17-005 1 ORDINANCE 17-005
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4 AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA
5 APPROVING AN AMENDMENT TO PART III, LAND DEVELOPMENT
6 REGULATIONS, CHAPTER 3, ARTICLE IV, SECTION 3D, USE
7 MATRIX NOTES, NUMBER 103, STRIKING PILOT PROGRAM
8 LANGUAGE AND CODIFYING LANDSCAPE DEBRIS STOCKPILING
9 USE AND LAND DEVELOPMENT REGULATIONS; PROVIDING FOR
10 CONFLICT, SEVERABILITY, INCLUSION; AND EFFECTIVE DATE.
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13 WHEREAS, on August 18, 2015 the City Commission adopted Ordinance 15-019
14 determining that the stockpiling of commercial landscape debris is a proper conditional use of
15 property in the M-1 zoning district provided certain conditions necessary for assuring the
16 health safety and welfare of the public are met; and
17 WHEREAS, the pilot program created by Ordinance 15-019 is set to sunset on
18 February 15, 2017; and
19 WHEREAS, since the implementation of the pilot program the City has issued one
20 BTR/COU for landscape debris stockpiling and after several compliance inspections were
21 conducted, all violations were corrected within the stipulated time; and
22 WHEREAS,
23 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
24 THE CITY OF BOYNTON BEACH,FLORIDA:
25 Section 1. That the foregoing "WHEREAS" clause is true and correct and hereby
26 ratified and confirmed by the City Commission.
27 Section 2. That Part III, "Land Development Regulations", Chapter 3, "Zoning",
28 Article IV, Section 3.D. Zoning Matrix and Note#103 is hereby amended as follows:
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30 103. Landscape Debris Stockpiling.
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32 a. The commercial stockpiling of landscaping debris is allowed as a conditional use
33 in the M-1 zoning district subject to the following conditions:
34 1) Prior to commencing the operation of a landscaping debris storage site, a
35 property owner must first obtain a Business Tax Receipt and Certificate of Use from the
36 city.
37 2) A site plan notated to show operational components of the storage facility (i.e.
38 access, storage area, setback, etc).
39 3) No stockpiling of landscaping debris shall be permitted on properties of less than
40 0.5 acres.
41 4) A minimum 20-foot wide stabilized all weather access road around the perimeter
42 of the stockpile. •
43 5) All stored landscaping debris shall be setback at least 30 feet from any
44 residential property line and 25 feet from all other property lines.
45 6) All storm water drainage shall be maintained on the site by appropriate
46 infrastructure and improvements as approved by the City Engineer or his or her designees.
47 7) No chipping of stockpiled debris is permitted on the site.
48 8) The perimeter of a storage site shall be screened with a wall or fence that
49 obstructs the view of the storage area from adjacent properties, except where such use
50 abuts a residential zoning district screening shall also include landscape elements that
51 meet the intent of the Landscape Barrier as defined in Chapter 4, Article II of the Land
52 Development Regulations.
53 9) The hours of operation shall be limited to 8:00 a.m. to 6:00 p.m. Monday
54 through Friday and Saturday from 8:00 a.m. to 2:00 p.m. or as established during the
55 conditional use approval process.
56 10) Access to operations shall be only from a public right-of-way. In no case, shall
57 a delivery or removal of the stored landscaping debris utilize a private road or alley
58 serving residential uses for access.
59 11) The delivery, removal and storage shall utilize dust control measures.
60 12) Debris piles shall not be placed on surfaces intended or designed for open
61 space, or for parking or vehicle circulation.
62 13) Storage areas shall include fire protection monitoring, alert and suppression
63 systems as approved by the City Fire Marshal. The following are minimum requirements
64 which must be demonstrated to obtain Fire Marshal approval:
65 I a) No pile shall be higher than 1210 feet. During any declared drought the height
66 shall be limited to six feet.
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67 b) All piles shall be covered with a"breathable blanket" or site provided with a
68 sprinkler system approved by the City Fire Marshal.
69 c) All piles shall be secured behind a fence or other approved barrier that will be
70 locked at all times when not in use.
71 d) Because of the health hazards from the rotting vegetation and the vermin that
72 may live there and the fire hazard these piles shall be a minimum of 25 feet from any
73 commercial building and 40 feet from any residence.
74 e) A working garden hose shall be at the ready at all times to put out small spot
75 fires.
76 f) Each pile shall be churned at least once per week and so noted on a roster to be
77 maintained onsite and made available to a Fire Department representative on request.
78 b. Properties that have been used for Commercial Landscape Debris Stockpiling for
79 - - .... • - . .
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81 requirements of Note 103 except that conditional use approval must be received no later
82 than 12 months of adoption of Ord.No. 15 019 as condition precedent to continued use.
83 No BTR may be annually renewed if the owner of the property is not in compliance with
84 all conditions of this Note 103.
85 c. These provisions shall be in effect for 18 months until August 22, 2018 as a pilot
86 program and shall sunset unless extended or made a permanent part of these regulations
87 by a subsequent ordinance of the city.
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89 Section 3. All prior ordinances or resolutions or parts thereof in conflict herewith are
90 hereby repealed to the extent of such conflict.
91 Section 4. If any section, sentence, clause, or phrase of this Ordinance is held to be
92 invalid or unconstitutional by any court of competent jurisdiction, then said holding shall in no
93 way affect the validity of the remaining portions of this Ordinance.
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94 Section 5. It is the intention of the City Commission of the City of Boynton Beach,
95 Florida, that the provisions of this Ordinance shall become and be made a part of the City of Boynton
96 Beach Code of Ordinances; and that the sections of this ordinance may be renumbered or re-lettered
97 and the word "ordinance" may be changed to "section," "article," or such other appropriate word or
98 phrase in order to accomplish such intentions.
99 Section 6. Authority is hereby given to codify this Ordinance.
100 Section 7. This Ordinance shall be effective immediately after adoption by the City
101 Commission.
102 FIRST READING this 7tn day of February, 2017.
103 SECOND AND FINAL READING ADOPTED this 21st day of February, 2017.
104 CITY OF BOYNTON BEACH, FLORIDA
105 YES NO
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107 Mayor—Steven B. Grant
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109 Vice Mayor—Mack McCray ,.----
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111 Commissioner—Justin Katz `�
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113 Commissioner—Christina L. Romelus
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115 Commissioner—Joe Casello 6.''''-
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118 VOTE 5-0
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120 ATTEST:
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123 1,b t, .f12�'6 2
124 Judnth A. Pyle, CMG '
125 'ty Clerk
126 ,n w
127 r1:'i'=" _...
128 (Corporate Seal)
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