15-019 1 ORDINANCE 15 -019'
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4 AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA
5 AUTHORIZING LANDSCAPING DEBRIS STOCKPILING IN THE M -1
6 ZONING DISTRICT BY AMENDING THE LAND DEVELOPMENT
7 REGULATIONS, CHAPTER 1, ARTICLE II, TO ESTABLISH A NEW
8 USE AND CORRESPONDING DEFINITION; AMENDING CHAPTER 3,
9 ARTICLE IV, SECTION 3.D, "USE MATRIX" TO DESIGNATE
10 I LANDSCAPING DEBRIS STOCKPILING AS A CONDITIONAL USE IN
11 THE M -1 ZONING DISTRICT; AMENDING CHAPTER 3, ARTICLE IV.
12 MATRIX NOTES TO ADOPT A NEW NOTE 103 SETTING FORTH
13 j MINIMUM SITE AND OPERATIONAL CONDITIONS OF OPERATION
14 OF A STOCKPILING SITE; PROVIDING FOR CONFLICT,
15 SEVERABILITY, INCLUSION; AND EFFECTIVE DATE.
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18 WHEREAS, the City Commission has determined that the stockpiling of commercial
19 landscape debris is a proper conditional use of property in the M -1 zoning district provided
20 certain conditions necessary for assuring the health safety and welfare of the public as
21 hereafter set forth are met.
22 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
23 THE CITY OF BOYNTON BEACH, FLORIDA:
24 Section 1. That the foregoing "WHEREAS" clause is true and correct and hereby
25 ratified and confirmed by the City Commission.
26 Section 2. That Part III, "Land Development Regulations ", Chapter 1, "General
27 Administration ", Article II, "Definitions" is hereby amended as follows:
28 Definitions (LDR, Chapter 1, Art II)
29 LANDSCAPE DEBRIS STOCKPILING — The temporary storage of vegetative debris such
30 as grass, tree or shrub branches or stumps, or other common landscaping materials generated
31 and /or collected by commercial landscaping maintenance services for use in recycling
32 processes involving energy production, soil enhancements or mulch for example.
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1 Ordinance amended on second reading. Revisions shown in legislative format.
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34 Section 3. That Part III, "Land Development Regulations ", Chapter 3, "Zoning ",
35 Article IV, Section 3.D. Zoning Matrix and Notes is hereby amended to create the new use and
36 establish the corresponding approval, site, operational requirements and sunsetting provisions
37 within the new Note #103 -, to be codified as follows:
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39 (See Exhibit "A ")
40 103 Landscape Debris Stockpiling
41 j a. The commercial stockpiling of landscaping debris is allowed as a conditional use in
42 the M -1 zoning district subject to the following conditions:
43 1) Prior to commencing the operation of a landscaping debris storage site, a
44 property owner must first obtain a Business Tax Receipt and Certificate of
45 Use from the City.
46 2) A site plan notated to show operational components of the storage facility
47 (i.e. access, storage area, setback, etc).
48 3) No stockpiling of landscaping debris shall be permitted on properties of less
49 than 0.5 acres.
50 4) A minimum twenty foot wide stabilized all weather access road around the
51 perimeter of the stockpile.
52 j 5) All stored landscaping debris shall be setback at least 30 feet from any
53 residential property line and 25 feet from all other property lines.
54 6) All storm water drainage shall be maintained on the site by appropriate
55 infrastructure and improvements as approved by the City Engineer or his/her
56 designees.
57 7) No chipping of stockpiled debris is permitted on the site.
58 8) The perimeter of a storage site shall be screened with a wall or fence that
59 obstructs the view of the storage area from adjacent properties, except where
60 I such use abuts a residential zoning district screening shall also include
61 landscape elements that meet the intent of the Landscape Barrier as defined
62 in Chapter 4, Article II of the Land Development Regulations.
63 9) The hours of operation shall be limited to 8:00 a.m. to 6:00 p.m. Monday
64 through Friday and Saturday from 8:00 a.m. to 2:00 p.m. or as established
65 ! during the conditional use approval process.
66 10) Access to operations shall be only from a public right -of -way. In no case,
67 shall a delivery or removal of the stored landscaping debris utilize a private
68 ` road or alley serving residential uses for access.
69 11) The delivery, removal and storage shall utilize dust control measures.
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70 12) Debris piles shall not be placed on surfaces intended or designed for open
71 space, or for parking or vehicle circulation.
72 12)13) Storage areas shall include fire protection monitoring, alert and suppression
73 systems as approved by the City Fire Marshall. The following are minimum
74 requirements which must be demonstrated to obtain Fire Marshall approval:
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76 !, a) No pile shall be higher than 12 feet. During any declared drought the height
77 " shall be limited to 6 feet.
78 b) All piles shall be covered with a "breathable blanket" or site provided with a
79 sprinkler system approved by the City's Fire Marshall.
80 c) All piles shall be secured behind a fence or other approved barrier that will be
81 locked at all times when not in use.
82 d) Because of the health hazards from the rotting vegetation and the vermin that
83 may live there and the fire hazard these piles shall be a minimum of 25 feet
84 j from any commercial building and 40 feet from any residence.
85 e) A working garden hose shall be at the ready at all times to put out small spot
86 fires.
87 f) Each pile shall be churned at least once per week and so noted on a roster to be
88 maintained onsite and made available to a fire department representative on
89 request.
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91 b. Properties that have been used for Commercial Landscape Debris sStockpiling for at
92 least 36 months at the time of adoption of this ordinance may continue that use
93 provided the property owner complies, as a condition of continued use with all
94 requirements of Note 103 except that Sections 1, 2,4, 5, 6, 7, 8, 9, 10, and 11, a g of
95 this oee,Gconditional use approval must be received no later than 12 months of
96 adoption of this ordinance as condition precedent to continued use. No BTR may be
97 annually renewed if the owner of the property is not in compliance with all conditions
98 of this ordinance.
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c. These provisions shall be in effect for 18 months as a pilot program and shall sunset
101 unless extended or made a permanent part of these regulations by a subsequent
102 ordinance of the City.
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104 Section 4. All prior ordinances or resolutions or parts thereof in conflict herewith are
105 hereby repealed to the extent of such conflict.
106 Section 5. If any section, sentence, clause, or phrase of this Ordinance is held to be
107 invalid or unconstitutional by any court of competent jurisdiction, then said holding shall in no
108 way affect the validity of the remaining portions of this Ordinance.
109 ! Section 6. It is the intention of the City Commission of the City of Boynton Beach,
110 Florida, that the provisions of this Ordinance shall become and be made a part of the City of Boynton
111 Beach Code of Ordinances; and that the sections of this ordinance may be renumbered or re- lettered
112 and the word "ordinance" may be changed to "section," "article," or such other appropriate word or
113 phrase in order to accomplish such intentions.
114 Section 7. This Ordinance shall be effective immediately after adoption by the City
115 Commission. "hhis ordinance and the right to conduct commercial landscaping debris stockpiling
116 in the M -1 zoning district is an 18 -month pilot program and will sunset unless extended by a
117 subsequent ordinance of the City. No property owner will have a vested or grandfathered right to
118 j continued operation of a commercial landscaping debris stockpiling site after the sunset date of
119 this ordinance.
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124 FIRST READING this 4 day of_aurk,2015.
125 SECOND AND FINAL READING ADOPTED this /e day of at - , 2015.
126 CITY OF BOYNTON BEACH, FLORIDA
127 YES NO
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129 Mayor — Jerry Taylor c/
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131 Vice Mayor — Joe Casello ✓
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133 Commissioner — David T. Merker
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135 Commissioner — Mack McCray cr
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137 Commissioner — Michael M. Fitzpatrick
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140 VOTE 5-0
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142 ATTEST:
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144 �,^
145 7rl•P
146 Jan M. Prainito, MMC
147 ' Clerk
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149 Gt .1 Y o 4'
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151 1 . . Se•
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