BoyntonBchCh1 PART III. LAND DEVELOPMENT REGULATIONS*
*Editor's note—Ordinance No. 095-02, adopted April 4, 1995, created comprehensive land development regulations through repeal, revision and renumbering. Ordinance No. 10-025, passed
December 7, 2010, subsequently completely replaced and amended Part III, Land Development Regulations. Since the ordinance did not follow the format used in this Code, it has been set
out as enacted herein.
CHAPTER 1. GENERAL ADMINISTRATION
Article I. General Provisions
Article II. Definitions
Article III. Comprehensive Plan
Article IV. Redevelopment Plans
Article V. Housing Initiatives
Article VI. Concurrency Management System
Article VII. Decision Making and Administrative Bodies
Article VIII. Due Process and Appeals
Article IX. Notice of Intent
ARTICLE I. GENERAL PROVISIONS
Sec. 1. Short Title.
The regulations embraced in the following chapters, articles, sections, subsections, paragraphs, sentences, clauses, and phrases shall constitute and be designated the "Land Development
Regulations, City of Boynton Beach, Florida," and may be so cited.
(Ord. 10-025, passed 12-7-10)
Sec. 2. Purpose and Intent.
It is the purpose of the City Commissioners of the City of Boynton Beach to establish the standards, regulations, and procedures for review and approval of all proposed development of
property, and to provide a development review process that will be comprehensive, consistent, and efficient in the implementation of the goals, objectives, and policies of the city's
Comprehensive Plan.
It is the intent to foster and preserve public health, safety, comfort, morals, and welfare, and to aid in the harmonious, orderly, and progressive development within the municipal boundaries.
These regulations are also intended to accomplish or actuate the following: 1) promote efficiency, in terms of time and expense; 2) effectiveness, in terms of addressing the natural
resource and public facility implications of proposed development; and 3) equitably, in terms of consistency with established regulations and procedures, respect for the rights of property
owners, and consideration of the interests of the citizens of Boynton Beach.
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Lastly, the City Commissioners deem it to be in the best public interest for all development to be conceived, designed, and built in accordance with good planning and design practices,
equal or superior to the minimum standards set forth in these Regulations.
(Ord. 10-025, passed 12-7-10)
Sec. 3. Designation and Citation.
For clarification and citation purposes, the terms "land development regulations," "Regulations," and "LDR's" shall mean and refer to Part III Land Development Regulations, as contained
in the City of Boynton Beach, Florida, Code of Ordinances.
(Ord. 10-025, passed 12-7-10)
Sec. 4. Catch Lines.
The catch lines of this Code, which are printed in boldface type, are intended as mere catchwords to indicate the contents of the section and shall not be deemed or taken to be the titles
of such sections, nor as any part of the section, nor, unless expressly so provided, shall they be so deemed when any of such sections, including the catch lines, are amended or re-enacted.
(Ord. 10-025, passed 12-7-10)
Sec. 5. Repeal.
The repeal of an ordinance shall not revive any ordinances in force before or at the time the ordinance repealed took effect. The repeal of an ordinance shall not affect any punishment
or penalty incurred before the repeal took effect, nor any suit, prosecution, or proceeding pending at the time of the repeal, for an offense committed or cause of action arising under
the ordinance repealed.
(Ord. 10-025, passed 12-7-10)
Sec. 6. Severability.
The chapters, article, sections, subsections, paragraphs, sentences, clauses, and phrases of these land development regulations are severable. If any such phrase, clause, sentence,
paragraph, subsection, section, article, or chapter is declared unconstitutional, invalid, or unenforceable by the valid judgment or decree of the court of competent jurisdiction, then
such unconstitutional, invalid, or unenforceable regulation shall not affect any of the remaining portions of these Land Development Regulations.
(Ord. 10-025, passed 12-7-10)
Sec. 7. Penalties.
A. General Penalties. It shall be unlawful for any person to violate or fail to comply with any provision of these Regulations or other ordinance of the city and where no specific penalty
is provided therefore, the maximum penalty which may be imposed upon any person who shall be adjudged to have violated any provision of this Regulation or other ordinance of the city
shall be a fine not exceeding five hundred dollars ($500.00) or a term of imprisonment not in excess of sixty (60) days, or by both such fine and imprisonment; provided, however, that
this section shall not conflict with any penalties imposed for any offense under the
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laws of the State of Florida, and no penalty for violation of these Regulations or any ordinance of the city shall exceed the maximum penalty provided for the violation of a comparable
state law. Each day any violation of any provision of these Regulations or any other ordinance of the city shall constitute a separate offense. In addition to any penalty provided
herein, the person or organization may be subject to any other penalty as provided in the city's Code of Ordinances, or as otherwise provided by Florida law.
B. Time. Whenever the judgment of a court of appropriate jurisdiction shall, under any of the ordinances of the city, adjudge a person to pay a fine, or a fine and costs of prosecution,
such judgment shall also provide a period of time for which such person shall be imprisoned in default of the payment of the same.
C. Imprisonment. Whenever the sentence shall be one of both fine and imprisonment, it shall also provide for an additional period of imprisonment, for which such person shall be held
in default of payment of the fine and/or costs of prosecution imposed. Such additional period shall commence to run from the expiration of the other period of imprisonment fixed by
the sentence, provided that in no case shall the imprisonment for failure to pay a fine, or fine and costs, together with any other imprisonment in the same case, exceed the period of
six (6) months. Nothing in this section shall exempt a prisoner from being put to labor during the period of such additional imprisonment.
D. Civil Enforcement. In case any building or structure is erected, constructed, reconstructed, altered, repaired, or maintained, or any building, structure, land, or water is used
in violation of this Regulation or any ordinance or other regulation made under authority conferred hereby, the authorized city official, in addition to other remedies, may institute
any appropriate action or proceedings in a civil action in the circuit court to prevent such unlawful erection, construction, reconstruction, alteration, repair, conversion, maintenance,
or use and to restrain, correct, or abate such violation to prevent the occupancy of said building, structure, land or water, and to prevent any illegal act, conduct of business, or
use in or about such premises.
E. Stoppage of Work. Failure to comply with any city approved development order or development permit, or any applicable city ordinance or land development regulation may result in
an order to stop work from the authorized city official. Damage to public property resulting from work performed may result in a stop work order if a threat exists to the health and
safety of the public.
(Ord. 10-025, passed 12-7-10)
Sec. 8. Ordinances Not Affected by Regulation.
Nothing in this Regulation or the ordinance adopting this Regulation shall be construed to repeal or otherwise affect the validity of any of the following when not inconsistent with
this Regulation:
A. Any ordinance promising or guaranteeing the payment of money for the city, or authorizing the issuance of any bonds of the city or any evidence of the city's indebtedness;
B. Any appropriation ordinance or ordinance providing for the levy of taxes or for a budget;
C. Any ordinance annexing territory to the city or excluding territory as a part of the city;
D. Any ordinance granting any franchise, permit or other right;
E. Any ordinance approving, authorizing, or otherwise relating to any contract, agreement, ease, deed or other instrument;
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F. Any administrative ordinance not inconsistent with this Regulation;
G. Any ordinance dedicating, naming, establishing, locating, relocating, opening, paving, widening, vacating or repairing any street or public way or lawfully established bulkheads or
bulkhead lines;
H. Any ordinance regulating, restricting or prohibiting traffic on particular streets or in particular localities;
I. Any ordinance prescribing the street grades of any street in the city;
J. Any ordinance providing for local improvements or making assessments therefore;
K. Any ordinance dedicating or accepting any plat or subdivision in the city;
L. Any ordinance zoning or rezoning specific property;
M. Any ordinance providing for the compensation of officers and employees; and
N. Any temporary or special ordinance.
All such ordinances are hereby recognized as continuing in full force and effect to the same extent as if set out at length herein.
(Ord. 10-025, passed 12-7-10)
Sec. 9. Ordinances; City Laws and Codification.
Ordinances of the City Commission adopted in a manner provided by law shall constitute the laws of the city and shall be in full force and effect until repealed. The City Commission
shall have the power to have the city ordinances codified, and published in book form.
(Ord. 10-025, passed 12-7-10)
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Definitions
ARTICLE II. DEFINITIONS
Terms in this chapter shall have the following definitions, if not previously accepted pursuant to the Unabridged Dictionary of the English Language. Supplemental definitions for specific
technical terms should be defined at the reference location at which they first appear in this chapter. If a conflict exists in terms of the supplemental definitions with these definitions,
the specific definition for the specific applicable condition shall apply.
ABUTTING PROPERTY - The condition of two (2) adjoining properties having a common property line or boundary, including cases where two (2) or more lots adjoin only on a corner or corners.
ACCESS - The principal or secondary means of ingress and egress to a lot from a dedicated public or private right-of-way.
ACCESS WATERWAYS - A waterway which is developed or constructed for the purpose of providing access by water to lots within a subdivision.
ACCESS WAY - A non-dedicated area, which is permitted for ingress or egress of vehicles or pedestrians.
ACCESS, LEGAL - A dedicated and recorded right-of-way, or easement, excluding utility or drainage easements, affording perpetual ingress and egress from a subject property to a public
thoroughfare.
ACCESSORY APARTMENT - A habitable living unit added to or created within a single-family dwelling or its accessory structure that provides basic requirements for living, sleeping, eating,
cooking, and sanitation. Accessory apartments shall comprise no more than twenty-five percent (25%) of the total floor area of the single-family dwelling, and shall in no case be more
than seven hundred fifty (750) square feet. Specific design and parking requirements may apply.
ACCESSORY BUILDING OR STRUCTURE - A detached, subordinate building, the use of which is clearly incidental and related to that of the principal building or use of the land, and which
is located on the same lot as that of the principal building or use. Additional design recommendations and/or standards may be applied to the accessory building or structure.
ACCESSORY GARDEN - See "Garden."
ACCESSORY USE - See "Use, Accessory."
ACRE - Land or water consisting of forty-three thousand, five hundred sixty (43,560) square feet.
ADDITION - An expansion, extension, or increase in the usable space within a building or facility.
ADEQUATE PUBLIC FACILITIES - Public facilities available to serve a development project so as to meet the levels of service and the conditions set forth in the concurrency regulations.
ADEQUATE SCREENING - To conceal from public view, materials on private property, with a physical screen made of one (1) or more of the following: dense landscape material, metal, wood,
or masonry.
ADULT CONGREGATE LIVING FACILITY (ACLF) - See "Group Home."
ADULT ENTERTAINMENT - An establishment that predominately limits admission to "adults only" owing to the sexual nature of its merchandise or entertainment. Such establishments may include,
but not be limited to,
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adult bookstores, adult theatres, adult lounges, adult health studios, adult motels, adult hotels, or the like with nude, bottomless, or topless entertainment or employees.
AFFECTED PARTIES - Includes persons owning property or persons owning or operating a business within the boundaries of the city whose development application or application for a permit
or license is pending.
AFFORDABILITY CONTROLS - Restrictions placed on workforce housing units by which the price of such units and/or the income of the purchaser or lessee will be restricted in order to ensure
that the units remain affordable to low and moderate income households.
AFFORDABILITY TERM - The time a workforce housing unit is required to remain affordable to income qualified buyers or renters.
AGRICULTURAL STRUCTURES - Structures, such as coldframes, greenhouses, hoophouses, or shadehouses that are used to grow plants and commonly associated with accessory gardens and "community
gardens". For clarification, agricultural structures are not considered sheds and storage structures and are regulated differently. See Chapter 3, Article V, Section 3.Y. for the provisions
regarding agricultural structures.
AGRICULTURE - See "Garden."
AISLE - The hard-surfaced lanes in a parking lot which connect the parking stalls with a public or private street, alley or interior driveway.
ALCOHOL AND DRUG REHABILATION CENTER - See "Group Home, Type 4."
ALCOHOLIC BEVERAGE ESTABLISHMENT - Any business or commercial establishment, whether open to the public at large or entrance is limited by cover charge or membership requirements, including
those licensed by the state for sale and or service of alcoholic beverages, which include, but are not limited to, any stand-alone bar, bottle club, hotel, motel, restaurant, night club,
country club, cabaret, and meeting facility located in the city in which alcoholic beverages, beer or wine are, or are available to be, sold, dispensed, served, consumed, provided, possessed
or offered for sale or consumption on the premises.
ALLEY - A right-of-way providing a secondary means of access and service to abutting property. It is not intended or used for general traffic circulation.
ALTERATION
1. BUILDING - Any change in the structure which will increase the number of useable units, the floor area or height of the structure.
2. ENVIRONMENTALLY SENSITIVE LANDS - Any activity which results in the modification, variation or transformation of environmentally sensitive lands, including but not limited to placement
of vehicles, structures, debris, or any other material objects thereon, introduction or injection of water or other substance, and removal, displacement or disturbance of plant or animal
species, soil, rock, minerals or water.
3. HISTORIC PRESERVATION - See "Historic Preservation, Alteration."
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Definitions
AMUSEMENT ARCADE - A commercial establishment containing four (4) or more video gaming, pinball, or similar player-operated amusement machines, in any combination. This definition specifically
incorporates those machines described in F.S. § 849.161. See "Entertainment, Indoor."
ANCILLARY BUILDING OR STRUCTURE - See "Accessory Building or Structure."
ANCILLARY USE - See "Use, Accessory."
AND/OR - "And" may be read "or" and "or" may be read "and" if the sense requires it.
ANTENNA - See "Wireless Communication Facility (WCF), Antenna."
ANTENNA ARRAY - See "Wireless Communication Facility (WCF), Antenna Array."
ANTENNA ELEMENT - See "Wireless Communication Facility (WCF), Antenna Element."
ANTENNA SUPPORT STRUCTURE - See "Wireless Communication Facility (WCF), Antenna Support Structure."
ANTIQUE STORE or AUCTION HOUSE - See "Merchandise, Used."
APARTMENT - See "Dwelling, Multi-family."
APARTMENT, EFFICIENCY - A type of dwelling unit containing no more than one (1) habitable room to be used for living, cooking, eating, and sleeping. Each efficiency apartment must have
a bathroom.
APPLICANT - Generally, an "applicant" is a property owner or person(s) or entity acting as an agent on behalf of the property owner, in a formal application for a development proposal,
permit, or approval. For the purposes of determining parks and recreation impact fees, the term "applicant" is the person or entity applying, or required by the city code to apply for
a building permit for the construction of three (3) or more dwelling units, or for the construction of one (1) or more dwelling units within a development of three (3) or more units.
Applicant is synonymous with owner.
ARCADE, AMUSEMENT - See "Entertainment, Indoor."
ARCADE, PEDESTRIAN - A passage or walkway covered over by a succession of arches or vaults connecting two (2) buildings or supported by stand-alone columns on one (1) or both sides.
It also more commonly describes a roof-like structure open to the weather on one (1) or more sides, constructed of rigid materials, which are cantilevered from the exterior building
wall to provide a covered walkway for the public along small shops, vendors and/or offices.
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AREA OF SHALLOW FLOODING - See "Flood, Area of Shallow Flooding."
AREA OF SPECIAL FLOOD HAZARD - See "Flood, Special Flood Hazard Area."
ART STUDIO - Work space for one (1) or more artists or artisans, including the accessory sale of art produced on the premises and related art instruction. This use excludes tattooing
and body art.
ART, ARTWORK OR WORKS OF ART - Tangible creations by artists exhibiting the highest quality of skill and aesthetic principles and includes all forms of the visual arts conceived in any
medium, material, or combination thereof, including, but not limited to, paintings, sculptures, engravings, carvings, frescos, stained glass, mosaics, mobiles, tapestries, murals, photographs,
video projections, digital images, bas-relief, high relief, fountains, kinetics, collages, drawings, monuments erected to commemorate a person or an event, functional furnishings, such
as artist designed seating and pavers, unique or original architectural elements, and artist designed landforms or landscape elements. The following shall not be considered artwork
or works of art for purposes of this chapter: reproductions or unlimited copies of original artwork; art objects, which are mass-produced; and works that are decorative, ornamental,
or functional elements of the architecture or landscape design, except when commissioned from an artist or designed as an integral aspect of a structure or site.
ART, BOOK, CRAFT, HOBBY, MUSIC, SPORTING GOOD, & TOY STORE - Establishments primarily engaged in the retail sale (including accessory repair service) of one or more of the following:
1) art for retail sale in art galleries; 2) new books or magazines; 3) craft and hobby items, including sewing machines and supplies, new fabrics, patterns, yarns, needlework and the
like; 4) new compact and digital video disks, musical instruments, and sheet music; 5) sporting goods and supplies, including scuba equipment, bicycles, mopeds, and motor scooters (with
engines not exceeding 150 cubic centimeters); or 6) toys. Any motorized moped or scooter with an engine in excess of 150 cubic centimeters is classified as a "motorcycle" and regulated
as a NEW or USED AUTO DEALER. This use excludes any merchandise that would be classified as adult entertainment.
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ARTIST OR PROFESSIONAL ARTIST - A practitioner in the visual arts, generally recognized by critics and peers as a professional of serious intent and ability. Indications of a person's
status as a professional artist include, but are not limited to, income realized through the sole commission of artwork, frequent or consistent art exhibitions, placement of artwork
in public institutions or museums, receipt of honors and awards, and training in the arts.
ARTS CAMPUS - Various principal and accessory components of the art creation process, including art production, education, residences for the artists and/or students, and display space,
concentrated within two (2) or more buildings within a single geographic area.
ARTS COMMISSION - The advisory board established by the City Commission pursuant to Ordinance 01-64.
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Definitions
ASSISTED LIVING FACILITY (ALF) - See "Group Home."
AUTO BROKER - Principally an office use primarily engaged in facilitating the retailing, leasing, or wholesaling of new or used automobiles, motorcycles, and light trucks; such as passenger
and cargo vans and sport utility vehicles. Typical broker activities include but are not limited to the following: researching and locating a desired vehicle or buyer; price negotiations;
processing the transaction, including securing the necessary financing; and arranging vehicle delivery. Unlike an "Auto Dealer," this use does not include on-site vehicle inventories.
If vehicles are temporarily stored on-site during the transaction, all vehicles must be stored indoors.
AUTO/CAR WASH (POLISHING, WAXING, DETAILING) - Establishments providing for the cleaning of private automobiles, recreational vehicles (personal watercraft), or other light duty equipment
through manual detailing and/or mechanical resources. Business activity is to be conducted indoors, but the establishment may have an outdoor component if approved through the site
plan or site plan modification process.
AUTO/CAR WASH (SELF-SERVE BAY) - An establishment where washing, drying, polishing, or vacuuming of a passenger automobile or marine vessel is performed by the driver or the occupant.
This use is not intended to serve a commercial or industrial fleet.
AUTO DEALER, NEW - An establishment, licensed by the State of Florida, which is primarily engaged in retailing or leasing new automobiles, mopeds, scooters, and motorcycles (with engines
in excess of one hundred fifty (150) cubic centimeters, and light trucks, including passenger and cargo vans and sport utility vehicles. Dealers keep an on-site inventory of vehicles
for customers to peruse, and buyers customarily purchase the vehicles on the premises. No outdoor storage of vehicle inventory is allowed.
AUTO DEALER, USED - An establishment, licensed by the State of Florida, which is primarily engaged in retailing or leasing used automobiles, mopeds, scooters, and motorcycles (with engines
in excess of one hundred fifty (150) cubic centimeters, and light trucks, including passenger and cargo vans and sport utility vehicles. Dealers keep an on-site inventory of vehicles
for customers to peruse, and buyers customarily purchase the vehicles on the premises. No outdoor storage of vehicle inventory is allowed.
AUTOMOBILE - An automobile, motorcycle, or the like as defined by the rules of the Florida Department of Highway Safety and Motor Vehicles.
AUTOMOBILE RENTAL - An establishment primarily engaged in renting new automobiles, which includes light trucks, sport utility vehicles, motorcycles, and passenger vans. This term excludes
those establishments engaged in auto dealing and leasing (long-term basis) and taxi and limousine services (short-term basis).
AUTOMOTIVE, MAJOR REPAIR - An establishment primarily engaged in minor automotive repair services as well as complete engine overhaul and/or replacement of internal parts of engines.
Also included is the repair of any portion of the drive mechanism, body and fender work, upholstering, painting and customizing.
AUTOMOTIVE, MINOR REPAIR - An establishment primarily engaged in minor automotive repair services such as oil change, lubrication, engine tune-up, battery replacement, carburetor repairs,
tire mounting and balancing, and the replacement and/or repair of external parts of engines.
AUTOMOTIVE PARTS STORE - An establishment primarily engaged in the retail sales of new auto parts and accessories. Sale of auto parts from a commercial establishment for installation
and use off-premises.
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AUTOMOTIVE WINDOW TINTING/STEREO INSTALLATION/ALARMS - An establishment primarily engaged in tinting automotive vehicles, such as passenger cars, trucks, and vans. They may also include
establishments that are primarily engaged in retailing and installing automotive accessories, such as stereos and alarm systems.
AWNING - A structure made of cloth or metal with a metal frame attached to a building, when the same is so erected as to permit its being raised to a position flat against the building
when not in use.
BAKERY, COMMERCIAL - An establishment primarily engaged in the manufacturing of bread and other bakery products.
BALLOON - A container made of non-rigid material filled with air or gas and designed to be tethered.
BANK AND FINANCIAL OFFICE - A financial institution that is open to the public and engaged in deposit banking, and that performs closely related functions such as making loans, investments,
and fiduciary activities.
BANNER - See "Sign, Banner."
BAR AND NIGHTCLUB - Any licensed premises that is devoted predominately or totally, to the serving of alcoholic and/or intoxicating beverages or any combination thereof, for consumption
at the licensed establishment. Leisurely dancing may occur or patrons may be entertained by live or recorded performers who dance, sing, play instruments, or perform other acts of entertainment
(excluding adult entertainment). The service of food may be incidental to the service of the aforementioned beverages, activities, and entertainment. These establishments are known
as but are not limited to the following: bars, cigar bars, cabarets, cocktail lounges, comedy clubs, dance clubs, discothèques, night clubs, piano bars, pubs, and saloons. Business
activity is to be conducted indoors, but the establishment may have an outdoor component if approved through the site plan or site plan modification process.
BASE FLOOD - See "Flood, Base."
BASE STATION (GROUND EQUIPMENT) - The electronic equipment utilized by the wireless providers for the transmission and reception of radio signals.
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BED AND BREAKFAST - A private owner occupied residence having more than three (3) and less than ten (10) guest units, which are subordinate and incidental to the main residential use
of the building, in conformance with the prescribed regulations as outlined in the Land Development Regulations.
BEER, WINE, & LIQUOR STORE - An establishment primarily engaged in retailing packaged alcoholic beverages, such as ale, beer, wine, and liquor. They are limited to off-site consumption.
BENCHMARK - A relatively permanent material object, natural or artificial, bearing a marked point whose elevation above or below an adopted datum plane is known.
BETTERMENT PLAN OR ALTERNATIVE COMPLIANCE - A proper landscape plan that demonstrates that an improvement or betterment of the environment can be accomplished over the existing site
conditions if such landscape plan is carried out to its fullest. Such a plan is submitted and reviewed to meet or exceed the intent of the city's landscape regulations.
BEVERAGE MFG - An establishment primarily engaged in the manufacturing, purifying, bottling, and distribution of beverage products, including ice and alcoholic beverages. This industrial
use may include a subordinate commercial component (i.e., tasting room, retail and facility tours) that is open to the public.
BICYCLE PATH - Any road, path or way that is open to bicycle travel, which road, path or way is physically separated from motorized vehicular traffic by an open space or by a barrier
and is located either within the highway right-of-way or within an independent right-of-way.
BICYCLE RACK - A stationary stand which supports a minimum of five (5) bicycles by its frame and to which a user can lock the bicycle and one (1) wheel simultaneously with a security
U-shaped lock.
BILLBOARD - See “Sign, Billboard.”
BLOCK - Includes Tier or Group and means a group of lots existing within well-defined and fixed boundaries, usually being an area surrounded by streets, parks or other physical barriers
and public space, having an assigned number, letter, or other name through which it may be identified.
BOARD - Board means any board appointed by the city, such as the Planning and Development Board. Also, see “Historic Preservation, Board.”
BOAT DEALER/RENTAL - An establishment primarily engaged in retailing new and/or used boats, retailing new boats and selling replacement parts and accessories, renting boats, or a yacht
brokerage business, including the display and temporary storage of boats on-site (customarily incidental to the principal use). A yacht broker that exclusively displays/stores boats
off-site would be considered an office use. A boat dealer/rental excludes the repair or service of vessels on the premises
BOAT REPAIR - A facility where boats are repaired, serviced, customized, or detailed.
BOYNTON BEACH HOUSING TRUST - A trust created as a depository for in-lieu of payments, donated land, or housing units for the purpose of providing workforce housing units.
BOYNTON BEACH REGISTER OF HISTORIC PLACES - See "Historic Preservation."
BREAKAWAY WALL - A wall that is not part of the structural support of the building and is intended to collapse without causing damage to the elevated portion of the building or the foundation
system.
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BREAKPOINT TECHNOLOGY - The engineering design of a monopole wherein a specified point on the monopole is designed to have stresses concentrated so that the point is at least five percent
(5%) more susceptible to failure than any other point along the monopole so that in the event of a structural failure of the monopole, the failure will occur at the breakpoint rather
than at the base plate, anchor bolts, or any other point on the monopole.
BRIDGE - A structure, including supports, erected over a depression or an obstruction, such as water or a highway or railway, and having a track or passage-way for carrying traffic as
defined in the Florida State Statues or other moving loads.
BUFFER WALL - A stuccoed and painted masonry wall or an engineered pre-cast concrete wall used to physically separate or screen a residential property from a non-residential property
so as to visually shield or block noise, lights, or other nuisances. Finish on both sides of wall must be approved by the Director of Planning and Zoning.
BUILD-TO LINE - A line delineating the maximum allowable distance that a building may be constructed from a property line. In instances where a build-to line is required, the space
between the building and property line is typically referred to as the "reduced building setback" area. No building may be constructed outside the reduced building setback area when
the zoning code stipulates multiple build-to lines.
BUILDABLE AREA - That portion of a site exclusive of the required yard areas on which a structure or building improvements may be erected.
BUILDING - All construction built for support, enclosure, shelter or protection. Also see "Historic Preservation, Building(s)."
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BUILDING FAÇADE - That portion of the exterior elevations of a building extending from grade to the top of the parapet wall or eaves and the entire width of the building elevations.
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BUILDING FRONTAGE - The main entrance side of a building or bay.
BUILDING OFFICIAL - The official (or authorized representative) responsible for the interpretation and administration of the city's Building Code.
BUILDING SETBACK LINE - A line delineating the minimum required distance between each property line and the building.
BUILDING SITE - A portion or parcel of land considered as a unit, devoted to a certain use or occupied by a building or group of buildings that are united by a common interest or use,
and the customary accessories and open spaces belonging to the same.
BUILDING/STRUCTURE HEIGHT - The vertical distance in feet measured from the lowest point at the property line of an adjacent property or from the minimum base flood elevation as established
by FEMA, whichever is highest, to the highest point of the roof for flat roofs, to the deck line for parapet roofs with parapets less than five (5) feet in height. Gable, mansard, and
hip roof heights shall be measured to the midpoint between the eaves and the ridge. Rooftop penthouses, stairwells, mechanical and electrical equipment shall be concealed by or constructed
of exterior architectural materials or features of the same type or quality used on the exterior walls of the main building and may only exceed the maximum building height pursuant to
the provisions of the Land Development Regulations. Walls or retaining walls shall also be measured from the lowest adjacent property line to the top of the structure excluding column
caps, column capitals and other similar architectural items.
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BUILDING, PRINCIPAL - A building wherein the main or principal use of the lot is conducted.
BUSINESS OR PROFESSIONAL OFFICE - An establishment that conducts administrative and/or professional functions that serve internal operations and/or customers or clients, involving accounting,
consulting, design, legal, research, scientific, technical, or other similar professional or administrative functions.
BUSINESS TAX RECEIPT - A tax levied for the privilege to operate a business, profession, occupation or other operation within the city limits, which is issued in accordance with the
city's Code of Ordinances.
CALIPER - A point on a tree used as part of the accepted method of measurement of the thickness of a tree trunk, as defined in the Florida Grades and Standards Manual. The measurement
is taken at six (6) inches from the ground, unless trunk diameter measured six (6) inches from the ground is greater than four (4) inches, in which case the measurement is taken at twelve
(12) inches from the ground.
CALL CENTER - An establishment primarily engaged in providing customer service, support, or information in a centralized office environment, and whose typical activities include receiving
(inbound) or transmitting (outbound) telephone calls, facsimiles, or internet communications (e.g., live chat, instant messaging, email).
CANOPY - A structure, other than an awning, made of cloth or metal with metal frames attached to a building, and carried by a frame supported by the ground, or sidewalk.
CAPITAL IMPROVEMENTS ELEMENT (CIE) - The capital improvements element of the Comprehensive Plan of the city.
CAR - See "Automobile."
CAR RENTAL - See "Automobile Rental."
CAR WASH - See "Auto/Car Wash."
CARPET AND UPHOLSTERY CLEANING - An establishment primarily engaged in cleaning and/or dyeing used rugs, carpets, and upholstery.
CARPORT - A roofed area open on one (1), two (2) or three (3) sides and attached to the main building, for the storage of one (1) or more vehicles.
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Definitions
CATERER - An establishment primarily engaged in providing single event-based food services. These establishments generally have equipment and vehicles used to prepare and transport
meals and/or snacks to events and/or prepare food at an off-premise site. Banquet halls with catering staff are included in this industry. Unless specifically provided for within these
Regulations, on-site consumption and/or take-out service is not a permitted accessory use.
CEMETERY - An establishment that is primarily engaged in operating site(s) or structure(s) reserved for the interment of human or animal remains.
CENTERLINE - A line midway between the right-of-way lines or the surveyed and prescribed centerline established by the City Engineer, which may or may not be the line midway between
the existing or proposed right-of-way lines.
CERTIFICATE OF APPROPRIATENESS - See "Historic Preservation."
CERTIFICATE OF CONFORMANCE - Certification issued by the Development Director or designee that a parcel, building, and/or site improvements made nonconforming due to actions of a governmental
entity, shall be deemed to conform upon the issuance of a certificate of conformity as outlined in the Land Development Regulations.
CERTIFICATE OF ECONOMIC HARDSHIP - See "Historic Preservation."
CERTIFICATE OF OCCUPANCY - A statement signed by the City Development Director setting forth that a building or structure legally complies with the City of Boynton Beach Building and
Zoning Codes and that the same may be used for the purposes stated therein.
CERTIFICATION OF CONCURRENCY - Proof that public facilities are or will be available, consistent with the adopted levels of service and the conditions set forth in the Land Development
Regulations and shall specify the public facilities which are to be constructed, timing of construction and responsibility for construction. Certification of concurrency shall reserve
capacity in the public facilities which are available, until the certification of concurrency expires.
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CERTIFIED DOCUMENTS - Drawings, estimates, warranties, etc. signed and sealed by a Florida registered architect, engineer and/or land surveyor guaranteeing that the documents are true,
accurate and in compliance with all applicable laws, rules and regulations.
CERTIFIED LOCAL GOVERNMENT (CLG) - See "Historic Preservation."
CHANGEABLE COPY SIGN - A sign of permanent character, but with removable letters, words or numerals, indicating the names or persons associated with, or events conducted upon, the premises
upon which a sign is erected.
CHECK CASHING - A person or business that for compensation engages, in whole or in part, in the business of cashing checks, warrants, drafts, money orders, or other commercial paper
serving the same purpose. This use does not include a state or federally chartered bank, savings association, credit union, or industrial loan company.
CHICKEE HUT or CHIKI HUT - (a.k.a. Tiki Hut) - A type of "open-air structure" that is specifically described as an open-sided wooden hut with a thatched roof of palm or palmetto or other
traditional materials, constructed by the Miccosukee Tribe of Indians of Florida or by the Seminole Tribe of Florida, and does not incorporate any electrical, plumbing, or other non-wood
features into its construction. This type of structure is specifically defined pursuant to the review and approval consistent with Florida Law.
CHILD - An unmarried person under the age of eighteen (18) years.
CHURCH - Also known as a place of worship, is a building or group of buildings wherein persons regularly assemble for religious worship and related activities. Day care centers, primary
and secondary schools, seminaries, and colleges and universities shall not be construed to be an accessory use to a church.
CITY - The City of Boynton Beach, a municipality established in the County of Palm Beach, State of Florida to be a political corporation under the name of City of Boynton Beach pursuant
to the laws of Florida.
CITY COMMISSION - Whenever the words "City Commission" are used, they shall be construed to mean the City Commission of the City of Boynton Beach.
CITY ENGINEER - A Florida licensed professional engineer in charge of the City of Boynton Beach, Department of Public Works/Engineering Division, and who acts as the administrative officer
for the purposes of implementing the city's platting requirements.
CITY INSPECTOR - The person(s) designated by a city administrator to inspect improvements, a business, or property for compliance with the city's regulations.
CITY STANDARDS - Standards adopted by the City of Boynton Beach.
CITY STREET SYSTEM - The city street system consisting of all local roads and all collector roads inside the City of Boynton Beach which are not in the State of Florida or Palm Beach
County road system.
CITY SURVEYOR AND MAPPER - A Florida licensed professional surveyor and mapper, under contract or employment with the City of Boynton Beach, Florida in accordance with F.S. § 177.081(1),
as amended from time to time.
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Definitions
CIVIC & FRATERNAL CLUB/ORGANIZATION - A registered association of persons for the promotion of some non-profit common objective, involving literature, science, politics, or community
service, which meets periodically and is limited to members and guests.
CLEANING SUPPLY STORE (SWIMMING POOLS, JANITORIAL) - An establishment primarily engaged in the retail sales of supplies, materials, chemicals, and other specialized lines of merchandise
for the cleaning of swimming pools and other household items (interior and exterior) and janitorial businesses.
CLOTHING & ACCESSORIES - An establishment primarily engaged in retailing new clothing and clothing accessories merchandise from fixed point-of-sale locations.
COASTAL CONSTRUCTION CONTROL LINE - See "Flood, Coastal Construction Control Line."
COASTAL HIGH HAZARD AREA - See "Flood, Coastal High Hazard Area."
COMMERCIAL ZONING DISTRICT - Whenever the words "commercial district" or "commercial zoning district" are used, they are construed to include any or all of the following zoning districts:
C-1 office and professional commercial; C-2 neighborhood commercial; C-3 community commercial; C-4 general commercial; CBD central business district; and PCD planned commercial development.
CODE 1958 - Any reference herein to "Code 1958" shall be construed to mean the "Code of Ordinances, City of Boynton Beach, Florida," adopted October 20, 1958, by Ordinance Number 315,
as from time to time amended and supplemented.
COIN-OPERATED LAUNDRY - An establishment primarily engaged in operating facilities with coin-operated or similar self-service laundry/dry cleaning equipment for customer use on the premises,
contingent upon the floor area of such use is entirely enclosed.
COLLECTOR STREET - See "Street, Collector."
COLLEGE, SEMINARY, UNIVERSITY - An establishment primarily engaged in furnishing academic courses and granting degrees at associate, baccalaureate or graduate levels. The requirement
for admission is at least a high school diploma or equivalent.
COLOCATION - The practice of installing and operating multiple wireless carriers, service providers, and/or radio common carrier licensees on the same antenna support structure or attached
wireless communication facility using different and separate antenna, feed lines and radio frequency generating equipment.
COMMERCIAL TRUCK - A truck defined as such by the rules of the Florida Department of Highway Safety and Motor Vehicles.
COMMERCIAL ZONING DISTRICT - All C-1, C-2, C-3, C-4, CBD, and PCD zoning districts.
COMMUNITY GARDEN - See "Garden."
COMMUNITY SUPPORTED AGRICULTURE (CSA) - A form of food production and distribution where a group of individuals pledge to support and provide capital to a farm thereby sharing the risks
and benefits of food production. Typically, members or "share-holders" (e.g., individuals, businesses, restaurants) of the CSA
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pledge in advance to cover the anticipated costs of the farm operation and in return, receive shares in the farm's yield throughout the growing season. See "Garden."
COMPACT DEVELOPMENT - A development or development pattern consisting of a varied mix of land uses, including but not limited to residential, commercial, office, and public/civic spaces.
The central characteristic of compact development is discouraging urban sprawl and reducing the number of vehicular miles traveled by accommodating living, employment, shopping, entertainment,
recreation, and outdoor gathering areas, all of which are located within walking distance of each other. Typical design elements include minimal building setbacks, wide pedestrian areas
and public spaces, a grid pattern street network with short and interconnected block and alley lengths, and innovative/flexible approaches to off-street parking requirements. Emphasis
is placed on the proximity and access of a subject development to public transit and alternate modes of transportation, with priority given to creating safe and pleasant pedestrian/bicycle
circulation patterns and linkages.
COMPLETELY ENCLOSED - A building separated on all sides from the adjacent open area, or from other buildings or other structures, by a permanent roof and by exterior walls or party walls,
pierced only by windows or entrances or exit doors normally provided, and open for the accommodation of persons, goods, or vehicles.
COMPOSTING - A controlled biological reduction of organic wastes to humus.
COMPREHENSIVE PLAN - The Comprehensive Plan of the City of Boynton Beach as adopted and amended and required by the Florida Statutes.
COMPUTATION OF TIME - In computing any period of time prescribed or allowed by this Code or Regulations, the day of the act, event or default from which the designated period of time
begins to run shall not be included. The last day of the period so computed shall be included unless it is a Saturday, Sunday or legal holiday in which event the period shall run until
the end of the next day which is neither a Saturday, Sunday or legal holiday. When the period of time prescribed or allowed is less than seven (7) days, intermediate Saturdays, Sundays
and legal holidays shall be excluded in the computation.
CONCEALED WIRELESS COMMUNICATION FACILITY - See "Wireless Communication Facility."
CONCEPTUAL FEEDBACK - General reaction to a thought or idea with the clear understanding that further development of the thought or idea will be considered only when it is in conformance
with all codes, ordinances, rules and regulations. Conceptual feedback neither provides nor implies either present or future waivers, variances, exceptions or exemptions from any codes,
ordinances, rules and/or regulations.
CONCURRENCY - The requirement that the necessary public facilities and services to maintain the adopted level of service standards are available when the impacts of development occur.
CONCURRENCY EXEMPTION DETERMINATION - A written certification by the Planning Director that a development order or permit is exempt with respect to meeting the concurrency requirements
for a particular public facility.
CONDITIONAL CERTIFICATION OF CONCURRENCY - The reasonable likelihood that the necessary public facilities would be provided by the developer, a governmental agency, or by other developers,
but that the conditions set forth herein cannot be met. The conditional certification of concurrency shall specify the public facilities which are to be constructed, timing of construction
and responsibility for construction. A conditional certification of concurrency shall reserve capacity in the public facilities which specified as such, until the conditional certification
of concurrency expires.
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Definitions
CONDITIONAL USE - See "Use, Conditional."
CONDOMINIUM - See "Property Owners Association."
CONSIGNMENT SHOP - See "Merchandise, Used."
CONSTRUCTION PLANS - Certified documents from which a complete review and analysis can be made of all required improvements without research and/or additional data.
CONTIGUOUS LANDS - Lands that abut each other or are separated only by streets, ways, easements, pipelines, powerlines, conduits or rights-of-way under ownership of the petitioner, a
governmental agency, a subdivision or a public or private utility. Also see the Florida Statutes in connection with annexation.
CONTRACTOR - A contractor undertakes trades of a type that are specialized to assist in building construction and remodeling. This definition includes but is not limited to heating,
air conditioning, plumbing, roofing, paving, underground, and landscaping.
CONTRACTOR'S WORKSHOP - An enclosed space used for the housing and/or operating of machinery, the provision of services, the fabrication of building-related products, and interior storage.
CONTRIBUTING PROPERTY - See “Historic Preservation.”
CONVALESCENT HOME - See “Group Home.”
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14B
Definitions
CONVENIENCE STORE - An establishment known as a convenience store or a food mart (except those with fuel pumps) is primarily engaged in retailing a limited line of goods that generally
includes milk, bread, soda, and snacks. The term “convenience store” does not include a store which is solely or primarily a restaurant.
CONVENTIONAL ZONING DISTRICT - All zoning districts which are not planned zoning districts. Whenever the words “conventional district” or “conventional zoning district” are used, they
are construed to exclude any or all of the following zoning districts: IPUD infill planned unit development; PUD planned unit development; MHPD mobile home planned development; PCD
planned commercial development; SMU suburban mixed use; MU-L1 mixed use-low intensity 1; MU-L2 mixed use-low intensity 2; MU-L3 mixed use-low intensity 3; MU-H mixed use-high intensity;
and PID planned industrial development.
CONVERTED PAPER PRODUCT PROCESSING - An establishment primarily engaged in converting paper or paperboard without manufacturing paper or paperboard. This use is limited to cutting,
stamping, folding, laminating, lining, coating, and treating of purchased paper, paperboard, foil, sheet, or film materials.
COPYING, PRINTING, AND SIGN DESIGN - An establishment primarily engaged in providing photocopying, duplicating, blueprinting, office support and printing services (excluding commercial
printing operations- see “publishing and commercial printing”). This use also includes the preparation of temporary signs such as banners, pennants, or other signs constructed of non-rigid
materials not intended for permanent display.
CORNER - See “Lot.”
COSMETICS, BEAUTY SUPPLY, AND PERFUME - An establishment primarily engaged in the retail sales of cosmetics, beauty supplies, perfumes, colognes, and the like.
COST ESTIMATE - A certified estimate of the cost of surveying, testing, all required improvements, supervision, profit, and overhead.
COUNSELING - An establishment that provides professional advice, therapy, and guidance for matters concerning but not limited to marriage and family, occupation and career, debt and
finance, mental health, and substance abuse. This use excludes administering medications and in-patient or resident care.
COUNTY - The words “the county” or “this county” shall mean the county of Palm Beach.
COUNTY ROAD SYSTEM - The county road system consisting of all collector roads in the unincorporated areas and all extensions of such collector roads into and through any incorporated
areas, all local roads in the unincorporated areas, and all urban minor arterial roads not in the State Highway System.
CROSSWALK - Any portion of a roadway at an intersection or elsewhere distinctly indicated for pedestrian crossing by lines or other markings on the surface.
CUL-DE-SAC - See “Street, Cul-de-sac.”
DAIRY PRODUCTS MFG - An establishment that manufactures dairy products from raw milk, processed milk, and dairy substitutes. This industrial use may include a subordinate commercial
component (i.e., tasting room, retail and facility tours) that is open to the public.
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DAY CARE - An establishment that provides care, protection and supervision for children or adults on a regular basis away from their primary residence for less than twenty-four (24)
hours per day. The term does not include facilities operated in conjunction with an employment use or other principal activity, where children are cared for while parents or custodians
are occupied on the premises or in the immediate vicinity.
DAY SPA - Spa facilities that have no overnight accommodations, but offer (an array of spa treatments administered by licensed and certified spa technicians) beauty, wellness and relaxation
programs that may last from a few minutes up to a full day.
DAY & TRADE LABOR POOL (TEMPORARY HELP) - An establishment engaged in providing temporary day or manual labor service for the construction, maintenance, agricultural, or industrial trades.
dBA - The total sound level of all noise as measured with a sound level measuring device using A-weighting network. The unit is decibel-based on a reference sound pressure of .0002
microbars.
DEAD END STREET - See “Street, Cul-de-sac.”
DEED RESTRICTION - Each workforce housing unit created under the program shall be deed restricted for thirty (30) years. The deed restriction shall be recorded and serve to restrict
the sales or rental price and/or the income of the purchaser or renter.
DEMOLITION - Any intentional dismantling, destruction, or removal of structures, utilities, public or private right-of-way surfaces, or similar property. Also see “Historic Preservation,
Demolition.”
DENSITY - The number of residential dwelling units permitted on a particular lot or within a project determined by dividing the applicable zoning district minimum lot size for one (1)
dwelling unit into the gross acreage of said lot. Density is always expressed in terms of dwelling units per gross acre (d.u./g.ac.).
DEPARTMENT OF TRANSPORTATION STATE STANDARDS - The most recent edition of all state standards and specifications.
DESIGN GUIDELINES HANDBOOK - See "Historic Preservation."
DEVELOPER - The owners of record executing the dedication required by F.S. § 177.081, and applying for approval of a plat of a subdivision pursuant to this chapter.
DEVELOPER'S ENGINEER - A professional engineer, registered in Florida, retained by the developer.
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Definitions
DEVELOPMENT - A single use or combination of uses, proposed or approved, that may include but not be limited to a single-family subdivision, townhomes, rental apartments, condominiums,
public facilities, commercial buildings, shopping centers, or industrial projects, possibly of similar design, constructed as a unified community. Development shall also include the
meaning given it in F.S. § 380.04, pursuant to a development order or permit. With respect to workforce housing, it shall mean a proposed development at one (1) location which includes
at least ten (10) residential units for which site plan approval is required. With respect to flood prevention requirements, it shall mean any man-made change to improved or unimproved
real estate, including but not limited to, buildings or other structures, tanks, temporary structures, temporary or permanent storage of equipment or materials, mining, dredging, filling,
grading, paving, excavations, drilling operations or any other land disturbing activities.
DEVELOPMENT ACTIVITY - Application for a master plan, site plan, rezoning, building permit, or variance, as it relates to the notice of intent section of these regulations.
DEVELOPMENT AGREEMENT - An agreement entered into between a local government and a person in connection with the approval of a development order or permit including, but not limited
to, a development agreement pursuant to F.S. § 163.3220, or an agreement on a development order issued pursuant to F.S. §§ 380.01 et seq.
DEVELOPMENT AREA - Under the provisions of the wireless communication facilities (WCF) section of these Regulations, it is the area occupied by a WCF including areas inside or under
the following: an antenna-support structure's framework, equipment cabinets, ancillary structures and access ways.
DEVELOPMENT ORDER - Any order granting, denying, or granting with conditions an application for a development permit. A development order becomes effective upon approval by the City
Commission.
DEVELOPMENT PERMIT - Any permit authorizing required improvements, building(s), zoning, rezoning, plat approval, certification, variance, or other action having the effect of permitting
commencement of development as defined in F.S. § 380.04, or any other official action or types of action by the city which, in the judgement of the City Manager, would permit the use
or development of land similar to any of the listed actions.
DEVELOPMENT, ELIGIBLE - Under the workforce housing provisions of these Regulations, an "eligible development" is a proposed development at one (1) location which includes at least ten
(10) residential units for which site plan approval is required.
DIET/NUTRITION CENTER - An establishment that conducts non-medical types of services to assist clients in attaining or maintaining a desired weight. The sale of weight reduction products,
such as food supplements, may be an integral component of the program. These services typically include individual or group counseling, menu and exercise planning, and weight and body
measurement monitoring.
DISTRIBUTOR - Any individual or business entity engaged in the dissemination of any publication utilizing a newsrack located in the city.
DISTRICT, PLANNED ZONING - See "Planned Zoning District."
DISTRICT, COMMERCIAL ZONING - See "Commercial Zoning District."
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DISTRICT, HISTORIC - See "Historic Preservation."
DISTRICT, INDUSTRIAL ZONING - See "Industrial Zoning District."
DISTRICT, MISCELLANEOUS ZONING - See "Miscellaneous Zoning District."
DISTRICT, MIXED USE ZONING - See "Mixed Use Zoning District."
DISTRICT, RESIDENTIAL ZONING - See "Residential Zoning District."
DISTRICT, ZONING - See "Zoning District."
DOCTOR'S OFFICE - See "Medical or Dental Office."
DRIP LINE - A vertical line running through the outermost part of the crown of a tree and extending to the ground.
DRIVEWAY, MINOR - The paved area between a public street and private property intended to provide ingress and egress for vehicular traffic from the public streets or thoroughfare to
a definite area of private property, or which connects parking aisles or provides access to parking aisles. A minor driveway is one that serves an average daily traffic (ADT) volume
of not more than five hundred (500) vehicles (trips) per day. Location and driveway width is set forth in the Engineering Design Handbook and Construction Standards.
DRIVEWAY, INTERMEDIATE - The paved area between a public street and private property intended to provide ingress and egress for vehicular traffic from the public streets or thoroughfare
to a definite area of private property, or which connects parking aisles or provides access to parking aisles. An intermediate driveway is one that serves an average daily traffic (ADT)
volume greater than five hundred (500) vehicles (trips) per day, but not more that two thousand (2,000) vehicles (trips) per day. Location and driveway width is set forth in the Engineering
Design Handbook and Construction Standards.
DRIVEWAY, MAJOR - The paved area between a public street and private property intended to provide ingress and egress for vehicular traffic from the public streets or thoroughfare to
a definite area of private property, or which connects parking aisles or provides access to parking aisles. A major driveway is one that serves an average daily traffic (ADT) volume
in excess of two thousand (2,000) vehicles (trips) per day. Location and driveway width is set forth in the Engineering Design Handbook and Construction Standards.
DRUG STORE - See "Pharmacy & Drug Store."
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Definitions
DRY CLEANER - An establishment that dry cleans or launders articles of clothing and garments that are deposited on the premises directly by the customer. The cleaning and/or laundering
of articles of clothing/ garments may occur either on or off the premises. The business is small-scale and not intended to perform as a dry cleaning plant.
DRY CLEANING PLANT - An establishment that cleans fabrics, textiles, wearing apparel, or articles of any sort by immersion and agitation, or by immersions only, in volatile solvents
including, but not by way of limitations, solvents of the petroleum distillate type, and/or the chlorinated hydrocarbon type, and the processes incidental thereto. These establishments
are typically not open to the general public and primarily cater to a commercial and/or industrial clientele.
DUPLEX - See “Dwelling, Two-family (Duplex).”
DWELLING - A building or portion thereof used exclusively for residential occupancy or habitation, but excluding hotels and motels, group homes, boats, recreation vehicles, tents, and
the like.
DWELLING, MULTI-FAMILY - A building, typically referred to as an apartment or condominium, containing three (3) or more dwelling units, all of which share a common vestibule.
DWELLING, SINGLE-FAMILY (DETACHED) - A detached building or modular structure containing one (1) dwelling unit entirely surrounded by open space and not attached to another dwelling
unit's foundation or roof or joined at one (1) or more sides by a tenant separation (party) wall or walls.
DWELLING, TWO-FAMILY (DUPLEX) - A detached building containing two (2) dwelling units, both of which share a common tenant separation (party) wall, and each unit has direct access to
the outside.
DWELLING UNIT (DU) - A residential unit comprised of one (1) or more habitable rooms connected together, providing complete, independent, living facilities for a single family, and which
includes permanent provisions for living, cooking, eating, sleeping, and sanitation. For the purposes of determining impact fees, the term "residential unit" shall be considered an
apartment, condominium, single-family detached house, mobile home, single-family attached house, or multi-family housing established for human habitation.
EASEMENT - Any strip of land created by a subdivider for public or private utilities, drainage, sanitation, or other specified uses having limitations, the title to which shall remain
in the name of the property owner, subject to the right of use designated in the reservation of the servitude.
EASEMENT, LIMITED ACCESS - A strip of land which does not permit access except at authorized and controlled points.
ECONOMIC HARDSHIP - See “Historic District.”
ECOSYSTEM - An assemblage of living organisms (plants, animals, microorganisms, etc.) that functions as a dynamic whole through organized energy flows.
EGRESS - An exit.
EFFECT - See “Historic District.”
EFFICIENCY - See “Apartment, Efficiency.”
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ELECTRIC VEHICLE (EV) - Any vehicle that operates, either partially or exclusively, on electrical energy from the grid, or an off-board source, that is stored on-board for motive purpose.
ELECTRIC VEHICLE (EV) CHARGING LEVELS - Three levels of battery charging are generally as follows:
LEVEL 1 - Considered slow charging. It requires a 15 or 20 amp breaker on a 120-volt Alternating Current (AC) circuit and standard outlet. This level of charging can fully recharge a
Battery Electric Vehicle (BEV) between eight (8) and thirty-two (32) hours;
LEVEL 2 - Considered medium charging. It requires a 40 amp to 100 amp breaker on a 240-volt circuit. This level of charging can fully recharge a BEV between 4 and 6 hours; and
LEVEL 3 - Considered fast or rapid charging (a.k.a. "DC fast charge"). It requires a 60 amp or higher dedicated breaker on a 480-volt or higher three-phase circuit with special grounding
equipment. Charging time ranges from 25 minutes to 40 minutes.
ELECTRIC VEHICLE (EV) CHARGING STATION - A public or private parking space located together with a battery charging station that permits the transfer of electric energy (by conductive
or inductive means) to a battery or other storage device in an electric vehicle.
PUBLIC - A publicly accessible EV charging station is either 1) publicly owned or publicly available (e.g., public library or City Hall lot) or 2) privately owned and publicly available
(e.g., shopping center, non-reserved parking in multi-family developments, etc.).
PRIVATE - An EV charging station that is either 1) privately owned and has restricted access (e.g., single-family home, multi-family parking) or 2) publicly owned and has restricted
access to the general public (e.g., fleet vehicle parking for police).
ELECTRICAL EQUIPMENT, APPLIANCE & COMPONENT ASSEMBLY - An establishment that assembles products, finished parts, and materials which generate, distribute and use electrical power.
ELECTRONICS AND APPLIANCE STORE - An establishment primarily engaged in retailing televisions, stereos, and other home/car electronic appliances. This use would include the retailing
of cameras and other audio-visual equipment. The repair of this merchandise is incidental to the principal use (retail sales).
ELEVATED BUILDING - Building without a basement in which the lowest floor is elevated above the ground.
ELIGIBLE OCCUPANT - Relative to the workforce housing program contained in these Regulations, it is a person who qualifies for participation in the program whose income does not exceed
one hundred twenty percent (120%) of median household income for Palm Beach County as set by HUD. Priority will be given to persons who have lived or worked within the city limits of
Boynton Beach continually for one (1) year immediately prior to the date of application for a workforce housing unit.
ENDANGERED, THREATENED, AND RARE SPECIES OF SPECIAL CONCERN - Species listed as endangered, threatened, rare or of special concern by one (1) or more of the following agencies: U.S.
Fish and Wildlife Service; Florida Game and Fresh Water Fish Commission; Florida Committee on Rare and Endangered Plants and Animals; Florida Department of Agriculture; and Treasure
Coast Regional Planning Council.
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Definitions
ENGINEER - A person registered as a professional engineer in the State of Florida, in accordance with F.S. Chapter 471, who is in good standing with the Florida Board of Professional
Engineers.
ENLARGEMENT OR TO ENLARGE - An enlargement is an addition to the floor area of an existing building, an increase in the size of any structure, or an increase in that portion of a tract
of land occupied by an existing use.
ENTERTAINMENT, INDOOR - An establishment primarily engaged in operating amusement arcades/parlors, billiard halls, bowling alleys, paint ball, shooting ranges, skating rinks, playground
and play centers, and the like. Arcades include any electric or electronic machines (i.e. pinball, video games) which provide amusement, enjoyment, or entertainment, and must comply
with F.S. Chapter 849. See “Amusement Arcade.”
ENTERTAINMENT, OUTDOOR - An establishment offering recreation, entertainment, or games of skill to the general public for a fee or charge wherein any portion of the activity occurs in
the open. Typical uses include but are not limited to amusement and water parks, skateboarding, batting cages, miniature golf and driving ranges, tennis clubs, and other types of recreation
and entertainment not otherwise defined.
ENVIRONMENTALLY SENSITIVE LANDS - Ecological sites (ecosites) representing high quality native Florida ecosystems.
EQUIPMENT CABINET - Under the provisions of the wireless communication facilities section of these Regulations, it is any structure such as a cabinet, shelter, or pedestal used to exclusively
contain radio or other equipment necessary for the transmission or reception of wireless communication signals.
EQUIPMENT COMPOUND - The fenced area surrounding a wireless communication facility including the areas inside or under the following: an antenna support structure's framework and ancillary
structures such as equipment necessary to operate the antenna on the including cabinets, shelters, pedestals, and other similar structures.
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20B
Definitions
ESSENTIAL SERVICES AND INFRASTRUCTURE - Services and infrastructure provided by governmental entity or public/private utility, such as underground, surface, or overhead electrical, gas,
steam, water, sanitary sewage, and stormwater drainage structures, which are necessary for the health, safety, and general welfare of the public. This use excludes wireless communication
facilities (WCF).
EXCAVATION OR EXCAVATING - The removal of materials from either above or below the water table and/or the grading, mixing or spreading of materials.
EXEMPTION DETERMINATION - See "Concurrency Exemption Determination."
EXPRESSWAY - A street shown or described as such according to the current or most recent functional classification system contained in the City of Boynton Beach Comprehensive Plan, as
adopted and amended.
EXTERIOR DISPLAY - The display of merchandise, as an accessory use to a lawful principal use, outside of the walls of the building or within any area which is not fully enclosed by building
walls, in such a manner so as to allow for viewing or inspection of merchandise by customers.
EXTERIOR STORAGE - The keeping of merchandise, materials, equipment or supplies, and the like, outside of the walls of a building or within any area which is not fully enclosed by building
walls, which is generally not for the purpose of allowing inspection or viewing by customers.
EXTERMINATING AND PEST CONTROL - An establishment offering the control and elimination of insects, rodents or other pests by eliminating their harborage places by removing or making
inaccessible materials that may serve as their food; by poisoning, spraying, fumigating, trapping; or by any other recognized and legal pest elimination method.
FAA - The Federal Aviation Administration.
FAMILY - One (1) or more persons occupying a single dwelling unit and using common cooking facilities. Families who provide care in their own home as duly state licensed foster family
homes, in which dependent children have been duly placed by the State of Florida, and which include not more than five (5) children (both natural and foster) in the household, are expressly
included within this term.
FAMILY DAY CARE - A residence providing day care services for a number of children which is limited in accordance with Florida law, and which shall be construed to be an accessory use
to any dwelling unit located in a residential or PU district, or in any commercial zoning district, excluding C-4 district.
FARM - See "Garden."
FARM STAND - A temporary sales table or kiosk that is used for the retail sales of fruits, vegetables, nuts, or herbs in connection with a community garden.
FCC - The Federal Communications Commission.
FEDERAL EMERGENCY MANAGEMENT AGENCY (FEMA) - The federal agency that, in addition to carrying out other functions, administers the National Flood Insurance Program.
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FEED LINES (ICEBRIDGE OR BRIDGE) - Cables used as the interconnecting media between the transmission/receiving base station and the antenna.
FESTOONS - Strings of ribbons, lights, tinsel, small flags, discs, spinners, pinwheels or any device propelled by natural forces used for the purpose of attracting attention.
FIRST TIME HOME BUYER - A person who has not held ownership in a residence within the past three (3) years.
FLAG - A piece of cloth used as the national, state, municipal, civic or church symbol, registered corporate logo, or internationally recognized symbol, properly displayed in accordance
with published federal, state, municipal, civic or church adopted guidelines and displayed on a designated pole located in a proper holder or in other ways approved by an appropriate
national, state, municipal, civic or church agency.
FLOOD (FLOODING) - A general and temporary condition of partial or complete inundation of normally dry land areas from the overflow of inland or tidal waters or the unusual and rapid
accumulation of runoff of surface waters from any source.
1. ALTERATION OF A WATERCOURSE - A dam, impoundment, channel relocation, change in channel alignment, channelization, or change in cross-sectional area of the channel or the channel
capacity, or any other form of modification which may alter, impede, retard or change the direction and/or velocity of the riverine flow of water during conditions of the base flood.
2. AREA OF SHALLOW FLOODING - A designated AO or VO zone on a community's flood insurance rate map (FIRM) with base flood depths from one (1) to three (3) feet where a clearly defined
channel does not exist, where the path of flooding is unpredictable and indeterminate, and where velocity flow may be evident.
3. ASCE 24 - A standard titled Flood Resistant Design and Construction that is referenced by the Florida Building Code. ASCE 24 is developed and published by the American Society of
Civil Engineers, Reston, VA.
4. BASE FLOOD - A flood having a one percent (1%) chance of being equaled or exceeded in any given year. The base flood is commonly referred to as the "one hundred (100) year flood"
or the "one percent (1%) annual chance flood."
5. BASE FLOOD ELEVATION - The elevation of the base flood, including wave height, relative to the National Geodetic Vertical Datum (NGVD), North American Vertical Datum (NAVD) or other
datum specified on the Flood Insurance Rate Map (FIRM).
6. BASEMENT - The portion of a building having its floor subgrade (below ground level) on all sides.
7. COASTAL CONSTRUCTION CONTROL LINE - The line established by the State of Florida pursuant to F.S. § 161.053, and recorded in the official records of the community, which defines that
portion of the beach-dune system subject to severe fluctuations based on a one hundred (100)-year storm surge, storm waves or other predictable weather conditions.
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Definitions
8. COASTAL HIGH HAZARD AREA - The area below the elevation of the category 1 storm surge line as established by a Sea, Lake, and Overland Surges from Hurricanes (SLOSH) computerized
storm surge model.
9. DESIGN FLOOD - The flood associated with the greater of the following two (2) areas: 1) area with a floodplain subject to a one percent (1%) or greater chance of flooding in any year;
or 2) area designated as a flood hazard area on the community's flood hazard map, or otherwise legally designated.
10. DESIGN FLOOD ELEVATION - The elevation of the "design flood," including wave height, relative to the datum specified on the community's legally designated flood hazard map. In areas
designated as Zone AO, the design flood elevation shall be the elevation of the highest existing grade of the building's perimeter plus the depth number (in feet) specified on the flood
hazard map. In areas designated as Zone AO where the depth number is not specified on the map, the depth number shall be taken as being equal to two (2) feet.
11. ENCROACHMENT - The placement of fill, excavation, buildings, permanent structures or other development into a flood hazard area which may impede or alter the flow capacity of riverine
flood hazard areas.
12. FLOOD DAMAGE-RESISTANT MATERIALS - Any construction material capable of withstanding direct and prolonged contact with floodwaters without sustaining any damage that requires more
than cosmetic repair.
13. FLOOD HAZARD AREA - The greater of the following two (2) areas: 1) the area within a floodplain subject to a one percent (1%) or greater chance of flooding in any year; and/or 2)
the area designated as a flood hazard area on the community's flood hazard map, or otherwise legally designated.
14. FLOOD HAZARD BOUNDARY MAP (FHBM) - An official map of a community issued by the Federal Emergency Management Agency where the boundaries of the areas of special flood hazard have
been defined.
15. FLOOD INSURANCE RATE MAP (FIRM) - An official map of a community on which the Federal Emergency Management Agency has delineated both the areas of special flood hazard and the risk
premium zones applicable to the community.
16. FLOOD INSURANCE STUDY - The official report provided by the Federal Emergency Management Agency which contains flood profiles, flood boundary-floodway map and water surface elevation
of the base flood.
17. FLOODWAY ENCROACHMENT ANALYSIS - An engineering analysis of the impact that a proposed encroachment into a floodway is expected to have on the floodway boundaries and base flood
elevations; the evaluation shall be prepared by a qualified Florida licensed engineer using standard engineering methods and models.
18. FUNCTIONALLY DEPENDENT USE - A use which cannot perform its intended purpose unless it is located or carried out in close proximity to water, including only docking facilities, port
facilities that are necessary for the loading and unloading of cargo or passengers, and ship building and ship repair facilities; the term does not include long term storage or related
manufacturing facilities.
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19. HIGHEST ADJACENT GRADE - The highest natural elevation of the ground surface prior to construction next to the proposed walls or foundation of a structure.
20. LETTER OF MAP CHANGE (LOMC) - An official determination issued by FEMA that amends or revises an effective Flood Insurance Rate Map or Flood Insurance Study. Letters of Map Change
include:
a. LETTER OF MAP AMENDMENT (LOMA) - An amendment based on technical data showing that a property was incorrectly included in a designated special flood hazard area. A LOMA amends the
current effective Flood Insurance Rate Map and establishes that a specific property, portion of a property, or structure is not located in a special flood hazard area.
b. LETTER OF MAP REVISION (LOMR) - A revision based on technical data that may show changes to flood zones, flood elevations, special flood hazard area boundaries and floodway delineations,
and other planimetric features.
c. LETTER OF MAP REVISION BASED ON FILL (LOMR-F) - A determination that a structure or parcel of land has been elevated by fill above the base flood elevation and is, therefore, no
longer located within the special flood hazard area. In order to qualify for this determination, the fill must have been permitted and placed in accordance with the community's floodplain
management regulations.
d. CONDITIONAL LETTER OF MAP REVISION (CLOMR) - A formal review and comment as to whether a proposed flood protection project or other project complies with the minimum NFIP requirements
for such projects with respect to delineation of special flood hazard areas. A CLOMR does not revise the effective Flood Insurance Rate Map or Flood Insurance Study; upon submission
and approval of certified as-built documentation, a Letter of Map Revision may be issued by FEMA to revise the effective FIRM.
21. LOWEST FLOOR - The lowest floor of the lowest enclosed area of a building or structure, including basement, but excluding any unfinished or flood-resistant enclosure, other than
a basement, usable solely for vehicle parking, building access or limited storage provided that such enclosure is not built so as to render the structure in violation of the non-elevation
requirements of the Florida Building Code or ASCE 24.
22. SAND DUNES - Naturally occurring accumulations of sand in ridges or mounds landward of the beach.
23. SPECIAL FLOOD HAZARD AREA - Land in the floodplain subject to a one percent (1%) or greater chance of flooding in any given year. Special flood hazard areas are shown on FIRMs as
Zone A, AO, A1, A30, AE, A99, AH, V1, V30, VE or V.
FLOODWAY - The channel of a watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation
more than one (1) foot.
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Definitions
FLOOR AREA RATIO (FAR) - A mathematical expression determined by dividing the gross floor area (GFA) of a building by the area of the lot on which it is located. Gross floor area/lot
area = FAR.
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22D
Definitions
FLORIDA BUILDING CODE (FBC) - The family of codes adopted by the Florida Building Commission, including: Florida Building Code, Building; Florida Building Code. Residential; Florida
Building Code, Existing Building; Florida Building Code, Mechanical; Florida Building Code, Plumbing; Florida Building Code, Fuel Gas.
FLORIDA MASTER SITE FILE - See “Historic Preservation.”
FLORIDA-FRIENDLY LANDSCAPING - The principles of Florida-Friendly Landscaping include planting the right plant in the right place, efficient watering, appropriate fertilization, mulching,
attraction of wildlife, responsible management of yard pests, recycling yard waste, reduction of stormwater runoff, and waterfront protection. Additional components of Florida-Friendly
Landscape include planning and design, soil analysis, the use of solid waste compost, practical use of turf, and proper maintenance. The following definitions shall also apply:
1. AQUASCAPE - The planting of aquatic and wetland plants in the enhancement, restoration, or creation of freshwater, estuarine, or marine systems.
2. AUTOMATIC CONTROLLER - An electronic device, capable of automated operation of valve stations to set the time, duration and frequency of a water application based upon soil moisture
probes.
3. BEST MANAGEMENT PRACTICES - Turf and landscape practices or combination of practices based on research, field-testing, and expert review, determined to be the most effective and practicable
on-location means, including economic and technological considerations, for improving water quality, conserving water supplies and protecting natural resources. See “Biointensive Integrated
Pest Management.”
4. COMMERCIAL FERTILIZER APPLICATOR - Any person who applies fertilizer on turf and/or landscape plants in the city in exchange for money, goods, services or other valuable consideration.
5. CONSTANT PRESSURE/FLOW CONTROL - A device that maintains a constant flow, pressure, or both.
6. EMITTER - This term primarily refers to devices used in microirrigation systems.
7. FERTILIZE, FERTILIZING, OR FERTILIZATION - The act of applying fertilizer or fertilizer product to turf, specialized turf, or landscape plant.
8. FERTILIZER - Any substance or mixture of substances, except pesticide/fertilizer mixtures such as “weed and feed” products, that contains one (1) or more recognized plant nutrients
and promotes plant growth, or controls soil acidity or alkalinity, or provides other soil enrichment or provides other corrective measures to the soil.
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9. FILTER - A device in irrigation distribution systems that separates sediment or other foreign matter.
10. GROUND COVER - Low growing plants, other than turf grass, used to cover the soil and form a continuous, low mass of foliage.
11. GUARANTEED ANALYSIS - The percentage of plant nutrients or measures of neutralizing capability claimed to be present in a fertilizer.
12. HARDSCAPE - Impervious areas such as patios, decks, driveways, paths and sidewalks that do not require irrigation.
13. HIGH WATER USE PLANTS - Plants that require irrigation to provide supplemental water on a regular basis throughout the year, or are so identified by a regulatory agency having jurisdiction.
When placed in a naturally high water table area appropriate to the plant such that irrigation is not required, such plants shall not be considered high water use for the purposes of
the Florida-Friendly standards.
14. HYDROZONE - A distinct grouping of plants with similar water needs and climatic requirements.
15. INFILTRATION RATE - The rate of water entry into the soil expressed as a depth of water per unit of time (inches per hour).
16. INTEGRATED PEST MANAGEMENT (IPM) - An effective and environmentally sensitive approach to pest management that relies on a combination of common-sense practices. IPM programs use
current comprehensive information on the life cycles of pests and their interaction with the environment. This information, in combination with available pest control methods, is used
to manage pest damage by the most economical means, and with the least possible hazard to people, property, and the environment.
17. IRRIGATED LANDSCAPE AREA - All outdoor areas that require a permanent irrigation system.
18. IRRIGATION SYSTEM - A constructed watering system designed to transport and distribute water to plants.
19. IRRIGATION ZONE - A grouping of sprinkler heads or microirrigation emitters operated simultaneously by the control of one (1) valve.
20. LANDSCAPED AREA - The entire parcel: less the building footprint, driveways, hardscape and other impervious areas, such as decks, patios, and non-porous areas. Water features are
included in the calculation of the landscaped area.
21. LOW-FLOW POINT APPLICATORS - Irrigation applicators with output less than sixty (60) gallons per hour (gph).
22. LOW MAINTENANCE ZONE - An area with a minimum of six (6) feet in width, adjacent to water courses, which is planted and managed in order to minimize the need for fertilization, watering,
mowing, etc.
23. LOW WATER USE PLANTS - Permanent plants that do not need supplemental water beyond natural rainfall, or are so identified by a regulatory agency having jurisdiction not needing irrigation
to survive.
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Definitions
24. MICROCLIMATE - The climate of a specific area in the landscape that has substantially differing sun exposure, temperature, or wind than surrounding areas or the area as a whole,
resulting in different needs and requirements.
25. MICROIRRIGATION (LOW VOLUME) - The application of small quantities of water directly on or below the soil surface, usually as discrete drops, tiny streams, or miniature sprays through
emitters placed along the water delivery pipes (laterals). Microirrigation encompasses a number of methods or concepts including drip, subsurface, bubbler, and spray irrigation, previously
referred to as trickle irrigation, low volume, or low flow irrigation.
26. MODERATE WATER USE PLANTS - Plants that need supplemental water during seasonal dry periods.
27. MOISTURE SENSING DEVICE OR SOIL MOISTURE SENSOR - A device to indicate soil moisture in the root zone for the purpose of controlling an irrigation system based on the actual needs
of the plant.
28. MULCH - Non-living, organic, or synthetic materials customarily used in landscape design to retard erosion and retain moisture.
29. NATIVE VEGETATION - Any plant species with a geographic distribution indigenous to all, or part, of the State of Florida as identified in: Wunderlin, R. P. 1998. Guide to the Vascular
Plants of Florida. University Press of Florida, Gainesville.
30. NON-COMMERCIAL APPLICATOR - Any person that applies fertilizer for the purpose of maintaining turf and/or landscape plants. Non-commercial applicators shall include but not be limited
to owners and managers of public lands, schools, parks, religious institutions, utilities, and any residential properties maintained in condominium and/or common ownership.
31. PASTURE - Land used for livestock grazing that is managed to provide feed value.
32. PLANT BED - A grouping of trees, shrubs, ground covers, perennials or annuals growing together in a defined area devoid of turfgrass, normally using mulch around the plants.
33. PLANT COMMUNITIES - An association of plants that are dominated by one (1) or more prominent species, or a characteristic physical attribute.
34. POINT OF CONNECTION (POC) - The location where an irrigation system is connected to a water supply.
35. POP-UP SPRAYS - Spray heads that pop up with water pressure and provide a continuous spray pattern throughout a given arc of operation.
36. PRESSURE TANK - A pressurized holding tank for irrigation water.
37. PROHIBITED APPLICATION PERIOD - The time period during which a Flood Watch or Warning, or a Tropical Storm Watch or Warning, or a Hurricane Watch or Warning is in effect for any
portion of the City of Boynton Beach issued by the National Weather Service, or if heavy rain is likely.
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38. PUMP CYCLING - Irrigation pump coming on and shutting off frequently during operation of irrigation systems.
39. RAIN SENSOR DEVICE - A low voltage electrical or mechanical component placed in the circuitry of an automatic irrigation system that is designed to turn oft a sprinkler controller
when precipitation has reached a pre-set quantity. Required by law (F.S. § 373.62) on all automatic irrigation systems since 1991.
40. SITE APPROPRIATE PLANT - A plant that after establishment, will thrive within the environmental conditions that are normal for a specific location without artificial supplements
such as irrigation.
41. “SLOW RELEASE,” “CONTROLLED RELEASE,” “TIMED RELEASE,” “SLOWLY AVAILABLE” or “WATER INSOLUBLE NITROGEN” - Nitrogen in a form which delays its availability for plant uptake and use
after application, or which extends its availability to the plant longer than a reference rapid or quick release product.
42. SOD OR LAWN - A piece of turf-covered soil held together by the roots of the turf.
43. SOIL MOISTURE SENSOR - See “Moisture Sensing Device.”
44. SOIL TEXTURE - The classification of soil based on the percentage of sand, silt, and clay in the soil.
45. TURF (TURFGRASS) - A mat layer of monocotyledonous plants such as, but not limited to, Bahia, Bermuda, Centipede, Paspalum, St. Augustine, and Zoysia.
46. VALVE - A device used to control the flow of water in the irrigation system.
47. WATER USE ZONE - See “Hydrozone.”
FLORIST - An establishment primarily engaged in retailing cut flowers, floral arrangements, and potted plants purchased from others. These establishments usually prepare the arrangements
they sell.
FOOD PROCESSING - An establishment primarily engaged in processing canned, pickled, and dried fruits, vegetables, specialty foods, snacks, confections, and spices. This industrial use
may include a subordinate commercial component (i.e., tasting room, retail and facility tours) that is open to the public.
FOOTWEAR & OTHER LEATHER PRODUCTS - An establishment primarily engaged in manufacturing and fabricating footwear and other leather products from purchased leather or leather substitutes
(i.e., fabric, plastics).
FORTUNE TELLER, PALM READER, OR PSYCHIC - An establishment that primarily offers opinions or interpretations of a person's personal character; foretelling of the future; or advice based
upon astrology, numerology, card, or tea reading, clairvoyance, crystal gazing, palmistry, phrenology, and the like.
FOSTER CHILD - A child in foster care who has been placed in a foster home by the State of Florida.
FOSTER HOME OR FOSTER CARE, FOR CHILDREN - A family foster home as defined by the Florida Statutes, and which conforms to the definition of “family.”
FRONTAGE STREET - See “Street, Marginal Access.”
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Definitions
FROZEN FOOD - An establishment primarily engaged in processing and freezing fruit, juices, vegetables, and specialty foods, such as dinners, entrees, and side dishes; pizza; whipped
toppings; and waffles, pancakes, and french toast. This industrial use may include a subordinate commercial component (i.e., tasting room, retail and facility tours) that is open to
the public.
FUNCTIONAL CLASSIFICATION - The assignment of roads and streets into systems according to the character of service they provide in relation to the total road network. Basic functional
categories include arterial roads, collector roads and local roads which may be subdivided into principal, major or minor levels. Those levels may be additionally divided into rural
and urban categories.
FUNCTIONALLY DEPENDENT FACILITY - A facility which cannot be used for its intended purpose unless it is located or carried out in close proximity to water, such as a docking or port
facility necessary for the loading and unloading of cargo or passengers, shipbuilding, ship repair or seafood processing. The term does not include long-term storage, manufacture, sales
or service facilities.
FUNERAL HOME - An establishment engaged in preparing the dead for burial or interment and conducting funerals (i.e., providing facilities for wakes, arranging transportation for the
dead, selling caskets and related merchandise). This would include a crematorium as an allowable accessory use.
FURNITURE & HOME FURNISHING - An establishment that engages in the retail sales of furniture and related home accessories.
FURNITURE PRODUCTS - An establishment that makes or repairs furniture and related articles, such as mattresses, window blinds, cabinets, and fixtures. The processes used in the manufacturing
of furniture include the cutting, bending, molding, laminating, and assembly of such materials as wood, metal, glass, plastics, and rattan. This use also includes furniture repair,
refinishing, and reupholstering.
GARBAGE - Animal and vegetable waste resulting from the handling, preparation, cooking, and consumption of food.
GARDEN - A planned outdoor space on a lot that is set aside for the cultivation and harvest of fruits, vegetables, nuts, or herbs for human consumption, limited to those foods requiring
only a superficial washing prior to consumption. A garden is categorized as follows:
1. ACCESSORY GARDEN - A garden used in connection with, subordinate to, and on the same lot as a lawful principal use, such as a “dwelling” (e.g., single-family, duplex) or “restaurant”
establishment.
2. COMMUNITY GARDEN - A principal use, which may include community supported agriculture (CSA), consisting of an area managed and maintained by an individual, group, or business establishment,
with the intent to grow and harvest food. Accessory retail sales may be allowed on-site where located in commercial and mixed use districts, and if in conjunction with a temporary activity
approved through the city's special events approval process.
GASOLINE STATION WITH CONVENIENCE STORE - An establishment engaged in retailing automotive fuels (i.e., diesel fuel, gasohol, gasoline), which may be in combination with convenience
store or food mart items. These establishments can either be in a convenience store (i.e., food mart) setting or a gasoline station setting. It may include “automotive, minor repair”
as an accessory use.
GAZEBO - See “Open-air Structure.”
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GENDER - A word importing the masculine gender only may extend and be applied to females and to firms, partnerships and corporations as well as to males.
GENERAL DEVELOPMENT PLAN - Also known as the Comprehensive Plan, it is the official public document adopted by the City of Boynton Beach in accordance with Florida law, as a policy guide
to present and future land use decisions.
GEOGRAPHIC SEARCH AREA - An area designated by a wireless provider or operator for a new base station, produced in accordance with generally accepted principles of wireless RF engineering.
GLASS AND MIRROR - An establishment primarily engaged in the cutting and beveling of flat glass and mirror. The establishment may also sell, install, or repair windows, screens, acrylics,
and other types of glass products.
GLASS PRODUCTS - An establishment primarily engaged in processing (i.e. coating, laminating, tempering, shaping) purchased glass and/or glass products.
GOVERNING BODY - Means the City Commission of the City of Boynton Beach.
GOVERNMENT - A principal or accessory use that provides both essential and non-essential services/infrastructure to promote the health, safety, and general welfare of the public. For
clarification, this use does not include wireless communication facilities, "Schools," or "Social Service Agencies." The five (5) categories of governmental uses are as follows:
1. MUNICIPAL OFFICE/EMERGENCY/CIVIC FACILITIES - A municipal use such as an administrative office, public safety station or substation, civic center, library, recreational centers, and
other similar uses that are typically accessed by the public, including public parking facilities.
2. MUNICIPAL UTILITY/SUPPORT FACILITIES - A municipal use such as an electric power facility, wastewater treatment plant, recycling center, solid waste transfer station, and maintenance/storage
facility that provides an essential utility or support service without direct access to the facility by the public.
3. NON-MUNICIPAL OFFICE FACILITIES - A non-municipal governmental or quasi-public use, excluding a "Post Office," which typically functions in a regulatory capacity and directly serves
the public, such as administrative offices (e.g.. employment, health, public assistance, etc.), motor vehicle registration and licensing services, and judicial buildings.
4. NON-MUNICIPAL UTILITY/SUPPORT FACILITIES - A non-municipal governmental or quasi-public use that provides essential utility and support services and infrastructure to the public such
as an electric power facility, wastewater treatment plant, recycling center, solid waste transfer station, maintenance/storage facility, or bus/train station.
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Definitions
5. POST OFFICE - A government operated facility that provides mail delivery services, post office boxes, offices, vehicle storage areas, and sorting and distribution facilities for mail.
GRADE, FINISHED - The average level of the finished surface of the ground adjacent to the exterior walls of the structure.
GRADE SEPARATED INTERSECTIONS - Use of the term grade separated intersections shall mean any intersection wherein one (1) road passes over another road by means of a bridge or an overpass.
GRADES & STANDARDS FOR NURSERY PLANTS - The Standards for Florida No. 1 or better as given in "Grades and Standards for Nursery Plants" Part I, 1963 and Part II, State of Florida, Department
of Agriculture, Tallahassee, or equal thereto. These standards are amended from time to time.
GREENWAY - A protected corridor of open space that is managed for conservation, recreation, transportation, or a combination thereof; and which may serve to protect natural habitats
while providing a connection or linkage to important nodes, such as neighborhoods, parks, and other places of interest.
GROCERY STORE - An establishment (generally known as a supermarket) is primarily engaged in retailing a general line of food, such as canned and frozen foods; fresh fruits and vegetables;
and fresh and prepared meats, fish, and poultry, and those services customarily incidental to the principal use.
GROSS FLOOR AREA (GFA) - The total floor area of a building or a use occupying part of a building, measured from centerlines of partitions and exterior of outside walls. Gross floor
area shall include all floor area occupied by the main or principal use, plus any floor area occupied by accessory uses such as storage rooms, maintenance and mechanical rooms, offices,
lounges, restrooms, lobbies, basements, mezzanines and hallways.
GROUNDWATER - Water occurring beneath the surface of the ground, whether or not flowing through known or definite channels.
GROUP HOME - A facility that provides short-term or long-term lodging for three (3) or more unrelated individuals in dwelling units or sleeping rooms which operate primarily on a referral
basis from state, county,
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or local social service agencies and/or self-help programs. These facilities may offer in addition to lodging accommodations, meals, resident support services, counseling, guidance
and varying levels of medical care. The term "group home" includes but is not limited to nursing homes, adult congregate living facilities (ACLF), assisted living facilities (ALF),
group care homes, community residential homes, recovery homes, and residential treatment facilities. The following are group homes defined by type:
1. TYPE 1 - A home of not more than six (6) residents which is licensed to serve clients of the Florida Department of Health and Rehabilitative Services and which provides a living environment
for residents who operate as a functional equivalent of a family, including such supervision and care by supportive staff as may be necessary to meet the physical, emotional, and social
needs of the residents, but which may or may not be licensed by the Florida Department of Health and Rehabilitative Services.
2. TYPE 2 - A home or facility with no less than seven (7) or more than fourteen (14) residents which is licensed to serve clients of the Florida Department of Health and Rehabilitative
Services and which provides for a living environment for residents, including such supervision and care by supportive staff as may be necessary to meet the physical, emotional, and social
needs of the residents, but which are not licensed by the Florida Department of Health and Rehabilitative Services. This definition includes all facilities operating for such purpose
or intent, but which may or may not be licensed by the Florida Department of Health and Rehabilitative Services.
3. TYPE 3 - A home or facility with fifteen (15) or more residents which is licensed to serve clients of the Florida Department of Health and Rehabilitative Services and which provides
for a living environment for residents, including such supervision and care by supportive staff as may be necessary to meet the physical, emotional, and social needs of the residents.
This definition includes all facilities operating for such purpose or intent, but which may or may not be licensed by the Florida Department of Health and Rehabilitative Services.
4. TYPE 4 - A home or facility for seven (7) or more individuals classified as participants in inmate release programs; recovery homes and mental health or substance abuse residential
treatment homes; or the like, which is licensed to serve clients of the Florida Department of Health and Rehabilitative Services and which provides for a living environment for residents,
including such supervision and care by supportive staff as may be necessary to meet the physical, emotional, and social needs of the residents. This establishment may provide counseling
and information regarding a wide range of mental health and substance abuse issues and/or refer patients to more extensive treatment programs, if necessary. This definition includes
all facilities operating for such purpose or intent, but which may or may not be licensed by the Florida Department of Health and Rehabilitative Services. Outpatient mental health and
substance abuse centers are not classified under this definition.
GUYED TOWER - See "Wireless Communication Facility (WCF), Antenna Support Structure."
GYM, FITNESS & HEALTH CLUB - An establishment primarily engaged in operating fitness and recreational sports facilities featuring exercise (weight training, aerobics, yoga) and other
active physical fitness conditioning or recreational sports activities, such as swimming, skating, handball, racquet sports, and the like.
HALFWAY HOUSE - See "Group Home, Type 4."
HANDOFF CANDIDATE - A wireless communication facility that receives call transference from another wireless facility, usually located in an adjacent first "tier" surrounding the initial
wireless facility.
26
Definitions
HARDWARE STORE - An establishment primarily engaged in retailing a general line of new hardware items, such as tools and builders' hardware.
HAZARDOUS MATERIAL - Any substance or material which has been determined by the Secretary of the United States Department of Transportation to be capable of imposing an unreasonable
risk to health, safety and property. This term includes hazardous waste as defined in the Florida Statutes.
HEALTH CLUB - See "Gym, Fitness & Health Club."
HEALTH & PERSONAL CARE (EYEGLASS, MEDICAL SUPPLIES, HEARING-AIDS) - An establishment primarily engaged in the retail sales of convalescent supplies, eyeglasses, hearing aids, nutritional
products, and the like.
HISTORIC PRESERVATION - Any definition set forth in 36 C.F.R. Part 60 (the then-current Code of Federal Regulation, as may be amended from time to time) shall be included in the definition
for such term (and shall control to the extent there is a conflict of meaning), or as an additional definition, if such term is not otherwise defined:
1. ALTERATION - Any construction or change of a resource.
2. BOARD - The Boynton Beach Historic Resources Preservation Board (HRPB).
3. BOYNTON BEACH REGISTER OF HISTORIC PLACES - An official listing maintained by the city of all historic properties and historic districts so designated by these Regulations.
4. BUILDING(S) - A construction, such as a house, garage, church, or hotel, created principally to shelter any form of human activity.
5. CERTIFICATE OF APPROPRIATENESS - A document evidencing approval by the Board or the city staff for work proposed by an applicant.
6. CERTIFICATE OF ECONOMIC HARDSHIP - A document evidencing approval by the Board of an application for economic hardship as that term is defined in these Regulations.
7. CERTIFIED LOCAL GOVERNMENT (CLG) - A local government approved by the Florida Department of State, Division of Historical Resources, to perform certain historic preservation functions.
8. CONTRIBUTING PROPERTY - A property that contributes to the historic significance of a historic district by location, design, setting, materials, workmanship, feeling, and association
and thus adds to the district's sense of time, place, and historical development.
9. DEMOLITION - Any act or process that partially or totally destroys a resource.
10. DESIGN GUIDELINES HANDBOOK - Document utilized by the city which illustrates examples of design features, historic styles and treatment options which preserve the historical, cultural
and architectural character of a historic district or property.
11. DISTRICT - (see "Historic District" below).
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12. ECONOMIC HARDSHIP - An onerous, extreme and exceptional economic burden that would be placed upon a property owner by the denial of an application for a certificate of appropriateness
or by the imposition of conditions placed on the granting of such certificate.
13. EFFECT - A change in the quality of the historical, architectural, archeological or cultural significance of a property or district, or in the characteristics that qualify the property
or district as historically important.
14. FLORIDA MASTER SITE FILE - An archive and database of all known archaeological and historical sites and districts recorded within the State of Florida that is maintained by the Florida
Department of State Division of Historical Resources and is organized alphabetically by county and numerically, as recorded.
15. HISTORIC DISTRICT - A geographically definable area designated by the City Commission as possessing a significant concentration, linkage, or continuity of properties united historically
or aesthetically by plan or physical development.
16. HISTORIC PROPERTIES - Those properties designated by the City Commission as being of historical, cultural, architectural or archaeological importance.
17. NATIONAL REGISTER OF HISTORIC PLACES - The official federal list of historic districts, sites, buildings, structures, and objects significant in American history, architecture, landscape
architecture, engineering, archaeology, and culture. Authorized under the National Historic Preservation Act of 1966, and by 36 C.F.R. 60 as each may be amended from time to time, and
maintained by the U.S. Department of the Interior.
18. NON-CONTRIBUTING PROPERTY - A classification applied to a property within a historic district signifying that it does not contribute to the qualities that give the historic district
cultural, historical, architectural, or archaeological significance as embodied in the criteria for designation of a district, but which because of its location within a district should
follow the review procedures required by these Regulations.
19. OBJECT - A primarily artistic item closely linked to the history of the property. Said item is typically relatively small in scale and simply constructed, such as a statue, milepost,
statuary, or fountain.
20. PROPERTY - Area of land containing a single historic resource or a group of resources, which may include any of a building, site, structure, object, or district.
21. RECONSTRUCTION - The process of reproducing by new construction the exact form and detail of a demolished property as it appeared at a certain point in time.
22. REHABILITATION - The process of repairing or altering a property so that an efficient, sustainable and appropriate contemporary use is achieved, while preserving those significant
historical, architectural, or cultural features which establish the character of the property.
23. RELOCATION - Any change of the location of a building, structure or object from its present setting to another setting.
24. RESOURCE - A building, site, structure, object, or district that reflects historical, archaeological, or cultural significance.
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25. RESTORATION - The process of accurately recovering the form and details of a property as it appeared at a particular period of time, which may involve the removal of later additions
or alterations, or the replacement of missing features.
26. SECRETARY OF THE INTERIOR’S STANDARDS FOR REHABILITATION - A federal document set forth in 36 C.F.R. 67, as amended from time to time, which provides guidance on the sensitive rehabilitation
of a historic property.
27. SETTING - The physical environment of a property, including all landscape elements.
28. SITE - The location of an event, a prehistoric or historic occupation or activity, or a building or structure, whether standing, ruined, or vanished, where the location itself possesses
historic, cultural, or archaeological value regardless of the value of any existing structure.
29. STRUCTURE(S) - A combination of materials to form a construction, generally used to distinguish from buildings those functional constructions made for purposes other than creating
human shelter. (For example, a bridge, wall, fence, pond).
HOME IMPROVEMENT CENTER - An establishment primarily engaged in retailing a variety of new home repair and improvement materials and supplies, such as lumber, plumbing goods, electrical
goods, tools, housewares, appliances, hardware, and lawn and garden supplies, with no one (1) merchandise line predominating. The merchandise lines are normally arranged in separate
departments.
HOME OCCUPATION - The home business operation of an individual and/or members of the immediate family conducted inside a dwelling unit within a zoning district that allows for residential
uses, when such dwelling unit is the principal use of the property and all the applicable conditions of this Code can be affirmatively evidenced and complied with.
HOSPITAL - An establishment typically referred to as an institution (excluding “Group Home, Type 4”) that provides comprehensive, inpatient and outpatient healthcare, including typical
emergency medical, surgical, diagnostic, rehabilitation and treatment services, as well as other specialized services ranging from bariatrics to wound care. This use would also include
accessory meeting/conference facilities, limited retail sales, and administrative offices.
HOTEL - A building or portion thereof containing fifty (50) or more guest rooms, efficiency units or suites designed for the temporary lodging of transient guests rented on a daily basis
and occupied for less than thirty (30) days. Ancillary facilities may include conference facilities, restaurants, bars, recreation facilities, ballrooms, banquet rooms and meeting rooms.
Access to the guest quarters shall be through an inside lobby and corridors or from an exterior court which is within a secured area.
HOTEL, APARTMENT - Any hotel building containing a mixture of sleeping rooms and apartment suites for transient guests only, and which shall not serve as the primary or permanent residence
of the occupants. Buildings designed as hotel apartments shall have not more than one-third (1/3) of the total units devoted to
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apartment suites. Dining rooms and lounges shall be permitted as accessory uses. Hotel apartment suites shall have a minimum gross floor area of five hundred (500) square feet.
HOTEL, CONDOMINIUM - See “Hotel, Extended Stay.”
HOTEL, EXTENDED STAY - Any all-suite hotel that provides visitors with a full kitchen and more than five percent (5%) of its rooms are occupied for at least thirty (30) days and no more
than one hundred and eighty (180) days.
HOTEL, TIMESHARE - The term shall include, but shall not be limited to, any building or part thereof in which the right of use or occupancy of any unit circulates among various occupants
for specific periods of time less than a full year during any given year but not necessarily for consecutive years in accordance with a fixed time schedule on a periodically recurring
basis extending for more than one (1) year. The determination that a building, or part thereof, is a time sharing hotel shall be made without regard to the form of ownership of the
property or of the units therein and shall be immaterial whether the right of use or occupancy is derived from a leasehold or fee interest.
HOTELS, BOUTIQUE - A small luxury hotel containing ten (10) to fifty (50) guest rooms. Meal service is usually breakfast only, but in some instances high-quality dinner and/or lunch
service and room service may also be provided.
HOUSE EAVES - A non-structural portion of any building or structure extending beyond the vertical plane of the foundation.
HOUSE TRAILER - (1) A trailer or semitrailer which is designed, constructed and equipped as a dwelling place, living abode or sleeping place (either permanently or temporarily) and is
equipped for use as a conveyance on streets and highways, (2) or a trailer or semitrailer, the chassis and exterior shell of which is designed and constructed for use as a house trailer,
as defined in paragraph (1).
HOUSEHOLD - All persons who occupy a dwelling unit. A person living alone or any group of persons sharing a dwelling unit is a household.
ICE CREAM & FROZEN DESSERT - An establishment primarily engaged in the manufacturing frozen desert products such as ice cream, yogurts, ices, sherbets, and other desserts (except bakery
products). This industrial use may include a subordinate commercial component (i.e., tasting room, retail and facility tours) that is open to the public.
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IMPACT FEE - A charge applied to new development to generate revenue for the construction or expansion of capital facilities located off-site that benefit the contributing development.
IMPROVEMENT - Includes, but not limited to, street pavements, curbs and gutters, sidewalks, alley pavements, walkway pavements, water mains, sanitary sewer, storm sewers or drains, street
names, signs, landscaping, permanent reference monuments (PRMs), permanent control points (PCPs), monuments, or any other improvement required by the city.
INCOMBUSTIBLE MATERIAL - Any material which will not ignite at or below a temperature of one thousand, two hundred (1,200) degrees Fahrenheit and will not continue to burn or glow at
that temperature.
INCOME QUALIFIED HOUSEHOLD - Under the workforce housing program provisions of these Regulations, it is a household whose income is verified to be either low income or moderate income.
INDOOR ATHLETIC INSTRUCTION/TRAINING - An establishment primarily engaged in offering athletic instruction or training, including martial arts, gymnastics, cheerleading, batting/golfing,
and dance studios, and other similar types of uses having the same characteristics and special needs as confirmed by staff.
INDUSTRIAL ZONING DISTRICT - Whenever the words “industrial district” or “industrial zoning district” are used, they are construed to include any or all of the following zoning districts:
M-1 industrial; and PID planned industrial development.
INFESTATION - The presence of insects, rodents or other pests (see “Extermination”).
IN-FILL HOUSING - New residential units on parcels less than five (5) acres that are not part of an approved planned unit development as defined by the City of Boynton Beach Land Development
Regulations.
INFORMATION AND DATA PROCESSING - An establishment primarily involved in the compilation, storage, and maintenance of documents, records, and other types of information. On-site activities
include but are not limited to the following: data entry, storage, conversion or analysis, subscription, and credit card transaction processing, telephone sales and order collection,
mail order and catalog, and mailing list preparation. This use excludes the sale of computers, peripherals, hardware, or software.
INGRESS - An entry.
INSPECTOR - A city employee working as an inspector under the authority and direction of either the Director of Development, the Director of Public Works, the Director of Utilities,
the City Engineer, or their designees.
INTERIM SERVICES FEE - User charge applicable to structures certified for occupancy by the Development Department but not appearing on the Palm Beach County tax rolls as an improvement
to real property.
INTERIOR DECORATOR STUDIO - A commercial establishment from where professional home interior decorating services are provided. This business may provide cloth, wallpaper, paint samples
and the like, as part of the design services, but not on-site sales of furniture or other home furnishings.
INTERSECTION - See “Street, Intersection.”
INUNDATION - Moving, standing or ponded water which is a nuisance, hazard or health problem.
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INVESTIGATIVE SERVICE - An establishment primarily engaged in providing investigation and detective services.
IRRIGATION SYSTEM - A system of pipes or other conduits designed to transport and distribute water to all landscape plantings.
JANITORIAL AND GENERAL CLEANING - An establishment primarily engaged in cleaning building interiors and exteriors (e.g. driveways, roof tiles, patios, etc.); interiors of transportation
equipment (e.g., aircraft, rail cars, ships); and/or windows. This use also includes pressure cleaning services. See “Cleaning Supply Store” for the retail sales of materials, supplies,
chemicals, and specialized lines of merchandise associated with a “janitorial and general cleaning” establishment.
JEWELRY, LUGGAGE & LEATHER GOODS - An establishment primarily engaged in retailing new jewelry (except costume jewelry); new silver and plated silverware; new watches and clocks; and
new luggage with or without a general line of new leather goods and accessories, such as hats, gloves, handbags, ties, and belts.
JEWELRY MFG - An establishment primarily engaged in one (1) or more of the following: (1) manufacturing, fabricating, engraving, or etching jewelry or metal personal goods; (2) stamping
coins; or (3) cutting, slabbing, tumbling, carving, engraving, polishing, or faceting precious or semiprecious stones and gems.
JUNKYARD - An open area where waste, used or secondhand materials are bought, sold, exchanged, stored, baled, packed or disassembled, including, but not limited to, scrap iron and other
metals and waste materials. A junkyard includes an automobile wrecking yard and secondhand automotive parts yard.
LAND DEVELOPMENT PERMIT - A permit issued by the City Engineer prior to commencement of construction of required improvements after final record plat approval by the city.
LAND DEVELOPMENT REGULATIONS (LDR) - Ordinances of the city that govern any aspect of the development, redevelopment and improvement of lands lying in the jurisdiction of the city, and
include but are not limited to zoning, subdivision, health, environmental, landscaping, parking or sign regulations. These regulations are amended from time to time as deemed necessary
by the city.
LANDSCAPE ARCHITECT - Professionally educated and licensed person who is authorized to prepare landscape plans, specifications and provide expert testimony in regards to site development
and compliance with municipal landscape regulations.
LANDSCAPE BARRIER - A landscape barrier is a near solid element combining a wall and/or natural vegetation intended to block all direct and reasonable views to a given use such as overhead
bay or service doors, automotive repair or the like, outdoor storage areas, parked vehicles, etc.
LANDSCAPE BUFFER - A continuous row of plant material and/or wall (or other durable barrier) placed, for example, where a vehicle use area abuts the adjoining rights-of-way and adjacent
property.
LANDSCAPE SCREEN - A landscape screen is a continuous row of plant material and/or wall (or other durable barrier) placed where the vehicle use area abuts the adjoining rights-of-way
and adjacent property. The materials used to establish the landscape screen are defined under the respective sections below, and are planted to form a continuous screen of plant material
within a maximum of one (1) year after time of planting. The hedge element shall be maintained at four (4) feet, and the wall used in place of the hedge shall be no less than three
(3) feet high and combined with a minimum of two (2) hedge plants placed on the outside of the wall and spaced every ten (10) lineal feet.
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LANDSCAPED AREA - An area not occupied by any structures or impervious surfaces, and landscaped with vegetative material pursuant to the Landscape Code regulations.
LANDSCAPING - Any of the following or combination thereof: Materials such as, but not limited to, grass, ground covers, shrubs, vines, hedges, trees or palms, and other material such
as rocks, pebbles, sand, walls or fences, and decorative paving materials approved by the Development Department and the Planning and Development Board.
LATTICE TOWER - See "Wireless Communication Facility (WCF), Antenna Support Structure."
LAWN MAINTENANCE & LANDSCAPING SERVICE - A business principally engaged in the decorative and functional alteration, planting, and maintenance of property. This use excludes contractors
who primarily use heavy equipment for tree trimming, grading, excavation, or the installation of irrigation systems.
LEGAL ACCESS - See "Access, Legal."
LEGAL ENTITY - An entity that holds a certificate of authorization issued under Florida Statutes whether the entity is a corporation, partnership, association, or person practicing under
a fictitious name.
LEVEL OF SERVICE - The extent or degree of service provided by or proposed to be provided by a public facility, based on and related to the operational characteristics of the public
facility.
LIMITED ACCESS - See "Street, Limited Access."
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LIMITED ACCESS EASEMENT - See "Easement, Limited Access."
LISTED HISTORIC STRUCTURES (MIXED USE REGULATIONS) - Includes all structures listed as eligible for designation in "The City of Boynton Beach Historic Sites Survey" as prepared by Research
Atlantica, Inc, September 1996, including any subsequent updates.
LITTORAL ZONE - That region of the shoreline beginning at the Ordinary High Water (OHW) mark and extending waterward to a maximum depth of minus three (-3) feet OHW.
LIVE/WORK UNIT - A commercial unit with incidental residential accommodations occupying one (1) or more sleeping rooms or floors in a building primarily designed and used for commercial
occupancy and providing the following: (1) adequate working space reserved for commercial use and regularly used for such purpose by one (1) or more persons residing in the unit; and
(2) living space containing, but not limited to, a sleeping area, food preparation area with reasonable work space and a full bathroom.
LOADING SPACE - Off-street accommodations for loading and unloading trucks, in the form of one (1) or more truck berths located either within a building or in an open area on the same
lot.
LOCAL STREET - See "Street, Local."
LOCKSMITH - An establishment primarily engaged in the installation, accessory sales, repair, or adjusting service of mechanical or electronic locking devices, safes, and security vaults.
LOGO - See "Sign, Logo."
LOT - Includes tract or parcel and means the least fractional part of subdivided lands having limited fixed boundaries, and an assigned number, letter or other name through which it
may be identified.
LOT AREA - The total area of a lot measured from lot lines.
LOT COVERAGE - The area of the lot expressed as a percentage of the total lot area covered by the ground floor of all principal and accessory structures including all areas covered by
the roof of such uses and structures measured along the exterior faces of the walls or along the foundation wall line or between the exterior faces of supporting columns or from the
centerline of walls separating two (2) buildings or as a combination of the foregoing whichever produces the greatest total ground coverage for such uses and structures.
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Definitions
LOT DEPTH - The length of a straight line drawn from the midpoint of the front property line of the lot to the midpoint of the rear property line of the lot.
LOT FRONTAGE - The property line adjacent to a public or private street; it is also the front property line.
LOT WIDTH - The distance between the side lot lines measured at right angles to the lot depth at a point between the front and rear property lines.
LOT, CORNER - Either a lot bounded entirely by streets or a lot which adjoins the point of intersection of two (2) or more streets.
LOT, INTERIOR - Any lot that is neither a corner lot nor a through lot.
LOT, THROUGH (DOUBLE FRONTAGE) - Any lot, not a corner lot, having both the front and rear property lines adjacent to a public street.
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LOW INCOME HOUSEHOLD - Under the workforce housing program provisions of these regulations, it is a household with a gross, combined income below eighty percent (80%) of the Palm Beach
County Annual Median Household Income as defined by HUD.
MALL - A single building, enclosing a number of tenants and occupancies wherein two (2) or more tenants have an entrance into an enclosed, roofed over area designed as a pedestrian public
way.
MANGROVE TREES - A "mangrove tree" is any plant belonging to any of the following species of mangroves: Rhizophora mangle, the red mangrove; Laguncularia racemosa, the white mangrove;
and Avicennia nitida, the black mangrove; or Conocarpus erectus, the green buttonwood.
MANGROVE STAND - An assemblage of trees which contain one (1) or more of the following species: black mangrove, red mangrove, white mangrove and buttonwood.
MANUFACTURED HOME - Also known as a mobile home, is a detached, single dwelling unit, manufactured upon a non-removable chassis or undercarriage without independent motive power in accordance
with the Manufactured Home Construction and Safety Standards of the U.S. Department of Housing and Urban Development (HUD), and capable of being relocated from one (1) site to another.
The structure is designed for long term occupancy as a complete dwelling unit and containing all conveniences and facilities, with plumbing and electrical connections provided for attachment
to approved utility systems. All wheels shall be removed prior to the issuance of a certificate of occupancy.
MANUFACTURED HOME PARK - Premises typically referred to as a mobile home or trailer park, where manufactured homes are parked for non-transient living or sleeping purposes.
MANUFACTURER'S REPRESENTATIVE - An establishment primarily engaged in providing customer service to the public on behalf of a manufacturer in an office-type of setting, primarily through
pre-arranged appointments. The business owner typically markets the product line to the customer through the use of
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catalogues, brochures, or samples, and takes product orders, and relays product orders to the manufacturer. Inventory for point-of-purchase sales shall not be allowed. Individual items
may be shipped directly to the representative for pickup by the customer; however, large items or bulk goods are shipped directly to the customer, because the business use is deemed
to be an office rather than a retail, warehouse, or distribution operation.
MARINA, INCLUDING YACHT CLUB - A facility designed to provide a variety of accommodations and services for local or transient boaters, such as fueling, dockage, wet storage, and retail
sales of marine supplies and equipment. Facilities must be provided at every marina to accommodate proper sanitary sewer and water connections as well as to maximize flushing of the
impacted marine basin.
MARINE ACCESSORIES - Retailing new and/or used outboard motors, boat trailers, marine supplies, parts, and accessories. Machine shops and/or the on-site installation of marine accessories
are prohibited.
MASTER PLAN - A drawing which shows the intended division of and improvements on one (1) or more parcels filed in conjunction with a formal application for a rezoning to a planned zoning
district.
MASTER SITE PLAN (WITHIN A PID) - A master site plan is the conceptual plan for the entire mixed use pod within a planned industrial development district (PID) which individual technical
site plans and buildings as processed by staff are to be consistent.
MASTER STORM WATER MANAGEMENT PLAN - Documents outlining proposed primary and secondary drainage and storm water treatment facilities.
MATERIAL (FILL) - Sand, clay, rock, muck, gravel, loam or like materials existing or hauled to the site.
MEAN SEA LEVEL - The average elevation of the sea for all stages of the tide. The term is synonymous with national geodetic vertical datum (NGVD).
MEDIAN HOUSEHOLD INCOME (MHI) - Under the workforce housing program provisions of these regulations, it is the Palm Beach County Median Household Income, adjusted for family size, as
published by the Department of Housing and Urban Development (HUD).
MEDICAL CARE OR TESTING (IN-PATIENT) - A facility, excluding hospitals, which open 24 hours per day or provides 24-hour healthcare, treatment, and/or examinations, requiring overnight
stays, and are based on emergency, planned, or scheduled admittance to facilities with controlled and secured access to ensure appropriate care of patients. Such facilities include:
1. Alcohol or chemical dependency treatment centers licensed pursuant to F.S. Chapter 397;
2. Mental health treatment facilities licensed pursuant to F.S. Chapter 394;
3. Urgent care centers (24-hour);
4. Inpatient testing services such as sleep disorder centers;
5. Birth centers licensed pursuant to F.S. § 383.305;
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6. Hospice facilities licensed pursuant to F.S. Chapter 400, Part IV;
7. Eating disorder treatment centers; and
8. Nursing homes and physical rehabilitation centers licensed pursuant to F.S. § 400.062.
MEDICAL OR DENTAL IMAGING/TESTING/SUPPORT SERVICES (OUT-PATIENT) - An establishment that is primarily engaged in providing analytic, diagnostic, or other support services through, in
part, on-site interaction with patients and customers, including the collection of body fluids and other clinical specimen, as well as the necessary diagnostic images. Analysis of
images, fluids, or other clinical specimen may occur on-site or off-site or diagnostic services.
MEDICAL OR DENTAL LABORATORY - An establishment that offers diagnostic or pathological testing and analysis of blood, blood fluids, pathological specimens, DNA, and any other diagnostic
test commonly used in the healthcare industry. This use also includes dental laboratories, which are establishments primarily engaged in manufacturing dentures, crowns, bridges, and
orthodontic appliances customized for individual application. The fluids and other clinical specimens tested are customarily collected by others (see “Medical or Dental Imaging/Testing/Support
Services” use), and the use does not involve on-site patient visits.
MEDICAL OR DENTAL OFFICE (OUT-PATIENT) - A facility or clinic operated by one (1) or more physicians, dentists, chiropractors, or other licensed practitioners of the healing arts for
the examination and treatment of persons solely on an outpatient basis including intensive out-patient treatment. Images, body fluids or other clinical specimens and information may
be collected and analyzed on-site or off-site (see “Medical or Dental Imaging/Testing/Support Services” use and “Medical or Dental Laboratory”).
MEDICAL EQUIPMENT & SUPPLIES - An establishment primarily engaged in manufacturing medical equipment and supplies. Examples of products made by these establishments are laboratory apparatus
and furniture, surgical and medical instruments, and surgical appliances.
MENTAL HEALTH AND SUBSTANCE ABUSE - See “Medical Care or Testing (In-patient).”
MERCHANDISE, NEW (SUPERCENTER, DISCOUNT, DEPARTMENT, CLUB) - An establishment primarily engaged in retailing a wide range of the following new products with no one (1) merchandise line
predominating: apparel, furniture, appliances and home furnishings; and selected additional items, such as paint, hardware, toiletries, cosmetics, photographic equipment, jewelry, toys,
and sporting goods. Clubs and supercenters include perishable items.
MERCHANDISE, USED (ANTIQUE SHOP) - An establishment primarily engaged in the retail sales of objects of value, of which, are at least fifty (50) years old and/or collectibles that are
desirable due to rarity, condition, utility, or some other unique feature.
MERCHANDISE, USED (OTHER) - An establishment primarily engaged in the sale of used merchandise, such as a clothing or book store. "Merchandise used (other)" may also include any of
the following types of establishments: (1) secondhand sales of personal items resold through a broker (consignment); (2) loaning money on the security of pledges of personal property
(pawnshop); or (3) merchandise principally donated (thrift store). This classification does not include the sale of secondhand motor vehicles or parts.
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Definitions
METAL, FABRICATED PRODUCTS - An establishment primarily engaged in manufacturing one (1) or more of the following: (1) prefabricated metal buildings, panels and sections; (2) structural
metal products; and (3) metal plate work products. These establishments transform metal into intermediate or end products, other than machinery, computers, and electronics. Processes
may include, stamping, bending, forming, and machining, used to shape individual pieces of metal; and other processes, such as welding and assembling, used to join separate parts together.
This use excludes drop forging.
MICROWAVE DISH ANTENNA - A dish-like antenna used to link personal wireless service sites together by wireless transmission of voice or data.
MINIMUM FLOOR AREA - The area of the floor or floors measured from the centerline of the exterior walls to the centerline of dividing walls. The area for garages, roofed-over screened
porches and utility rooms shall be credited for fifty percent (50%) of floor area. Open porches and carports shall be credited with twenty-five (25%) of floor area. Accessory buildings
shall not count as floor area if not accessible from the interior of the building. Not more than ten percent (10%) of any minimum floor area shall be credited to screened-in porches
or breezeways.
MISCELLANEOUS ZONING DISTRICT - Whenever the words "miscellaneous district" or "miscellaneous zoning district" are used, they are construed to include any or all of the following zoning
districts: REC recreation; and PU public usage.
MITIGATION, WCF - See "Wireless Communication Facilities."
MIXED USE BUILDING - A building that contains a mix of residential and non-residential uses. See also "Mixed Use Development."
MIXED USE DEVELOPMENT - The development of a single building or single parcel to contain two (2) or more of the following types of uses: residential, retail/commercial, office or institutional.
Mixed uses may be combined vertically within the same building or placed side by side on the same parcel, provided that they are in close proximity, planned as a unified and complementary
whole and functionally integrated to make the use of shared vehicular and pedestrian access and parking areas.
MIXED USE POD - A development project located entirely within a previously approved planned industrial development (PID) which, when complete, will have all of the following uses: multi-family
residential; commercial/retail; and office and professional. The residential component of the mixed use pod may include fee simple and rental dwelling units. A mixed use pod is the
aggregate of all land within the PID designated for mixed use.
MIXED USE ZONING DISTRICT - Whenever the words "mixed use district" or "mixed use zoning district" are used, they are construed to include any or all of the following zoning districts:
SMU suburban mixed use; MU-L1 mixed use-low intensity 1; MU-L2 mixed use-low intensity 2; MU-L3 mixed use-low intensity 3; and MU-H mixed use-high intensity.
MOBILE HOME - See "Manufactured Home."
MOBILE HOME PARK - A subdivision of land for the sale of lots for manufactured homes.
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MOBILE VENDING UNIT (MVU) - Any movable cart, trailer, or other vehicle that is operated from an established location, from which food, flowers, and other merchandise and services, as
well as non-alcoholic beverages are provided to the public with or without charge; except, however, that the provisions of these Regulations shall not apply to mobile caterers or service
providers, generally defined as a person engaged in the business of transporting, in motor vehicles, food, beverages, or service equipment to residential, business, and industrial establishments
pursuant to prearranged schedules, and dispensing from the vehicles the items or services at retail, for the convenience of the personnel of such establishments. For the purposes of
implementing and interpreting the mobile vendor ordinance, the following definitions shall apply:
1. ADULTERATED - The condition of a food that bears or contains any poisonous or deleterious substance or has been processed, prepared, packed or held under unsanitary conditions, whereby
it may have become contaminated with filth, in a quantity which may render it injurious to health.
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2. APPROVED MANNER - Method of dealing with waste, solid or liquid, which comports with adequate sanitation methods as established by the Division of Hotels and Restaurants of the Florida
Department of Business and Professional Regulation.
3. APPROVED SOURCE - A licensed food processing establishment considered satisfactory by the Health Director and serving food products which are clean, wholesome, free from adulteration
or misbranding and safe for human consumption.
4. ASSEMBLY - A concentration of three (3) or more MVU’s coordinated by a single applicant intended to contribute to the vitality of publicly-accessible spaces and community activities.
Events of this type are required to obtain a Special Event Permit.
5. COMMISSARY - A food processing establishment or food service establishment approved by the Division of Hotels and Restaurants of the Florida Department of Business and Professional
Regulation in which food, containers or supplies are kept, handled, prepared, packaged or stored for transportation by mobile vendors.
6. CORROSION RESISTANT MATERIAL - A material which maintains its original surface characteristics under prolonged influence of food, cleaning compounds, bactericidal solutions and other
conditions-of-use environment.
7. EASILY CLEANABLE - Surfaces are readily accessible and made of such material and finish and so fabricated that residue may be effectively removed by normal cleaning methods.
8. FOOD - Any raw, cooked or processed edible substance, ice, beverage or ingredient used or intended for use or for sale in whole or in part for human consumption.
9. FOOD HANDLER - A person, certified by the Division of Hotels and Restaurants of the Florida Department of Business and Professional Regulation, engaged in the preparation, handling
or vending of food.
10. FOOD VENDOR - Any person, group of persons, firm or corporation who individually or by or through an agent or employer, offers for sale, sells, attempts to sell, exposes for sale
or gives away any food intended for human consumption from any vehicle or by a person afoot.
11. LABEL - A display of any written, printed, or graphic matter upon the immediate container, not including package liner, of any prepackaged article in accordance with state law.
12. LIQUID WASTE - Fluid, resulting from wastes produced from food vending operations, composed of solids, whether dissolved or in suspension; liquids, whether in solution, in emulsion
or in separate phases; and gases. The term shall also include melted ice.
13. MERCHANDISE - Items of clothing, jewelry (including timepieces), photos, artwork, housewares, flowers, plants, landscape materials, carpets, phones and accessories, small appliances,
medicines, personal care items, books and/or magazines as well as audio or video recordings, tapes, discs or other media.
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14. MISLABELED AND MISBRANDED - The presence of any written, printed or graphic matter upon or accompanying any food or container of food which is false or misleading and which is not
presented in the English language as stipulated by the Food and Drug Act, Title 21, Chapter 1-101.15 or which violates any applicable federal, state or local labeling requirements.
15. PERISHABLE FOOD - Food, including shelled eggs, of a type or in such condition that it will become adulterated unless kept at a temperature which will maintain product quality and
wholesomeness.
16. PERMIT - A site specific license to operate a mobile vending unit which shall be issued by the Planning and Zoning Division of the Department of Development for a stated fee and
shall be carried by a vendor or food handler at all times while vending.
17. POTENTIALLY HAZARDOUS FOOD - Any food that consists in whole or in part of milk or milk products, eggs, meat, poultry, fish, shellfish, edible crustacea or other ingredients including
synthetic ingredients, in a form capable of supporting rapid and progressive growth of infectious or toxigenic microorganisms. The term does not include clean, whole, uncracked, odor-free
shell eggs or foods which have a pH level of 4.5 or below or a water activity (AW) value of 0.85 or less.
18. PUBLIC WAYS - Include all portions of public streets, alleys, sidewalks, trails and parking lots of the City of Boynton Beach and, in addition, shall include privately owned streets,
roads, alleys, sidewalks, trails, and parking lots that are provided for public use or access.
19. SAFE TEMPERATURES - As applied to potentially hazardous food, shall mean temperatures of forty-five (45) degrees Fahrenheit (seven (7) degrees Celsius) or below, or one hundred forty
(140) degrees Fahrenheit (sixty (60) degrees Celsius) or above and zero (0) degrees Fahrenheit (minus seventeen (-17) degrees Celsius) or below for frozen food storage.
20. SANITIZE - Effective bactericidal treatment of cleaned surfaces of equipment and utensils by a process which has been approved by the Division of Hotels and Restaurants of the Florida
Department of Business and Professional Regulation as being effective in destroying microorganisms including pathogens.
21. SERVICES - Personal services to include portraits, body art, and hair braiding; the cleaning and detailing of vehicles including automobiles, trucks, vans, and motorcycles; and repairing
household goods, tools, and equipment.
22. SINGLE SERVICE ARTICLES - Cups, containers, lids, closures, plates, knives, forks, spoons, stirrers, paddles, straws, napkins, wrapping materials, toothpicks and similar articles
intended for one (1)-time, one (1)-person use and then discarded.
23. UTENSIL - Any implement used in the storage, preparation, transportation or serving of food.
24. VEHICLE - Every device in, upon, or by which any persons, food or other commodity is or may be transported, pushed or drawn.
25. WHOLESOME - In sound condition, clean, free from adulteration and otherwise suitable for use as human food.
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MODERATE INCOME HOUSEHOLD - Under the workforce housing program provisions of these regulations, it is a household with a gross, combined income between eighty percent (80%) and one
hundred twenty percent (120%) of the Palm Beach County Median Household Income (as defined by the Florida Housing Finance Corporation).
MONOPOLE TOWER - See "Wireless Communication Facility (WCF), Antenna Support Structure."
MOTEL - A building or group of buildings designed to provide sleeping accommodations for transient or overnight guests. Each building shall contain a minimum of ten (10) residential
units or rooms, which generally have direct access to a parking lot, street, drive, court, patio, etc.
MOTEL APARTMENT - Any motel building containing a mixture of sleeping rooms and apartment suites for transient guests only, and which shall not serve as the primary or permanent residence
of the occupants. Buildings designed as motel apartments shall have not more than one-third (1/3) of the total units devoted to apartment suites. Dining rooms and lounges shall be
permitted as accessory uses. Motel apartment suites shall have a minimum gross floor area of five hundred (500) square feet.
MOTOR VEHICLE - See "Automobile."
MOTOR VEHICLE SEATING & INTERIOR TRIM - An establishment primarily engaged in manufacturing motor vehicle seating, seats, seat frames, seat belts, and interior trimmings.
MOTOR VEHICLE, WRECKED - See "Wrecked Motor Vehicle."
MULTI-FAMILY DWELLING - See "Dwelling, Multi-family."
MULTIPLE-VENDOR MARKET - An indoor use that is primarily engaged in the sale of new or used merchandise or a combination thereof, and such use accommodates more than one (1) individual,
vendor, tenant, or business within a building. Each individual, vendor, tenant, or business occupies sales areas, typically by using stalls, tables, booths, platforms, racks, or other
temporary tenant separation methods, the sum of which constitutes a single establishment. This classification does not include the sale of secondhand motor vehicles or parts, and excludes
garage sales, rummage sales, and special events.
MUNICIPALITY - The City of Boynton Beach, Florida.
MURAL - A work of art designed for a specific wall, ceiling, area or large permanent surface that enhances a large architectural unit. It must be designed for a specific space and serve
the purpose of the space. Such mural shall not contain any brand name, product name, abbreviation thereof, company or business name or logo, trademark or other commercial message.
MUSEUM - An institution that engages in the preservation and exhibition of objects, sites, and natural wonders of historical, cultural, and/or educational value.
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NATIONAL GEODETIC VERTICAL DATUM (NGVD) - A vertical control used for establishing varying elevations within the floodplain.
NATIONAL REGISTER OF HISTORIC PLACES - See "Historic Preservation."
NATIVE FLORIDA ECOSYSTEMS - A self-organized ecosystem of a type existing in Florida prior to European colonization and containing predominantly native species.
NEW CONSTRUCTION - Structures for which the "start of construction" commenced on or after the effective date of this article.
NEWSRACK - Any type of unmanned device located on public property utilized for the vending of newspapers or new periodicals.
NEWSSTAND - A stall, booth, or store where newspapers and magazines are sold.
NIGHTCLUBS - See "Bar & Nightclub."
NON-CONTRIBUTING PROPERTY - See "Historic Preservation."
NOVELTY, GIFT, SOUVENIR & MISCELLANEOUS - An establishment primarily engaged in retailing new gifts, novelty merchandise, souvenirs, greeting cards, seasonal and holiday decorations,
and curios. This use would also include Christmas & holiday shops, tobacco & news stores, and the like. No used merchandise is sold at these establishments.
NUDITY - The exposing to public view of the human male or female genitals, pubic area, cleavage of the human buttocks, or that portion of the human female breast encompassed within an
area falling below the horizontal line one would have to draw to intersect a point immediately above the top of the areola (the colored ring around the nipple).
NURSERY SCHOOL - See "Day Care."
NURSERY, GARDEN CENTER, & FARM SUPPLY - An establishment primarily engaged in retailing nursery and garden products, such as trees, shrubs, plants, seeds, bulbs, and sod, that are predominantly
grown elsewhere. These establishments may sell a limited amount of a product they grow themselves.
NURSING HOME - See "Group Home."
OATH - The word "oath" shall be construed to include an affirmation in all cases in which, by law, an affirmation may be substituted for an oath, and in such cases the words "swear"
or "sworn" shall be equivalent to the words "affirm" and "affirmed."
OBJECT - See "Historic Preservation."
OBLIGOR - Any person or entity who is obligated to pay a park and recreation facilities impact fee pursuant to the city's Park and Recreation Facilities Impact Fee Ordinance.
OCCUPANT - The individual, individuals, or entity in actual possession of a premises.
OCCUPATIONAL LICENSE - See "Business Tax."
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OFFICE SUPPLIES & STATIONERY - An establishment primarily engaged in one (1) or more of the following: (1) retailing new stationery, school supplies, and office supplies; (2) selling
a combination of new office equipment, furniture, and supplies; and (3) selling new office equipment, furniture, and supplies in combination with selling new computers. They exclude
the sale of used merchandise.
OFFICERS/AGENCIES - Wherever reference is made in this Code or Regulations to any officer or agency, such as "City Manager," "the Mayor," "the City Clerk," "Planning and Development
Board," and so forth, such reference shall be construed to mean such officer or agency of the city and shall include the duly authorized subordinates or personnel of such officer or
agency.
OFF-PREMISES STORAGE - Storage which is not located on the same parcel as the principal use to which such storage is an accessory use.
ON-PREMISES - At the place of business of a particular use, including the entire lot or parcel and any structure thereon, as opposed to on the customer's premises.
OPEN SPACE - A required exterior open area clear from the ground to the sky devoid of residential and commercial buildings, and accessory structures.
OPEN-AIR STRUCTURE (GAZEBO, TIKI HUT, CHICKEE HUT) - A detached ancillary structure, open on all sides, with a roof of some type, used for recreation/entertaining purposes. Such structures
shall include but not be limited to gazebos; tiki, chickee or chiki huts; tea houses; or other like pavilions.
OR, AND - "Or" may be read "and," and "and" may be read "or" if the sense requires it.
ORNAMENTAL, CHINA, FINE EARTHENWARE, & POTTERY - An establishment primarily engaged in the manufacturing of earthenware, stoneware, and pottery products, such as dinnerware, art, and
ornamental items.
OUTFALL - A pipe which discharges treated stormwater into waterways.
OWNER - Any individual, agent, firm, association, organization, partnership, trust, corporation, or any other legal entity that owns or holds title to real property as reflected on the
public records of Palm Beach County, including a contract purchaser who has consent from such owner(s).
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PACKING & SHIPPING, TRUCKING, AND MOVING - An establishment primarily engaged in packing, crating, and otherwise preparing goods for transportation. These establishments provide over-the-road
transportation of cargo using motor vehicles, such as trucks and tractor trailers.
PAINT, COATING & ADHESIVE - An establishment primarily engaged in the mixing and blending of pigments, solvents, and binders into paints and other coatings, such as stains, varnishes,
lacquers, enamels, shellacs, and water repellant coatings for concrete and masonry.
PARAPET - The extension of the main walls of a building above the roof level, for the purpose of safety, screening rooftop equipment, and/or containing roof run-off. A parapet, as defined
herein, is intended to fully encircle/encompass the roof, not be one (1), or a series of smaller extensions above the roof line.
PARK - An open space, reservation, playground, beach, recreation center or any other area in the city, owned, or used by the city, and devoted to active or passive recreation. For the
purposes of determining impact fees, the term "park" is considered a public park within the city that is not owned or operated by Palm Beach County.
PARKING LOT - Any outdoor or partially enclosed or enclosed space, plot, yard or any portion thereof, which is utilized for the parking or storage of vehicles, upon which two (2) or
more parking stalls are constructed. (Parking facilities designed for detached single-family homes or duplex units with a maximum of four (4) parking stalls are exempted from this definition.)
PARKING SPACE (STALL) - A surfaced area, enclosed or unenclosed, designed to store one (1) automobile, together with a driveway or drive aisle connecting the parking space with a street
or alley and permitting ingress and egress of an automobile.
PARKING SPACE, TANDEM - Provisions within certain zoning districts allowing the placement of parking spaces one (1) behind the other, so that the space nearest the driveway, aisle, or
street access serves as the only means of access to the other space.
PARKING STRUCTURE - A structure or portion thereof composed of one (1) or more levels of floor used for the parking of motor vehicles. A parking structure may be fully below grade or
either partially or fully above grade with floors or levels being either open or enclosed.
PARKING STRUCTURE, WRAPPED - A parking structure that is fully or partially wrapped with habitable or leaseable space to disguise the actual function of the structure. A fully wrapped
parking structure is one in which the garage component, other than the access drive, cannot be seen from any elevation. A partially wrapped
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Definitions
parking structure is one in which the garage component extends above the habitable or leaseable space and can be seen from one (1) or more elevations.
PARTIAL NUDITY - The exposing to public view of the human male or female cleavage of the human buttocks or that portion of the human female breast encompassed within an area falling
below the horizontal line one would have to draw to intersect a point immediately above the top of the areola (the colored ring around the nipple) with less than a full opaque covering;
or the depiction of covered human male genitals in a discernibly turgid state.
PARTIES IN INTEREST - All individuals, associations, partnerships, corporations and others who have interest in a dwelling or who are in possession or control thereof, as agent of the
owner, as executor, executrix, administrator, administrative, trustee or guardian of the estate of the owner.
PAWN SHOP - See "Merchandise, Used."
PERMANENT CONTROL POINT (PCP) - "Permanent control point" shall be considered a reference monument as outlined within these Regulations.
PERMANENT REFERENCE MONUMENT (PRM) - A permanent reference monument which must consist of a metal rod having a minimum length of eighteen (18) inches and a minimum cross-section area
of material of two-tenths (0.2) square inches. In certain materials, encasement in concrete is optional for stability of the rod. When used, the concrete shall have a minimum cross-section
of twelve and one-quarter (12.25) square inches and a minimum of twenty-four (24) inches long. The PRM shall be identified with a durable marker or cap with the point of reference marked
thereon bearing either the Florida registration number of the professional survey and mapper in responsible charge or the certificate of authorization number of the legal entity, which
number shall be preceded by LS or LB as applicable and the letters "P.R.M.". The PRM shall also be detectable with conventional instruments for locating ferrous or magnetic objects.
If the location of the "P.R.M." falls in a hard surface such as asphalt or concrete, alternate monumentation may be used that is durable and identifiable.
PERMITTED USE - See "Use, Permitted."
PERMITTEE - Under the sidewalk café provisions of these regulations, it shall be the lawful holder of a sidewalk café permit obtained pursuant to the terms and provisions of these Regulations.
PERSON - Any natural person, firm, co-partnership, association or corporation.
PERSONAL CARE (BEAUTY, HAIR, NAILS) - An establishment primarily providing one (1) or more of the following services and/or facilities: 1) hair care; 2) nail care; 3) facials or application
of makeup; 4) tanning salons; 5) day spas, including accessory massage/aromatherapy; and 6) body piercing and tattooing.
PERSONAL WIRELESS SERVICE - Commercial mobile services, unlicensed wireless services, and common carrier wireless exchange access services, as defined in the Telecommunications Act of
1996, as amended from time to time.
PERVIOUS PAVEMENT - A pavement system that consists of a sustainable design which allows for percolation of rainfall.
PET CARE (BOARDING AND DAYCARE) - An establishment primarily engaged in the keeping of animals for short-term purposes (daycare) or for extended periods of time (boarding). This use
excludes indoor/outdoor commercial kennels, animal shelters (dog pound), and breeders.
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PET CARE (GROOMING) - An establishment engaged in grooming and/or training pets. It excludes overnight boarding, pet sitting, and veterinary services.
PET CARE (VETERINARY SERVICES) - An establishment of licensed veterinary practitioners that is primarily engaged in the practice of veterinary medicine, dentistry, or surgery for animals;
and an establishment
primarily engaged in providing testing services for licensed veterinary practitioners. This use excludes indoor/outdoor commercial kennels.
PET STORE & SUPPLIES - An establishment primarily engaged in retailing pets, pet foods, and pet supplies. Pet grooming and veterinary services (excluding boarding) are permitted accessory
uses.
PHARMACEUTICAL & MEDICINE - An establishment primarily engaged in one (1) or more of the following: (1) manufacturing biological and medicinal products; (2) processing (i.e., grading,
grinding, and milling) botanical drugs and herbs; (3) isolating active medicinal principals from botanical drugs and herbs; and (4) the collection, destruction, disposal, or other related
processes.
PHARMACY & DRUG STORE - An establishment primarily engaged in retailing a variety of prescription and non-prescription drugs and medicines, and medical and surgical supplies. A "drug
store" would be an establishment that combines a "pharmacy" with the sale of products typically associated with a convenience store, and provides services such as photo processing or
basic health assessment (e.g., vaccinations, minor examinations, etc.).
PHOTOGRAPHY STUDIO - An establishment, also known as a portrait studio, that is primarily engaged in providing still, video, or digital photography services.
PLANNED COMMERCIAL DEVELOPMENT (PCD) - Land under unified control, uniformly zoned, planned, approved and developed as a single development operation or as a programmed series of phased
development operations for commercial buildings and related uses and facilities in accordance with an approved master plan.
PLANNED INDUSTRIAL DEVELOPMENT (PID) - Land under unified control, uniformly zoned, planned, approved and developed as a single development operation or a programmed series of phased
development operations for industrial buildings and related uses and facilities, in accordance with an approved master plan.
PLANNED UNIT DEVELOPMENT (PUD) - Land under unified control, uniformly zoned, planned, approved and developed as a single development operation or a programmed series of phased development
operations for dwelling units and accessory uses and facilities, in accordance with an approved master plan.
PLANNED ZONING DISTRICT - A zoning district in which the zoning of the is accompanied by and conditioned upon an approved master plan for the use and/or development of the property.
Whenever the words "planned district" or "planned zoning district" are used, they are construed to include any or all of the following zoning districts: IPUD infill planned unit development;
PUD planned unit development; MHPD mobile home planned development; PCD planned commercial development; SMU suburban mixed use; MU-L1 mixed use-low intensity 1; MU-L2 mixed use-low intensity
2; MU-L3 mixed use-low intensity 3; MU-H mixed use-high intensity; and PID planned industrial development.
PLASTIC PRODUCTS - An establishment primarily engaged in processing and fabricating new or recycled plastic resins into a variety of intermediate or final products, using such processes
as molding and casting.
PLAT - A map or delineated representation of the combining, or subdivision of lands, being a complete, exact representation of the subdivision and other information in compliance with
all requirements of all applicable
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Definitions
provisions of F.S. Chapter 177, and may include the terms "record plat", "replat", "amended plat", or "revised plat."
1. BOUNDARY - A map or delineated representation for recordation of the combination of multiple pieces, tracts or lots into a single parcel for development purposes prepared, approved,
and recorded in accordance with the requirements and procedures for a plat pursuant to F.S. Chapter 177.
2. FINAL - A finished plat including all signatures required for recordation except those signifying approval by the city.
3. PRELIMINARY - A copy of the plat in sufficient form to readily compare the plat with the development plan, subdivision plan and the construction plans.
4. RECORD - A plat which conforms to the requirements of the applicable state laws and city codes, and is subsequently recorded in the Public Records of Palm Beach County, Florida.
PLUMBING - Includes all of the following supplied facilities and equipment: Gas pipes, gas-burning equipment, water pipes, garbage disposal units, waste pipes, toilets, sinks, installed
dishwashers, lavatories, bathtubs, shower baths, installed clothes washing machines, catch basins, drains, vents and any other similar supplied fixtures, together with all connections
to water, sewer or gas lines.
POINT OF COMPOUND CURVATUR - See "Survey Data."
POINT OF CURVATURE - See "Survey Data."
POINT OF REVERSE CURVATURE - See "Survey Data."
POINT OF TANGENCY - See "Survey Data."
POSTAL/MAIL CENTER - An establishment primarily engaged in providing packing/shipping services, mailbox rental and other postal and mailing services (except direct mail advertising)
in conjunction with sales of related merchandise/supplies.
PREMISES - A platted or unplatted lot or parcel of land either occupied or unoccupied by any structure.
PRESERVATION - The perpetual maintenance of areas in their original state.
PRINCIPAL USE - See "Use, Principal."
PROFESSIONAL OFFICE - See "Business or Professional Office."
PROFESSIONAL SURVEYOR AND MAPPER - See "Surveyor and Mapper, Professional."
PROFILE, LEAST VISUALLY OBTRUSIVE - The design of a wireless communication facility intended to present a visual profile that is the minimum profile necessary for the facility to properly
function.
PROHIBITED USE - See "Use, Prohibited."
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PROPERTY - See "Historic Preservation."
PROPERTY OWNERS' ASSOCIATION (POA) - An organization under the laws of the state, operated under recorded maintenance and ownership agreements through which each owner of a portion of
a development or subdivision, be it a lot, home, property or any other interest, is automatically a voting member, and each such member is automatically subject to a charge for a prorated
share of expenses, either direct or indirect, for maintaining common properties within the development or subdivision, such as roads, parks, recreational areas, common areas, and other
similar properties. A property owners' association is considered to be a single entity for property ownership as it relates to platting. The term "property owners association" shall
also be deemed to include a homeowners association, condominium association or cooperative (apartment) association, as defined in F.S. Chapter 711, as amended, having a life tenure of
not less than twenty (20) years; as well as a third party having an agreement with a condominium or cooperative association as permitted by F.S. Chapter 711, as amended.
PRM - See "Permanent Reference Monument."
PUBLIC AGENCY - Any government or governmental agency, board, commission, authority or public body of Palm Beach County, the State of Florida, or of the United States government, or
any legally constituted governmental subdivision or special district.
PUBLIC ART FUND - A separate, interest bearing account set up to receive monies for the Art in Public Places Program.
PUBLIC FACILITIES - Capital facilities for water, sewer, drainage, solid waste, parks, recreation and roads, for which levels of service have been established in the Comprehensive Plan.
PUBLIC HALL - Any hall, corridor or passageway not within the exclusive control of one (1) family.
PUBLIC UTILITY - Includes any public or private utility, such as, but not limited to, storm drainage, sanitary sewers, electric power, water service, gas service, or telephone line,
whether underground or overhead.
PUBLISHING AND COMMERCIAL PRINTING - An establishment known as a publisher or commercial printer is engaged in the publishing and/or printing of newspapers, magazines, books, other periodicals,
as well as directory, mailing list, and software publishing and print products. Print products may include stationery, business forms and other materials. The processes used in printing
or reproduction may include a variety of methods used to transfer an image from a plate, screen, film, computer file, or other medium to paper, plastics, metal, textile articles, or
wood. Support activities include data imaging, platemaking services, and bookbinding.
RADIO & TV BROADCASTING - An establishment primarily engaged in operating broadcast studios and facilities for over-the-air or satellite delivery of radio and television programs.
RADIO FREQUENCY EMISSIONS - Any electromagnetic radiation or other communications signal emitted from an antenna or antenna-related equipment on the ground, antenna support structure,
building, or other vertical projection.
READER BOARD SIGN - See "Sign, Changeable Copy."
REAL ESTATE BUSINESS - An establishment primarily engaged in the renting or leasing of real estate to others; managing real estate for others; selling, buying, or renting real estate
for others; and providing other real estate related services, such as appraisal services.
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Definitions
REAL PROPERTY - The portion of the land or buildings contained in a legal description setting forth the boundaries of such property and legally acknowledged under the laws of the State
of Florida and Palm Beach County.
RECLAMATION - The filling, backfilling, restructuring, reshaping and/or revegetation within and around a land excavation or filling area to a safe and aesthetic condition.
RECONSTRUCTION - See "Historic Preservation."
RECREATION AND ENTERTAINMENT, OUTDOOR - An outdoor area which is principally used for active or passive recreation, and which is operated on a for-profit basis. Such uses include tennis
centers and swimming pools.
RECREATION AND PARKS DEPARTMENT SPECIAL EVENT - Any meeting, activity, gathering, or group of persons, animals, or vehicles, or a combination thereof, having a common purpose, design
or goal upon any public or private facility, street, sidewalk, alley, park or other place or building where the Special Event substantially inhibits the usual flow of pedestrian or vehicular
traffic or which occupies any public area or building and preempts use by the general public. A special event shall include, but not be limited to, City events, festivals, carnivals,
concerts, parades, walks, races, fund raising sales and similar gatherings, block parties, grand openings, promotions, and other similar events not specifically permitted by City Ordinance.
Merchandise sales under a tent on private property which have no other related activity, i.e. food sales or entertainment, are exempt from obtaining a Special Event permit; however,
applicant must still obtain the proper Special Sales Event Approval (ref. Part III, Ch. 2, V. 4) and applicable building permit.
RECREATIONAL FACILITY - Any building or structure designated for recreational purposes such as games, sports, etc. and including adjacent property included for such use.
RECREATIONAL VEHICLE - A travel trailer, camp trailer, chassis mount camper or motor home, as defined by the rules of the Florida Department of Highway Safety and Motor Vehicles.
REFERENCE POINT - Any defined position that is or can be established in relation to another defined position.
REGISTER OF HISTORIC PLACES - See "Historic Preservation."
RELOCATION - See "Historic Preservation."
REMODELING OR CONVERSION - Under the Arts in Public Places Program provisions of these Regulations, they are the alterations made to a building within any twelve (12) month period, including,
but not limited to, changes to the façade of a building, changes to the interior of a building, increases or decreases in the floor area of a building and changes to exterior improvements.
RENTAL/LEASING, INDUSTRIAL & COMMERCIAL EQUIP - An establishment primarily engaged in renting or leasing commercial-type and industrial-type machinery and equipment. These establishments
typically cater to a business clientele and do not generally operate a retail-like or store-front facility.
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RENTALS, RECREATIONAL (BICYCLES, CANOES, PERSONAL WATERCRAFT) - An establishment primarily engaged in renting recreational goods, such as bicycles, canoes, mopeds, skis, beach chairs,
beach umbrellas, and the like. This use excludes the rental of boats and large marine vessels/accessories.
REPAIR/MAINTENANCE, INDUSTRIAL AND COMMERCIAL EQUIPMENT - An establishment primarily engaged in the repair and maintenance of commercial and industrial machinery and equipment. This
use excludes junk, salvage, and tow yards.
REPAIR/ MAINTENANCE, PERSONAL AND HOUSEHOLD GOODS - An establishment primarily engaged in repairing and servicing personal or household-type goods, such as garments (tailors & dressmakers);
watches; jewelry; musical instruments; bicycles and other fitness equipment; and including but not limited to: (1) reupholstering furniture; (2) refinishing furniture; and (3) repairing
and restoring furniture.
REPAIR, RENTAL, & MAINTENANCE OF HOME/GARDEN TOOLS - An establishment primarily engaged in the repair, rental/leasing, or maintenance/servicing of home and garden equipment, without
retailing new home and garden equipment, such as lawnmowers, handheld power tools, edgers, leaf-blowers, and trimmers.
REPAIR, RENTAL, & MAINTENANCE OF OFFICE, HOME EQUIP - An establishment primarily engaged in the repair, rental/leasing, or maintenance/servicing of office machinery and related equipment,
such as computers, office furniture, duplicating machines (i.e., copiers), or facsimile machines.
REPLACEMENT - See "Mitigation."
RESEARCH & DEVELOPMENT, SCIENTIFIC/TECHNOLOGICAL - An establishment engaged in conducting original investigation undertaken on a systematic basis to gain new knowledge (research) and/or
the application of research findings or other scientific knowledge for the creation of new or significantly improved products or processes (experimental development).
RESIDENTIAL UNIT - See "Dwelling Unit (D.U.)."
RESIDENTIAL ZONING DISTRICT - Whenever the words "residential district" or "residential zoning district" are used, they are construed to include any or all of the following zoning districts:
R-1-AAB single-family residential; R-1-AA single-family residential; R-1-A single-family residential; R-1 single-family residential; R-2 single and two-family residential; R-3 multi-family
residential; IPUD infill planned unit development; PUD planned unit development; or MHPD mobile home planned development.
RESOURCE - See "Historic Preservation."
RESTAURANT - An establishment engaged in preparing, selling, and/or serving food and beverage items. Food and drink may be consumed on premises, delivered, and taken out (via pick-up
or carry-out). Alcoholic beverages may be sold in combination with selling food but ultimately, the sale of food constitutes more than fifty-one percent (51%) of its monthly gross revenue.
Business activity is to be conducted indoors, but the establishment may have an outdoor component if approved through the site plan or site plan modification process.
RESTAURANT, TAKE-OUT - An establishment engaged in preparing and selling food and beverage items for consumption off the premises, via pick-up, carry-out, or delivery. Alcoholic beverages
may be sold in combination with selling food but ultimately, the sale of food constitutes more than fifty-one percent (51%) of its monthly gross revenue.
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RESTORATION - "Historic Preservation."
RESTRICTIVE COVENANT AND AGREEMENT - The covenants that govern the initial sale and rental and subsequent resale and releasing of workforce housing units created under the workforce
housing program. The term of the restrictive covenant and agreement is thirty (30) years.
REZONING - The legal process by which changes are made to the boundary or boundaries of a zoning district(s) or where a new boundary or boundaries are established for a zoning district(s).
RIGHT-OF-WAY - Land dedicated, deeded, used or to be used for a street, alley, walkway, boulevard, drainage facility, access for ingress and egress, or other purpose by the public, certain
designated individuals, or governing bodies.
ROOFLINE - The overall ridge line of the structure which does not include cupolas, elevator towers, clock towers or other features that are permitted to exceed the maximum height of
the building.
RUBBER PRODUCTS - An establishment primarily engaged in the processing and fabricating of natural, synthetic, or reclaimed rubber materials into a variety of intermediate or final products,
excluding tire and inner tube manufacturing, retreading, and rubber reclaiming.
RUBBISH - All combustible and non-combustible waste except garbage.
RUNOFF - Precipitation discharge into waterways. The water that flows off the surface of the land without sinking into the soil is called surface runoff. Water that enters the soil
before reaching waterways is called groundwater runoff or seepage flow from groundwater.
SAFETY SIGN/WARNING SIGN - See "Sign, Safety."
SAND DUNES - Naturally occurring accumulations of sand in ridges or mounds landward of the beach.
SATELLITE EARTH STATION - A single or group of parabolic (or dish) antennas mounted to a support device that may be a pole or truss assembly attached to a foundation in the ground, or
in some other configuration, including the associated ground equipment and cabinets.
SCALE - The relationship of a building or structure to its surroundings with regard to its size, height, bulk, and/or intensity.
SCHOOL, INDUSTRIAL & TRADE - An establishment providing instruction and practical training in mechanical, construction and industrial occupations such as auto repair, masonry, machinery
operation/repair, metal fabrication, welding and others.
SCHOOL, PRIMARY AND SECONDARY - A public, private, or parochial school offering instruction at the elementary, junior, or high school level in the branches of learning and study required
to be taught in schools within the state.
SCHOOL, PROFESSIONAL & TECHNICAL - An establishment, other than a college, providing specific job training to be pursued as a career including art, cosmetology, business, computers,
fashion design, or other such programs, and which is conducted entirely within an enclosed building.
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SECRETARY OF THE INTERIOR'S STANDARDS FOR REHABILITATION - See "Historic Preservation."
SECURITY SERVICES - An establishment primarily engaged in: (1) the installation and monitoring home/business alarm systems; (2) guard and patrol services; and/or (3) picking up and delivering
money, receipts, or other valuable items with personnel and equipment to protect such properties while in transit.
SETTING - See "Historic Preservation."
SEWER/SEPTIC & WASTE MGMT CLEANING - An establishment primarily engaged in: (1) pumping (i.e., cleaning) septic tanks and cesspools; and/or (2) renting and/or servicing portable toilets.
This use also includes establishments primarily engaged in providing waste management services such as sewer, catch basin, and grease trap cleaning.
SEWERAGE SYSTEM, CENTRAL - A system of pipes, pumps, tanks, etc. for the collection and disposal of sewage, in accordance with the requirements of requisite government agencies.
SEWERAGE SYSTEM, INDIVIDUAL - Pipes, tanks and subsurface absorption field, or other approved treatment device, for handling and disposing of sewage wastes for a single user.
SHELTER - A facility, which is not a hotel or motel, used primarily for providing free or very low-cost short-term lodging for individuals who would otherwise be homeless.
SHOOTING RANGE, INDOOR - The commercial use of a building or structure for archery and/or the discharging of firearms for the purposes of marksmanship, recreation, or temporary competitions.
SHOPPING CENTER - A group of retail commercial and/or service establishments planned, developed, managed and operated as a unit.
SHOWROOM WAREHOUSE, (SINGLE PRODUCT LINE) - Showroom-type establishment in which the principal use consists of a showroom for large, space intensive items such as furniture, major appliances,
flooring, mattresses, recreational vehicles or the like. Those establishments generally have a single product line, which differentiates them from department stores, electronics stores,
home improvement stores and warehouse clubs in that they do not sell a wide range and mix of merchandise.
SIDEWALK - That portion of the right-of-way which is located between the curbline or the lateral line of a street and adjacent property line and which is intended for use by pedestrians.
SIDEWALK CAFÉ - Chairs and tables temporarily placed within the sidewalk area that directly abut a business operating as a "Restaurant".
SIGHT DISTANCE - The minimum extent of unobstructed vision in a horizontal and vertical plane.
SIGHTSEEING & SCENIC TOURS - A business office for an operation that utilizes transportation equipment to provide recreation and entertainment. The activity is local in nature, usually
involving a same-day return to the point of departure.
SIGN - Includes any letter, figure, character, mark, plane, point, marquee sign, design, poster, pictorial, picture, banner, stroke, stripe, line, trademark or reading material which
shall be constructed, placed, attached, painted,
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erected, fastened, manufactured or displayed in any manner whatsoever for the purpose of informing of or advertising about the nature, type or quality of goods, services or activities
available; or to advertise the name of any firm, corporation business or any other enterprise, or its nature, type or quality of goods, services or activities; or to attract to or identify
any of the aforementioned or by its nature, act to draw attention to a business.
1. "A" FRAME - A moveable sign not secured or attached to the ground.
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2. ABANDONED - Sign which no longer identifies or advertises a bona fide activity, where the activity has been abandoned or does not possess a current occupational license.
3. ADVERTISING STRUCTURE - A sign structure erected or intended for advertising purposes, with or without advertisement display thereon, situated upon or attached to real property.
4. ANIMATED OR FLUTTERING - A sign which uses devices to generate movement by either mechanical, electrical or natural methods.
5. AWNING VALANCE - A sign of permanent nature, which is incorporated into, affixed, or painted onto the valance of a permanent awning.
6. BILLBOARD - Signs or framework installed for the purpose of advertising or communicating either commercial or non-commercial messages that refer to something other than the name,
primary character, and/or purpose of the establishment or business on the premises where the sign is located.
7. BLADE - A small, pedestrian oriented sign that projects perpendicular from the building or is hung beneath a canopy/covered walkway.
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8. BUS BENCH - A bench or seat with graphics, symbols and/or copy affixed against any surface.
9. BUS SHELTER - See "Sign, Transit Shelter."
10. CHANGEABLE COPY - A sign of permanent character, but with removable letters, words or numerals, indicating the names or persons associated with, or events conducted upon, the premises
upon which a sign is erected.
11. COMBUSTIBLE - Any sign or sign structure which will ignite or support flames and which has a low flame point. Prime examples of combustible signs would be wood, non-U.L. approved
plastics, cloths, etc.
12. CONSTRUCTION - A sign identifying the owners, contractors, receivers, lenders and suppliers on the property where the sign is located during the construction period.
13. COVERED WALKWAY AND ARCADE - A sign which is perpendicular to the building face and is suspended from, attached to, supported from or forms part of, a covered walkway and is rigid.
14. DIRECTIONAL - (1) On-premises, incidental signs designed to guide or direct pedestrians or vehicular traffic. (2) Signs erected or permitted by the city, Palm Beach County, State
of Florida or the United States
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Government or agency thereof, for the direction or safety of the public. (3) A sign, notice, or symbol as to the time and place of regular civic meetings and religious services.
15. DIRECTORY - A freestanding or flat sign listing only the name and/or use or location of more than one (1) business, activity or profession conducted within a building, group of buildings
or commercial center.
16. DOOR - See "Sign, Window."
17. DOUBLE FACED - A sign with two (2) faces which are back to back with no more than a forty-five (45)-degree angle between the faces.
18. ELECTRICAL - A sign or sign structure in which integral electric wiring, connections and/or fixtures are used and connected to an electric source and meeting the requirements of
the National Electrical Code.
19. ERECT - To build, construct, attach, hang, place, suspend or affix a sign.
20. FIXED PROJECTION - A sign, other than a flat sign, which extends outward for more than eighteen (18) inches from the façade of any building and is rigidly affixed thereto.
21. FLASHING - A sign, which uses or contains intermittent or a sequential flashing light source with the exception of a time or temperature sign or Dow Jones average sign which is part
of a permitted commercial sign.
22. FLAT - A sign erected parallel to, and extending not more than eighteen (18) inches from, the façade of any building to which it is attached and supported throughout its entire length
by the façade of the building and not extending above or beyond the building.
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23. FREESTANDING - A monument or ground-mounted sign identifying the use of the property upon which it is located. Ground-mounted signs may be supported by one (1) or more poles, provided
that the bottom of the sign or cabinet is no more than two (2) feet above grade and that the poles and complete length of the sign or cabinet are clad in the same or like material, completely
to the ground. Alternatives to the cladding requirement may be considered if the design of the sign conforms to the architectural design of the building(s).
24. GOVERNMENT - Any temporary or permanent sign erected and maintained by the city, county, state or federal government or any of their legal entities.
25. GROUND - Any sign, other than a pole sign, in which the entire bottom is in contact with or is close to the ground and is independent of any other structure.
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26. ILLUMINATED - Any sign which has characters, letters, figures, designs or outline illuminated by electric lights or luminous tubes as a part of the sign proper.
27. IMPRESSION - Any symbol and/or lettering that is struck into a masonry or stuccoed wall.
28. LOGO - A symbol of a company or business.
29. MENU BOARD - A sign of permanent nature, which is used in association with a drive-through facility.
30. MONUMENT - A freestanding sign situated directly on the ground or mounted completely along the bottom of the sign cabinet to a low-profile base or pedestal.
31. MURAL - See "Mural."
32. OFF-PREMISES - A sign advertising an establishment, organization, residential development, merchandise, service, or entertainment, which is sold, produced, manufactured, located,
and/or furnished,
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at a place other than the property on which such sign is located. A sign located within a public or private right-of-way is considered an off-premises sign.
33. ON-PREMISES - A sign located on-site that advertises an establishment, organization, residential development, merchandise, service, or entertainment, which is sold, produced, manufactured,
located, and/or furnished. Such sign shall be located where the use, for which the sign is identifying or advertising, is located.
34. PARAPET - A sign placed completely on the face of a parapet.
35. PERIMETER - The entire outer boundary of the sign, not including the supporting structural members.
36. PERMANENT - A sign constructed of durable materials and intended to exist or display for the duration of time that the establishment, organization, or occupant is located on the
premises.
37. PLAQUE, (CUSTOMARY) - A sign identifying the address, operator's name or activity taking place within the facility, not to exceed two (2) square feet in area.
38. POLITICAL - A sign erected by a political candidate, group or agent thereof, for political purposes.
39. PROJECTING - A sign attached to, and projecting at a right angle from, a building face or wall and maintained wholly on private property.
40. PYLON - A sign that is mounted on a freestanding pole(s) or other freestanding support so that the bottom edge of the sign face is six (6) feet or more above grade.
41. REAL ESTATE - Any sign erected by an owner, or his agent, advertising the real property upon which the sign is located as for rent or sale.
42. REAR DOOR BUSINESS IDENTIFICATION PLAQUE - A non-illuminated sign affixed to the rear of a building bearing the business name and/or address of the occupant, with an area not exceeding
three (3) square feet.
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43. ROOF - A sign erected upon or above a roof of a building, or above or partially above a parapet of a building.
44. SAFETY - A D.O.T. approved sign erected to identify a special safety or warning message relating to that particular location or area.
45. SEASONAL SALES EVENT - A temporary sign used in association with a seasonal sales event.
46. SNIPE - A sign of a temporary nature which is mounted to stakes or other objects, which is utilized to advertise or display matter.
47. SPECIAL EVENT - A sign which carries a message regarding a special event or function which is of general interest to the community and sponsored by a not-for-profit civic, religious,
school or governmental organization.
48. SPECIAL TEMPORARY SALES EVENT - A temporary sign used in association with a special temporary sales event.
49. TEMPORARY - A sign not intended or designed for permanent display.
50. TEMPORARY BUSINESS IDENTIFICATION - A non-permanent, on-premise sign identifying a business location.
51. TRANSIT SHELTER - Graphics, symbols and/or copy affixed to any surface of a public transit shelter.
52. VEHICLE DISPLAY - A sign or sign structure attached or affixed in any manner in or to any wheeled vehicle for the purpose of advertising that business to which the sign refers, excluding
such signs attached or affixed to public transportation vehicles for business advertising purposes when such vehicles belong to a fully licensed public transportation company. A vehicle
shall not be used to circumvent this sign code.
53. WALL - A sign containing copy, graphics, symbols and/or letters placed on the wall surface itself.
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54. WARNING - See "Sign, Safety."
55. WINDOW - Any sign which is painted on, applied to, attached to, hanging in or projected upon or within, the exterior or interior of a building glass area, including doors. For clarification
purposes, signs in this definition include, but are not limited to, any identification, message, symbol, insignia, visual representation, logo type or any other form of communication.
56. YARD - A temporary sign, not to exceed four (4) square feet, which identifies a safety feature related to the particular lot, such as "Home Security", "Beware of Dog", or "Keep off
the Grass".
SIGN CONTRACTOR, ELECTRICAL - A person licensed to install, repair, alter, add to or change, any electrical wires, apparatus, raceways, conduit or any part thereof on electrical signs
and is qualified to erect signs and connect to an existing sign circuit.
SIGN CONTRACTOR, NON-ELECTRICAL - A person licensed by the city to install, repair, add to, paint or change non-electrical signs.
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SIGN COPY - Any combination of letters, numbers, graphics, or the like which are intended to inform, direct, or otherwise transmit information.
SIGN FACE - Shall mean the surface of the sign upon, against or through which the message is displayed or illustrated on the sign.
SIGN HEIGHT - The height of a freestanding sign shall be measured from the base of the sign at ground level (at typical grade) to the top of the highest component of the sign. "Typical"
grade shall generally mean the average grade that would exclude variations in grade, such as for berms or landscaping. In instances where typical grade cannot reasonably be determined,
the base elevation shall be the elevation of the vehicle use area, at the nearest point from the proposed location for the sign.
SITE - See "Historic Preservation."
SKY EXPOSURE PLANE - A "sky exposure plane" is an imaginary inclined plane beginning at maximum frontage height and rising at a ratio of vertical distance to horizontal distance as set
forth in the mixed use zoning regulations, used for determining maximum building heights and setbacks.
SMALL WIND ENERGY SYSTEM (SWES) - A wind energy conversion system consisting of a wind turbine, a tower, and associated control or conversion electronics, and which is intended to primarily
reduce on-site consumption of utility power and/or to serve an educational purpose. The total height is measured at the tip of the blade or the highest piece of equipment attached thereto.
In case of building-mounted towers, the height of the tower includes the height of the building on which it is mounted. For clarification, any SWES that is affixed to a building shall
comply with the maximum height and minimum setbacks required for an at-grade tower.
SOAP & TOILETRY - An establishment primarily engaged in the mixing, blending, and packaging of cosmetics, soaps, and other cleaning compounds.
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SOCIAL SERVICE AGENCY - A non-regulatory public or private not-for-profit establishment providing a combination of support services, resources, and activities, including counseling (except
for drug and alcohol addiction), education, training and referral; and soliciting funds to be used for these and related services. Also includes establishments with community improvement
and neighborhood development functions. Excludes establishments providing overnight accommodations, medical clinics dispensing prescription medications, and on-site food preparation
and consumption; on-site food distribution is permitted only if part of the establishment's service mix and not its main objective.
SPECIAL EVENT HANDBOOK - A publication issued by the City of Boynton Beach entitled “Special Event Handbook” which sets forth procedures for the application process and City requirements
for Special Event activities.
SPECIALTY FOOD STORE - An establishment primarily engaged in retailing specialized lines of food. These types of stores include various markets (meat, fish, seafood, fruit, and vegetable),
baked goods, confectionary and nut stores, and health/gourmet food stores.
SPECIMEN TREE - A tree which has been determined by the judgment of the Director of Planning and Zoning or designee to be of high value because of its type, size, age or other arboricultural
criteria, and has been so designated and promulgated as part of the official records of the city.
SPORTING GOODS AND TOYS - An establishment primarily engaged in manufacturing sporting goods, fitness equipment, toys, and the like.
STANDARDS, CURRENT - Documents, drawings, specifications, details, laws, rules, regulations, ordinances and the like in effect on the date complete application or amended application,
whichever is later, is submitted for consideration.
STANDARDS FOR REHABILITATION - See "Historic Preservation."
START OF CONSTRUCTION (for other than new construction or substantial improvements under the Coastal Barrier Resources Act (P.L. 97-348), - The date a building permit is issued, provided
the actual start of construction, repair, reconstruction or improvement is within one hundred eighty (180) days of the permit date. The actual start means the first placement of permanent
construction (including a manufactured home) on a site, such as the pouring of slabs or footings, installation of piles, construction of columns or any work beyond excavation or placement
of a manufactured home on a foundation. Permanent construction excludes land preparation such as clearing, grading and filling; installation of streets and/or walkways; excavation for
a basement, footings, piers or foundations or the erection of temporary forms; installation on the property of accessory buildings such as garages or sheds not occupied as dwelling units
or not part of the main structure.
STATE - The words "the state" or "this state" shall be construed to mean the State of Florida.
STATE HOUSING INITIATIVES PARTNERSHIP ACT - For the purposes of this section, the definitions contained in the State Housing Initiatives Partnership Act hereinafter "the Act," F.S. §§
420.907 et seq., and Chapter 9I-37 of the Florida Administrative Code, as amended from time to time, are adopted herein by reference.
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STATE PLANE COORDINATE - The system of plan coordinates which has been established by the National Ocean Service for defining and stating the positions or locations of points on the
surface of the earth within the state and shall hereinafter be known and designed as the "Florida State Plane Coordinate System". For the purpose of the use of this system, the zones
established by the National Ocean Service in NOAA Manual NOS NGS 5, State Plane Coordinate System of 1983, shall be used and the appropriate projection and zone designation shall be
indicated and included in any description using the Florid State Plane Coordinate System.
STATE ROAD - Any highway designated as a state-maintained road by the Department of Transportation.
STATION AREA - A geographic area established for planning and regulatory purposes, and which is characterized by "Compact Development" within a one-half (½) mile radius around a transit
station. Within the framework of TOD and transit station planning, this area includes the "Transit Core." See "Transit Core." The Station Area of a one-half (½) mile radius around
the intersection of Ocean Avenue and the Florida East Coast rail corridor, the anticipated location of the Downtown Boynton Beach Station for the planned commuter Tri-Rail Coastal Link
service on the FEC Corridor, coincides with the Downtown Transit-Oriented Development District (TODD).
STEALTH FACILITY - See "Wireless Communications Facility, Concealed."
STONE CUTTING & FINISHING - An establishment primarily engaged in cutting, shaping, and finishing marble, granite, slate, and other stone for building and miscellaneous uses. This use
also includes establishments primarily engaged in buying or selling partly finished monuments and tombstones.
STORAGE CONTAINER, TEMPORARY - An object that is designed and constructed by the manufacturer thereof for the primary purpose of storing and/or transporting items or goods which may
be used for storage purposes in lieu of storage within a principal or accessory building. Also included are operable or inoperable vehicles used for the purposes as described herein.
STORAGE, BOATS/MOTOR/RECREATIONAL VEHICLES - An outdoor storage facility for the temporary storage of boats, motor, or recreational vehicles, as a principal use. This use excludes junk
yards, salvage, or tow yards.
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STORAGE, OPEN - The safekeeping of any goods or products in an unoccupied space open to the sky for eventual removal not expected within seventy-two (72) hours or for continuous replacement
by same or similar goods or products.
STORAGE, SELF-SERVICE - An establishment engaged in the storage of personal property in facilities where individual owners control individual storage bays. This use includes both limited-access
and multi-access facilities.
STORM DRAINAGE - A system sufficient to prevent inundation resulting from a three (3)-year storm which conveys storm waters to publicly dedicated and maintained drainage canals or natural
waterways acceptable to the agency having jurisdiction or an alternate proposal approved by the City Engineer.
STORMWATER - The flow of water which results from a rainfall event.
STREET - Includes any access way such as a street, road, lane, highway, avenue, boulevard, alley, parkway, viaduct, circle, court, terrace, place, or cul-de-sac, and also includes all
of the land lying between the right-of-way lines as delineated on a plat showing such streets, whether improved or unimproved, but shall not include those access ways such as easements
and rights-of-way intended solely for limited utility purposes, such as for electric power lines, gas lines, telephone lines, water lines, drainage and sanitary sewers, and easements
for ingress and egress.
1. ARTERIAL - A route providing service which is relatively continuous and of relatively high traffic volume, long average trip length, high operating speed, and high mobility importance.
In addition, every United States numbered highway is an arterial road, as well as every street shown or described as "arterial" according to the current or most recent functional classification
system contained in the City of Boynton Beach Comprehensive Plan, as adopted and amended.
2. COLLECTOR - A route providing service which is of relatively moderate average traffic volume, moderately average trip length and moderately average operating speed. Such a route
also collects and distributes traffic between local roads or arterial roads and serves as a linkage between land access and mobility needs. A street shown or described as a "collector"
street according to the current or most recent functional classification system contained in the City of Boynton Beach Comprehensive Plan, as adopted and amended.
3. CUL-DE-SAC - A street terminated at the end by a vehicular turn-a-round.
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4. LIMITED ACCESS - A highway or freeway which does not permit access except at authorized and controlled points. The acquisition of right-of-way for such highways or freeways usually
includes the acquisition of access rights thereto. Access may also be limited through methods other than acquisition of access rights.
5. LOCAL - A street shown or described as a "local" street according to the current or most recent functional classification system contained in the City of Boynton Beach Comprehensive
Plan, as adopted and amended.
6. MAJOR THOROUGHFARES - A main traffic artery connecting two (2) or more municipalities.
7. MARGINAL ACCESS - A street, parallel and adjacent to an expressway, arterial street or limited access street or in the immediate vicinity of such streets utilized primarily for relieving
such streets from local service of abutting property by providing protection from conflicts with through traffic. Also called a frontage street.
8. PRIVATE - Any street not dedicated to the public.
9. PUBLIC - Any street dedicated to the public and accepted for ownership and maintenance by the City Commission.
STREETSCAPE - The sum of the man-made and planted features that create the character of a public space. Streetscape features may be located within and abutting the right-of-way. Streetscape
features include street trees and plantings; street furniture such as benches, street lights, signs, kiosks, gazebos, trash receptacles, bicycle racks, railings and fences, fountains,
planters, memorials, public telephones, and bollards; sidewalks; median strips and islands; public art; banners and flags; signs and awnings; and similar publicly visible features.
STREET FRONTAGE - The property line adjacent to a public or private street.
STREET, INTERSECTION - The point of crossing or meeting of two (2) or more streets.
STRUCTURE - Any building or improvement constructed upon real property located within the municipal limits of the city. Also see "Historic Preservation, Structure(s)."
SUBDIVISION - Land divided into three (3) or more lots, parcels, tracts, tiers, blocks, sites, units, or any other division of land; and includes establishment of new streets and alleys,
additions, and re-subdivisions; and, when appropriate to the context, relates to the process of subdividing or to the lands or area subdivided.
SUBSTANTIAL, IMPROVEMENT - Any repair, reconstruction, or improvement of a structure or site, the cost of which equals or exceeds fifty percent (50%) of the value of the structure as
established by the most recent Palm Beach County ad valorem tax bill, either before the improvement or repair is started, or if the structure has been damaged and is being restored,
before the damage occurred. For the purposes of this definition, "substantial improvement" is considered to occur when the first alteration of any wall, ceiling, floor or other structural
part of the building commences, whether or not that alteration affects the external dimensions of the structure.
SUBSTANCE ABUSE CENTER - See "Group Home, Type 4."
SUPPLIED FACILITIES - Facilities paid for, furnished or provided by, or under the control of, the owner or operator.
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SURETY - An irrevocable surety guaranteeing that all required surveying and construction improvements will be completed in full accord with approved documents and all conditions attached
thereto.
SURFACE WATERS - All waterways and associated wetlands that hold or transport water on or over the ground.
SURROUNDING BUILDINGS - See “Historic Preservation.”
SURVEY - The orderly process of determining facts of size, shape, identity, geodetic location, or legal location by viewing and applying direct measurement of features on or near the
earth's surface using field or image methods; further defined as follows according to the type of data obtained, the methods and instruments used, and the purpose(s) to be served:
1. AS-BUILT - A survey performed to obtain horizontal or vertical dimensional data so that constructed improvements may be located and delineated; also known as a record survey.
2. BOUNDARY - A survey, the primary purpose of which is to document the perimeters, or any one (1) of them, of a parcel or tract of land by establishing or re-establishing corners, monuments,
and boundary lines for the purpose of describing the parcel, locating fixed improvements on the parcel, dividing the parcel, or platting.
3. CONDOMINIUM - A survey performed pursuant to F.S. Chapter 718; includes a boundary survey.
4. CONSTRUCTION LAYOUT - The measurements made, prior to or while construction is in progress, to control elevation, configuration, and horizontal position and dimensions.
5. CONTROL - A survey which provides horizontal or vertical position data for the support or control of subordinate surveys or for mapping.
6. DESCRIPTIONS - Written by a surveyor and mapper to describe land boundaries by metes and bounds shall provide definitive identification of boundary lines. A sketch shall accompany
the property description showing all information referenced in the description and shall state that such sketch is not survey. The initial point in the description shall be tied to
either a government corner, a recorded corner, or some other well-established survey point.
7. HYDROGRAPHIC - A survey having as its principal purpose the determination of data relating to bodies of water, and which may consist of the determination of one (1) or several of
the following classes of data: depth of water and configuration of bottom; directions and force of current; heights and time of water stages; and location of fixed objects for survey
and navigation purposes.
8. MEAN HIGH WATER LINE - A survey to document the mean high water line as defined in F.S. Part II, Chapter 177.
9. QUANTITY - A survey to obtain measurements of quantity.
10. RECORD - A survey performed to obtain horizontal and vertical dimensional data so that constructed improvements may be located or delineated; also known as an as-built survey.
11. SPECIFIC OR SPECIAL PURPOSE - A survey performed for a purpose other than the purposes detailed in the other types of surveys defined within these regulations.
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12. TOPOGRAPHIC - A survey of selected natural and artificial features of a part of the earth's surface to determine horizontal and vertical spatial relations.
SURVEY DATA - All information shown on the face of a plat that would delineate the physical boundaries of the unified property or the subdivision and any parts thereof.
1. POINT OF COMPOUND CURVATURE (PC) - “P.C.C.,” means the point where two (2) circular curves have a common point of tangency, the curves lying on the same side of the common tangent.
2. POINT OF CURVATURE (PC) - “P.C.,” means the point where a tangent circular curve begins.
3. POINT OF REVERSE CURVATURE (PRC) - “P.R.C.,” means the point where two (2) circular curves have a common point of tangency, the curves lying on opposite side of the common tangent.
4. POINT OF TANGENCY (PT) - “P.T.,” means the point where a tangent curve ends and becomes tangent.
SURVEY MONUMENT - An artificial or natural object that is permanent or semi-permanent, and used or presumed to occupy any real property corner, point on a boundary line, or reference
point. A survey marker must: (1) be composed of a durable material; (2) have a minimum length of eighteen (18) inches; (3) have a minimum cross-section area of material of two-tenths
(0.2) square inches; (4) be identified with a durable marker or cap bearing either the Florida registration number of the professional surveyor and mapper in responsible charge or the
certificate of authorization number of the legal entity, which number shall be preceded by LS or LB as applicable; (5) be detectable with conventional instruments for locating ferrous
or magnetic objects. If the location of the monument falls in a hard surface such as asphalt or concrete, alternate monumentation may be used that is durable and identifiable.
SURVEYOR AND MAPPER, PROFESSIONAL - A surveyor and mapper registered under F.S. Chapter 472, who is in good standing with the Board of Professional Surveyors and Mappers. A surveyor
registered in Florida.
SWIMMING POOL - Any confined body of water, located either above or below the existing finished level of the site, exceeding two (2) feet in depth, designed, used or intended to be used
for swimming or recreational purposes.
TANDEM PARKING - See “Parking, Tandem.”
TASTING ROOM - Commercial floor area of a food or beverage manufacturing establishment where the public is allowed and encouraged to purchase, taste, and/or consume the products produced
on or off-site. The zoning regulations may contain conditions applicable to tasting rooms with respect to location, size, hours of operation, and the like, in order to maintain the ancillary
relationship with the principal use and compatibility with surrounding properties and zoning district.
TAXI, LIMO, CHARTER BUS - An establishment primarily engaged in the use of motor vehicles offered to the public for the purpose of carrying or transporting passengers for a fixed charge,
fee, or hourly rate. This use excludes automobile rental.
TECHNICAL SITE PLAN - Technical site plans are development plans for one (1) or more lots submitted in compliance with an approved Master Site Plan for a mixed use pod within a planned
industrial development district (PID).
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TELECOMMUNICATION TOWER - See “Antenna Support Structure.”
TEMPORARY EMPLOYMENT AGENCY - An establishment primarily engaged in supplying workers (administrative, professional, sales) for limited periods of time to supplement the work force of
the client. The individuals provided are employees of the temporary employment agency. However, these establishments do not provide on-site training or direct supervision of their
employees at the clients' workplace.
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66B
Definitions
TEMPORARY HOUSING - Any trailer or other structure used for human shelter which is designed to be transportable and which is not attached to the ground, to another structure or to any
utility system for more than thirty (30) days. Any trailer or other structure occupied for more than thirty (30) days shall meet all requirements of this article.
TESTING LABORATORY - An establishment primarily engaged in performing laboratory analysis of natural resources and manufactured materials. The scientific analysis is generally performed
for an outside customer to support the work of that customer.
TEXTILE PRODUCTS - An establishment primarily engaged in fabricating apparel, clothing accessories, and canvas goods from purchased fabric and materials.
THEATER - A building or outdoor structure expressly designed to seat persons viewing the presentation of plays, operas, music concerts, motion pictures, etc.
THOROUGHFARE PLAN - The plan of present and future streets adopted by the City of Boynton Beach.
THRIFT STORE - See "Merchandise, Used."
TILE AND CARPET - An establishment primarily engaged in the retail sales and installation of finished flooring products, such as ceramic tile, natural stone and marble, carpet, hardwood,
cork, laminate, and vinyl.
TOWER - See "Antenna Support Structure."
TOWING, MOTOR VEHICLE - An establishment primarily engaged in towing light or heavy motor vehicles, both local and long distance. These establishments may provide incidental services,
such as the temporary storage of towed vehicles and emergency road repair services. This use excludes junk and salvage yards.
TOWNHOME - A type of dwelling unit that is designed for or occupied by no more than one (1) family or household. Each dwelling unit has the following: 1) direct means of access to
the outside; 2) tenant separation (party) walls designed and constructed in accordance with the Florida Building Code; and 3) fee simple ownership of the lot occupied by that unit.
TOWNHOUSE - A dwelling comprised of at least three (3) attached townhomes.
TRAFFIC CONTROL DEVICES - Any mechanism used to regulate traffic, such as pavement striping, signs, etc. as specified in the D.O.T. Manual on Uniform Traffic Control Devices (M.U.T.C.D.),
excluding any mechanical or electrical device such as traffic lights.
TRAFFIC CONTROL SIGNAL - Any device, whether manually, electrically or mechanically operated by which traffic is alternately directed to stop and permitted to proceed.
TRAFFIC IMPACT ANALYSIS - A traffic statement prepared by a registered professional engineer competent in traffic engineering, submitted as part of the application for site plan, rezoning,
or other application in compliance with local, county, or state review requirements for appropriate review of traffic impacts.
TRAILER - Any vehicle with or without motive power, other than a pole trailer, designed for carrying persons or property and for being drawn by a motor vehicle.
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TRANSIT CORE - The first one-quarter (1/4) mile radius, or approximately one hundred twenty-five (125) acres around a transit station characterized by the most intense/dense development
and urban design that promotes efficient and pleasurable pedestrian routes to the transit station and to surrounding resources and nearby destinations.
TRANSIT-ORIENTED DEVELOPMENT (TOD) - A component of "Compact Development" characterized by moderate to high intensity and density, mixed use development within one-half mile of a transit
stop or station designed to maximize walking trips and access to transit and the various uses within the area devoted to "Compact Development."
TRAVEL AGENCY - An establishment primarily engaged in acting as agents in selling travel, tour, and accommodation services to the general public and commercial clients.
TUTORING AND TESTING CENTER - An establishment primarily engaged in providing remedial teaching or instructional services to pupils on a contractual and limited basis. This classification
also includes centers where scholastic or professional tests are administered and assessed.
TUXEDO, FORMAL WEAR, COSTUME RENTAL - An establishment primarily engaged in renting clothing, such as formal wear, costumes (e.g., theatrical), or other clothing (except laundered uniforms
and work apparel).
UNITY OF TITLE - A document recorded in the Office of the Clerk of the Circuit Court of Palm Beach County, stipulating that lots or parcel(s) of land shall be held under single ownership,
shall not be eligible for further subdivision and shall not be transferred, conveyed, sold or divided in any unit other than in its entirety.
URBAN AGRICULTURE - See "Garden."
USE - Any purpose for which a building or other structure or a tract of land may be designed, arranged, intended, maintained or occupied; or any activity, occupation, business or operation
carried on, or intended to be carried on, in a building or other structure or on a tract of land.
USE, ACCESSORY - A use that is customarily incidental to the principal use. Accessory uses, unless otherwise provided, shall be located on the same premises as the principal use.
USE, CONDITIONAL - A use that, because of special requirements or characteristics, may be allowed in a particular zoning district but only with conditions as necessary to make the use
compatible with other uses permitted in the same zone or vicinity.
USE, NONCONFORMING - A nonconforming use is a use which lawfully occupied a building or land prior to the adoption of the ordinance or any amendment thereto, which has been lawfully
continued, and that no longer conforms to the uses permitted in the site's current zoning district, due to changes in the code or its application to the site.
USE, PRINCIPAL - The primary or predominant use of any building, structure, or lot.
USE, PERMITTED - A use permitted in a zoning district, without the need for special administrative review and approval, upon satisfaction of the standards and requirements of these Regulations.
USE, PROHIBITED - A use not permitted in a zoning district.
2013 S-42 68
Definitions
UTILITY - A governmental or franchised provider of water, sewer, electric, gas, telephone, telegraph, cable television or similar service.
UTILITY TRAILER - A trailer or commercial truck which is rented, leased or sold primarily for use by household users for moving household goods, and specifically excluding truck-tractors
or semi-trailers.
VARIANCE - Relief from certain requirements of the regulations herein as described where such variance will not be contrary to the public interest and warranted due to conditions peculiar
to the property and not the result of the actions of the applicant, and when literal enforcement of this Code would result in unnecessary and undue hardship.
VIDEOS, GAMES & DVD RENTAL - An establishment primarily engaged in renting pre-recorded video tapes and discs for home electronic equipment for entertainment purposes. This use excludes
adult entertainment.
WAREHOUSE, INTERNET SALES - A warehouse-type of establishment that stores, packs, or ships merchandise that is sold primarily over the internet, and wherein customer visits occur infrequently.
The business may have an accessory showroom area and/or auction activity; however, any such space dedicated to a showroom shall not exceed twenty percent (20%) of the gross floor area,
and any auction activity is restricted to weekends only.
WAREHOUSING - An establishment engaged in operating facilities to store general merchandise, refrigerated goods, and other warehouse products for distribution. They do not sell on-site,
the goods they handle.
WARNING SIGN - See "Sign, Safety."
WATER SYSTEM, CENTRAL - A supply of water to serve more than one (1) user including the water source, pipes, pumps, tanks, treatment plants and all other appurtenances.
WATER SYSTEM, INDIVIDUAL - A water source and other appurtenances supplying water to only one (1) user.
WATERWAY - Any body containing water such as a canal, channel, ditch, drainage way, lake, stream, watercourse, etc.
WCF - See "Wireless Communication Facility."
WETLANDS - Open bodies of water and those portions of a water body inundated at regular and periodic intervals, or those areas where vegetation is dominated by submerged and transitional
species of plants.
WHOLESALE TRADE - An establishment engaged in selling or distributing merchandise to retailers or other businesses, excluding sales to household customers.
WINDMILL, AERATION - A wind driven aeration system that pumps oxygen into air lines located in water bodies, such as wet detention areas, ponds, and the like. Air diffusers turn the
compressed air into oxygen bubbles, whose purpose it is to rise through the water and remove pollutants and improve water quality. It is not the function of an aeration windmill to
create or generate electric power, either for use or sale, on or off-site.
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Boynton Beach Code
WIRELESS COMMUNICATION FACILITY (WCF) - Any manned or unmanned equipment used for the transmission and/or reception of radio frequency signals, or other wireless communications, and
usually consisting of an antenna or group of antennas, transmission cables, and equipment cabinets, and may include an antenna support structure. The following developments shall be
deemed a WCF: developments containing new, mitigated, or existing antenna support structures, public antenna support structures, replacement antenna support structures, co-location on
existing antenna support structures, attached wireless communications facilities, concealed wireless communication facilities, and non-concealed wireless communication facilities. Excluded
from the definition are: non-commercial amateur radio, amateur ham radio and citizen band antennas, satellite earth stations and antenna support structures, and antennas and/or antenna
arrays for AM/FM/TV/HDTV broadcasting transmission facilities.
1. ANTENNA - Any apparatus designed for the transmitting and/or receiving of electromagnetic waves, including but not limited to telephonic, radio or television communications. Types
of elements include, but are not limited to omni-directional (whip) antennas, sectorized (panel) antennas, multi or single bay (FM & TV), yagi, or parabolic (dish) antennas.
2. ANTENNA ARRAY - A single or group of antenna elements and associated mounting hardware, transmission lines, or other appurtenances which share a common attachment device, such as
a mounting frame or mounting support structure, for the sole purpose of transmitting or receiving electromagnetic waves.
3. ANTENNA ELEMENT - Any antenna or antenna array.
4. ANTENNA SUPPORT STRUCTURE - A vertical projection composed of metal or other material with or without a foundation that is designed for the express purpose of accommodating antennas
at a desired height. Antenna support structures do not include any device used to attach antennas to an existing building, unless the device extends above the highest point of the building
by more than twenty (20) feet. Types of support structures include the following:
a. GUYED - A style of antenna support structure consisting of a single truss assembly composed of sections with incorporated bracing. The sections are attached to each other, and the
assembly is attached to a foundation and supported by a series of wires that are connected to anchors placed in the ground or on a building.
b. LATTICE - A tapered style of antenna support structure that consists of vertical and horizontal supports with multiple legs and cross-bracing, and metal crossed strips or bars.
c. MONOPOLE - A style of freestanding antenna support structure consisting of a single shaft usually composed of two (2) or more hollow sections without guy wires and the like or in
the ground or on a building's roof.
5. ANTENNA, COMBINED - An antenna or an antenna array designed and utilized to provide services for more than one (1) wireless provider for the same or similar type of services.
6. ATTACHED - An antenna or antenna array that is secured to an existing building or structure with any accompanying pole or device which attaches it to the building or structure, together
with transmission cables, and an equipment cabinet, which may be located either on the roof or inside/outside of the building or structure. An attached wireless communications facility
is considered to be an accessory use to the existing principal use on a site. (See also "Freestanding").
2013 S-42 70
Definitions
7. CONCEALED - Also known as "stealth" or "camouflaged", means a type of WCF, ancillary structure, or WCF equipment compound, that is not readily identifiable as such, and is designed
to be aesthetically compatible with existing and proposed building(s) and uses on a site. There are two (2) types of concealed WCFs, namely, attached and freestanding. They are further
described as follows:
a. ATTACHED - Examples of concealed attached facility include, but are not limited to the following: painted antenna and feed lines to match the color of a building or structure, faux
windows, dormers or other architectural features that blend with an existing or proposed building or structure.
b. FREESTANDING - Concealed WCFs usually have a secondary, obvious function which may be, but is not limited to the following: church steeple, windmill, bell tower, clock tower, cupola,
light standard, flagpole with or without a flag, or tree. (See also "Non-concealed").
8. CO-LOCATION - The practice of installing and operating multiple wireless carriers, service providers, and/or radio common carrier licensees on the same antenna support structure or
attached wireless communication facility using different and separate antenna, feed lines and radio frequency generating equipment.
9. FREESTANDING - Any manned or unmanned location for the transmission and/or reception of radio frequency signals, or other wireless communications, and usually consisting of an antenna
or group of antennas, feed lines, and equipment cabinets, and may include an antenna support structure. A freestanding wireless communication facility includes, but is not limited to
the following: guyed, lattice, or monopole antenna support structures. (See also “Attached”).
10. MITIGATION - A modification of an existing antenna support structure to increase the height, or to improve its integrity, or to replace or remove one (1) or several antenna support
structure(s) located in proximity to a proposed new antenna support structure in order to encourage compliance with these Regulations or improve aesthetics or functionality of the overall
wireless network.
11. NON-CONCEALED - A wireless communication facility that is readily identifiable as such and can be either freestanding or attached (See also “Concealed”).
12. RADIO FREQUENCY EMISSIONS - Any electromagnetic radiation or other communications signal emitted from an antenna or antenna-related equipment on the ground, antenna support structure,
building, or other vertical projection.
WIRELESS COMMUNICATIONS - Any personal wireless service, which includes but is not limited to, cellular, personal communication services (PCS), specialized mobile radio (SMR), enhanced
specialized mobile radio (ESMR), unlicensed spectrum services utilizing devices described in Part 15 of the FCC rules and regulations (e.g., wireless internet services and paging).
WOOD PRODUCTS - An establishment primarily engaged in processing and fabricating purchased wood and/or wood parts into a variety of intermediate or final products. This use excludes
pulp mills, wood preserving, pressure treating, and/or drying.
WORKFORCE HOUSING UNIT - A dwelling to be sold or leased to an individual or family that is income qualified in which the rent or mortgage payments (including principal, interest, taxes,
insurance and homeowner association fees) does not exceed thirty-five percent (35%) of the gross income of households that are classified as low or moderate income households.
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WORKMANLIKE STATE OF MAINTENANCE AND REPAIR - In compliance with all codes and ordinances pertaining to construction of buildings and installation of utilities.
WORKSHOP - See “Contractor’s Workshop.”
WRECKED MOTOR VEHICLE - A motor vehicle defined as such in the City of Boynton Beach Code of Ordinances.
XERISCAPE - A set of landscape design and maintenance principles that promote good horticultural practice and the efficient use of water. The term “Xeriscape” is a registered trademark
of the National Xeriscape Council and means water conservation through the use of drought tolerant landscaping or appropriate plant materials that do not require special attention and
require little supplemental water to survive. Xeriscape designs do not resemble desert landscape but reflect the lush traditional appearance of Florida gardens.
YARD - An open space on the same lot with a building unoccupied and unobstructed from ground upward, except by trees or shrubbery or as otherwise provided herein.
YARD AREA - The front, side and rear yard areas as established and required under the zoning code and the zoning district requirements as applicable thereto.
ZONING CODE - That portion or section of the Land Development Regulations that establishes or regulates, including but not limited to permitted or conditional uses, minimum lot standards
and site regulations, building heights, accessory uses and structures, and nonconforming lots and uses.
ZONING DISTRICT - Any certain designated area of the city to which these regulations apply and within which the zoning regulations are generally uniform.
ZONING DISTRICT, COMMERCIAL - See “Commercial Zoning District.”
ZONING DISTRICT, CONVENTIONAL - See “Conventional Zoning District.”
ZONING DISTRICT, INDUSTRIAL - See “Industrial Zoning District.”
ZONING DISTRICT, MISCELLANEOUS - See “Miscellaneous Zoning District.”
ZONING DISTRICT, MIXED USE - See “Mixed Use Zoning District.”
ZONING DISTRICT, PLANNED - See “Planned Zoning District.”
ZONING DISTRICT, RESIDENTIAL - See “Residential Zoning District.”
(Ord. 10-025, passed 12-7-10; Am. Ord. 11-002, passed 3-1-11; Am. Ord. 11-017, passed 6-7-11; Am. Ord. 11-019, passed 8-2-11; Am. Ord. 11-020, passed 9-20-11; Am. Ord. 11-023, passed
10-4-11; Am. Ord. 11-028, passed 10-18-11; Am. Ord. 12-002, passed 3-6-12; Am. Ord. 12-008, passed 5-15-12; Am. Ord. 12-010, passed 6-19-12; Am. Ord. 12-016, passed 10-2-12; Am. Ord.
13-013, passed 6-4-13; Am. Ord. 13-020, passed 7-2-13; Am. Ord. 13-027, § 2, passed 10-1-13; Am. Ord. 13-029, § 2, passed 11-19-13; Am. Ord. 15-002, passed 3-17-15; Am. Ord. 15-003,
passed 3-17-15; Am. Ord. 15-006, passed 3-2-15; Am. Ord. 15-015, passed 6-16-15)
2015 S-46 72
Relationship to Comprehensive Plan
ARTICLE III. RELATIONSHIP TO COMPREHENSIVE PLAN
Sec. 1. Authority.
The City of Boynton Beach Comprehensive Plan, hereinafter referred to as the "Plan" as amended, has been adopted in compliance with, and pursuant to, the Local Government Comprehensive
Planning and Land Development Regulation Act, F.S. §§ 163.3161, et seq., and Chapter 9J-5, Florida Administrative Code.
(Ord. 10-025, passed 12-7-10)
Sec. 2. Contents.
The Plan consists of the following elements: Future Land Use, Housing, Utilities (which includes the sub-elements of Sanitary Sewer, Potable Water, Solid Waste, Drainage and Natural
Groundwater Aquifer Recharge), Conservation, Recreation and Open Space, Traffic Circulation, Coastal Management, Intergovernmental Coordination and Capital Improvement.
All background data, studies, surveys, economic assumptions, analysis and inventory maps that are utilized in the formulation of the Plan but not adopted as part of the Plan shall be
compiled into support document(s). These document(s) shall be maintained as official public record and available to the public for inspection.
(Ord. 10-025, passed 12-7-10)
Sec. 3. Purpose and Intent.
These Land Development Regulations are adopted to implement the objectives and policies of the Plan. It is the purpose and intent of the Plan and the Land Development Regulations to
encourage the most appropriate use of land, water, and other resources consistent with the public interest, and to adequately plan for and guide growth and development within the city.
Nothing in this Plan, or in the Land Development Regulations adopted consistent with its requirements shall be construed or applied to as to result in an unconstitutional temporary or
permanent taking of private property or the abrogation of validly existing vested rights.
(Ord. 10-025, passed 12-7-10)
Sec. 4. Preemption.
In the event that the Plan is more restrictive than existing development regulations, the provisions of the Plan shall prevail.
(Ord. 10-025, passed 12-7-10)
Sec. 5. Future Land Use Map (FLUM).
A. Adoption. The designation boundaries hereinafter set forth and delineated on the future land use map, including all explanatory matter thereon, is hereby adopted. The future land
use map shall be maintained as a digital format GIS document. The most recent version of the land use map shall be kept on file, in printed form, in the office of the City Clerk.
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B. FLUM Classifications and Corresponding Zoning Districts (Table 1-1). The following table shows the future land use map classifications and their corresponding zoning districts:
Zoning
Districts
Future Land Use Map (FLUM) Classification
(including maximum dwelling units per acre)
LDR (5)
MoDR (7.5)
MeDR (10)
HDR (11)
SHDR (20)
OC
LRC
GC
MXS (20)
MX (40)
MX-C (80)
I
R
PPGI
DRI
R-1-AAB
≤5
R-1-AA
≤5.5
R-1-A
≤6
R-1
≤7.5
R-2
≤10
R-3
IPUD
PUD
MHPD
C-1
C-2
C-3
C-4
CBD
PCD
SMU
MU-L1
≤20
MU-L2
MU-L3
MU-H
M-1
PID
REC
PU
LDR: Low Density Residential
MXS: Mixed Use Suburban
MoDR: Moderate Density Residential
MX: Mixed Use
MeDR: Medium Density Residential
MX-C: Mixed Use Core
HDR: High Density Residential
I: Industrial
SHDR: Special High Density Residential
R: Recreation
OC: Office Commercial
PPGI: Public & Private Government/Institutional
LRC: Local Retail Commercial
DRI: Development of Regional Impact
GC: General Commercial
(Ord. 10-025, passed 12-7-10)
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Redevelopment Plans
ARTICLE IV. REDEVELOPMENT PLANS
Sec. 1. General.
A. Purpose and Intent. The city's Land Development Regulations are intended to further the goals, objectives, guidelines, and recommendations of the adopted redevelopment plans.
B. Identification of City's Redevelopment Plans. Each redevelopment plan approved by the City Commission is hereby adopted by reference in these Land Development Regulations and identified
as the following:
1. Federal Highway Corridor Community Redevelopment Plan;
2. Heart of Boynton Community Redevelopment Plan;
3. Ocean District Community Redevelopment Plan; and
4. Downtown Vision and Master Plan.
(Ord. 10-025, passed 12-7-10)
Sec. 2. Compliance with Redevelopment Plans.
All new development and redevelopment shall comply with the performance and development standards contained in the LDR, as well as with any technical codes or requirements adopted by
the city. Furthermore, each project shall be reviewed for consistency with the applicable redevelopment plan, and certain restrictions or recommendations may be imposed to further the
purpose and intent or vision of the redevelopment plan.
(Ord. 10-025, passed 12-7-10)
Sec. 3. Amendments to Land Development Regulations.
Subsequent amendments to the Land Development Regulations shall consider impact to, and consistency with, the respective redevelopment plan.
(Ord. 10-025, passed 12-7-10)
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Housing Initiatives
ARTICLE V. HOUSING INITIATIVES
Sec. 1. State Housing Initiatives Partnership Act.
A. General.
1. Short Title. This section shall hereafter be known and may be cited as the "Act."
2. Purpose and Intent. The purpose of this section is to implement the Act, whose intent includes but is not limited to the following:
a. Increase Availability. To increase the availability of affordable housing by combining local resources and cost saving measures, as applicable, and by using private and public
resources to reduce the cost of housing;
b. Efficient Use of Land. To promote more compact urban development, and to assist in achieving the growth management goals contained in the adopted local comprehensive plan by allowing
more efficient use of land so as to provide housing units that are more affordable;
c. Integration. To establish a strong sense of community through increased social and economic integration;
d. Community-based Organizations. To build the organizational and technical capacity of community-based organizations so as to optimize the role of community-based organizations in
the production of affordable housing;
e. Innovative Design. To promote innovative design of eligible housing, and its supporting infrastructure, to provide for cost savings in the provision of such housing; and
f. Expedited Review. To promote expedited permit processing systems for affordable housing.
3. Definitions. For the purposes of this section, definitions contained in the Act are adopted herein by reference.
B. Local Housing Assistance Program.
1. General. There is hereby created and established a local housing assistance program, hereinafter referred to as the "Program" by the City of Boynton Beach, to be implemented and
administered by the city. The city shall implement the Program, within the city, consistently with the requirements of the Act. The city's Community Redevelopment Department shall
be responsible for administration of the local assistance program.
2. Provisions. The city hereby indicates that five percent (5%) of the funding to be used for administration of the program is insufficient, and therefore elects to utilize ten percent
(10%) of the funding for administration purposes.
C. Affordable Housing Assistance Trust Fund. Pursuant to the requirements of the Act, the city agrees to establish an Affordable Housing Trust Fund ("Fund") within the official and
fiscal accounting records of the
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city. All monies deposited in the Fund shall be subject to the requirements of the Act and this section. The city shall cause the Fund to be audited, and shall report the results of
such audit as required by the Act.
D. Citizens Advisory Committee. This section shall cause the creation of a Citizens Advisory Committee to act in the role of the Affordable Housing Advisory Committee, as required by
the Act. The composition and function of the Committee shall be in accordance with the requirements of the Act.
E. Affordable Housing Incentive Plan (HIP). The city will, within one (1) year of adoption of Ordinance No. 97-11, adopt a HIP as required by Florida Statutes. The HIP may be amended
from time to time and shall include but not be limited to the following:
1. Art in Public Places Fee Exemptions. Pursuant to City Code of Ordinances Part II, Chapter 2, Article XII, the following types of projects are exempt from the payment of the public
art fee:
a. The percent of the project dedicated to affordable housing as defined by the City of Boynton Beach.
b. Single-family and two-family in-fill housing.
2. Expedited Review. Pursuant to Chapter 2, Article I, Section 4.A.3., residential developments that provide affordable housing and workforce housing units, as defined in the city's
Workforce Housing Ordinance, shall be afforded expedited reviews for site plans, building permit applications, and required inspections.
F. Affordable Housing Cost Impact Review. To prevent or mitigate unintended negative impacts of amendments to these Land Development Regulations on the cost of affordable housing, prior
to the adoption of any amendment, the planning staff will review a potential for such an impact and provide recommendations to the City Commission. As part of the subject review, staff
will coordinate with the Community Improvement Division and, if appropriate, consult with the outside agencies promoting affordable housing, or any other entities in order to obtain
relevant information.
(Ord. 10-025, passed 12-7-10)
Sec. 2. Workforce Housing Program.
A. Findings.
1. Housing Shortage. The City Commission having conducted a Housing Needs Assessment (Attachment A) has determined that there is a housing shortage within the City of Boynton Beach
that is affordable to the everyday working families and citizens of the city;
2. Florida Statutes. F.S. § 166.04151 provides that a municipality may adopt and maintain any ordinance that is adopted for the purpose of increasing the supply of workforce housing
using land use mechanisms not withstanding any other provision of law;
3. Housing Cost/Wage Gap. The City Commission recognizes that there is a growing gap between housing costs and wages in the city;
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Housing Initiatives
4. Public Interest. The City of Boynton Beach has a legitimate public interest in preserving the character and quality of neighborhoods which requires assuring the availability of
workforce housing for low and moderate income persons in the city;
5. Sense of Community. The city recognizes that the need to provide workforce housing is critical to maintaining a diversified and sustainable city having the character and sense of
community where people can live and work in the same area; and
6. Housing Availability. The city is encouraging the production and availability of workforce housing and at the same time is cognizant that escalating land costs and rapidly diminishing
amounts of land hinder the provision of sufficient workforce dwelling units by the private sector.
B. Applicability. Except as otherwise provided in these Regulations, these Regulations shall apply to development applications consistent with the following conditions:
1. Developments with a residential component for which any land use and/or zoning category permitting the density in excess of ten (10) dwelling units per acre, including the requests
for planned development districts in cases where the desired future land use classification is already in place and allows such densities;
2. Major modification of a development site plan if (1) the previous approval includes a density as described in Section 2.B.1 above; and (2) such modification proposes more housing
units than previously approved; and (3) the previous development approval was granted after April 3, 2007; in such a case, these regulations will apply to additional units only; and
3. Developments whose previous approval was consistent with Section 2.B.1. above.
C. Provisions. Developers may be entitled to the requested higher density land use and zoning category if providing workforce housing units as stated below, subject to the limits and
requirements of this article.
1. Eligibility Criteria. To be eligible for the requested higher density land use, the following percentage of workforce housing units must be incorporated into the development:
a. High and Special High Density Residential - Twenty percent (20%) of the total number of proposed residential units in the development shall be designated as workforce housing units.
b. Mixed Use - Fifteen percent (15%) of the total number of proposed residential units in the development shall be designated as workforce housing units.
c. Mixed Use Core - Ten percent (10%) of the total number of proposed residential units in the development shall be designated as workforce housing units.
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d. Land Use, Zoning, and Density (Table 1-2).
Land Use
Classification
Zoning
Districts
Maximum
Density
High Density Residential
Planned Unit Development (PUD)
Infill Planned Unit Development (PUD)
11 du/acre
11 du/acre
Special High Density Residential (SHDR)
Planned Unit Development (PUD)
Infill Planned Unit Development (PUD)
20 du/acre
20 du/acre
Mixed Use-Core (MXC)
Mixed Use-High Intensity (MU-H)
80 du/acre
Mixed Use (MX)
Mixed Use-Low Intensity 1 (MU-L1)
Mixed Use-Low Intensity 2 (MU-L2)
Mixed Use-Low Intensity 3 (MU-L3)
20 du/acre
30 du/acre
40 du/acre
2. Household (Income) Type. Twenty-five percent (25%) of the total required workforce housing units shall be set aside for low income households. Seventy-five percent (75%) of the
total required workforce housing units shall be set aside for moderate income households.
3. Fractions. If the required number of workforce housing units results in a fractional remainder greater than one-half (0.50), the number shall be rounded up. If the required number
of workforce housing units results in a fractional number less than one-half (0.50), the number shall be rounded down.
4. Number of Units. The workforce housing units provided shall have the same percentage of unit types as market rate units within the development unless a contrasting unit type is
intended to address particular needs existing within the community at the time of approval and substantiated by written evidence such as related reports or data. If the application
involves a major modification of an existing development, only the additional units are used in determining the required unit mix.
5. Unit Size and Construction. All units shall meet the requirements for unit size and construction as specified in this chapter and meet all required Land Development Regulations
and applicable building codes.
6. Staff Approval. At the time of application for land use classification amendment and rezoning category change the project must be reviewed and signed off by the Community Improvement
Division of the city as part of the site plan approval process for compliance with affordability guidelines and number of units qualifying as workforce.
7. Site Plan. The site plan shall clearly identify the location of workforce housing units. Additionally, tabular data must be included on the site plan showing the address or unit
number, total number of units, number of bedrooms of workforce housing units and the targeted income levels. This shall be included with the market rate data.
8. Sale Restrictions. Workforce housing units shall include those units in a development, which are regulated in terms of:
a. Initial sales price or rent levels; and
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Housing Initiatives
b. Subsequent resale prices or leasing rates.
c. If compliance with a land development standard would preclude construction of a residential or mixed use development in which workforce housing units are included, pursuant to this
chapter, the applicant may submit a proposal for waiver or reduction of the development standard. The applicant shall show that the waiver or reduction of the development standard is
necessary to make the workforce housing units economically feasible and that such a waiver will not compromise any of the city's life or safety standards.
9. Recording the Restrictive Covenant. Prior to the issuance of any building permit, the restrictive covenant and agreement shall be recorded in the public records of Palm Beach County.
The term of the restrictive covenant shall be thirty (30) years. A copy of the recorded covenant and agreement shall be provided to the city prior to the issuance of the building permit.
D. Off-site Options. Developers are required to include workforce housing units in any development in which special high density residential, mixed use or mixed use core land use is
requested. However, in the case of developments in which eighty percent (80%) of the residential unit sales prices will exceed five hundred thousand dollars ($500,000), paving a fee
in lieu of creating the workforce housing units on-site donating land, purchasing and donating market rate units or building off-site for the required number of workforce housing units
may be permitted at the recommendation of the Community Improvement Department.
In any case where off-site options are permitted, twenty-five percent (25%) of the total required workforce housing units shall be built on-site of the subject development. Off-site
options are not applicable to rental developments. All required workforce housing units must be constructed within the subject development.
1. Payment In-Lieu (Table 1-3). Contribute the per unit price listed in the table below to the Boynton Beach Housing Trust to be utilized subsidize the creation of workforce housing
within the city in-lieu of fees shall be paid in full prior to the issuance of building permit.
Payment In Lieu for Creating Required Workforce Housing Units
(per unit required)
One Bedroom
$ 60,000
Two Bedroom
$ 80,000
Three+ Bedroom
$ 100,000
2. Donate Land. The value of the land shall equal or exceed the total "in-lieu of" fee for all required workforce units or shall be of sufficient size to develop the same number of
required units. The value of the donated land must be verified by a MAI appraisal no more than three (3) months old. The appraisal shall be obtained by developer at developer's cost
to verify the value of donated land. The land shall be deeded to the city prior to the issuance of a final certificate of occupancy for the development.
3. Off-Site Construction. The required workforce housing units may be built off-site. All off-site workforce housing units shall comply with all sections of these Regulations. Building
permits shall be issued for a minimum of fifty percent (50%) of the required workforce housing units to be constructed off-site prior to the issuance of the first certificate of occupancy
in the subject development. All off-site
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Boynton Beach Code
workforce housing units must receive a certificate of occupancy prior to the issuance of more than seventy-five percent (75%) of the certificate of occupancies in the subject development.
4. Purchase Market Rate Units. Purchase an equivalent number of existing market rate units to be deeded to the city or sold to eligible households. Such units shall be deed restricted
to comply with the Workforce Housing Ordinance. The developer may retain the title to off-site units subject to recordation of a city approved deed restriction. A minimum of fifty
percent (50%) of the units must be purchased and deeded to the city or deed restricted prior to the issuance of the first certificate of occupancy in the subject development. All workforce
housing units shall be purchased and deeded to the city or deed restricted prior to issuance of more than seventy-five percent (75%) of the certificate of occupancies in the subject
development.
E. Rental Housing Units.
1. Recording of the Restrictive Covenant. A restrictive covenant shall be recorded in the public records specifying the income level served, rent levels, reporting requirement and
all restrictions applicable to the workforce housing units. All leases on workforce housing units shall contain language incorporating the restrictive covenant applicable to the workforce
housing units and shall reference the recorded restrictive covenant. The restrictive covenant shall remain in force for thirty (30) years.
2. Rental Rates.
a. Units targeted to low income households at fifty percent (50%) to the eighty percent (80%) of the Palm Beach County median income, adjusted for family size, shall not have rental
rates that exceed one hundred percent (100%) of the HUD determined fair market rent for the area.
b. Units targeted to moderate income households at eighty percent (80%) to the one hundred twenty percent (120%) of the Palm Beach County median income, adjusted for family size, shall
not exceed one hundred percent (100%) of the HUD determined fair market rent for the area.
3. Tenant Income Qualification. Tenant income qualification records shall be maintained on-site and a yearly report shall be forwarded to the Community Improvement Division of the
City of Boynton Beach for compliance determination.
F. For-Sale Housing Units.
1. Restrictive Covenant. All deeds shall include the restrictive covenant applicable to workforce housing units. All sales contracts shall state that the unit is part of a workforce
housing program and subject to the Land Development Regulations of the city. The restrictive covenant shall remain in force for thirty (30) years. The form of deed for workforce housing
units shall be approved by the City Attorney.
2. Resale. The restrictive covenants shall state that during the affordability term, the resale of a workforce housing unit shall be subject to the following resale requirements.
a. All workforce housing unit owners shall notify the city immediately that the unit is for sale. The city shall have first right of refusal to purchase the unit. Upon receipt of
notice that a valid offer has been made on the unit, the city shall have fifteen (15) days to invoke its right of refusal to purchase the units.
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Housing Initiatives
b. All workforce housing units are to be resold only to low or moderate income qualified households at an attainable housing cost for each targeted income range.
3. Required Occupancy. Purchasers of workforce housing units shall be required to occupy the unit.
4. Closing Costs. No charges or fees shall be imposed by the seller on the purchaser of a workforce housing unit which is in addition to or more than charges imposed upon purchasers
of market rate units, except for administrative fees charged by the city/CRA, or their designee.
5. Sales Price Calculations. Sales prices for workforce housing units will be calculated on the basis of:
a. An available fixed-rate thirty (30)-year mortgage, consistent with a “blended rate” for Palm Beach County banks, and/or the Florida Housing Finance Authority. A lower rate may
be used in calculating workforce housing prices if the developer can guarantee the availability of fixed-rate thirty (30)-year mortgage at this lower rate for all workforce housing units
required for the covered project;
b. A down payment of no more than ten percent (10%) (including any down payment assistance provided by SHIP or other sources) of the purchase price;
c. A calculation of property taxes; and
d. A calculation of homeowner insurance, mortgage insurance, homeowner association fees, property management fees and other closing costs.
6. Compliance. Prior to request for final certificate of occupancy for the development, the developer shall provide to the city’s Community Improvement Department, or designee, documentation
sufficient to demonstrate compliance with the workforce housing program. Such documentation shall include but is not limited to information regarding the identity and income qualification
documentation for all occupants of the workforce housing units, proof of recordation of restrictive covenant in approved form.
G. Resale Requirements. To maintain the availability of workforce housing units which may be constructed or substantially rehabilitated pursuant to the requirements of this program,
the following resale conditions shall be imposed on the workforce housing units and included in the deed and restrictive covenant recorded in the Public Records of Palm Beach County:
1. Location of Units. All workforce housing units constructed or substantially rehabilitated under this program shall be situated within the development so as not to be in less desirable
locations than market-rate units in the development and shall, on average, be no less accessible to public amenities, such as open space, as the market-rate units.
2. Integration. Workforce housing units within a development shall be integrated with the rest of the development and shall be compatible in exterior design and appearance, construction,
and contain comparable HV/AC systems as market rate units.
3. Number of Units. The developer shall provide workforce housing units that include unit types in the same proportion as the market rate housing units unless a contrasting unit type
is intended to address particular needs existing within the community at the time of approval and substantiated by written evidence such as related reports or data.
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a. If the development contains a mix of different types of units, (e.g. condominium, townhouse, detached, etc.), the proportion of workforce housing units of each type to total workforce
housing units must be approximately the same as the proportion of market rate units of each type to total market rate units.
b. If the development includes both for sale and for rent units, the proportion of for rent workforce housing units to for sale workforce housing units must not exceed the proportion
of for rent market rate units to for sale market rate units.
c. The number of bedrooms per unit must be proportionate between workforce and market rate units.
4. Construction Phasing. The construction schedule for workforce housing units shall be consistent with or precede the construction of market rate units.
5. Lot Premiums. There shall be no lot premiums charged on the workforce housing units.
6. Sales Price. All required workforce housing units shall be offered for sale or rent at an attainable housing cost for each of the targeted income ranges.
7. City Approval. The city, its successors and assigns may enforce the covenants. No amendments to the restrictive covenant shall be made unless by written instrument approved by
the city.
H. Monitoring and Compliance.
1. Qualified Buyers. Final approval conditions: Final conditions of approval shall specify that the workforce housing units are sold to buyers whose income does not exceed one hundred
twenty percent (120%) of median household income for Palm Beach County as set by HUD. The conditions will also specify the requirements for reporting to the city's Community Improvement
Division on buyer eligibility, housing prices, as well as any applicable requirement to record the restrictive covenant or to enforce resale restrictions.
2. Surety. At the time of request for final certificate of occupancy for the development, if the workforce housing units have not been sold to income qualified persons, the developer
shall deposit in the form of a surety bond, the amount equal to one hundred ten percent (110%) of the applicable “in-lieu” of fee to the city’s Housing Trust Fund. Upon verification
that the required number of workforce housing units has been sold to income qualified persons, the surety will be released.
3. Enforcement. The city may enforce the requirements of the Workforce Housing Ordinance through any cause of action available at law or equity, including but not limited to seeking
specific performance, injunctive relief, rescission of any unauthorized sale or lease, during the term of the restrictive covenant.
4. Annual Report. The Community Improvement Department shall submit an annual report to the City Commissioners indicating the status of the Workforce Housing Ordinance, including but
not limited to the number of units created, leased and sold.
I. Suspension of Program. Commencing December 15, 2011 and ending December 14, 2015 application of the Workforce Housing Program is suspended and parties to whom it may apply are relieved
of any compliance
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Housing Initiatives
requirements. The Workforce Housing Program will automatically be re-implemented upon expiration of the suspension of the application and enforcement of the Program.
(Ord. 10-025, passed 12-7-10; Am. Ord. 11-031, passed 12-6-11; Am. Ord. 13-034, § 2, passed 12-3-13; Am. Ord. 14-035, passed 1-6-15)
2015 S-45 8A
Boynton Beach Code
8B
Concurrency Management System
ARTICLE VI. CONCURRENCY MANAGEMENT SYSTEM
Sec. 1. General.
A. Short Title. This article shall be known and cited as the "City Concurrency Management System."
B. Purpose and Intent. This article is intended to implement and be consistent with the City of Boynton Beach Comprehensive Plan, in that land development activity shall not degrade
the level of service (LOS) standards established in the city's Comprehensive Plan for public facilities, and in that adequate public facilities are to be in place concurrent with new
development. The Concurrency Management System (CMS) requires:
1. Inventory of Public Facilities and Capacities. City staff shall maintain an inventory of existing public facilities for which level of service (LOS) standards have been adopted
and for which concurrency is to be determined.
2. Concurrency Review of Proposed Developments. Each development application must be reviewed to determine if adequate capacity is or will be available to serve the proposed development.
3. Schedule of Improvements to Public Facilities. The city shall ensure the implementation of improvements to public facilities to correct deficiencies or expand capacity to adequately
serve existing and new development. The program will include capital projects in the city's capital facilities budget and improvements required of new development.
C. Applicability.
1. Public Facilities/Services Subject to Concurrency Review. Based on the LOS standards set forth in the adopted Comprehensive Plan, a concurrency determination shall be made for the
following public facilities/ services:
a. Roadways, county and state;
b. Roadways, local;
c. Potable water;
d. Sanitary sewer;
e. Solid waste;
f. Stormwater drainage;
g. Parks; and
h. Public school facilities that are under the supervision of the School District of Palm Beach County.
2. Development Order Applications Subject to Concurrency Review. The following categories of development order applications shall undergo concurrency review:
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a. Master Plan/Site Plan;
b. Major Master Plan/Site Plan modification involving increased intensity of development; and
c. Single-family subdivision plat for more than three (3) lots.
D. Exemptions. The following type of development orders or permits are exempt from the concurrency requirements for public facilities:
1. One (1) single-family home or duplex on an existing platted lot;
2. Replacement or modification of existing residential buildings or non-residential buildings, unless there is an increase in the number of units or increase in floor area or intensity
of use; only the net increase will be subject to concurrency review;
3. All development orders or permits approved prior to July 17, 1990;
4. Development located within the area designated as a transportation concurrency exception area (TCEA) in the city's Comprehensive Plan (roads only);
5. Development orders or permits applied for after November 7, 1989 and before February 1, 1990, and recorded on the previous approval determination list pursuant to Article 12, the
Palm Beach County Unified Land Development Code (state and county roads only); and
6. Development orders and permits determined to be otherwise fully vested by City Attorney and approved as such by the City Commission.
E. Long-Range Capacity Planning.
1. Applications for future land use map (FLUM) amendments are subject to long-range capacity availability review.
2. Any application to rezone to a planned zoning district requires a master plan in accordance with Chapter 2, Article II, Section 2.D.6., and such master plan shall be subject to concurrency
review as required in Section 1.C.2. above.
3. Any application to rezone to a conventional zoning district without a concurrent application for FLUM amendment is presumed vested and shall not be subject to long-range capacity
availability review.
(Ord. 10-025, passed 12-7-10)
Sec. 2. Concurrency Review Requirements.
A. Findings. For all development subject to concurrency review, the following findings shall be established:
1. The impacts created by the proposed development;
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Concurrency Management System
2. Whether the public facilities covered under the CMS will be available concurrent with the impacts of new development at the adopted LOS;
3. Facility(s) improvements or additions that are required to ensure the finding of concurrency; and
4. The entity responsible for the implementation of all required facility(s) improvements or additions.
B. Minimum Requirements for Concurrency. A development order shall only be issued if adequate levels of service are available for all types of public facilities/services listed in Section
1.C.1. above. For these facilities, concurrency will be achieved if the following conditions are met:
1. Potable Water, Sanitary Sewer, Drainage, and Solid Waste. The applicant has complied with the requirement of Chapter 26, Section 26-34, Capital Facilities Charges and Connection
Charges of the Code of Ordinances, and:
a. The necessary facilities and services exist at the time the development order application is being evaluated;
b. The development order is conditioned such that the necessary facilities and services will be in place when development impacts occur; or
c. A development agreement guarantees that the necessary facilities and services will be in place when the development impacts occur.
2. Parks and Recreation. The applicant has complied with the requirements of the Park and Recreation Facilities Impact Fee ordinance, and:
a. The necessary facilities and services exist at the time the development order application is being evaluated;
b. The development order is conditioned such that the necessary facilities and services will be in place when development impacts occur;
c. A development agreement guarantees that the necessary facilities and services will be in place when the development impacts occur; or
d. A development agreement guarantees that the adopted level of service standards will be maintained with new facilities. Completion of the new facilities must occur within one (1)
year of the development order approval.
3. Roads. The applicant has complied with the requirements of Palm Beach County Traffic Performance Standards (TPS) ordinance, if applicable, and:
a. The adopted LOS standards are maintained with existing public facilities at the time the development order application is being evaluated;
b. The development order is conditioned such that the adopted level of service standards will be maintained when development impacts occur; or
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c. A development agreement guarantees that the adopted level of service standards will be maintained when the development impacts occur.
(Ord. 10-025, passed 12-7-10)
Sec. 3. Concurrency Review Procedures.
A. Responsibility. The Planning and Zoning Division is responsible for coordination of the concurrency review as part of the development review process for all development order applications
as listed in Section 1.C.2. above. The Building Division is responsible for the coordination of the concurrency review for single-family subdivision plats.
1. City-Owned Facilities. The following departments or persons are responsible for evaluation of adequacy of existing and planned facilities with regard to concurrency:
a. The Utilities Department shall evaluate potable water, sanitary sewer and public drainage system;
b. The Parks and Recreation Department shall evaluate recreation and open space; and
c. The City Engineer shall evaluate local roads.
2. On-Site Drainage System. The Engineering Department shall evaluate private, on-site drainage system.
3. Roads Under Jurisdiction of Palm Beach County. The Traffic Division of Palm Beach County shall review concurrency for compliance with the Traffic Performance Standards (TPS). No
building permits may be issued by the city until the Traffic Division approves the analysis for traffic concurrency requirements.
4. Concurrency for Solid Waste Disposal. Concurrency for solid waste disposal shall be evidenced by the annual certification of availability of solid waste disposal capacity issued
by the Palm Beach County Solid Waste Authority.
5. School Concurrency for Residential Developments. The School District of Palm Beach County shall conduct a concurrency review for public school facilities. No building permits may
be issued by the city until the School District issues a concurrency determination letter for subject development.
B. Capacity Availability Review for FLUM Amendments. All land use amendment applications shall be subject to long-term capacity availability review for water, sewer and road facilities.
Such reviews will be based on impacts for the most intensive uses permitted under the requested land use classification.
C. Demonstration of Compliance by Applicant. The burden of showing compliance with adopted LOS standards and meeting concurrency shall be that of the applicant. Applications for development
approval shall provide sufficient and verifiable information showing compliance with these standards, and/or enabling the city to conduct the review for concurrency as detailed in this
article. The applicant will be directed to the appropriate staff to assist in the preparation of the necessary information.
(Ord. 10-025, passed 12-7-10)
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Concurrency Management System
Sec. 4. Concurrency Rights Reservation and Effective Period.
A. County and State Roadways. The Palm Beach County Traffic Division's letter of compliance with the TPS ordinance shall constitute a certificate of concurrency, in that the capacity
reservation shall expire on the build-out date listed in the letter. Upon its expiration, no permits shall be issued without submittal of a new letter of compliance from Palm Beach
County.
B. Other Facilities/Services. Approved development order shall constitute a certificate of concurrency in that the capacity of public facilities upon which the concurrency review was
based shall be reserved for the life of the development order and shall expire upon its expiration.
(Ord. 10-025, passed 12-7-10)
Sec. 5. Proportionate Fair-Share Program.
A. Purpose and Intent. The purpose of this section is to establish a method whereby the impacts of development on transportation facilities can be mitigated by the cooperative efforts
of the public and private sectors, to be known as the Proportionate Fair-Share Program, as required by and in a manner consistent with Florida Statutes as amended from time to time.
B. Applicability. The Proportionate Fair-Share Program shall apply to all developments that fail to meet the standards of this article on a roadway within the city that is not the responsibility
of Palm Beach County or the Florida Department of Transportation (FDOT). The Proportionate Fair-Share Program does not apply to developments of regional impact (DRIs) using proportionate
fair-share under Florida Statutes, projects exempted from this article, or for projects that received traffic concurrency approval prior to January 1, 2007.
C. General Requirements. An applicant may choose to satisfy the transportation concurrency requirements by making a proportionate fair-share contribution, so long as each of the following
requirements is met:
1. The proposed development is consistent with the Comprehensive Plan and applicable land development regulations.
2. The road improvement necessary to maintain the LOS for transportation is identified in the five (5)-year schedule of capital improvements in the Capital Improvement Element (CIE)
of the Comprehensive Plan.
3. Any improvement project proposed to meet the developer's fair-share obligation shall meet the city's design standards for locally maintained roadways.
D. Intergovernmental Coordination. Pursuant to policies in the Intergovernmental Coordination Element of the Comprehensive Plan, the city shall coordinate with Palm Beach County and
other affected jurisdictions, such as FDOT, regarding mitigation to non-city thoroughfare roads impacted by developments located within the city and applying for proportionate fair-share
mitigation. An interlocal agreement may be established with other affected jurisdictions for this purpose.
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E. Application Process.
1. In the event of a lack of capacity, the applicant shall have the opportunity to satisfy transportation concurrency requirements through the Proportionate Fair-Share Program subject
to the requirements of Section 5.C. above.
2. Eligible applicants shall submit the application for review by the City Engineer, who within fourteen (14) working days, will certify that the application is sufficient and complete.
If an application is determined to be insufficient, incomplete, or inconsistent with the general requirements of the Proportionate Fair-Share Program as indicated in Section 5.C. above,
then the applicant will be notified in writing of the reasons for such deficiencies. If such deficiencies are not remedied by the applicant within thirty (30) days of receipt of the
written notification, then the application will be deemed withdrawn.
3. Pursuant to Florida Statutes, as amended from time to time, proposed proportionate fair-share mitigation for development impacts to facilities on the SIS requires the concurrency
of the FDOT. The applicant shall submit evidence of an agreement between the applicant and the FDOT for inclusion in the proportionate fair-share agreement.
4. When an application is deemed sufficient and complete, the applicant shall be advised in writing and a proposed proportionate fair-share obligation and binding agreement prepared
by the city shall be executed by the applicant and delivered to the appropriate parties for review, including a copy to the FDOT for any proposed proportionate fair-share mitigation
on a SIS facility, no later than sixty (60) days from the date at which the applicant received the notification of a sufficient and complete application. If the agreement is not received
by the city within these sixty (60) days, then the application will be deemed withdrawn.
5. No proportionate fair-share agreement will be effective until approved by the city through an administrative approval.
F. Determining Proportionate Fair-Share Obligation.
1. Proportionate fair-share mitigation for transportation concurrency impacts may include, without limitation, separately or collectively, private funds, contributions of land, and
construction and contribution of facilities.
2. A development eligible for participation under the Proportionate Fair-Share Program shall not be required to pay more than its proportionate fair-share. The fair market value of
the proportionate fair-share mitigation for the impacted facilities shall not differ regardless of the method of mitigation.
3. The methodology used to calculate a development's proportionate fair-share obligation shall be as provided for in Florida Statutes:
a. The cumulative number of trips from the proposed development expected to reach roadways during peak hours from the complete build out of a stage or phase being approved, divided
by the change in the peak hour maximum service volume (MSV) of roadways resulting from construction of an improvement necessary to maintain the adopted LOS, multiplied by the construction
cost, at the time of developer payment, of the improvement necessary to maintain the adopted LOS. Mathematically stated as:
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Concurrency Management System
Proportionate Fair-Share = [[(Development Tripsi)/(SV Increasei)] x Costi]
Where:
Development Tripsi = Those trips from the stage or phase of development under review that are assigned to roadway segment "i" and have triggered a deficiency per the city's concurrency
management system; SV Increasei = Service volume increase provided by the eligible improvement to roadway segment "i" per Section 5.C. above;
Costi = Adjusted cost of the improvement to segment "i". Cost shall include all improvements and associated costs, such as design, right-of-way acquisition, planning, engineering
review, inspection, administration, and physical development costs directly associated with construction at the anticipated cost, including contingencies, in the year it will be incurred.
4. For the purposes of determining proportionate fair-share obligations, the City Engineer shall determine improvement costs based upon the actual and/or anticipated cost of the improvement
in the year that construction will occur.
G. Proportionate Fair-Share Agreements.
1. Upon execution of a proportionate fair-share agreement ("agreement"), the applicant shall receive a letter of concurrency approval. Should the applicant fail to apply for a development
permit within one (1) year, then the agreement shall be considered null and void, and the applicant shall be required to reapply, unless the city and the applicant mutually agree to
an extension.
2. Payment of the proportionate fair-share contribution is due in full no later than issuance of the first building permit, and shall be non-refundable. If the payment is submitted
more than ninety (90) days from the date of execution of the agreement, then the proportionate fair-share cost shall be recalculated at the time of payment, pursuant to Section 5.E.
above and adjusted accordingly.
3. In the event an agreement requires the applicant to pay or build one hundred percent (100%) of one (1) or more road improvements, all such improvements shall be commenced prior to
issuance of a building permit and assured by a binding agreement that is accompanied by a performance security, as determined by the city, which is sufficient to ensure the completion
of all required improvements.
4. Dedication of necessary rights-of-way for facility improvements pursuant to a proportionate fair-share agreement shall be completed prior to issuance of the first building permit.
5. Any requested change to a development subsequent to the issuance of a development order may be subject to additional proportionate fair-share contributions to the extent the change
would generate additional traffic that would require additional mitigation.
6. Applicants may submit a letter to withdraw from the proportionate fair-share agreement at any time prior to the execution of the agreement. The application fee and any associated
advertising costs paid to the city will be non-refundable.
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H. Appropriation of Fair-Share Revenues.
1. Proportionate fair-share revenues shall be placed in the appropriate project account for funding of scheduled improvements in the CIE, or as otherwise established in the terms of
the proportionate fair-share agreement. Proportionate fair-share revenues may be used as the fifty percent (50%) local match for funding under the FDOT TRIP, or any other matching requirement
for state and federal grant programs as may be allowed by law.
2. In the event a scheduled facility improvement is removed from the CIE, then the revenues collected for its construction may be applied toward the construction of another improvement
within the city that would mitigate the impacts of development pursuant to the requirements of Section 5.C. above.
(Ord. 10-025, passed 12-7-10)
8
Administrative and Decision Making Bodies
ARTICLE VII. ADMINISTRATIVE AND DECISION MAKING BODIES
Sec. 1. Reserved.
Editor's note—Part III, Chapter 1, Article VII, Section 1, "General," was repealed in its entirety by Ord. No. 13-017, § 3, adopted 6-18-13. The City Commission and city boards are
regulated by the Palm Beach County Code of Ethics as amended from time to time by Palm Beach County.
Sec. 2. Director of Planning and Zoning.
A. General. Pursuant to the Charter of the City, there is hereby created the position of Director of Planning and Zoning.
B. Duties and Responsibilities. The duties and responsibilities of the Director of Planning and Zoning shall be:
1. To implement the provisions of the Comprehensive Plan, including the supervision of and participation in specialized planning activities and research that is essential to the preparation
of the Plan.
2. To coordinate the above plans with the Planning and Development Board as appropriate.
3. To serve as principal agent of the city in contracted planning activities. This shall include preparation of the scope of work of each contract, as well as supervision of progress
once contract is consummated.
4. To act as technical advisor to department heads and similar officials on planning matters.
5. To perform all work as required or directed by the City Manager or designee.
(Ord. 10-025, passed 12-7-10)
Sec. 3. Planning and Development Board.
A. Establishment and Composition.
1. The City of Boynton Beach Planning and Development Board was created and established, consisting of seven (7) regular members and two (2) alternate members appointed by the City
Commission.
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2. The Mayor and City Commission shall appoint the members of the Planning and Development Board in accordance with the appointment procedures followed by the Commission. The nomination
shall be subject to the confirmation of a majority vote of the City Commission.
3. In appointing members to the Planning and Development Board, the City Commission shall give preference, when possible, to urban planners, developers, realtors, and design professionals
licensed in the disciplines of architecture, landscape architecture, and civil engineering.
4. Each Board member and alternate member shall meet the minimum qualifications for appointment and membership as outlined in City Code of Ordinances Part II, Chapter 2, Article I,
Section 2-16 and Section 2-17 respectively.
B. Terms of Membership; Removal; Vacancies.
1. On first appointment to the Board, three (3) members and two (2) alternate members shall each have an initial term of one (1) year. On first appointment to the Board, four (4) members
shall have two (2)-year terms. Thereafter, the term of office for each member of the Planning and Development Board shall be two (2) years. Subsequent alternate members shall be appointed
for one (1)-year terms.
2. The appointees of the Planning and Development Board shall be members until their term expires. Each member shall remain until his successor is duly appointed and qualified. Any
member appointed to serve in lieu of any member on account of death, resignation, removal or disability of such member, shall serve only for the unexpired term of such original member.
3. Should a member of the Planning and Development Board move outside the city limits, the member shall become disqualified, and a new member shall be appointed by the City Commission.
4. Any vacancy shall be filled with an appointment by the City Commission.
5. The City Commission shall appoint two (2) alternate members to serve when members of the Planning and Development Board are absent. The alternates shall reside within the jurisdictional
boundaries of the city and all other restrictions set forth herein which pertain to members of the Planning and Development Board shall apply to the alternates.
6. A member of the Board is permitted to have three (3) absences during any one (1) year period. The fourth absence shall result in removal from the Board.
C. Selection of Chair and Vice Chair. At the first regular meeting of the Planning and Development Board in January of each year, the Board shall elect a chairperson and vice chairperson
from among its members.
D. Rules of Procedures.
1. The Planning and Development Board shall meet on the fourth Tuesday of each month unless otherwise rescheduled in connection with holidays, planned absences, or at other such times
as the chairperson may determine. The Board shall operate in accordance with Robert's Rules of Procedure as amended and clarified from time to time. All meetings of the Board shall
be open to the public, and a record of all meetings shall be kept and maintained in accordance with Florida Public Records Laws.
2. On behalf of the Board, the City Clerk shall keep minutes of its proceedings, showing the vote of each member on each question, or if absent or abstaining, indicating such fact.
No member shall
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Administrative and Decision Making Bodies
abstain from voting unless he or she has a conflict of interest pursuant to the provisions contained herein or in accordance with F.S. Chapter 112. The records of the Board shall be
filed in the office of the City Clerk and shall be public records.
E. Quorum. Four (4) members of the Planning and Development Board who are in attendance shall constitute a quorum for the purpose of convening a meeting and transacting the business
at hand.
F. Advisory Authority, Functions, Powers, and Duties. The Planning and Development Board shall act in an advisory capacity to the City Commission by conducting investigations and holding
public hearings regarding the following:
1. Ordinances, regulations, and other proposals promoting orderly development along lines indicated as desirable by the Comprehensive Plan;
2. Proposed developments and determination of conformance to the principles and requirements of the Comprehensive Plan and Land Development Regulations;
3. Changes or amendments relating to the boundaries of the city, its zoning districts, or future land use map classifications;
4. Changes or amendments to the text of the Comprehensive Plan or Land Development Regulations;
5. Other duties which may be lawfully assigned to it, or which may have a bearing on the preparation or accomplishment of the plan;
6. Project designs, aesthetics, quality, and impact upon the value of property and the physical environment of the city; and
7. The promotion of sustainable development activities.
G. Review of Applications. Staff shall review each of the following types of applications and requests and make a recommendation to the Planning and Development Board, who shall have
the authority and duty to hear and make recommendations to the City Commission:
1. Annexation;
2. Comprehensive Plan amendments;
3. Conditional use;
4. Rezoning;
5. Master Plan (new);
6. Major Master Plan modification;
7. Site Plan;
8. Site Plan time extension;
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9. Major Site Plan modification;
10. Vacation and abandonment;
11. Master Site Plan (new);
12. Major Master Site Plan modification;
13. Use approval;
14. Waiver (in PID);
15. Community Design Appeal;
16. Height exception;
17. Variance to Land Development Regulations; and
18. Wireless communication facilities (WCF).
H. Action. No action of the Planning and Development Board shall be considered a final action of the city until ratified by the City Commission. The procedure for ratification shall
be as follows:
1. All matters which have been reviewed and acted on by the Board shall be summarized in writing as a proposed development order. The form of the proposed development order shall be
approved by the City Attorney.
2. All proposed development orders shall be submitted to the City Commission at a regular City Commission meeting following action by the Board. When a legislative item, such as a
land use amendment, is consolidated with a quasi-judicial item, such as a rezoning, both items shall proceed using the quasi-judicial process, but consolidation shall not alter the legal
standard for review, or the burden of proof.
3. The City Commission may table a proposed development order to ensure that proper notice and opportunity to be heard is provided to the applicant, the public, and any other interested
parties. All documents and evidence that were submitted to the Planning and Development Board constitute part of the record of the proceeding before the City Commission and it is presumed
that the City Commission accepted and considered the documents and evidence in its consideration of the issues before the Commission.
4. Following approval of a development order by the City Commission, the City Clerk shall date and sign the development order and issue it as a final order.
(Ord. 10-025, passed 12-7-10)
Sec. 4. Historic Resources Preservation Board.
A. Terms and Definitions. See Chapter 1, Article II for all applicable terms and definitions which pertain to the regulations and standards contained herein.
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Administrative and Decision Making Bodies
B. Establishment, Composition and Terms. The Historic Resources Preservation Board shall consist of seven (7) members and two (2) alternate members who shall be appointed by the City
Commission. Members need not be residents or owners of businesses that are within the city, but preference shall be given to individuals who reside or have a principal place of business
in the city. Where possible, a minimum of two (2) members shall be chosen from among the disciplines of architecture, history, architectural history, archaeology, landscape architecture
or planning. A minimum of three (3) additional members of the Board shall be experienced in the areas of commercial development, real estate, banking or law. The two (2) remaining
members shall be citizen members at large. The two (2) alternate members shall be from any of the foregoing professions or citizen members at large. All members shall have demonstrated
a special interest, experience or knowledge in historic preservation or closely related disciplines.
Members of the Board shall serve three (3) year terms. Of the initial appointments, four (4) members shall be appointed for a term of three (3) years and three (3) members shall be appointed
for a term of two (2) years. Alternate members shall be appointed for a term of two (2) years. Vacancies on the Board, including expired terms, shall be filled within sixty (60) days
by persons with the same background as the original appointee, or related field, in order to maintain the desired Board makeup.
The Board shall hold a minimum of four (4) meetings per year at regular intervals. All meetings of the Board shall be publicly announced and will have a previously advertised agenda.
The meetings shall be open to the public.
Persons serving on the board are encouraged to attend educational meetings or workshops to develop a special interest, expertise, experience or knowledge in preservation, architecture,
or quasi-judicial boards.
The city shall appoint a professionally qualified historic preservation planner to advise and assist the Board, carry out delegated responsibilities, and undertake the requirements for
Certified Local Government certification.
C. Procedures and Quorum. The Board shall adopt rules of procedures, subject to any limitations prescribed by law. The rules of procedures shall be available for public inspection
upon request. Four (4) members shall constitute a quorum for the transaction of business.
The Board shall select a chairman and other officers and shall prescribe their duties and powers. Planning and Zoning staff shall attend all meetings, acting in an advisory capacity
and participating fully in Board discussions, but having no right to vote. The Board shall keep minutes of its proceedings, record the vote on each question and keep records of its
discussions, recommendations and other official actions. Summary minutes will be prepared and made available to the public after adoption by the Board.
D. Removal. Any member of the Board may be removed pursuant to the procedures outlined in the City Code of Ordinances.
E. Powers and Duties of the Board. The Board shall have the following powers and duties within the incorporated city limits of Boynton Beach, Florida:
1. To recommend to the City Commission the following:
a. Nomination of properties and districts to the National Register of Historic Places, as a required duty of being a certified local government.
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b. Nominations of properties and districts to the Boynton Beach Register of Historic Places.
c. Adoption, modification, or replacement of a Design Guidelines Handbook.
2. To hold public hearings and to approve or deny applications for certificates of appropriateness or certificates of economic hardship affecting proposed or designated properties or
properties within districts;
3. To advise and assist owners of properties on physical and financial aspects of preservation, renovation, rehabilitation and reuse, and on procedures for inclusion in the National
Register of Historic Places;
4. To call upon available city staff members as well as other experts for assistance and/or technical advice;
5. To authorize a member of the Board to testify before a board or commission on any matter affecting historically, culturally, archaeologically, and architecturally significant properties
and resources;
6. To confer recognition upon the owners of properties and districts by means of certificates, plaques or markers;
7. To recommend amendments or changes to these Regulations;
8. To inform and educate the citizens of the city concerning the historic, cultural, archaeological, and architectural heritage of the city; and
9. To participate in survey and planning activities of the Certified Local Government;
10. To coordinate with the State of Florida's Division of Historical Resources Certified Local Government program by satisfying the following requirements:
a. The State Historic Preservation Officer shall be given thirty (30) calendar days prior notice of all meetings and within thirty (30) days following such meetings shall be provided
with the minutes and record of attendance of the Historic Resources Preservation Board and the public.
b. The State Historic Preservation Officer shall be notified of any change of Historic Resources Preservation Board members within thirty (30) days of their appointment.
c. Notify the State Historic Preservation Officer immediately of all new historic designations or alterations to existing designations.
d. Submit amendments to the ordinance to the State Historic Preservation Officer for review and comment at least thirty (30) days prior to adoption.
e. Submit an annual report by November 1 covering activities of the previous October 1 through September 30 and shall include the following information:
(1) A copy of the Rules of Procedure;
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(2) A copy of the Historic Preservation Ordinance;
(3) Resumes of the Historic Resources Preservation Board members;
(4) Changes to the Historic Resources Preservation Board membership;
(5) New local designations and National Register listings;
(6) A review of survey and inventory activity with a description of the system used;
(7) A program report on each grant-assisted activity; and
(8) Number of projects reviewed.
11. To undertake any other actions or activity necessary or appropriate to the implementation of its powers and duties or to implementation of the purpose of these Regulations.
(Ord. 10-025, passed 12-7-10; Am. Ord. 11-007, passed 2-15-11; Am. Ord. 12-008, passed 5-15-12)
Sec. 5. City Commission.
A. Local Planning Agency. The City Commission is hereby designated as the city's local planning agency to act on behalf of the city under the terms and provisions of the local government
Comprehensive Planning Act, having the general responsibility for overseeing a comprehensive planning program and the preparation and amendment of the Comprehensive Plan or elements
or portions thereof applicable to the areas under the jurisdiction of the city as provided in said Act.
B. Finality and Review. All decisions of the Planning and Development Board shall be advisory to the City Commission. Once final, a decision may be reviewed by the filing of a Petition
for Writ of Certiorari in the Circuit Court of the 15th Judicial Circuit in and for Palm Beach County, Florida, and in accordance with the procedure and within the time provided by court
rule and such time shall commence to run from the date of the decision sought to be reviewed.
(Ord. 10-025, passed 12-7-10)
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Appeals
ARTICLE VIII. APPEALS
Sec. 1. Administrative Official.
A. Eligibility. Appeals of a decision of an administrative official may be taken by any person aggrieved, or by any officer, board, or bureau of the governing body affected by any decision
of an administrative official under any ordinance enacted pursuant to the Land Development Regulations.
B. Filing. Appeals of a decision of an administrative official, excluding the Building Official, shall be filed within fifteen (15) calendar days after rendition of the order, requirement,
decision, or determination made by the administrative official. For appeals of a decision made by the Building Official, the notice of appeal shall be in writing and filed within thirty
(30) calendar days after such decision is rendered. When necessary, a current certified survey and a fee as adopted by resolution of the City Commission, plans, drawings, documents
and/or other material constituting the record upon which the action was taken shall be collected by the administrative official and, together with the completed appeal, forwarded to
the appropriate appeal board for placement on the board's next available agenda.
C. Stay of Work. Upon posting of acceptable surety (see Chapter 2, Article III, Section 6) by the appellant in an amount equal to one hundred ten percent (110%) of the potential costs
of delays and damages as certified by a design professional, all work on the premises and all proceedings in furtherance of the action appealed will be stayed, unless the administrative
official from whom the appeal was taken, certifies that by reason of facts stated in the certificate, a stay would cause imminent peril of life or property. In such case, proceedings
or work shall not be stayed except by a restraining order which may be granted by the board or by a court of record on application, on notice to the officer from whom the appeal is taken
and on due cause shown.
D. Assignment of Appeals. The City Commission or the Building Board of Adjustment and Appeals shall review all appeals. The assignment of each is as follows:
1. City Commission. The City Commission shall hear and decide all appeals regarding the administration, interpretation, or enforcement of any standard, provision, or regulation contained
in the land development regulations, except for that which is identified in subparagraph b. below.
2. Building Board of Adjustment and Appeals. The owner of a building, structure, or service system, or duly authorized agent may appeal a decision of the Building Official in his/her
enforcement or administration of Chapter 4, Article IX, Building, Construction and Historic Preservation Requirements; Chapter 4, Article X, Flood Prevention Requirements; or whenever
any one (1) of the following conditions are claimed to exist:
a. The Building Official rejected or refused to approve the mode or manner of construction proposed to be followed or materials to be used in the installation or alteration of a building,
structure, or service system;
b. The provisions of the city's current edition of the Administrative Amendments to the Florida Building Code do not apply to this specific case;
c. That an equally good or more desirable form of installation can be employed in a specific case; or
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d. The true intent and meaning of the city's current edition of the Administrative Amendments to the Florida Building Code have been misconstrued or incorrectly interpreted.
E. Hearing of Appeals. The City Commission or Building Board of Adjustment of Appeals shall fix a reasonable time for the hearing of the appeal, give public notice thereof, as well
as due notice to the parties in interest. Upon the hearing, any party may appear in person, by agent or by attorney.
F. Review of Administrative Orders. In exercising its powers, the City Commission or the Building Board of Adjustment and Appeals may, reverse or affirm, wholly or partly, or may modify
the order, requirement, decision, or determination made by an administrative official and may make any necessary order, requirement, decision, or determination, and to that end, shall
have all the powers of the officer from whose action is being appealed. The concurring vote of a majority of the members present shall be necessary to reverse any order, requirement,
decision, or determination of any administrative official or to decide in favor of the applicant on any matter upon which the board or commission is required to pass.
G. Indemnification. In the event a claim or lawsuit is brought against the city, its officers, employees, servants or agents, the applicant hereby agrees to indemnify, save, and hold
harmless the city, its officers, employees, servants or agents and to defend said persons from any such claims, liabilities, causes of action, and judgments of any type whatsoever arising
out of or relating to the appeals from decisions of an administrative official whether the appellant is the applicant or any other party. The appellant agrees to pay all costs, attorney's
fees, and expenses incurred by the city, its officers, employees, servants or agents in connection with such claims, liabilities or suits. Nothing contained herein, however, shall act
as a waiver of any of the city's immunities provided for in F.S. § 768.28.
(Ord. 10-025, passed 12-7-10)
Sec. 2. Building Board of Adjustment and Appeals.
A. Eligibility. Appeals of decisions by the Building Board of Adjustment and Appeals may be taken by any aggrieved party affected by a Board decision.
B. Filing. Appeals for judicial relief shall be filed with the Palm Beach County Circuit Court within thirty (30) calendar days after rendition of a Board decision.
(Ord. 10-025, passed 12-7-10)
Sec. 3. City Commission.
A. Eligibility. Appeals of decisions by the City Commission may be taken by any aggrieved party affected by a City Commission decision.
B. Filing. Appeals for judicial relief shall be filed with the Palm Beach County Circuit Court within thirty (30) calendar days after rendition of the City Commission decision.
(Ord. 10-025, passed 12-7-10)
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Appeals
Sec. 4. Withdrawal or Denial of Appeal.
A. Refiling After Denial. Upon denial of an application for relief hereunder, in whole or in part, a period of one (1) year must elapse prior to the filing of a subsequent application
affecting the same property or any portion thereof.
B. Refiling After Withdrawal with Prejudice. Upon the withdrawal of an application, in whole or in part, a period of six (6) months must elapse prior to the filing of a subsequent application
affecting the same property or any portion thereof, unless, however, the decision of the applicable Advisory Board is without prejudice; and provided that the period of limitation shall
be increased to a two (2)-year waiting period in the event such an application, in whole or in part, has been twice or more denied or withdrawn.
C. Refiling After Withdrawal without Prejudice. An application may be withdrawn without prejudice by the applicant as a matter of right; provided the request for withdrawal is in writing
and executed in a manner and on a form prescribed by the Building Board of Adjustment and Appeals and filed with the Board at least one (1) week prior to any hearing scheduled concerning
the application; otherwise, all such requests for withdrawal shall be with prejudice. When an application is withdrawn without prejudice, the time limitations for re-application provided
herein shall not apply. No application may be withdrawn after final action has been taken.
(Ord. 10-025, passed 12-7-10)
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Notice of Intent
ARTICLE IX. NOTICE OF INTENT
Sec. 1. Statement of Intent.
The city from time to time will propose changes to the Land Development Code of the Code of Ordinances of the City of Boynton Beach.
(Ord. 10-025, passed 12-7-10)
Sec. 2. Purpose.
The purpose of this section is to provide an administrative procedure for the public and the development community to be notified of such changes in land development regulations which
may impact proposed plans for development within the City of Boynton Beach as early in the Code revision process as possible to best ensure that affected parties do not unnecessarily
expend time, money and resources on proposed development projects which will be subject to such revisions to land development regulations.
It is further the purpose of this section to ensure that upon the issuance of the notice of intent, as hereinafter provided, no proposed use or land development project affected by a
pending regulatory change shall be approved by any city officer, official, commission, board, agency or body, whether elected or appointed, unless said proposed land development project
conforms with the pending regulatory change and/or the proposed land development project approval is conditioned on such conformance pursuant to the pending regulatory change as currently
drafted or as finally approved, whichever is appropriate.
(Ord. 10-025, passed 12-7-10)
Sec. 3. Terms and Definitions.
See Chapter 1, Article II for the definitions of "Affected Parties" and "Development Activity."
(Ord. 10-025, passed 12-7-10)
Sec. 4. Authorization.
At the time the City Commission authorizes, by resolution, the investigation, study, development, drafting or consideration of a change to a land development regulation, a notice of
intent of the pending regulatory change shall be issued. The effective date of the notice of intent shall be deemed to be the date of said authorization by the City Commission.
At the next Commission meeting following the notice of intent, members of the public shall have the opportunity to address the City Commission in a public hearing format regarding a
filed notice of intent. After the public hearing, the City Commission by majority vote shall either approve or disapprove the further processing of the proposed regulation which is
the subject matter of the notice of intent.
(Ord. 10-025, passed 12-7-10)
Sec. 5. Contents of the Notice.
The notice of intent shall include:
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A. A statement of purpose;
B. A brief description of the pending regulatory change which shall include as much specificity as possible; recognizing however that changes may occur as the pending regulation proceeds
through the drafting, review, public meeting and public hearing process. The description shall include a statement of the possible effect that the pending regulation may have on development.
In addition, the description shall provide an indication of the provisions of the existing code that may require modification;
C. A statement of the projected time frame for the adoption of the pending regulation; and
D. A statement of the point in the development approval process at which the pending regulation would apply.
(Ord. 10-025, passed 12-7-10)
Sec. 6. Posting of Notice.
The notice of intent shall be posted in the Development Department, and in a conspicuous location in City Hall.
From and after the notice of intent, applicants for appropriate certificates, permits, and other applicable development applications, including but not limited to plats, site plans,
rezonings, variances, and building permits, shall be provided written notice of the pending land development regulatory changes which may potentially affect the applicant. Applicants
shall be provided written notice by mail and through the availability of notices in the Development Department, and by posting of the notice of intent. To the extent that affected parties
have comments, they shall be afforded the opportunity to file written opinion or objections with the Development Director.
Neither the failure of the city to provide written notice nor the failure of an applicant for development to observe the posted notice nor the failure of the city to provide posted notice
shall invalidate the applicability of this article to said applicant for development approval.
The Planning and Development Board shall be provided with a copy of all notices of intent upon issuance.
(Ord. 10-025, passed 12-7-10)
Sec. 7. Implementation.
The pending regulatory change shall be considered by the City Commission at a public hearing within a time period prescribed by the city at the time of the filing of the notice of intent.
If additional time is required for study and deliberation due to the scope of the proposed regulatory changes or arising from procedural issues, upon a majority vote of the City Commission,
the time prescribed by the city in the notice of intent may be extended for an additional period of time approved by the City Commission upon expiration of the initial period of time
stated in the notice of intent.
If no final action has been taken by the City Commission within the time limits set forth herein, the notice of intent will expire.
(Ord. 10-025, passed 12-7-10)
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Notice of Intent
Sec. 8. Pending Development Permits.
A notice of intent shall have no effect on any complete application for development activity (a master plan, site plan, rezoning, variance, or building permit) pending for approval.
Except as provided above, no application for a business tax certificate or other development activity (a master plan, site plan, rezoning, variance, or building permit) shall be accepted
for processing by the city following the issuance of a notice of intent unless said application conforms with the pending regulatory change and/or the application is conditioned on such
conformance pursuant to the pending regulatory change as currently drafted or as finally approved, whichever is appropriate.
(Ord. 10-025, passed 12-7-10)
Sec. 9. Pending Regulations.
Pending regulations subject to the notice of intent include development regulations as defined by Florida Statutes, as amended from time to time and Comprehensive Plan amendments which
are a condition precedent to land development regulatory changes.
(Ord. 10-025, passed 12-7-10)
Sec. 10. Compliance.
Evidence of general compliance with the procedures of this section of the Code shall be sufficient to sustain the regulation upon adoption.
(Ord. 10-025, passed 12-7-10)
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