIVE, MINOR REPAIR. and
AUTOMOTIVE WINDOW TINTING / STEREO INSTALLATION /
ALARMS are allowed as accessory to GASOLINE
STATIONS.
(2) Setbacks Except for oronerties located within
the Urban Commercial District Overlay Zone, the
following building setbacks shall aDDly to all structures on
the Dronerty including the primary structure, or any
accessory structures such as car washes or above - ground
storage facilities.
(a) Building Front (and side corner). 35
feet;
(b) Building Side. 20 feet:
(c) Building Rear. 20 feet:
(d) Automated Car Wash.The entrance to an
automatic car wash shall be setback no less than 75
feet from the street in order to provide for an area of
vehicular aueuing (stacking). An accessory AUTO /
CAR WASH shall be fully automatic, and recycle all
water used in the car washing process.
(3) No GASOLINE STATION shall be located within 200
feet from a residential structure. Distances for the Durpose
of this subsection shall be measured from the closest
gasoline DumD island or canopy of the GASOLINE STATION
to the closest boundary wall of the residential structure.
PCD district.
(1) Use(s) Allowed: A CONVENIENCE STORE:
2
AUTO / CAR WASH. AUTOMOTIVE, MINOR REPAIR. and
3
AUTOMOTIVE WINDOW TINTING / STEREO INSTALLATION /
4
ALARMS are allowed as accessory uses to GASOLINE
5
STATIONS.
6
7
(2) Setbacks. The following building setbacks
8
shall anDly to all structures on the property including the
9
Drimary structure, or anv accessory structures such as car
10
washes or above - ground storage facilities.
11
12
(a) Building Front (and side corner) - 35 feet:
13
14
(b) Building Side - 20 feet:
15
16
(c) Building_ Rear - 20 feet:
17
18
(d) Automated Car Wash - The entrance to an
19
automatic car wash shall be setback no less than 75
20
feet from the street in order to Drovide for an area of
21
vehicular aueuina (stacking). An accessory AUTO /
22
CAR WASH shall be fully automatic; and recv_ cle all
23
water used in the car washing_ Drocess.
24
25
(3) Separation.
26
27
(a) No gasoline DumD island shall be located
28
less than 200 feet from anv public right- of -way.
29
30
(b) No GASOLINE STATION shall be located
31
within 200 feet from a residential structure.
32
Distances for the purposes of this subiection shall
33
be measured from the closest gasoline Dumb island
34
or canoDv of the GASOLINE STATION to the closest
35
boundary wall of the residential structure.
36
37
(4) Relief from Standards. Waivers from the
38
following standards may be granted in accordance with
39
Chapter 2. Article II by the Citv Commission for existing
40
Droiects annexed into the Citv, when the regulation cannot
41
be fullv complied with, but where the intent of the LDR is
42
met:
43
44
(a) Section 3.13.46.a(5)(a) above:
45
46
(b) Section 3.D.46.a(5)(b) above:
53
1
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
41
42
43
44
45
46
(c) Section 3.D.46.c(3)(a) above; or
(d) Section 3.D.46.c(3)(b) above,
The applicant shall provide iustification of the waiver and
submit a mitigation plan off - setting the impact.
d. MU -L3 district and MU -H district.
(1) Use(s) Allowed. A CONVENIENCE
STORE is allowed as an accessory use to a GASOLINE
STATION.
(2) Setbacks.
(a) Building setbacks shall meet those reauired
by the applicable zoning district.
(b) Canopv structure over the fuel pumps shall
be located either to the side or rear of its associated
orincioal building.
47. Grocery Store.
a. MU -L1 district, MU -L2 district, MU -L3 district, and
MU -H district. Gross floor area of grocery store must be a
minimum of 15.000 square feet and a maximum of 80.000 square
feet.
48. Hardware Store.
a. CBD district. Excluding lumber or building materials
dealers. lawn & aarden shops, class, electrical, plumbing, heating
supplies, and the like.
b. MU -L1 district, MU -L2 district, MU -L3 district, MU -H
district, and PID district. Indoor storaae / displav only and shall
not exceed 10,000 sauare feet.
C. PID district. This use excludes an on -site lumber vard
and anv other exterior (outside) activity or storage.
49. Home Improvement Center. This use excludes an on -site
lumber vard and any other exterior (outside) activity or storaae.
54
1
50. Marine Accessories.
2
3
a. C -2 district. Excluding anv installation on premises, and
4
excluding machine shot service.
5
6
b. MU -L1 district, MU -L2 district, MU -L3 district. and
7
MU -H district. Indoor storage / disDlav only and shall not exceed
8
10.000 sauare feet. The sales, rental, service, repairs, and storage
9
of marine trailers are Drohibited. Marine customizing, detailing.
10
service, Darts, or repair is also prohibited.
11
12
51. Merchandise New. This use excludes an on -site lumber vard
13
and anv other exterior (outside) activitv or storage.
14
15
52. Merchandise, Used (Antiaue Shoa). Gross floor area shall
16
not exceed 5,000 sauare feet. An Auction House is allowed. but only as
17
an accessory use to a lawful ANTIQUE SHOP.
18
19
53. Merchandise. Used (Other). This establishment shall be
20
limited to 5,000 square feet of gross floor area and must be located a
21
minimum distance of 2,400 feet from another MERCHANDISE. USED
22
(OTHER) or MULTIPLE- VENDOR MARKET establishment, as measured by
23
direct distance between DroDertv lines. The floor area of an existing
24
MERCHANDISE, USED (OTHER) establishment shall not be expanded in
25
instances where located less than the minimum separation reauirement.
26
All new aDDlications to operate such uses or aDDlications for building
27
Dermits to expand such uses shall be accompanied by an affidavit
28
certifving comDliance with this restriction. Exterior storage and disD_ lav in
29
connection with such uses shall be Orohibited.
30
31
54. Mobile Vending Unit (MVU). See Chapter 3, Article V,
32
Section 10 for additional regulations regarding_ an MVU.
33
34
55. Multiple- Vendor Market. A MULTIPLE - VENDOR MARKET shall
35
be limited to 5,000 square feet of gross floor area and must be located a
36
minimum distance of 2,400 feet from another MULTIPLE- VENDOR
37
MARKET or MERCHANDISE USED (OTHER) establishment, as measured by
38
direct distance between Dronerty lines. The floor area of an existing
39
MULTIPLE - VENDOR MARKET establishment shall not be expanded in
40
instances where located less than the minimum separation reauirement.
41
All new aDDlications to oDerate such uses or aDDlications for building
42
permits to expand such uses shall be accompanied by an affidavit
43
certifving comDliance with this restriction. Exterior storage and dish_ lav in
connection with such uses shall be prohibited.
45
55
1
56. Nurserv, Garden Center, & Farm SUDDIV. The exterior.
2
disDlav of live Dlants is exempt from the 300 -foot distance reauirement of
3
Chapter 3, Article V. Section 5.1) and such Dlants may remain outdoors
4
after normal business hours provided that their placement comb_ lies with
5
the location criteria of Chapter 3, Article V. Section 5.C.
6
7
57. Pharmacv & Drug Store.
8
9
a. All districts. No more than 15% of the total number of
10
prescriptions sold within a 30 day period can be derived from the
I 1
sale of Schedule II controlled substances as listed in Florida Statute
12
893.03. All pharmacies and drug stores shall be staffed by a state
13
licensed Dharmacist who shall be present during all hours the
14
pharmacv. or Dharmacv function of the drug store, is open for
15
business. This restriction on prescription sales shall not aDDly to a
16
Dharmacv operating accessory to a facilitv licensed pursuant to FS
17
Chapter 395 (e.g.. HOSPITAL).
18
19
b. MU -H district. Use shall be subiect to the following
20
distance separation reauirements from similar uses, measured in a
21
straight line, using the shortest distance between property lines_
22
shall be the following:
23
24
(1) 750 feet: For uses with less than 5.000 sa_uare
25
feet of gross floor area:
26
27
(2) 1,500 feet: For uses with a gross floor area ea_ual
28
to or greater than 5,000 gross square feet.
29
30
58. Restaurant.
31
32
a. All districts. See Chapter 3, Article V. SuDDlemental
33
Regulations regarding the Sidewalk Cafe permit.
34
35
b. C -1 district. A RESTAURANT is allowed as accessory use
36
to a BUSINESS OR PROFESSIONAL OFFICE and / or a MEDICAL OR
37
DENTAL OFFICE but subject to the following conditions:
38
39
(1) Signage. No external signage for the
40
restaurant use shall be allowed:
41
42
(2) Hours of operation shall be limited to coincide with
43
the hours of operation of the Drincipal use.
44
45
C. M -1 district. This non - industrial use is allowed within the
46
M -1 district, provided that it 1) is located within a multiple -tenant
56
I
development on a lot that fronts on an arterial or collector
2
roadway: 2) does not exceed 2,500 square feet: 3) contains a
3
maximum of 12 seats. 4) excludes a drive -uD. drive- throuLyh, or
4
drive -in facility. and 5) complies with all off - street Darking
5
requirements of Chapter 4, Article V. In addition, the sale of used
6
merchandise is only allowed as accessory to the sale of new
7
merchandise.
8
9
59. Restaurant (Take -Out).
1
11
a. M -1 district. This non - industrial use is allowed within the
12
M -1 district, provided that it 1) is located within a multiple- tenant
13
development on a lot that fronts on an arterial or collector
14
roadway; 2) does not exceed 2,500 square feet: 3) excludes a drive -
15
uD, drive- throuizh, or drive -in facility, and 4) complies with all off -
16
street Darkiniz reauirements of Chapter 4, Article V. In addition,
17
the sale of used merchandise is only allowed as accessory to the
18
sale of new merchandise.
19
20
60. Auto / Car Washes (Polishine, Waxing, Detailins).
21
22
a. C -2 district, C -3 district, C -4 district, and PCD district.
23
Only a fully automated -stvle AUTO / CAR WASH facility is
24
allowed as an accessory use to a GASOLINE STATION. However.
25
conditional use aDDroval is reauired for this comDonent of the
26
establishment.
27
28
b. PID district. Only allowed as an accessory use to an
29
AUTO DEALER, NEW OR USED.
30
31
61. Automobile Rental.
32
33
a. C -3 district. Allowed as an accessory use to
34
AUTOMOTIVE, MINOR REPAIR. Conditional use approval is
35
required. In addition, the following criteria must be met:
36
37
(1) Location. On sites Qreater than 75 acres and
38
only within a separate building in a shopping center.
39
AUTOMOBILE RENTAL is allowed subiect to the followinLy
40
additional conditions:
41
42
(a) The customer service area shall be located
43
within the building being used for an AUTOMOTIVE,
44
MINOR REPAIR.
45
57
(b) No more than 12 automobiles shall be stored
2
on -site for the purpose of rental, and such
3
automobiles shall be stored in marked stalls:
4
5
(c) No fueling or refueling of automobiles shall
6
be permitted on -site.
7
8
b. C -4 district. AUTOMOTIVE, MINOR REPAIR is allowed as
9
an accessory use to AUTOMOBILE RENTAL, provided that the
10
service and maintenance of the fleet vehicles is relegated to the
11
rental operation and not open to the public.
12
13
C. PCD district. Uses listed as conditional uses would be
14
considered permitted uses if the following conditions are met:
15
16
(1) If shown on the originally approved master plan:
17
18
(2) Uses will not be sub iect to the minimum acreage
19
requirements of the C -3 zoning district if the site meets the
20
minimum acreage reauirement for rezoning to PCD: and
- -
21
-
22
(3) All portions of anv building_ dedicated to such use
23
are separated from residentially zoned property by a
24
distance of 200 feet.
25
26
d. MU -L3 district and MU -H district. The indoor storage /
27
disvlav of fleet vehicles are permitted but shall not exceed 10.000
28
square feet. Conditional use approval shall be reauired if all or a
29
portion of the inventory is located within a parking_ garage /
30
structure.
31
32
(1) Access. Shall not be directly from anv major
33
roadway.
34
35
(2) Storage. No outside storage of materials,
36
parts, and vehicles.
37
38
(3) Design. Pursuant to Chapter 4. Article III,
39
Section 3.A.7. overhead doors shall not be visible from anv
0
major roadway frontage.
41
42
62. Automotive, Minor Repair.
43
44
a. C -2 district. AUTOMOTIVE, MINOR REPAIR is allowed as
45
an accessory use to a GASOLINE STATION. Conditional use
46
approval is required for this component of the establishment.
58
1
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
41
42
43
44
45
b. C -3 district.
(1) As an Accessory Use. AUTOMOTIVE. MINOR REPAIR
is allowed as an accessory use to AUTOMOBILE RENTAL.
provided that the service and maintenance of the fleet
vehicles is relegated to the rental operation and not oo_ en to
the public.
(2) As a Principal Use. AUTOMOTIVE. MINOR REPAIR
is allowed as a principal use, provided that it is located on a
lot that is at least five (5) acres. The following restrictions
shall also apply. where applicable:
(a) On sites of greater than five (5) acres and
less than 75 acres, all such uses shall be located in
either a principal building of a shopping center or in
a subordinate, stand -alone building and / or
outparcel within a commercial Master Plan,
provided that the subordinate stand -alone building
and / or outoarcel within a commercial Master Plan
is not located between the principal building and an
adioining riaht- of -wav or between the principal
buildina and abutting residentiallv zoned property.
(b) On sites of greater than 75 acres all such
uses will be allowed to be located in a separate
building in a shopping center. For the purpose of
this section, motor vehicles shall mean only
motorcvcles, mopeds, passenger cars (a motor
vehicle with motive power, except a multipurpose
passenger vehicle or motorcycle, desianed for
carrving 10 persons or less), or multipurpose
passenger vehicles (motor vehicle with motive
power designed to carry 10 persons or less which is
constructed either on a truck chassis or with special
features for occasional off -road operation). All
repair and service of vehicles shall be done within
an enclosed building.
C. C -4 district. AUTOMOTIVE. MINOR REPAIR is allowed as
an accessory use to AUTOMOBILE RENTAL. provided that the
service and maintenance of the fleet vehicles is relegated to the
rental operation and not open to the public.
I
d. PCD district. AUTOMOTIVE. MINOR REPAIR is allowed as
2
an accessory use to AUTOMOBILE RENTAL, Drovided that the
3
service and maintenance of the fleet vehicles is relegated to the
4
rental operation and not open to the Dublic. AUTOMOTIVE, MINOR
5
REPAIR is allowed as a DrinciDal use but conditional use aDDroval is
6
required. Uses listed as conditional uses would be considered
7
permitted uses if the following conditions are met:
8
9
(1) If shown on the originally aDDroved master Dian:
10
11
(2) Uses will not be subiect to the minimum acreage
12
requirements of the C -3 zoning district if the site meets the
13
minimum acreage requirement for rezoning to PCD: and
14
15
(3) All portions of any building dedicated to such use
16
are separated from residentially_ zoned property bv_ a
17
distance of 200 feet.
18
19
e. M -1 district. Excluding the keeping of vehicles in
20
violation of City of Boynton Beach Code or Ordinances, and
21
excluding GASOLINE STATIONS selling motor fuels at retail. Any
22
exterior storage of motor vehicles or boats in a wrecked condition
23
shall be Dermitted only in connection with a lawful DrinciDal use,
24
and shall be adequately_ screened.
25
26
b. PID district. Only allowed as an accessory use to a retail
27
AUTO DEALER, NEW OR USED.
28
29
63. Automotive. Maior Reuair. Excluding the keeping of
30
vehicles in violation of the City of Boynton Beach Code or Ordinances.
31
and excluding GASOLINE STATIONS selling motor fuels at retail. Any
32
exterior storage of motor vehicles or boats in a wrecked condition shall be
33
Dermitted only in connection with a lawful DrinciDal use and shall be
34
adequately screened.
35
36
64. Automotive Window Tinting / Stereo Installation / Alarms.
37
38
a. C -2 district. AUTOMOTIVE WINDOW TINTING / STEREO
39
INSTALLATION / ALARMS is allowed as an accessory use to a
40
GASOLINE STATION: MERCHANDISE, NEW (SUPERCENTER.
41
DISCOUNT, DEPARTMENT, CLUB): or an ELECTRONICS &
42
APPLIANCE STORE. Conditional use aDDroval is required for this
43
component of the establishment.
44
45
b. C -3 district.
46
WE
(1) As an Accessory Use. AUTOMOTIVE WINDOW
2
TINTING / STEREO INSTALLATION / ALARMS is allowed as an
3
accessory use to AUTOMOBILE RENTAL, Drovided that the
4
service and maintenance of the fleet vehicles is relegated to
5
the rental operation and not open to the Dublic.
6
- -
7
(2) As a Principal Use. AUTOMOTIVE WINDOW
8
TINTING / STEREO INSTALLATION / ALARMS is allowed as a
9
principal use. Drovided that it is located on a lot that is at
10
least five (5) acres. The following restrictions shall also
11
aDDly, where aDDlicable:
--
12
13
(a) On sites of greater than five (5) acres and
14
less than 75 acres, all such uses shall be located in
15
either a principal building of a shoDDing center or in
16
a subordinate, stand -alone building and / or
17
outparcel within a commercial Master Plan,
18
provided that the subordinate stand -alone building
19
and / or outparcel within a commercial Master Plan
20
is not located between the principal building and an
21
adioinine right- of -wav or between the principal
22
building and abutting residentially zoned DroDerty.
23
24
(b) On sites of greater than 75 acres all such
25
uses will be allowed to be located in a separate
26
building in a shoDDing center. For the purpose of
27
this section, motor vehicles shall mean onlv
28
motorcycles, mopeds, passenger cars (a motor
29
vehicle with motive Dower, except a multiDurpose
30
Dassenaer vehicle or motorcvcle, designed for
31
carrvine 10 Dersons or less), or multipurpose
32
Dassenger vehicles (motor vehicle with motive
33
power designed to carry 10 Dersons or less which is
34
constructed either on a truck chassis or with special
35
features for occasional off -road operation). All
36
repair and service of vehicles shall be done within
37
an enclosed building_.
38
39
C. C -4 district. AUTOMOTIVE WINDOW TINTING / STEREO
40
INSTALLATION / ALARMS is allowed as an accessory use to
41
AUTOMOBILE RENTAL, Drovided that the service and maintenance
42
of the fleet vehicles is relegated to the rental operation and not
43
open to the Dublic.
44
45
d. PCD district. AUTOMOTIVE WINDOW TINTING / STEREO
46
INSTALLATION / ALARMS is allowed as an accessory use to
IN
AUTOMOBILE RENTAL, provided that the service and maintenance
2
of the fleet vehicles is relegated to the rental operation and not
3
oven to the public. AUTOMOTIVE WINDOW TINTING / STEREO
4
INSTALLATION / ALARMS is allowed as a Drincipal use but
5
conditional use approval is reauired. Uses listed as conditional
6
uses would be considered permitted uses if the following
7
conditions are met:
8
9
(1) If shown on the originally aDDroved master plan:
10
11
(2) Uses will not be subiect to the minimum acreage
12
requirements of the C -3 zoning district if the site meets the
13
minimum acreage requirement for rezoning to PCD: and
14
15
(3) All Dortions of anv building dedicated to such use
16
are separated from residentially zoned DroDertv by a
17
distance of 200 feet.
18
19
e. M -1 district. Excluding the keeping of vehicles in
20
violation of the Citv of Bovnton Beach Code or Ordinances, and
21
excluding GASOLINE STATIONS selling motor fuels at retail. Anv
22
exterior storage of motor vehicles or boats in a wrecked condition
23
shall be Dermitted only in connection with a lawful DrinciDal use
24
and shall be adea_uately screened.
25
26
65. Check Cashing.
27
28
a. C -3 district, C -4 district, and PCD district. CHECK
29
CASHING shall be limited to 5,000 square feet of gross floor area
30
and must be located a minimum distance of 2,400 feet from
31
another such establishment, as measured by direct distance
32
between DroDertv lines. The floor area of an existing CHECK
33
CASHING establishment shall not be expanded in instances where
34
located less than the minimum separation reauirement. All new
35
aDDlications to operate such uses or aDDlications for building
36
permits to exDand such uses shall be accomDanied by an affidavit
37
certifying comDliance with this restriction.
38
39
66. Dry Cleaner.
40
41
a. All districts. Cleaning services are limited to retail
42
customers and includes the alteration and / or repair of clothing.
43
44
b. SMU district, MU -L1 district, MU -L2 district, MU -L3
45
district, and MU -H district. On -site droD -off and pick -up is
46
allowed as a permitted use: however, anv cleaning or laundering
62
1
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
41
42
43
44
45
activities conducted on the premises reauires conditional use
aDDroval, and the floor area of such establishment cannot exceed
2.000 square feet.
67. Funeral Home. A FUNERAL, HOME is allowed as an
accessory use to a CEMETERY.
68. Personal Care (Beauty, Hair. Nails).
a. PUD district, C -2 district, C -3 district, C -4 district,
CBD district. PCD district, all "Mixed Use" districts and PID
district. In these districts, body Piercing and tattooing are
allowed, but only as accessory to a lawful principal use. In the M-
1 district however, such businesses are allowed as a Drincipal use,
but only in accordance with Section 3.D.4 above.
69. Pet Care (BoardinLy and Davcare).
a. All districts. Conditional use aDDlications must include
Provisions for proper care and mitigation of potential impacts on
adiacent ProDerties. PET CARE (BOARDING AND DAYCARE) is
allowed as an accessory use to either a PET CARE (_GROOMING) or
PET CARE (VETERINARY SERVICES) establishment. but it reauires
conditional use aDDroval if it exceeds 25% of the floor area or
2.500 square feet, whichever is less.
b. C -2 district, C -3 district, C -4 district, CBD district
SMU district, MU -L1 district, MU -L2 district, and PID
district. No external kenneling is allowed in these districts,
either as a Drincipal or accessory use.
C. PCD district. No external kenneling is allowed, either as a
DrinciDal or accessory use. Uses listed as conditional uses would
be considered Dermitted uses if the following conditions are met:
(1) If shown on the originally aDvroved master Plan:
(2) Uses will not be subiect to the minimum acreage
requirements of the C -3 zoning district if the site meets the
minimum acreage reauirement for rezoning to PCD; and
(3) All Dortions of any building dedicated to such use
are separated from residentially zoned DroDertv by a
distance of 600 feet.
63
I
d. M -1 district. External kenneling shall onlv be allowed for
2
those establishments located in excess of 600 feet from
3
residentially zoned property. Such uses shall also comply with the
4
requirements of Section 4 -4 of Part II, Chapter 4 of the Code of
5
Ordinances, except that the maximum enclosure size and area
6
standards within 4- 4(b)2.a shall not aDDly.
7
8
70.
Postal / Mail Center.
9
10
a. All districts. Storage of delivery trucks is prohibited.
11
12
b. C -1 district. Allowed as an accessory use to a BUSINESS
13
OR PROFESSIONAL OFFICE OR A MEDICAL OR DENTAL OFFICE.
14
Gross floor area shall not exceed 2.500 square feet.
15
16
C. MU -H district. This use shall be limited to a
17
maximum gross floor area of 2,500 square feet.
18
19
71.
Repair, Rental. & Maintenance of Home / Garden Tools.
20
21
a. C -3 district. Excluding_ exterior disDlav or storage of
22
merchandise.
23
24
b. PCD district. Excluding_ exterior displav or storage of
25
merchandise. The repair and service of merchandise shall be
26
Dermitted as either an accessory or DrinciDal use, for anv_
27
merchandise, which is tvpically sold in the PCD district.
28
29
72.
Hospital. A helioad (also known as a HelistoD) may be
30
allowed as an accessory use to a HOSPITAL establishment, but it shall
31
require conditional use aDDroval.
-
32
33
73.
Business or Professional Office.
34
35
a. "Mixed -Use" districts. This use must be integrated
36
into a mixed -use building or development. It must not 1) occuDv
37
more than 50% of the gross floor area of anv given building or 2)
38
exceed 30% of the gross floor area of the mixed use development.
39
However. this requirement does not include those developments
40
that contain such uses in excess of 100,000 square feet.
41
42
74.
Social Service Agencv.
43
44
a. R -2 district and R -3 district.
45
64
1
(1) Location. Along the followine roadwav tvves
2
as designated in the Citv of Bovnton Beach Comn_ rehensive
3
Plan: Arterials and collectors.
4
5
(2) Size. The maximum building size shall be limited
6
to 2,000 sauare feet (per lot), however. for properties
7
located within the boundaries of the Federal Hiahwav
8
Corridor RedeveloDiment Plan. the maximum building size
9
shall not exceed 5,000 sauare feet.
10
11
(3) Design. Building design shall be consistent
12
with surrounding_ residential stvles.
13
14
(4) Landscaping. A minimum buffer width of five (5)
15
feet and a landscab_ ing barrier shall be reauired for all
16
narking and vehicle use areas, and outdoor recreation areas
17
that abut single - familv residential zoning districts.
18
-
19
75. Adult Entertainment.
20
21
a. Finding of Fact. The Citv acknowledges that nude
22
and exotic dancing and entertainment is an expression protected
23
under the First Amendment of the Constitution of the United
24
States. Such expression communicates a message to the intended
25
audience but shall not be obscene, as defined by the courts. nor
26
involve children. The Supreme Court has upheld local regulations
27
that are not intended to Dreclude such protected expression, but
28
rather to Drevent the harmful side effects known as "secondary
29
effects." Based on various reports, studies, and iudicial opinions
30
generated throughout the countrv, including within the State of
31
Florida, the Citv of Bovnton Beach finds it in the interest of health.
32
safety, Deace. DroDerty values, and general welfare of the DeoDle
33
and businesses of the Citv of Bovnton Beach to regulate said
34
businesses to control the secondary effects associated with them.
35
Secondary effects have been Droven to include, in Dart, increased
36
criminal activities. moral degradation, depreciation of nroDerty
37
value, and harm to the economic welfare of the community as a
38
whole.
39
40
By limiting the location and concentration of such uses, by limiting
41
the Droximitv of such uses to Dlaces of residence and Dublic
42
gathering, and by restricting the sale of alcohol within or nearbv
43
said establishments, the secondary effects referenced above will be
44
avoided or minimized. Also contributing to the control of
45
secondary effects are restrictions on ooerational characteristics,
46
including the interaction between nude or Dartially nude
65
entertainers, and patrons, customers, other emDlovees and
2
entertainers, given the threat thev represent to the health of others
3
through the spread of communicable and social disease.
4
Reauirements regarding buffers and stag_ a designs are intended to
5
protect Dublic health while preserving the forms of expression
6
intended by the Drotected nude and exotic entertainment.
7
8
b. Terms and Definitions. See Chapter 1, Article II for
9
all terms and definitions (e.g.. Alcoholic Beverage Establishment;
0
Nudity; Partial Nudity) pertaining to ADULT ENTERTAINMENT
I 1
establishments.
12
13
C. All districts. In addition to the reauirements of the
14
underlving zoning district, other aoDlicable general regulations.
15
Countv licensing reauirements, and Section 3 -6 of Part 11 Citv
16
Code of Ordinances, the following reauirements shall aDOly to
17
ADULT ENTERTAINMENT establishments:
18
19
(1) No ADULT ENTERTAINMENT establishment shall be
20
located closer than 750 feet from anv other adult
21
entertainment establishment measured from lot boundary to
22
lot boundary a straight airline route. except when the
23
proDerty containing the ADULT ENTERTAINMENT
24
establishment is separated from the above use by the I -95
25
right -of -wav and CSX rights -of -way. or the Boynton (C-
26
16) Canal right -of -way.
27
28
(2) No ADULT ENTERTAINMENT establishment shall be
29
located closer than 750 feet from any CHURCH use (house
30
of worship); residential zoning district (including a mixed -
31
use district containing a residential component or a mixed -
32
use Dod of a Planned Industrial Development): Public
33
Usage (PU) district; recreation district except where the
34
subiect oroDerty is a Dreserved natural area not accessible
35
to the general Dublic; or schools measured from lot
36
boundary lot boundary along a straight airline route.
37
except when the DroDerty containing the adult
38
entertainment establishment is separated from the above
39
uses by the 1 -95 and CSX Railroad rights -of -wav, or the
40
Bovnton (C -16) Canal right -of -way.
41
42
76. Artist Studio.
43
44
a. C -3 district, C -4 district. CBD district. PCD district.
45
and all "Mixed Use" districts. The fabrication, bending,
46
welding. assembly, or Drocessing of anv heavy metal. wood.
..
I
plastic, or similar products shall only be allowed for establishments
2
located within the M -1 district.
3
4
77. Entertainment. Indoor.
5
6
a. C -2 district. Limited to Amusement Arcades and shall be
7
only allowed in a shoDDina center located on an arterial roadway.
8
9
b. M -1 district. Limited to indoor alayaround / D_ lav centers
10
and Amusement Arcades only.
11
12
78. Entertainment, Outdoor.
13
14
a. C -3 district and PCD district. Must be at least 1.000
15
feet from a residential use.
16
17
79. Marina, including Yacht Club.
18
19
a. All districts. MARINAS, INCLUDING YACHT CLUBS are
20
limited to the following uses: mooring and docking of Drivate
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Dleasure craft: sale of fuels and lubricants. occuDancv of Private
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craft as living quarters Drovided that such craft are connected to
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Public sewer facilities: operation of drift and Charter fishing boats
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and sightseeing boats: bait and tackle shops.
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b. IPUD district.Private marinas, as a DrinciDal uses, reauires
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the following:
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(1) Minimum Lot Area: Four (4) acres.
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(2) Minimum Lot Frontage: 150 feet and
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minimum average width of 200 feet.
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(3) Maximum Height: 45 feet.
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(4) Principal land uses may include boat and yacht
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clubs, and Drivate or Dublic marinas (see Chapter 1, Article
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II Definitions) contingent upon being located within an area
39
identified with the "Preferred" siting designation by the
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2007 Palm Beach County Manatee Protection Plan.
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However maior repairs and boatels, or residing on boats.
42
shall be Drohibited in the IPUD district. Additionally. all
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sale or minor repair of boats. or components thereof, shall
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only occur within a fully enclosed structure except as
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otherwise allowed by paragraph #6 below. The above
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noted principal uses, when combined with residential uses,
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in which the residential component occupies 25% or more
2
of the total land area, shall be considered permitted uses,
3
otherwise such marine uses shall rea_uire conditional use
4
approval.
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(5) Boatels and the residing on boats shall be prohibited
7
within the IPUD district, except that temporary stays shall
8
be allowed for a maximum of three (3) nights within a 12-
9
month period.
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(6) The following uses shall be allowed as accessory to
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one of the principal marine uses described above: boat
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brokerages, shin's stores, tackle shops, maritime museums
14
or other related educational uses. restaurants, boat ramp_ s,
15
and other launching facilities.
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(7) Marine- oriented and water dependent uses shall
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meet all the requirements of Section 3.C.5 above, except
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for subparagraph "a" in that a MARINA may be the sole
20
,principal use of a proiect and is not required as a
21
component of a mixed -use development containing
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dwelling_ units.
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(8) No outdoor drv_ storing or stacking of boats or other
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related items shall be allowed, except that outdoor displays
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are allowed for sales nuraoses as lone as the boats are
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restricted to ground level display. are not visible from
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abutting rights- of -wav or residential properties, and are not
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placed within landscape areas or reauired parking_ spaces,
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(9) Wash down and other post -use servicing shall be
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done within the dry storage building or within an enclosed
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structure (e.g.. three -sided and roofed) designed and
34
oriented to minimize external impacts.
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(10) Water used for flushing and other cleaning activities
37
shall be properly pretreated prior to discharge into the
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stormwater system. and conservation measures shall be
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considered to facilitate reclamation /recvcline.
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01) No outdoor sneakers shall be allowed other than for
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low volume music that is not audible off -site.
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(12) In addition to adhering to the Citv's sound
45
regulations, no eauipment, machines, or tools shall be used
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between the hours of 8:00 a.m. and 6:00 p.m. that generates
2
noise unia_ue to a residential neighborhood.
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(13) See Chanter 4. Article III. Section 3.G.6 for
5
additional design regulations for commercial buildings and
6
boat storage facilities.
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(14) Landscaping above and bevond the regulations cited
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elsewhere in this code shall be reauired for all non -
10
residential buildings in excess of 40.000 sauare feet, in
1 I
order to reduce the perceived scale and massing of such
12
buildings.
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(15) The width of the foundation planting areas visible
15
from streets or residential properties shall be 50% of the
16
facade height. The applicant may submit an alternate
17
planting plan that depicts the required screening /softening
18
of the large building facades, however in no instance shall
19
the planting area be less than 12 feet in width.
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(16) The height of the plant material shall be in relation
22
to the height of the adiacent facade or wall. Further, the
23
height of 50% of the reauired trees or halms shall be a
24
minimum of two- thirds (2/3) of the height of the building.
25
One (1) canopv tree or a cluster of three (3) palm trees shall
26
be installed within the foundation planting_ area every 20
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feet on center along each facade visible from streets or
28
residential properties. Canopv and palm trees shall be
29
distributed along the entire facade where foundation
30
landscaping areas are reauired, with understory plant
31
material arranged in the areas between the low growing
32
shrubs and tree or palm canopies. The applicant may
33
submit an alternate planting plan that depicts the
34
rearrangement of plant material in order not to interfere
35
with reauired building_ enhances discussed herein.
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(22) A perimeter landscape barrier shall be reauired
38
between incompatible uses and /or zoning districts; or
39
where there are differences in density, intensity, or building
40
heights or mass: or for those certain uses requiring
41
additional screening in order to shield outdoor storage or
42
operations. The barrier shall consist of a decorative buffer
43
wall of at least six (6) feet in height, in addition to a varietv
44
of denselv planted trees, hedges and shrubs. In areas where
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sufficient width is provided or staff determines additional
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buffering is warranted, a berm may be rea_uired in addition
to the above regulations.
(18) The aDDlicant shall demonstrate through site design
and buffering how sound associated with the non-
residential components of the Droiect will be mitigated.
80. Rentals. Recreational (Bicvcles. Canoes, Personal Watercraft).
a. MU -L1 district. MU -L2 district, and MU -L3 district.
Indoor storage / disDlav only and shall not exceed 10.000
square feet.
81. Sightseeing & Scenic Tours.
a. All districts. Vehicles used in SUDDort of the operation
that are of a size in excess of a standard Darking stall shall be
stored in a zoning district where outdoor storage of vehicles is
allowed.
b. CBD district, MU -L1 district, MU -L2 district, MU -L3
district, and MU -H district. Sightseeing boats are allowed in
conjunction with a MARINA. INCLUDING YACHT CLUB.
82. Theater. All outdoor stvle theaters (i.e. band shell.
amDhitheater) reauire conditional use aDDroval.
83. Cemeterv.
a. C -1 district, C -2 district, C -3 district, C -4 district, PCD
district, MU -L1 district, MU -L2 district, and MU -L3 district.
On parcels 10 acres or greater, a CEMETERY may be
allowed as an accessory use to a FUNERAL HOME establishment.
84. Church.
a. R -1 -AAB district. R -1 -AA district, R -1 -A district, and
R -1 district. Expansions and improvements to, and
redevelopment of pre- existing_ places of worship that do not meet
the minimum lot standards of the zoning district, or the other
reauirements of Section 3.D.33 above shall be allowed in
accordance with the following reauirements:
(1) Improvements shall onlv be allowed if the subiect
DroDertv was under Drover ownership Drior to the adoption
0
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of these regulations. Ownership shall be based on the
2
records of the Countv Propertv Appraiser's Office.
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4
(2) Rights -of -wav for vrimary access shall be adequate
5
and improved in accordance with (Engineering Design
6
Handbook and Construction Standards);
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8
(3) The size of building improvements shall be allowed
9
up to a maximum of 100% of the pre- existing_ area.
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(4) Expansions that would increase operational space or
12
capacity, shall reauire that all existing narking areas and
13
related landscaping meet the reauirements of the Citv's
14
land development Regulations.
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(5) Parking. Pro iects eligible for parking space
17
reductions of the MLK Overlav District, shall be reauired
18
to meet a minimum of 75% of the spaces required under
19
Chapter 4. Article V. Section 3.D.
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(6) Non - conforming and blighted conditions.
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Expansions that increase operational space or
23
capacity shall reauire improvements to all existing facilities
24
to raise them to a similar appearance level as the proposed
25
improvement and additions. Sidewalks shall be added
26
where partially_ or totallv absent along the boundary of the
27
sub iect use. This reauirement shall apply to all parcels
28
used to the support the principal use, including those lots
29
that abut the principal lot or that are separated from the
30
principal lot by other properties or rights -of -way.
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32
(7) Design. Additions or new facilities shall be
33
designed to be compatible with its surroundings and / or
34
adopted communitv redevelopment plan to further the
35
historic and architectural character of the neighborhood.
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(8) No newly proposed nhvsical improvements other
38
than a wall / fence or landscaping shall be placed closer
39
than 30 feet from a parcel containing or zoned for a single -
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family residence.
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(9) Anv outdoor plav areas shall be located a minimum
43
of 30 feet from a parcel containing or zoned for single -
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family_ residence.
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(10) The foregoing conditions shall also apply to anv
repairs or reconstruction required due to damage from fire,
a maior storm event, or other natural occurrence.
b. R -2 district and R -3 district.
(1) Separation. Distances between residential
properties and outdoor May areas shall be maximized.
(2) Landscaping. A minimum buffer width of five (5)
feet and a landscaping barrier shall be reauired for all
parking and vehicle use areas, and outdoor recreation areas
that abut single - familv residential zoning districts.
85. Community Facilities.
a. All districts. All buildings and properties that are citv
owned and / or operated and engaged in the performance of a
public function may be permitted in anv district as defined herein.
However. this excludes storage, maintenance, and treatment
facilities as a Drincipal use and uses that have extensive storage.
maintenance, or treatment facilities on -site.
b. Ocean Avenue Overlav Zone. Where located within
the OAOZ, communitv facilities, excluding Dublic Darkine, shall
be restricted to the area of Ocean Avenue between Seacrest
Boulevard and Northeast 1 st Street.
86. Essential Services. ESSENTIAL SERVICES such as electric
substations, switching stations. utilitv facilities, and the like are allowable
in all zoning districts subiect to full site Wan review as described in
Chapter 2. Article I1 and subiect to screening on all sides with walls or
acceptable landscaping as described in Chapter 4. Article 11.
87. Dav Care.
a. R -1 -AAB district, R -1 -AA district, R -1 -A district, R -1
district, and PUD district. The following aDplies to facilities to
be located within zoning districts limited to single familv homes:
(1) Design. Building design shall be consistent
with surrounding residential stvles in accordance with
Chapter 4. Article I11. Section 3.G.7.
(2) Lot Size. A minimum of one -half (0.5) acre.
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(3) Separation. Minimum separation requirement
between DAYCARES shall be 2.400 feet (this distance
separation requirement should not aDDly to davcare uses
limited to specific groups such as CHURCH members. and
should not be intended to place restrictive limits on the
expansion / improvement of those uses existing prior to
codification.
b. R -2 district and R -3 district.
(1) Location. Along the following roadwav tvDes
as designated in the City of Bovnton Beach Comprehensive
Plan: arterials and collectors:
(a) Lot size. One (1) acre:
(b) LandscaDing. A minimum buffer width of
five (5) feet and a landscaDing barrier shall be
reauired for all Darkina and vehicle use areas. and
outdoor recreation areas that abut residential zoning
districts. Distances between outdoor Dlav areas
shall be maximized:
(c) Design. Building design shall be
consistent with surrounding residential stvles in
accordance with Chapter 4. Article III. Section
3.G.7.
(d) Separation. Minimum separation
reauirement between DAY CARES shall be 2.400 feet
(this distance separation requirement should not
aDDly to davcare uses limited to specific groups
such as CHURCH members. and should not be
intended to Dlace restrictive limits on the expansion
/ improvement of those uses existing Drior to
codification.
C. PCD district. Uses listed as conditional uses would be
considered Dermitted uses if the following conditions are met:
(1) If shown on the originally aDDroved master elan:
(2) Uses will not be subiect to the minimum acreage
reauirements of the C -3 zoning district if the site meets the
minimum acreage reauirement for rezoning to PCD: and
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(3) All portions of any building dedicated to such use
2
are separated from residentially zoned property by a
3
distance of 200 feet.
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5
88. Stone Cutting & Finishing. Conditional use approval
6
shall be reauired if located within 200 feet of a residential zoning
7
or a Mixed Use Pod of a PID.
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9
89. Storage, Boats / Motor / Recreational Vehicles.
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a. CBD district, MU -L2 district, MU -L3 district, and MU-
12
H district. The wet storage of boats is allowed as an accessory
13
use to a MARINA, INCLUDING YACHT CLUB. The dry storage of
14
boats shall be prohibited.
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b. M -1 district. No exterior storage of boats, motor, or
17
recreational vehicles in a wrecked condition shall be permitted.
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(1) Landscaping. All exterior (temporarv) storage of
20
fleet vehicles shall be adea_uateiv screened. Additional
21
buffering may be reauired as recommended by the Director
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of Planning & Zoning to ensure compatibility.
- - -
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(2) Lighting. If a facility abuts a residential zone,
25
outdoor lighting fixtures shall be no more than 20 feet in
26
height and shall be shielded away from residential property.
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90. Storage, Self- Service.
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30
a. All districts. All self - storage facility uses shall comply
31
with the following_ :
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33
(1) Rental facility office. A maximum of 1,000 square
34
feet of the rental office may be devoted to the rental and /
35
or sale of retail items used for moving and storage and
36
including, but not limited to carton, tape and packing
37
materials.
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(2) Security auarters. A single residential unit for
40
security pumoses. not to exceed 1,200 square feet may be
41
established on the site of a SELF- SERVICE STORAGE facility
42
provided that said facilities is at least 30.000 square feet.
43
This dwelling unit shall be considered a limited exception
44
to the general prohibition of residential uses in industrial
45
zones. The security auarters may continue only so long as
46
the SELF - SERVICE STORAGE facility remains active. The
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securitv quarters shall be for the exclusive use of, and shall
2
be occupied onlv by a guard, custodian, caretaker. owner,
3
manager, or employee of the owner of the facility, and
4
resbective family.
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6
(3) Use of bays. The use of storage bays shall be
7
limited to dead storage of household goods. personal
8
propertv, or records for commercial businesses. Storage
9
bays shall not be used to manufacture. fabricate or process
10
goods: service or rep_ air vehicles, boats. small engines or
11
electrical eauipment. or to conduct similar repair activities:
12
conduct garage sales or retail sales of anv kind: or conduct
13
anv other commercial or industrial activitv. Individual
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storage bays or private postal boxes within a SELF - SERVICE
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STORAGE facility shall not be considered a premises for the
16
purpose of assigning_ a legal address in order to obtain
17
approval or other governmental permit or license to
18
conduct business. Other prohibited uses include storage,
19
sale, salvage, transfer, or disposal of iunk, scrap, garbage,
20
offal, refuse. or other waste materials. Further:
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22
(a) The maximum size of a storage bav shall be
23
limited to 450 square feet.
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(b) Storage bav doors shall not face anv
26
abutting propertv that is residentially zoned or anv_
27
public or private right -of -way.
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(c) Lighting_ . If a facilitv abuts a residential
30
zone, outdoor lighting fixtures shall be no more
31
than 20 feet in height and shall be shielded awav
32
from residential propertv.
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(d) Loudspeakers. No exterior loudspeakers or
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paging equipment shall be permitted on site.
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(e) Design. For all SELF - SERVICE
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STORAGE facilities adiacent to or visible from anv
39
right -of -way, the following_ shall ap_ plv:
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(i) The exterior colors, facades,
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windows, roof and building materials of all
43
structures located onsite shall be compatible
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with the character of or vision for the
45
surrounding area. SELF - SERVICE STORAGE
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facilities shall incort) orate design elements
2
to achieve the effect of office structures.
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4
(ii) All facades viewable from rights -of-
5
wav shall provide varietv and interest.
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These facades shall not exceed 50 feet in
7
length without visual relief by means of a
8
vertical reveal at least one (1) foot in death
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and 10 feet in width. a perceptible change in
10
wall angle, or a corner. Other design
11
attributes shall include. roof slope and
12
materials, windows, awnings. fencing and
13
other aesthetic elements.
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(f) Refuse. Dumpsters and trash
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receptacles shall be screened from view of adjacent
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lots and streets.
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(g) Exterior Storage.
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(i) Vehicles shall not be stored within
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the area set aside for minimum building
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setbacks or in areas designated for
24
landscaping buffering purposes.
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(ii) Pleasure boats stored on site shall be
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placed and maintained upon wheeled
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trailers. No dry stacking shall be permitted
29
on -site.
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(iii) The outside storage area shall be
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constructed with a dust -free surface.
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b. Multi- Access Self- Storage Facilities. In addition to
35
the general standards above, multi- access self - service storage
36
facilities shall comp_ lv with the following regulations:
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(1) Lot size. The minimum lot size for a multi -
39
access self - storage facilitv shall be two (2) acres.
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(2) Circulation. The following on -site circulation
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standards shall annly:
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(a) Interior: Interior loading areas shall be
45
provided in the form of aisleways adiacent to the
46
storage bays. These aisle ways shall be used both
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for circulation and temporary customer narking
2
while using storage units. The minimum width of
3
these aisleways shall be 25 feet if only one -wav
4
traffic is permitted, and 30 feet if two -wav traffic is
5
permitted. A minimum width of 12 feet between
6
aisleways will be rea_uired when utilized for outdoor
7
storage.
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(b) Flow: The one or two -wav traffic flow
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patterns in aisle ways shall be clearly marked.
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Marking_ s shall consist of standard directional
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signage and painted lane markings with arrows.
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(c) Access: Appropriate access and circulation
15
by vehicles and emergency eauipment shall be
16
ensured through the design of internal turning_ of
17
aisle ways.
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(3) Height. Limited access and combination
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multi- access and limited- access SELF - SERVICE STORAGE
21
facilities shall conform to the maximum height for that
22
district. The maximum height for multi- access SELF -
23
SERVICE STORAGE facilities shall not exceed 25 feet. These
24
heights will include anv screening reauired to conceal air -
25
conditioning or anv_ other mechanical eauipment.
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C. Limited Access Self- Storase Facilities. In addition to
28
the general standards above. limited- access self - storage facilities
29
shall comply with the following regulations:
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(1) Lot size. The minimum lot size for a limited
32
access self - storage facility shall be one (1) acre.
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(2) Loading.
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(a) Each entry point used to access hallways
37
leading to the storage bays shall accommodate a
38
minimum of two loading berths and related
39
maneuvering_ area.
41
(b) The loading areas shall not interfere with the
42
primary circulation system on site.
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(3) Circulation. The following on -site circulation
45
standard shall apply:
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(a) Interior. If a minimum 20 feet
accesswav is provided adiacent to the building and
serves no other use except the self - service storage
facility, then the loading area may be established
parallel and adiacent to the building. It will be
required to satisfv current regulations for drivewav
accessibilitv dependent on one -wav or two -wav
traffic.
(i) One -wav: 25 feet.
(ii) Two -wav: 30 feet.
d. SMU district. MU -L1 district, MU -L2 district. and MU-
L3 district. Onlv limited- access SELF - SERVICE STORAGE facilities
are allowed within mixed -use districts. Multi- access SELF -
SERVICE STORAGE facilities are prohibited.
(1) Location. Permitted onlv on lots fronting on
maior arterial roadways. Retail uses unrelated to the
storage business are relegated to the ground -floor. Street
frontages of the ground floor area shall be devoted to one
or more principal retail and office uses, not related to the
self - storage use, to a depth of at least 20 feet.
(2) Driveways. Access to the SELF - SERVICE
STORAGE use portion of the structure shall not be from / to
an arterial roadwav and must be screened from public
rights -of -way.
(3) Design. Buildings shall be designed to have
the appearance of a multi -story retail, office, and / or
residential structure through the use of windows, shutters,_
and appropriate building elements on the upper floors.
..............
-1 district.
(1) Buffers. All perimeter buffers adiacent to
residentiallv -zoned propertv shall contain a continuous wall
or hedge and trees. installed no less than 25 feet on- center.
(2) Exterior Storage. In connection with a SELF-
SERVICE STORAGE facility, open storage of boats, motor, or
recreational vehicles of the tvpe customarily maintained by
private individuals for their personal use and commercial
vehicles shall be permitted provided the following:
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(a) The outdoor storage area shall not exceed
40% of the area of the site.
(b) Outdoor storage areas shall be entirelv
screened from public and private rights- of -wav and
non - industrial nroverties. Screening materials shall
be coma_ rised of a buffer wall. eight (8) feet in
height. or by the moiect's principal and / or
accessory building(s) or a combination thereof.
Trees. installed no less than 25 feet on- center. in
coniunction with shrubs and / or other foundation
plantings, shall be placed on the outside of the
buffer wall. within a landscaping stria of at least
five (5) feet in width. The shrubs and foundation
plantings shall be at least four (4) feet in height at
the time of installation. However, their inclusion
may be waived by the Director of Planning and
Zoning if determined to be unnecessarv.
91. Boat Repair.
a. Landscapine. All exterior (temporarv) storage shall be
adequately screened. Additional buffering may be reauired as
recommended by the Director of Planning & Zoning to ensure
compatibility.
b. M -1 district. No exterior storage of boats in a wrecked
condition or the dry stacking of anv boats shall be permitted.
92. Carpet and Unholstery Cleaning Services. Permitted off -
site onlv.
93. Contractor.
a. Refuse. Dumnsters and trash receptacles shall be
screened from view of adiacent lots and streets.
b. C -4 district.
(1) Location. This use is allowed within the C -4
district but it shall not be located on a lot that fronts on an
arterial roadway.
(2) Use(s) Allowed.
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(a) Office and showroom onlv as a permitted
2
use.
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4
(b) CONTRACTORS' outdoor storage and
5
workshop shall reauire conditional use approval if
6
located within 200 feet of a residential zoning
7
district.
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9
C. M -1 district. CONTRACTORS' outdoor storage and
10
workshop shall reauire conditional use approval if located within
11
200 feet of a residential zoning district.
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13
94. Lawn Maintenance & Landscaping Service.
14
15
a. Refuse. Dumpsters and trash recep_ tacles shall be
16
screened from view of adjacent lots and streets.
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18
b. C -4 district.
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(1) Location. This use is allowed within the C -4
21
district, but it shall not be located on a lot that fronts on an
22
arterial roadway.
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(2) Use(s) Allowed.
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(a) Office and showroom only as a permitted
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use.
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(b) Outdoor storage and workshop shall reauire
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conditional use approval if located within 200 feet
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of a residential zoning district.
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95. Radio & TV Broadcasting. Refer to the Wireless
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Communication Facilities section in Chapter 3. Article V (Supplemental
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Regulations) of the Land Development Regulations.
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96. Research & Development. Scientific / Technoloeical.
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Excluding treatment, storage. or processing of human or animal bodies or
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body parts. Medical or scientific research which involves the use.
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treatment, storage, or processing of human or animal bodies or body Darts
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would reauire conditional use aDDroval.
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97. Sewer / Septic & Waste Memt Cleanine. This use excludes the
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storage, treatment, transfer, dumb_ ing_, or disposal of waste on- Dremises.
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98. Taxi. Limo, Charter Bus.
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a. C -2 district, C -3 district, C -4 district, CBD district, and
PCD district. Office only: Fleet vehicles shall be stored in a
zoning district where STORAGE, BOATS, / MOTOR / RECREATIONAL
VEHICLES is allowed.
b. M -1 district. No exterior (temporarv) storage of fleet
vehicles in a wrecked condition shall be permitted. In addition, the
following shall aDDly:
(1) Landscaping. All exterior (temnorarv) storage of
fleet vehicles shall be adecivately screened. Additional
buffering may be reauired as recommended by the Director
of Planning & Zoning to ensure compatibility.
(2) Lighting. If a facilitv abuts a residential zone.
outdoor lighting fixtures shall be no more than 20 feet in
height and shall be shielded awav from residential Dropertv.
(3) Loudspeakers. No exterior loudspeakers or Daging
eauinment shall be permitted on site.
99. Communitv Garden.
a. All Districts.
(1) Setbacks. The cultivation area shall be setback
or designed (planted) a minimum distance so as to not
violate anv cross - visibilitv reauirements and safe -sight
standards reauired near vehicular use areas.
(2) Design. Walkways shall be unpaved except
as necessary to meet the needs of individuals with
disabilities.
(3) Parkine_ . Community gardens shall be exempt
from the off - street parking requirements of Chapter 4,
Article V Minimum Off - Street Parking Reauirements. No
vehicles, including harvesting machinery shall be stored on
the subiect Dropertv or within the abutting right- of -way.
except that such vehicles may be on the DroDertv as
necessary for completion of grading Derformed in
accordance with a land development Dermit. See Chanter,
2, Article III, Section 3 for the regulations Dertainine to the
land development permit.
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1
(4) Hours of Operation. No activitv shall be
2
conducted on -site between the hours of 9 p.m. and 7 a.m.
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(5) Exterior Lighting. No temnorary or permanent
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exterior lighting shall be used bevond the lawful hours of
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operation.
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(6) Walls and Fences. Walls and fences shall be
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allowed and regulated in accordance with Chapter 3.
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Article V. Section 2.
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(7) Open Burning. The open burning of
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neighborhood gardens shall be prohibited. See Part II Citv
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Code of Ordinances. Chapter 9, Article 1I. Section 9 -18 for
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the restrictions on open burning.
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(8) Signag_ e. Pursuant to Chapter 4, Article IV.
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Section I.E. a non - illuminated sign with noncommercial
19
copy is allowed, provided that it does not exceed three (3)
20
square feet in area. If proposed as a freestanding structure,
21
the sign shall not be greater than four (4) feet in height and
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must be located at least 10 feet from anv propertv line.
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(9) Grading and Ground Elevation. The subiect
25
site shall not be excavated, graded, dredged, or filled to the
26
extent that it would change existing drainage patterns or
27
cause rainwater to outfall onto abutting properties or rights-
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of-way. -
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b. Residential Districts.
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(1) IPUD district, PUD district. and MHP district.
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A communitv garden shall onlv be allowed on lands
34
considered common area by the homeowners or nropertv
35
owners' association or upon lots that are owned by such
36
association.
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(2) Lot Size. The maximum lot size shall not
39
exceed one -half (0.5) acre.
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(3) Freestanding Structures and Site Amenities. No
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freestanding structures or site amenities allowed under
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Chapter 3. Article V. Section 3 (e.g.. sheds and storage
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containers. generators and fuel tanks, compost bins and
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tumblers, agricultural structures) shall be allowed.
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(4) Seed and Fertilizer. No seed or fertilizer shall be
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stored on -site.
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(5) Abnroval Process. A communitv garden shall
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require the approval of a zoning permit in accordance with
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Chan_ ter 2. Article II. Section 5.13.
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C. All Commercial and Mixed -Use Districts.
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(1) Lot Size. The maximum lot size shall not
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exceed one (1) acre.
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(2) Separation. A communitv garden shall be
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separated from another communitv garden by a minimum
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of 1.000 feet.
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(3) Freestanding Structures and Site Amenities.
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Freestanding structures and site amenities. including
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but not limited to sheds and storage containers. generators
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and fuel tanks. compost bins and tumblers. or agricultural
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structures are allowed. provided that thev are installed.
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placed, erected. or constructed in accordance with the
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respective provisions of Chap_ ter 3. Article V. Section 3.
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(4) Lot Coverage. The ground area of all freestanding
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structures and site amenities allowed under Chapter 3.
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Article V. Section 3 that are installed. placed, erected. or
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constructed shall count towards lot coverage. and all of
29
these. including orincioal structures. shall not exceed the
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maximum allowed by the respective zoning district.
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(5) Approval Process. A communitv garden shall
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require the approval of a zoning permit in accordance with
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Chapter 2. Article 11. Section 5.13. However. those
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containing storage and / or agricultural structures greater
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than 100 square feet as provided for in the Supplemental
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Regulations (Chapter 3. Article V. Section 3) shall require
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approval of conditional use and site plan applications in
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accordance with Chanter 2. Article 11. Section 2.
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(6) Retail Sales. The on -site sale of fruits. vegetables.
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nuts. or herbs harvested on -site is allowed. but onlv in
43
connection with the approval of a special event hermit.
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Anv temporary farm stand used during the special event
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period shall be no larger than 72 square feet and seven (7)
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feet in height. No fruits. vegetables. nuts. or herbs
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harvested off -site or anv products produced off -site shall be
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brousht to the subiect property and sold on -site.
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Section 4.
Conditional Uses.
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A.
Applicability...
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B.
Definition...
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C.
Standards for Evaluating Conditional Uses...
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1...
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13. Required sound study and analysis. All conditional
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use applications for bars, nightclubs and similar
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establishments shall include the following analysis
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performed by a certified acoustic engineer, unless a Live
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Entertainment Permit is applied for and received in
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accordance with Chapter 13. Article III "Live
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Entertainment Permit" (13 -80):
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a...
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b...
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c...
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d...
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Section 5.
Non- conforming Uses.
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A.
Definition. See Chapter 1, Article II. Definitions.
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B.
Existing Uses.
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1. General. Any lawful use of land or structures
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existing on the effective date of the adoption or amendment
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of these zoning regulations, but which would become a
34
nonconforming use under the terms of these regulations or
35
future amendments hereto, shall be permitted to continue,
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subject to the provisions of this section pertaining to its
37
extension, alteration, reconstruction, Business Tax renewal,
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discontinuance or change.
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0
Any use or structure in lawful existence at the time of
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adoption or amendment of these zoning regulations which
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would thereafter require a conditional use approval under
43
its provisions shall be construed to be a nonconforming use.
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Such uses or structures may become conforming upon
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application, review, and approval as a conditional use
46
according to the procedures and standards set forth in these
I zoning regulations for conditional use approvals. However,
2 if approval of a conditional use is not granted for such use
3 or structure, then it shall continue to be construed as
4 nonconforming. Any enlargement, increase, extension, or
5 intensification of a use or structure would require such
6 approval as if it were a new use or structure. Any alteration
7 or movement of such use which the development director
8 finds does not enlarge, increase, extend, or intensify the
9 use, shall not require conditional use approval, but shall
10 conform to all other applicable provisions contained in the
11 Boynton Beach Land Development Regulations.
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2. Exclusions (Ordinance 12 -010). Anv legally
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conforming_ use with previous Citv approval or in
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possession of an active Business Tax Receipt and /or
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Certificate of Use at the time of this ordinance. but no
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longer listed as permitted or conditional in the zoning
18
district in which it is located pursuant to Ordinance 12 -010
19
shall continue to be considered conforming to the extent
20
that it may expand business operations and/or associated
21
building by up to 20 %. provided it does not expand onto an
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abutting lot. This same provision shall apply_ to the Land
23
Use Options) of individual lots depicted on the Ouantum
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Park Master Site Development Plan.
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C.
Non - Conforming Use Limitations...
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D.
Change of Use...
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E.
Discontinuance...
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F.
Non - Conforming Lots / Structures...
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Section 7.
Penalties...
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