12-016 n
1 , ORDINANCE 12 -016
2
3 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON
4 BEACH, FLORIDA AMENDING PART II, CODE OF ORDINANCES, CHAPTER 13,
5 ARTICLE IV "LIVE ENTERTAINMENT PERMITS "; AMENDING PART III, LAND
6 DEVELOPMENT REGULATIONS WITH AMENDMENTS TO CHAPTER 1,
7 "GENERAL ADMINISTRATION ", ARTICLE II, "DEFINITIONS ", CHAPTER 2,
8 "LAND DEVELOPMENT PROCESS ", ARTICLE I, "OVERVIEW ", ARTICLE II,
9 "PLANNING AND ZONING DIVISION SERVICES ", ARTICLE IV, "BUILDING
10 DIVISION SERVICES ", CHAPTER 3, "ZONING ", ARTICLE III, "ZONING
11 DISTRICTS AND OVERLAY ZONES ", ARTICLE IV, "USE REGULATIONS ",
12 ARTICLE V, "SUPPLEMENTAL REGULATIONS ", CHAPTER 4, "SITE
13 DEVELOPMENT STANDARDS ", ARTICLE I, "ENVIRONMENTAL PROTECTION
14 STANDARDS ", ARTICLE II, "LANDSCAPE DESIGN AND BUFFERING
15 STANDARDS ", ARTICLE III, "EXTERIOR BUILDING AND SITE DESIGN
16 STANDARDS ", ARTICLE V, "MINIMUM OFF - STREET PARKING
17 REQUIREMENTS ", ARTICLE VI, "PARKING LOT, VEHICULAR USE AREAS,
18 AND LOADING STANDARDS ", ARTICLE VII, "EXTERIOR LIGHTING
19 STANDARDS ", ARTICLE VIII, "ROADWAYS, UTILITIES, AND
20 INFRASTRUCTURE STANDARDS ", ARTICLE IX, "BUILDING,
21 CONSTRUCTION, AND HISTORIC PRESERVATION REQUIREMENTS ";
22 PROVIDING FOR CONFLICT, SEVERABILITY, INCLUSION; AND EFFECTIVE
23 DATE.
24
25 WHEREAS, in 2010, the City Commission approved a comprehensive update to the
26 City's Land Development Regulations; and
27 WHEREAS, as part of the process, staff anticipates the periodic need for updates and
28 amendments in connection with the establishment of new programs or processes or from
29 information gained from the application of current regulations to past or present development
30 proposals or concepts; and
31 WHEREAS, staff recommends the adoption of the attached amendments to the Code
32 of Ordinances and Land Development Regulations as it will help promote business /economic
33 development, make the code more user - friendly, and provide the necessary updates based on
34 lessons learned and processes established subsequent to the 2012 update of the Land
35 Development Regulations.
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1
1 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
2 THE CITY OF BOYNTON BEACH, FLORIDA:
3 Section 1. That the foregoing "WHEREAS" clause is true and correct and hereby
4 ratified and confirmed by the City Commission.
5 Section 2. That Part II, Code of Ordinances and Part III, "Land Development
6 Regulations ", of the City of Boynton Beach are hereby amended as follows:
7 See attached Exhibit "A"
8
9 Section 3. All prior ordinances or resolutions or parts thereof in conflict herewith are
10 hereby repealed to the extent of such conflict.
11 Section 4. If any section, sentence, clause, or phrase of this Ordinance is held to be
12 invalid or unconstitutional by any court of competent jurisdiction, then said holding shall in no
13 way affect the validity of the remaining portions of this Ordinance.
14 Section 5. It is the intention of the City Commission of the City of Boynton Beach,
15 Florida, that the provisions of this Ordinance shall become and be made a part of the City of Boynton
16 Beach Code of Ordinances; and that the sections of this ordinance may be renumbered or re- lettered
17 and the word "ordinance" may be changed to "section," "article," or such other appropriate word or
18 phrase in order to accomplish such intentions.
19 Section 6. This Ordinance shall be effective immediately after adoption by the City
20 Commission.
21 PASSED FIRST READING this 18 day of September, 2012.
22 SECOND AND FINAL READING ADOPTED this 2 day of October, 2012.
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1
2 CITY 0 :OYNTON BEACH, LORIDA
3
4 Mayor — a o . L . •
5
7 e Mayor — Mack cCray
8
9
10 Co •
11
12
13 ommissio • =' Virair: •
14 / l
15 / /
16 Commissioner — Marlene Ross
17 ATTEST:
18
19
20 �a .�
21 Jan; M. Prainito, MMC
22 Clerk
23
24 ; ‘ o ,.
25'
26! (t .41a': -al)
O V
TQ N
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1
PROPOSED LANGUAGE
2
3
PART II (CODE OF ORDINANCES), CHAPTER 13 LICENSES
4
5
ARTICLE I BUSINESS TAX RECEIPTS…
6
ARTICLE II GARAGE SALES…
7
ARTICLE III ADULT ENTERTAINMENT…
8
9
ARTICLE IV LIVE ENTERTAINMENT PERMITS
10
11
12 Sec. 13-80. Live entertainment permit.
13
14 (a) Definition.
15
16 (1) Live entertainment defined. Live entertainment
17 means a use in connection conjunction with a restaurant,
18 bar/nightclub, or indoor/outdoor entertainment cocktail
19 lounge or other similar establishment, wherein floorshows
20 or other forms of entertainment consisting of one (1) or
21 more persons, amplified or non-amplified music or other
22 related sounds or noise or the like sound, are provided
23 indoors or outdoors, including but not limited to
24 entertainment provided by musicians, disc jockey (DJ),
25 master of ceremonies (MC), or karaoke.
26
27 (b) Time limits. Any live entertainment permit (herein referred
28 to as “permit”) granted by the city shall expire twelve (12) months after
29 the date of approval of such live entertainment permit and must be
30 renewed in accordance with subsection (h) of this section.
31
32 (c) Method of approval. A live entertainment permit may be
33 approved by the city after an application, as provided herein, has been
34 processed by city staff.
35
36 (d) Review and approval procedure.
37
38 (1) Permit Live entertainment permit applications shall
39 be obtained from and filed with the Development
40 Department, and may be initiated by the owner of the
41 subject property or the owner's designated representative.
42 All applications must be signed by the property owner. A
43 complete application will be processed by the Development
44 Department, which also consists of the required fee and
45 necessary supportive materials, including the following:
46
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1 a. A site and/or floor plan, indicating the location
2 of the live entertainment.
3
4 b. A summary of facts concerning the location
5 and orientation of the live entertainment, including
6 proposed days and hours of operation, description
7 of proposed entertainment, description of premises
8 where entertainment is proposed, number of
9 entertainers, etc.
10
11 c. A valid Business Tax Receipt. All businesses
12 wishing to secure an entertainment permit must
13 conform with all local zoning requirements.
14
15 d. A signed affidavit affirming the business
16 will not violate the Noise Control Ordinance.
17
18 (e) Non-transferable permit. A live entertainment permit is valid
19 only for a specific establishment at a specific location and is
20 nontransferable to another establishment. If an establishment with a valid
21 live entertainment permit ceases operation at a specific location and
22 another establishment begins operation at this location, the live
23 entertainment permit is nontransferable to the new establishment at the
24 same location. In addition, if an establishment with a valid live
25 entertainment permit relocates, the permit is nontransferable to the new
26 location. In both instances, a new live entertainment permit application
27 must be submitted for City Commission consideration.
28
29 (f) Standard conditions of approval for all permits. The
30 following are standard conditions for approval of all live entertainment
31 permits which are incorporated into the City Commission's approval of a
32 live entertainment permit application and made a part of the terms under
33 which the live entertainment permit is granted:
34
35 (1) For indoor entertainment, all doors and windows
36 shall remain closed during performances, with the
37 exception of momentary use for ingress and egress. If
38 doors and/or windows are opened during the performance,
39 subsection (f)(2) of this section is applicable.
40
41 (2) Section 15-8 of the City's Code of Ordinances, Noise
42 control-Short title; through section 15-10.7, Enforcement
43 and Penalty, inclusive, pertaining to noise, shall apply to
44 live entertainment, and all live entertainment shall be
45 subject to enforcement of the City's Noise Control
46 Ordinance.
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1
2 (3) Hours of outdoor amplified live entertainment at
3 establishments with a residential unit or units within 100
4 feet of the site shall not extend beyond 11:00 p.m. Sunday
5 through Thursday evenings and 12:00 a.m. on legal
6 holidays as defined in the City's Noise Control Ordinance,
7 Friday and Saturday evenings.
8
9 (g) Standards for review. In its deliberations concerning the
10 granting of a live entertainment permit, the city shall carefully consider the
11 following guidelines and standards:
12
13 (1) Ingress and egress to the subject property and use,
14 with particular reference to automotive and pedestrian
15 safety and convenience, traffic generation flow and control,
16 and access in case of fire or catastrophe, shall be on
17 substantially improved property and generally conform to
18 current city regulations and not potentially detrimental to
19 existing or anticipated uses in the vicinity and particularly
20 not detrimental to property immediately adjacent to the
21 subject site.
22
23 (2) Off-street parking areas for the principal use shall be
24 in conformance with applicable (e.g. parking space
25 requirements) standards with respect to required parking, as
26 well as be adequate and well-designed, and relate well, in
27 terms of proximity, access and the like, to the intended
28 entertainment to be serviced, with particular attention to the
29 items listed in subsection (g)(1) of this section. Further, the
30 smoke, noise, glare, dust, vibrations, fumes, pollution or
31 odor effects related to the vehicular use area or the live
32 entertainment shall not be detrimental to the adjoining
33 properties in the general area.
34
35 (3) Refuse and service areas, with particular reference to
36 the items listed in subsections (g)(1) and (2) of this section,
37 shall be adequately screened so as not to be visible from
38 adjacent properties or a public right-of-way and shall be
39 located in such a way as not to be a nuisance, by virtue of
40 smoke, noise, glare and the like, to adjacent properties.
41
42 (4) Utilities, whether public or private, shall be adequate
43 and not detrimental with reference to location, availability,
44 adequacy and compatibility.
45
46 (5) Screening, buffering or separation of any nuisance or
- 3 -
1 hazardous feature, with reference to type, dimensions and
2 character, shall be fully and clearly represented on the
3 submitted plans and shall be adequate to protect adjacent
4 properties. This shall should include proposed strategies to
5 mitigate sound levels at adjacent property lines and
6 distances from the noise source(s) as enumerated in the
7 city's Noise Control Ordinance.
8
9 (6) Proposed signs and exterior lighting shall be
10 considered with reference to glare, traffic safety and
11 compatibility and harmony with surrounding properties and
12 shall be determined to be adequate, safe and not detrimental
13 or a nuisance to adjacent properties.
14
15 (7) The proposed live entertainment shall be compatible
16 and appropriate with respect to adjacent properties and
17 other property in the district and geographic area.
18
19 (h) Permit renewal procedure. Permits Live entertainment
20 permits shall renew on an annual basis in conjunction with the Business
21 Tax Receipt renewal effective October 1 of each year. Establishments
22 with complaints that have been the subject of an Order issued by the City's
23 Code Compliance Board finding the establishment in violation of City
24 Code, and/or findings by a civil or criminal court of a violation of City
25 Code or other applicable law(s) shall require annual City Commission
26 approval prior to the renewal of the live entertainment permit. Permits
27 Live entertainment permits not approved for renewal by City Commission
28 will be prohibited from re-applying for a period of one (1) year.
29
30 (i) Revocation of permits. The City Commission may revoke a
31 previously approved live entertainment permit upon making the following
32 findings, in a public hearing, that :(1) The that operation of the live
33 entertainment has resulted in the violation of a city ordinance, or any of
34 the conditions of approval outlined in the approving resolution, including
35 the standard conditions outlined in subsection (h) of this section, and that
36 the City's Code Compliance Board has found that a violation has occurred,
37 and entered an order finding that such a violation has occurred pursuant to
38 Chapter 2, Article V, of the City's Code of Ordinances.
39
40 In the event the City Commission revokes a live entertainment permit, the
41 City Commission shall not issue a new live entertainment permit for the
42 same location for a period of twelve (12) months from the date of
43 revocation. In order to submit an application for a new live entertainment
44 permit, the location must not have been found in violation of any City
45 Code provisions within the twelve (12) month time period just prior to the
46 date the application for a live entertainment permit is submitted.
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1
2 (2) After the time period specified above has elapsed, a new permit
3 application may be submitted to the Development Department. This
4 renewal application However, unlike the original application, the applicant
5 shall also include now be required to submittal of an impact analysis
6 which demonstrates mitigating solutions intended to aimed at reducinge or
7 eliminatinge the potential for violating the Noise Control Ordinance or
8 otherwise creating off-site nuisance conditions.
9
10 (j) The City Commission hereby establishes the following live
11 entertainment permit application fee, a live entertainment permit fee which
12 is computed based upon the date of the Commission's action approving the
13 application, and an annual live entertainment permit renewal fee:
14
15 (1) Live entertainment permit application fee
16 $150.00.
17
18 (2) Annual live entertainment permit renewal fee
19 $50.00
20
21 (k) Live entertainment without a city live entertainment permit
22 is prohibited and violations of these regulations may be enforced by the
23 city as follows:
24
25 (1) The City Code Compliance Board shall have
26 jurisdiction to hear and decide cases in which violations of
27 this chapter are alleged, or
28
29 (2) The City may enforce the provision of this Code by
30 supplemental Code or Ordinance enforcement procedures
31 as provided by Part 2 of Chapter 162, Florida Statutes, or
32
33 (3) The city may prosecute violations of this section by
34 issuance of Notices to Appear for violation of a city
35 ordinance, in which case, the penalty for a violation shall
36 be as follows:
37
38 a. First violation - $100.00
39
40 b. Second violation within twelve (12) months of
41 adjudication of first violation - $150.00
42
43 c. Third violation within eighteen (18) months of
44 adjudication of first violation - $250.00
45
46 Each day on which a violation exists shall constitute
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1 a separate violation for the purpose of determining
2 the fine, or
3
4 (4) The City Attorney, with authorization from the City
5 Commission, may bring suit on behalf of the city to enjoin
6 any violation of this section.
7
PART III (LDR), CHAPTER 1, ARTICLE II DEFINITIONS
8
9
AUTO / CAR WASH (POLISHING, WAXING, DETAILING) –
10
11 Establishments providing for the cleaning of private automobiles, recreational
12 vehicles (personal watercraft), or other light duty equipment through manual
13 detailing and / or mechanical resources. Business activity is to be conducted
14 indoors, but the establishment may have an outdoor component if approved
15 through the site plan or site plan modification process.
RESTAURANT –
16 An establishment engaged in preparing, selling, and / or
17 serving food and beverage items. Food and drink may be consumed on premises,
18 delivered, and taken out (via pick-up or carry-out). Alcoholic beverages may be
19 sold in combination with selling food but ultimately, the sale of food constitutes
20 more than 51% of its monthly gross revenue. Business activity is to be conducted
21 indoors, but the establishment may have an outdoor component if approved
22 through the site plan or site plan modification process.
BAR AND NIGHTCLUB –
23 Any licensed premises that is devoted
24 predominately or totally, to the serving of alcoholic and / or intoxicating
25 beverages or any combination thereof, for consumption at the licensed
26 establishment. Leisurely dancing may occur or patrons may be entertained by
27 live or recorded performers who dance, sing, play instruments, or perform other
28 acts of entertainment (excluding adult entertainment). The service of food may be
29 incidental to the service of the aforementioned beverages, activities, and
30 entertainment. These establishments are known as but are not limited to the
31 following: bars, cigar bars, cabarets, cocktail lounges, comedy clubs, dance
32 clubs, discothèques, night clubs, piano bars, pubs, and saloons. Business activity
33 is to be conducted indoors, but the establishment may have an outdoor component
34 if approved through the site plan or site plan modification process.
PART III (LDR), CHAPTER 2, ARTICLE I OVERVIEW
35
36
Section 1. General.
37
Section 2. Types of Land Development Applications.
38
39
A. Table 2-1. Applications by City Departments.
40
41
42 Legend:
43
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1 HRPB: Historic Resources Preservation Board
2 P&Z: Planning and Zoning Division
3 P&D: Planning and Development Board
4 CRA: Community Redevelopment Agency
5 CC: City Commission
6
REVIEWING PUBLIC
CODE APPROVING
APPLICATION TYPEAUTHORITY HEARING
SECTION AUTHORITY
(STAFF) REQUIRED?
ARTICLE II. PLANNING AND ZONING DIVISION SERVICES
Standard Applications
Art II, Director of
Annexation CC Yes
Section 2.A P&Z
Comprehensive Plan
Amendment
Art II,
Text City Initiated Only
Section 2.B.2
Future Land Use Map Art II, Director of
CC Yes
(FLUM) Section 2.B.3 P&Z
Art II,
Conditional Use
Section 2.C Director of
CC Yes*
P&Z
Conditional Use Time Art II,
Extension Section 2.C.6
Art II,
Rezoning
Section 2.D
Article II,
Master Plan (New) Section
CC Yes*
2.D.6 Director of
P&Z
Article II,
Master Plan
Section
Modification (Major)
2.D.6.g
Article II,
Master Plan Director of
Section No
Modification (Minor) P&Z
2.D.6.h
Art II, Director of Director of
Sign Program No
Section 2.E P&ZP&Z
Art II,
Site Plan Review
Section 2.F
Site Plan Time Art II,
CC Yes*
Extension Section 2.F.6 Director of
P&Z
Site Plan Modification
(Major)
Art II,
Section 2.F.7
Site Plan Modification Director of
No
(Minor) P&Z
Vacation and Art II, Director of
CC Yes*
Abandonment Section 2.G P&Z
Planned Industrial Development (PIDApplications
)
Master Site Plan (New) Art II, Director of
PID Zoning District Only Section 3.A P&Z CC Yes
Art II,
Master Site Plan
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Modification, Major
Section
Master Site Plan Director of
3.A.6
No
Modification, Minor P&Z
Technical Site Plan (New) Art II,
PID Zoning District Only Section 3.B
Director of Director of
Technical Site Plan
No
P&Z P&Z
Modification, Major Art II,
Section 3.B.6
Technical Site Plan
Modification, Minor
ARTICLE II. PLANNING AND ZONING DIVISION SERVICES
continued
Art II, Director of
Waiver CC Yes
Section 3.C. P&Z
Relief Applications
Administrative Art II, Director of Director of
No
Adjustment Section 4.A P&Z P&Z
Community Design Art II, Director of
CC Yes
Appeal Section 4.B P&Z
Art II, Director of
Height Exception CC Yes
Section 4.C P&Z
Variance to Land Art II, Director of
CC Yes*
Development Regulations Section 4.D P&Z
Art II, Director of See Site Plan See Site Plan
Waiver
Section 4.E P&Z Review Review
Permit Applications
Art II, Director of Director of
Sign Permit No
Section 5.A P&ZP&Z
Art II, Director of Director of
Zoning Permit No
Section 5.B P&ZP&Z
Historic Preservation
Certificate of Art II, Director of
HRPB Yes
Appropriateness Section 6.A. P&Z
Historic District or Art II, Director of
CC Yes*
Properties Designation Section 6.B. P&Z
Historic Preservation
Art II, Director of
Property Tax Exemption CC Yes
Section 6.C. P&Z
Application
Other Applications
Art II, Director of Director of
Certificate of Conformity No
Section 7 6.A P&Z P&Z
Art II, Director of Director of
Lot Line Modification No
Section 7 6.B P&Z P&Z
Mobile Vendor Vender Art II, Director of Yes
P&D
Approval Section 7 6.C P&Z No
Modification to Art II, Director of
CC Yes
Development Order Section 7 6.D P&Z
Art II, Director of
Sidewalk Café Approval CC No
Section 7 6.E P&Z
Zoning Verification Art II, Director of Director of
No
Letter Section 7 6.G P&Z P&Z
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ARTICLE III. ENGINEERING DIVISION SERVICES
Art III,
Preliminary Plat City Engineer City Engineer No
Section 2.B
Art III,
Final Plat City Engineer CC Yes
Section 2.C
Land Development Art III,
City Engineer City Engineer No
Permit (LDP) Section 3
Art III,
Right-of-Way Permits City Engineer City Engineer No
Section 4
Engineering Division Art III,
City Engineer City Engineer No
Waiver Section 5
REVIEWING PUBLIC
CODE APPROVING
APPLICATION TYPEAUTHORITY HEARING
SECTION AUTHORITY
(STAFF) REQUIRED?
ARTICLE IV. BUILDING DIVISION SERVICES
Art IV, Building Building
Building Permit No
Section 2 Official Official
Art IV, Building Building
Sign Permit No
Section 3 Official Official
Building Board
Art IV, Building
of Adjustment Yes
Variance Section 4 Official
and Appeals
ARTICLE V. BUSINESS TAX SERVICES
Seasonal Sales Event Art V, Business Tax Business Tax
No
Approval Section 3 Manager Manager
Special Temporary Sales Art V, Business Tax Business Tax
No
Event Approval Section 4 Manager Manager
1
2 * Quasi-judicial proceedings are required pursuant to Part II (City Code of
3 Ordinances), Chapter 2, Article I, Section 2-20.
4
PART III (LDR), CHAPTER 2, ARTICLE II PLANNING & ZONING DIVISION
5
SERVICES
6
7
Section 1. General…
8
Section 2. Standard Applications…
9
Section 3. Planned Industrial Development (PID) Applications…
10
Section 4. Relief Applications…
11
12
Section 4. Relief Applications.
13
14
15 Each application for relief shall be considered unique and not set
16 precedent for subsequent requests.
17
A. Administrative Adjustments…
18
B. Community Design Appeal.
19
20
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1. General.
1
2
a. Purpose and Intent.
3 The purpose of this
s
4 subsection is to provide a relief process that allow
5 for deviations from specific build-to line
6 requirements of Chapter 3, Article III and any
7 community design standard of Chapter 4 of these
8 Land Development Regulations. The intent of this
9 application process is not to provide a means of
10 circumventing such standards but to allow for
11 flexibility, and alternative ways to meet the intent of
12 the code to yield high quality design, architectural
13 detail, and visual interest without negative impacts
14 to the subject site or surrounding properties.
15
b. Applicability.
16 This application shall
17 be applicable to any requested deviation from
18 specific build-to line requirements of the Mixed-
19 Use Urban Building and Site Regulations (Table 3-
20 4); Urban Commercial District Overlay Zone (Table
21 3-26); or any of a community design standard of
22 Chapter 4 of these Land Development Regulations.
23 The requested appeal shall be processed concurrent
24 with a site plan unless otherwise determined by the
25 Director of Planning and Zoning or designee.
26
c. Rules…
27
28
2. Submittal Requirements…
29
3. Review Criteria…
30
4. Approval Process…
31
5. Expiration…
32
33
C. Height Exception…
34
D. Variance to Land Development Regulations…
35
E. Waiver (Ocean Avenue Overlay Zone)…
36
37
Section 5. Permit Applications…
38
Section 6. Historic Preservation Applications. Other Applications.
39
40
A. Certificate of Appropriateness.
41
42
1. General.
43
44
a. Purpose and Intent.
45 The purpose and
46 intent of this subsection is to set forth a uniformed
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1 procedure, well-defined application process, and
2 information to guide in the review of Certificate of
3 Appropriateness submittals.
4
b. Applicability.
5 The Board or staff shall
6 review actions affecting the exterior of Properties
7 and all Resources, including non-contributing
8 Properties, within Districts. Utilizing the Design
9 Guidelines Handbook, the Board reviews
10 applications for Certificates of Appropriateness for
11 alterations, new construction, demolitions,
12 relocations affecting proposed or designated
13 Properties or Properties within Historic Districts.
14
c. Terms and Definitions.
15 See Chapter 1,
16 Article II for definitions and terms associated with
17 historic preservation.
18
d. Review Authority.
19 The required level of
20 review shall be depicted in a “Historic Resources
21 Preservation Board Certificate of Appropriateness
22 Approval Matrix” (the “Matrix”). The Matrix will
23 contain a list of design features, such as roofing
24 materials, window types, shutter types, etc. The
25 Matrix will indicate whether such features may be
26 administratively reviewed or if Board review is
27 required. The Board shall approve or amend the
28 “Historic Resources Preservation Board Certificate
29 of Appropriateness Approval Matrix” as needed.
30
31 If staff does not grant administrative approval of an
32 application, the application may be referred to the
33 Board for review. Any applicant may request
34 referral to the Board rather than administrative
35 review. An application referred by staff or an
36 applicant will be considered in accordance with the
37 application review schedule contained in Section
38 2.b. below.
39
2. Submittal Requirements.
40
41
a. Application and Fees.
42 Requests for
43 Certificates of Appropriateness shall be made only
44 on application forms approved by the Board.
45 Submittal of the application must be made with the
46 appropriate site plans, drawings, photographs,
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1 descriptions, and other documentation needed to
2 provide staff and the Board with a clear
3 understanding of the proposed action. Application
4 fees and other applicable charges shall be
5 established by resolution adopted by the City
6 Commission.
7
b. Completeness Review and Board Agenda.
8
9 Staff shall review all applications for
10 Certificates of Appropriateness to determine
11 whether an application is complete. If the
12 application is incomplete, staff will notify the
13 applicant of what additional information is
14 necessary. An application will not be reviewed
15 until staff determines that it is complete.
16
17 All Certificates of Appropriateness applications
18 eligible for administrative review will be reviewed
19 in a timely manner and a written decision sent to the
20 applicant. All Certificate of Appropriateness
21 applications requiring Board review will be
22 scheduled for hearing by the Board at the first
23 available meeting approximately six (6) weeks after
24 receipt of the completed application. The meeting
25 shall be publicly announced and will have a
26 previously advertised agenda. The Board may
27 suspend action on the application for a period not to
28 exceed thirty days in order to seek technical advice
29 from outside its members or to meet further with the
30 applicant to revise or modify the application.
31
3. Review Criteria.
32 See Chapter 4, Article IX,
33 Section 6.D. for the review criteria applicable to the
34 Certificate of Appropriateness.
35
4. Approval Process.
36
37
a. Decisions.
38 Decisions regarding
39 application for Certificates of Appropriateness shall
40 be based on the application, the application’s
41 compliance with this Ordinance, and the evidence
42 and testimony presented in connection with the
43 application.
44
45 Any conditions or requirements imposed shall be
46 related to the Certificate of Appropriateness sought
- 12 -
1 by the applicant. If conditions or requirements are
2 imposed as a condition of approval, the Board may
3 direct staff to review the amended plans and
4 approve the COA if all conditions or requirements
5 have been addressed.
6
b. Notice of Decision on Application.
7 Staff
8 shall notify the applicant in writing of any decision
9 on the application within five (5) working days
10 from the date of the decision.
11
5. Certificate of Economic Hardship.
12 Prior to taking
13 an appeal of a decision to the City Commission on an
14 application for Certificate of Appropriateness, an applicant
15 may file a request in writing for a Certificate of Economic
16 Hardship. Utilizing information supplied by the applicant,
17 the Board reviews requests for Certificates of Economic
18 Hardship to determine if a decision regarding a Certificate
19 of Appropriateness application has caused or will cause an
20 economic hardship.
21
a. Application.
22 A request for a Certificate of
23 Economic Hardship must be submitted in writing
24 within 30 days of the date of the hearing at which
25 the Board’s decision on the Certificate of
26 Appropriateness application is announced.
27
b. Board Agenda and Notice.
28 The Board
29 shall schedule a public hearing within 60 working
30 days from the receipt of the application and shall
31 provide notice of such hearing in the same manner
32 as for the Certificate of Appropriateness
33 application.
34
c. Negotiations Prior to Certificate of
35
Economic Hardship Hearing.
36 During the
37 period between receipt of the Certificate of
38 Economic Hardship application and the Board’s
39 public hearing, the applicant shall discuss the
40 proposed action with staff, other City officials and
41 local preservation organizations to consider
42 alternatives that will avoid an economic hardship
43 and have the least adverse effect to the Property
44 and/or the District. Staff may request information
45 from various City departments and other agencies in
46 order to negotiate an alternative resolution that is in
- 13 -
1 the best interest of the applicant and the City. If
2 negotiations are successful, staff shall make written
3 recommendations to the Board regarding such
4 alternatives.
5
d. Determination of Economic Hardship.
6
7 The applicant has the burden of proving by
8 competent substantial evidence that the Board’s
9 decision regarding the Certificate of
10 Appropriateness application has caused or will
11 cause an economic hardship. To determine
12 economic hardship, the applicant shall submit the
13 following with the request for a Certificate of
14 Economic Hardship:
15
16 (1) Proposed construction, alteration,
17 demolition and removal costs;
18
19 (2) Structural and condition reports from
20 a licensed professional with experience in
21 assessing historic buildings;
22
23 (3) Estimates as to the economic
24 feasibility of rehabilitation or reuse;
25
26 (4) The purchase price of the property,
27 details of annual debt service or mortgage
28 payments, recent appraisals, assessments,
29 and real estate taxes;
30
31 (5) Details of any income obtained from
32 the property and cash flows for the previous
33 two (2) years;
34
35 (6) The status of any leases or rentals;
36 and
37
38 (7) Details of any listings of the property
39 for sale or rent for the previous two (2)
40 years.
41
42 The applicant may submit or the Board may
43 request any further additional information
44 relevant to the determination of economic
45 hardship.
46
- 14 -
1 The effect of denial of the application for
2 Certificate of Economic Hardship is that the
3 decision regarding the Certificate of
4 Appropriateness is upheld. If the
5 application for Certificate of Economic
6 Hardship is granted, the Board may issue the
7 Certificate of Economic Hardship without
8 conditions. Alternatively, the Board may
9 issue the Certificate with conditions that will
10 avoid the economic hardship and have the
11 least adverse effect to the Property and the
12 District.
13
14 Such conditions may include, but are not
15 limited to: ad valorem tax relief, loans or
16 grants, requiring the owner to market and
17 offer the Property for sale for a fair market
18 price with appropriate preservation
19 protections for a period of time not to
20 exceed six (6) months, acquisition by a third
21 party for a fair market value, Building and
22 Zoning Code modifications, relaxation of
23 the provisions of this ordinance,
24 recommendation by the City Manager some
25 or all of the applicable Board fees be
26 waived, or such other relief as appropriate.
27
6. Appeal of Certificate of Appropriateness and
28
Certificate of Economic Hardship Decisions.
29 Any
30 applicant may appeal a decision of the Board to the City
31 Commission regarding an application for Certificate of
32 Appropriateness and/or an application for Certificate of
33 Economic Hardship. The applicant shall file a written
34 notice of the appeal with staff within 30 days of the date of
35 the hearing at which the Board’s decision on the
36 application is announced. The City Commission shall
37 place the matter on the Commission’s agenda within 45
38 working days from the date of the written notice of appeal.
39 The meeting at which the appeal is placed on the agenda
40 shall be no later than 60 working days from the date of the
41 written notice of appeal.
42
43 Consideration of the appeal by the City Commission shall
44 be de novo review. The City Commission shall be required
45 to apply the applicable standards and criteria set forth in
46 this ordinance.
- 15 -
1
2 A decision of the City Commission may be appealed to a
3 court of competent jurisdiction within thirty (30) days after
4 the hearing at which the decision is announced.
5
B. Historic District or Properties Designation.
6
7
1. General.
8
9
a. Purpose and Intent.
10 The purpose and
11 intent of this subsection is to set forth a uniformed
12 procedure, well-defined application process, and
13 information when designating a district as “historic”
14 as defined in these Land Development Regulations.
15
b. Applicability.
16 This application shall be
17 applicable to all improved property that meets the
18 criteria of Chapter 4, Article IX, Section 6.C.
19 Applications for historic designation may be
20 initiated by only the following:
21
22 (1) Historic Resources Preservation
23 Board, herein referred to as “Board” (see
24 Chapter 1, Article VII, Section 4).
25
26 (2) City Commission.
27
28 (3) A property owner for designation of
29 a Site.
30
31 (4) A simple majority of property
32 owners within the proposed District under
33 consideration for designation.
34
35 For District designations, each Property
36 shall be allotted one (1) vote. The identity
37 of the property owners shall be determined
38 by the most current Palm Beach County Tax
39 Rolls.
40
41 Only the Board or the City Commission may initiate
42 designation of a property or district owned by the
43 City, County, State or by an entity created by state
44 law.
45
c. Terms and Definitions.
46 See Chapter 1,
- 16 -
1 Article II for definitions and terms associated with
2 historic preservation.
3
2. Submittal Requirements.
4 Nominations for
5 historic designations shall be made only on application
6 forms approved by the Board.
7
3. Review Criteria.
8 See Chapter 4, Article IX,
9 Section 6.C. for the review criteria applicable to
10 designating a district as historic.
11
4. Approval Process.
12
13
a. Board Agenda.
14 Following staff
15 determination that an application for designation is
16 complete; the application shall be scheduled for a
17 public hearing by the Board.
18
b. Board Public Hearing Notice.
19 The
20 Board shall advertise and hold a public hearing in
21 accordance with the following public noticing
22 requirements:
23
24 (1) For the proposed designation of an
25 individual site, the applicant, at least ten
26 (10) calendar days prior to the date set for
27 the public hearing, shall:
28
29 (a) Mail a notice of the time,
30 place and subject matter of the public
31 hearing to any owner of abutting or
32 adjacent property as determined by
33 the Historic Preservation Planner.
34
35 (b) Post one (1) sign for each
36 street frontage of the property in a
37 prominent location.
38
39 (2) For the proposed designation of a
40 historic district, the applicant(s), at least ten
41 (10) calendar days prior to the date set for
42 the public hearing, shall:
43
44 (a) Mail a notice of the time,
45 place and subject matter of the
46 hearing to any owner of real property
- 17 -
1 within 400 feet of district subject to
2 potential designation,
3
4 (b) Post signs in prominent
5 locations along public streets at the
6 outer boundaries of the proposed
7 district in such a manner as will
8 assure that the signs will be seen by
9 as many affected property owners as
10 possible
11
12 Signs shall be legible from a distance of 100 feet
13 and shall contain a description of the approval being
14 sought, the date, time and location of the hearing,
15 and a statement that the application being
16 considered is available for inspection in the
17 Development Department of the City of Boynton
18 Beach. Minimum sign size shall be 24” wide by
19 18” high.
20
c. No Action Permitted During Pendency.
21
22 During the period that a designation
23 application is pending, no changes to the property
24 or district shall be made unless first approved by the
25 Board. The application is considered “pending”
26 until the final decision on the designation is made
27 by the City Commission.
28
d. Board Recommendations.
29 The Board
30 shall make a recommendation as to the proposed
31 designation at the public hearing, based on findings
32 of fact which support the recommendation. The
33 Board’s recommendation shall be reduced to
34 writing within 15 working days after the hearing
35 date. If the Board votes to recommend approval, it
36 will forward the application with recommendations
37 to the City Commission. If the Board recommends
38 denial, no further action is required unless an
39 applicant, or not less than two-thirds of the affected
40 property owners (in the case of a District), appeals
41 to the City Commission. In such event the City
42 Commission may reconsider designation or require
43 the Board to do so.
44
e. City Commission Decision.
45 Following the
46 Board hearing, a designation application with a
- 18 -
1 Board recommendation for approval shall be
2 scheduled for hearing by the City Commission. The
3 City Commission may approve or deny the
4 designation application. Alternatively, the City
5 Commission may approve the designation with
6 conditions or delay designation for up to one (1)
7 year. The City commission shall make written
8 findings of fact on which its decision is based.
9
f. Boynton Beach Register of Historic
10
Places.
11 A Resource designated by the City
12 Commission as historic shall be listed in the
13 Boynton Beach Register of Historic Places. The
14 Register shall be updated periodically and the
15 inventory material will be open to the public.
16 Inventory materials shall be compatible with the
17 Florida Master Site File and duplicates of all
18 inventory materials will be provided to the State
19 Historic Preservation Office. Resources listed in, or
20 eligible for listing in the National Register or on the
21 Boynton Beach Register of Historic Places, either as
22 a Property or as a Contributing Property within a
23 District, may be entitled to modified enforcement of
24 the City’s applicable building and zoning codes, if
25 in accord with the Design Guidelines Handbook.
26
g. Designation Recorded.
27 The historic
28 designation ordinance shall be recorded in the
29 Official Records of Palm Beach County.
30 Boundaries for historic districts and individual
31 properties identified in the ordinance shall be
32 clearly established. The designation shall be noted
33 in the official records of the City’s Planning &
34 Zoning and Building Departments to ensure that all
35 City actions taken in connection with the subject
36 property or district are taken subject to the
37 designation.
38
h. Historic District Street Signs.
39 For
40 Districts, the City shall erect standardized street
41 signs identifying the District within two (2) years
42 from the date of such designation, subject to
43 economic feasibility. The design shall be first
44 approved by the Board.
45
C. Historic Preservation Property Tax Exemption
46
- 19 -
Application.
1
2
1. General.
3
4
a. Purpose and Intent.
5 The purpose and
6 intent of this subsection is to set forth a uniformed
7 procedure, well-defined application process, and
8 information to guide in the review of Historic
9 Preservation Property Tax Exemption submittals.
10
b. Applicability.
11 This application shall be
12 applicable to all improved property that meets the
13 criteria of Chapter 4, Article IX, Section 6.E.
14
c. Terms and Definitions.
15 See Chapter 1,
16 Article II for definitions and terms associated with
17 historic preservation.
18
2. Submittal Requirements.
19 See Chapter 4, Article
20 IX, Section 6.E for the submittal requirements of this
21 application.
22
3. Review Criteria.
23 See Chapter 4, Article IX,
24 Section 6.E. for the review criteria applicable to the
25 Historic Preservation Property Tax Exemption.
26
4. Approval Process.
27 An application for historic
28 designation shall be conducted in accordance with the
29 procedures set forth in Chapter 4, Article IX, Section 6.E.
30
Section 7. Other Applications.
31
32
A. Certificate of Conformity…
33
B. Lot Line Modification…
34
C. Mobile Vendor Approval…
35
D. Modification to Development Order…
36
E. Sidewalk Café Approval…
37
F. Wireless Communication Facilities (WCF)…
38
G. Zoning Verification…
39
40
PART III (LDR), CHAPTER 2, ARTICLE IV BUILDING DIVISION SERVICES
41
42
Section 1. General…
43
Section 2. Building Permit.
44
45
A. General…
46
- 20 -
B. Submittal Requirements…
1
C. Review Criteria…
2
D. Approval Process…
3
E. State of Florida Fees…
4
5
F. Miscellaneous.
6
7
1. Revocation of Permits…
8
9
2. Certificate of Occupancy.
10 No building or
11 structure hereafter erected or structurally altered shall be
12 issued a certificate of occupancy until the Building Official
13 makes a finding that the building or structure has been
14 erected or structurally altered in conformance with the
15 provisions of this ordinance, and of all other applicable
16 ordinances. Upon the issuance of a certificate of
17 occupancy, an improved site must be maintained in
18 compliance with the approved site plan.
19
Part III (LDR), Chapter 3, Article III ZONING DISTRICT AND OVERLAY
20
ZONES
21
22
Section 1. Overview.
23
24
A. General…
25
B. Residential Building and Site Regulations (Table 3-1).
26
27
28
29
30
31 See next page
32
33
- 21 -
1
2
3
C. Non-Residential Building and Site Regulations (Table 3-
4
2)…
5
- 22 -
D. Mixed-Use Suburban Building and Site Regulations
1
(Table 3-3)…
2
3
4
5
6
7
- 23 -
E. Mixed-Use Urban Building Site and Site Regulations
1
(Table 3-4).
2
3
MIXED USE, URBAN
MU-L1 MU-L2 MU-L3 MU-H
Lot Area, Minimum (acres):
Public park: N/A N/A N/A N/A
All other uses: 0.50 0.75 1 1
12
Lot Frontage, Minimum (feet): 100 100 150 200
Structure Height, Minimum
30 30 30 30
(feet):
Maximum Building / Structure Height (HT), Density (DU), and Floor-Area-Ratio (FAR):
Classification of project frontage
on type of roadway:
53355, 6
HT DU FAR HT DU FAR HT DU FAR HT DU FAR
65 / 75 / 3.0/ 150/
Arterial: 45 20 1.0 30/40 2.0/2.5 40 80 4.0
333
100 100 3.5 125
Collector: 45 20 1.0 65 30/40 2.0/2.5 75 40 3.0/3.5 125 80 4.0
Local collector: 45 20 1.0 45 30/40 2.0/2.5 55 40 3.0 55 60 3.5
4
Local: 45 20 1.0 45 30/40 2.0/2.5 45 20 1.0 45 20 1.0
Building Setbacks Build-to-line
11
(feet):
10 1010 1010 1010 10
Front abutting a public right-of-way 0 to 10 0 to 10 0 to 10 0 to 15
10101010
Rear: 0 0 0 0
10101010
Interior side: 0 0 0 0
Building Setbacks, Minimum
11
(feet):
1213
Rear abutting :
7 8777
Residential single family: 25/ 0 25 25 25
99
Intracoastal waterway: 25 25 0 0
12121212
All other uses: 10 10 10 10
1213
Side abutting :
7 7, 8777
Residential single family: 25/ 0 25 25 25
12121212
All other uses: 10 10 10 10
Usable Open Space, Minimum
13 14
2%
(square feet):
4
5
1.May be reduced if frontage extends from right-of-way to right-of-way line.
6
2.Minimum of 50 feet, if frontage is on a collector/local collector roadway.
7
3.For property abutting the MU-H district located west of US 1, the area of increases in height, density and FAR shall extend a distance of
8
100 feet from the MU-H zoning district line and shall require conditional use approval. For properties abutting the MU-H district located
9
east of US 1, the area of increase for height shall extend a distance of 100 feet from the MU-H zoning district line and shall require
10
conditional use approval; however, no increases in density and FAR are allowed. Must also have principal frontage on Arterial roadway.
11
4.Must also have frontage on local collector or higher roadway classification.
12
5.Maximum height on any street frontage is 40 feet. Maximum height on Intracoastal Waterway is 35 feet. Heights may require reduction
13
where adjacent to a single-family zoning district where necessary to achieve the compatibility requirements of these regulations.
14
6.Maximum height reduced to 125 feet for the entire project where property abuts any MU-L or residential zoning district not separated by a
15
right-of-way.
16
7.Plus one additional foot for each foot of height over 35 feet.
17
8.Where there is an intervening right-of-way of at least 40 feet.
18
9.Subject to permitting agency approval.
19
10.Sidewalk of at least 10 feet required. Setback may be greater if public plaza/gathering space is provided. Buildings and structures shall be
20
located no farther than zero (0) feet from the property line, excluding those instances where strict adherence hereto would cause visual
21
obstructions to vehicular traffic, particularly within the triangular-shaped area of property formed by the intersection of two (2) rights-of-
22
way. See Section 5.C.2 below for additional relief provisions from build-to line requirements.
23
11.Listed eligible Historic structures are not required to meet these standards.
24
12.The ultimate setback is also a factor of height and application of the Sky Exposure Plane in accordance with Section 5.C.3 below.
25
13.Usable open space shall be required for all developments two (2) acres in size or larger. A minimum of two percent (2%) of the site shall
26
be devoted to usable open space, consisting of plazas or public open space, excluding private recreation. See Chapter 4, Article III, Section
27
8 for additional regulations.
28
12.Reduction in setback may be allowed if void of negative impacts on adjacent use or on development potential of adjacent property.
- 24 -
1
13.The ultimate setback is also a factor of height and application of the Sky Exposure Plane in accordance with Section 5.C.2 below.
2
14.Usable open space shall be required for all developments two (2) acres in size or larger. A minimum of two percent (2%) of the site shall
3
be devoted to usable open space, consisting of plazas or public open space, excluding private recreation. See Chapter 4, Article III, Section
4
3.B. for additional regulations.
5
Section 2. Residential Districts.
6
7
A. R-1-AAB SINGLE-FAMILY RESIDENTIAL
8
DISTRICT…
9
B. R-1-AA SINGLE-FAMILY RESIDENTIAL
10
DISTRICT…
11
C. R-1-A. SINGLE-FAMILY RESIDENTIAL
12
DISTRICT…
13
D. R-1 SINGLE-FAMILY RESIDENTIAL
14
DISTRICT…
15
E. R-2 SINGLE AND TWO-FAMILY RESIDENTIAL
16
DISTRICT...
17
F. R-3 MULTI-FAMILY RESIDENTIAL
18
DISTRICT…
19
20
G. IPUD INFILL PLANNED UNIT DEVELOPMENT
21
DISTRICT
22 .
23
1.General…
24
2. Use(s) Allowed…
25
3. Building and Site Regulations (Table 3-11)…
26
4. Review and Approval Process…
27
5. Parking…
28
6. Modifications…
29
30
7. Miscellaneous.
31
32
a…
33
34
b.
35 See Chapter 4, Article III, Section 4 3.J for
36 additional community design standards regarding
37 required site design in instances where the subject
38 IPUD project is adjacent to single-family residential
39 zoning districts.
40
c…
41
d…
42
e…
43
f…
44
g…
45
h…
46
47
- 25 -
Section 3. Commercial Districts…
1
Section 4. SMU MIXED-USE SUBURBAN DISTRICT.
2
3
A. General…
4
B.Use(s) Allowed…
5
C. Additional Use Regulations…
6
7
D. Building and Site Regulations.
8
9
1. Building and Site Regulation (Table 3-20).
10
11
12
- 26 -
1
2. Building Height Measurement…
2
3. Height Setback Envelope…
3
4
E. Review and Approval Process…
5
6
F. Parking.
7 Required off-street parking is regulated in
8 accordance with Chapter 4, Article V Minimum Off-Street Parking
9 Requirements. See Chapter 4, Article III, Section 6.F.4 for
10 additional community design standards pertaining to off-street
11 parking.
12
1. Freestanding Parking Garages.
13 As required by
14 Chapter 4, Article III, Section 3.C.4.b.
15
2. Building Integrated Garages
16 . As required by
17 Chapter 4, Article III, Section 3.C.4.c.
18
3. Off-Street Parking Facilities.
19 The SMU
20 district contains additional standards relative to location
21 and appearance of off-street parking facilities. Refer to
22 Chapter 4, Article III, Section 3.C.4 for these additional
23 development standards.
- 27 -
1
G. Modifications…
2
H. Miscellaneous…
3
4
Section 5. Mixed-Use (Urban) Districts…
5
6
A. General…
7
B. Use(s) Allowed…
8
C. Building and Site Regulations.
9
- 28 -
MIXED USE, URBAN
MU-L1 MU-L2 MU-L3 MU-H
Lot Area, Minimum (acres):
Public park: N/A N/A N/A N/A
All other uses: 0.50 0.75 1 1
12
Lot Frontage, Minimum (feet): 100 100 150 200
Structure Height, Minimum
30 30 30 30
(feet):
Maximum Building / Structure Height (HT), Density (DU), and Floor-Area-Ratio (FAR):
Classification of project frontage
on type of roadway:
53355, 6
HT DU FAR HT DU FAR HT DU FAR HT DU FAR
65 / 75 / 3.0/ 150/
Arterial: 45 20 1.0 30/40 2.0/2.5 40 80 4.0
333
100 100 3.5 125
Collector: 45 20 1.0 65 30/40 2.0/2.5 75 40 3.0/3.5 125 80 4.0
Local collector: 45 20 1.0 45 30/40 2.0/2.5 55 40 3.0 55 60 3.5
4
Local: 45 20 1.0 45 30/40 2.0/2.5 45 20 1.0 45 20 1.0
Building Setbacks Build-to-line
11
(feet):
10 1010 1010 1010 10
Front abutting a public right-of-way 0 to 10 0 to 10 0 to 10 0 to 15
10101010
Rear: 0 0 0 0
10101010
Interior side: 0 0 0 0
Building Setbacks, Minimum
11
(feet):
1213
Rear abutting :
7 8777
Residential single family: 25/ 0 25 25 25
99
Intracoastal waterway: 25 25 0 0
12121212
All other uses: 10 10 10 10
1213
Side abutting :
7 7, 8777
Residential single family: 25/ 0 25 25 25
12121212
All other uses: 10 10 10 10
Usable Open Space, Minimum
13 14
2%
(square feet):
1
1. Building and Site Regulation (Table 3-21).
2
3
- 29 -
1
2
3
2. Minor and Major Variations to Build-to
4
Line Requirements.
5 Notwithstanding the required
6 build-to line requirement of Note #10 above,
7 portions of buildings and structures may be
8 constructed in excess of the distance specified in the
9 above table, but not to exceed 15 feet in order to 1)
10 optimize landscape design; 2) maximize on-site
11 drainage solutions; 3) accommodate architectural
12 features and building enhancements; or 4) to
13 otherwise enhance public spaces such as sidewalks,
14 plazas, fountains, or outdoor seating areas in order
15 to further the purpose and intent of the Overlay
16 Zone. Major deviations from the build-to line
17 requirement above (in excess of 15 feet) may be
18 allowed, but only with sufficient justification and
19 contingent upon the approval of a Community
20 Design Appeal application (see Chapter 2, Article
21 II, Section 4.B).
22
3. Sky Exposure Plane…
23 2.
24
D. Review and Approval Process…
25
26
E. Parking
27 .
- 30 -
1
1. General Requirements…
2
2. Reduced Parking Requirements in MU-H
3
district
4 …
5
3. Off-Street Parking Facilities.
6 The Mixed
7 Use (Urban) districts contain additional standards relative
8 to location and appearance of off-street parking facilities.
9 Refer to Chapter 4, Article III, Section 6.F 3.C.3 for these
10 additional development standards.
11
F. Miscellaneous.
12
13
1. Access…
14
15
2. Building Location.
16 See Chapter 4, Article III,
17 Section 6 3.H.2.
18
3.Location of Dumpsters and Trash Receptacles…
19
4. Shade and Shelter.
20 See Chapter 4, Article III,
21 Section 6 3.H.3.
22
5.Sidewalks in MU-H District.
23 See Chapter 4,
24 Article III, Section 6 for community design standards
25 related to sidewalks VIII, Section D.
26
6.Landscape and Streetscape Design…
27
28
Section 6. Industrial Districts.
29
30
A. M-1 INDUSTRIAL DISTRICT.
31
32
1.General…
33
2. Use(s) Allowed…
34
35
3. Building and Site Regulations (Table 3-22)
36 .
37
BUILDING / SITE REGULATIONS
M-1 District
1
Minimum lot area: 10,000 s.f.
Minimum lot frontage: 0 feet
Minimum yard setbacks:
Front: 15 feet
2 1
Rear: 20 feet
Abutting: Residential district(s) 30 feet
- 31 -
3 2
Interior side: 15 feet
Abutting: Residential district(s) 30 feet
Corner side: 15 feet
Maximum lot coverage: 60%
4 3
Maximum Floor Area Ratio (FAR) 0.50
5 4
Maximum structure height: 45 feet
1
1
2 A property that does not meet this
3 minimum size shall be considered
4 conforming only if it contains a whole
5 platted lot and was not in combination with
6 other lots under the same ownership at the
7 time of the effective date of this ordinance
8 (October 2, 2012), in which the cumulative
9 size would have met the minimum required
10 by code. Any such undersized lots that are
11 further subdivided and reduced in size shall
12 be considered non-conforming pursuant to
13 Chapter 3, Article V, Section 11.
14
15
2 1
16 Where rear yard abuts a
17 railroad right-of-way or any paved alley, the
18 rear yard may be reduced to 10 feet.
19
3 2
20 Where rear yard abuts a
21 paved alley or street, then no side setback
22 shall be required.
23
4 3
24 A Floor Area Ratio (FAR) up
25 to 0.50 may be considered for industrial uses
26 allowed within the M-1 district (see “Use
27 Matrix” – Chapter 3, Article IV, Section
28 3.D), pursuant to the Industrial Future Land
29 Use classification of the Comprehensive
30 Plan.
31
5 4
32 Not to exceed four (4) stories.
33
Section 7. Miscellaneous Districts.
34
35
Section 8. Overlay Zones
36
37
A. URBAN CENTRAL BUSINESS DISTRICT
38
OVERLAY ZONE…
39
- 32 -
B. MARTIN LUTHER KING JR. BOULEVARD
1
OVERLAY ZONE
2 …
3
C. URBAN COMMERCIAL DISTRICT OVERLAY
4
ZONE
5 .
6
1. Intent…
7
2. Objectives…
8
3. Defined.
9 The Urban Commercial District Overlay
10 Zone (UCDOZ0 is established in the city redevelopment
11 plans as the geographical area defined by the following
12 boundaries:
13
a. Federal Highway Corridor Community
14
Redevelopment Plan
15 …
16
b. The Ocean District Community
17
Redevelopment Plan
18 …
19
c. Boynton Beach Boulevard Corridor
20 Plan.
21 The boundary is the commercially-zoned parcels
22 located along west Boynton Beach Boulevard, east
23 of Interstate 95, and west of Seacrest Boulevard.
24
4. Conflict…
25
5. Building and Site Regulations (Table 3-26).
26
27 Development within this Overlay Zone shall be in
28 accordance with building and site regulations applicable to
29 the underlying zoning district except as follows:
30
BUILDING SITE REGULATIONS
Urban Commercial District Overlay Zone
Build-to line:
1
Front (abutting any public right-of-way): 0 ft
1
Rear:
0 ft
1
Interior side:
0 ft
Minimum yard setbacks:
Rear (abutting residential district): 30 feet
Interior side (abutting residential district): 15 feet
2
Maximum structure height: Zoning
31
1
32 Buildings and structures shall be located no farther
33 than zero (0) feet from the property line, excluding those
34 instances where strict adherence hereto would cause visual
35 obstructions to vehicular traffic, particularly within the
- 33 -
1 triangular-shaped area of property formed by the
2 intersection of two (2) rights-of-way. Notwithstanding the
3 required build-to line requirement, portions of buildings
4 and structures may be constructed in excess of the distance
5 specified above, but not to exceed 15 feet when necessary
6 to 1) optimize landscape design; 2) maximize on-site
7 drainage solutions; 3) accommodate architectural features
8 and building enhancements; and/or 4) to otherwise enhance
9 public spaces such as sidewalks, plazas, fountains, or
10 outdoor seating areas in order to further the purpose and
11 intent of the Overlay Zone. Major deviations from the
12 build-to line requirement above (in excess of 15 feet) may
13 be allowed, but only with sufficient justification and
14 contingent upon the approval of a Community Design
15 Appeal application (see Chapter 2, Article II, Section 4.B).
16
2
17 Shall be defined by the applicable zoning district.
18
19
20
BUILDING / SITE REGULATIONS
Urban Commercial District Overlay Zone
Minimum yard setbacks:
Front: 5 ft – 15 ft
1
Rear: Zoning
Interior side: 0 ft – 15 ft
Abutting: Residential district: 15 feet
Corner side:
10 ft – 15 ft
Maximum lot coverage: 40%
1
Maximum structure height: Zoning
21
1
22 Shall be defined by the applicable zoning
23 district.
24
6. Parking…
25
7. Miscellaneous.
26
27
a.Landscape and Streetscape Design…
28
29
b. Building Location.
30 See Chapter 4, Article
31 III, Section 6 3.H.2.
c. Shade and Shelter.
32 See Chapter 4, Article
33 III, Section 6 3.H.3.
34
D. OCEAN AVENUE OVERLAY ZONE (OAOZ)…
35
- 34 -
1
1. Purpose and Intent…
2
2. Defined…
3
3. Conflict…
4
4. Uses Allowed. ..
5
5. Building and Site Regulations (Table 3-27).
6
7 Development within this Overlay Zone, including
8 proposed expansions and additions to existing structures
9 shall be in accordance with the building and site regulations
10 as follows:
11
BUILDING / SITE REGULATIONS
1
Ocean Avenue Overlay Zone
(Single Lot Depth)
Minimum lot area: 5,000 s.f.
Minimum lot frontage: 50 feet
Build-to-line Maximum build-to line:
2
Front: 5 ft – 15 ft
2
Corner side:
5 ft – 15 ft
Minimum yard setbacks:
Rear: 10 feet
3
Abutting: Residential district: 20 feet
4
Interior side: 7.5 feet
Abutting: Historic structures: 10 feet
Maximum lot coverage: 65%
5
Maximum structure height: 35 feet
(Double Lot Depth)
All new developments with double lot depth shall be
constructed in accordance with the Mixed-Use Low
Intensity (MU-L1) zoning district building and site
regulation Table 3-21 in Section 5.C above, except as
contained herein.
See “Single-Lot Depth” above for all proposed
expansions or additions to existing structures.
5
Maximum structure height: 35 feet
12
13
6.Accessory Structures…
14
7. Parking…
15
8.Landscape and Streetscape Design…
16
9. Building Design.
17
10. Signage and Exterior Lighting Standards…
18
- 35 -
1
Section 9. Penalties…
2
3
PART III (LDR), CHAPTER 3, ARTICLE IV USE REGULATIONS
4
5
Section 1. Operational Performance Standards…
6
7
A.Noise
8 . No use shall be carried out in any zoning district so
9 as to create sound which is in violation of Part II, Section 15-8 of
10 the City of Boynton Beach Code of Ordinances. Any use wherein
11 floorshows or other forms of entertainment consisting of one (1) or
12 more persons, amplified or non-amplified sound, are provided
13 indoors or outdoors, including but not limited to entertainment
14 provided by a disc jockey (DJ), master of ceremonies (MC),
15 karaoke, or the like shall be subject to the Live Entertainment
16 Permit requirement of Part II (City Code of Ordinances), Chapter
17 13, Article IV, Section 13-80.
18
Section 2. Hazardous / Toxic Waste and Substances…
19
Section 3. Use Regulations…
20
21
Section 4. Conditional Uses.
22
23
A. Applicability...
24
B. Definition…
25
26
C.Standards for Evaluating Conditional Uses.
27 In
28 evaluating an application for conditional use, the Board and
29 Commission shall consider the effect of the proposed use on the
30 general health, safety, and welfare of the community and make
31 written findings certifying that satisfactory provisions has been
32 made concerning all of the following standards, where applicable:
33
1…
34
2…
35
3…
36
4
37 …
5…
38
6…
39
7…
40
8…
41
9…
42
10…
43
44
- 36 -
11.
1 Where applicable, the proposed use furthers the
2 purpose and intent of a corresponding mixed use zoning
3 district or redevelopment plan; and
4
12.
5 Compliance with, and abatement of nuisances and
6 hazards in accordance with the Operational Performance
7 Standards as indicated in Chapter 3, Article IV, Section 1
8 and the Noise Control Ordinance, Part II, Chapter 15,
9 Section 15.8 of the Boynton Beach Code of Ordinances.;
10 and
11
12 A sound impact analysis shall be required for new or
13 expanding bar, nightclub or similar uses when involving
14 property within 300 feet of a residential district. The
15 analysis shall include mitigating solutions that would
16 reduce or eliminate any potential for off-site nuisance
17 conditions. Depending on the size of the proposed use, the
18 distances to and level of compatibility with adjacent land
19 uses, the sound analysis may be required to include
20 information, diagrams and sketches indicating the types and
21 locations of proposed sound emitting equipment, speaker
22 orientations, maximum output, building or site design
23 intended to mitigate sound impacts, and any operational
24 standards including an affidavit documenting maximum
25 sound limits to be maintained based on the findings of the
26 analysis.
27
28 A live entertainment permit shall be required if for a
29 bar/nightclub use pursuant to the requirements of proposes
30 live entertainment as defined in Chapter 3, Article IV,
31 Section 1.a, and Part II (Code of Ordinances), Chapter 13,
32 Article IV, Section 13-80.
33
13.
34 Required sound study and analysis. All conditional
35 use applications for bars, nightclubs and similar
36 establishments shall include the following analysis
37 performed by a certified acoustic engineer, unless a Live
38 Entertainment Permit is applied for and received in
39 accordance with Chapter 13, Article III “Live
40 Entertainment Permit” (13-80):
41
a.
42 Data on the sound emitting
43 devices/equipment and the methods and materials to
44 be used to assure that the acoustic level of the City
45 Code will be met;
46
- 37 -
b.
1 The analysis shall specify the authority
2 and/or basis for determination of the acoustic level
3 of the sound emitting devices/ equipment;
4
c.
5 The analysis of any sound retention,
6 reduction or reflection shall include information
7 such as the nature, types and coefficients of sound
8 absorbent and sound-reflecting materials to be used,
9 coatings of the surfaces of ceilings, walls, windows,
10 and floors and insulation to be used; and / or
11
d.
12 It shall also verify that sound standards shall
13 be met during the normal opening of doors for
14 people entering and exiting the establishment.
15
PART III (LDR), CHAPTER 3, ARTICLE V SUPPLEMENTAL REGULATIONS
16
17
Section 1. General…
18
19
Section 2. Walls and Fences.
20
21
22 Walls and fences are allowed in all zoning districts within all required
23 yards and shall be regulated as follows:
24
A. Location and Height…
25
B. Cross-Visibility and Safe Sight…
26
27
C. Design.
28 Walls and fences shall be symmetrical in
29 appearance with columns and posts conforming to a definite
30 pattern and size of uniform design and separation. The wall or
31 fence shall be kept in good repair and be continuously maintained
32 in its original appearance. All walls and fences shall be erected
33 with the finished side facing adjacent properties. The face of any
34 fence or wall visible to the public shall also be finished.
35
- 38 -
1
2
3 The exterior surface of a wall shall be finished with paint, stucco,
4 or other commonly accepted material. See Chapter 4, Article III,
5 Section 3.E for additional standards regarding the appearance of
6 walls and fences.
7
D. Dangerous Materials…
8
E. Attachments…
9
F. Construction Sites…
10
G. Easements…
11
H. Buffer Walls…
12
I. Low Voltage Security Fencing…
13
14
Section 3. Common Building Appurtenances, Freestanding
15
Structures, and Site Amenities, Excluding Walls and Fences.
16
17
A. Building Appurtenances…
18
19
B. Decks, Patios, Steps, Stoops, and Terraces (Unenclosed
20
and Uncovered).
21 Unless otherwise regulated by a master plan or
22 site plan for a planned development, unenclosed and uncovered
23 decks, patios, steps, stoops, and terraces less than or equal to one
24 (1)-foot in height shall be setback at least two (2) feet from any
25 property line. Those with heights between greater than one (1)
26 foot but less than or equal to and three (3) feet shall be setback at
27 least three (3) feet from any property line. In both instances, they
28 shall be maintained and drained so as to prevent nuisance
29 conditions to the public and/or abutting property owners. Decks,
30 patios, steps, stoops, and terraces greater than three (3) feet in
31 height shall comply with the minimum setbacks required for the
32 principal building. Driveways for residential off-street parking
33 areas shall be regulated in accordance with Chapter 4, Article V,
34 Section 2.B.
35
- 39 -
C. Screened-Roof Enclosures…
1
D. Swimming Pools and Spas…
2
3
Section 4. Sale of Used Merchandise…
4
Section 5. Exterior Display of Merchandise…
5
Section 6. Special Sales Event…
6
Section 7. Seasonal Sales Event…
7
Section 8. Permanent Exterior Storage of Merchandise and
8
Equipment.
9
10
A. Purpose and Intent…
11
B. Districts…
12
C. Site Plan Required…
13
14
D. Type of Merchandise / Equipment.
15 The
16 permanent exterior storage of retail merchandise or equipment is
17 allowed, provided that said merchandise / equipment is owned by
18 the operator of the respective business occupying the
19 establishment, and is of the same type of merchandise or
20 equipment typically sold or stored within the principal building.
21 No exterior storage of building or construction materials shall be
22 allowed anywhere, except for that which is stored in connection
23 with a lawfully operating business (e.g., C) as provided
ONTRACTOR
24 for in Chapter 3, Article IV, Section 3.
25
E. On-Site Location…
26
FSize…
27 .
G. Screening...
28
29
Section 9. Sidewalk Cafés…
30
Section 10. Mobile Vendor Regulations…
31
Section 11. Nonconforming Regulations.
32
33
A. Lots and Parcels.
34
35
1. R-1 district, R-1A district, R-2 district, and R-3
36
district..
37
2.R-2 district
38 …
3.R-1AA district…
39
4. R-1AAB district…
40
5. Densities
41 …
6.Minimum Development Regulations
42 .
43 Nonconforming lots which may be developed
44 without requiring the approval of a variance, and which lie
45 in residential districts, shall meet the minimum property
46 development regulations that are generally applicable in the
- 40 -
1 district; except, however, that the minimum setbacks shall
2 be as follows:
3
…
4
5
7. Nonresidential Districts.
6
7
a. Generally.
8 In nonresidential districts,
9 additional floor area and / or expansions to
10 nonconforming buildings and structures are
11 allowed, provided that the development meets all
12 district setbacks. In nonresidential zoning districts,
13 excluding M-1 Light Industrial, if both the lot area
14 and lot frontage are not less than 85% of that
15 required for the particular district, then structures
16 and floor area may be added and the use may be
17 changed from a residential to a nonresidential use
18 on a nonconforming lot, without requiring the
19 approval of a variance for the lot area or lot
20 frontage. If either the lot area or lot frontage is less
21 than 85% of that required for the particular district,
22 then approval of a variance would be shall be
23 required in order to add structures or add floor area
24 to existing buildings or to change the use from a
25 residential to a nonresidential use. Improvements
26 which do not add structures or floor area or change
27 the use of the property shall be permitted, regardless
28 of lot size or frontage. For nonconforming lots
29 which are vacant or are proposed to be cleared and
30 redeveloped, approval of a variance shall be
31 required prior to the construction of any structures
32 or establishment of any use on the lot or parcel.
33
34 The value of buildings shall be determined from the
35 latest tax rolls on file at the Palm Beach County
36 Property Appraiser's Office.
37
b. M-1 District.
38 A property that does not meet
39 the minimum lot size required by Chapter 3, Article
40 III, Section 6.A.3 shall be considered conforming
41 only if it contained a whole platted lot prior to the
42 effective date of this ordinance (October 2, 2012),
43 and was not in combination with other in which the
44 cumulative size would have met the minimum
45 required by code.
46
- 41 -
c. Landscaping.
1 All developed or redeveloped lots
2 zoned M-1 or C-4 and determined to be valid
3 nonconforming lots relative to minimum lot area standards
4 shall provide landscaping on-site that meets the intent of
5 the urban landscape code to the maximum extent feasible
6 (see Chapter 4, Article II, Section 4.B).
7
B. Buildings and Structures…
8 .
9
PART III (LDR), CHAPTER 4, ARTICLE I ENVIRONMENTAL PROTECTION
10
STANDARDS
11
12
ARTICLE I ENVIRONMENTAL PROTECTION STANDARDS
13
14
Section 1. General…
15
Section 2. City Approval Required…
16
Section 3. Preservation Principals…
17
Section 4. Standards…
18
19
A. General…
20
B. Preservation Efforts…
21
22
C. Mitigation of Existing Trees (Table 4-1 Mitigation of
23
Existing Trees).
24 All existing trees that are not preserved in
25 place or relocated on-site shall be mitigated in connection with a
26 land development permit. The equivalent replacement for existing
27 trees shall be based on caliper dimension or type of tree as
28 indicated in the table below:
29
Type of Replacement Tree
Type of Existing
Canopy Tree Canopy Tree Large Palm Small &
1
Tree
Tree
(< 24” Caliper) (> 24” Caliper) Medium Size
Palm Trees
Canopy Tree
223
1 tree 1 tree 2 trees 3 trees
(< 24” Caliper)
Canopy Tree
223
1 tree 1 tree 4 trees 3 trees
(≥ 24” Caliper)
Large Palm Tree 1 tree 1 tree 1 tree 3 trees
Small & Medium
1 tree 1 tree 1 tree 1 tree
Size Palm Trees
30
1
31 Large palm trees are those species, such as Florida Royal,
32 Canary Island Date, or any other palm species determined by staff
33 to provide similar or greater shading compared to a canopy tree.
34
- 42 -
2
1 The cumulative caliper inches of existing trees to be
2 removed shall be replaced on-site with an equal or greater number
3 of caliper inches of a replacement canopy tree or trees.
4
3
5 A cluster of three (3) small or medium size palm trees shall
6 be the equivalent replacement of one (1) canopy tree up to a size of
7 24 caliper inches. One additional cluster of palm trees shall be
8 required for each increment of four (4) caliper inches (the common
9 mathematical rule of rounding shall be used when tabulating
10 partial increments). For canopy trees having a trunk size equal to
11 or greater than 24 caliper inches, no more than 50% of the caliper
12 inches of the replaced canopy tree shall be substituted with palm
13 species.
14
PART III (LDR), CHAPTER 4, ARTICLE II LANDSCAPE DESIGN AND
15
BUFFERING STANDARDS
16
17
ARTICLE II LANDSCAPE DESIGN AND BUFFERING STANDARDS
18
19
Section 1. General…
20
Section 2. City Approval Required…
21
Section 3. Landscape Design Principles…
22
23
Section 4. Standards.
24
25
A. City-Wide Standards.
26 The following standards shall
27 apply to all properties in the City, except for those exempted in
28 Section 1.E of this article:
29
1. Native and Drought Tolerant Species…
30
2.Prohibited Species…
31 .
32
3.Plant Material…
33
34
a.Trees…
35
36
37 (1) Signature Tree…
38
39 (2) Species. The minimum number
40 of different species of trees provided shall
41 be as follows:
42
43 (i) Table 4-2 1 Tree Species…
44 (ii) Signature trees…
45 (iii) Small and medium palm
46 Palm species, in a cluster of three (3)
- 43 -
1 trees with varying heights, shall
2 represent the equivalent of one (1)
3 canopy tree or large palm tree. For
4 the purposes of this subsection, large
5 palm trees are those species, such as
6 Florida Royal, Canary Island Date,
7 or any other palm species determined
8 by staff that has the same
9 visual/shading effect as that of a
10 canopy tree.
11
12 (iv) No more than 50% of
13 required trees on a lot within
14 commercial or mixed-use zoning
15 districts shall be comprised of palm
16 species.
17
b. Shrubs and Hedges…
18
c. Vines…
19
d. Lawn…
20
21
4. Existing Plant Material…
22
5.Water Source…
23
6. Irrigation…
24
7.Installation…
25
8. Mulch (Non-living Plantings)…
26
9.Upland Buffer / Littoral Plantings…
27
10. Landscaping within Easements…
28
11. Landscaping within Rights-of-Way…
29
30
12.Landscaping within Off-Street Parking Lots…
31
32
a. Required Landscaping…
33
b. Tree Size and Type…
34
c. Large Islands…
35
d. Small Islands…
36
e. Plantings…
37
f. Cross Visibility…
38
g. Lighting…
39
40
h. Entrances/Exits.
41 Design emphasis shall
42 be given to the entrances and exits to parking areas
43 through the use of landscaping unless otherwise
44 determined by staff to be contrary to the design
45 objectives and principles of this article and/or
46 Chapter 4, Article III.
- 44 -
1
13.Maintenance...
2
14. Cross-Visibility and Safe-Sight…
3
15. Raised Planters…
4
16. Maximum Height of Hedges…
5
17. Soils…
6
18. Pesticides…
7
19. Crime Prevention Through Environmental
8
Design (CPTED)…
9
10
20. Non-Conforming Lots.
11 All developed or
12 redeveloped lots zoned M-1 or C-4 and determined to be
13 valid nonconforming lots relative to minimum lot area
14 standards shall provide landscaping on-site that meets the
15 intent of the urban landscape code of Section 4.B below to
16 the maximum extent feasible.
17
B. Urban Landscape Code.
18
19
1. General.
20
21
a. Applicability.
22 The “urban landscape
23 code” shall apply to all properties currently zoned
24 Central Business District (CBD), any properties
25 located within the Mixed Use (urban) districts (see
26 Chapter 3, Article III, Section 5), the Infill Planned
27 Unit Development (IPUD) district (see Chapter 3,
28 Article III, Section 2.G.), or any commercially-
29 zoned properties located within the Urban
30 Commercial District Overlay Zone (see Chapter 3,
31 Article III, Section 8). All developed or
32 redeveloped lots zoned M-1 or C-4 and determined
33 to be valid nonconforming lots relative to minimum
34 lot area standards shall provide landscaping on-site
35 that meets the intent of the urban landscape code to
36 the maximum extent feasible.
37
b. General Rules…
38
39
2. Landscape Strip Abutting Rights-of-Way…
40
3. Perimeter Landscape Buffers.
41
42
a. General…
43
b. Performance Standards…
44
45
- 45 -
c. Design Standards.
1 Perimeter landscape
2 buffers shall be applied and designed as follows:
3
4 (1) Table 4-3 2. Urban Landscape
5 Buffer (Type 1).
6
7 (2) Table 4-4 3. Urban Landscape
8 Buffer (Type 2).
9
10 (3) Table 4- 5 4. Urban Landscape
11 Barrier.
12
13 (4) Notes…
14
d. Exceptions (Cross Access)…
15
16
e. Along Florida East Coast Railroad…
17
f. Miscellaneous…
18
19
4. Interior Open Space.
20 See usable open space
21 requirements of the Infill Planned Unit Development
22 (IPUD) zoning district in Chapter 3, Article III, Section 2.G
23 4, Article III, Section 3.B.
24
5. Streetscape Design…
25
26
C. Suburban Landscape Code.
27
28
1. General…
29
2. Landscape Strip Abutting Rights-of-Way…
30
31
3. Perimeter Landscape Buffers.
32
33
a. General…
34
35
b. Standards.
36 Perimeter landscape buffers
37 shall be applied and designed as follows:
38
39 (1) Table 4-6 5. Suburban Landscape
40 Buffer (Type 1).
41
42 (2) Table 4-7 6. Suburban Landscape
43 Buffer (Type 2).
44
45 (3) Table 4-8 7. Suburban Landscape
46 Buffer (Type 3).
- 46 -
1
2 (4) Table 4-9 8. Suburban Landscape
3 Barrier
4
5 (5) Notes…
6
c. Exceptions (Cross Access)…
7
d. Along Florida East Coast Railroad…
8 .
e. Miscellaneous…
9
10
4. Interior Open Space…
11
12
a. Multi-family and Planned
13
Developments…
14
15
b.SMU Suburban Mixed Use District.
16
17 See usable open space requirements of the
18 Suburban Mixed Use (SMU) district in Chapter 3,
19 Article III, Section 4 Chapter 4, Article III, Section
20 3.B.
21
c. PID Planned Industrial District…
22
23
Section 5. Alternate Compliance.
24
25
A. General…
26
27
1. Purpose and Intent…
28
2. Administration…
29
3.Applicability...
30
31
4. Nonconforming Lots.
32 All developed or
33 redeveloped lots zoned M-1 or C-4 and determined to be
34 valid nonconforming lots relative to minimum lot area
35 standards shall provide landscaping on-site that meets the
36 intent of the urban landscape code of Section 4.B above to
37 the maximum extent feasible. An Alternative Landscape
38 Plan (ALP)may be utilized to consider spatial limitations,
39 limited visibility by the general public, and use
40 characteristics of the subject and adjacent properties.
41 Landscape design should emphasize canopy trees along the
42 perimeter of the site with hedge and groundcover plantings
43 only required between the building and any street right-of-
44 way. However, lots with a side corner yard abutting an
45 improved right-of-way and those abutting residentially
46 zoned property will be required to screen off-street parking
- 47 -
1 and storage areas with understory plantings in addition to
2 the canopy trees (the need for understory plantings may be
3 eliminated if adequate buffering is achieved with an
4 enhanced buffer wall, or where a wall would limit access
5 and prevent proper maintenance of landscaping materials).
6 On lots abutting the Florida East Coast (FEC) Railroad
7 right-of-way, landscaping in accordance with the
8 provisions of Chapter 4, Article II, Section 4.B.3.c shall be
9 provided. Where deficiencies occur due to site constraints,
10 other methods of landscaping (e.g., landscape cut-outs,
11 planter pots, hanging baskets, etc.) may also be
12 incorporated into the design to achieve site buffering as
13 intended by City standards.
14
B. Alternative Landscape Plan (ALP)…
15
16
Section 6. Community Design.
17
18
A. General.
19
20
1. Purpose and Intent…
21
2. Administration…
22
3. Applicability…
23
24
4. Relief from Standards.
25 Any deviation from these
26 landscape standards shall require a Community Design
27 Plan Appeal (CDPA), which is subject to review and
28 approval by the City Commission. A request for a CDPA
29 shall be reviewed in accordance with Chapter 2, Article II,
30 Section 4.B.
31
B. Foundation Landscaping Areas…
32
C.Plazas.
33 Plazas shall contain paved, open, and
34 landscaped areas. At least one (1) tree shall be planted for each
35 900 square feet of plaza area. Shade trees shall be planted within
36 the plaza area or along the periphery. See Chapter 4, Article III,
37 Section 7 3.B for additional regulations regarding plazas and open
38 space.
39
D. Drive-through Facilities.
40 Pursuant to Chapter 4, Article
41 III, Section 3.J Chapter 4, Article III, Section 3.A.10, drive-
42 through facilities shall not be allowed on any building facade that
43 directly faces a public or private right-of-way. Landscape material
44 may be used to provide additional screening to ensure that said
45 facilities, located on eligible building facades, are not visible from
46 abutting properties or rights-of-way (pubic and private). This
- 48 -
1 landscape screen shall consist of trees, shrubs, a berm, or a
2 combination thereof, necessary to achieve the desired buffering
3 effect.
4
E. Service Areas…
5
6
F. Mechanical Equipment.
7 If feasible, all above ground
8 mechanical equipment such as exterior utility boxes, meters, and
9 transformers shall be visually screened. Back-flow preventers
10 shall be painted to match the principal structure. See Chapter 4,
11 Article III, Section 3.I A.9 for additional regulations regarding the
12 screening of mechanical equipment.
13
G.Dumpster Enclosure…
14
H. Lift Stations…
15
I. Base of Signs…
16
J. Landscape Standards for Specific Uses…
17
18
Section 7. Penalties….
19
20
PART III (LDR), CHAPTER 4, ARTICLE III EXTERIOR BUILDING AND SITE
21
DESIGN STANDARDS
22
23
ARTICLE III. EXTERIOR BUILDING AND SITE DESIGN
24
STANDARDS
25
26
Section 1. General.
27
28
A. Purpose and Intent.
29 The purpose and intent of this
30 article is to provide important community design standards to
31 ensure that the site layout, design, building orientation, materials,
32 and appearance of new development or redevelopment promotes
33 an exterior design pattern that is functional, practical, equitable,
34 creative, of an aesthetic quality, and furthers the objectives of this
35 section and design principles of Section 2. Through enforcement
36 of this article, the local appointed and elected officials shall
37 determine the basic aesthetic character to be achieved in the
38 development of the community. The specific objectives of this
39 article are as follows:
40
1. Sense of Place.
41 Create a sense of permanence
42 and place by promoting development which respects and
43 contributes to the positive image of the city as a whole;
44
2.Focal Points.
45 Establish visual interest
46 through landmarks or focal points near major intersections,
- 49 -
1 points of interest, activity nodes, and / or prominent
2 gateways to the City;
3
3.Versatility.
4 Allow for buildings to be
5 adaptively reused without the need for extensive
6 remodeling or demolition, by designing them according to
7 classic architectural styles and principles, as opposed to
8 unique corporate themes, images, marketing strategies, or
9 “disposable” prototypes;
10
4.Desirability.
11 Sustain the comfort, health,
12 tranquility, and contentment of residents and attract new
13 residents by contributing to a desirable built environment;
14
5.Property Value.
15 Minimize incompatible
16 surroundings and visual blight which prevent orderly
17 community development and reduce community property
18 values;
19
6.Amenities.
20 Encourage and promote development
21 with amenities and various types of structures that provide
22 comfort, recreation, aesthetics, and protection from the
23 elements.
24
7.Sense of Community.
25 Foster civic pride and
26 community spirit by maximizing the positive contribution
27 of development to community attractions, gathering places,
28 and streetscape.
29
8. Sustainability.
30 To promote sustainable or
31 "green" building practices that conserve energy, water and
32 other natural resources, preserve local and global
33 environmental quality, strengthen the local economy,
34 promote human health and safety, create higher quality
35 enduring structures, and offer cost reductions in
36 maintenance, solid waste disposal, and energy.
37
B. Administration.
38 The Director of Planning and Zoning
39 shall have the authority to interpret and administer this article.
40
C. Applicability
41 . The provisions of this article shall
42 apply to all new construction, major modifications to existing sites
43 in connection with site plan review (Chapter 2, Article II, Section
44 2.F), and minor modifications to building or sight elements that are
45 regulated by this article, excluding those buildings and site
46 improvements exempted in Section 1.D below.
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1
D.Exemptions.
2 The following building and site
3 improvements shall be exempt from the standards of this article:
4
1.
5 Interior renovations to existing buildings and
6 structures;
7
2.
8 Construction of a single-family or duplex dwelling
9 unit on an individually platted lot within single-family or
10 two-family residential districts; and
11
3.
12 Buildings exempt from local building permits or
13 government review pursuant to State of Florida or Federal
14 Statutes.
15
E.Terms and Definitions.
16 See Chapter 1, Article II for
17 all applicable terms and definitions which pertain to the regulations
18 and standards contained herein.
19
F. Rules.
20 The regulations and provisions of this article shall
21 be interpreted to represent the minimum requirements adopted for
22 the protection and promotion of the public health, safety, comfort,
23 convenience, order, appearance, prosperity, or general welfare.
24
G. Conflict.
25 Whenever the regulations and requirements
26 of this code conflict with any other lawfully enacted and adopted
27 rules, regulations, ordinances, or laws, the most restrictive shall
28 apply, unless otherwise stated herein.
29
H.Relief from Standards.
30 Any deviation from the
31 exterior building and site design standards contained herein
32 requires the approval of a Community Design Appeal application,
33 which is subject to review and approval by the City Commission.
34 All applications shall be reviewed in accordance with Chapter 2,
35 Article II, Section 4.B.
36
Section 2. Design Principles.
37
38
39 This article is intended to promote imagination, innovation, and variety by
40 focusing on design principles and encouraging creative solutions which
41 serve the following purposes:
42
A. Efficiency and Safety.
43 The design and layout of the
44 proposed development, as well as all new and existing buildings
45 should provide an efficient arrangement of land uses. Particular
46 attention should be given to safety, crime prevention, relationship
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1 to the surrounding neighborhood, impact on abutting and adjacent
2 properties, pedestrian sight lines and view corridors.
3
B. Compatibility
4 . Buildings, structures and site
5 elements are not required to match surrounding existing
6 developments, but should be in visual harmony with surrounding
7 developments. Likewise, buildings or structures located on
8 separate parcels or part of a present or future multi-building
9 complex, should achieve visual unity of character and design
10 concepts through the relationship of building style, texture, color,
11 materials, form, scale, proportion, and location. Additions and
12 expansions should be designed, sited, and massed in a manner
13 which is sensitive to and compatible with the existing
14 improvement(s). When a distinct development or architectural
15 style exists within a surrounding two (2) block area, consistency or
16 compatibility with that style should be encouraged.
17
18 The proportions and relationships of the various architectural
19 components of the buildings should be utilized to ensure
20 compatibility with the scale of other development in the vicinity.
21 The buildings should not detract from or dominate the surrounding
22 area.
23
24 Design of projects should be tailored to the specific site and take
25 into consideration the protection and enhancement of natural
26 features adjacent to the site as an element in the overall design.
27
C.Building Location and Appearance.
28 All buildings
29 and structures should be located and designed in such a manner as
30 to enhance, rather than detract from, the overall quality of the site
31 and its immediate environment.
32
1. Location.
33
34
a.
35 Buildings should be designed and sited to
36 fully utilize the site and avoid unusable or
37 inaccessible open space or parking spaces.
38
b.
39 Siting and orientation of buildings must
40 consider the pedestrian and / or vehicular nature of
41 the street on which it is located.
42
2. Appearance.
43
44
a.
45 All facades of a building that face or are
46 visible from public or private streets should be
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1 designed to be as attractive in appearance as the
2 front of the building. Likewise, building facades
3 exposed to internal parking areas or adjacent
4 residential or commercial properties should be
5 visually attractive through the use of a combination
6 of roof design, architectural detail, or recessed wall
7 lines, and landscaping.
8
b.
9 Building design of non-residential uses
10 located within single-family and two-family
11 residential zoning districts should be consistent with
12 surrounding residential styles.
13
3. Human Scale.
14 All building designs should
15 achieve a sense of human scale through use of insets,
16 balconies, window projections and other building elements
17 in the design of a structure. All portions of a project
18 fronting a street or sidewalk should incorporate an
19 architecturally appropriate amount of transparency at the
20 first level of commercial and mixed-use developments in
21 order to achieve pedestrian compatibility and adequate
22 visual interest.
23
24
Discouraged Recommended
25
26
D. Sustainable Development.
27 All developers are
28 encouraged to incorporate the applicable provisions of the United
29 States Green Building Council (USGBC), Florida Green Building
30 Coalition (FGBC) standards, or better, for green buildings and
31 developments.
32
Section 3. General Design Standards for Exterior Buildings.
33
34
35 Building design approval shall be based on the use of the structure, its
36 relationship to the site, and its compatibility with the surrounding natural
37 and built environment. All buildings, structures, and site improvements
- 53 -
1 required under this section shall comply with the following community
2 design standards:
3
A.Architectural Enhancements.
4 Façade articulation
5 adds architectural interest and variety to the massing of a building
6 and prevents a plain, monotonous facades. A variety of features
7 must be incorporated into the design of the buildings to provide
8 sufficient articulation of the facades. This may be achieved by
9 incorporating the use of vertical and/or horizontal reveals,
10 stepbacks, modulation, projections, roof detailing, and three
11 dimensional details between surface planes to create shadow lines
12 and break up flat surface areas.
13
14 A minimum of three (3) of the following architectural
15 enhancements or other similar treatments shall be integrated into
16 all applicable building facades to avoid the appearance of a blank
17 wall:
18
1.
19 Columns or pilasters;
20
2.
21 Decorative cornices;
22
3.
23 Horizontal banding;
24
4.
25 Arches;
26
5.
27 Decorative vents or louvers;
28
6.
29 Moldings and trims;
30
7.
31 Decorative shutters;
32
8.
33 Bay windows;
34
9.
35 Faux windows;
36
10.
37 Art elements; and
38
11.
39 Canopies, balconies, overhangs, and other
40 horizontal projections. In addition, multi-story buildings
41 shall incorporate these design features in conjunction with
42 the architectural enhancements listed above within this
43 subsection.
44
B. Exterior Treatment and Finishes.
45 Exterior
46 building finishes shall be limited to:
- 54 -
1
1.
2 Brick or brick veneer;
3
2.
4 Stone or stone veneer;
5
3.
6 Stucco; and
7
4.
8 Split face (accent only), pre-formed, or textured
9 masonry block.
10
C. Symbols.
11 Buildings, which are of symbolic design for
12 reasons of advertising, unless otherwise consistent with the criteria
13 herein, shall not be allowed.
14
15 All permanent outdoor identification features which are intended to
16 call attention to a proposed development and / or structures shall
17 be designed and located in such a manner as to be an integral part
18 of the development.
19
D. Building Paint Color(s).
20
21
1. Purpose and Intent.
22 The purpose of this
23 subparagraph is to enhance the unique architectural
24 environment of the City by establishing general standards
25 for the choice of colors for the exterior surfaces of
26 buildings and structures, including courtyards accessible to
27 the public.
28
2.Applicability.
29 The painting of all public and
30 private development, but not limited to, new buildings,
31 structures, additions, alterations, roof tiles or roof finishes,
32 and the repainting of existing buildings and structures.
33 This subparagraph also includes the reflectance, tinting,
34 and coloration of glass on the elevations of a building or
35 structure.
36
3.Standards.
37
38
a.
39 A minimum combination of three (3)
40 complimentary building colors shall be used for
41 each development. Painted surfaces include the
42 wall, trim, and accents.
43
44 b. Color(s) shall be compatible with the
45 surrounding area and used to complement the
46 development;
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1
c.
2 Paint color should be used to highlight
3 architectural forms and details but not to create
4 them. Architectural murals may be appropriate for
5 a particular building and may be considered on a
6 case-by-case basis;
7
d.
8 When a non-residential building contains
9 more than one (1) storefront, the building colors
10 shall not be different to distinguish between each
11 storefront; and
12
e.
13 Stone or tile surfaces shall not be painted
14 unless complimentary to the development.
15
E. Awnings and Canopies.
16 The following design
17 standards shall be applied to awning and canopies within all
18 districts:
19
1.Function.
20 Awnings shall be of adequate height
21 and depth to provide protection to pedestrian from the
22 elements and used in a manner that accentuates
23 architectural features and embellishments; and
24
2.Size.
25 The size of an awning should be
26 proportional to the scale of the host building and the
27 surrounding streetscape.
28
3. Appearance and Color.
29
30
a.
31 The appearance and color(s) of awnings
32 shall enhance the overall design of the building and
33 be compatible with the selected building material(s)
34 and color(s); and
35
b.
36 All awnings shall incorporate uniformity in
37 their design (including valances). Scalloped
38 valances may be permitted provided that their
39 appearance and color is compatible with the type
40 and shape of awning being used as well as with the
41 architecture and materials of the building.
42
c.
43 No awnings, valances, or support structures
44 (including signage attached thereto) shall be
45 internally-illuminated or backlit.
46
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4. Miscellaneous.
1
2
a.
3 Within Right-of-Way. Awnings may extend
4 over a public sidewalk within a right-of-way. The
5 applicant shall obtain all necessary approvals and
6 permits for those canopies or awnings that extend
7 into the public right-of-way, prior to the issuance of
8 a permit.
9
b.
10 Maintenance. See Section 11 below
11 for additional regulations regarding the maintenance
12 of awnings and canopies.
13
F. Monotony Restrictions.
14 In order to enhance a desired
15 character or appearance and to promote a variety of architectural
16 structures, project may be required to include a diversity of floor
17 plans and / or elevations, or a variety of residential housing models
18 and / or architectural styles, including but not limited to floor
19 plans, elevations, building scale, building massing, building
20 proportion, architectural trim and architectural details, within a
21 development. For example, the City may require any number of
22 different floor plans of a particular architectural style within a
23 development, and may require as a condition of approval that a
24 certain number of lots on either side or on the same side of the
25 street be constructed with any number of different floor plans or
26 housing model types. For purposes of this section, "monotonous"
27 means houses with identical floor plans or elevations.
28
29 See Section 10.A.3 below for additional monotony restrictions for
30 wall and fences.
31
G. Overhead Doors.
32 Due to the high degree of visibility
33 of buildings located on Hypoluxo Road, Miner Road, Congress
34 Avenue, Lawrence Road, Gateway Boulevard, Quantum Lakes
35 Drive, Old Boynton Road, Knuth Road, Woolbright Road,
36 Boynton Beach Boulevard, Winchester Park Boulevard, High
37 Ridge Road, Seacrest Boulevard, Golf Road, Ocean Avenue,
38 Federal Highway, Old Dixie Highway, N.E. 10th Avenue and S.E.
39 36th Avenue, which include entrances to the City, the following
40 exterior design requirements apply:
41
1.
42 Overhead doors shall not be located on a building
43 facade(s) visible from any of the above public or private
44 rights-of-way; and
45
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2.
1 Building facades that are visible from any of the
2 roadways listed above shall be designed in such a manner
3 as to enhance and disguise the appearance of a warehouse
4 and / or service area.
5
H. Downspouts.
6 External downspouts shall be
7 enclosed within the building structure on any building elevation
8 visible from areas within the property accessible by the public,
9 from adjoining properties within the same master development
10 (including drive aisles and parking facilities), and from public
11 rights-of-way. Downspout enclosures shall be incorporated into
12 the design of the building and be complimentary to architecture.
13 For example, downspouts may be enclosed in columns or pilasters
14 if such features are used elsewhere on the building, or are
15 consistent with the building’s architectural style.
16
I.Mechanical Equipment.
17 Lack of or inadequate
18 screening of mechanical equipment can have negative visual
19 impacts on the City's streetscape, ambient landscape, or
20 community image. Mechanical equipment can further negatively
21 impact the surrounding properties because of the noise that may be
22 produced. Such impacts shall be minimized through compliance
23 with the following requirements:
24
1Rooftop.
25 . Rooftops will be treated as part of
26 the building elevation. Buildings shall have an appropriate
27 and fully integrated rooftop architectural treatment which
28 substantially screens all mechanical equipment, stairs, and
29 elevator towers. All rooftop equipment must be completely
30 screened from view at a minimum distance of 600 feet.
31 Where feasible, rooftop mechanical equipment shall be
32 located within the area of the roof surface that is farthest
33 away from adjacent residential uses or residential zoned
34 property.
35
2.At-Grade.
36 Exterior utility boxes, meters,
37 transformers, etc. shall be screened from public view either
38 by a buffer wall in accordance with Chapter 3, Article V, or
39 by a continuous vegetative buffer as required by Chapter 4,
40 Article II. The intent is to create an opaque barrier
41 constructed of compatible materials matching the building
42 in color, or its equivalent in the form of landscaping, to a
43 height at least equal to the highest point of the equipment.
44 Structural screening shall be architecturally integrated into
45 the overall project design and shall be compatible, in terms
46 of style, construction materials, colors, and finish, with the
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1 principal structure(s). Where feasible, on site mechanical
2 equipment shall be located as far away from adjacent
3 residential uses or residential-zoned property as is feasible.
4
J. Drive-Through Facilities and / or Walk-up Windows.
5
6 Walk-up windows and drive-through facilities shall not be
7 allowed on any building façade that directly fronts on a public or
8 private right-of-way. On eligible building façades (sides and / or
9 rear), the following design standards are required where windows
10 for drive-through facilities are proposed:
11
1.
12 The building facade shall have windows that
13 occupy no less than 25% of the facade and that are located
14 at the pedestrian level. A maximum of 10% of this 25%
15 may be non-transparent windows.
16
2.
17 The building facade shall be modulated and divided
18 into smaller identifiable pieces to articulate the plane of the
19 facade.
20
3.
21 The building facade shall have at least one offset
22 having a pitched roof.
23
4.
24 Additional landscaping for the screening of drive-
25 through facilities is required in accordance with Chapter 4,
26 Article II, Section 6.D.
27
Section 4. Design Standards for Multi-family and Non-Residential
28
Uses Adjacent to Single-Family Residential Zoning Districts.
29
30
A. General.
31
32
1. Purpose and Intent.
33 These standards are
34 intended to protect lower intensity land uses from higher
35 intensity land uses by requiring the higher intensity land
36 uses to be designed and maintained to reduce impacts upon
37 the lower intensity land uses through appropriate project
38 orientation, additional setbacks for taller structures and
39 recreational facilities, compatible architectural treatments,
40 and proper location and orientation of signs and lights.
41
2. Applicability.
42 When a new development,
43 other than a single-family or two-family dwelling unit abuts
44 or is adjacent to a single-family residential zoning district
45 due to an intervening local roadway, the following design
46 standards in Section 4.B below shall apply:
- 59 -
1
B. Standards.
2
3
1. Generally.
4 All buildings and structures shall be
5 designed and oriented in a manner ensuring maximum
6 privacy of adjacent residential uses.
7
8 Compatibility shall be evaluated based upon how well the
9 proposed development fits within the context of the
10 neighborhood and abutting properties.
11
12 Single-family homes located within planned districts,
13 multi-family homes, mixed-use projects, and all non-
14 residential uses, where abutting or adjacent to single-family
15 residential zoning, shall be designed to avoid a reduction in
16 privacy of the abutting or adjacent properties. This
17 requirement may be achieved through measures, such as
18 but not limited to, additional landscaping, orientation of
19 windows and balconies, and layout of units of upper floors.
20
2. Standards for Planned Residential Districts
21
(IPUD and PUD).
22 Any IPUD or PUD located adjacent
23 to single-family residential zoning must locate structures of
24 the same unit type or height. However, if vegetation,
25 screening or other barriers and / or creative design on the
26 perimeter of an Infill Planned Unit Development (IPUD) or
27 Planned Unit Development (PUD) district achieve
28 compatibility with adjacent uses, the city may grant some
29 relief from the following two requirements:
30
a.
31 Any IPUD or PUD located adjacent to an
32 existing single-family residential development(s)
33 must locate structures of the same unit type or
34 height allowed by the adjacent zoning district(s);
35 and
36
b.
37 Additional setbacks are required for
38 structures in excess of 30 feet in height pursuant to
39 Chapter 3, Article III, Section 2.
40
Section 5.Design Standards for Specific Uses in the Use Matrix
41
(Table 3-28).
42 The following uses, which correspond with the Notes and
43 Restrictions of Chapter 3, Article IV, Section 3.D, contain special
44 standards related to exterior building and site design:
45
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A.Group Home Type 1.
1 For new construction, the
2 facility shall have building elevations that are residential in
3 character and similar in appearance to the surrounding
4 neighborhood. They shall not be institutional in appearance.
5
B. Auto Dealer, New.
6 Within the MU-L3 and MU-H
7 districts, the following shall apply: Overhead doors shall not be
8 visible from any major roadway frontage.
9
C. Auto Dealer, Used.
10 Within the MU-L3 and MU-H
11 districts, the following shall apply: Overhead doors shall not be
12 visible from any major roadway frontage.
13
D. Gasoline Stations.
14 All Gasoline Stations located on
15 designated out-parcels to shopping centers, business centers, or
16 other planned commercial developments shall conform in design to
17 the approved design plan of the principal center.
18
E. Automobile Rental.
19 Within the MU-L3 and MU-
20 H districts, the following shall apply: Overhead doors shall not be
21 visible from any major roadway frontage. See Section 3.G above
22 for additional regulations regarding overhead doors.
23
F. Marina, Including Yacht Club.
24
25
1.
26 Architectural integration shall be encouraged
27 through the choice of building materials, architectural style,
28 extensive use of windows, and choice of soft, muted colors.
29
2.
30 All buildings shall incorporate 360° architecture, a
31 variety of massing and building heights, and stepping roof
32 lines.
33
3.
34 The use of standardized "corporate" architectural
35 styles associated with chain-type businesses is prohibited.
36
4.
37 To contribute to physical compatibility and
38 minimize impacts on the residential fabric of adjacent
39 neighborhoods, projects adjacent to residential zoning
40 districts shall be designed with residential character, unless
41 a superior, non-residential design can be demonstrated.
42 Residential designs shall include, but not be limited to, a
43 combination of actual and faux windows, balconies,
44 porches, awnings and related architectural details. The
45 character shall either match or compliment established
46 architectural themes in the vicinity.
- 61 -
1
5.
2 All building facades shall include a repeating
3 pattern that shall include no less than three (3) of the
4 following elements: color change, texture change, material
5 module change, or a change in plane of at least two (2) feet
6 in depth. At least one of these elements shall repeat
7 horizontally. All elements shall repeat at intervals of no
8 more than 30 feet, either horizontally or vertically, unless a
9 superior design can be demonstrated at greater intervals.
10 Recesses and projections shall be from finished grade to
11 roofline, and be a minimum of 10 feet in width.
12
6.
13 As an alternative to the required façade offsets
14 noted above, decorative and substantive roofline changes,
15 when coupled with correspondingly aligned façade material
16 changes, may substitute.
17
7.
18 A minimum of two different types of building
19 materials shall be used, with a 70 percent-30 percent ratio.
20 A change in stucco or use of windows will not count
21 toward meeting this requirement.
22
8.
23 Articulation in parapet wall shall be required with a
24 minimum of five (5) feet for front and side facades, and any
25 façade oriented towards a street; and, two and one half (2½)
26 feet for rear facades.
27
9.
28 Parapet walls shall feature three dimensional
29 cornice treatments, to provide a finished look from any
30 angle. Additionally, a parapet return is required with a
31 length equal to or exceeding the required parapet
32 articulation.
33
10.
34 All customer entrances to the building shall be the
35 focal point of design. Architectural elements shall include
36 some combination of the following improvements:
37 pediments, lintels, columns, pilasters, porches, balconies,
38 railings, balustrades, and ornate moldings.
39
11.
40 On any retail or office building within a marine-
41 oriented or water dependent project, or any portion of a
42 building devoted to such use, windows shall be of
43 pedestrian scale, recessed and vision glass without
44 obstruction.
45
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12.
1 On any retail or office building within a marine-
2 oriented or water dependent project, on any facade on
3 which a customer entrance to the building is located, a
4 minimum of 1.6 square foot of vision glass is required for
.
5 each one (1) lineal foot of facade.
6
13.
7 On any retail or office building within a marine-
8 oriented or water dependent project, on any other facade
9 facing a public street, a minimum of 0.8 square foot of
10 vision glass is required for each one (1) foot.
11
G. Day Care.
12 Within all residential districts, the
13 following shall apply: Building design shall be consistent with
14 surrounding residential styles.
15
H. Storage, Self-Service.
16 For all Self-Service Storage
17 facilities adjacent to or visible from any arterial right-of-way
18 roadway, the following shall apply:
19
1.
20 The exterior colors, facades, windows, roof, and
21 building materials shall be compatible with the character
22 of, or vision for the surrounding. Self-service Storage
23 facilities shall incorporate design elements to achieve the
24 effect of office structures.
25
2.
26 All facades visible from arterial roadways shall
27 provide variety and interest in the façade(s). These facades
28 shall not exceed 50 feet in length without visual relief by
29 means of a vertical reveal at least one (1) foot in depth and
30 10 feet in width, a perceptible change in wall angle, or a
31 corner. Other design attributes shall include, roof slope and
32 materials, windows, awnings, fencing and other aesthetic
33 elements.
34
3.
35 Within the SMU, MU-L1, MU-L2, and MU-L3
36 districts, the following shall apply: Buildings shall be
37 designed to have the appearance of a multi-story retail,
38 office, and / or residential structure through the use of
39 similar windows, shutters, and appropriate building
40 elements on the upper floors.
41
Section 6. Design Standards for Development in Urban Areas.
42
43
A. General.
44
45
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1. Purpose and Intent.
1 The location of
2 buildings/structures and off-street parking areas proposed
3 for a development can directly impact the aesthetic fabric
4 and quality of life for surrounding properties and the
5 community as a whole. It is the purpose of this section to
6 provide design standards that are tailored to distinct
7 geographic areas of the City to ensure that the location and
8 appearance of buildings/structures and off-street parking
9 areas are appropriate with the type, intensity, scale, and
10 location of redevelopment and new development. The
11 intent of this section is to promote standards that are
12 functional, practical, equitable, and creative.
13
2.Applicability.
14 Unless otherwise specified,
15 these standards shall apply to new projects and major
16 modifications to existing developments located in the
17 following:
18
a.
19 All properties currently zoned:
20
21 (1) Central Business District (CBD); or
22
23 (2) Any “Mixed-Use (Urban)” district.
24 For the purpose of this section, Mixed-Use
25 (Urban) districts shall include the Mixed
26 Use-Low Intensity 1 (MU-L1), Mixed Use-
27 Low Intensity 2 (MU-L2), Mixed Use-Low
28 Intensity 3 (MU-L3), and Mixed Use-High
29 Intensity (MU-H) district.
30
b.
31 Any commercially zoned property located:
32
33 (1) Along Boynton Beach Boulevard,
34 east of Interstate 95 and west of the Florida
35 East Coast (FEC) Railroad right-of-way;
36
37 (2) Within the Urban Commercial
38 District Overlay Zone (UCDOZ); and
39
40 (3) Within the Martin Luther King
41 Junior Boulevard Overlay Zone
42 (MLKBOZ).
43
B.Building Location Standards.
44 The revitalization of
45 urban places depends on safety and security, with building/street
46 design having a symbiotic relationship. The location of a building
- 64 -
1 and its proximity/interaction with the public realm is paramount
2 when trying to create urban areas that have a “sense of place” that
3 is consistent with smart growth principles and neo-traditional
4 planning efforts. Development must adequately accommodate
5 automobiles, but in ways that respect pedestrians and the forms of
6 public space and gathering areas.
7
8 Each building shall meet the build-to line and reduced setback
9 areas of the respective zoning district or Overlay Zone, whichever
10 is applicable. The location of off-street parking areas is strongly
11 discouraged between buildings and rights-of-way. However, in
12 certain instances, this type of design may be impractical, and strict
13 adherence may deter incremental improvements or upgrades to
14 individual properties, which therefore, perpetuates the blighted
15 conditions of the redevelopment areas. In these circumstances,
16 deviations from the build-to line and reduced setback area
17 requirements may be allowed, but only contingent the submittal of
18 a Community Design Appeal application that satisfactorily
19 addresses the evaluation criteria and when such application is
20 approved by the City Commission.
21
22 Within mixed-use and non-residential developments, structures
23 proposed along arterial roadways shall be required to occupy the
24 entire length of the street frontage, notwithstanding areas set aside
25 for side corner yard setbacks and driveways needed to access the
26 rear of the property. This building location requirement along the
27 arterial roadway only applies to new construction or major site
28 plan modifications to existing developments. Also see Chapter 4,
29 Article II, Section 4.B.5 for additional streetscape design
30 requirements.
31
C. Shade and Shelter Standards.
32 This region’s climate
33 requires shade and shelter amenities in order to accommodate and
34 promote pedestrian activity. These amenities will provide greater
35 connectivity between sites and allow for a more continuous and
36 walkable network of buildings.
37
38 A shaded sidewalk shall be provided alongside at least 50% of all
39 building frontages adjacent to or facing an arterial or collector
40 roadway or adjacent off-street parking area. When abutting off-
41 street parking areas, the shaded sidewalk shall be raised above the
42 level of the parking by way of a defined edge. Ramps for
43 wheelchairs alongside the building must also be shaded.
44
45 Building entrances shall be located under a shade device such as an
46 awning or portico.
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1
D. Standards for Windows.
2 Windows shall be located at
3 pedestrian scale.
4
E. Compatibility Standards.
5 Proposed projects should
6 compliment existing or approved adjacent mixed use projects in
7 terms of height, color, style massing, and materials.
8
F.Off-Street Parking Area Standards.
9
10
1. Types of Off-Street Parking Facilities.
11 The
12 four (4) types of off-street parking facilities regulated
13 herein are as follows: Surface parking, understory parking,
14 freestanding parking garages, and integrated parking
15 garages. They are generally described as follows:
16
a. Surface Parking.
17 A parking area where
18 there is no gross building area below or above the
19 parking stalls, except for ancillary structures such as
20 shade canopies or similar structures.
21
b. Understory Parking Garage.
22 An off-
23 street parking area located below gross building
24 area. Parking stalls are typically located on or
25 below ground level.
26
c. Freestanding Parking Garage.
27 An off-
28 street parking area located within a structure with
29 two (2) or more levels, where the parking structure
30 is the principal use of the building. Freestanding
31 parking garages may include accessory habitable or
32 non-habitable building areas located at ground
33 level.
34
d. Integrated Parking Garage.
35 An off-street
36 parking area located within a structure with two (2)
37 or more levels, where the parking structure is the
38 accessory use of the premises. Integrated parking
39 garages are located within mixed-use developments
40 and habitable gross building area is wrapped around
41 the facility on all levels.
42
2. Standards for Mixed Use (Urban) Districts and
43
Central Business District (CBD).
44 This subsection shall
45 be applicable to all new projects and major modifications to
46 existing developments. Within “Urban Mixed-Use”
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1 districts, off-street parking areas shall be located to the rear
2 or side of the structure they are intended to serve and
3 screened from view from public streets, notwithstanding
4 other provisions of these regulations that require a specific
5 setback for a garage for a residential dwelling unit. The
6 intent of these regulations is to emphasize buildings and
7 pedestrian features within the streetscape and minimize the
8 visual impacts of parking facilities. Where possible,
9 parking areas should be located to the rear of a project.
10 Also where possible, access to parking areas shall be from
11 side streets, in order to minimize driveways and vehicular /
12 pedestrian conflicts. The following standards shall apply to
13 all properties located within Urban Mixed-Use districts as
14 described in Section 6.B.2.a.(2) above:
15
a. Surface Parking.
16 Within the “Mixed-
17 Use (Urban)” districts, surface parking should not
18 be visible from an arterial or collector roadway.
19 Structured parking is preferred for all mixed-use
20 development.
21
b. Understory Parking Garage.
22
23 Understory parking (on the first floor of a
24 structure) is allowed throughout all “Mixed-Use
25 (Urban)” districts.
26
c. Freestanding Parking Garages.
27
28 Freestanding parking garages are allowed within the
29 “Mixed-Use (Urban)” districts provided that they do
30 not have frontage on any arterial or collector
31 roadway. The height of the freestanding parking
32 garage may not exceed 75 feet in the MU-H district.
33
34 All parking garages that front on arterial or collector
35 roadways must be integrated into the development
36 and designed as provided for in subparagraph “d”
37 below.
38
d. Integrated Garages.
39 Parking
40 garages that are incorporated into the same structure
41 as a principal building, including structures
42 providing parking on lower floors and habitable
43 space on upper floors are permitted within every
44 “Mixed-Use (Urban)” district. Habitable floor area
45 must wrap all upper-levels of the parking structure
46 where the structure has frontage along a public
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1 right-of-way or is abutting a single-family
2 residential zoning district. The intent of the
3 integrated garage is to border or wrap the parking
4 structure with permitted habitable floor area, such
5 as storefronts, to a minimum depth of 20 feet, so as
6 to disguise the garage and create continuity in
7 street-level activity by maintaining interest for
8 pedestrians and passing automobile traffic.
9
10 The remaining façade(s) of the integrated garage
11 shall be constructed to appear as habitable floor area
12 and designed compatible with the architecture of the
13 adjacent structures within the subject development
14 and abutting properties. Design elements used to
15 disguise the garage may include features such as a
16 living trellis (utilizing climbing vines), planter
17 boxes, tall landscaping, shutters, and / or other
18 architecturally articulated façade features in order to
19 soften its impact.
20
3. Standards for the “Overlay Zones” and Boynton
21
Beach Boulevard.
22 The purpose and intent of this
23 subsection is to prevent the placement of off-street parking
24 areas between the front of the building and the rights-of-
25 way, particularly in areas where build-to line and reduced
26 setback areas are applicable. Within redevelopment areas,
27 the location of off-street parking areas is strongly
28 discouraged between building and rights-of-way.
29 However, when a project is proposed in such a manner that
30 building location(s) would deviate from respective build-to
31 line and reduced setback area requirements, resulting in a
32 design that is contrary to the purpose and intent of Section
33 6.B above and this subsection, then that project shall be
34 required to make upgrades to public realm and streetscape
35 with simple but innovative urban design enhancements
36 such as additional landscaping; pergolas/trellis-
37 work/decorative structures; surface improvements to the
38 pavement across driveways; short walls designed with
39 benches and/or seating areas; public art; and the like,
40 particularly in areas along the right-of-way where such
41 deviations occur.
42
4. Standards for the Suburban Mixed-Use (SMU)
43
District.
44
45
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a. Understory Garages.
1 Understory
2 parking (on the first floor of a structure) is allowed
3 throughout the SMU district.
4
b. Freestanding Garages.
5 Freestanding
6 parking garages are not allowed within the SMU
7 district. All parking structures, excluding
8 understory garages, shall be designed as an
9 integrated garage as provided for in subparagraph
10 “c” below.
11
c. Integrated Garages.
12 Parking garages that
13 are incorporated into the same structure as a
14 principal building, including structures providing
15 parking on lower floors and habitable space on
16 upper floors are permitted within the SMU district.
17 Habitable floor area must wrap all upper-levels of
18 the parking structure where the structure has
19 frontage along an arterial roadway or is abutting a
20 single-family residential zoning district. The intent
21 of the integrated garage is to border or wrap the
22 parking structure with permitted habitable floor
23 area, such as storefronts, to a minimum depth of 20
24 feet, so as to disguise the garage and create
25 continuity in street-level activity by maintaining
26 interest for pedestrians and passing automobile
27 traffic.
28
29 The remaining façade(s) of the integrated garage
30 shall be constructed to appear as habitable floor area
31 and designed compatible with the architecture of the
32 adjacent structures within the subject development
33 and abutting properties. Design elements used to
34 disguise the garage may include features such as a
35 living trellis (utilizing climbing vines), planter
36 boxes, tall landscaping, shutters, and / or other
37 architecturally articulated façade features in order to
38 soften its impact.
39
5. Miscellaneous Standards.
40
41
a. Number of Required Parking Spaces.
42
43 Required parking for all uses shall be as set
44 forth by Chapter 4, Article V, Section 2.
45
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b. Off-Site Parking.
1 Off-street parking
2 spaces may be allowed off-site but with a maximum
3 distance in accordance with Chapter 4, Article VI,
4 Section 4.D.2.
5
c. Interconnectivity.
6 Interconnectivity
7 between off-street parking areas, including drive
8 aisles and pedestrian connections shall be planned
9 for and designed in accordance with Chapter 4,
10 Article VI, Section 4.D.3.
11
d. Off-Street Parking for Large Non-
12
Residential Development (Big Box).
13 See
14 Section 7.J below for additional regulations
15 regarding off-street parking lot locations for large
16 non-residential (big box) developments.
17
e. Trash Collection Points.
18
19
20 (1) Screening. See Chapter 4, Article
21 VI, Section 4.C for additional regulations
22 regarding the appropriate location and
23 screening of trash collection areas.
24
25 (2) Landscaping. See Chapter 4, Article
26 II, Section 6.G for additional regulations
27 regarding the landscaping of trash collection
28 areas.
29
G. Sidewalks.
30 The following regulations shall apply to
31 sidewalks:
32
1. “Urban Mixed Use” Districts.
33 The following
34 regulations shall apply to sidewalks in all Urban Mixed Use
35 zoning districts as described in Section 6.A.2.a(2) above:
36
a.Materials.
37 Sidewalks shall, where
38 practical, be Holland-Stone pavers, red/charcoal
39 color mix 2 by Paver Systems, Inc., or equal, laid in
40 a 4 S herringbone pattern to continue the consistent
41 with the current design elements in place along
42 Federal Highway.
43
b.Design.
44 Pedestrian circulation should
45 be carefully planned to prevent pedestrian use of
46 vehicular ways and parking spaces.
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1
2 In all cases, pedestrian access shall be provided to
3 public walkways.
4
2.Mixed Use-High Intensity (MU-H) District.
5
6 Sidewalks constructed along arterial roadways shall
7 be a minimum of ten (10) feet wide, measured from the
8 back of the curb.
9
3. Mixed Use Developments
10 . Sidewalk accents via
11 pavers or stamped colored concrete shall be utilized in all
12 central pedestrian ways of mixed-use development areas.
13
Section 7.Design Standards for Large Non-Residential
14
Development (Big Box) in Suburban Areas.
15
16
A. Purpose and Intent.
17 Large commercial buildings
18 have a major impact on the aesthetic fabric of a community. The
19 purpose of the following regulations is to achieve an optimal
20 appearance of those structures typically called "Big Boxes,” which
21 are often large square or rectangular-shaped buildings with limited
22 architectural enhancements. These regulations are intended to set
23 minimum design standards for large buildings to ensure their
24 positive contribution to the City’s character and fabric.
25
B. Applicability.
26 The following standards are
27 applicable to any commercial structure in excess of 15,000 square
28 feet, unless stated otherwise herein, excluding those properties
29 located in urban areas as described in Section 6 above. The term
30 “commercial,” as used in these regulations, shall also include
31 structures utilized for office uses and those industrial uses that
32 front on arterial or collector roadways.
33
C. Façades.
34 All facades visible from abutting properties
35 or public streets shall be designed and enhanced with architectural
36 features that provide visual interest at pedestrian levels, reduce the
37 massive appearance of the building, and reflect the local character
38 of the community. These facades shall meet the following
39 objectives:
40
1.
41 Community integration shall be achieved through
42 the choice of building materials, architectural style,
43 extensive use of windows, and multiple complimentary
44 paint colors.
45
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2.
1 Building design shall include a mix of massing and
2 building heights, and varying roof lines on all facades.
3
3.
4 Architectural styles shall not be used that are
5 tailored to further "corporate" identity objectives rather
6 than the existing or planned identity and character of the
7 surrounding community, and which are inconsistent with
8 these regulations.
9
4.
10 Architectural elements, excluding complimentary
11 accent features, shall be integral components of the
12 building fabric and constructed of durable and substantial
13 quality and not superficially applied trim.
14
5.
15 All building facades shall be designed with
16 “repeating patterns” that include no less than three (3) of
17 the following elements: color change, texture change,
18 material module change, or a change in plane (recess or
19 projection), at maximum intervals of 50 feet. The recess or
20 projection of a change in plane shall be at least 10 feet in
21 width, two (2) feet in depth, and finished from grade to the
22 roofline. At least one (1) of the design elements listed
23 above shall repeat horizontally.
24
6.
25 Material changes may substitute as an alternative to
26 the required offsets as noted above where decorative and
27 substantive roofline changes are coupled with a
28 correspondingly aligned façade.
29
7.
30 A minimum of two (2) different types of building
31 materials, allowed under Section 3 above shall be
32 proportionally used on required facades. A change in
33 stucco texture or use of windows and / or awnings will not
34 count toward meeting this requirement.
35
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1
2
3
4
D. Roofline.
5
6
1.
7 For flat rooflines, vertical articulation in parapet
8 walls shall be required with a minimum of five (5) feet for
9 front and side facades, and any façade oriented toward a
10 street; and, two and one half (2½) feet for rear facades.
11
2.
12 A Parapet return is required with a length equal to
13 or exceeding the required parapet articulation.
14
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1
2
3.
3 Parapet walls shall feature three dimensional
4 cornice treatment, to provide a finished look from any
5 angle.
6
4.
7 Articulation in the parapet wall shall coincide with
8 the horizontal changes within the building, which are
9 required under Section 7.C.5.
10
E. Windows.
11
12
1.
13 On any facade on which a customer entrance to the
14 building is located, a minimum of 1.6 square foot of
15 window is required for each one (1) lineal foot of facade.
16
2.
17 On any other facade facing a public street, a
18 minimum of 0.8 square foot of window is required for each
19 one (1) foot of facade.
20
3.
21 A minimum of 70% of windows on the front or side
22 facades shall be transparent. The remaining 30% may be
23 opaque, provided that the following conditions are met:
24
25 a. Window construction using opaque glass
26 shall appear identical to the transparent windows;
27
28 b. Opaque windows shall not be superficially
29 attached to the wall;
30
31 c. Opaque windows shall not be perceptibly
32 different in texture, color, or reflectivity than the
33 glass of the transparent windows.
34
4.
35 Architecturally ornate window boxes displaying
36 merchandise only, may be substituted for 25% of the
- 74 -
1 required transparent windows and 100% of the opaque
2 windows. This design element may also be applied to
3 smaller-sized buildings with shorter facades and those
4 buildings without traditional front entrances.
5
F. Public Entrances.
6
7
1.
8 A minimum of one (1) customer entrance should be
9 provided on the front facade.
10
2.
11 All sides of a building that directly face an abutting
12 street, with no intervening building, should provide a
13 customer entrance.
14
3.
15 All public entrances to the building shall be the
16 focal point of the façade through the use of a combination
17 of the following architectural elements: pediments, lintels,
18 columns, pilasters, porches, balconies, railings, balustrades,
19 and ornate moldings. Design features may also include
20 entry recesses / projections or locating display windows so
21 that they are directly adjacent to the entrance.
22
4.
23 Any side of a building with a parking field in excess
24 of 20% of the required parking, and where 50% of that
25 parking is located farther than 300 feet from a customer
26 entrance, shall be required to have a customer entrance on
27 that facade. See Section 7.J below for additional parking
28 regulations.
29
30
31
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5.
1 A customer entrance proposed for a side facade
2 shall be located a minimum distance from the corner of the
3 front facade equal to 25% of the lineal length of the side
4 facade on which it is to be located. A customer entrance
5 located at the corner of the building cannot substitute or
6 fulfill the requirement to provide entrances on both front
7 and side façades.
8
G. Covered Walkways.
9
10
1. Rules.
11
12
a.
13 For the purposes of this subsection only, the
14 “front” of a building is considered to be the building
15 façade where a public entrance is proposed. A
16 building that contains public entrances on two (2) or
17 more facades is said to have multiple “fronts.”
18
b.
19 A building façade that is oriented toward a
20 public street but does not contain a public entrance
21 is considered to be a “side corner” façade.
22
c.
23 A building façade that is neither oriented
24 toward a public street nor contains a public entrance
25 is considered to be either the “side” or “rear”
26 façade.
27
d.
28 A covered walkway is considered to be an
29 “ARCADE, PEDESTRIAN” as defined in Chapter
30 1, Article II.
31
e.
32 The horizontal extent of a covered walkway
33 shall be measured upon the entire length of a façade
34 where required.
35
f.
36 Greater preference is placed on the
37 proximity of a covered walkway to the location of
38 the public entrance.
39
2.
40 Covered walkways are required along building
41 façades that contain public entrances or along facades that
42 are oriented towards public or private streets. The location
43 and horizontal extent of covered walkways shall be based
44 upon the following types of building designs:
45
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a.
1 Public entrance(s) on one (1) façade:
2 Covered walkways are required along at least 70%
3 of the front façade and at least 30% of the side
4 corner façade. No covered walkways are required
5 along the side or rear of the building.
6
b.
7 Public entrance(s) on two (2) or more
8 facades: Covered walkways are required along at
9 least 50% of each façade where a public entrance is
10 proposed. No covered walkways are required along
11 the side or rear of the building.
12
c.
13 Public entrance on corner of building:
14 Covered walkways are required along a minimum
15 of 50% of each façade where a corner entrance is
16 proposed. The intent is to wrap each façade with a
17 covered walkway, commencing at the corner where
18 the public entrance is proposed.
19
d.
20 Covered walkways shall have a minimum
21 external dimension of 10 feet in width. The
22 minimum internal dimension shall be seven (7) feet
23 in width, absent of any obstruction by columns,
24 furniture, and / or other appurtenances.
25
H. Landscaping.
26
27
1.
28 Foundation landscaping areas for large non-
29 residential (big box) developments shall be required in
30 accordance with Chapter 4, Article II, Section 6.B.
31
2.
32 See Chapter 4, Article II, Section 6.J.4 for
33 additional regulations regarding the required width of the
34 landscape strip abutting the right-of-way for large non-
35 residential (big box) developments.
36
I. Site Amenities.
37 Sculptures, fountains, gardens, pools,
38 trellises, and benches shall be encouraged within the site design.
39 In addition, the following standards shall be required for every
40 50,000 square feet or fraction thereof of every non-residential (big
41 box) development:
42
1.
43 Two (2) site amenities shall be required. Site
44 amenities include but are not limited to bell or clock
45 towers, pergolas, public seating areas (separate and apart
46 from any outdoor seating provided for an associated
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1 restaurant use), fountains (of at least eight (8) feet in height
2 and 16 feet diameter), and public art but only when
3 combined with another amenity. Public art, which is in
4 fulfillment of the Art in Public Places program, may be
5 utilized to comply with the pedestrian amenity requirement
6 of this subparagraph, provided that the public art is located
7 in conjunction with another qualifying pedestrian amenity.
8
9
10
11
12
2.
13 Pedestrian pathways through off-street parking
14 areas shall be required in accordance with Section 7.J
15 below.
16
J. Off-Street Parking Lot Orientation.
17
18
1.
19 Parking areas shall provide safe, convenient, and
20 efficient access. Off-street parking areas shall be
21 distributed around large buildings in order to shorten the
22 distance to customer entrances, other buildings, and public
23 sidewalks, as well as to reduce the overall area and visual
24 blight of the paved surface. No more than 60% of the off-
25 street surface parking area shall be located between any
26 facade and a public street.
27
2.
28 Pedestrian pathways shall be required where
29 parking spaces are located in excess of 400 feet from any
30 customer entrance. These pedestrian pathways shall be a
31 minimum of ten (10) feet in width, leading from the
32 farthest parking space to the customer entrance. These
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1 pathways shall incorporate the use of a combination of
2 decorative pavement, trellises, seating, pergolas, arbors,
3 gazebos, decorative light fixtures and landscaping.
4
5
6
7
8
3.
9 Where off-street parking areas are screened by
10 outparcel buildings or is not visible from a public street, a
11 maximum of 75% of the required parking may be adjacent
12 to a front or side facade containing a customer entrance.
13
4.
14 Unique conditions associated with individual sites
15 may justify the review and approval of alternative site
16 designs that do not specifically comply with the parking lot
17 orientation standards of this subsection. A different design
18 proposal may offer superior results or maximum
- 79 -
1 achievement of the City’s objectives. The above standards
2 may be varied by the City Commission, provided that the
3 applicant can demonstrate there is an unusual site
4 configuration and / or unique circumstances, and the
5 alternative site design clearly meets the intent of these
6 provisions. Alternative design must consider and address
7 the following objectives:
8
a.
9 Maximize the proximity of parking spaces to
10 customer entrances;
11
b.
12 Reduce visual blight of large expanses of
13 surface off-street parking areas; and
14
c.
15 Improve pedestrian connectivity in excess of
16 the minimum standards.
17
5.
18 Regulations shall be enforced in zoning districts and
19 overlay zones where the objective is to discourage or
20 prohibit off-street parking areas between the building and
21 the rights-of-way.
22
K. Miscellaneous.
23
24
1.
25 Buildings should be configured so they complement
26 outdoor spaces. Walkways, entrances and gathering areas
27 should have shading features, such as trees, landscaping,
28 trellis structures, projecting canopies, covered walkways,
29 arcades, and/or porticos. Seating areas and benches should
30 be located in shaded areas that are close to activity, but that
31 will not block or cause congestion in circulation or at
32 entrances. Outdoor employee areas should be integrated
33 into the site design, but should be separated from general
34 public circulation with screening.
35
2.
36 Accessory uses, including a Gasoline Station or
37 Automotive, Minor Repair within large commercial
38 developments should incorporate the design characteristics
39 and architectural treatments applied to the larger building.
40 The use of standardized "corporate" architectural styles
41 associated with chain type businesses is prohibited. The
42 accessory use should not be the focal point in the front
43 setback. If the accessory use is located forward of the
44 larger building, a 25-foot wide landscape strip shall be
45 utilized along all property lines abutting the operation,
46 including a minimum three (3) foot high berm.
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1 Additionally, the accessory use shall be landscaped
2 separately from the remainder of the parking area by a 10-
3 foot wide planting strip.
4
3.
5 See Section 10.B below for additional regulations
6 regarding the design of transit shelters where abutting or
7 located within large non-residential (big box)
8 developments.
9
4.
10 Large commercial buildings in excess of 75,000
11 square feet should be structurally designed to be easily
12 divided into smaller tenant spaces in planning for future
13 adaptive re-use purposes.
14
Section 8. Open Space and Plaza Requirements.
15
16
A. General.
17
18
1. Purpose and Intent.
19 Open air and semi-enclosed
20 public gathering spaces can act as central organizing
21 elements in a large development. They can also contribute
22 to the relationship between different land uses and provide
23 focal points and anchors for pedestrian activity.
24
2. Conflict.
25 Whenever the regulations and
26 requirements of this code are at conflict with any other
27 lawfully enacted and adopted rules, regulations, ordinances,
28 or laws, the most restrictive shall apply. Additionally,
29 specific design provisions within the zoning district
30 regulations of this subsection shall take precedence over the
31 General Design Standards of Section 7.B. below.
32
3. Applicability (by Zoning District).
33
34
a.
35 Mixed Use-High Intensity (MU-H) District.
36 Pursuant to Chapter 3, Article III, Section
37 5.C.1, usable open space shall be required for all
38 developments two (2) acres in size or larger. A
39 minimum of two percent (2%) of the site shall be
40 devoted to usable open space, consisting of plazas
41 or public open space, excluding private recreation
42 areas.
43
b.
44 Infill Planned Unit Development (IPUD).
45 A minimum of 200 square feet of usable
46 open space shall be required per dwelling unit
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1 pursuant to Chapter 3, Article III, Section 2.G.3.
2 The physical attributes of the site shall be respected
3 with particular concern for preservation of natural
4 features, tree growth and open space. Interior and
5 open spaces shall meet the following criteria:
6
7 (1) Shall be required for residential
8 development projects and mixed-use
9 residential projects;
10
11 (2) Shall be designed to be available and
12 accessible to every dwelling unit proposed;
13
14 (3) Shall include consolidated areas
15 principally set aside for active or passive
16 recreational space;
17
18 (4) Shall, where feasible, be centrally
19 located in the development;
20
21 (5) May be designed or sited in
22 conjunction with but shall not include
23 private courtyards, landscape strips,
24 perimeter landscape buffers, preservation /
25 natural areas, and water bodies.; and
26
27 (6) Shall not be occupied by streets,
28 drives, parking areas, or structures other
29 than recreational structures.
30
c.
31 Suburban Mixed Use (SMU) District.
32 Usable open space shall be required for each
33 component of the mixed-use development pursuant
34 to Chapter 3, Article III, Section 4.D.1. In addition,
35 the following standards shall apply:
36
37 (1) Usable open space shall provide
38 active or passive recreational space and shall
39 not be occupied by water bodies, streets,
40 drives, parking areas, or structures other
41 than recreational structures.
42
43 (2) All least 50% of the required usable
44 open space for single family residential uses
45 shall be contained in one (1) or more
46 common pooled areas and a rectangle
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1 inscribed within each common pooled area
2 shall have no dimension less than 75 feet;
3 and
4
5 (3) Up to 50% of the usable open space
6 required for all other uses may be
7 hardscaped plazas and public gathering
8 places.
9
B. Design Standards.
10 Where required or recommended,
11 plazas and usable open space shall be designed as follows:
12
1. Location.
13
14
a.
15 Common open space areas shall be located
16 so as to be readily accessible and useable by
17 residents or visitors in various locations of the
18 development, unless the lands are sensitive natural
19 resources and access should be restricted;
20
b.
21 The lands shall be compact and contiguous
22 unless the land shall be used as a continuation of an
23 existing trail, or specific topographic features
24 require a different configuration. An example of
25 such topographic features would be the provision of
26 a trail or private open area along a riparian corridor;
27
c.
28 Where private common open space areas,
29 trails, parks, or other public spaces exist adjacent to
30 the tract to be subdivided or developed, the private
31 common open space or pedestrian amenity shall, to
32 the maximum extent feasible, be located to adjoin,
33 extend, and enlarge the presently existing trail, park,
34 or other open area land;
35
d.
36 At minimum, the area shall be lighted to
37 meet the requirements of crime prevention through
38 environmental design (CPTED) principles; and
39
e.
40 To the maximum extent feasible, where
41 significant natural and scenic resource assets exist
42 on a property, priority shall be given to protect and
43 preserve as common open space. The assets shall
44 be prioritized as follows:
45
46 (1) Wetlands;
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1
2 (2) Flood hazard areas; and
3
4 (3) Tree preservation areas.
5
2. Materials.
6 Plazas shall be designed with pavers
7 and landscaped areas in order to provide a place for the
8 public to enjoy the outdoors. Boardwalks may be used if
9 the property is located along the Intracoastal Waterway
10 provided that the boardwalk area is sized comparably with
11 the intent of this subsection.
12
3. Seating Areas.
13 At least one (1) linear foot of
14 seating for every 30 square feet of plaza space is required.
15 Seating surfaces shall have a minimum depth of 20 inches;
16
4. Access.
17
18
a.
19 Pedestrians shall have direct access to the
20 plaza from at least one (1) major thoroughfare and
21 at least 50% of the plaza frontage;
22
b.
23 At least one (1) accessible route complying
24 with the Florida Building Code shall connect
25 accessible buildings, accessible facilities, accessible
26 elements, and accessible spaces that are on the same
27 site.
28
c.
29 Curb cuts providing motor vehicle access
30 onto a plaza are prohibited; however, plazas may be
31 designed to provide access for emergency vehicles;
32
5. Landscaping.
33
34
a.
35 Landscape strips and perimeter landscape
36 buffers, required under Chapter 4, Article II,
37 Section 4 cannot count towards the minimum
38 requirements of this subsection; and
39
b.
40 Trees are required in accordance with
41 Chapter 4, Article II, Section 6.B.
42
6. Maintenance.
43 All common open space or
44 pedestrian amenity areas shall be maintained by the
45 owner(s) of the development.
46
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Section 9.Standards for Pedestrian and Bicyclist Amenities.
1
2
A. General.
3 The purpose and intent of this section is to
4 provide regulations that require developments to plan for
5 pedestrian circulation and access; locate, install and maintain
6 pedestrian amenities; and to provide for controls and regulations to
7 protect the public health, safety, and general welfare of the
8 residents and visitors. The requirements for pedestrian amenities
9 will further the City's goals and objectives by providing for
10 alternative means of transportation that improve air quality, reduce
11 energy consumption, efficient use of vehicular parking facilities,
12 proper disposal of waste, and provide for the enhanced physical
13 appearance of the City.
14
15 The Director of Planning and Zoning or designee may waive
16 certain pedestrian amenity requirements of Table 4-9 based on
17 consideration of the number of employees, forecasted anticipated
18 number of customers and projected bicycle and pedestrian traffic.
19
B. Standards.
20
21
1. Circulation.
22
23
a.
24 Pedestrian circulation should be carefully
25 planned in order to prevent conflict between
26 pedestrian areas and vehicular use areas.
27
b.
28 In all cases, pedestrian access shall be
29 provided to public walkways.
30
c.
31 Pedestrian circulation design shall promote
32 interconnectivity with and between land uses to
33 discourage unnecessary use of the automobile and
34 reduce vehicle miles traveled (VMT).
35
2. Table 4-10. Pedestrian & Bicyclist Amenities.
36
37 The minimum number of pedestrian amenities shall
38 be required as follows:
PEDESTRIAN & BICYCLIST AMENITIES
Bicycle
Zoning District or Use Benches Trash Receptacles
Racks
Building area size is based upon gross floor area (in square feet) unless specifically expressed otherwise.
39
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Any “Commercial, Retail
1 per 12,500 1 per 12,500 1 per 12,500
Sales and Services” use;
1 per 12,500
Greater than
1 per 12,500 up to 1 per 12,500 up to
up to 25,000;
25,000 s.f.
25,000; then 1 per 25,000; then 1 per
then 1 per
30,000 30,000
30,000
1 per 12,500
1 per 12,500 up to 1 per 12,500 up to
Any “Office and Health up to 25,000
25,000 then 1 per 25,000 then 1 per
Care” use
then 1 per
25,000 25,000
50,000
Any “Arts, Entertainment,
1 per 15,000 1 per 12,500 1 per 12,500
and Recreational” use
1 per 5
Any “Educational” use 1 per 5 classrooms 1 per 5 classrooms
classrooms
Any “Industrial” use 1 per 30,000 1 per 30,000 1 per 30,000
Dwelling, Multi-family 1 per 75,000 1 per 25,000 of lot 1 per 25,000 of lot
(3+ units); of lot area area area
1 per
Mobile / Manufactured 1 per recreation or 1 per recreation or
recreation or
Home Park amenity area amenity area
amenity area
1 per
Bed & Breakfast 1 per establishment 1 per establishment
establishment
1 per 100
Hotel & Motel 1 per 25 units 1 per 25 units
units
1 per 7
Group Home Type 2, 3, residents but 1 per 7 residents but
1 per 7 residents
and 4 not less than not less than 2
2
1 per
Cemetery 1 per cemetery 1 per cemetery
cemetery
Church 1 per 30,000 1 per 30,000 1 per 30,000
Community Garden 1 per lot 1 per lot 1 per lot
Community Facilities;
1 per 12,500 1 per 12,500 1 per 12,500
Post Office
1 per 12,500 up to 1 per 12,500 up to
1 per 12,500
Greater than 25,000 s.f.
25,000; then 1 per 25,000; then 1 per
up to 25,000;
30,000 30,000
then 1 per
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30,000
1
2
3
a.
4 Where the number of required pedestrian
5 amenities as computed includes a fraction, the
6 number of amenities shall be the computed number
7 rounded to the next highest whole number;
8
b.
9 All pedestrian amenities shall be located on
10 the same building site which they serve and situated
11 on a site so that they do not obstruct the flow of
12 pedestrians using the building entrances or
13 sidewalks and shall adhere to Florida Accessibility
14 Code for Building Construction;
15
c.
16 The owner, tenant and their agent, if any,
17 shall be jointly and severally responsible for the
18 continued proper maintenance of all pedestrian
19 amenities and shall keep them in proper, neat, and
20 orderly appearance;
21
d.
22 When bicycle racks are required or
23 recommended, they shall be located in areas that are
24 enclosed or roofed, or otherwise designed with solid
25 covering, either inside the building (e.g., foyer) or
26 outside and placed in close proximity to the project
27 entrance while still maintaining safe and accessible
28 building ingress and egress. See Section 12.B.2
29 below for additional regulations regarding bicycle
30 racks and Crime Prevention Through
31 Environmental Design (CPTED) guidelines;
32
e.
33 To the maximum extent feasible, trash
34 receptacles should include ashtrays and be located
35 near other pedestrian amenities. The number of
36 receptacles provided may be reduced if located
37 within close proximity of benches;
38
f
39 . On a case by case basis, additional
40 pedestrian amenities may be required for other land
41 uses not listed in Table 4-9;
42
g.
43 Additional pedestrian amenities may be
44 recommended, depending on projected need; and
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1
h.
2 A certificate of occupancy or certificate of
3 completion shall not be issued until pedestrian
4 amenities are provided in accordance with this
5 subparagraph; and
6
i.
7 All pedestrian amenities provided by the
8 property owner shall be decorative in nature and
9 substantial in construction. Their design and
10 appearance must be aesthetically pleasing and
11 compatible with the subject site, adjacent properties,
12 and streetscape furniture, including public
13 improvements and furniture located within the
14 public right-of-way. No signage or advertising shall
15 be permitted on pedestrian amenities.
16
Section 10. Design Standards for Walls, Fences, and Miscellaneous
17
Outdoor Structures.
18
19
A. Walls and Fences.
20 Design, construction, and appearance
21 of walls and fences are important components of site development.
22 Their appearance and upkeep are visual reflections of community
23 character and quality. This subsection shall apply to all new walls
24 and fences.
25
1.Design.
26 Wall and fence design shall be
27 enhanced and decorative in appearance where visible by the
28 public under the following circumstances:
29
a.
30 From the interior of a property;
31
b.
32 From public or private rights-of-way; or
33
c.
34 From abutting or adjacent properties.
35
2. Consistency.
36 Enhanced walls and fences shall be
37 designed in an architectural style consistent with the
38 principal structure(s), incorporating the dominant exterior
39 material(s), colors, and finishes of that structure.
40
3.Monotony Restrictions.
41 Enhanced walls and
42 fences shall be designed with offsets, banding, columns,
43 posts with lintels, finials, or caps, landscape pockets, and
44 other elements to avoid an expansive monolithic or
45 monotonous appearance. Such elements shall be included
46 every 16 feet or less.
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1
2 Decorative wood or PVC / vinyl fences shall either be
3 picket, rail basket weave, or shadow-box style. As noted
4 above, decorative fences shall not be installed in such a
5 manner so as to create a monolithic or monotonous
6 appearance. Every two (2) fence panels or 16 feet of fence
7 must be interrupted by decorative columns or posts, visible
8 from the exterior of the property and topped with
9 decorative capitals. This requirement will not be satisfied
10 by the reversing of the fence material to place the
11 unfinished side out, exposing the four (4) inch by four (4)
12 inch posts and crossmembers to the exterior.
13
4.Chain-Link Fences.
14 Except for within industrial
15 districts, chain-link fences shall not be allowed within the
16 front or side corner yard where they are visible from public
17 or private rights-of-way. See Chapter 3, Article V, Section
18 8 for additional regulations regarding the screening of
19 outdoor storage of merchandise.
20
5. Construction Sites.
21 Temporary fencing (and
22 other types of barriers deemed acceptable to the Building
23 Official) may be erected around construction sites for
24 visual buffering and safety. Temporary fencing shall be
25 approved in conjunction with a building permit and must be
26 removed prior to the issuance of a certificate of occupancy
27 or completion. The temporary fencing may contain
28 screening material enhanced with lifestyle graphics,
29 images, pictorals, wraps, photographs, or a combination
30 thereof, as regulated in the Sign Code (Chapter 4, Article
31 IV, Section 4.B.3.d). However, the screening material
32 allowed in the Sign Code shall not conflict with the original
33 intent for said fencing, mesh, and related materials, which
34 is to offer protection from dust, debris, and other airborne
35 particulate matter (pursuant to Chapter 3, Article V, Section
36 2.F).
37
B. Transit Shelters.
38
39
1. Purpose and Intent.
40 The purpose and
41 intent of this subparagraph is to maximize availability and
42 accessibility of mass-transit by providing an amenity for
43 patrons, help beautify corridors by creating positive
44 gateways into and out of the City, and to provide safer
45 environs for mass-transit users and motorists.
46
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2. Standards.
1 A transit shelter is a roofed structure
2 that may provide seating areas and is typically located
3 within the right-of-way. A transit shelter shall be designed
4 to comply with the Florida Building Code. In addition, the
5 following standards shall apply:
6
a.
7 The location of a transit shelter, including its
8 associated structure and / or equipment, shall
9 comply with all cross visibility and safe-sight
10 requirements.
11
b.
12 If placed on a public sidewalk, the transit
13 shelter location shall provide adequate clearance for
14 pedestrian traffic in order to comply with
15 accessibility requirements of the Florida Building
16 Code.
17
c.
18 All signage placed on transit shelters shall
19 be regulated in accordance with Chapter 4, Article
20 IV, Section 4.D.2.
21
d.
22 The need for, and addition of transit stops
23 shall be considered in conjunction with all new
24 development to accommodate transit stops for the
25 county bus service and other types of transit
26 systems, including a future water taxi service. Fire
27 lanes and other emergency vehicular accessways
28 may be designated by the appropriate public
29 agency. Uses that require service by large vehicles
30 should be designed to allow large vehicle access
31 without blockage of adjoining vehicular or
32 pedestrian circulation.
33
e.
34 The design and architecture of the transit
35 shelter should be compatible with the principal
36 building(s) of large non-residential (big box)
37 developments (see Section 7 above) or consistent
38 with an overall redevelopment plan that provides
39 aesthetic and uniform design guidelines for shelter
40 design.
41
f.
42 Where located within the public right-of-
43 way, the following shall also apply to transit
44 shelters:
45
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1 (1) The transit shelter requires a right-
2 of-way permit, which is subject to review
3 and approval by the City Engineer or
4 designee. See Chapter 2, Article III, Section
5 4 for additional regulations regarding the
6 right-of-way permit.
7
8 (2) All necessary permits are required to
9 install transit shelters within rights-of-way
10 owned by the State of Florida and / or Palm
11 Beach County.
12
g.
13 Where located on private property, the
14 following shall also apply to transit shelters:
15
16 (1) When an outside governmental
17 agency acquires an easement on private
18 property for the purpose of constructing a
19 transit stop shelter, these improvements shall
20 not be subject to minimum setback
21 requirements of the zoning district; and
22
23 (2) Waste receptacles and bicycle racks
24 shall be required and accommodated at
25 transit shelters.
26
3. Removal.
27 Should any bus shelter, associated
28 structure or equipment or sign on an associated structure or
29 equipment, or bus shelter sign fail to conform to the above
30 standards; or should a residential property owner object to
31 the presence of a bus shelter abutting his property, then the
32 city may order the sponsoring organization to remove such
33 bus shelter and, that failing, may remove same at the
34 expense of the sponsoring organization.
35
C. Shopping Cart Corrals.
36 Shopping cart corrals shall be
37 compatible with the architectural design, colors, materials, and
38 finishes of the principal structure.
39
D. Donation Bins.
40 Unmanned donation bins are allowed
41 within commercial and industrial zoning districts but subject to the
42 following regulations:
43
1.Number of Bins.
44 One (1) donation bin may be
45 allowed per lot for commercial or industrial developments
46 consisting of at least 100,000 square feet of gross building
- 91 -
1 area. An additional bin may be allowed for each 100,000
2 square feet of gross building area.
3
2. Location.
4 Donation bins shall not be located in
5 within rights-of-way, required parking spaces, access
6 aisles, walkways, landscape strips, or perimeter landscape
7 buffers. They shall comply with all visibility and safe-sight
8 standards and not pose a safety threat to pedestrian or
9 vehicular traffic. In addition, they shall be located behind
10 the front and side corner building lines.
11
3.Maintenance.
12 The owner of the property
13 shall be responsible for the maintenance of the bins, such
14 that the area is kept neat and orderly and in compliance
15 with the approved site plan for the subject property. This
16 means that all items are located within the bins; no trash is
17 left on the site and there is no graffiti or other visible
18 damage to the bins.
19
4.Appearance.
20 Donation bins shall be painted with
21 natural, earth-tone colors or with those that are intended to
22 match the principal building(s).
23
5.Advertising.
24 Donation bins shall not be used for
25 off-site advertising of commercial activities and be limited
26 to a maximum of four (4) square feet of sign area
27 advertising the sponsoring charitable tax-exempt
28 organization.
29
6. Sponsoring Agencies.
30 Sponsoring agencies
31 shall register with and be evaluated annually by the
32 Department of Development for compliance with the
33 regulations contained in this section. Sponsoring agencies
34 shall provide proof of authorization by the property
35 owner(s), the size, and overall dimensions of each bin, and
36 a site plan detailing the proposed location(s). Sponsoring
37 agencies must provide proof of being a tax-exempt,
38 charitable organization registered as a 501(c)3 of the
39 Internal Revenue Code, in order to place donation bins in
40 the City. Donation bins to an existing site shall require a
41 modification to the approved site plan in accordance with
42 Chapter 2, Article II, Section 2.F.
43
7. Miscellaneous.
44 The foregoing restrictions
45 shall not apply to recycling bins or other similar public
- 92 -
1 collection bins located on City property or otherwise
2 sponsored by the City.
3
Section 11. Maintenance of Buildings, Structures, and Site.
4
5
6 It shall be unlawful for owner(s) of real property within the City to permit
7 the deterioration of the exterior of a building or off-street parking areas
8 such that it becomes non-compliant with these standards or the minimum
9 standards for appearance and maintenance of public and private property
10 (see Part II, Chapter 15, Article IX and Part II, Chapter 10, Article IV).
11
12 The awning/canopy and support system should be maintained at the same
13 level as other components of the building. Rusting/peeling support
14 structures shall be cleaned and repainted. Rotted or broken supports
15 should be replaced. Faded and dirty awnings shall be cleaned or replaced.
16
17
Section 12. Exterior Building and Site Design Guidelines.
18
19
A. Urban Design Guidelines of the Community
20
Redevelopment Agency (CRA).
21
22
1. Purpose and Intent.
23 The purpose of Boynton
24 Beach Urban Design Guidelines are to provide a basis for
25 evaluating redevelopment proposals and act as a guide for
26 making decisions about public and private improvements
27 within the boundaries of the Community Redevelopment
28 Agency. It is anticipated that through the use of the
29 guidelines, both private and public projects will endeavor
30 to preserve and enhance the form, scale, and visual
31 character that make downtown unique within the city and
32 the region. The guidelines will assist to ensure that each
33 incremental site design, architectural, and streetscape
34 project contributes to a positive image for the city.
35
2. Relationship to Comprehensive Plan
36 . In
37 particular, the guidelines are designed to support the
38 following objectives in accordance with the City of
39 Boynton Beach Comprehensive Plan:
40
a.
41 Assure long-term economic vitality of the
42 downtown;
43
b
44 . Create a vibrant mixed-use development
45 downtown urban environment;
46
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c.
1 Create an aesthetically pleasing and vibrant
2 pedestrian oriented downtown;
3
d
4 . Provide improved visual and physical
5 connectivity between downtown districts;
6
e.
7 Encourage the creation of exciting and
8 inviting public urban spaces;
9
f.
10 Develop a downtown urban character that is
11 unique to Boynton Beach;
12
g.
13 Provide interesting architectural design
14 diversity within a continuity of urban design
15 principles; and
16
h.
17 Provide safe, efficient, and aesthetically
18 pleasing accommodations for vehicular access and
19 parking.
20
3. Relationship to Redevelopment Plan
21 . The
22 Urban Design Guidelines are applicable to all properties
23 that are located within the CRA, particularly within the
24 Federal Highway Corridor Community Redevelopment
25 Plan, Heart of Boynton Master Plans & Schematic Designs,
26 Ocean District Community Redevelopment Plan, and
27 Boynton Beach Boulevard Corridor Plan.
28
4.Relationship to Land Development Regulations
29 .
30 The Urban Design Guidelines are applicable to all
31 properties that are located within the CRA, particularly
32 within the Mixed-Use Low Intensity 1 (MU-L1), Mixed-
33 Use Low Intensity 2 (MU-L2), Mixed-Use Low Intensity 3
34 (MU-L3), and Mixed-Use High Intensity (MU-H) zoning
35 districts.
36
B.Crime Prevention Through Environmental Design
37
(CPTED).
38
39
1. General.
40
41
a. Purpose & Intent.
42 The proper design and
43 effective use of the built environment can lead to a
44 reduction in the incidence and fear of crime and
45 improvement in the quality of life by incorporating
46 access control, natural surveillance, and territorial
- 94 -
1 defensive tactics into building and site design
2 components.
3
bApplicability.
4 . The following guidelines
5 have been developed for incorporation into the
6 design of all new residential and non-residential
7 developments and major modifications to approved
8 developments.
9
2. Guidelines.
10 The following guidelines have been
11 developed to further the purpose and intent of this
12 subsection through compliance with the following design
13 elements:
14
a. Lighting.
15
16
17 (1) Exterior lighting should be placed
18 above or near entryways and garages.
19
20 (2) Landscaping should be designed and
21 maintained to reduce conflicts with exterior
22 lighting, taking into account long-term tree
23 canopy growth.
24
25 (3) Landscaping should be designed and
26 maintained to minimize obstruction of view
27 of windows, address numbers, and
28 walkways.
29
30 (4) Pedestrian-scale lighting (maximum
31 12-foot tall, metal halide light poles) should
32 be used for all street and pedestrian
33 walkways.
34
35 (5) On non-residential projects, non-
36 glare lighting should be located around the
37 perimeter or placed on building walls.
38
39 (6) In parking garages, all lighting
40 should be vandal resistant. Enhanced
41 lighting should be used at entrance/exits to
42 reduce transition (from daylight) when
43 entering structure, while not drawing
44 additional attention at night.
45
b. Numerical Address.
46
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1
2 (1)For all multi-family residential and
3 non-residential developments, illumination
4 of the building numbers is recommended.
5
6 (2) For all multi-family residential and
7 non-residential developments, building
8 numbers should be 12 inches in height and
9 placed away from landscaping. Building
10 numbers should be placed on facades that
11 are adjacent to accessways and off-street
12 parking areas.
13
c. Building Design.
14
15
16 (1)Building architecture should allow
17 for enhanced natural surveillance of all off-
18 street parking areas, providing a sense of
19 security to patrons and visitors.
20
21 (2) Security vision doors shall be
22 utilized at all entrances to stairwells on each
23 floor.
24
25 (3) Convex mirrors shall be installed in
26 stairwell and elevator areas.
27
28 (4) Elevators shall be located close to
29 the main entrance, constructed to avoid
30 hidden spaces and utilize Closed Circuit
31 Television (CCTV) surveillance.
32
d. Understory Parking and Parking Garages
33
(Freestanding and Integrated).
34
35
36 (1)The first level of a parking garage
37 should have restricted access from exterior
38 common ground area, in an effort to reduce
39 unauthorized/unsupervised entry. Wrapping
40 the parking garage with residential or non-
41 residential uses is the preferred methodology
42 in the design of a parking garage to restrict
43 unwanted access and meet other design
44 guideline objectives.
45
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1 (2) In the limited areas of the garage not
2 wrapped by other uses, exterior walls
3 surrounding the first floor (ground level)
4 parking should be a minimum three (3) to
5 four (4) feet high. Additionally, decorative
6 grill work should be installed between the
7 top of this wall and the flooring of the
8 second parking level.
9
10 (3) Pedestrian entrances should be
11 adjacent to vehicle entrances, open and free
12 of hidden spaces and wired for CCTV
13 surveillance.
14
15 (4)Each level of the parking garage
16 should be equipped with well-marked,
17 direct-ring emergency telephones which
18 shall terminate at a central monitoring
19 office, station, or booth.
20
21 (5) Ceilings and solid walls inside
22 parking garages should be painted white to
23 increase the brightness within the structure.
24
e.Miscellaneous.
25
26
27 (1) Central mailbox stations should be
28 placed in high-activity and conspicuous
29 locations for enhanced safety and natural
30 surveillance of users.
31
32 (2) Pedestrian crosswalks should be
33 delineated by using contrasting paver blocks
34 as opposed to surface striping. When
35 crosswalks are located away from stop signs
36 within off-street parking areas, they should
37 also be raised. Paver bricks should be
38 compatible in style throughout a
39 development.
40
41 (3) Bicycle racks should be placed in
42 close proximity to building entrances and
43 not located within off-street parking areas.
44
45 (4) Automated Teller Machines (ATM)
46 should not be obscured by any landscaping
- 97 -
1 in excess of two (2) feet in height or other
2 fixed objects that would prevent clear
3 visibility and should have a convex mirror
4 strategically placed to allow the ATM
5 operator to identify any approaching
6 persons.
7
8 (5) ATM’s should have illumination of
9 the walkway leading to and from it,
10 positioned so as not to cause glare on the
11 video recording equipment.
12
13 (6) Benches should have adequate
14 lighting if they are intended for nighttime
15 use and be located in open view to eliminate
16 concealment areas.
17
Section 3. Community Design Standards
18
19
A. Exterior of Building.
20 Building design approval shall be
21 based on the use of the structure, its relationship to the site, and its
22 compatibility with the surrounding natural and built environment.
23 All buildings, structures, and site improvements required under this
24 section shall comply with the following community design
25 standards:
26
1. Architectural Enhancements.
27 Façade
28 articulation adds architectural interest and variety to the
29 massing of a building and prevents a plain, monotonous
30 facades. A variety of features must be incorporated into the
31 design of the buildings to provide sufficient articulation of
32 the facades. This may be achieved by incorporating the use
33 of vertical and/or horizontal reveals, stepbacks, modulation,
34 projections, roof detailing, and three dimensional details
35 between surface planes to create shadow lines and break up
36 flat surface areas.
37
38 A minimum of three (3) of the following architectural
39 enhancements or other similar treatments shall be
40 integrated into all applicable building facades to avoid the
41 appearance of a blank wall:
42
a.
43 Columns or pilasters;
44
b.
45 Decorative cornices;
46
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c.
1 Horizontal banding;
2
d.
3 Arches;
4
e.
5 Decorative vents or louvers;
6
f.
7 Moldings and trims;
8
g.
9 Decorative shutters;
10
h.
11 Bay windows;
12
i.
13 Faux windows;
14
j.
15 Art elements; and
16
k.
17 Canopies, balconies, overhangs, and other
18 horizontal projections. In addition, multi-story
19 buildings shall incorporate these design features in
20 conjunction with the architectural enhancements
21 listed above within this subsection.
22
2. Exterior Treatment and Finishes.
23
24 Exterior building finishes shall be limited to:
25
a.
26 Brick or brick veneer;
27
b.
28 Stone or stone veneer;
29
c.
30 Stucco; and
31
d.
32 Split face (accent only), pre-formed, or
33 textured masonry block.
34
3.Symbols.
35 Buildings, which are of symbolic
36 design for reasons of advertising, unless otherwise
37 consistent with the criteria herein, shall not be allowed.
38
39 All permanent outdoor identification features which are
40 intended to call attention to a proposed development and /
41 or structures shall be designed and located in such a manner
42 as to be an integral part of the development.
43
4.Building Paint Color(s).
44
45
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a. Purpose and Intent.
1 The purpose
2 of this subparagraph is to enhance the unique
3 architectural environment of the City by
4 establishing general standards for the choice of
5 colors for the exterior surfaces of buildings and
6 structures, including courtyards accessible to the
7 public.
8
b. Applicability.
9 The painting of all
10 public and private development, but not limited to,
11 new buildings, structures, additions, alterations,
12 roof tiles or roof finishes, and the repainting of
13 existing buildings and structures. This
14 subparagraph also includes the reflectance, tinting,
15 and coloration of glass on the elevations of a
16 building or structure.
17
c. Standards.
18
19
20 (1)A minimum combination of three (3)
21 complimentary building colors shall be used
22 for each development. Painted surfaces
23 include the wall, trim, and accents.
24
25 (2) Color(s) shall be compatible with the
26 surrounding area and used to complement
27 the development;
28
29 (3) Paint color should be used to
30 highlight architectural forms and details but
31 not to create them. Architectural murals
32 may be appropriate for a particular building
33 and may be considered on a case-by-case
34 basis;
35
36 (4) When a non-residential building
37 contains more than one (1) storefront, the
38 building colors shall not be different to
39 distinguish between each storefront; and
40
41 (5) Stone or tile surfaces shall not be
42 painted unless complimentary to the
43 development.
44
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5. Awnings and Canopies.
1 The following design
2 standards shall be applied to awning and canopies within
3 all districts:
4
a. Function.
5 Awnings shall be of adequate
6 height and depth to provide protection to pedestrian
7 from the elements and used in a manner that
8 accentuates architectural features and
9 embellishments; and
10
b. Size.
11 The size of an awning should be
12 proportional to the scale of the host building and the
13 surrounding streetscape.
14
c. Appearance and Color.
15
16
a.
17 The appearance and color(s) of
18 awnings shall enhance the overall design of
19 the building and be compatible with the
20 selected building material(s) and color(s);
21 and
22
b.
23 All awnings shall incorporate
24 uniformity in their design (including
25 valances). Scalloped valances may be
26 permitted provided that their appearance and
27 color is compatible with the type and shape
28 of awning being used as well as with the
29 architecture and materials of the building.
30
c.
31 No awnings, valances, or support
32 structures (including signage attached
33 thereto) shall be internally-illuminated or
34 backlit.
35
d. Miscellaneous.
36
37
38 (1). Within Right-of-Way. Awnings may
39 extend over a public sidewalk within a right-
40 of-way. The applicant shall obtain all
41 necessary approvals and permits for those
42 canopies or awnings that extend into the
43 public right-of-way, prior to the issuance of
44 a permit.
45
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1 (2). Maintenance. See Section 4.
2 for additional regulations regarding the
3 maintenance of awnings and canopies.
4
6.Monotony Restrictions.
5 In order to enhance a
6 desired character or appearance and to promote a variety of
7 architectural structures, project may be required to include
8 a diversity of floor plans and / or elevations, or a variety of
9 residential housing models and / or architectural styles,
10 including but not limited to floor plans, elevations, building
11 scale, building massing, building proportion, architectural
12 trim and architectural details, within a development. For
13 example, the City may require any number of different
14 floor plans of a particular architectural style within a
15 development, and may require as a condition of approval
16 that a certain number of lots on either side or on the same
17 side of the street be constructed with any number of
18 different floor plans or housing model types. For purposes
19 of this section, "monotonous" means houses with identical
20 floor plans or elevations.
21
22 See Section 3.E.3 below for additional monotony
23 restrictions for wall and fences.
24
7.Overhead Doors.
25 Due to the high degree of
26 visibility of buildings located on Hypoluxo Road, Miner
27 Road, Congress Avenue, Lawrence Road, Gateway
28 Boulevard, Quantum Lakes Drive, Old Boynton Road,
29 Knuth Road, Woolbright Road, Boynton Beach Boulevard,
30 Winchester Park Boulevard, High Ridge Road, Seacrest
31 Boulevard, Golf Road, Ocean Avenue, Federal Highway,
32 Old Dixie Highway, N.E. 10th Avenue and S.E. 36th
33 Avenue, which include entrances to the City, the following
34 exterior design requirements apply:
35
a.
36 Overhead doors shall not be located on a
37 building facade(s) visible from any of the above
38 public or private rights-of-way; and
39
b.
40 Building facades that are visible from any of
41 the roadways listed above shall be designed in such
42 a manner as to enhance and disguise the appearance
43 of a warehouse and / or service area.
44
8. Downspouts.
45 External downspouts shall be
46 enclosed within the building structure on any building
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1 elevation visible from areas within the property accessible
2 by the public, from adjoining properties within the same
3 master development (including drive aisles and parking
4 facilities), and from public rights-of-way. Downspout
5 enclosures shall be incorporated into the design of the
6 building and be complimentary to architecture. For
7 example, downspouts may be enclosed in columns or
8 pilasters if such features are used elsewhere on the
9 building, or are consistent with the building’s architectural
10 style.
11
9. Mechanical Equipment.
12 Lack of or inadequate
13 screening of mechanical equipment can have negative
14 visual impacts on the City's streetscape, ambient landscape,
15 or community image. Mechanical equipment can further
16 negatively impact the surrounding properties because of the
17 noise that may be produced. Such impacts shall be
18 minimized through compliance with the following
19 requirements:
20
a.Rooftop.
21 Rooftops will be treated as
22 part of the building elevation. Buildings shall have
23 an appropriate and fully integrated rooftop
24 architectural treatment which substantially screens
25 all mechanical equipment, stairs, and elevator
26 towers. All rooftop equipment must be completely
27 screened from view at a minimum distance of 600
28 feet. Where feasible, rooftop mechanical equipment
29 shall be located within the area of the roof surface
30 that is farthest away from adjacent residential uses
31 or residential zoned property.
32
bAt-Grade.
33 . 4. Exterior utility boxes,
34 meters, transformers, etc. shall be screened from
35 public view either by a buffer wall in accordance
36 with Chapter 3, Article V, or by a continuous
37 vegetative buffer as required by Chapter 4, Article
38 II. The intent is to create an opaque barrier
39 constructed of compatible materials matching the
40 building in color, or its equivalent in the form of
41 landscaping, to a height at least equal to the highest
42 point of the equipment. Structural screening shall
43 be architecturally integrated into the overall project
44 design and shall be compatible, in terms of style,
45 construction materials, colors, and finish, with the
46 principal structure(s). Where feasible, on site
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1 mechanical equipment shall be located as far away
2 from adjacent residential uses or residential-zoned
3 property as is feasible.
4
10. Drive-Through Facilities and / or Walk-up
5
Windows.
6 Walk-up windows and drive-through
7 facilities shall not be allowed on any building façade that
8 directly fronts on a public or private right-of-way. On
9 eligible building façades (sides and / or rear), the following
10 design standards are required where windows for drive-
11 through facilities are proposed:
12
a.
13 The building facade shall have windows that
14 occupy no less than 25% of the facade and that are
15 located at the pedestrian level. A maximum of 10%
16 of this 25% may be non-transparent windows.
17
b.
18 The building facade shall be modulated and
19 divided into smaller identifiable pieces to articulate
20 the plane of the facade.
21
c.
22 The building facade shall have at least one
23 offset having a pitched roof.
24
d.
25 Additional landscaping for the screening of
26 drive-through facilities is required in accordance
27 with Chapter 4, Article II, Section 5.D.
28
B. Open Space and Plazas.
29
30
1. General.
31
32
a. Purpose and Intent.
33 Open air and
34 semi-enclosed public gathering spaces can act as
35 central organizing elements in a large development.
36 They can also contribute to the relationship between
37 different land uses and provide focal points and
38 anchors for pedestrian activity.
39
b. Conflict.
40 Whenever the regulations and
41 requirements of this code are at conflict with any
42 other lawfully enacted and adopted rules,
43 regulations, ordinances, or laws, the most restrictive
44 shall apply. Additionally, specific design
45 provisions within the zoning district regulations of
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1 this subsection shall take precedence over the
2 General Design Standards of Section 3.B.2 below.
3
c. Applicability (by Zoning District).
4
5
6 (1) Mixed Use-High Intensity (MU-H)
7 District.Pursuant to Chapter 3, Article
8 III, Section 5.C.1, usable open space shall be
9 required for all developments two (2) acres
10 in size or larger. A minimum of two percent
11 (2%) of the site shall be devoted to usable
12 open space, consisting of plazas or public
13 open space, excluding private recreation
14 areas.
15
16 (2) Infill Planned Unit Development
17 (IPUD). A minimum of 200 square
18 feet of usable open space shall be required
19 per dwelling unit pursuant to Chapter 3,
20 Article III, Section 2.G.3. The physical
21 attributes of the site shall be respected with
22 particular concern for preservation of natural
23 features, tree growth and open space.
24 Interior and open spaces shall meet the
25 following criteria:
26
27 (a) Shall be required for
28 residential development projects and
29 mixed-use residential projects;
30
31 (b) Shall be designed to be
32 available and accessible to every
33 dwelling unit proposed;
34
35 (c) Shall include consolidated
36 areas principally set aside for active
37 or passive recreational space;
38
39 (d) Shall, where feasible, be
40 centrally located in the development;
41
42 (e) May be designed or sited in
43 conjunction with but shall not
44 include private courtyards, landscape
45 strips, perimeter landscape buffers,
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1 preservation / natural areas, and
2 water bodies.; and
3
4 (f) Shall not be occupied by
5 streets, drives, parking areas, or
6 structures other than recreational
7 structures.
8
9 (3) Suburban Mixed Use (SMU)
10 District. Usable open space shall be
11 required for each component of the mixed-
12 use development pursuant to Chapter 3,
13 Article III, Section 4.D.1. In addition, the
14 following standards shall apply:
15
16 (a) Usable open space shall
17 provide active or passive recreational
18 space and shall not be occupied by
19 water bodies, streets, drives, parking
20 areas, or structures other than
21 recreational structures.
22
23 (b) All least 50% of the required
24 usable open space for single family
25 residential uses shall be contained in
26 one (1) or more common pooled
27 areas and a rectangle inscribed
28 within each common pooled area
29 shall have no dimension less than 75
30 feet; and
31
32 (c) Up to 50% of the usable open
33 space required for all other uses may
34 be hardscaped plazas and public
35 gathering places.
36
2. General Design Standards.
37 Where
38 required or recommended, plazas and usable open space
39 shall be designed as follows:
40
a. Location.
41
42
43 (1) Common open space areas shall be
44 located so as to be readily accessible and
45 useable by residents or visitors in various
46 locations of the development, unless the
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1 lands are sensitive natural resources and
2 access should be restricted;
3
4 (2) The lands shall be compact and
5 contiguous unless the land shall be used as a
6 continuation of an existing trail, or specific
7 topographic features require a different
8 configuration. An example of such
9 topographic features would be the provision
10 of a trail or private open area along a
11 riparian corridor;
12
13 (3) Where private common open space
14 areas, trails, parks, or other public spaces
15 exist adjacent to the tract to be subdivided or
16 developed, the private common open space
17 or pedestrian amenity shall, to the maximum
18 extent feasible, be located to adjoin, extend,
19 and enlarge the presently existing trail, park,
20 or other open area land;
21
22 (4) At minimum, the area shall be
23 lighted to meet the requirements of crime
24 prevention through environmental design
25 (CPTED) principles; and
26
27 (5) To the maximum extent feasible,
28 where significant natural and scenic
29 resource assets exist on a property, priority
30 shall be given to protect and preserve as
31 common open space. The assets shall be
32 prioritized as follows:
33
34 (i) Wetlands;
35
36 (ii) Flood hazard areas; and
37
38 (iii) Tree preservation areas.
39
b. Materials.
40 Plazas shall be designed with
41 pavers and landscaped areas in order to provide a
42 place for the public to enjoy the outdoors.
43 Boardwalks may be used if the property is located
44 along the Intracoastal Waterway provided that the
45 boardwalk area is sized comparably with the intent
46 of this subsection.
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1
c. Seating Areas.
2 At least one (1) linear
3 foot of seating for every 30 square feet of plaza
4 space is required. Seating surfaces shall have a
5 minimum depth of 20 inches;
6
d. Access.
7
8
9 (1) Pedestrians shall have direct access
10 to the plaza from at least one (1) major
11 thoroughfare and at least 50% of the plaza
12 frontage;
13
14 (2) At least one (1) accessible route
15 complying with the Florida Building Code
16 shall connect accessible buildings,
17 accessible facilities, accessible elements,
18 and accessible spaces that are on the same
19 site.
20
21 (3) Curb cuts providing motor vehicle
22 access onto a plaza are prohibited; however,
23 plazas may be designed to provide access
24 for emergency vehicles;
25
e. Landscaping.
26
27
28 (1) Landscape strips and perimeter
29 landscape buffers, required under Chapter 4,
30 Article II, Section 4 cannot count towards
31 the minimum requirements of this
32 subsection; and
33
34 (2) Trees are required in accordance
35 with Chapter 4, Article II, Section 6.B.
36
f. Maintenance.
37 All common open
38 space or pedestrian amenity areas shall be
39 maintained by the owner(s) of the development.
40
C. Off-Street Parking Facilities (by Zoning District).
41
42
1. General.
43
44
a. Purpose and Intent.
45 The location
46 of off-street parking areas and the type of parking
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1 facilities proposed for a development can directly
2 impact the aesthetic fabric and quality of life for
3 surrounding properties and the community as a
4 whole. It is the purpose of this section to provide
5 design standards tailored to distinct geographic
6 areas of the City to ensure that the location, type,
7 and appearance of off-street parking areas is
8 appropriate with the type, intensity, scale, and
9 location of new development. The intent of this
10 section is to promote standards that are functional,
11 practical, equitable, and creative.
12
b. Types of Off-Street Parking Facilities.
13
14 The four (4) types of off-street parking
15 facilities regulated herein are as follows: Surface
16 parking, understory parking, freestanding parking
17 garages, and integrated parking garages. They are
18 generally described as follows:
19
20 (1) Surface Parking. A parking area
21 where there is no gross building area below
22 or above the parking stalls, except for
23 ancillary structures such as shade canopies
24 or similar structures.
25
26 (2) Understory Parking Garage. An off-
27 street parking area located below gross
28 building area. Parking stalls are typically
29 located on or below ground level.
30
31 (3) Freestanding Parking Garage.
32 An off-street parking area located
33 within a structure with two (2) or more
34 levels, where the parking structure is the
35 principal use of the building. Freestanding
36 parking garages may include accessory
37 habitable or non-habitable building areas
38 located at ground level.
39
40 (4) Integrated Parking Garage. An off-
41 street parking area located within a structure
42 with two (2) or more levels, where the
43 parking structure is the accessory use of the
44 premises. Integrated parking garages are
45 located within mixed-use developments and
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1 habitable gross building area is wrapped
2 around the facility on all levels.
3
c. General Rules
4
5
6 (1) All parking facilities may contain
7 small, permanent structures, such as shade
8 structures and booths used by parking
9 attendants.
10
11 (2) For the purpose of this section,
12 “Mixed-Use (Urban)” districts include the
13 Mixed Use-Low Intensity 1 (MU-L1),
14 Mixed Use-Low Intensity 2 (MU-L2),
15 Mixed Use-Low Intensity 3 (MU-L3), and
16 Mixed Use-High Intensity (MU-H) district.
17 See Chapter 3, Article III, Section 5 for
18 additional regulations pertaining to each
19 zoning district.
20
21 (3) “Overlay Zones” include the Urban
22 Commercial District Overlay Zone
23 (UCDOZ) and the Martin Luther King Jr.
24 Boulevard Overlay Zone (MLKJBOZ). See
25 Chapter 3, Article III, Section 8 for
26 additional regulations pertaining to each
27 overlay zone.
28
2. All Districts.
29
30
a.
31 Separate vehicular and pedestrian circulation
32 systems on a site are encouraged and designed in
33 accordance with Chapter 4, Article VI, Section 3.C.
34 In addition, curbs and wheel stops shall be installed
35 in conformance with Chapter 4, Article VI, Section
36 3.C.
37
b.
38 Vehicular and pedestrian circulation systems
39 on adjacent properties shall be linked to encourage
40 cross-access.
41
c.
42 Off-street parking facilities and other
43 vehicular use areas shall be integrated with
44 surrounding structures and with the building, or
45 group of buildings, that they serve.
46
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d.
1 Design emphasis shall be given to the
2 entrances and exits to parking areas, through use of
3 landscaping, unless otherwise determined by staff to
4 be contrary to the design objectives and principles
5 of this article.
6
e.
7 See Section 3.I.10 below for additional
8 regulations regarding pedestrian pathways within
9 off-street parking areas of large non-residential (big
10 box) developments.
11
f.
12 See Section 5.B.2 below for additional
13 regulations regarding off-street parking areas and
14 Crime Prevention Through Environmental Design
15 (CPTED) guidelines.
16
3. “Mixed Use (Urban)” Districts and Central
17
Business District (CBD).
18 Within “Urban Mixed-Use”
19 districts, off-street parking areas shall be located to the rear
20 or side of the structure they are intended to serve and
21 screened from view from public streets, notwithstanding
22 other provisions of these regulations that require a specific
23 setback for a garage for a residential dwelling unit. The
24 intent of these regulations is to emphasize buildings and
25 pedestrian features within the streetscape and minimize the
26 visual impacts of parking facilities. Where possible,
27 parking areas should be located to the rear of a project.
28 Also where possible, access to parking areas shall be from
29 side streets, in order to minimize driveways and vehicular /
30 pedestrian conflicts. The following standards shall apply to
31 all properties located within Urban Mixed-Use districts as
32 described in Section 3.C.1.c(2) above:
33
a. Surface Parking.
34 Within the “Mixed-
35 Use (Urban)” districts, surface parking should not
36 be visible from an arterial or collector roadway.
37 Structured parking is preferred for all mixed-use
38 development.
39
b. Understory Parking Garage.
40
41 Understory parking (on the first floor of a
42 structure) is allowed throughout all “Mixed-Use
43 (Urban)” districts.
44
c. Freestanding Parking Garages.
45
46 Freestanding parking garages are allowed within the
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1 “Mixed-Use (Urban)” districts provided that they do
2 not have frontage on any arterial or collector
3 roadway. The height of the freestanding parking
4 garage may not exceed 75 feet in the MU-H district.
5
6 All parking garages that front on arterial or collector
7 roadways must be integrated into the development
8 and designed as provided for in subparagraph “d”
9 below.
10
d. Integrated Garages.
11 Parking
12 garages that are incorporated into the same structure
13 as a principal building, including structures
14 providing parking on lower floors and habitable
15 space on upper floors are permitted within every
16 “Mixed-Use (Urban)” district. Habitable floor area
17 must wrap all upper-levels of the parking structure
18 where the structure has frontage along a public
19 right-of-way or is abutting a single-family
20 residential zoning district. The intent of the
21 integrated garage is to border or wrap the parking
22 structure with permitted habitable floor area, such
23 as storefronts, to a minimum depth of 20 feet, so as
24 to disguise the garage and create continuity in
25 street-level activity by maintaining interest for
26 pedestrians and passing automobile traffic.
27
28 The remaining façade(s) of the integrated garage
29 shall be constructed to appear as habitable floor area
30 and designed compatible with the architecture of the
31 adjacent structures within the subject development
32 and abutting properties. Design elements used to
33 disguise the garage may include features such as a
34 living trellis (utilizing climbing vines), planter
35 boxes, tall landscaping, shutters, and / or other
36 architecturally articulated façade features in order to
37 soften its impact.
38
4. Suburban Mixed-Use (SMU) District.
39
40
a. Understory Garages.
41 Understory
42 parking (on the first floor of a structure) is allowed
43 throughout the SMU district.
44
b. Freestanding Garages.
45 Freestanding
46 parking garages are not allowed within the SMU
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1 district. All parking structures, excluding
2 understory garages, shall be designed as an
3 integrated garage as provided for in subparagraph
4 “c” below.
5
c. Integrated Garages.
6 Parking
7 garages that are incorporated into the same structure
8 as a principal building, including structures
9 providing parking on lower floors and habitable
10 space on upper floors are permitted within the SMU
11 district. Habitable floor area must wrap all upper-
12 levels of the parking structure where the structure
13 has frontage along an arterial roadway or is abutting
14 a single-family residential zoning district. The
15 intent of the integrated garage is to border or wrap
16 the parking structure with permitted habitable floor
17 area, such as storefronts, to a minimum depth of 20
18 feet, so as to disguise the garage and create
19 continuity in street-level activity by maintaining
20 interest for pedestrians and passing automobile
21 traffic.
22
23 The remaining façade(s) of the integrated garage
24 shall be constructed to appear as habitable floor area
25 and designed compatible with the architecture of the
26 adjacent structures within the subject development
27 and abutting properties. Design elements used to
28 disguise the garage may include features such as a
29 living trellis (utilizing climbing vines), planter
30 boxes, tall landscaping, shutters, and / or other
31 architecturally articulated façade features in order to
32 soften its impact.
33
5. “Overlay Zones.”
34 One of the objectives of the
35 Urban Commercial District Overlay Zone and the Martin
36 Luther King Jr. Boulevard Overlay Zone overlay zone is to
37 prevent the placement of off-street parking areas between
38 the front of the building and the rights-of-way.
39
6. Miscellaneous.
40
41
a. Number of Required Parking Spaces.
42
43 Required parking for all uses shall be as set
44 forth by Chapter 4, Article V, Section 2.
45
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b. Off-Site Parking.
1 Off-street parking
2 spaces may be allowed off-site but with a maximum
3 distance in accordance with Chapter 4, Article VI,
4 Section 4.D.2.
5
c. Interconnectivity.
6 Interconnectivity
7 between off-street parking areas, including drive
8 aisles and pedestrian connections shall be planned
9 for and designed in accordance with Chapter 4,
10 Article VI, Section 4.D.3.
11
d. Off-Street Parking for Large Non-
12
Residential Development (Big Box).
13 See
14 Section 3.I.10 below for additional regulations
15 regarding off-street parking lot locations for large
16 non-residential (big box) developments.
17
e. Trash Collection Points.
18
19
20 (1).Screening. See Chapter 4, Article
21 VI, Section 4.C for additional regulations
22 regarding the appropriate location and
23 screening of trash collection areas.
24
25 (2).Landscaping. See Chapter 4,
26 Article II, Section 6.G for additional
27 regulations regarding the landscaping of
28 trash collection areas.
29
D.Pedestrian Circulation and Amenities.
30
31
1. General.
32 The purpose and intent of this
33 section is to provide regulations that require developments
34 to plan for pedestrian circulation and access; locate, install
35 and maintain pedestrian amenities; and to provide for
36 controls and regulations to protect the public health, safety,
37 and general welfare of the residents and visitors. The
38 requirements for pedestrian amenities will further the City's
39 goals and objectives by providing for alternative means of
40 transportation that improve air quality, reduce energy
41 consumption, efficient use of vehicular parking facilities,
42 proper disposal of waste, and provide for the enhanced
43 physical appearance of the City.
44
45 The Director of Planning and Zoning or designee may
46 waive certain pedestrian amenity requirements of Table 4-9
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1 based on consideration of the number of employees,
2 forecasted anticipated number of customers and projected
3 bicycle and pedestrian traffic.
4
2. Standards.
5
6
a. Circulation.
7
8
9 (1) Pedestrian circulation should be
10 carefully planned in order to prevent conflict
11 between pedestrian areas and vehicular use
12 areas.
13
14 (2) In all cases, pedestrian access shall
15 be provided to public walkways.
16
17 (3) Pedestrian circulation design shall
18 promote interconnectivity with and between
19 land uses to discourage unnecessary use of
20 the automobile and reduce vehicle miles
21 traveled (VMT).
22
b. Table 4-9. Pedestrian & Bicyclist
23
Amenities.
24 The minimum number of pedestrian
25 amenities shall be required as follows:
26
PEDESTRIAN & BICYCLIST AMENITIES
Zoning District or Use Bicycle Racks Benches Trash Receptacles
Building area size is based upon gross floor area (in square feet) unless specifically expressed otherwise.
Any “Commercial, Retail
1 per 12,500 1 per 12,500 1 per 12,500
Sales and Services” use;
Greater than
1 per 12,500 up to 1 per 12,500 up to 1 per 12,500 up to
25,000 s.f.
25,000; then 1 per 25,000; then 1 per 25,000; then 1 per
30,000 30,000 30,000
1 per 12,500 up to 1 per 12,500 up to 1 per 12,500 up to
Any “Office and Health
25,000 then 1 per 25,000 then 1 per 25,000 then 1 per
Care” use
50,000 25,000 25,000
Any “Arts, Entertainment,
1 per 15,000 1 per 12,500 1 per 12,500
and Recreational” use
Any “Educational” use 1 per 5 classrooms 1 per 5 classrooms 1 per 5 classrooms
27
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1
PEDESTRIAN & BICYCLIST AMENITIES
Zoning District or Use Bicycle Racks Benches Trash Receptacles
Building area size is based upon gross floor area (in square feet) unless specifically expressed otherwise.
Any “Industrial” use 1 per 30,000 1 per 30,000 1 per 30,000
Dwelling, Multi-family 1 per 25,000 of lot 1 per 25,000 of lot
1 per 75,000 of lot area
(3+ units); area area
Mobile / Manufactured 1 per recreation or 1 per recreation or 1 per recreation or
Home Park amenity area amenity area amenity area
Bed & Breakfast 1 per establishment 1 per establishment 1 per establishment
Hotel & Motel 1 per 100 units 1 per 25 units 1 per 25 units
Group Home Type 2, 3, 1 per 7 residents but 1 per 7 residents but
1 per 7 residents
and 4 not less than 2 not less than 2
Cemetery 1 per cemetery 1 per cemetery 1 per cemetery
Church 1 per 30,000 1 per 30,000 1 per 30,000
Community Garden 1 per lot 1 per lot 1 per lot
Community Facilities;
1 per 12,500 1 per 12,500 1 per 12,500
Post Office
1 per 12,500 up to 1 per 12,500 up to 1 per 12,500 up to
Greater than 25,000 s.f.
25,000; then 1 per 25,000; then 1 per 25,000; then 1 per
30,000 30,000 30,000
2
c.
3 Where the number of required pedestrian
4 amenities as computed includes a fraction, the
5 number of amenities shall be the computed number
6 rounded to the next highest whole number;
7
d.
8 All pedestrian amenities shall be located on
9 the same building site which they serve and situated
10 on a site so that they do not obstruct the flow of
11 pedestrians using the building entrances or
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1 sidewalks and shall adhere to Florida Accessibility
2 Code for Building Construction;
3
e.
4 The owner, tenant and their agent, if any,
5 shall be jointly and severally responsible for the
6 continued proper maintenance of all pedestrian
7 amenities and shall keep them in proper, neat, and
8 orderly appearance;
9
f.
10 When bicycle racks are required or
11 recommended, they shall be located in areas that are
12 enclosed or roofed, or otherwise designed with solid
13 covering, either inside the building (e.g., foyer) or
14 outside and placed in close proximity to the project
15 entrance while still maintaining safe and accessible
16 building ingress and egress. See Section 5.B.2
17 below for additional regulations regarding bicycle
18 racks and Crime Prevention Through
19 Environmental Design (CPTED) guidelines;
20
g.
21 To the maximum extent feasible, trash
22 receptacles should include ashtrays and be located
23 near other pedestrian amenities. The number of
24 receptacles provided may be reduced if located
25 within close proximity of benches;
26
h
27 . On a case by case basis, additional
28 pedestrian amenities may be required for other land
29 uses not listed in Table 4-9;
30
i.
31 Additional pedestrian amenities may be
32 recommended, depending on projected need; and
33
j.
34 A certificate of occupancy or certificate of
35 completion shall not be issued until pedestrian
36 amenities are provided in accordance with this
37 subparagraph; and
38
k.
39 All pedestrian amenities provided by the
40 property owner shall be decorative in nature and
41 substantial in construction. Their design and
42 appearance must be aesthetically pleasing and
43 compatible with the subject site, adjacent properties,
44 and streetscape furniture, including public
45 improvements and furniture located within the
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1 public right-of-way. No signage or advertising shall
2 be permitted on pedestrian amenities.
3
E. Walls and Fences.
4 Design, construction, and appearance
5 of walls and fences are important components of site development.
6 Their appearance and upkeep are visual reflections of community
7 character and quality. This subsection shall apply to all new walls
8 and fences.
9
1.Design.
10 Wall and fence design shall be
11 enhanced and decorative in appearance where visible by the
12 public under the following circumstances:
13
a.
14 From the interior of a property;
15
b.
16 From public or private rights-of-way; or
17
c.
18 From abutting or adjacent properties.
19
2. Consistency.
20 Enhanced walls and fences shall be
21 designed in an architectural style consistent with the
22 principal structure(s), incorporating the dominant exterior
23 material(s), colors, and finishes of that structure.
24
3.Monotony Restrictions.
25 Enhanced walls and
26 fences shall be designed with offsets, banding, columns,
27 posts with lintels, finials, or caps, landscape pockets, and
28 other elements to avoid an expansive monolithic or
29 monotonous appearance. Such elements shall be included
30 every 16 feet or less.
31
32 Decorative wood or PVC / vinyl fences shall either be
33 picket, rail basket weave, or shadow-box style. As noted
34 above, decorative fences shall not be installed in such a
35 manner so as to create a monolithic or monotonous
36 appearance. Every two (2) fence panels or 16 feet of fence
37 must be interrupted by decorative columns or posts, visible
38 from the exterior of the property and topped with
39 decorative capitals. This requirement will not be satisfied
40 by the reversing of the fence material to place the
41 unfinished side out, exposing the four (4) inch by four (4)
42 inch posts and crossmembers to the exterior.
43
4.Chain-Link Fences.
44 Except for within industrial
45 districts, chain-link fences shall not be allowed within the
46 front or side corner yard where they are visible from public
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1 or private rights-of-way. See Chapter 3, Article V, Section
2 8 for additional regulations regarding the screening of
3 outdoor storage of merchandise.
4
5. Construction Sites.
5 Temporary fencing (and
6 other types of barriers deemed acceptable to the Building
7 Official) may be erected around construction sites for
8 visual buffering and safety. Temporary fencing shall be
9 approved in conjunction with a building permit and must be
10 removed prior to the issuance of a certificate of occupancy
11 or completion. The temporary fencing may contain
12 screening material enhanced with lifestyle graphics,
13 images, pictorals, wraps, photographs, or a combination
14 thereof, as regulated in the Sign Code (Chapter 4, Article
15 IV, Section 4.B.3.d). However, the screening material
16 allowed in the Sign Code shall not conflict with the original
17 intent for said fencing, mesh, and related materials, which
18 is to offer protection from dust, debris, and other airborne
19 particulate matter (pursuant to Chapter 3, Article V, Section
20 2.F).
21
F. Miscellaneous Outdoor Structures (Excluding Walls
22
and Fences)
23
24
1. Transit Shelters
25
26
a. Purpose and Intent.
27 The purpose
28 and intent of this subparagraph is to maximize
29 availability and accessibility of mass-transit by
30 providing an amenity for patrons, help beautify
31 corridors by creating positive gateways into and out
32 of the City, and to provide safer environs for mass-
33 transit users and motorists.
34
b. Standards.
35 A transit shelter is a roofed
36 structure that may provide seating areas and is
37 typically located within the right-of-way. A transit
38 shelter shall be designed to comply with the Florida
39 Building Code. In addition, the following standards
40 shall apply:
41
42 (1) The location of a transit shelter,
43 including its associated structure and / or
44 equipment, shall comply with all cross
45 visibility and safe-sight requirements.
46
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1 (2) If placed on a public sidewalk, the
2 transit shelter location shall provide
3 adequate clearance for pedestrian traffic in
4 order to comply with accessibility
5 requirements of the Florida Building Code.
6
7 (3) All signage placed on transit shelters
8 shall be regulated in accordance with
9 Chapter 4, Article IV, Section 4.D.2.
10
11 (4) The need for, and addition of transit
12 stops shall be considered in conjunction with
13 all new development to accommodate transit
14 stops for the county bus service and other
15 types of transit systems, including a future
16 water taxi service. Fire lanes and other
17 emergency vehicular accessways may be
18 designated by the appropriate public agency.
19 Uses that require service by large vehicles
20 should be designed to allow large vehicle
21 access without blockage of adjoining
22 vehicular or pedestrian circulation.
23
24 (5) The design and architecture of the
25 transit shelter should be compatible with the
26 principal building(s) of large non-residential
27 (big box) developments (see Section 3.I) or
28 consistent with an overall redevelopment
29 plan that provides aesthetic and uniform
30 design guidelines for shelter design.
31
32 (6) Where located within the public
33 right-of-way, the following shall also apply
34 to transit shelters:
35
36 (a) The transit shelter requires a
37 right-of-way permit, which is subject
38 to review and approval by the City
39 Engineer or designee. See Chapter
40 2, Article III, Section 4 for additional
41 regulations regarding the right-of-
42 way permit.
43
44 (b) All necessary permits are
45 required to install transit shelters
46 within rights-of-way owned by the
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1 State of Florida and / or Palm Beach
2 County.
3
4 (7) Where located on private property,
5 the following shall also apply to transit
6 shelters:
7
8 (a) When an outside
9 governmental agency acquires an
10 easement on private property for the
11 purpose of constructing a transit stop
12 shelter, these improvements shall not
13 be subject to minimum setback
14 requirements of the zoning district;
15 and
16
17 (b) Waste receptacles and
18 bicycle racks shall be required and
19 accommodated at transit shelters.
20
c. Removal.
21 Should any bus shelter,
22 associated structure or equipment or sign on an
23 associated structure or equipment, or bus shelter
24 sign fail to conform to the above standards; or
25 should a residential property owner object to the
26 presence of a bus shelter abutting his property, then
27 the city may order the sponsoring organization to
28 remove such bus shelter and, that failing, may
29 remove same at the expense of the sponsoring
30 organization.
31
2. Shopping Cart Corrals.
32 Shopping cart corrals
33 shall be compatible with the architectural design, colors,
34 materials, and finishes of the principal structure.
35
3. Donation Bins.
36 Unmanned donation bins are
37 allowed within commercial and industrial zoning districts
38 but subject to the following regulations:
39
a.Number of Bins.
40 One (1) donation bin
41 may be allowed per lot for commercial or industrial
42 developments consisting of at least 100,000 square
43 feet of gross building area. An additional bin may
44 be allowed for each 100,000 square feet of gross
45 building area.
46
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b. Location.
1 Donation bins shall not be
2 located in within rights-of-way, required parking
3 spaces, access aisles, walkways, landscape strips, or
4 perimeter landscape buffers. They shall comply
5 with all visibility and safe-sight standards and not
6 post a safety threat to pedestrian or vehicular traffic.
7 In addition, they shall be located behind the front
8 and side corner building lines.
9
c.Maintenance.
10 The owner of the
11 property shall be responsible for the maintenance of
12 the bins, such that the area is kept neat and orderly
13 and in compliance with the approved site plan for
14 the subject property. This means that all items are
15 located within the bins; no trash is left on the site
16 and there is no graffiti or other visible damage to
17 the bins.
18
d.Appearance.
19 Donation bins shall be
20 painted with natural, earth-tone colors or with those
21 that are intended to match the principal building(s).
22
e.Advertising.
23 Donation bins shall not be
24 used for off-site advertising of commercial activities
25 and be limited to a maximum of four (4) square feet
26 of sign area advertising the sponsoring charitable
27 tax-exempt organization.
28
f. Sponsoring Agencies.
29 Sponsoring
30 agencies shall register with and be evaluated
31 annually by the Department of Development for
32 compliance with the regulations contained in this
33 section. Sponsoring agencies shall provide proof of
34 authorization by the property owner(s), the size, and
35 overall dimensions of each bin, and a site plan
36 detailing the proposed location(s). Sponsoring
37 agencies must provide proof of being a tax-exempt,
38 charitable organization registered as a 501(c)3 of
39 the Internal Revenue Code, in order to place
40 donation bins in the City. Donation bins to an
41 existing site shall require a modification to the
42 approved site plan in accordance with Chapter 2,
43 Article II, Section 2.F.
44
g. Miscellaneous.
45 The foregoing
46 restrictions shall not apply to recycling bins or other
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1 similar public collection bins located on City
2 property or otherwise sponsored by the City.
3
G. Use Matrix Notes and Restrictions.
4 The following
5 uses, which correspond with the Notes and Restrictions of Chapter
6 3, Article IV, Section 3.E., contain special standards related to
7 exterior building and site design:
8
1. Group Home Type 1.
9 For new construction,
10 the facility shall have building elevations that are
11 residential in character and similar in appearance to the
12 surrounding neighborhood. They shall not be institutional
13 in appearance.
14
2. Auto Dealer, New.
15 Within the MU-L3 and MU-
16 H districts, the following shall apply: Overhead doors shall
17 not be visible from any major roadway frontage.
18
3. Auto Dealer, Used.
19 Within the MU-L3 and MU-
20 H districts, the following shall apply: Overhead doors shall
21 not be visible from any major roadway frontage.
22
4. Gasoline Stations.
23
All Gasoline Stations located on
24
designated out-parcels to shopping centers, business centers, or
25
other planned commercial developments shall conform in design
26
to the approved design plan of the principal center.
27
5. Automobile Rental.
28 Within the MU-L3
29 and MU-H districts, the following shall apply: Overhead
30 doors shall not be visible from any major roadway frontage.
31 See Section 3.A.7 above for additional regulations
32 regarding overhead doors.
33
6. Marina, Including Yacht Club.
34
35
a.
36 Architectural integration shall be
37 encouraged through the choice of building
38 materials, architectural style, extensive use of
39 windows, and choice of soft, muted colors.
40
b.
41 All buildings shall incorporate 360°
42 architecture, a variety of massing and building
43 heights, and stepping roof lines.
44
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c.
1 The use of standardized "corporate"
2 architectural styles associated with chain-type
3 businesses is prohibited.
4
d.
5 To contribute to physical compatibility and
6 minimize impacts on the residential fabric of
7 adjacent neighborhoods, projects adjacent to
8 residential zoning districts shall be designed with
9 residential character, unless a superior, non-
10 residential design can be demonstrated. Residential
11 designs shall include, but not be limited to, a
12 combination of actual and faux windows, balconies,
13 porches, awnings and related architectural details.
14 The character shall either match or compliment
15 established architectural themes in the vicinity.
16
e.
17 All building facades shall include a
18 repeating pattern that shall include no less than
19 three (3) of the following elements: color change,
20 texture change, material module change, or a
21 change in plane of at least two (2) feet in depth. At
22 least one of these elements shall repeat horizontally.
23 All elements shall repeat at intervals of no more
24 than 30 feet, either horizontally or vertically, unless
25 a superior design can be demonstrated at greater
26 intervals. Recesses and projections shall be from
27 finished grade to roofline, and be a minimum of 10
28 feet in width.
29
f.
30 As an alternative to the required façade
31 offsets noted above, decorative and substantive
32 roofline changes, when coupled with
33 correspondingly aligned façade material changes,
34 may substitute.
35
g.
36 A minimum of two different types of
37 building materials shall be used, with a 70 percent-
38 30 percent ratio. A change in stucco or use of
39 windows will not count toward meeting this
40 requirement.
41
h.
42 Articulation in parapet wall shall be required
43 with a minimum of five (5) feet for front and side
44 facades, and any façade oriented towards a street;
45 and, two and one half (2½) feet for rear facades.
46
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i.
1 Parapet walls shall feature three dimensional
2 cornice treatment, to provide a finished look from
3 any angle. Additionally, a parapet return is required
4 with a length equal to or exceeding the required
5 parapet articulation.
6
j.
7 All customer entrances to the building shall
8 be the focal point of design. Architectural elements
9 shall include some combination of the following
10 improvements: pediments, lintels, columns,
11 pilasters, porches, balconies, railings, balustrades,
12 and ornate moldings.
13
k.
14 On any retail or office building within a
15 marine-oriented or water dependent project, or any
16 portion of a building devoted to such use, windows
17 shall be of pedestrian scale, recessed and vision
18 glass without obstruction.
19
l.
20 On any retail or office building within a
21 marine-oriented or water dependent project, on any
22 facade on which a customer entrance to the building
23 is located, a minimum of 1.6 square foot of vision
24 glass is required for each one (1) lineal foot of
25 facade.
26
m.
27 On any retail or office building within a
28 marine-oriented or water dependent project, on any
29 other facade facing a public street, a minimum of
30 0.8 square foot of vision glass is required for each
31 one (1) foot.
32
7. Day Care.
33 Within all residential
34 districts, the following shall apply: Building design shall
35 be consistent with surrounding residential styles.
36
8. Storage, Self-Service.
37 For all Self-Service
38 Storage facilities adjacent to or visible from any arterial
39 right-of-way roadway, the following shall apply:
40
a.
41 The exterior colors, facades, windows, roof,
42 and building materials shall be compatible with the
43 character of, or vision for the surrounding. Self-
44 service Storage facilities shall incorporate design
45 elements to achieve the effect of office structures.
46
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b.
1 All facades visible from arterial roadways
2 shall provide variety and interest in the façade(s).
3 These facades shall not exceed 50 feet in length
4 without visual relief by means of a vertical reveal at
5 least one (1) foot in depth and 10 feet in width, a
6 perceptible change in wall angle, or a corner. Other
7 design attributes shall include, roof slope and
8 materials, windows, awnings, fencing and other
9 aesthetic elements.
10
c.
11 Within the SMU, MU-L1, MU-L2, and MU-
12 L3 districts, the following shall apply:
13 Buildings shall be designed to have the
14 appearance of a multi-story retail, office, and / or
15 residential structure through the use of similar
16 windows, shutters, and appropriate building
17 elements on the upper floors.
18
H. Mixed-Use Developments.
19
20
1. Applicability.
21 These standards shall apply
22 to all properties currently zoned Central Business District
23 (CBD), any property located within the “Mixed Use
24 (Urban)” districts, (see Chapter 3, Article III, Section 5), or
25 any commercially zoned properties located within the
26 Urban Commercial District Overlay Zone (see Chapter 3,
27 Article III, Section 8.).
28
2. Building Location.
29 Within mixed-use and non-
30 residential developments, structures proposed along arterial
31 roadways shall be required to occupy the entire length of
32 the street frontage, notwithstanding areas set aside for side
33 corner yard setbacks and driveways needed to access the
34 rear of the property. This building location requirement
35 along the arterial roadway only applies to new construction
36 or major site plan modifications to existing developments.
37 Also see Chapter 4, Article II, Section 4.B.5 for additional
38 streetscape design requirements.
39
3. Shade and Shelter.
40 This region’s climate requires
41 shade and shelter amenities in order to accommodate and
42 promote pedestrian activity. These amenities will provide
43 greater connectivity between sites and allow for a more
44 continuous and walkable network of buildings.
45 Developments subject to this section shall meet the
46 following shade and shelter requirements:
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1
a. Shaded Sidewalk.
2 A shaded sidewalk
3 shall be provided alongside at least 50% of all
4 building frontages adjacent to or facing an arterial
5 or collector roadway or adjacent off-street parking
6 area. When abutting off-street parking areas, the
7 shaded sidewalk shall be raised above the level of
8 the parking by way of a defined edge. Ramps for
9 wheelchairs alongside the building must also be
10 shaded.
11
b. Building Entrances.
12 Building entrances
13 shall be located under a shade device such as an
14 awning or portico.
15
4. Windows.
16 Windows shall be located at pedestrian
17 scale.
18
5. Compatibility.
19 Proposed projects should
20 compliment existing or approved adjacent mixed use
21 projects in terms of height, color, style massing, and
22 materials.
23
I. Large Non-Residential Development (Big Box)
24
Regulations.
25
26
1. Purpose and Intent.
27 Large commercial
28 buildings have a major impact on the aesthetic fabric of a
29 community. The purpose of the following regulations is to
30 achieve an optimal appearance of those structures typically
31 called "Big Boxes", which are often large square or
32 rectangular-shaped buildings with limited architectural
33 enhancements. These regulations are intended to set
34 minimum design standards for large buildings to ensure
35 their positive contribution to the City’s character and
36 fabric.
37
2. Applicability.
38 The following standards are
39 applicable to any commercial structure in excess of 15,000
40 square feet, unless stated otherwise herein. The term
41 “commercial,” as used in these regulations, shall also
42 include structures utilized for office uses and those
43 industrial uses that front on arterial or collector roadways.
44
3. Façades.
45 All facades visible from abutting
46 properties or public streets shall be designed and enhanced
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1 with architectural features that provide visual interest at
2 pedestrian levels, reduce the massive appearance of the
3 building, and reflect the local character of the community.
4 These facades shall meet the following objectives:
5
a.
6 Community integration shall be achieved
7 through the choice of building materials,
8 architectural style, extensive use of windows, and
9 multiple complimentary paint colors.
10
b.
11 Building design shall include a mix of
12 massing and building heights, and varying roof lines
13 on all facades.
14
c.
15 Architectural styles shall not be used that are
16 tailored to further "corporate" identity objectives
17 rather than the existing or planned identity and
18 character of the surrounding community, and which
19 are inconsistent with these regulations.
20
d.
21 Architectural elements, excluding
22 complimentary accent features, shall be integral
23 components of the building fabric and constructed
24 of durable and substantial quality and not
25 superficially applied trim.
26
e.
27 All building facades shall be designed with
28 “repeating patterns” that include no less than three
29 (3) of the following elements: color change, texture
30 change, material module change, or a change in
31 plane (recess or projection), at maximum intervals
32 of 50 feet. The recess or projection of a change in
33 plane shall be at least 10 feet in width, two (2) feet
34 in depth, and finished from grade to the roofline. At
35 least one (1) of the design elements listed above
36 shall repeat horizontally.
37
f.
38 Material changes may substitute as an
39 alternative to the required offsets as noted above
40 where decorative and substantive roofline changes
41 are coupled with a correspondingly aligned façade.
42
g.
43 A minimum of two (2) different types of
44 building materials, allowed under Section 3.A.2
45 shall be proportionally used on required facades. A
46 change in stucco texture or use of windows and / or
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1 awnings will not count toward meeting this
2 requirement.
3
4
5
6
7
4. Roofline.
8
9
a.
10 For flat rooflines, vertical articulation in
11 parapet walls shall be required with a minimum of
12 five (5) feet for front and side facades, and any
13 façade oriented toward a street; and, two and one
14 half (2½) feet for rear facades.
15
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b.
1 A Parapet return is required with a length
2 equal to or exceeding the required parapet
3 articulation.
4
5
6
c.
7 Parapet walls shall feature three dimensional
8 cornice treatment, to provide a finished look from
9 any angle.
10
d.
11 Articulation in the parapet wall shall
12 coincide with the horizontal changes within the
13 building, which are required under subparagraph
14 3.e.
15
5. Windows.
16
17
a.
18 On any facade on which a customer entrance
19 to the building is located, a minimum of 1.6 square
20 foot of window is required for each one (1) lineal
21 foot of facade.
22
b.
23 On any other facade facing a public street, a
24 minimum of 0.8 square foot of window is required
25 for each one (1) foot of facade.
26
c.
27 A minimum of 70% of windows on the front
28 or side facades shall be transparent. The remaining
29 30% may be opaque, provided that the following
30 conditions are met:
31
32 (1) Window construction using opaque
33 glass shall appear identical to the transparent
34 windows;
35
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1 (2) Opaque windows shall not be
2 superficially attached to the wall;
3
4 (3) Opaque windows shall not be
5 perceptibly different in texture, color, or
6 reflectivity than the glass of the transparent
7 windows.
8
d.
9 Architecturally ornate window boxes
10 displaying merchandise only, may be substituted for
11 25% of the required transparent windows and 100%
12 of the opaque windows. This design element may
13 also be applied to smaller-sized buildings with
14 shorter facades and those buildings without
15 traditional front entrances.
16
6. Public Entrances.
17
18
a.
19 A minimum of one (1) customer entrance
20 should be provided on the front facade.
21
b.
22 All sides of a building that directly face an
23 abutting street, with no intervening building, should
24 provide a customer entrance.
25
c.
26 All public entrances to the building shall be
27 the focal point of the façade through the use of a
28 combination of the following architectural
29 elements: pediments, lintels, columns, pilasters,
30 porches, balconies, railings, balustrades, and ornate
31 moldings. Design features may also include entry
32 recesses / projections or locating display windows
33 so that they are directly adjacent to the entrance.
34
d.
35 Any side of a building with a parking field
36 in excess of 20% of the required parking, and where
37 50% of that parking is located farther than 300 feet
38 from a customer entrance, shall be required to have
39 a customer entrance on that facade. See Section
40 3.I.10 below for additional parking regulations.
41
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1
2
e.
3 A customer entrance proposed for a side
4 facade shall be located a minimum distance from
5 the corner of the front facade equal to 25% of the
6 lineal length of the side facade on which it is to be
7 located. A customer entrance located at the corner
8 of the building cannot substitute or fulfill the
9 requirement to provide entrances on both front and
10 side façades.
11
7. Covered Walkways.
12
13
a. Rules.
14
15
16 (1) For the purposes of this subsection
17 only, the “front” of a building is considered
18 to be the building façade where a public
19 entrance is proposed. A building that
20 contains public entrances on two (2) or more
21 facades is said to have multiple “fronts.”
22
23 (2) A building façade that is oriented
24 toward a public street but does not contain a
25 public entrance is considered to be a “side
26 corner” façade.
27
28 (3) A building façade that is neither
29 oriented toward a public street nor contains
30 a public entrance is considered to be either
31 the “side” or “rear” façade.
32
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1 (4) A covered walkway is considered to
2 be an “ARCADE, PEDESTRIAN” as
3 defined in Chapter 1, Article II.
4
5 (5) The horizontal extent of a covered
6 walkway shall be measured upon the entire
7 length of a façade where required.
8
9 (6) Greater preference is placed on the
10 proximity of a covered walkway to the
11 location of the public entrance.
12
b.
13 Covered walkways are required along
14 building façades that contain public entrances or
15 along facades that are oriented towards public or
16 private streets. The location and horizontal extent
17 of covered walkways shall be based upon the
18 following types of building designs:
19
20 (1) Public entrance(s) on one (1) façade:
21 Covered walkways are required along at
22 least 70% of the front façade and at least
23 30% of the side corner façade. No covered
24 walkways are required along the side or rear
25 of the building.
26
27 (2) Public entrance(s) on two (2) or
28 more facades: Covered walkways are
29 required along at least 50% of each façade
30 where a public entrance is proposed. No
31 covered walkways are required along the
32 side or rear of the building.
33
34 (3) Public entrance on corner of
35 building: Covered walkways are required
36 along a minimum of 50% of each façade
37 where a corner entrance is proposed. The
38 intent is to wrap each façade with a covered
39 walkway, commencing at the corner where
40 the public entrance is proposed.
41
42 (4) Covered walkways shall have a
43 minimum external dimension of 10 feet in
44 width. The minimum internal dimension
45 shall be seven (7) feet in width, absent of
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1 any obstruction by columns, furniture, and /
2 or other appurtenances.
3
8. Landscaping.
4
5
a.
6 Foundation landscaping areas for large non-
7 residential (big box) developments shall be required
8 in accordance with Chapter 4, Article II, Section
9 6.B.
10
b.
11 See Chapter 4, Article II, Section 6.J.4 for
12 additional regulations regarding the required width
13 of the landscape strip abutting the right-of-way for
14 large non-residential (big box) developments.
15
9. Site Amenities.
16 Sculptures, fountains,
17 gardens, pools, trellises, and benches shall be encouraged
18 within the site design. In addition, the following standards
19 shall be required for every 50,000 square feet or fraction
20 thereof of every non-residential (big box) development:
21
a.
22 Two (2) site amenities shall be required.
23 Site amenities include but are not limited to bell or
24 clock towers, pergolas, public seating areas
25 (separate and apart from any outdoor seating
26 provided for an associated restaurant use), fountains
27 (of at least eight (8) feet in height and 16 feet
28 diameter), and public art but only when combined
29 with another amenity. Public art, which is in
30 fulfillment of the Art in Public Places program, may
31 be utilized to comply with the pedestrian amenity
32 requirement of this subparagraph, provided that the
33 public art is located in conjunction with another
34 qualifying pedestrian amenity.
35
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1
2
3
4
5
6
b.
7 Pedestrian pathways through off-street
8 parking areas shall be required in accordance with
9 subparagraph “10(b)” below.
10
10. Off-Street Parking Lot Orientation.
11
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1
a.
2 Parking areas shall provide safe, convenient,
3 and efficient access. Off-street parking areas shall
4 be distributed around large buildings in order to
5 shorten the distance to customer entrances, other
6 buildings, and public sidewalks, as well as to reduce
7 the overall area and visual blight of the paved
8 surface. No more than 60% of the off-street surface
9 parking area shall be located between any facade
10 and a public street.
11
b.
12 Pedestrian pathways shall be required where
13 parking spaces are located in excess of 400 feet
14 from any customer entrance. These pedestrian
15 pathways shall be a minimum of ten (10) feet in
16 width, leading from the farthest parking space to the
17 customer entrance. These pathways shall
18 incorporate the use of a combination of decorative
19 pavement, trellises, seating, pergolas, arbors,
20 gazebos, decorative light fixtures and landscaping.
21
22
23
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1
2
c.
3 Where off-street parking areas are screened
4 by outparcel buildings or is not visible from a
5 public street, a maximum of 75% of the required
6 parking may be adjacent to a front or side facade
7 containing a customer entrance.
8
d.
9 Unique conditions associated with
10 individual sites may justify the review and approval
11 of alternative site designs that do not specifically
12 comply with the parking lot orientation standards of
13 this subsection. A different design proposal may
14 offer superior results or maximum achievement of
15 the City’s objectives. The above standards may be
16 varied by the City Commission, provided that the
17 applicant can demonstrate there is an unusual site
18 configuration and / or unique circumstances, and the
19 alternative site design clearly meets the intent of
20 these provisions. Alternative design must consider
21 and address the following objectives:
22
23 (1) Maximize the proximity of parking
24 spaces to customer entrances;
25
26 (2) Reduce visual blight of large
27 expanses of surface off-street parking areas;
28 and
29
30 (4) Improve pedestrian connectivity in
31 excess of the minimum standards.
32
- 137 -
e.
1 Regulations shall be enforced in zoning
2 districts and overlay zones where the objective is to
3 discourage or prohibit off-street parking areas
4 between the building and the rights-of-way.
5
11. Miscellaneous.
6
7
a.
8 Buildings should be configured so they
9 complement outdoor spaces. Walkways, entrances
10 and gathering areas should have shading features,
11 such as trees, landscaping, trellis structures,
12 projecting canopies, covered walkways, arcades,
13 and/or porticos. Seating areas and benches should
14 be located in shaded areas that are close to activity,
15 but that will not block or cause congestion in
16 circulation or at entrances. Outdoor employee areas
17 should be integrated into the site design, but should
18 be separated from general public circulation with
19 screening.
20
b.
21 Accessory uses, including a Gasoline Station
22 or Automotive, Minor Repair within large
23 commercial developments should incorporate the
24 design characteristics and architectural treatments
25 applied to the larger building. As discussed in
26 subparagraph c.(3) above, the use of standardized
27 "corporate" architectural styles associated with
28 chain type businesses is prohibited. The accessory
29 use should not be the focal point in the front
30 setback. If the accessory use is located forward of
31 the larger building, a 25-foot wide landscape strip
32 shall be utilized along all property lines abutting the
33 operation, including a minimum three (3) foot high
34 berm. Additionally, the accessory use shall be
35 landscaped separately from the remainder of the
36 parking area by a 10-foot wide planting strip.
37
c.
38 See Section 3.F.1 above for additional
39 regulations regarding the design of transit shelters
40 where abutting or located within large non-
41 residential (big box) developments.
42
d.
43 Large commercial buildings in excess of
44 75,000 square feet should be structurally designed
45 to be easily divided into smaller tenant spaces in
46 planning for future adaptive re-use purposes.
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1
J. Uses Adjacent to Single-Family Residential Zoning
2
Districts.
3
4
1. General.
5
6
a. Purpose and Intent.
7 These
8 standards are intended to protect lower intensity
9 land uses from higher intensity land uses by
10 requiring the higher intensity land uses to be
11 designed and maintained to reduce impacts upon the
12 lower intensity land uses through appropriate
13 project orientation, additional setbacks for taller
14 structures and recreational facilities, compatible
15 architectural treatments, and proper location and
16 orientation of signs and lights.
17
b. Applicability.
18 When a new
19 development, other than a single-family or two-
20 family dwelling unit abuts or is adjacent to a single-
21 family residential zoning district due to an
22 intervening local roadway, the following design
23 standards shall apply:
24
2. Standards for All Districts.
25 All buildings and
26 structures shall be designed and oriented in a manner
27 ensuring maximum privacy of adjacent residential uses.
28
29 Compatibility shall be evaluated based upon how well the
30 proposed development fits within the context of the
31 neighborhood and abutting properties.
32
33 Single-family homes located within planned districts,
34 multi-family homes, mixed-use projects, and all non-
35 residential uses, where abutting or adjacent to single-family
36 residential zoning, shall be designed to avoid a reduction in
37 privacy of the abutting or adjacent properties. This
38 requirement may be achieved through measures, such as
39 but not limited to, additional landscaping, orientation of
40 windows and balconies, and layout of units of upper floors.
41
3. Standards for Planned Residential Districts
42
(IPUD and PUD).
43 (2) Any IPUD or PUD located
44 adjacent to single-family residential zoning must locate
45 structures of the same unit type or height. However, if
46 vegetation, screening or other barriers and / or creative
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1 design on the perimeter of an Infill Planned Unit
2 Development (IPUD) or Planned Unit Development (PUD)
3 district achieve compatibility with adjacent uses, the city
4 may grant some relief from the following two
5 requirements:
6
a.
7 (1) Any IPUD or PUD located adjacent
8 to an existing single-family residential
9 development(s) must locate structures of the same
10 unit type or height allowed by the adjacent zoning
11 district(s); and
12
b.
13 Additional setbacks are required for
14 structures in excess of 30 feet in height pursuant to
15 Chapter 3, Article III, Section 2.
16
Section 4. Maintenance of Buildings, Structures, and Site.
17
18
19 It shall be unlawful for owner(s) of real property within the City to permit
20 the deterioration of the exterior of a building or off-street parking areas
21 such that it becomes non-compliant with these standards or the minimum
22 standards for appearance and maintenance of public and private property
23 (see Part II, Chapter 15, Article IX and Part II, Chapter 10, Article IV).
24
25 The awning/canopy and support system should be maintained at the same
26 level as other components of the building. Rusting/peeling support
27 structures shall be cleaned and repainted. Rotted or broken supports
28 should be replaced. Faded and dirty awnings shall be cleaned or replaced.
29
30
Section 5.Exterior Building and Site Design Guidelines.
31
32
A. Urban Design Guidelines of the Community
33
Redevelopment Agency (CRA).
34
35
1. Purpose and Intent.
36 The purpose of Boynton
37 Beach Urban Design Guidelines are to provide a basis for
38 evaluating redevelopment proposals and act as a guide for
39 making decisions about public and private improvements
40 within the boundaries of the Community Redevelopment
41 Agency. It is anticipated that through the use of the
42 guidelines, both private and public projects will endeavor
43 to preserve and enhance the form, scale, and visual
44 character that make downtown unique within the city and
45 the region. The guidelines will assist to ensure that each
- 140 -
1 incremental site design, architectural, and streetscape
2 project contributes to a positive image for the city.
3
2. Relationship to Comprehensive Plan
4 . In
5 particular, the guidelines are designed to support the
6 following objectives in accordance with the City of
7 Boynton Beach Comprehensive Plan:
8
a.
9 Assure long-term economic vitality of the
10 downtown;
11
b
12 . Create a vibrant mixed-use development
13 downtown urban environment;
14
c.
15 Create an aesthetically pleasing and vibrant
16 pedestrian oriented downtown;
17
d
18 . Provide improved visual and physical
19 connectivity between downtown districts;
20
e.
21 Encourage the creation of exciting and
22 inviting public urban spaces;
23
f.
24 Develop a downtown urban character that is
25 unique to Boynton Beach;
26
g.
27 Provide interesting architectural design
28 diversity within a continuity of urban design
29 principles; and
30
h.
31 Provide safe, efficient, and aesthetically
32 pleasing accommodations for vehicular access and
33 parking.
34
3. Relationship to Redevelopment Plan
35 . The
36 Urban Design Guidelines are applicable to all properties
37 that are located within the CRA, particularly within the
38 Federal Highway Corridor Community Redevelopment
39 Plan, Heart of Boynton Master Plans & Schematic Designs,
40 Ocean District Community Redevelopment Plan, and
41 Boynton Beach Boulevard Corridor Plan.
42
4.Relationship to Land Development Regulations
43 .
44 The Urban Design Guidelines are applicable to all
45 properties that are located within the CRA, particularly
46 within the Mixed-Use Low Intensity 1 (MU-L1), Mixed-
- 141 -
1 Use Low Intensity 2 (MU-L2), Mixed-Use Low Intensity 3
2 (MU-L3), and Mixed-Use High Intensity (MU-H) zoning
3 districts.
4
B.Crime Prevention Through Environmental Design
5
(CPTED).
6
7
1. General.
8
9
a. Purpose & Intent.
10 The proper design and
11 effective use of the built environment can lead to a
12 reduction in the incidence and fear of crime and
13 improvement in the quality of life by incorporating
14 access control, natural surveillance, and territorial
15 defensive tactics into building and site design
16 components.
17
bApplicability.
18 . The following guidelines
19 have been developed for incorporation into the
20 design of all new residential and non-residential
21 developments and major modifications to approved
22 developments.
23
2. Guidelines.
24 The following guidelines have been
25 developed to further the purpose and intent of this
26 subsection through compliance with the following design
27 elements:
28
a. Lighting.
29
30
31 (1) Exterior lighting should be placed
32 above or near entryways and garages.
33
34 (2) Landscaping should be designed and
35 maintained to reduce conflicts with exterior
36 lighting, taking into account long-term tree
37 canopy growth.
38
39 (3) Landscaping should be designed and
40 maintained to minimize obstruction of view
41 of windows, address numbers, and
42 walkways.
43
44 (4) Pedestrian-scale lighting (maximum
45 12-foot tall, metal halide light poles) should
- 142 -
1 be used for all street and pedestrian
2 walkways.
3
4 (5) On non-residential projects, non-
5 glare lighting should be located around the
6 perimeter or placed on building walls.
7
8 (6) In parking garages, all lighting
9 should be vandal resistant. Enhanced
10 lighting should be used at entrance/exits to
11 reduce transition (from daylight) when
12 entering structure, while not drawing
13 additional attention at night.
14
b. Numerical Address.
15
16
17 (1)For all multi-family residential and
18 non-residential developments, illumination
19 of the building numbers is recommended.
20
21 (2) For all multi-family residential and
22 non-residential developments, building
23 numbers should be 12 inches in height and
24 placed away from landscaping. Building
25 numbers should be placed on facades that
26 are adjacent to accessways and off-street
27 parking areas.
28
c. Building Design.
29
30
31 (1)Building architecture should allow
32 for enhanced natural surveillance of all off-
33 street parking areas, providing a sense of
34 security to patrons and visitors.
35
36 (2) Security vision doors shall be
37 utilized at all entrances to stairwells on each
38 floor.
39
40 (3) Convex mirrors shall be installed in
41 stairwell and elevator areas.
42
43 (4) Elevators shall be located close to
44 the main entrance, constructed to avoid
45 hidden spaces and utilize Closed Circuit
46 Television (CCTV) surveillance.
- 143 -
1
d. Understory Parking and Parking Garages
2
(Freestanding and Integrated).
3
4
5 (1)The first level of a parking garage
6 should have restricted access from exterior
7 common ground area, in an effort to reduce
8 unauthorized/unsupervised entry. Wrapping
9 the parking garage with residential or non-
10 residential uses is the preferred methodology
11 in the design of a parking garaage to restrict
12 unwanted access and meet other design
13 guideline objectives.
14
15 (2) In the limited areas of the garage not
16 wrapped by other uses, exterior walls
17 surrounding the first floor (ground level)
18 parking should be a minimum three (3) to
19 four (4) feet high. Additionally, decorative
20 grill work should be installed between the
21 top of this wall and the flooring of the
22 second parking level.
23
24 (3) Pedestrian entrances should be
25 adjacent to vehicle entrances, open and free
26 of hidden spaces and wired for CCTV
27 surveillance.
28
29 (4)Each level of the parking garage
30 should be equipped with well-marked,
31 direct-ring emergency telephones which
32 shall terminate at a central monitoring
33 office, station, or booth.
34
35 (5) Ceilings and solid walls inside
36 parking garages should be painted white to
37 increase the brightness within the structure.
38
e.Miscellaneous.
39
40
41 (1) Central mailbox stations should be
42 placed in high-activity and conspicuous
43 locations for enhanced safety and natural
44 surveillance of users.
45
- 144 -
1 (2) Pedestrian crosswalks should be
2 delineated by using contrasting paver blocks
3 as opposed to surface striping. When
4 crosswalks are located away from stop signs
5 within off-street parking areas, they should
6 also be raised. Paver bricks should be
7 compatible in style throughout a
8 development.
9
10 (3) Bicycle racks should be placed in
11 close proximity to building entrances and
12 not located within off-street parking areas.
13
14 (4) Automated Teller Machines (ATM)
15 should not be obscured by any landscaping
16 in excess of two (2) feet in height or other
17 fixed objects that would prevent clear
18 visibility and should have a convex mirror
19 strategically placed to allow the ATM
20 operator to identify any approaching
21 persons.
22
23 (5) ATM’s should have illumination of
24 the walkway leading to and from it,
25 positioned so as not to cause glare on the
26 video recording equipment.
27
28 (6) Benches should have adequate
29 lighting if they are intended for nighttime
30 use and be located in open view to eliminate
31 concealment areas.
32
PART III (LDR), CHAPTER 4, ARTICLE IV SIGN STANDARDS
33
34
ARTICLE IV. SIGN STANDARDS
35
36
Section 1. General…
37
Section 2. City Approval Required…
38
Section 3.Prohibited Signs…
39
40
Section 4. Standards.
41
42
A. General.
43 The following general standards shall apply
44 to all signs city-wide:
45
1. Sign Content…
46
- 145 -
2. Computation of Sign Area…
1
3. Cross Visibility and Safe-Sight…
2
4.Traffic Hazards…
3
5.Wind Load…
4
6.Unlawful or Unsafe Signs…
5
7.Maintenance…
6
8. Overhead Clearance…
7
9.Property Address…
8
10. Illuminated Signs…
9
10
11. Crime Prevention Through Environmental
11
Design (CPTED).
12 See Chapter 4, Article III, Section 12
13 5.B for additional regulations regarding signs and CPTED
14 guidelines.
15
B. Temporary Signs.
16 It shall be unlawful to affix, erect,
17 locate, or maintain any temporary sign off-premises unless
18 otherwise authorized under this subsection. Temporary signs shall
19 be allowed in accordance with the following provisions:
20
1. Real Estate Sign.
21 A temporary real estate sign
22 is allowed on private property for the purpose of
23 advertising the sale or lease of such property. The sign(s)
24 shall comply with the following standards:
25
a. Maximum Number, Size and Height
26
(Table 4- 11 10)…
27
28
b. Setbacks…
29
c. Exemptions…
30
d. Duration…
31
e. Prohibited in Required Landscape
32
Strip…
33
34
2. Project Development Sign.
35
36
a. General…
37
38
b. Maximum Number, Size and Height
39
(Table 4- 12 11)…
40 .
41
c. Duration…
42
43
3. Construction Sign…
44
4. Banner…
45
46
- 146 -
5. Political Sign.
1 With consent of the property
2 owner, a temporary political sign is allowed on private
3 property during the period preceding any local, state, or
4 national election. No political sign is allowed within
5 rights-of-way or on City-owned property. In addition,
6 political signs shall meet the following standards:
7
a. Maximum Number, Size and Height
8
(Table 4- 13 12)…
9
10
6. Special Sales Event Sign…
11
7. Seasonal Sales Event Sign…
12
8. Vehicle Display Sign…
13
9. Recreation and Parks Department Special Event
14
Sign…
15
10. Feather Banners…
16
17
C. Permanent Signs.
18 It shall be unlawful to affix, erect,
19 locate, or maintain any permanent sign off-premises unless
20 otherwise authorized under this subsection. Permanent signs shall
21 be allowed in accordance with the following provisions:
22
1. Wall Sign (Affixed to Building).
23
24
a. General…
25
26
b. Maximum Sign Area (Table 4-14 13)…
27
28
c. Signs on Multiple-Story Buildings…
29
d. Community Design Standards…
30
31
2. Monument Sign.
32
33
a. Purpose and Intent…
34
b.Computation of Height…
35
36
c. Maximum Height, Size and Number
37
(Table 4-15 14)…
38
39
d. Setbacks…
40
e. Cross Visibility and Safe-Sight…
41
f. Property Address…
42
g. Project Name…
43
h. Changeable Copy Signs…
44
i. Miscellaneous…
45
j. Community Design Standards…
46
- 147 -
1
3.Directory Sign…
2
4.Directional Sign…
3
5. Menu Board Sign…
4
6. Awning Valance Sign.
5 One (1) sign, located
6 on the valance of an awning hung over each public entrance
7 is allowed within multi-family residential (10 units or
8 more) and nonresidential developments, provided the
9 signage area does not exceed 80% of the valance area. An
10 awning valance sign shall count toward the aggregate wall
11 signage area. The sign shall not be internally-illuminated.
12 See Section 5.C.5 below for additional community design
13 standards regarding awning valance signs.
14
15 See Chapter 4, Article III, Section 3.E A.5 for additional
16 design standards regarding awnings and canopies.
17
7. Covered Walkway / Arcade Sign…
18
8. Blade Sign…
19
9. Window Sign…
20
10. Rear Door Business Identification Plaque…
21
11. Mixed-Use Development Identification Sign…
22
12. Neighborhood Identification Sign…
23
13.Nameplate or Identification Plaque…
24
25
D. Special Signs.
26 The following special signs shall be allowed
27 in accordance with the following provisions:
28
1. Civic and Not-for-Profit Directional Sign…
29
30
2. Transit Shelter Sign.
31 Signs on city transit stop
32 shelters may be allowed when authorized by written
33 agreement approved by action of the City Commission
34 pursuant to the provisions of Florida Statutes. When so
35 authorized by the City Commission, the following
36 standards shall apply:
37
a. Location.
38 Signs placed on city transit stop
39 shelters shall only be allowed at city transit stops
40 designated or approved by the City. A transit
41 shelter, proposed on private property or within the
42 right-of-way, shall be located and designed in
43 accordance with Chapter 4, Article III, Section 10.B
44 3.F.1.
45
b. Number…
46
- 148 -
c.Elevation…
1
d. Exemption…
2
3
3. Newracks…
4
4.Murals…
5
5. Electric Vehicle (EV) Charging Station Sign…
6
7
Section 5. Community Design.
8
9
A. General…
10
B. Community Design Standards for All Signs…
11
C. Community Design Standards for Specific Types of
12
Signs…
13
D. Community Design Standards for Logos and Icons.
14
15
1. General…
16
2. Maximum Percentage and Size (Table 4-16 15)…
17
18
Section 6. Sign Program…
19
20
PART III (LDR), CHAPTER 4, ARTICLE V MINIMUM OFF-STREET
21
PARKING REQUIREMENTS
22
23
ARTICLE V. MINIMUM OFF-STREET PARKING
24
REQUIREMENTS
25
26
Section 1. General…
27
Section 2. Standards.
28
29
A. General…
30
31
B. Table 4-17 . Residential and Lodging Uses…
32 2
33
C. Table 4-18 . Commercial and Health Care / Office
34 3
Uses…
35
36
D. Table 4-19 . Arts, Entertainment, and Recreational
37 4
Uses…
38
39
E. Table 4-20 Industrial Uses…
40 5
41
F. Table 4-21 Educational Uses…
42 6
43
G. Table 4-22 Public and Civic Uses…
44 7
45
Section 3. Special Reductions in Required Off-Street Parking…
46
- 149 -
Section 4.Exceptions to Providing Required Off-Street Parking…
1
2
Section 5.Other Parking Regulations.
3
4
A. Maximum Number of Provided Parking.
5 For all new
6 and major modifications to existing non-residential uses, the total
7 number of provided off-street parking spaces shall not exceed the
8 thresholds as established below:
9
1. Thresholds…
10
2. Methodology...
11
3. Exemption…
12
13
B. Handicap Accessible Off-Street Parking.
14
15
1.Applicability…
16
17
2.Table 4-23 . Handicap Accessible Parking
18 7
Requirements…
19
20
C.Permanent Reservation of Off-Street Parking Spaces…
21
22
Section 6. Penalties….
23
24
PART III (LDR), CHAPTER 4, ARTICLE VI PARKING LOT, VEHICULAR USE
25
AREAS, AND LOADING STANDARDS
26
27
ARTICLE VI. PARKING LOT, VEHICULAR USE AREAS, AND
28
LOADING STANDARDS
29
30
Section 1. General…
31
Section 2. City Approval Required…
32
33
Section 3. Standards.
34
35
A. General.
36
37
1.Movement.
38 A clearly defined vehicular
39 circulation system shall be provided which allows free
40 movement within the proposed development while
41 discouraging excessive speeds. Vehicular circulation
42 systems shall be separated as much as practicable from
43 pedestrian circulation systems. Off-street parking facilities
44 and other vehicular use areas shall be integrated with
45 surrounding structures and with the building or group of
- 150 -
1 buildings for which they serve. See Chapter 4, Article III,
2 Section 3.C.2 for additional regulations.
3
2.Points of Access…
4
3.Through Traffic…
5
4.Storage Demand…
6
5.Emergency and Service Vehicles…
7
6.Sidewalks…
8
7.Compliance…
9
10
B. Off-Street Parking and Vehicular Use Areas.
11
12
1. General…
13
2. Required Surface…
14
3. Minimum Dimensions and Accessibility...
15
4.Vehicular Traffic Control Markings.
16 All traffic
17 signing and pavement marking shall comply with the U.S.
18 Department of Transportation Federal Highway
19 Administration Manual on Uniform Traffic Control
20 Devices. Particular attention is directed toward Section 3.G
21 2A, which contains sign design, shape, color, mounting
22 height and other conditions. Fire lanes shall be identified
23 with marking and signage in accordance with Section 8 of
24 this article. Parking stalls shall be delineated in accordance
25 with the Engineering Design Handbook and Construction
26 Standards.
27
5.Landscaping…
28
6. Irrigation…
29
7. Curbs and Car Stop…
30
8. Drainage…
31
9. Illumination…
32
10.Sidewalks…
33
34
11. Structures.
35 Parking facilities may contain small,
36 permanent structures such as shade structures and booths
37 used by parking attendants.
38
Section 4. Community Design.
39
40
A. General…
41
B. Off-Street Loading…
42
C. Dumpsters and Trash Receptacles…
43
44
D. Off-Street Parking Areas and Parking Garages.
45 Public
46 or private off-street surface parking lots, understory parking, and
- 151 -
1 all types of parking garages shall comply with this section, the
2 Florida Building Code, and with county-wide amendments thereto.
3 Where appropriate, security systems may be required.
4
1. On-Site Parking.
5 Required parking spaces for
6 all residential uses shall be located on the same lot or
7 development as the dwelling to be served. Parking spaces
8 for non-residential uses may be located off-site but only in
9 accordance with Section 9.D.2 below. See Chapter 4,
10 Article III, Sections 6 and 7 for additional community
11 design standards pertaining to off-street parking.
12
a. District Regulations.
13 The location
14 and appearance of on-site parking facilities shall
15 comply with Chapter 4, Article III, Section 3.C.
16
b. Large Non-Residential (Big Box)
17
Development Regulations.
18 The location of off-
19 street surface parking areas for large non-residential
20 (big box) developments are further regulated in
21 accordance with Chapter 4, Article III, Section 3.I.
22
2. Off-Site Parking…
23
3. Interconnectivity…
24
4. Required Off-Street Parking Calculations, By
25
Use…
26
5. Shared Parking…
27
28
Section 5. Penalties…
29
30
PART III (LDR), CHAPTER 4, ARTICLE VII EXTERIOR LIGHTING
31
STANDARDS.
32
33
ARTICLE VII. EXTERIOR LIGHTING STANDARDS
34
35
Section 1. General…
36
Section 2. City Approval Required…
37
Section 3. Standards…
38
Section 4. Community Design…
39
Section 5. Prohibited Lighting.
40
41
42 The following types of outdoor lighting are prohibited:
43
A. Spillage…
44
B. Unauthorized Traffic Lighting…
45
C. Beacon or Searchlights…
46
- 152 -
D. Drop Lens Fixtures…
1
E. Neon Tubing, Bare Bulbs, and Miniature Lighting…
2
3
F. Awnings.
4 No awnings, valances, or support structures
5 shall be internally-illuminated or backlit pursuant to Chapter 4,
6 Article III, Section 3.E A.5.
7
Section 6. Penalties…
8
9
PART III (LDR), CHAPTER 4, ARTICLE VIII ROADWAYS, UTILITIES, AND
10
INFRASTRUCTURE STANDARDS.
11
12
ARTICLE VIII. ROADWAYS, UTILITIES, AND INFRASTRUCTURE
13
DESIGN STANDARDS
14
15
Section 1. General…
16
Section 2. City Approval Required…
17
Section 3. Standards.
18
19
A. General Standards for All Required Improvements….
20
B. Utilities…
21
C. Roadways and Streets
22 .
23
1. General…
24
2. Designation System…
25
3. Naming System…
26
27
a. Curvilinear Streets…
28
b. Streets Crossing Ocean Avenue…
29
30
c. (Table 4-23 ) Suffixes…
31 8
d. Street Name Changes…
32
e. Standard Street Name Numbering and
33
Addressing…
34
f. Vanity Street Name Numbering and
35
Addressing…
36
37
4. Street Layout and Configuration.
38
39
a. General…
40
b. Width of Ultimate Right-of-Way.
41
42
43 (1) (Table 4-24 9) General Standards…
44 (2) Within All Planned Residential
45 Developments…
- 153 -
1 (3) Within All Commercial and
2 Industrial Districts…
3
c. Width of Pavement…
4
d. Dimensions of Blocks
5 …
e. Dead-end Streets…
6
f. Street Jogs…
7
g. Half-streets…
8
h. Marginal Access Streets…
9
i. Local Streets…
10
j. Railroads Abutting Developments…
11
k. Thoroughfare Intersections…
12
l. Alignment, Tangent, Deflection, Radii…
13
m. Traffic Calming Measures…
14
n. Lot Access…
15
o. Driveway Spacing…
16
p. Street Connections…
17
q. Cross Access Roads…
18
r. Median Strips…
19
s. Entrances to Developments…
20
t. Collector Road Dedication…
21
u. Visual Obstructions of Intersections…
22
v. Right-of-Way Improvement &
23
Construction Standards…
24
25
5. Construction, Repair, or Alterations…
26
27
D.Sidewalks.
28
29
1. General…
30
2. Standards…
31
3. Construction, Repair, or Alterations…
32
4. Abandonments…
33
5.Miscellaneous…
34
35
6. Community Design.
36 See Chapter 4, Article III,
37 Sections 6 and 7 Section 4 below for additional regulations
38 community design standards related to sidewalks and
39 pedestrian pathways.
40
E. Pedestrian and Bicycle Paths…
41
F. Bridges & Culverts…
42
G. Drainage, Stormwater, and Wastewater Management…
43
H. Canals and Waterways…
44
45
Section 4. Community Design.
46
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A. General.
1
2
1. Purpose and Intent.
3 The purpose of this section is
4 to promote harmony with nature and a pleasant and
5 comprehensible cohesiveness among development within
6 the City. Through enforcement of the Community Design,
7 the local elected officials shall determine the basic aesthetic
8 character to be achieved in the development of the
9 community.
10
2. Administration.
11 The Director of Planning and
12 Zoning shall have the authority to coordinate, interpret, and
13 administer this section.
14
3. Waiver.
15 Any deviation or variation from the
16 regulations of this section requires the approval of a
17 Community Design Appeal (CDPA) in accordance with
18 Chapter 2, Article II, Section 4.B.
19
B. Sidewalks.
20 The following regulations shall apply to
21 sidewalks:
22
1. “Urban Mixed Use” Districts.
23 The following
24 regulations shall apply to sidewalks in the Mixed Use-Low
25 Intensity 1, Mixed Use-Low Intensity 2, Mixed Use-Low
26 Intensity 3, and Mixed Use-High Intensity districts:
27
a.Materials.
28 Sidewalks shall, where
29 practical, be Holland-Stone pavers, red/charcoal
30 color mix 2 by Paver Systems, Inc., or equal, laid in
31 a 4 S herringbone pattern to continue the consistent
32 with the current design elements in place along
33 Federal Highway.
34
b.Design.
35 Pedestrian circulation should
36 be carefully planned to prevent pedestrian use of
37 vehicular ways and parking spaces.
38
39 In all cases, pedestrian access shall be provided to
40 public walkways.
41
2.Mixed Use-High Intensity (MU-H) District.
42
43 Sidewalks constructed along arterial roadways shall
44 be a minimum of ten (10) feet wide, measured from the
45 back of the curb.
46
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3. Mixed Use Developments
1 . Sidewalk accents via
2 pavers or stamped colored concrete shall be utilized in all
3 central pedestrian ways of mixed-use development areas.
4
4. Large Non-Residential Development (Big Box)
5
Regulations.
6 See Chapter 4, Article III, Section 3.I for
7 additional regulations regarding pedestrian pathways within
8 large non-residential (big box) developments.
9
Section 4 . Penalties…
10 5
11
PART III (LDR), CHAPTER 4, ARTICLE IX BUILDING, CONSTRUCTION,
12
AND HISTORIC PRESERVATION REQUIREMENTS.
13
14
ARTICLE IX. BUILDING, CONSTRUCTION, AND HISTORIC
15
PRESERVATION REQUIREMENTS.
16
17
Section 1. General…
18
Section 2. City Approval Required…
19
Section 3. Certificate of Occupancy or Completion…
20
Section 4. Florida Building Code Requirements…
21
Section 5. Coastal Building Zone Requirements…
22
Section 6. Historic Preservation Requirements.
23
24
A. General
25
26
1. Purpose and Intent.
27 These provisions are
28 designed to identify, protect, restore and encourage the
29 reuse of Resources, all of which are essential to the City’s
30 health, safety, morals and its economical, educational,
31 cultural, and general welfare. These valid public purposes
32 shall be fulfilled by the ordinance, to achieve the following
33 goals:
34
a.
35 Preserve, protect, enhance and perpetuate
36 Resources which represent distinctive and
37 significant elements of the City’s historical,
38 cultural, social, economical, political,
39 archaeological, and architectural identity; and/ or
40 serve as visible reminders of the City’s culture and
41 heritage;
42
b.
43 Ensure the harmonious, orderly, and
44 efficient growth, prosperity and development of the
45 City through retention and reuse of its historic and
46 cultural Resources;
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1
c.
2 Strengthen civic pride and cultural stability
3 through neighborhood conservation;
4
d.
5 Contribute to the stabilization of the
6 economy of the city through the continued use,
7 preservation, conservation and revitalization of its
8 Resources;
9
e.
10 Protect and enhance the city’s historic,
11 cultural and architectural attractions to tourists and
12 visitors and the support and stimulus to business
13 and industry thereby provided;
14
f.
15 Promote the use of Resources for the
16 education, pleasure, and welfare of the people of the
17 City;
18
g.
19 Provide a review process for the continued
20 preservation and appropriate, compatible and
21 sensitive development of new construction and
22 additions with in the city’s historic districts and
23 neighborhoods;
24
h.
25 Protect an enhance the scale, character and
26 stability of existing neighborhoods, and protect
27 against destruction of or encroachment upon areas
28 which contribute to the character of the City;
29
i.
30 Facilitate the creation of a convenient,
31 harmonious and attractive community, and protect
32 the architectural beauty, special architectural
33 features, and special landscape features of the City;
34
j.
35 Avoid demolition, or other adverse effect on
36 historic properties (Properties) and Districts, which
37 would cause an irreparable loss to the City;
38
k.
39 Assist neighborhoods to achieve a positive
40 neighborhood identity and sense of place.
41
42 In addition, these provisions are designed to
43 implement, be consistent with, and assist in the
44 achievement of the goals, objectives and policies, as
45 specifically required by the City’s Comprehensive
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1 Plan, with respect to historic, conservation, and
2 neighborhood Resources.
3
2. Terms and Definitions.
4 See Chapter 1, Article
5 II for all applicable terms and definitions which pertain to
6 the historic preservation regulations and standards
7 contained herein.
8
3. Certified Local Government Review.
9 The
10 City Commission is a Certified Local Government (CLG)
11 approved by the Florida Department of State, Division of
12 Historical Resources. The City Commission as a CLG is
13 required to participate in the Florida National Register of
14 Historic Places nomination process, be involved in the
15 Section 106 process, and is eligible to receive grants from
16 the Certified Local Government Section of the Florida
17 Department of State, Historical Resources Grants-In-Aid
18 program.
19
4. Unsafe Buildings and Structures.
20 Should the
21 Building Official determine that a Historic Property or a
22 Property within a Historic District is unsafe, the Planning
23 and Zoning staff and Historic Resources Preservation
24 Board shall be notified of such findings. Within applicable
25 laws and regulation, the Building Official shall endeavor to
26 have the Resource repaired rather than demolished and
27 shall take into account any comments and recommendation
28 by the Board. The Board may take appropriate actions to
29 Effect and accomplish the preservation of the Resource,
30 including, but not limited to, negotiations with the owner
31 and other Interested Parties, provided that such actions do
32 not interfere with the Florida Building Codes.
33
34 In the case where the Building Official determines that
35 there are emergency conditions dangerous to the life, health
36 or property affecting a Historic Property or a Property
37 within a Historic District, and timely Demolition is the only
38 course of action, the Building Official may order the
39 Demolition and notify the Planning and Zoning Division of
40 the impending action. In this instance, a Certificate of
41 Appropriateness will not be required and the Historic
42 Resources Preservation Board will promptly be notified of
43 the action being taken.
44
5. Waiver of Technical Requirements.
45 The
46 provisions of the technical codes relating to the
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1 construction, alteration, repair, enlargement, restoration or
2 moving of Buildings may not be mandatory for those
3 Resources listed in the Boynton Beach Register of Historic
4 Places and the National Register of Historic Places, when
5 evaluated by a Florida registered architect or engineer and
6 demonstrated to the Building Official to be safe and in the
7 public interest of health, safety and welfare.
8
9 Resources or portions thereof that do not strictly comply
10 with the Florida Building Code may be considered to be in
11 compliance, if it can be shown to the satisfaction of the
12 Building Official that equivalent protection has been
13 provided or that no hazard will be created or continued
14 through noncompliance. (Life safety and property
15 conservation shall be provided in accordance with Chapter
16 11, Sections 1105 and 1106 of the 2007 Florida Building
17 Code, or as subsequently amended).
18
19 Alterations to Resources listed in the Boynton Beach
20 Register of Historic Places and the National Register of
21 Historic Places may receive exemption from accessibility
22 requirements. (Pursuant to Chapter 11, Section 11-4.1.7 of
23 the 2007 Florida Building Code, or as subsequently
24 amended, the Building Official may determine that
25 compliance for accessible routes (exterior and interior),
26 ramps, entrances, or toilets would threaten or destroy the
27 historic significance of the Building, in which case the
28 alternative requirements in Chapter 11, Section 11-4.1.7(3)
29 may be utilized).
30
6. Administrative and Board Approval of Zoning
31
Code Variances.
32 Alterations to Resources listed in the
33 Boynton Beach Register of Historic Places and the National
34 Register of Historic Places may receive variances to zoning
35 code regulations, if such regulations would adversely
36 impact or threaten the historic significance of the Resource.
37 The responsibility for review and approval of an
38 application for a variance in association for a Certificate of
39 Appropriateness for Alterations of Resources listed in the
40 Boynton Beach Register of Historic Places and the National
41 Register of Historic Places will rest with staff, unless the
42 corresponding Certificate of Appropriateness requires
43 Historic Resources Preservation Board (HRPB) action, in
44 which case the HRPB will have review and approval
45 responsibility. Such requests for variance shall be made on
46 a separate application, approved by the Board. Said
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1 application fee and other applicable charges shall be
2 established by resolution adopted by the City Commission.
3
7. Sustainable Building Practices.
4 The
5 application of sustainable, energy efficient and green
6 building practices to improvements associated with historic
7 properties is encouraged whenever they are compatible
8 with best historic preservation practices. Whenever
9 possible, equipment such as solar panels, wind generation
10 devices, mechanical equipment, etc., should not be affixed
11 to the building, but sited in the rear or side yard locations
12 and fully screened with landscaping, fence or wall. When
13 placement upon the building is unavoidable, such
14 equipment, as well as skylights, shall be located on a non-
15 character defining elevation or roof slope that is not visible
16 from the street. In no instance, shall the equipment be
17 allowed to be placed upon any character defining feature.
18 Expedited review shall be afforded to those applicants who
19 propose the placement of such equipment on other than the
20 building facades or roof.
21
B. Designation of Historic Properties and Districts.
22
23
1. Guidelines for Historic Designation.
24 To
25 qualify as a Property or a District, individual properties
26 must have significance in American history, architecture,
27 archeology, engineering or culture and possess integrity of
28 location, design, setting, materials, workmanship, feeling,
29 and association. For Districts, eligibility is based on the
30 establishment of historic contexts or themes which describe
31 the historical relationship of the Properties within the
32 district. Individual Buildings shall normally be at least 50
33 years old and, in the case of a District, at least 50% of the
34 Buildings shall normally be at least fifty years old.
35 Buildings shall also be significant in one or more of the
36 following areas;
37
a.
38 Association with events that have made a
39 significant contribution to the broad patterns of the
40 City’s history; or
41
b.
42 Association with the lives of persons
43 significant in the City’s past; or
44
c.
45 Embodies the distinctive characteristics of a
46 type, period or method of construction, or
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1 represents the work of a master, or possesses high
2 artistic values, or represents a significant and
3 distinguishable entity whose components may lack
4 individual distinction;
5
d.
6 Has yielded, or may be likely to yield,
7 information important in prehistory or history; or
8
e.
9 Is listed in the National Register of Historic
10 Places.
11
2. Criteria Considerations.
12 Ordinarily cemeteries,
13 birthplaces, graves of historical figures, properties owned
14 by religious institutions or used for religious purposes,
15 structures that have been moved from their original
16 locations, reconstructed historic buildings, properties
17 primarily commemorative in nature, and properties that
18 have achieved significance within the past 50 years shall
19 not be considered eligible for the Boynton Beach Register
20 of Historic Places. However, such properties will qualify if
21 they are integral parts of districts that do meet the criteria
22 or if they fall within the following categories:
23
a.
24 A religious property deriving primary
25 significance from architectural or artistic distinction
26 or historical importance; or
27
b.
28 A building or structure removed from its
29 original location but which is primarily significant
30 for architectural value, or which is the surviving
31 structure most importantly associated with a historic
32 person or event; or
33
c.
34 A birthplace or grave of a historical figure of
35 outstanding importance if there is no appropriate
36 site or building associated with his or her productive
37 life; or
38
d.
39 A cemetery that derives its primary
40 importance from graves of persons of transcendent
41 importance, from age, from distinctive design
42 features, or from association with historic events; or
43
e.
44 A reconstructed building when accurately
45 executed in a suitable environment and presented in
46 a dignified manner as part of a restoration master
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1 plan, and when no other building or structure with
2 the same association has survived; or
3
f.
4 A property primarily commemorative in
5 intent if design, age, tradition, or symbolic value
6 has invested it with its own exceptional
7 significance; or
8
g.
9 A property achieving significance within the
10 past 50 years if it is of exceptional importance.
11
3. Procedures.
12 See Chapter 2, Article II, Section 6.
13
4. Removal of Designation.
14 A designation may be
15 removed by the City Commission based upon the Board’s
16 recommendation. Such recommendation shall be based
17 upon new and compelling evidence and evaluation of work
18 or natural cause producing an adverse effect to a Property
19 or District. The same guidelines and the same procedures
20 established for designation shall be considered for a
21 removal of designation.
22
5. Designation of County, State or Other Political
23
Subdivision Properties.
24 County, state or political
25 subdivision entity-owned Properties may be designated as a
26 Property or District if such designation is not prohibited or
27 preempted by law, or otherwise provided for in the
28 Intergovernmental Coordination Element of the
29 Comprehensive Plan. In the absence of prohibition,
30 preemption, or other agreement, such other government
31 may only avoid designation of its Property by bearing the
32 burden of proof that public interests, on balance, are best
33 served by avoiding such designation. Such determination
34 shall be established by the process as set forth in this
35 ordinance. Once designated, unless reversed upon appeal,
36 such designated Property or District shall comply with and
37 be regulated by all regulations contained in this ordinance.
38
6. Maintenance and Repair of Designated
39
Properties; Demolition by Neglect Prohibited.
40
41
a. Ordinary Maintenance or Repair.
42
43 Nothing in this chapter shall be construed to
44 prevent the ordinary maintenance or repair of any
45 exterior elements of any building or structure that
46 does not involve a change of design, appearance or
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1 material, and which does not require a building
2 permit.
3
b. Affirmative Maintenance Required.
4
5 The owner of a property designated pursuant
6 to this chapter either individually or as part of a
7 district or zone shall comply with all applicable
8 codes, laws and regulations governing the
9 maintenance of property. It is the intent of this
10 section to preserve from deliberate or inadvertent
11 neglect the exterior features of such properties and
12 the interior portions thereof when maintenance is
13 necessary to prevent deterioration and decay of the
14 property. All such properties shall be preserved
15 against decay and deterioration and shall be free
16 from structural defects though prompt corrections of
17 any of the following defects:
18
19 (1) Facades that fall and injure the
20 subject property, adjoining property or
21 members of the public;
22
23 (2) Deteriorated or inadequate
24 foundations, defective or deteriorated
25 flooring or floor supports, deteriorated walls
26 or other vertical structural supports;
27
28 (3) Members of ceilings, roofs ceiling
29 and roof supports or other structural
30 members that may rot, sag, split or buckle
31 due to defective material or deterioration;
32
33 (4) Deteriorated or ineffective
34 waterproofing of exterior walls, roofs,
35 foundations or floors, including broken,
36 unsecured or missing windows or doors.
37
38 (5) Any fault or defect in the property
39 that renders it structurally unsafe,
40 insufficiently protected from weathering, or
41 not properly watertight.
42
7. Nominations to the National Register of Historic
43
Places.
44 As part of the duties under the Certified Local
45 Government program, the Historic Resources Preservation
46 Board shall receive all nominations of local property to the
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1 National Register of Historic Places following the
2 regulations of the State Historic Preservation Office.
3
a.
4 Appropriate local officials, owners of
5 record, and applicants shall be given a minimum of
6 thirty calendar days and not more than seventy-five
7 calendar days prior notice to Historic Resources
8 Preservation Board meetings in which to comment
9 on or object to the listing of a property in the
10 National Register.
11
b.
12 Objections to being listed in the National
13 Register by property owners must be notarized and
14 filed with the State Historic Preservation Officer.
15 Within thirty (30) days after its meeting the Board
16 shall forward to the State Historic Preservation
17 Officer its action on the nomination and the
18 recommendations of the local officials. Appropriate
19 local officials, the owner and the applicant shall be
20 notified of the board's action.
21
c.
22 The State Historic Preservation Officer will
23 take further steps on the nomination in accordance
24 with federal and state regulations. If either the
25 Board or the local officials or both support the
26 nomination, the State Historic Preservation Officer
27 will schedule the nomination for consideration by
28 the state review board for the National Register at
29 its next regular meeting. If both the Board and the
30 local officials recommend that a property not be
31 nominated to the National Register, the State
32 Historic Preservation Officer will take no further
33 action on the nomination unless an appeal is filed
34 with the State Historic Preservation Officer.
35
8. Designated Historic Sites.
36 The following
37 Historic Sites have been established:
38
a. National Register.
39
40
41 (1) Boynton Woman’s Club, 1010 South
42 Federal Highway, located on Lots 4, 5, 6,
43 and 7 less the West 35 feet thereof, Parker
44 Estate, according to the plat thereof recorded
45 in Plat Book 10, Page 37 of the Public
- 164 -
1 records of Palm Beach County, Florida.
2 (Published 4/26/1979).
3
4 (2) Boynton School, 141 East Ocean
5 Avenue, located on Lot 3, Block 4 of
6 Sawyer’s Addition, City of Boynton Beach,
7 Florida. (Published 3/7/1994).
8
C. Certificate of Appropriateness.
9 The Board or staff
10 shall review actions affecting the exterior of Properties and all
11 Resources, including non-contributing Properties, within Districts.
12
1. Secretary of the Interior’s Standards for
13
Rehabilitation.
14 In reviewing an application, the
15 Secretary of the Interior’s Standards for Rehabilitation (as
16 may be amended from time to time) shall be applied. The
17 current version is as follows:
18
a.
19 A Property shall be used for its historic
20 purpose or be placed in a new use that requires
21 minimal change to the defining characteristics of
22 the Building and its site an environment.
23
b.
24 The historic character of a Property shall be
25 retained and preserved. The removal of historic
26 materials or alteration of features and spaces that
27 characterize a Property shall be avoided.
28
c.
29 Each Property shall be recognized as a
30 physical record of its time, place, and use. Changes
31 that create a false sense of historical development,
32 such as adding conjectural features or architectural
33 elements from other buildings, shall not be
34 undertaken.
35
d.
36 Most Properties change over time; those
37 changes that have acquired historic significance in
38 their own right shall be retained and preserved.
39
e.
40 Distinctive features, finishes, and
41 construction techniques or examples of
42 craftsmanship that characterize a property shall be
43 preserved.
44
f.
45 Deteriorated historic features shall be
46 repaired rather than replaced. Where the severity of
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1 deterioration requires replacement of a distinctive
2 feature, the new feature shall match the old in
3 design, color, texture, and other visual qualities and,
4 where possible, materials. Replacement of missing
5 features shall be substantiated by documentary,
6 physical, or pictorial evidence.
7
g.
8 Chemical or physical treatments, such as
9 sandblasting, that cause damage to historic
10 materials shall not be used. The surface cleaning of
11 Structures, if appropriate, shall be undertaken using
12 the gentlest means possible.
13
h.
14 Significant archaeological resources affected
15 by a project shall be protected and preserved. If
16 such resources must be disturbed, mitigation
17 measures shall be undertaken.
18
i.
19 New additions, exterior Alterations, or
20 related new construction shall not destroy historic
21 materials that characterize the Property. The new
22 work shall be differentiated from the old and shall
23 be compatible with the massing, size, scale, and
24 architectural features to protect the historic integrity
25 of the Property and its environment.
26
j.
27 New additions and adjacent or related new
28 construction shall be undertaken in such a manner
29 that if removed in the future, the essential form and
30 integrity of the historic Property and its
31 environment would be unimpaired.
32
2. Additional Criteria.
33 The above Standards for
34 Rehabilitation shall be supplemented by the following
35 criteria specific to certain types of requests:
36
a. New Construction and Alterations.
37 All
38 new construction and Alterations to existing
39 buildings within a designated historic district or on
40 an individually designated property shall be visually
41 compatible, and meet the following guidelines.
42
43 (1) Setting, Orientation and Setbacks.
44 The Building should be situated
45 approximately the same distance from the
46 street as adjacent Buildings, to create a
- 166 -
1 continuous street edge. The orientation of
2 the Building should be visually compatible
3 with that of the buildings in the Historic
4 District. The Setting should be designed
5 with the overall environment in mind. It
6 should take into account the compatibility of
7 landscaping, parking, service areas,
8 walkways, and accessory structures.
9
10 (2) Building Height. The height of
11 the Building at street level should be
12 visually compatible in comparison or
13 relation to the height of the existing
14 contributing buildings in the Historic
15 District.
16
17 (3) Design Styles. New Buildings should
18 take their design cues from the prevailing
19 architectural styles within the Historic
20 District. Traditional or contemporary design
21 standards and elements should relate to the
22 existing styles.
23
24 (4) Proportion of Openings. The
25 openings of any building within a Historic
26 District should be visually compatible with
27 the openings in existing contributing
28 buildings within the Historic District. The
29 relationship of the width of windows and
30 doors to the height of windows and doors
31 should be visually compatible with the
32 existing contributing buildings within the
33 Historic District.
34
35 (5) Rhythm of Solids to Voids. The
36 relationship between solids (walls) and
37 voids (windows and doors) of a Building
38 should be visually compatible with the
39 Surrounding Buildings.
40
41 (6) Rhythm of Spacing along the Street.
42 The relationship of Buildings to the
43 open space between them should be
44 compatible with the other Buildings on each
45 side of the street in that block.
46
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1 (7) Relationship of Materials and
2 Textures. The materials and textures of
3 a Building should be chosen with the
4 predominant materials of the Historic
5 District in mind. Simplicity in such use is
6 preferable.
7
8 (8) Roof Shapes. The roof shape of a
9 Building is a major distinguishing feature.
10 The roof shape of a Building should be
11 compatible with the roof shape of existing
12 contributing buildings within the Historic
13 District. The roof shape shall be consistent
14 with the architectural style of the Building.
15
16 (9) Size, Scale, Bulk, Mass and Volume.
17 The physical size, scale, bulk, mass
18 and volume should be compatible with the
19 existing contributing buildings within the
20 Historic District without overwhelming
21 them.
22
b. Additions.
23 All additions to historic
24 structures or structures within a Historic District
25 shall meet the following guidelines.
26
27 (1) Locate an addition to the rear or least
28 visible sides of historic structures. Locating
29 an addition on the front elevation should be
30 avoided.
31
32 (2) Minimize the loss of historic
33 materials from the historic structure and
34 protect character-defining features.
35
36 (3) Design the addition to be compatible
37 in terms of massing, size, scale, relationship
38 of solids to voids, and architectural features.
39 An addition should be subordinate to the
40 historic building.
41
42 (4) Differentiate the addition from the
43 historic structure.
44
45 (5) If permitted, rooftop additions
46 should generally be limited to one story in
- 168 -
1 height, should be set back from the wall
2 plane and should be as inconspicuous as
3 possible.
4
5 (6) Continue the design elements on all
6 elevations of the new construction, not only
7 those elevations that can be viewed from the
8 street.
9
10 (7) Design and construct the addition so
11 that, if removed in the future, the essential
12 form and integrity of the historic structure
13 will be unimpaired.
14
15 (8) Limit the size and number of
16 openings between the old and new building
17 by utilizing existing doors or by enlarging
18 existing windows.
19
c. Demolition.
20 All demolitions of historic
21 structures within a Historic District shall comply
22 with the following:
23
24 (1) Simultaneous certificates required.
25 No Building or Structure on a
26 Property or located within a District shall be
27 demolished without first receiving a
28 Certificate of Appropriateness for new
29 construction. The applications for
30 demolition and new construction shall be
31 reviewed by the Board simultaneously. The
32 requirement of a Certificate of
33 Appropriateness for new construction may
34 be waived by the Board upon a good cause
35 showing that such requirement would be
36 unduly harsh or would result in a substantial
37 hardship to the Property owner.
38
39 A showing of good cause may include, but
40 is not limited to, evidence that the Property
41 owner is unable to comply with the
42 requirement for simultaneous new
43 construction due to advanced age, infirmity,
44 physical or other debilitating handicap, or
45 financial hardship.
46
- 169 -
1 If an application for Certificate of
2 Appropriateness for Demolition is approved,
3 the owner shall, at his/her expense, fully
4 record the building prior to Demolition. At a
5 minimum, the owner shall provide an
6 architectural description, floor plan with
7 interior and exterior dimensions, interior and
8 exterior photographs, and any other
9 information requested by the Board. Said
10 record shall be deposited in the local
11 archives, where it will be made available to
12 the public.
13
14 Upon approval by the Board of a Certificate
15 of Appropriateness for Demolition, the
16 demolition permit shall not be issued until
17 all demolition and new construction plans
18 for the Property have received all other
19 required governmental approvals.
20
21 The existence of one or more of the
22 following conditions may be the basis for
23 denial of a demolition application:
24
25 (a) The Resource contributes
26 significantly to the historic character
27 of a designated Property or District.
28
29 (b) The Resource is listed on the
30 National Register.
31
32 (c) The Resource is one of the
33 last remaining examples of its kind
34 in the neighborhood or City.
35
36 (d) The Resource is capable of
37 being repaired and reused in a
38 practical and feasible manner.
39
40 (e) Retention of the Resource
41 would promote the general welfare
42 of the City by providing an
43 opportunity to study local history,
44 architecture and design, or by
45 developing an understanding of the
- 170 -
1 importance and value of a particular
2 culture or heritage.
3
4 (f) Granting a Certificate of
5 Appropriateness for the Demolition
6 would result in an irreparable loss to
7 the City of a significant Resource.
8
9 (g) The plans for the
10 simultaneous new construction (if
11 the Demolition is granted) are not
12 compatible with the Property or
13 District.
14
15 (2) Demolition Delay Period. The
16 Board may grant a Certificate of
17 Appropriateness for Demolition which may
18 contain a delayed effective date. The
19 effective date will be determined by the
20 Board based on the relative significance of
21 the Resource and the probable time required
22 to arrange a possible alternative to
23 demolition. The Board may delay
24 demolition for up to three (3) months.
25 During the demolition delay period, the
26 Board may take such steps as it deems
27 necessary to preserve the Resource. Such
28 steps may include, but are not limited to:
29 consultations with community groups,
30 public agencies and interested citizens;
31 recommendations for acquisition of the
32 Property by public or private bodies, or
33 agencies; an exploration of the possibility of
34 moving the Resource.
35
36 (3) Salvage and Preservation of Specific
37 Features. The Board may require the
38 Property owner to salvage and preserve
39 specified classes of building materials,
40 architectural details, ornaments, fixtures and
41 the like.
42
43 (4) Authority to Initiate Designation.
44 If an undesignated property warrants
45 it and it is otherwise authorized under this
46 ordinance, staff may initiate, or recommend
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1 that the Board initiate, the designation
2 application and review process. Staff may
3 further request that the Board require that
4 the issuance of a demolition permit be
5 stayed pending the Board’s review of the
6 application and the City Commission’s
7 decision to designate or deny designation of
8 the property. However, the maximum period
9 during which the issuance of a demolition
10 permit may be stayed pursuant to this
11 paragraph is one hundred twenty (120) days,
12 unless extended by the City Commission. If
13 for any reason the designation process is not
14 completed and the demolition application is
15 approved, the owner shall, at his/her
16 expense, fully record the building prior to
17 Demolition and attempt to salvage and
18 preserve specified classes of building
19 materials, architectural details, ornaments,
20 fixtures and the like.
21
d. Relocation.
22 The existence of one or more
23 of the following conditions may be the basis for
24 denial of a relocation application:
25
26 (1) The historic character or aesthetic
27 interest of the Resource contributes to its
28 present setting in such a manner that
29 relocation would result in a substantial loss
30 to the setting or District.
31
32 (2) There are no definite plans for the
33 area to be vacated.
34
35 (3) There are definite plans for the area
36 to be vacated that may adversely affect the
37 character of the District.
38
39 (4) The Resource cannot be moved
40 without significant damage to its physical
41 integrity.
42
43 (5) The proposed relocation area is not
44 compatible with the historic, cultural, and
45 architectural character of the Resource.
46
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1 (6) Little or no effort has been made to
2 consider relocation within the same District
3 or within another District with compatible
4 historic, aesthetic, cultural, or design
5 qualities with the relocated Resource.
6
e. Changes in Approved Work.
7 Any
8 change in the proposed work following the issuance
9 of a Certificate of Appropriateness shall be
10 reviewed by staff. If the proposed change does not
11 materially affect the historic character or the
12 proposed change is in accordance with the Board’s
13 decision, staff may administratively approve the
14 change. If the proposed change is not in accordance
15 with the Board’s decision, a new Certificate of
16 Appropriateness application for such change must
17 be submitted for review.
18
D. Historic Preservation Property Tax Exemption
19
Program.
20
21
1. General.
22
23
a.
24 The granting of tax exemptions to owners
25 who make improvements to Historic Properties was
26 authorized by an amendment to the Florida
27 Constitution and codified in Section 196.1997 and
28 196.1998 Florida Statute (1992). The ad valorem
29 tax exemption program was established by Palm
30 Beach County in 1995 (Ordinance 95-41), and may
31 be implemented in the City through an interlocal
32 agreement with the County and a local Tax
33 Abatement Exemption ordinance. The Tax
34 Abatement Exemption Ordinance authorizes
35 granting exemptions from increases to ad valorem
36 taxes for qualified improvements to qualifying
37 properties.
38
b.Exemptions.
39 Exemptions for Historic
40 Properties are intended for the physical
41 improvements necessary to Restore or Rehabilitate
42 the Historic Resource, which may include additions,
43 Alterations and new construction. The
44 improvements must comply with the Secretary of
45 the Interior’s Standards for Rehabilitation.
46
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1 The City and County will process the application
2 following mutually established procedures through
3 both the City and County Commissions. This
4 program will provide an exemption from tax
5 increases on the improvements to the Property for
6 up to a 10 year period. The exemption is conveyed
7 through a covenant that accompanies the deed of the
8 Property and may be transferred to future owners
9 during the abatement period.
10
2. Tax Exemption for Historic Properties.
11
12
a.
13 The City Commission hereby creates a tax
14 exemption for the appropriate restoration,
15 renovation or rehabilitation of qualifying historic
16 properties designated herein. Qualifying property
17 shall be exempt from that portion of ad valorem
18 taxation levied by the City on one hundred percent
19 (100%) of the increase in assessed value resulting
20 from any appropriate renovation, restoration or
21 rehabilitation of the qualifying property made on or
22 after the effective date of this ordinance.
23
b.
24 The above exemption does not apply to:
25
26 (1) Taxes levied for payment of bonds;
27
28 (2) Taxes authorized by a vote of the
29 electors pursuant to section 9(b) or section
30 12, Article VII, of the Florida Constitution;
31 or
32
33 (3) Personal property.
34
3. Qualifying Properties and Improvements.
35
36
a.
37 The following real property in the City is
38 qualifying property for the purposes of this
39 subsection if at the time the exemption is approved
40 by the City Commission, the property:
41
42 (1) Is individually listed in the National
43 Register of Historic Places pursuant to the
44 National Historic Preservation Act of 1966,
45 as amended; or
46
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1 (2) Is a contributing property to a
2 national register-listed district; or
3
4 (3) Is designated as a historic property,
5 or as a contributing property to a historic
6 district, under the terms of the City's historic
7 preservation ordinance; and
8
9 (4) Has been certified by the Board as
10 satisfying subparagraphs (1)(a), (1)(b), or
11 (1)(c) above.
12
13 The exemption does not apply to
14 improvements made to non-contributing
15 principal buildings or non-contributing
16 accessory structures.
17
b.
18 For an improvement to a historic property to
19 qualify the property for an exemption, the
20 improvement must:
21
22 (1) Be consistent with the United States
23 Secretary of Interior's Standards for
24 Rehabilitation, as amended,
25
26 (2) Be determined by the Board to meet
27 criteria established in rules adopted by the
28 Department of State, Division of Historical
29 Resources, FAC lA-38, as amended, and
30
31 (3) Be consistent with any ordinance of
32 the city designating the property as historic
33 or designating the historic district in which
34 the property is located.
35
4. Evaluation of Property Used for Government or
36
Nonprofit Purpose.
37 Pursuant to Title XIV, Chapter
38 196.1998, Florida Statutes, which allows for exemption
39 from ad valorem taxation of up to one hundred percent
40 (100%) of the assessed value of the property as improved, a
41 property is being used for government or nonprofit
42 purposes if the sole occupant of at least sixty-five percent
43 (65%) of the useable space is an agency of the federal, state
44 or a local government unit or a nonprofit organization
45 certified by the Department of State under Chapter
46 617.013, Florida Statutes. As for being “regularly and
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1 frequently open” for public access, the property shall be
2 open to the public not less than twelve (12) days per year
3 on an equitably spaced basis, and at other times by
4 appointment. Nothing herein shall prohibit the owner from
5 charging a reasonable nondiscriminatory admission fee,
6 comparable to fees charged at similar facilities in the area.
7
5. Application for Exemption; Fees.
8 An applicant
9 desiring an ad valorem tax exemption for proposed
10 improvements to a historic property must file a request
11 accompanied by its corresponding fee and all
12 documentation required by the application checklist. The
13 request shall be made on the two-part Historic Preservation
14 Property Tax Exemption Application, approved by the
15 State of Florida, Division of Historical Resources and
16 promulgated in accordance with Rule 1A-38, Florida
17 Administrative Code, and include additional information
18 and documentation of the cost of the qualifying
19 improvement. Part 1 of the application, the Preconstruction
20 Application, shall be submitted before qualifying
21 improvements are initiated and Part 2, the Final
22 Application/ Request for Review of Completed Work, shall
23 be submitted to the City for review upon completion of the
24 qualifying improvements. The Final Application/Request
25 for Review of completed Work shall contain the Historic
26 Preservation Exemption Covenant as established by the
27 Department of State, Division of Historical Resources and
28 applicable for the term for which the exemption is granted.
29
6.Preconstruction Application.
30 The review
31 process shall be initiated with the submittal of a
32 Preconstruction Application to the City. The
33 Preconstruction Application shall contain a copy of the
34 application for Certificate of Appropriateness, information
35 on project cost, and a copy of the most recent tax bill for
36 the subject property from the Palm Beach County Property
37 Appraiser. Upon the receipt of the Preconstruction
38 Application by the City, the City shall conduct a review for
39 eligibility in accordance with the requirements stated
40 herein.
41
7.Review of Preconstruction Application.
42 A
43 review of the Preconstruction Application shall be
44 completed by the City in accordance with the established
45 schedule and process.
46
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a.
1 Once the City determines that the work as
2 proposed is a qualifying improvement and is in
3 compliance with the review standards contained
4 herein, the City shall approve the Preconstruction
5 Application and issue a written notice to the
6 applicant with a copy to the Board.
7
b.
8 If the City determines that the work as
9 proposed is not a qualifying improvement or is not
10 in compliance with the review standards contained
11 herein, a written notice shall be provided to the
12 applicant, including recommendations concerning
13 the changes to the proposed work necessary to make
14 it a qualifying improvement and bring it into
15 compliance with the review standards.
16
8. Appeals to the Historic Resources Preservation
17
Board.
18
19
a.
20 Within ten (10) days of receipt of notice that
21 the City has denied a Preconstruction Application,
22 the applicant may file a written notice of appeal of
23 the denial to the Board. The appeal shall be
24 processed in accordance with the public meeting
25 and notification procedures required of the City’s
26 quasi-judicial hearing process, except that public
27 notices need only be mailed to owners of abutting
28 or adjacent property as determined by the Historic
29 Preservation Planner.
30
b.
31 If the Board denies the appeal, the applicant
32 may appeal the action of the Board to the City
33 Commission.
34
9.Issuance of Other Permits or Approval.
35 If all or
36 part of the proposed improvements require a building
37 permit or other necessary approval of the City or any other
38 governmental agency, the improvements shall also be
39 reviewed pursuant to any other applicable code provisions
40 of the City and require such corresponding approval. A
41 Preconstruction Application shall not be approved by the
42 City and issued until such permit or other approvals have
43 been granted.
44
45 No certificate of occupancy or completion shall be issued
46 by the City until the Final Application has been approved
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1 by the City Commission and all appeal proceedings have
2 been completed.
3
10.Completion of Work.
4 An applicant must
5 complete all work within two (2) years following the date
6 of approval of a Part 1, Preconstruction Application by
7 staff. A Preconstruction Application shall be automatically
8 revoked if the property owner has not submitted a Final
9 Application/Request for Review of Completed Work within
10 two (2) years following the date of approval of the
11 Preconstruction Application.
12
13 The Board, upon the recommendation of the City, may
14 extend the time for completion of a substantial
15 improvement in accordance with the procedures of the
16 City's Building Code.
17
11.Final Application and Request for Review of
18
Completed Work.
19
20
a.
21 The Final Application/Request for Review
22 of Completed Work shall be accompanied by
23 documentation of the total cost of the qualifying
24 improvements. Appropriate documentation may
25 include, but is not limited to paid contractor's bills,
26 cancelled checks, and an approved building permit
27 application listing the cost of work to be
28 performed. Upon the receipt of a Final
29 Application/Request for Review of Completed
30 Work and all required supporting documents, the
31 City shall inspect the completed improvements to
32 ensure compliance with the Preconstruction
33 Application, Certificate of Appropriateness, and any
34 approved amendments.
35
b.
36 If the City determines that the work is a
37 qualifying improvement and is in compliance with
38 the review standards contained herein, the Final
39 Application/Request for Review of Completed
40 Work shall be approved and forwarded to the Board
41 for review, and written notice shall be provided to
42 the applicant.
43
c.
44 If the City determines that the work as
45 completed is not in compliance with the
46 Preconstruction Application or the established
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1 timeframe as described in this section, the applicant
2 shall be given written explanation for such findings,
3 including recommendations concerning the changes
4 to the proposed work necessary to make it a
5 qualifying improvement and bring it into
6 compliance with the review standards. The
7 application will be forwarded to the Board for
8 review once the applicant makes the adequate
9 changes necessary for compliance, or upon
10 receiving notice from the applicant that no further
11 changes will be made to the project.
12
12.Recommendations to Historic Resources
13
Preservation Board and City Commission.
14 On
15 completion of the review of' a Final Application/Request
16 for Review of Completed Work, the City shall present such
17 Final Application in a regularly scheduled meeting of the
18 Board and recommend that such Board grant or deny the
19 exemption. The recommendation and explanation shall be
20 provided in writing to the applicant and Board for
21 consideration at a public meeting. The application, along
22 with a recommendation of approval or denial shall
23 subsequently be forwarded by the Board to the City
24 Commission for final consideration.
25
13. Approval by the City Commission.
26 Upon
27 approval of a Final Application/Request for Review of
28 Completed Work by the Board, the Final Application shall
29 be placed by resolution on the agenda of the City
30 Commission for approval. The resolution to approve the
31 Final Application shall indicate the property owner,
32 property address and legal description, time period that
33 exemption will remain in effect and expiration date, and
34 shall require the owner to record the restrictive covenant in
35 the Official Record Book of Palm Beach County. The
36 applicant shall provide the City with two (2) certified
37 copies of the recorded covenant.
38
14.Notice of Approval to the Property Appraiser.
39
40 The City shall transmit the following certified
41 copies to the Palm Beach County Property Appraiser: 1)
42 recorded restrictive covenant; 2) approved Final
43 Application/Request for Review of Completed Work; and
44 3) the resolution of the City Commission approving the
45 Final Application and authorizing the tax exemption.
46
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15. Effective Date and Duration of Tax Exemption.
1
2 When the City Commission approves a historic
3 preservation tax exemption, the covenant shall be in effect
4 for ten (10) years; however, the City Commission has the
5 discretion to approve a shorter time frame if petitioned by
6 the property owner. The effective date of the exemption
7 shall be January 1 of the following year from when the
8 covenant and resolution are recorded with the Palm Beach
9 County Clerk of the Court.
10
16.Property Maintenance, Penalty, and Revocation.
11
12 The character of the property and qualifying
13 improvements are to be maintained during the period that
14 the exemption is granted. Such covenant shall be binding
15 on the current property owner, transferees, and their heirs,
16 assigns and successors. A violation of the covenant shall
17 result in the revocation of the granted tax exemption, and
18 the property owner being subject to the payment of taxes
19 that would have been owed had the exemption not been
20 initially granted (see subparagraph (2) below). The
21 revocation process shall occur as follows:
22
a.Revocation Proceedings.
23
24
25 (1) Staff or the Board may initiate
26 proceedings to revoke the ad valorem tax
27 exemption provided herein, in the event the
28 applicant, or subsequent owner or successors
29 in interest to the property, fails to maintain
30 the property according to the terms and
31 conditions of the covenant;
32
33 (2) The Board shall provide notice to the
34 current owner of record of the property and
35 hold a revocation public hearing, and make a
36 recommendation to the City Commission;
37
38 (3) The City Commission shall review
39 the recommendation of the Board and make
40 a determination as to whether the tax
41 exemption shall be revoked. Should the
42 City Commission determine that the tax
43 exemption shall be revoked, a written
44 resolution revoking the exemption and
45 notice of penalties as provided herein shall
46 be provided to the owner, the Palm Beach
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1 County Property Appraiser and filed in the
2 official records of Palm Beach County;
3
4 (4) Upon receipt of the resolution
5 revoking the tax exemption, the Palm Beach
6 County Property Appraiser shall discontinue
7 the tax exemption on the property as of
8 January 1 of the year following receipt of
9 the notice of revocation; and
10
b. Notice of Penalties.
11 The resolution
12 revoking the tax exemption shall include a
13 statement that a penalty equal to the total amount of
14 taxes that would have been due in March of each of
15 the previous years in which the tax exemption and
16 covenant were in effect had the property not
17 received the exemption, less the amount of taxes
18 actually paid in those years, plus interest on the
19 difference calculated as provided in Section 212.12,
20 Florida Statutes shall be imposed by the Palm
21 Beach County Tax Collector for violation of the
22 terms, conditions and standards of the Historic
23 Preservation Exemption Covenant.
24
17.Annual Report.
25 The City shall prepare an
26 annual report to the City Commission regarding the tax
27 exemption proposed in this article. The report shall be filed
28 in January of each calendar year, and shall summarize the
29 activities of the City and Board related to this article during
30 the previous calendar year. The information shall include,
31 but not be limited to, a list of the properties for which a Part
32 1, Preconstruction Application, and Part 2, Final
33 Application/Request for Review of Completed Work were
34 made during the preceding year; an explanation of the
35 disposition of each application; the expenditures on each
36 approved qualifying improvement during the calendar year;
37 the total number of properties currently participating in the
38 program provided within this article; and any other
39 information requested by the City Commission.
40
E. Standards for Archeological Work; Discovery of
41
Archeological Site.
42
43
1.
44 The Historic Preservation Planner shall be
45 responsible for identifying, protecting, managing and
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1 promoting all cultural resources (historic and prehistoric
2 sites and districts) within the municipal bounds.
3
2. Archaeological Work.
4 Archeological
5 surveys, assessments, excavations, and other work required
6 by this ordinance shall be conducted by a qualified,
7 professional archeologist and be consistent with the
8 guidelines for such work promulgated by Palm Beach
9 County that are consistent with accepted professional
10 standards and regulations developed by the Florida
11 Department of State Division of Historical Resources and
12 the United States Department of the Interior, or their
13 successor agencies.
14
3. Site Discovered During the Development
15
Process.
16 In the event that archaeological materials are
17 discovered by ground disturbing activities on any property
18 within the City, such activities in the immediate vicinity of
19 the archaeological site shall be discontinued immediately
20 and the Planning & Zoning Department notified. The site
21 shall be inspected and may be required to be assessed by a
22 qualified professional archaeologist at the expense o the
23 property owner.
24
4. Unmarked Human Graves.
25 If a discovery is made
26 of an unmarked human grave or graves, then the procedures
27 for notifying the State Archaeologist and County Medical
28 Examiner shall be followed, consistent with state law.
29
Section 7. Enforcement and Penalties.
30 The City or any other legal
31 authority shall enforce any violation of this article pursuant to the penalty
32 provisions contained in Chapter 1, Article I, Section 7 of these Land
33 Development Regulations.
34
35
A. Purpose and Intent.
36 These provisions are designed to
37 identify, protect, restore and encourage the reuse of Resources, all
38 of which are essential to the City’s health, safety, morals and its
39 economical, educational, cultural, and general welfare. These
40 valid public purposes shall be fulfilled by the ordinance, to achieve
41 the following goals:
42
1.
43 Preserve, protect, enhance and perpetuate Resources
44 which represent distinctive and significant elements of the
45 City’s historical, cultural, social, economical, political,
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1 archaeological, and architectural identity; and/ or serve as
2 visible reminders of the City’s culture and heritage;
3
2.
4 Ensure the harmonious, orderly, and efficient
5 growth, prosperity and development of the City through
6 retention and reuse of its historic and cultural Resources;
7
3.
8 Strengthen civic pride and cultural stability through
9 neighborhood conservation;
10
4.
11 Contribute to the stabilization of the economy of the
12 city through the continued use, preservation, conservation
13 and revitalization of its Resources;
14
5.
15 Protect and enhance the city’s historic, cultural and
16 architectural attractions to tourists and visitors and the
17 support and stimulus to business and industry thereby
18 provided;
19
6.
20 Promote the use of Resources for the education,
21 pleasure, and welfare of the people of the City;
22
7.
23 Provide a review process for the continued
24 preservation and appropriate, compatible and sensitive
25 development of new construction and additions with in the
26 city’s historic districts and neighborhoods;
27
8.
28 Protect an enhance the scale, character and stability
29 of existing neighborhoods, and protect against destruction
30 of or encroachment upon areas which contribute to the
31 character of the City;
32
9.
33 Facilitate the creation of a convenient, harmonious
34 and attractive community, and protect the architectural
35 beauty, special architectural features, and special landscape
36 features of the City;
37
10.
38 Avoid demolition, or other adverse effect on
39 historic properties (Properties) and Districts, which would
40 cause an irreparable loss to the City;
41
11.
42 Assist neighborhoods to achieve a positive
43 neighborhood identity and sense of place.
44
45 In addition, these provisions are designed to implement, be
46 consistent with, and assist in the achievement of the goals,
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1 objectives and policies, as specifically required by the
2 City’s Comprehensive Plan, with respect to historic,
3 conservation, and neighborhood Resources.
4
B. Terms and Definitions.
5 See Chapter 1, Article II for
6 all applicable terms and definitions which pertain to the historic
7 preservation regulations and standards contained herein.
8
C. Designation of Historic Properties and Districts.
9
10
1. Guidelines for Historic Designation.
11 To
12 qualify as a Property or a District, individual properties
13 must have significance in American history, architecture,
14 archeology, engineering or culture and possess integrity of
15 location, design, setting, materials, workmanship, and
16 association. For Districts, eligibility is based on the
17 establishment of historic contexts or themes which describe
18 the historical relationship of the Properties within the
19 district. Individual Buildings shall normally be at least 50
20 years old and, in the case of a District, at least 50% of the
21 Buildings shall normally be at least fifty years old.
22 Buildings shall also be significant in one or more of the
23 following areas;
24
a.
25 Association with events that have made a
26 significant contribution to the broad patterns of the
27 City’s history; or
28
b.
29 Association with the lives of persons
30 significant in the City’s past; or
31
c.
32 Embodies the distinctive characteristics of a
33 type, period or method of construction, or
34 represents the work of a master, or possesses high
35 artistic values, or represents a significant and
36 distinguishable entity whose components may lack
37 individual distinction;
38
d.
39 Has yielded, or may be likely to yield,
40 information important in prehistory or history; or
41
e.
42 Is listed in the National Register of Historic
43 Places.
44
2. Criteria Considerations.
45 Ordinarily cemeteries,
46 birthplaces, graves of historical figures, properties owned
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1 by religious institutions or used for religious purposes,
2 structures that have been moved from their original
3 locations, reconstructed historic buildings, properties
4 primarily commemorative in nature, and properties that
5 have achieved significance within the past 50 years shall
6 not be considered eligible for the Boynton Beach Register
7 of Historic Places. However, such properties will qualify if
8 they are integral parts of districts that do meet the criteria
9 or if they fall within the following categories:
10
a.
11 A religious property deriving primary
12 significance from architectural or artistic distinction
13 or historical importance; or
14
b.
15 A building or structure removed from its
16 original location but which is primarily significant
17 for architectural value, or which is the surviving
18 structure most importantly associated with a historic
19 person or event; or
20
c.
21 A birthplace or grave of a historical figure of
22 outstanding importance if there is no appropriate
23 site or building associated with his or her productive
24 life; or
25
d.
26 A cemetery that derives its primary
27 importance from graves of persons of transcendent
28 importance, from age, from distinctive design
29 features, or from association with historic events; or
30
e.
31 A reconstructed building when accurately
32 executed in a suitable environment and presented in
33 a dignified manner as part of a restoration master
34 plan, and when no other building or structure with
35 the same association has survived; or
36
f.
37 A property primarily commemorative in
38 intent if design, age, tradition, or symbolic value
39 has invested it with its own exceptional
40 significance; or
41
g.
42 A property achieving significance within the
43 past 50 years if it is of exceptional importance.
44
3. Procedures.
45
46
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a. Eligible Applicants.
1 Applications for
2 historic designation may be initiated by only the
3 following:
4
5 (1) Historic Resources Preservation
6 Board, herein referred to as “Board” (see
7 Chapter 1, Article VII, Section 4).
8
9 (2) City Commission.
10
11 (3) A property owner for designation of
12 a Site.
13
14 (4) A simple majority of property
15 owners within the proposed District under
16 consideration for designation.
17
18 Only the Board or the City Commission may
19 initiate designation of a property or district
20 owned by the City, County, State or by an
21 entity created by state law. For District
22 designations, each Property shall be allotted
23 one vote. The identity of the property
24 owners shall be determined by the most
25 current Palm Beach County Property Tax
26 Rolls.
27
b. Application Form.
28 Nominations for
29 historic designations shall be made only on
30 application forms approved by the Board.
31
c. Board Agenda.
32 Following staff
33 determination that an application for designation is
34 complete; the application shall be scheduled for a
35 public hearing by the Board.
36
d. Board Public Hearing Notice.
37 The
38 Board shall advertise and hold a public hearing in
39 accordance with the following public noticing
40 requirements.
41
42 Notice of the time, place and subject matter of the
43 hearing shall be mailed to the applicant and mailed
44 to any owner of real property within 400 feet of the
45 property or district subject to potential designation,
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1 at least 10 calendar days prior to the date set for the
2 public hearing.
3
4 For the proposed designation of an individual site,
5 one (1) sign for each street frontage of the property
6 shall be posted in a prominent location no less than
7 10 calendar days prior to the hearing. In the case of
8 a proposed historic district, signs will be placed in
9 prominent locations along public streets at the outer
10 boundaries of the proposed district in such a manner
11 as will assure that the signs will be seen by as many
12 affected property owners as possible. Signs shall be
13 legible from a distance of 100 feet and shall contain
14 a description of the approval being sought, the date,
15 time and location of the hearing, and a statement
16 that the application being considered is available for
17 inspection in the Development Department of the
18 City of Boynton Beach. Minimum sign size shall be
19 24” wide by 18” high.
20
e. No Action Permitted During Pendency.
21
22 During the period that a designation
23 application is pending, no changes to the property
24 or district shall be made unless first approved by the
25 Board. The application is considered “pending”
26 until the final decision on the designation is made
27 by the City Commission.
28
f. Board Recommendations.
29 The Board
30 shall make a recommendation as to the proposed
31 designation at the public hearing, based on findings
32 of fact which support the recommendation. The
33 Board’s recommendation shall be reduced to
34 writing within 15 working days after the hearing
35 date. If the Board votes to recommend approval, it
36 will forward the application with recommendations
37 to the City Commission. If the Board recommends
38 denial, no further action is required unless an
39 applicant, or not less than two-thirds of the affected
40 property owners (in the case of a District), appeals
41 to the City Commission. In such event the City
42 Commission may reconsider designation or require
43 the Board to do so.
44
g. City Commission Decision.
45 Following the
46 Board hearing, a designation application with a
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1 Board recommendation for approval shall be
2 scheduled for hearing by the City Commission. The
3 City Commission may approve or deny the
4 designation application. Alternatively, the City
5 Commission may approve the designation with
6 conditions or delay designation for up to one (1)
7 year. The City commission shall make written
8 findings of fact on which its decision is based.
9
h. Boynton Beach Register of Historic
10
Places.
11 A Resource designated by the City
12 Commission as historic shall be listed in the
13 Boynton Beach Register of Historic Places. The
14 Register shall be updated periodically and the
15 inventory material will be open to the public.
16 Inventory materials shall be compatible with the
17 Florida Master Site File and duplicates of all
18 inventory materials will be provided to the State
19 Historic Preservation Office. Resources listed in, or
20 eligible for listing in the National Register or on the
21 Boynton Beach Register of Historic Places, either as
22 a Property or as a Contributing Property within a
23 District, may be entitled to modified enforcement of
24 the City’s applicable building and zoning codes, if
25 in accord with the Design Guidelines Handbook.
26
i. Designation Recorded.
27 The historic
28 designation ordinance shall be recorded in the
29 Official Records of Palm Beach County.
30 Boundaries for historic districts and individual
31 properties identified in the ordinance shall be
32 clearly established. The designation shall be noted
33 in the official records of the City’s Planning &
34 Zoning and Building Departments to ensure that all
35 City actions taken in connection with the subject
36 property or district are taken subject to the
37 designation.
38
j. Historic District Street Signs.
39 For
40 Districts, the City shall erect standardized street
41 signs identifying the District within two (2) years
42 from the date of such designation, subject to
43 economic feasibility. The design shall be first
44 approved by the Board.
45
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4. Removal of Designation.
1 A designation may be
2 removed by the City Commission based upon the Board’s
3 recommendation. Such recommendation shall be based
4 upon new and compelling evidence and evaluation of work
5 or natural cause producing an adverse effect to a Property
6 or District. The same guidelines and the same procedures
7 established for designation shall be considered for a
8 removal of designation.
9
5. Designation of County, State or Other Political
10
Subdivision Properties.
11 County, state or political
12 subdivision entity-owned Properties may be designated as a
13 Property or District if such designation is not prohibited or
14 preempted by law, or otherwise provided for in the
15 Intergovernmental Coordination Element of the
16 Comprehensive Plan. In the absence of prohibition,
17 preemption, or other agreement, such other government
18 may only avoid designation of its Property by bearing the
19 burden of proof that public interests, on balance, are best
20 served by avoiding such designation. Such determination
21 shall be established by the process as set forth in this
22 ordinance. Once designated, unless reversed upon appeal,
23 such designated Property or District shall comply with and
24 be regulated by all regulations contained in this ordinance.
25
6. Maintenance and Repair of Designated
26
Properties; Demolition by Neglect Prohibited.
27
28
a. Ordinary Maintenance or Repair.
29
30 Nothing in this chapter shall be construed to
31 prevent the ordinary maintenance or repair of any
32 exterior elements of any building or structure that
33 does not involve a change of design, appearance or
34 material, and which does not require a building
35 permit.
36
b. Affirmative Maintenance Required.
37
38 The owner of a property designated pursuant
39 to this chapter either individually or as part of a
40 district or zone shall comply with all applicable
41 codes, laws and regulations governing the
42 maintenance of property. It is the intent of this
43 section to preserve from deliberate or inadvertent
44 neglect the exterior features of such properties and
45 the interior portions thereof when maintenance is
46 necessary to prevent deterioration and decay of the
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1 property. All such properties shall be preserved
2 against decay and deterioration and shall be free
3 from structural defects though prompt corrections of
4 any of the following defects:
5
6 (1) Facades that fall and injure the
7 subject property, adjoining property or
8 members of the public;
9
10 (2) Deteriorated or inadequate
11 foundations, defective or deteriorated
12 flooring or floor supports, deteriorated walls
13 or other vertical structural supports;
14
15 (3) Members of ceilings, roofs ceiling
16 and roof supports or other structural
17 members that may rot, sag, split or buckle
18 due to defective material or deterioration;
19
20 (4) Deteriorated or ineffective
21 waterproofing of exterior walls, roofs,
22 foundations or floors, including broken,
23 unsecured or missing windows or doors.
24
25 (5) Any fault or defect in the property
26 that renders it structurally unsafe,
27 insufficiently protected from weathering, or
28 not properly watertight.
29
7. Nominations to the National Register of Historic
30
Places.
31 As part of the duties under the Certified Local
32 Government program, the Historic Resources Preservation
33 Board shall receive all nominations of local property to the
34 National Register of Historic Places following the
35 regulations of the State Historic Preservation Office.
36
a.
37 Appropriate local officials, owners of
38 record, and applicants shall be given a minimum of
39 thirty calendar days and not more than seventy-five
40 calendar days prior notice to Historic Resources
41 Preservation Board meetings in which to comment
42 on or object to the listing of a property in the
43 National Register.
44
b.
45 Objections to being listed in the National
46 Register by property owners must be notarized and
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1 filed with the State Historic Preservation Officer.
2 Within thirty (30) days after its meeting the Board
3 shall forward to the State Historic Preservation
4 Officer its action on the nomination and the
5 recommendations of the local officials. Appropriate
6 local officials, the owner and the applicant shall be
7 notified of the board's action.
8
c.
9 The State Historic Preservation Officer will
10 take further steps on the nomination in accordance
11 with federal and state regulations. If either the
12 Board or the local officials or both support the
13 nomination, the State Historic Preservation Officer
14 will schedule the nomination for consideration by
15 the state review board for the National Register at
16 its next regular meeting. If both the Board and the
17 local officials recommend that a property not be
18 nominated to the National Register, the State
19 Historic Preservation Officer will take no further
20 action on the nomination unless an appeal is filed
21 with the State Historic Preservation Officer.
22
8. Designated Historic Sites.
23 The following
24 Historic Sites have been established:
25
a. National Register.
26
27
28 (1) Boynton Woman’s Club, 1010 South
29 Federal Highway, located on Lots 4, 5, 6,
30 and 7 less the West 35 feet thereof, Parker
31 Estate, according to the plat thereof recorded
32 in Plat Book 10, Page 37 of the Public
33 records of Palm Beach County, Florida.
34 (Published 4/26/1979).
35
36 (2) Boynton School, 141 East Ocean
37 Avenue, located on Lot 3, Block 4 of
38 Sawyer’s Addition, City of Boynton Beach,
39 Florida. (Published 3/7/1994).
40
D. Certificate of Appropriateness.
41 The Board or staff
42 shall review actions affecting the exterior of Properties and all
43 Resources, including non-contributing Properties, within Districts.
44
1. Board Approval Required.
45
46
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a. Board Approval.
1 Utilizing the Design
2 Guidelines Handbook, the Board reviews
3 applications for Certificates of Appropriateness for
4 alterations, new construction, demolitions,
5 relocations, and Certificates of Economic Hardship
6 affecting proposed or designated Properties or
7 Properties within Districts.
8
b. Delegation of Review Authority.
9 The
10 Board may delegate to staff the authority to
11 administratively review and grant a Certificate of
12 Appropriateness without formal action by the
13 Board. This delegation of review shall be depicted
14 in a “Historic Resources Preservation Board
15 Certificate of Appropriateness Approval Matrix”
16 (the “Matrix”). The Matrix will contain a list of
17 design features, such as roofing materials, window
18 types, shutter types, etc. The Matrix will indicate
19 whether such features may be administratively
20 reviewed or if Board review is required. The Board
21 shall approve or amend the “Historic Resources
22 Preservation Board Certificate of Appropriateness
23 Approval Matrix” as needed. This delegation of
24 review may also be returned to the Board at its
25 discretion. In conducting its reviews, staff will
26 utilize the Design Guidelines Handbook as one
27 analytical tool in evaluating any applications.
28
29 If staff does not grant administrative approval of an
30 application, the application may be referred to the
31 Board for review. Any applicant may request
32 referral to the Board rather than administrative
33 review. An application referred by staff or an
34 applicant will be considered in accordance with the
35 application review schedule contained in Section
36 2.b. below.
37
2. Application Procedure, Fees and Review.
38
39
a. Application and Fees.
40 Requests for
41 Certificates of Appropriateness shall be made only
42 on application forms approved by the Board.
43 Submittal of the application must be made with the
44 appropriate site plans, drawings, photographs,
45 descriptions, and other documentation needed to
46 provide staff and the Board with a clear
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1 understanding of the proposed action. Application
2 fees and other applicable charges shall be
3 established by resolution adopted by the City
4 Commission.
5
b. Completeness Review and Board Agenda.
6
7 Staff shall review all applications for
8 Certificates of Appropriateness to determine
9 whether an application is complete. If the
10 application is incomplete, staff will notify the
11 applicant of what additional information is
12 necessary. An application will not be reviewed until
13 staff determines that it is complete.
14
15 All Certificate of Appropriateness applications
16 eligible for administrative review will be reviewed
17 in a timely manner and a written decision sent to the
18 applicant. All Certificate of Appropriateness
19 applications requiring Board review will be
20 scheduled for hearing by the Board at the first
21 available meeting approximately six weeks after
22 receipt of the completed application. The meeting
23 shall be publicly announced and will have a
24 previously advertised agenda. The Board may
25 suspend action on the application for a period not to
26 exceed thirty days in order to seek technical advice
27 from outside its members or to meet further with the
28 applicant to revise or modify the application.
29
c. Secretary of the Interior’s Standards for
30
Rehabilitation.
31 In reviewing an application,
32 the Secretary of the Interior’s Standards for
33 Rehabilitation (as may be amended from time to
34 time) shall be applied. The current version is as
35 follows:
36
37 (1) A Property shall be used for its
38 historic purpose or be placed in a new use
39 that requires minimal change to the defining
40 characteristics of the Building and its site an
41 environment.
42
43 (2) The historic character of a Property
44 shall be retained and preserved. The removal
45 of historic materials or alteration of features
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1 and spaces that characterize a Property shall
2 be avoided.
3
4 (3) Each Property shall be recognized as
5 a physical record of its time, place, and use.
6 Changes that create a false sense of
7 historical development, such as adding
8 conjectural features or architectural elements
9 from other buildings, shall not be
10 undertaken.
11
12 (4) Most Properties change over time;
13 those changes that have acquired historic
14 significance in their own right shall be
15 retained and preserved.
16
17 (5) Distinctive features, finishes, and
18 construction techniques or examples of
19 craftsmanship that characterize a property
20 shall be preserved.
21
22 (6) Deteriorated historic features shall be
23 repaired rather than replaced. Where the
24 severity of deterioration requires
25 replacement of a distinctive feature, the new
26 feature shall match the old in design, color,
27 texture, and other visual qualities and, where
28 possible, materials. Replacement of missing
29 features shall be substantiated by
30 documentary, physical, or pictorial
31 evidence.
32
33 (7) Chemical or physical treatments,
34 such as sandblasting, that cause damage to
35 historic materials shall not be used. The
36 surface cleaning of Structures, if
37 appropriate, shall be undertaken using the
38 gentlest means possible.
39
40 (8) Significant archaeological resources
41 affected by a project shall be protected and
42 preserved. If such resources must be
43 disturbed, mitigation measures shall be
44 undertaken.
45
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1 (9) New additions, exterior Alterations,
2 or related new construction shall not destroy
3 historic materials that characterize the
4 Property. The new work shall be
5 differentiated from the old and shall be
6 compatible with the massing, size, scale, and
7 architectural features to protect the historic
8 integrity of the Property and its
9 environment.
10
11 (10) New additions and adjacent or
12 related new construction shall be undertaken
13 in such a manner that if removed in the
14 future, the essential form and integrity of the
15 historic Property and its environment would
16 be unimpaired.
17
d. Additional Criteria.
18 The above Standards
19 for Rehabilitation shall be supplemented by the
20 following criteria specific to certain types of
21 requests:
22
23 (1) New Construction and Alterations.
24 All new construction and Alterations
25 to existing buildings within a designated
26 historic district or on an individually
27 designated property shall be visually
28 compatible, and meet the following
29 guidelines.
30
31 (a) Setting, Orientation and
32 Setbacks. The Building should
33 be situated approximately the same
34 distance from the street as adjacent
35 Buildings, to create a continuous
36 street edge. The orientation of the
37 Building should be visually
38 compatible with that of the buildings
39 in the Historic District. The Setting
40 should be designed with the overall
41 environment in mind. It should take
42 into account the compatibility of
43 landscaping, parking, service areas,
44 walkways, and accessory structures.
45
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1 (b) Building Height. The
2 height of the Building at street level
3 should be visually compatible in
4 comparison or relation to the height
5 of the existing contributing buildings
6 in the Historic District.
7
8 (c) Design Styles. New
9 Buildings should take their design
10 cues from the prevailing architectural
11 styles within the Historic District.
12 Traditional or contemporary design
13 standards and elements should relate
14 to the existing styles.
15
16 (d) Proportion of Openings.
17 The openings of any building
18 within a Historic District should be
19 visually compatible with the
20 openings in existing contributing
21 buildings within the Historic District.
22 The relationship of the width of
23 windows and doors to the height of
24 windows and doors should be
25 visually compatible with the existing
26 contributing buildings within the
27 Historic District.
28
29 (e) Rhythm of Solids to Voids.
30 The relationship between
31 solids (walls) and voids (windows
32 and doors) of a Building should be
33 visually compatible with the
34 Surrounding Buildings.
35
36 (f) Rhythm of Spacing along the
37 Street. The relationship of Buildings
38 to the open space between them
39 should be compatible with the other
40 Buildings on each side of the street
41 in that block.
42
43 (g) Relationship of Materials and
44 Textures. The materials and
45 textures of a Building should be
46 chosen with the predominant
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1 materials of the Historic District in
2 mind. Simplicity in such use is
3 preferable.
4
5 (h) Roof Shapes. The roof shape
6 of a Building is a major
7 distinguishing feature. The roof
8 shape of a Building should be
9 compatible with the roof shape of
10 existing contributing buildings
11 within the Historic District. The roof
12 shape shall be consistent with the
13 architectural style of the Building.
14
15 (i) Size, Scale, Bulk, Mass and
16 Volume. The physical size,
17 scale, bulk, mass and volume should
18 be compatible with the existing
19 contributing buildings within the
20 Historic District without
21 overwhelming them.
22
23 (2)Additions. All additions to
24 historic structures or structures
25 within a Historic District shall meet
26 the following guidelines.
27
28 (a) Locate an addition to the rear
29 or least visible sides of historic
30 structures. Locating an addition on
31 the front elevation should be
32 avoided.
33
34 (b) Minimize the loss of historic
35 materials from the historic structure
36 and protect character-defining
37 features.
38
39 (c) Design the addition to be
40 compatible in terms of massing, size,
41 scale, relationship of solids to voids,
42 and architectural features. An
43 addition should be subordinate to the
44 historic building.
45
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1 (d) Differentiate the addition
2 from the historic structure.
3
4 (e) If permitted, rooftop
5 additions should generally be limited
6 to one story in height, should be set
7 back from the wall plane and should
8 be as inconspicuous as possible.
9
10 (f) Continue the design elements
11 on all elevations of the new
12 construction, not only those
13 elevations that can be viewed from
14 the street.
15
16 (g) Design and construct the
17 addition so that, if removed in the
18 future, the essential form and
19 integrity of the historic structure will
20 be unimpaired.
21
22 (h) Limit the size and number of
23 openings between the old and new
24 building by utilizing existing doors
25 or by enlarging existing windows.
26
27 (3) Demolition. All demolitions of
28 historic structures within a Historic District
29 shall comply with the following:
30
31 (a) Simultaneous certificates
32 required. No Building or
33 Structure on a Property or located
34 within a District shall be demolished
35 without first receiving a Certificate
36 of Appropriateness for new
37 construction. The applications for
38 demolition and new construction
39 shall be reviewed by the Board
40 simultaneously. The requirement of a
41 Certificate of Appropriateness for
42 new construction may be waived by
43 the Board upon a good cause
44 showing that such requirement
45 would be unduly harsh or would
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1 result in a substantial hardship to the
2 Property owner.
3
4 A showing of good cause may
5 include, but is not limited to,
6 evidence that the Property owner is
7 unable to comply with the
8 requirement for simultaneous new
9 construction due to advanced age,
10 infirmity, physical or other
11 debilitating handicap, or financial
12 hardship.
13
14 If an application for Certificate of
15 Appropriateness for Demolition is
16 approved, the owner shall, at his/her
17 expense, fully record the building
18 prior to Demolition. At a minimum,
19 the owner shall provide an
20 architectural description, floor plan
21 with interior and exterior
22 dimensions, interior and exterior
23 photographs, and any other
24 information requested by the Board.
25 Said record shall be deposited in the
26 local archives, where it will be made
27 available to the public.
28
29 Upon approval by the Board of a
30 Certificate of Appropriateness for
31 Demolition, the demolition permit
32 shall not be issued until all
33 demolition and new construction
34 plans for the Property have received
35 all other required governmental
36 approvals.
37
38 The existence of one or more of the
39 following conditions may be the
40 basis for denial of a demolition
41 application:
42
43 (i) The Resource
44 contributes significantly to
45 the historic character of a
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1 designated Property or
2 District.
3
4 (ii) The Resource is listed
5 on the National Register.
6
7 (iii) The Resource is one
8 of the last remaining
9 examples of its kind in the
10 neighborhood or City.
11
12 (iv) The Resource is
13 capable of being repaired and
14 reused in a practical and
15 feasible manner.
16
17 (v) Retention of the
18 Resource would promote the
19 general welfare of the City by
20 providing an opportunity to
21 study local history,
22 architecture and design, or by
23 developing an understanding
24 of the importance and value
25 of a particular culture or
26 heritage.
27
28 (vi) Granting a Certificate
29 of Appropriateness for the
30 Demolition would result in an
31 irreparable loss to the City of
32 a significant Resource.
33
34 (vii) The plans for the
35 simultaneous new
36 construction (if the
37 Demolition is granted) are
38 not compatible with the
39 Property or District.
40
41 (b) Demolition Delay Period.
42 The Board may grant a
43 Certificate of Appropriateness for
44 Demolition which may contain a
45 delayed effective date. The effective
46 date will be determined by the Board
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1 based on the relative significance of
2 the Resource and the probable time
3 required to arrange a possible
4 alternative to demolition. The Board
5 may delay demolition for up to three
6 (3) months. During the demolition
7 delay period, the Board may take
8 such steps as it deems necessary to
9 preserve the Resource. Such steps
10 may include, but are not limited to:
11 consultations with community
12 groups, public agencies and
13 interested citizens; recommendations
14 for acquisition of the Property by
15 public or private bodies, or agencies;
16 an exploration of the possibility of
17 moving the Resource.
18
19 (c) Salvage and Preservation of
20 Specific Features. The Board
21 may require the Property owner to
22 salvage and preserve specified
23 classes of building materials,
24 architectural details, ornaments,
25 fixtures and the like.
26
27 (d) Authority to Initiate
28 Designation. If an undesignated
29 property warrants it and it is
30 otherwise authorized under this
31 ordinance, staff may initiate, or
32 recommend that the Board initiate,
33 the designation application and
34 review process. Staff may further
35 request that the Board require that
36 the issuance of a demolition permit
37 be stayed pending the Board’s
38 review of the application and the
39 City Commission’s decision to
40 designate or deny designation of the
41 property. However, the maximum
42 period during which the issuance of a
43 demolition permit may be stayed
44 pursuant to this paragraph is one
45 hundred twenty (120) days, unless
46 extended by the City Commission.
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1
2 (4) Relocation. The existence of one
3 or more of the following conditions may be
4 the basis for denial of a relocation
5 application:
6
7 (a) The historic character or
8 aesthetic interest of the Resource
9 contributes to its present setting in
10 such a manner that relocation would
11 result in a substantial loss to the
12 setting or District.
13
14 (b) There are no definite plans
15 for the area to be vacated.
16
17 (c) There are definite plans for
18 the area to be vacated that may
19 adversely affect the character of the
20 District.
21
22 (d) The Resource cannot be
23 moved without significant damage to
24 its physical integrity.
25
26 (e) The proposed relocation area
27 is not compatible with the historic,
28 cultural, and architectural character
29 of the Resource.
30
31 (f) Little or no effort has been
32 made to consider relocation within
33 the same District or within another
34 District with compatible historic,
35 aesthetic, cultural, or design qualities
36 with the relocated Resource.
37
e. Decisions.
38 Decisions regarding
39 application for Certificates of Appropriateness shall
40 be based on the application, the application’s
41 compliance with this Ordinance, and the evidence
42 and testimony presented in connection with the
43 application.
44
45 In reviewing an application, staff and the Board
46 shall be aware of the importance of finding a way to
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1 meet the current needs of the property owner. The
2 Staff and the Board shall also recognize the
3 importance of recommending approval of plans that
4 will be reasonable for the property owner to carry
5 out. Any conditions or requirements imposed shall
6 be reasonably related to the Certificate of
7 Appropriateness sought by the applicant.
8
f. Notice of Decision on Application.
9 Staff
10 shall notify the applicant in writing of any decision
11 on the application with five (5) working days from
12 the date of the decision.
13
g. Changes in Approved Work.
14 Any
15 change in the proposed work following the issuance
16 of a Certificate of Appropriateness shall be
17 reviewed by staff. If the proposed change does not
18 materially affect the historic character or the
19 proposed change is in accordance with the Board’s
20 decision, staff may administratively approve the
21 change. If the proposed change is not in accordance
22 with the Board’s decision, a new Certificate of
23 Appropriateness application for such change must
24 be submitted for review.
25
E. Certificate of Economic Hardship.
26 Prior to taking an
27 appeal of a decision to the City Commission on an application for
28 Certificate of Appropriateness, an applicant may file an application
29 for a Certificate of Economic Hardship.
30
1. Application and Procedures.
31
32
a. Application.
33 A Certificate of Economic
34 Hardship application must be submitted within 30
35 days of the date of the hearing at which the Board’s
36 decision on the application is announced.
37
b. Board Agenda and Notice.
38 The Board
39 shall schedule a public hearing within 60 working
40 days from the receipt of the application and shall
41 provide notice of such hearing in the same manner
42 as for the Certificate of Appropriateness
43 application.
44
c. Negotiations Prior to Certificate of
45
Economic Hardship Hearing.
46 During the
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1 period between receipt of the Certificate of
2 Economic Hardship application and the Board’s
3 public hearing, the applicant shall discuss the
4 proposed action with staff, other City officials and
5 local preservation organizations to consider
6 alternatives that will avoid an economic hardship
7 and have the least adverse effect to the Property
8 and/or the District. Staff may request information
9 from various City departments and other agencies in
10 order to negotiate an alternative resolution that is in
11 the best interest of the applicant and the City. If
12 negotiations are successful, staff shall make written
13 recommendations to the Board regarding such
14 alternatives.
15
d. Determination of Economic Hardship.
16
17 The applicant has the burden of proving by
18 competent substantial evidence that the Board’s
19 decision regarding the Certificate of
20 Appropriateness application has caused or will
21 cause an unreasonable economic hardship. To
22 determine economic hardship, the Board may
23 request the following:
24
25 (1) Proposed construction, alteration,
26 demolition and removal costs;
27
28 (2) structural and condition reports from
29 a licensed professional with experience in
30 assessing historic buildings;
31
32 (3) estimates as to the economic
33 feasibility of rehabilitation or reuse;
34
35 (4) the purchase price of the property,
36 recent appraisals, assessments, and real
37 estate taxes;
38
39 (5) details of any income obtained from
40 the property and cash flows;
41
42 (6) the status of any leases or rentals;
43 and
44
45 (7) all other information considered
46 necessary by the Board to determine
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1 whether the property does or may yield a
2 reasonable return to the owner.
3
4 The effect of denial of the application for Certificate
5 of Economic Hardship is that the decision regarding
6 the Certificate of Appropriateness is upheld. If the
7 application for Certificate of Economic Hardship is
8 granted, the Board may issue the Certificate of
9 Economic Hardship without conditions.
10 Alternatively, the Board may issue the Certificate
11 with conditions that will avoid the economic
12 hardship and have the least adverse effect to the
13 Property and the District.
14
15 Such conditions may include, but are not limited to:
16 ad valorem tax relief, loans or grants, requiring the
17 owner to market and offer the Property for sale for a
18 fair market price with appropriate preservation
19 protections for a period of time not to exceed six (6)
20 months, acquisition by a third party for a fair market
21 value, Building and Zoning Code modifications,
22 relaxation of the provisions of this ordinance,
23 recommendation by the City Manager some or all of
24 the applicable Board fees be waived, or such other
25 relief as appropriate.
26
F. Appeal of Certificate of Appropriateness and
27
Certificate of Economic Hardship Decisions.
28 Any applicant
29 may appeal a decision of the Board to the City Commission
30 regarding an application for Certificate of Appropriateness and/or
31 an application for Certificate of Economic Hardship. The
32 applicant shall file a written notice of the appeal with staff within
33 30 days of the date of the hearing at which the Board’s decision on
34 the application is announced. The City Commission shall place the
35 matter on the Commission’s agenda within 45 working days from
36 the date of the written notice of appeal. The meeting at which the
37 appeal is placed on the agenda shall be no later than 60 working
38 days from the date of the written notice of appeal.
39
40 Consideration of the appeal by the City Commission shall be de
41 novo review. The City Commission shall be required to apply the
42 applicable standards and criteria set forth in this ordinance.
43
44 A decision of the City Commission may be appealed to a court of
45 competent jurisdiction within thirty (30) days after the hearing at
46 which the decision is announced.
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1
G. Enforcement and Penalties.
2 The City or any other legal
3 authority shall enforce any violation of this article pursuant to the
4 penalty provisions contained in Chapter 1, Article I, Section 7 of
5 these Land Development Regulations.
6
H. Miscellaneous.
7
8
1. Historic Preservation Property Tax Exemption
9
Program.
10 The granting of tax exemptions to owners
11 who make improvements to Historic Properties was
12 authorized by an amendment to the Florida Constitution
13 and codified in Section 196.1997 and 196.1998 Florida
14 Statute (1992). The ad valorem tax exemption program
15 was established by Palm Beach County in 1995 (Ordinance
16 95-41), and may be implemented in the City through an
17 interlocal agreement with the County and a local Tax
18 Abatement Exemption ordinance. The Tax Abatement
19 Exemption Ordinance authorizes granting exemptions from
20 increases to ad valorem taxes for qualified improvements to
21 qualifying properties.
22
23 Exemptions for Historic Properties are intended for the
24 physical improvements necessary to Restore or Rehabilitate
25 the Historic Resource, which may include additions,
26 Alterations and new construction. The improvements must
27 comply with the Secretary of the Interior’s Standards for
28 Rehabilitation.
29
30 The City and County will process the application following
31 mutually established procedures through both the City and
32 County Commissions. This program will provide an
33 exemption from tax increases on the improvements to the
34 Property for up to a 10 year period. The exemption is
35 conveyed through a covenant that accompanies the deed of
36 the Property and may be transferred to future owners
37 during the abatement period.
38
1A. Tax Exemption for Historic Properties
39
40
a. Definitions.
41
42
43 (1) Alteration. Any construction or
44 change of the exterior of a building, site, or
45 structure designated as a site or site within a
46 district. For buildings, sites, or structures,
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1 alteration shall include, but is not limited to
2 the changing of roofing or siding materials;
3 changing, eliminating, or adding doors,
4 moldings, fretwork, door frames, windows,
5 window frames, shutters, fences, railings,
6 porches, balconies, signs, or other
7 ornamentation; regrading; fill; imploding or
8 other use of dynamite. Alteration shall not
9 include ordinary repair or maintenance, or
10 changing of paint color.
11
12 (2) Noncontributing Property. A
13 building, site, structure, or object which
14 does not add to the historic architectural
15 qualities, historic associations, or
16 archaeological values for which a district is
17 significant because 1) it was not present
18 during the period of significance; 2) due to
19 alterations, disturbances, additions, or other
20 changes, it no longer possess historic
21 integrity reflecting its character at that time
22 or is incapable of yielding important
23 information about the period; or 3) it does
24 not independently meet the National
25 Register of Historic Places criteria for
26 evaluation.
27
28 (3) Notice. To an Interested Party,
29 notice shall be by U.S. Mail and deemed
30 given as of the date of mailing. For all other
31 persons, notice shall be by publication.
32
b. Tax Exemption for Historic Properties.
33
34
35 (1) The City Commission hereby creates
36 a tax exemption for the restoration,
37 renovation or rehabilitation of qualifying
38 historic properties designated herein.
39 Qualifying property shall be exempt from
40 that portion of ad valorem taxation levied by
41 the City on one hundred percent (100%) of
42 the increase in assessed value resulting from
43 any renovation, restoration or rehabilitation
44 of the qualifying property made on or after
45 the effective date of this ordinance.
46
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1 (2) The above exemption does not apply
2 to:
3
4 (a) Taxes levied for payment of
5 bonds;
6
7 (b) Taxes authorized by a vote of
8 the electors pursuant to section 9(b)
9 or section 12, Article VII, of the
10 Florida Constitution; or
11
12 (c) Personal property.
13
c. Qualifying Properties and Improvements.
14
15
16 (1) The following real property in the
17 City is qualifying property for the purposes
18 of this subsection if at the time the
19 exemption is approved by the City
20 Commission, the property:
21
22 (a) Is individually listed in the
23 National Register of Historic Places
24 pursuant to the National Historic
25 Preservation Act of 1966, as
26 amended; or
27
28 (b) Is a contributing property to a
29 national register-listed district; or
30
31 (c) Is designated as a historic
32 property, or as a contributing
33 property to a historic district, under
34 the terms of the City's historic
35 preservation ordinance; and
36
37 (d) Has been certified by the
38 Board as satisfying subparagraphs
39 (1)(a), (1)(b), or (1)(c) above.
40
41 The exemption does not apply to
42 improvements made to non-contributing
43 principal buildings or non-contributing
44 accessory structures.
45
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1 (2) For an improvement to a historic
2 property to qualify the property for an
3 exemption, the improvement must:
4
5 (a) Be consistent with the United
6 States Secretary of Interior's
7 Standards for Rehabilitation, as
8 amended,
9
10 (b) Be determined by the Board
11 to meet criteria established in rules
12 adopted by the Department of State,
13 Division of Historical Resources,
14 FAC lA-38, as amended, and
15
16 (c) Be consistent with any
17 ordinance of the city designating the
18 property as historic or designating
19 the historic district in which the
20 property is located.
21
d. Evaluation of Property Used for
22
Government or Nonprofit Purpose.
23
24 Pursuant to Title XIV, Chapter 196.1998,
25 Florida Statutes, which allows for exemption from
26 ad valorem taxation of up to one hundred percent
27 (100%) of the assessed value of the property as
28 improved, a property is being used for government
29 or nonprofit purposes if the sole occupant of at least
30 sixty-five percent (65%) of the useable space is an
31 agency of the federal, state or a local government
32 unit or a nonprofit organization certified by the
33 Department of State under Chapter 617.013, Florida
34 Statutes. As for being “regularly and frequently
35 open” for public access, the property shall be open
36 to the public not less than twelve (12) days per year
37 on an equitably spaced basis, and at other times by
38 appointment. Nothing herein shall prohibit the
39 owner from charging a reasonable
40 nondiscriminatory admission fee, comparable to
41 fees charged at similar facilities in the area.
42
e. Application for Exemption; Fees.
43 An
44 applicant desiring an ad valorem tax exemption for
45 proposed improvements to a historic property must
46 file a request accompanied by its corresponding fee
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1 and all documentation required by the application
2 checklist. The request shall be made on the two-
3 part Historic Preservation Property Tax Exemption
4 Application, approved by the State of Florida,
5 Division of Historical Resources and promulgated
6 in accordance with Rule 1A-38, Florida
7 Administrative Code, and include additional
8 information and documentation of the cost of the
9 qualifying improvement. Part 1 of the application,
10 the Preconstruction Application, shall be submitted
11 before qualifying improvements are initiated and
12 Part 2, the Final Application/ Request for Review of
13 Completed Work, shall be submitted to the City for
14 review upon completion of the qualifying
15 improvements. The Final Application/Request for
16 Review of completed Work shall contain the
17 Historic Preservation Exemption Covenant as
18 established by the Department of State, Division of
19 Historical Resources and applicable for the term for
20 which the exemption is granted.
21
f.Preconstruction Application.
22 The
23 review process shall be initiated with the submittal
24 of a Preconstruction Application to the City. The
25 Preconstruction Application shall contain a copy of
26 the application for Certificate of Appropriateness,
27 information on project cost, and a copy of the most
28 recent tax bill for the subject property from the
29 Palm Beach County Property Appraiser. Upon the
30 receipt of the Preconstruction Application by the
31 City, the City shall conduct a review for eligibility
32 in accordance with the requirements stated herein.
33
g.Review of Preconstruction Application.
34
35 A review of the Preconstruction Application
36 shall be completed by the City in accordance with
37 the established schedule and process.
38
39 (1) Once the City determines that the
40 work as proposed is a qualifying
41 improvement and is in compliance with the
42 review standards contained herein, the City
43 shall approve the Preconstruction
44 Application and issue a written notice to the
45 applicant with a copy to the Board.
46
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1 (2) If the City determines that the work
2 as proposed is not a qualifying improvement
3 or is not in compliance with the review
4 standards contained herein, a written notice
5 shall be provided to the applicant, including
6 recommendations concerning the changes to
7 the proposed work necessary to make it a
8 qualifying improvement and bring it into
9 compliance with the review standards.
10
h. Appeals to the Historic Resources
11
Preservation Board.
12
13
14 (1) Within ten (10) days of receipt of
15 notice that the City has denied a
16 Preconstruction Application, the applicant
17 may file an appeal of the denial to the
18 Board. The appeal shall be filed on a form
19 prepared by the City and processed in
20 accordance with the public meeting and
21 notification procedures required of the
22 City’s quasi-judicial hearing process, except
23 that public notices need only be mailed to
24 owners of abutting properties.
25
26 (2) If the Board denies the appeal, the
27 applicant may appeal the action of the Board
28 to the City Commission.
29
i.Issuance of Other Permits or Approval.
30
31 If all or part of the proposed improvements
32 require a building permit or other necessary
33 approval of the City or any other governmental
34 agency, the improvements shall also be reviewed
35 pursuant to any other applicable code provisions of
36 the City and require such corresponding approval.
37 A Preconstruction Application shall not be
38 approved by the City and issued until such permit or
39 other approvals have been granted.
40
41 No certificate of occupancy or completion shall be
42 issued by the City until the Final Application has
43 been approved by the City Commission and all
44 appeal proceedings have been completed.
45
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j.Completion of Work.
1 An applicant
2 must complete all work within two (2) years
3 following the date of approval of a Part 1,
4 Preconstruction Application by staff. A
5 Preconstruction Application shall be automatically
6 revoked if the property owner has not submitted a
7 Final Application/Request for Review of Completed
8 Work within two (2) years following the date of
9 approval of the Preconstruction Application.
10
11 The Board, upon the recommendation of the City,
12 may extend the time for completion of a substantial
13 improvement in accordance with the procedures of
14 the City's Building Code.
15
k.Final Application and Request for Review
16
of Completed Work.
17
18
19 (1) The Final Application/Request for
20 Review of Completed Work shall be
21 accompanied by documentation of the total
22 cost of the qualifying improvements.
23 Appropriate documentation may include, but
24 is not limited to paid contractor's bills,
25 cancelled checks, and an approved building
26 permit application listing the cost of work to
27 be performed. Upon the receipt of a Final
28 Application/Request for Review of
29 Completed Work and all required supporting
30 documents, the City shall inspect the
31 completed improvements to ensure
32 compliance with the Preconstruction
33 Application, Certificate of Appropriateness,
34 and any approved amendments.
35
36 (2) If the City determines that the work
37 is a qualifying improvement and is in
38 compliance with the review standards
39 contained herein, the Final
40 Application/Request for Review of
41 Completed Work shall be approved and
42 forwarded to the Board for review, and
43 written notice shall be provided to the
44 applicant.
45
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1 (3) If the City determines that the work
2 as completed is not in compliance with the
3 Preconstruction Application or the
4 established timeframe as described in this
5 section, the applicant shall be given written
6 explanation for such findings, including
7 recommendations concerning the changes to
8 the proposed work necessary to make it a
9 qualifying improvement and bring it into
10 compliance with the review standards. The
11 application will be forwarded to the Board
12 for review once the applicant makes the
13 adequate changes necessary for compliance,
14 or upon receiving notice from the applicant
15 that no further changes will be made to the
16 project.
17
18
l.Recommendations to Historic Resources
19
Preservation Board and City Commission.
20
21 On completion of the review of' a Final
22 Application/Request for Review of Completed
23 Work, the City shall present such Final Application
24 in a regularly scheduled meeting of the Board and
25 recommend that such Board grant or deny the
26 exemption. The recommendation and explanation
27 shall be provided in writing to the applicant and
28 Board for consideration at a public meeting. The
29 application, along with a recommendation of
30 approval or denial shall subsequently be forwarded
31 by the Board to the City Commission for final
32 consideration.
33
m. Approval by the City Commission.
34
35 Upon approval of a Final
36 Application/Request for Review of Completed
37 Work by the Board, the Final Application shall be
38 placed by resolution on the agenda of the City
39 Commission for approval. The resolution to
40 approve the Final Application shall indicate the
41 property owner, property address and legal
42 description, time period that exemption will remain
43 in effect and expiration date, and shall require the
44 owner to record the restrictive covenant in the
45 Official Record Book of Palm Beach County. The
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1 applicant shall provide the City with two (2)
2 certified copies of the recorded covenant.
3
n.Notice of Approval to the Property
4
Appraiser.
5 The City shall transmit the following
6 certified copies to the Palm Beach County Property
7 Appraiser: 1) recorded restrictive covenant; 2)
8 approved Final Application/Request for Review of
9 Completed Work; and 3) the resolution of the City
10 Commission approving the Final Application and
11 authorizing the tax exemption.
12
o. Effective Date and Duration of Tax
13
Exemption.
14 When the City Commission approves
15 a historic preservation tax exemption, the covenant
16 shall be in effect for ten (10) years; however, the
17 City Commission has the discretion to approve a
18 shorter time frame if petitioned by the property
19 owner. The effective date of the exemption shall be
20 January 1 of the following year from when the
21 covenant and resolution are recorded with the Palm
22 Beach County Clerk of the Court.
23
p.Property Maintenance, Penalty, and
24
Revocation.
25 The character of the property and
26 qualifying improvements are to be maintained
27 during the period that the exemption is granted.
28 Such covenant shall be binding on the current
29 property owner, transferees, and their heirs, assigns
30 and successors. A violation of the covenant shall
31 result in the revocation of the granted tax
32 exemption, and the property owner being subject to
33 the payment of taxes that would have been owed
34 had the exemption not been initially granted (see
35 subparagraph (2) below). The revocation process
36 shall occur as follows:
37
38 (1) Revocation Proceedings.
39
40 (a) Staff or the Board may
41 initiate proceedings to revoke the ad
42 valorem tax exemption provided
43 herein, in the event the applicant, or
44 subsequent owner or successors in
45 interest to the property, fails to
46 maintain the property according to
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1 the terms and conditions of the
2 covenant;
3
4 (b) The Board shall provide
5 notice to the current owner of record
6 of the property and hold a revocation
7 public hearing, and make a
8 recommendation to the City
9 Commission;
10
11 (c) The City Commission shall
12 review the recommendation of the
13 Board and make a determination as
14 to whether the tax exemption shall be
15 revoked. Should the City
16 Commission determine that the tax
17 exemption shall be revoked, a
18 written resolution revoking the
19 exemption and notice of penalties as
20 provided herein shall be provided to
21 the owner, the Palm Beach County
22 Property Appraiser and filed in the
23 official records of Palm Beach
24 County;
25
26 (d) Upon receipt of the resolution
27 revoking the tax exemption, the Palm
28 Beach County Property Appraiser
29 shall discontinue the tax exemption
30 on the property as of January 1 of the
31 year following receipt of the notice
32 of revocation; and
33
34 (2) Notice of Penalties. The resolution
35 revoking the tax exemption shall include a
36 statement that a penalty equal to the total
37 amount of taxes that would have been due in
38 March of each of the previous years in
39 which the tax exemption and covenant were
40 in effect had the property not received the
41 exemption, less the amount of taxes actually
42 paid in those years, plus interest on the
43 difference calculated as provided in Section
44 212.12, Florida Statutes shall be imposed by
45 the Palm Beach County Tax Collector for
46 violation of the terms, conditions and
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1 standards of the Historic Preservation
2 Exemption Covenant.
3
q.Annual Report.
4 The City shall prepare
5 an annual report to the City Commission regarding
6 the tax exemption proposed in this article. The
7 report shall be filed in January of each calendar
8 year, and shall summarize the activities of the City
9 and Board related to this article during the previous
10 calendar year. The information shall include, but
11 not be limited to, a list of the properties for which a
12 Part 1, Preconstruction Application, and Part 2,
13 Final Application/Request for Review of Completed
14 Work were made during the preceding year; an
15 explanation of the disposition of each application;
16 the expenditures on each approved qualifying
17 improvement during the calendar year; the total
18 number of properties currently participating in the
19 program provided within this article; and any other
20 information requested by the City Commission.
21
2. Certified Local Government Review.
22 The
23 City Commission is a Certified Local Government (CLG)
24 approved by the Florida Department of State, Division of
25 Historical Resources. The City Commission as a CLG is
26 required to participate in the Florida National Register of
27 Historic Places nomination process, be involved in the
28 Section 106 process, and is eligible to receive grants from
29 the Certified Local Government Section of the Florida
30 Department of State, Historical Resources Grants-In-Aid
31 program.
32
3. Unsafe Buildings and Structures.
33 Should the
34 Building Official determine that a Historic Property or a
35 Property within a Historic District is unsafe, the Planning
36 and Zoning staff and Historic Resources Preservation
37 Board shall be notified of such findings. Where reasonably
38 feasible, within applicable laws and regulation, the
39 Building Official shall endeavor to have the Resource
40 repaired rather than demolished and shall take into account
41 any comments and recommendation by the Board. The
42 Board may take appropriate actions to Effect and
43 accomplish the preservation of the Resource, including, but
44 not limited to, negotiations with the owner and other
45 Interested Parties, provided that such actions do not
46 interfere with the Florida Building Codes.
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1
2 In the case where the Building Official determines that
3 there are emergency conditions dangerous to the life, health
4 or property affecting a Historic Property or a Property
5 within a Historic District, and timely Demolition is the only
6 course of action, the Building Official may order the
7 Demolition and notify the Planning and Zoning Division of
8 the impending action. In this instance, a Certificate of
9 Appropriateness will not be required and the Historic
10 Resources Preservation Board will promptly be notified of
11 the action being taken.
12
4. Waiver of Technical Requirements.
13 The
14 provisions of the technical codes relating to the
15 construction, alteration, repair, enlargement, restoration or
16 moving of Buildings may not be mandatory for those
17 Resources listed in the Boynton Beach Register of Historic
18 Places and the National Register of Historic Places, when
19 evaluated by a Florida registered architect or engineer and
20 satisfactorily demonstrated to the Building Official to be
21 safe and in the public interest of health, safety and welfare.
22
23 Resources or portions thereof that do not strictly comply
24 with the Florida Building Code may be considered to be in
25 compliance, if it can be shown to the satisfaction of the
26 Building Official that equivalent protection has been
27 provided or that no hazard will be created or continued
28 through noncompliance. (Life safety and property
29 conservation shall be provided in accordance with Chapter
30 11, Sections 1105 and 1106 of the 2007 Florida Building
31 Code, or as subsequently amended).
32
33 Alterations to Resources listed in the Boynton Beach
34 Register of Historic Places and the National Register of
35 Historic Places may receive exemption from accessibility
36 requirements. (Pursuant to Chapter 11, Section 11-4.1.7 of
37 the 2007 Florida Building Code, or as subsequently
38 amended, the Building Official may determine that
39 compliance for accessible routes (exterior and interior),
40 ramps, entrances, or toilets would threaten or destroy the
41 historic significance of the Building, in which case the
42 alternative requirements in Chapter 11, Section 11-4.1.7(3)
43 may be utilized).
44
5. Administrative and Board Approval of Zoning
45
Code Variances.
46 Alterations to Resources listed in the
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1 Boynton Beach Register of Historic Places and the National
2 Register of Historic Places may receive variances to zoning
3 code regulations, if such regulations would adversely
4 impact or threaten the historic significance of the Resource.
5 The responsibility for review and approval of an
6 application for a variance in association for a Certificate of
7 Appropriateness for Alterations of Resources listed in the
8 Boynton Beach Register of Historic Places and the National
9 Register of Historic Places will rest with staff, unless the
10 corresponding Certificate of Appropriateness requires
11 Historic Resources Preservation Board (HRPB) action, in
12 which case the HRPB will have review and approval
13 responsibility. Such requests for variance shall be made on
14 a separate application, approved by the Board. Said
15 application fee and other applicable charges shall be
16 established by resolution adopted by the City Commission.
17
6. Sustainable Building Practices.
18 The
19 application of sustainable, energy efficient and green
20 building practices to improvements associated with historic
21 properties is encouraged whenever they are compatible
22 with best historic preservation practices. Whenever
23 possible, equipment such as solar panels, wind generation
24 devices, mechanical equipment, etc., should not be affixed
25 to the building, but sited in the rear or side yard locations
26 and fully screened with landscaping, fence or wall. When
27 placement upon the building is unavoidable, such
28 equipment, as well as skylights, shall be located on a non-
29 character defining elevation or roof slope that is not visible
30 from the street. In no instance, shall the equipment be
31 allowed to be placed upon any character defining feature.
32 Expedited review shall be afforded to those applicants who
33 propose the placement of such equipment on other than the
34 building facades or roof.
35
I. Standards for Archeological Work; Discovery of
36
Archeological Site.
37
38
1.
39 The Historic Preservation Planner shall be
40 responsible for identifying, protecting, managing and
41 promoting all cultural resources (historic and prehistoric
42 sites and districts) within the municipal bounds.
43
2. Archaeological Work.
44 Archeological
45 surveys, assessments, excavations, and other work required
46 by this ordinance shall be conducted by a qualified,
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1 professional archeologist and be consistent with the
2 guidelines for such work promulgated by Palm Beach
3 County that are consistent with accepted professional
4 standards and regulations developed by the Florida
5 Department of State Division of Historical Resources and
6 the United States Department of the Interior, or their
7 successor agencies.
8
3. Site Discovered During the Development
9
Process.
10 In the event that archaeological materials are
11 discovered by ground disturbing activities on any property
12 within the City, such activities in the immediate vicinity of
13 the archaeological site shall be discontinued immediately
14 and the Planning & Zoning Department notified. The site
15 shall be inspected and may be required to be assessed by a
16 qualified professional archaeologist at the expense o the
17 property owner.
18
4. Unmarked Human Graves.
19 If a discovery is made
20 of an unmarked human grave or graves, then the procedures
21 for notifying the State Archaeologist and County Medical
22 Examiner shall be followed, consistent with state law.
23
Section 7. Penalties…
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