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O75-35ORDINANCE NOo 75-35 AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDAr AMENDING ORDINANCE NO. 75-19 BT AMENDING SECTION 1, ENTITLED "DEFINITIONS", REGARDING "MAJOR REPAIRS" AND "MINOR REPAIRS", BY AMENDING SUB-- SECTION 4-E REGARDING "VISION CLEkt~ANCE A~ COi~NERS" AND SL~BSECTION 4-J~2 REGARDING "FENCES; ~DGES AND WALLS", BY AMENDING SUBSECTION 5-C-2~ SUBSECTION 5-G-2-b, SUBSECTION 6-A-3 AND SUBSECTION 6-C-3, REGARDING "BUILDING AND ~ SITE REGULATIONS", BY AMENDING SUBSECTION ll~L REGARDING "SERVICE STATIONS WITH OR WITHOUT MAJOR REPAIRS", AND BY DELETING ~UBSECTION 11-M; FURTHER3~ pROVIDING FOR A~THORITY TO CODIFY, sAVINgS C~kU~E~ REPEALING PRoVIsIoNS, A~ EFFECTIVE WRER~AS, Ordinance No. ~5-19, amending Chapter 31 of the Codified Ordinances of the City of Boynton Beach, Florida, was passed and adopted on second and final reading on June 3, 1975; and WHEREAS, the Planning and Zoning Board of said City has recommended to the City Council '~/~at said Ordinance No. 75~19 be amended as hereinafter set forth; and WHEREAS, the City Council of said City deems it in the best interests of the public safety and welfare of the community to amend said Ordinance No. 75-19 as hereinafter provided. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BOYNTON BEACH, FLORIDA THAT ORDINANCE NO. 75-19 OF THE CODIFIED ORDINANCES OF THE CITY OF BOYNTON BEACH, FLORIDA, BE AND IS HEREBY A~iENDED AS FOLLOWS: Section 1: That the definition of "Major Repairs" as set forth in Section 1, entitled "Definitions of Terms", is hereby amended to read as follows: "Major Repairs-They shall include complete engine overhaul and/or replacement of internal par~s of engines. Also lncluded is repair of any portion of the drive mechanism, body and fender work, painting and customizing." Section 2: That the definition of "Minor Repairs" as set forth in Section 1, entitled "Definitions of Terms", is hereby amended to read as follows: "Minor Repairs- They shall include engine tune-up, carburetor repair, wheel-~alancing and replacement and/or repair of external parts of engines." Section 3: That Subsection 4-E~ entitled "Vision Clearance at Corners", be and is hereby amended to read as follows: "No fencer sign, planting, hedge, shrubbery, wall or other visual obstruction shall be created or maintained with a height grea~er than three (3) feet above the street level, within twenty-five (25) feet of the intersection of the right-of-way lines of two streets, in any zone, except that open chain-link ~ype fences may be a maximum of four (4) feet and kept visually clear." Section 4: That Subsection 4-J-2 be and is hereby amended to read as follows: ~ · "2. Fences, hedges and wall~ in other zones shall not exceed six ~(6) feet2in height except t~at in O-P and M-1 zones, chain- link fences ~h~iI~b~ ~l~owe~ ~ eight (8) feet height and may be topp.ed'~ BY ~n~gt~m93~e ~han ~thr~e~ (3) s~and~ 9~ ~d w~e." Secti~n~ ~..That S~se~n follows: ~!The,f~l~i~g. ~0t and building rgquireme~t~ shall be~?bserved. ~Min~'~um~ot f!ront~ge M~nin~u~a~ron~ yar~ Minimum rear yard Min~m~si.~e~ard Mi~im~r~.!%~ng? ~rea Maximum lot coverage ~aximun~st~u~%~re height 8,Q00 s~ft.* ~5_feet 25 feet 25 feet 10 feet each side* L5D0 sq:. ft. 35% 25 feet *In areas die~e~pe~ and/or plat~e~:pr$or tQ June 13, 1975, the minimum lot area shall be 7,500 sq. ft. ~n8 the minimum si~e ~ard shall be 7~/2 feet." Section 6: follows: That Subsection 5-G-2-b is hereby amended to read as Single Fami~ydwell~ngs. shall conform with R-% requirements (See Section 5, paragraph E-2). Duplex Dwellings shall conform to R-2 ~quirements (See Section 5, paragraph F-2)." ~Section 7; That .Subsection 6-A-B is hereby amended to read as follows: "3. Building a~d Site Regnlatmons No~building~or pQ~tion thereof shall be erected, constructed, converted, established, altered, enlarged or used unless the premisesand bui!dLnqs shall comply with the following requ~ations: . Minimum~ lot:frontage - 75 feet Minimum tot depv_h - 120 feet Minimum lot area - 9,000 sq. ftc. /4aximum lot ~overage~(bldg.)- 40% Minimum front yaZd - 30 feet Minim%tm rear yard - 20 feet Minimum side yar~s . - lO feet* Maximum,structu~ height - 2~ ~eet, not to exceed 2 stories** *kLhen abutting, residential-district, sid~ and/or rea~ yards shall be 30 feet. **Exceptions: 1. Ma~im~ height for hospitals shall be forty-five (45) feet not ~ exceed four (4) stories. 2. Building designed for underbuilding parking shall be thirty (30) feet maximum.~' -2- Section 8: That S~bsection 6-C-3, entitled "Building and Site Regulations", shallbe amended to read as follows: "3. Building and Site Regulations No,building or portion hereof shall be erected, constructed, converted, es~ablished, altered, enlarged or ~sed unless the premises and ~uilding~ sh~ll comply with the following regulations: Minimum lot frontage Minimum lot a~ea Maximum lot coverage (building) Minimum front yard Minirmlm~side yard (interior lots)- Minimum side yard (corner lots) - Minimum rear yard Maximum structure height NOTE "A": 75 feet 15,000 square feet 40% 20 feet None (See Notes "A" & "B") 15 feet street side (See Note "B") 20 feet (See Notes "B" & "C" 45 feet, not to exceed 4 stories Where rear access is not available from a public snreet or alley, a side yard of not less than fifteen (15) feet shall be provided on one side. NOTE "B": When abutting a residential zone, side and/or rear rear yards shall be thirty (30) feet minimum. NOTE "C": Where rear yard access is available from a public stree or alley, rear yard may be decreased by one-half (1/2) the width of such street or alley, hut in no case shall a rear yard be less than ten (10) feet." Section 9: That Subsection ii-M, entitled "Service Stations With Major Repairs", he and is hereby repealed. Section 10: That Subsection ii-L, entitled "Service Stations Without Major Repairs", ils hereby amended to read as follows: "L. Service Stations with or Without Major Repairs. There shall be a minimum distance of one thousand feet (1,000) between the ~earesu property line of the lot or plot of land upon which the proposed service station is to be constructed, and the near~st property line of a lot or plot of land upon which any other gasoline service stationr church, public playground, h0spi~al, p~lic school or other similar public or semi-public place where ~arge numbers of people congregate~ is located. Such distance shall be by direct airline measurement. 2. The minimum size plot of land shall be 17,500 feet in area with a minimum frontage of 175 feet, on all abutting streets. At least ten percent (10%) of the gross plot area shall consist of landscaping equmpped with adequate sprinkler systems of whioh at lea~t five percent (5%) shall be adjacent to the public right of way[ All landscaping shall be maintained in a healthy growing condition. -3- There shall be a minimum distance of fifteen (15) feet between the location of a gas pum~ island end'any a~jacent property line. 5. Driveway entrances shall measure no more than forty-five (45) feet across and be located no closer than forty (40) feet to any street intersection or nearer than twenty-five (25) feet to a~y interior property line. 6. There shall be safety island of grass or concrete foJ two (2) driveways which sb2%ll be ten (10) feet~i~ than twenty (20) feet in length measure~ abutting a sidewalk or paving of said statio~ ~ is in tke plan of construction. A masonry or wall at least five (5) feet in the Buildin9 Code shall be lihes~abutting residentially- zoned a distance of twenty-five (25) feet of any street T line. The wall shall be'kept in good repair and app all times. Openings with Fates may be allowed where deemed reasonable by the Building Official. The entrance to the building wherein motor vehicles are washed by mechanical mea~s as a primary function, shall be located on a lot or plot a m~nimum distance of seventy-five (75) feet from the street line to provide an off-street area for waiting vehicles." Section 11. SEPARABILITY: Each of the provisions of this Ordinance are separable, including word, clause, phrase, or sentence, and if any portions thereof shall be declared invalid, the remaining portions shall not be affected, but shall remain ~n full force and effect. Section 12. REPEALING PROVISIONS.: Ail ordinances or parts of ordinances in conflict herewith are hereby repealed. Section 13. AUTHORITY TO CODIFY: Specific authority is hereby granted to codify and incorporate this Ordinance in the City's existing Code. Section 14. EFFECTIVE DATE: This Ordinance shall become effective in the manner .and at the time provided by law. First reading this 7th day of October, 1975. Second, final reading and passage this ~ day of November, 1975. ATTEST: City Clerk -4- CITY OF BOYNTON FLORIDA