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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. Document in Windows Internet Explorer 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 All prior ordinances or resolutions or parts thereof in conflict herewith are 6 hereby repealed to the extent of such conflict. 7 Section 4.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 Document in Windows Internet Explorer I i 1 SECOND AND FINAL READING ADOPTED this I'? day of Jccnr, , 2012. 2 3 4 5 6 8 9 10 11 12 13 14 15 16 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. 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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 38 39 This space intentionally left blank— see nextpage. 40 2 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 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. 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I , n o 1 Ul m r- 11.1 Ul m 11 i - 1- A U I MI I a.12 ;6�2 ui MI L-1 upj R-1-AAB -m I ml 1 . - 21 gl � �o .1 U1 II Ul m mi . . . ....... ............ Q it E 42 L6 -a - a z, 0 r- bf 0 1j U 0 0 0 01 U U1 151 . ............ o ......... .. . . w 0. . .... . a . ) .. n c , n , En - I- , L) ula ul-I ul-I ulml IPUD ® 3 ® 2 R-1 R-I-A R-1 -AA R-1 -AAB 48 4- tg E r m 0 o r- 'r 4 Z > OJ -0 M m u -- --------- r — ---------------- - �— RE—C IT 40 1 PU �ID aIN1 2.19 cql 0 .1 NI 0 .s N1001 alN alN1 -9 "4 1 am M- I - 1 0-1 �21 ca-1 1-11 a4 NI W 1 W NI AJ - "I i 0.1 " m I C1.1 ------ ------ MU-H I I MU-L I smu am , NO, C CC ®3 If C-2 MHP RM II IZ I 0 IPUD R-3 ® 2 ® l R-1-A R- I -AA R-1-AAB =1 15 0 V ai 00 S W [It mo 2 :L s E bi bi E rn MU-L2 MU-LI smu br EC An CBD . 11 O CL, W tl C-4 C ® 3 X! R-3 R-2 R-1 um R-J-AAB Owl 0 " 11 0.15111 P.1 of 0.1 oltl M C'n br ed An . 11 O CL, W M C'n br ed . 11 CL, W oj U Z) LIS vo U . . ............... M C'n M MU-H ,w C� 011 MU-L3 -1- argil MU-L2 &1 MU-LI I& I smu PCD Wall ON CBD C-4 iC pie c ® 3 a, ml ® 2 CC ® 1 NMP PUD Awl& ID ai SmIl ® 3 A.11311 ®2 Mm all R-I all R-I-A r-n ti P" ti Q.q R- I -AA almf -1- argil aid pie v r-n ti P" ti Q.q 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 21 Dleasure craft: sale of fuels and lubricants. occuDancv of Private 22 craft as living quarters Drovided that such craft are connected to 23 Public sewer facilities: operation of drift and Charter fishing boats 24 and sightseeing boats: bait and tackle shops. - - 25 26 b. IPUD district.Private marinas, as a DrinciDal uses, reauires 27 the following: 28 29 (1) Minimum Lot Area: Four (4) acres. 30 31 (2) Minimum Lot Frontage: 150 feet and 32 minimum average width of 200 feet. 33 34 (3) Maximum Height: 45 feet. 35 36 (4) Principal land uses may include boat and yacht 37 clubs, and Drivate or Dublic marinas (see Chapter 1, Article 38 II Definitions) contingent upon being located within an area 39 identified with the "Preferred" siting designation by the 40 2007 Palm Beach County Manatee Protection Plan. 41 However maior repairs and boatels, or residing on boats. 42 shall be Drohibited in the IPUD district. Additionally. all 43 sale or minor repair of boats. or components thereof, shall 44 only occur within a fully enclosed structure except as 45 otherwise allowed by paragraph #6 below. The above 46 noted principal uses, when combined with residential uses, 67 I 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. 5 6 (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. 10 11 (6) The following uses shall be allowed as accessory to 12 one of the principal marine uses described above: boat 13 brokerages, shin's stores, tackle shops, maritime museums 14 or other related educational uses. restaurants, boat ramp_ s, 15 and other launching facilities. 16 17 (7) Marine- oriented and water dependent uses shall 18 meet all the requirements of Section 3.C.5 above, except 19 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 22 dwelling_ units. 23 24 (8) No outdoor drv_ storing or stacking of boats or other 25 related items shall be allowed, except that outdoor displays 26 are allowed for sales nuraoses as lone as the boats are 27 restricted to ground level display. are not visible from 28 abutting rights- of -wav or residential properties, and are not 29 placed within landscape areas or reauired parking_ spaces, 30 31 (9) Wash down and other post -use servicing shall be 32 done within the dry storage building or within an enclosed 33 structure (e.g.. three -sided and roofed) designed and 34 oriented to minimize external impacts. 35 36 (10) Water used for flushing and other cleaning activities 37 shall be properly pretreated prior to discharge into the 38 stormwater system. and conservation measures shall be 39 considered to facilitate reclamation /recvcline. 40 41 01) No outdoor sneakers shall be allowed other than for 42 low volume music that is not audible off -site. 43 44 (12) In addition to adhering to the Citv's sound 45 regulations, no eauipment, machines, or tools shall be used 68 I between the hours of 8:00 a.m. and 6:00 p.m. that generates 2 noise unia_ue to a residential neighborhood. 3 (13) See Chanter 4. Article III. Section 3.G.6 for 5 additional design regulations for commercial buildings and 6 boat storage facilities. 7 8 (14) Landscaping above and bevond the regulations cited 9 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. 13 14 (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. 20 21 (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 27 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. 36 37 (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 45 sufficient width is provided or staff determines additional .• 1 2 3 4 5 6 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 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 I of these regulations. Ownership shall be based on the 2 records of the Countv Propertv Appraiser's Office. 3 4 (2) Rights -of -wav for vrimary access shall be adequate 5 and improved in accordance with (Engineering Design 6 Handbook and Construction Standards); 7 8 (3) The size of building improvements shall be allowed 9 up to a maximum of 100% of the pre- existing_ area. 10 11 (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. 15 16 (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. 20 21 (6) Non - conforming and blighted conditions. 22 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. 31 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. 36 37 (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 - 40 family residence. 41 42 (9) Anv outdoor plav areas shall be located a minimum 43 of 30 feet from a parcel containing or zoned for single - 44 family_ residence. 45 71 1 2 3 4 5 6 7 8 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 0 41 42 43 44 45 46 (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. 72 1 2 3 4 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 40 41 42 43 44 45 46 (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 73 1 (3) All portions of any building dedicated to such use 2 are separated from residentially zoned property by a 3 distance of 200 feet. 4 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. 8 9 89. Storage, Boats / Motor / Recreational Vehicles. 10 11 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. 15 16 b. M -1 district. No exterior storage of boats, motor, or 17 recreational vehicles in a wrecked condition shall be permitted. 18 19 (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 22 of Planning & Zoning to ensure compatibility. - - - 23 24 (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. 27 28 90. Storage, Self- Service. 29 30 a. All districts. All self - storage facility uses shall comply 31 with the following_ : 32 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. 38 39 (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 74 I 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. 5 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 14 storage bays or private postal boxes within a SELF - SERVICE 15 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: 21 22 (a) The maximum size of a storage bav shall be 23 limited to 450 square feet. 24 25 (b) Storage bav doors shall not face anv 26 abutting propertv that is residentially zoned or anv_ 27 public or private right -of -way. - 28 29 (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. 33 34 (d) Loudspeakers. No exterior loudspeakers or 35 paging equipment shall be permitted on site. 36 37 (e) Design. For all SELF - SERVICE 38 STORAGE facilities adiacent to or visible from anv 39 right -of -way, the following_ shall ap_ plv: 0 1 (i) The exterior colors, facades, 42 windows, roof and building materials of all 43 structures located onsite shall be compatible 44 with the character of or vision for the 45 surrounding area. SELF - SERVICE STORAGE 75 I facilities shall incort) orate design elements 2 to achieve the effect of office structures. 3 4 (ii) All facades viewable from rights -of- 5 wav shall provide varietv and interest. 6 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 9 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. 14 15 (f) Refuse. Dumpsters and trash 16 receptacles shall be screened from view of adjacent 17 lots and streets. 18 19 (g) Exterior Storage. 20 21 (i) Vehicles shall not be stored within 22 the area set aside for minimum building 23 setbacks or in areas designated for 24 landscaping buffering purposes. 25 - 26 (ii) Pleasure boats stored on site shall be 27 placed and maintained upon wheeled 28 trailers. No dry stacking shall be permitted 29 on -site. 30 31 (iii) The outside storage area shall be 32 constructed with a dust -free surface. 33 34 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: 37 38 (1) Lot size. The minimum lot size for a multi - 39 access self - storage facilitv shall be two (2) acres. 40 41 (2) Circulation. The following on -site circulation 42 standards shall annly: 43 44 (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 76 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. 8 9 (b) Flow: The one or two -wav traffic flow 10 patterns in aisle ways shall be clearly marked. 11 Marking_ s shall consist of standard directional 12 signage and painted lane markings with arrows. 13 14 (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. 18 19 (3) Height. Limited access and combination 20 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. 26 27 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: 30 31 (1) Lot size. The minimum lot size for a limited 32 access self - storage facility shall be one (1) acre. 33 34 (2) Loading. 35 36 (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. 43 44 (3) Circulation. The following on -site circulation 45 standard shall apply: 46 77 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 0 1 42 43 44 45 46 (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: 78 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 (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. 79 I (a) Office and showroom onlv as a permitted 2 use. 3 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. 8 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. 12 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. 17 18 b. C -4 district. 19 20 (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. 23 24 (2) Use(s) Allowed. 25 26 (a) Office and showroom only as a permitted 27 use. 28 29 (b) Outdoor storage and workshop shall reauire 30 conditional use approval if located within 200 feet 31 of a residential zoning district. 32 33 95. Radio & TV Broadcasting. Refer to the Wireless 34 Communication Facilities section in Chapter 3. Article V (Supplemental 35 Regulations) of the Land Development Regulations. 36 37 96. Research & Development. Scientific / Technoloeical. 38 Excluding treatment, storage. or processing of human or animal bodies or 39 body parts. Medical or scientific research which involves the use. 40 treatment, storage, or processing of human or animal bodies or body Darts 41 would reauire conditional use aDDroval. 42 43 97. Sewer / Septic & Waste Memt Cleanine. This use excludes the 44 storage, treatment, transfer, dumb_ ing_, or disposal of waste on- Dremises. 45 46 98. Taxi. Limo, Charter Bus. 1 1 2 3 4 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 40 41 42 43 44 45 46 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. 81 1 (4) Hours of Operation. No activitv shall be 2 conducted on -site between the hours of 9 p.m. and 7 a.m. 3 4 (5) Exterior Lighting. No temnorary or permanent 5 exterior lighting shall be used bevond the lawful hours of 6 operation. 7 8 (6) Walls and Fences. Walls and fences shall be 9 allowed and regulated in accordance with Chapter 3. 10 Article V. Section 2. 11 12 (7) Open Burning. The open burning of 13 neighborhood gardens shall be prohibited. See Part II Citv 14 Code of Ordinances. Chapter 9, Article 1I. Section 9 -18 for 15 the restrictions on open burning. 16 17 (8) Signag_ e. Pursuant to Chapter 4, Article IV. 18 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 22 must be located at least 10 feet from anv propertv line. 23 24 (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- 28 of-way. - 29 30 b. Residential Districts. 31 32 (1) IPUD district, PUD district. and MHP district. 33 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. 37 38 (2) Lot Size. The maximum lot size shall not 39 exceed one -half (0.5) acre. l (3) Freestanding Structures and Site Amenities. No 42 freestanding structures or site amenities allowed under 43 Chapter 3. Article V. Section 3 (e.g.. sheds and storage 44 containers. generators and fuel tanks, compost bins and 45 tumblers, agricultural structures) shall be allowed. 46 82 1 (4) Seed and Fertilizer. No seed or fertilizer shall be 2 stored on -site. 3 4 (5) Abnroval Process. A communitv garden shall 5 require the approval of a zoning permit in accordance with 6 Chan_ ter 2. Article II. Section 5.13. 7 8 C. All Commercial and Mixed -Use Districts. 9 10 (1) Lot Size. The maximum lot size shall not I 1 exceed one (1) acre. 12 13 (2) Separation. A communitv garden shall be 14 separated from another communitv garden by a minimum 15 of 1.000 feet. 16 17 (3) Freestanding Structures and Site Amenities. 18 Freestanding structures and site amenities. including 19 but not limited to sheds and storage containers. generators 20 and fuel tanks. compost bins and tumblers. or agricultural 21 structures are allowed. provided that thev are installed. 22 placed, erected. or constructed in accordance with the 23 respective provisions of Chap_ ter 3. Article V. Section 3. 24 25 (4) Lot Coverage. The ground area of all freestanding 26 structures and site amenities allowed under Chapter 3. 27 Article V. Section 3 that are installed. placed, erected. or 28 constructed shall count towards lot coverage. and all of 29 these. including orincioal structures. shall not exceed the 30 maximum allowed by the respective zoning district. 31 32 (5) Approval Process. A communitv garden shall 33 require the approval of a zoning permit in accordance with 34 Chapter 2. Article 11. Section 5.13. However. those 35 containing storage and / or agricultural structures greater 36 than 100 square feet as provided for in the Supplemental 37 Regulations (Chapter 3. Article V. Section 3) shall require 38 approval of conditional use and site plan applications in 39 accordance with Chanter 2. Article 11. Section 2. 40 41 (6) Retail Sales. The on -site sale of fruits. vegetables. 42 nuts. or herbs harvested on -site is allowed. but onlv in 43 connection with the approval of a special event hermit. 44 Anv temporary farm stand used during the special event 45 period shall be no larger than 72 square feet and seven (7) 46 feet in height. No fruits. vegetables. nuts. or herbs 83 harvested off -site or anv products produced off -site shall be 2 brousht to the subiect property and sold on -site. 3 4 Section 4. Conditional Uses. 5 6 A. Applicability... 7 B. Definition... 8 9 C. Standards for Evaluating Conditional Uses... 10 11 1... 12 13. Required sound study and analysis. All conditional 13 use applications for bars, nightclubs and similar 14 establishments shall include the following analysis 15 performed by a certified acoustic engineer, unless a Live 16 Entertainment Permit is applied for and received in 17 accordance with Chapter 13. Article III "Live 18 Entertainment Permit" (13 -80): 19 20 a... 21 b... 22 c... 23 d... 24 25 Section 5. Non- conforming Uses. 26 27 A. Definition. See Chapter 1, Article II. Definitions. 28 29 B. Existing Uses. 30 31 1. General. Any lawful use of land or structures 32 existing on the effective date of the adoption or amendment 33 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, 36 subject to the provisions of this section pertaining to its 37 extension, alteration, reconstruction, Business Tax renewal, 38 discontinuance or change. 39 0 Any use or structure in lawful existence at the time of 1 adoption or amendment of these zoning regulations which 42 would thereafter require a conditional use approval under 43 its provisions shall be construed to be a nonconforming use. 44 Such uses or structures may become conforming upon 45 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. 12 13 2. Exclusions (Ordinance 12 -010). Anv legally 14 conforming_ use with previous Citv approval or in 15 possession of an active Business Tax Receipt and /or 16 Certificate of Use at the time of this ordinance. but no 17 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 22 abutting lot. This same provision shall apply_ to the Land 23 Use Options) of individual lots depicted on the Ouantum 24 Park Master Site Development Plan. 25 26 C. Non - Conforming Use Limitations... 27 D. Change of Use... 28 E. Discontinuance... 29 F. Non - Conforming Lots / Structures... 30 31 Section 7. Penalties... 32 33 34 35 36 85 86