16-014ORDINANCE NO. 16 -014
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AN ORDINANCE OF THE CITY OF BOYNTON BEACH,
FLORIDA APPROVING AMENDMENTS TO THE LAND
DEVELOPMENT REGULATIONS, CHAPTER 3, ARTICLE V,
"SUPPLEMENTAL REGULATIONS ", SECTION 3.T.
"GENERATORS AND FUEL TANKS" TO EXPAND THE
PROVISIONS AND STANDARDS THAT REGULATE STORAGE
BINS AND SILOS FOR USE BY THE MICRO - BREWERY
INDUSTRY; PROVIDING FOR CONFLICTS, SEVERABILITY, .
CODIFICATION AND AN EFFECTIVE DATE.
WHEREAS, the local micro - brewery industry has been growing since the LDR was
amended in to allow the manufacturing of alcohol; and
WHEREAS, the City's current LDR limits storage tank usage for fuel and the
proposed amendments would expand the types of storage containers that are allowed within
the City to add storage containers for the storage of brewing ingredients for the micro-
brewery's; and
WHEREAS, the City Commission finds it to be in the best interest of the citizens
and residents of the City to approve the recommendations of staff and amend the Land
Development Regulations as reflected herein.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section 1 . The foregoing whereas clauses are true and correct and are now ratified
and confirmed by the City Commission.
2�1 Section 2. Chapter 3, Article V, "Supplemental Regulations ", Section 3.T
2fl "Generators and Fuel Tanks" of the Land Development Regulations, is hereby amended as
361 follows:
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Chapter 3. Zoning, Article V. Supplemental Regulations
Sec. 3. Common Building Appurtenances, Freestanding Structures, and Site Amenities,
Excluding Walls and Fences.
3151 ...
35 T. Generators and FueI Story e Tanks. The permanent installation of generators and fuel
3 7 storage tanks, silos and hoppers shall be allowed if used as a common accessory function to
3 a principal use, and must comply with the following regulations, unless found in conflict
3 with other adopted federal, state, or life safety codes, rules, regulations, ordinances, or laws:
4 1. Location. The siting of f all generators and storage tanks shall require site plan
4 1 approval in accordance with Chapter 2, Art. II, Sect. 21 of these regulations. When
4 2 practical and not in conflict with other codes and standards, g enerators and storage tanks
4 3 shall be placed adjacent to a principal or accessory building to utilize the existing available
4 1 screening for the structure. No mi n i mum sethaek sh all er-eguked exeept eiretunstanee ��
4 ; or- 2) the generator- or- fuel.
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4 7 prop In these insta ees, °All structures regulated by this section generators and fue
43 tanks shall be setback at least three (3) feet plus an additional one (1) foot for every one (1)
4 foot above a height of 6 feet but not greater than the minimum setback for the principal
5 structure, f a nd interi ^r side propeAy lines In mien all instances, they shall not
51 be allowed within the required front or corner side yards, including forward of the front or
5 corner side building lines, unless approved for an administrative adjustment if it is
5 3 determined that no other on -site location is available or feasible, or based on the finding that
51 by virtue of the use or design of the abutting property or development, the location would
5 5 have no negative impact. See Chapter 2, Article II, Section 4.A. for the regulations
5 pertaining to the administrative adjustment process. Additional setback requirements maybe
5 deemed necessary by the Planning & Zoning Director to ensure land use compatibility, or to
5 further a redevelopment plan or other city initiative.
2. Height. The maximum height for vertical storage bins, silos and hopp shall be the
maximum height for the zoning district or 10 feet above the principal building, whichever is
less. Additional restrictions on height may be deemed necessary by the Planning & Zoning
Director to ensure land use compatibility, or to further a redeve plan or other city
initiative.
23. Screening. When used in connection with non - residential uses, generators and fuel
storage tanks shall be effectively screened from view with a wall, fence, landscape material,
or combination thereof, where visible from an abutting property or right -of -way. Screening
shall not be reauired for vertical storage bins, silos or hoppers if the container is designed
compatible with the principal structure (e similar colors and /or materials) and if the tank,
including all structural members filling or r emp ing equipment and signage are maintained
in a clean rust -free and working condition without M peeling paint, staining or other signs
of wear.
masenfy enelosure shall be constmeted around stieh generator- or- fuel gff tank in the
following eireumstances! 1) the generator- is greater- than fiauf (4) feet in height; 2) th
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tank is greater- than five (5) feet in heigl-A; and 3) either4er both are used in eenneetion iAth a
nen residential use that abuts residepAially zened propefty in these instanees, the enCIOSUfe
shall be designed with tIffee (3) sides, with the Pted ap"pe-site of the residential
pfepei4y. in addition, the walls of the eneellessumfe shall be least Nve 1 ,2" feet tallef an the
generator-. The height of sueh generators shall be measufed I - rade to the
highest point of the stmetufe. Additional screening may be deemed necessary by the
Plannina & Zonina Director to ensure land use compatibility, or to further a redevelopment
Ian or other city initiative.
44. Noise. In residential zoning districts, emergency generators shall be exempt from
the sound rating values set forth in the City Code of Ordinances when operated during power
outages. However, in no event shall the sound rating value of emergency generators exceed
seventy -two (72) dBA.
9 4 Testing. In residential zoning districts, emergency generators may be operated for
9 testing purposes, one (1) time, for a period not to exceed thirty (30) minutes in any seven
9 (7) -day period. Testing of emergency generators is permitted between the hours of 10:00
9 t a.m. through 5:00 p.m., Monday through Saturday. No testing of emergency generators is
9 permitted on Sundays or federal holidays.
Section 4. Each and every other provision of the Land Development Regulations
9�1 not herein specifically amended, shall remain in full force and effect as originally adopted.
9 §1 Section 5. All laws and ordinances applying to the City of Boynton Beach in
1 o conflict with any provisions of this ordinance are hereby repealed.
10 Section 6. Should any section or provision of this Ordinance or any portion
101 thereof be declared by a court of competent jurisdiction to be invalid, such decision shall not
14 affect the remainder of this Ordinance.
10 Section 7. Authority is hereby given to codify this Ordinance.
10 Section 8. This Ordinance shall become effective immediately on second.
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FIRST READING this 21 day of June, 2016.
SECOND, FINAL READING AND PASSAGE this day of , 2016.
CITY OF BOYNTON BEACH, FLORIDA
YES NO
VOTE
ATTEST:
/]
i dith A. Pyle, CMC�
. Interim City Clerk
(Corporate Seal)
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Mayor — Steven B. Grant
Vice Mayor — Mack McCray
Commissioner — Justin Katz
Commissioner — Christina L. Romelus
Commissioner — Joe Casello
VOTE
ATTEST:
/]
i dith A. Pyle, CMC�
. Interim City Clerk
(Corporate Seal)
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EXHIBIT " "A" -
Proposed Amendments
Part III. Code of Ordinances, Land Development Regulations
Chapter 3. Zoning, Article V. Supplemental Regulations
Sec. 3. Common Building Appurtenances, Freestanding Structures, and Site Amenities, Excluding Walls
and Fences.
T. Generators and Storage Tanks. The permanent installation of generators and ftel
storage tanks, silos and hoppers shall be allowed if used as a common accessory function to a
principal use, and must comply with the following regulations, unless found in conflict with
other adopted federal, state, or life safety codes, rules, regulations, ordinances, or laws:
1. Location. The siting of all generators and storage tanks shall require site plan approval in
accordance with Chapter 2 Art, II Sect. 21 of these regulations When practical and not in
conflict with other codes and standards g enerators and storage tanks shall be placed adjacent to a
p rincipal or accessory building to utilize the existing available screening for the structure. Ne
11 structures
regulated by this section generators and fuel tan! shall be setback at least three (3) feet 1� us an
additional one (1) foot for every one 1) foot above a height of 6 feet but not greater than the
minimum setback for the principal structure frem rear- and ipAerie side Y ropei4 y yes In
additien all instances, they shall not be allowed within the required front or corner side yards,
including forward of the front or corner side building lines, unless approved for an administrative
adjustment if it is determined that no other on -site location is available or feasible, or based on
the finding that by virtue of the use or design of the abutting property or development, the
location would have no negative impact. See Chapter 2, Article II, Section 4.A. for the
regulations pertaining to the administrative adjustment process. Additional setback requirements
may be deemed necessary by the Planning & Zoning Director to ensure land use compatibility,
or to further a redevelopment p lan or other city initiative
2. Height. The maximum height for vertical storage bins silos and hoppers shall be the
maximum height for the zoning district or 10 feet above the principal building whichever is
less. Additional restrictions on height may be deemed necessary y the Planning & Zoning
Director to ensure land use compatibility, or to further a redevelopment plan or other city
initiative.
2. Screening. When used in connection with non - residential uses, generators and fuel storage
tanks shall be effectively screened from view with a wall, fence, landscape material, or
combination thereof, where visible from an abutting property or right -of -way. Screening shall
not be required for vertical storage bins silos o h oppers if the container is designed compatible
with the principal structure (e.g similar colors and /or materials) and if the tank including all
structural members, filling or emptying equipment and signage are maintained in a clean rust -
free and working condition without M peeling paint staining or other signs of wear.
EXHIBIT " "A" -
Proposed Amendments
desi masem�y enelesure shall be eensti-deted aretuid stieh generator- or- fuel gff�� tank in the
fellowing eiretimstanees: 1) the generator- is greater- than fe� (4) feet in heiglA; 2) the fuel t
is greater- than five (5) feet in height; and 3) eithef/er- both areused in eenneetiell with a non
residerAial use that abuts residentially zoned pr-epei4y. in these instanees, the enelesufe shall be
\ / sides ope ni ng o r i en t e d o ef the residential pr -epefty. in
addifien, the walls of the enelesure sha4l be at least two (2) feet taller than the generater. The
hei& of sueh generators sha4l be measufed from the natwal gr-ade to the highest point of the
Additional screening mqy be deemed necessary by the Planning & Zoning Director to
ensure land use compatibility, or to further a redevelopment plan or other city initiative.
3. Noise. In residential zoning districts, emergency generators shall be exempt from the sound
rating values set forth in the City Code of Ordinances when operated during power
outages. However, in no event shall the sound rating value of emergency generators exceed
seventy -two (72) dBA.
4. Testing. In residential zoning districts, emergency generators may be operated for testing
purposes, one (1) time, for a period not to exceed thirty (30) minutes in any seven (7) -day
period. Testing of emergency generators is permitted between the hours of 10:00 a.m. through
5:00 p.m., Monday through Saturday. No testing of emergency generators is permitted on
Sundays or federal holidays.
EXHIBIT "B"
Swamp Head Brewery, Gainesville, FL.
Mountain Brewery, Colorado Springs, CO
EXHIBIT "B"
North by Northwest Brewery, Austin, TX.
Troegs Brewing Co., Hershey, PA
Founders Brewery, Grand Rapids, MI