17-014I
2 ORDINANCE NO. 17- 014
3
4
5 AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA,
6 AMENDING THE CODE OF ORDINANCES, CHAPTER 13, LICENSING,
7 AND THE LAND DEVELOPMENT REGULATIONS, CHAPTER 1,
8 ARTICLE II, DEFINITIONS; CHAPTER 3, ARTICLE IV USE
9 REGULATIONS; AND CHAPTER 4, ARTICLE . V, MINIMUM OFF -
10 STREET PARKING REQUIREMENTS. PROVIDING NECESSARY
11 UPDATES; NEW STANDARDS AND JUSTIFICATIONS FOR THE
12 ACCOMMODATION AND REGULATION OF GROUP HOMES; AND
13 PARKING REQUIREMENTS FOR SINGLE- AND TWO-FAMILY
14 DWELLING UNITS. PROVIDING FOR EXCEPTIONS; PROVIDING
15 FOR CONFLICTS, SEVERABILITY, CODIFICATION, AND AN
16 EFFECTIVE DATE.
17
18 WHEREAS, there is a perception that there is a proliferation of unlicensed group
19 homes in Palm Beach County and within the City of Boynton Beach. That perception requires
20 the City Commission to examine the need for balance between citizens who desire or need
21 group housing and citizens who believe there should be greater regulation; and
22 WHEREAS, On November 10, 2016, the United States Departments of Justice and
23 Housing and Urban Development released the Updated Fair Housing Act Guidance on State
24 and Local Land Use Laws related to group housing; and
25 WHEREAS, in order to allow time to establish proper regulations to protect group
26 home residents while also exercising its lawful right to regulate zoning, on January 17, 2017,
27 the City approved Ordinance No. 16-025, thereby commencing a temporary moratorium on
28 the processing of applications for group homes to undertake the review and revision of the
29 zoning and use regulations as they relate to group housing within the City of Boynton Beach
30 to find the proper means of protecting the legal rights of group home occupants while
31 preserving the integrity of the City s zoning plan; and,
32 WHEREAS, during the time of the moratorium, the City conducted a study of the
33 City's Code. of Ordinances including zoning regulations, parking regulations, community
34 standards, and business tax processes; applicable federal rules; regulations, and reports on the
35 regulating of group and treatment homes; state laws and pending laws; reports or publications
36 on recognized recovery housing and the role and importance of communal living in the
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37 treatment process; including interviewing a representative from the Florida Association of
38 Recovery Residences; and
39 WHEREAS, The City adopted Ordinance 10-025, passed 12-7-10; Amended
40 Ordinance 11-002, passed 3-1-11; and Amended Ordinance 13-033, §3, passed 12-3-13, to
41 implement a procedure for processing requests for reasonable accommodation to the City's
42 Code of Ordinances, Land Development Regulations, rules, policies, and procedures for
43 persons with disabilities as provided by the federal Fair Housing Amendments Act (42 U.S.C.
44 3601. et. seq.) and/or Tide II of the Americans with Disabilities Amendments Act (42 U.S.C.
45 Section 12131, et. seq.) ("ADA").
46 WHEREAS, the City's reasonable accommodation process has remained viable
47 during the moratorium period to consider and avoid the denial of housing or related services
48 to a disabled individual; and
49 WHEREAS, the Palm Beach Grand Jury in the Circuit Court of the 15 I Judicial
50 Circuit's Report on the Proliferation of Fraud and Abuse in Florida's Addiction Treatment
51 industry (Dec. 8, 2016) reported 484 overdose deaths in Delray Beach in 2016, up from 195 in
52 2015; and
53 WHEREAS, the statistics on addiction and overdose for the City of Delray Beach and
54 Palm Beach County are an indication of the possible future of Boynton Beach, without proper
55 services for treatment and regulated housing accommodations; and
56 WHEREAS, The Palm Beach Grand Jury's Report recommended certification and
57 licensure for "commercial recovery housing"; and
58 WHEREAS, The Grand Jury received evidence from a number of sources that
59 recovery residences operating under nationally recognized standards, such as those created by
60 the National Alliance for Recovery Residences (NARR), are proven to be highly beneficial to
61 recovery; and
62 WHEREAS, the State of Florida relies upon the Florida Association of Recovery
63 Residences (FARR) for review, certification and oversight of recovery houses and operators
64 as part of the State's restriction on recovery residence referrals; and
65 WHEREAS, The courts have regularly found a legitimate purpose in zoning
66 regulations intended to achieve a homogenous, traditional single-family neighborhood, with
67 low noise, fewer people, and restrictions on vehicles; and
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WHEREAS, the City has experienced and observed a rapidly increasing rate of opioid
addiction, deaths, and emergency demands in the local area; and
WHEREAS, Boynton Beach Fire Rescue activity reports indicate that heroin and
opioid overdose calls totaled 250 in the first 5 months of 2017, resulting in 10 deaths and
requiring use of over $10,000 in Narcan for treatment; and
WHEREAS, Palm Beach County has experienced an increase in fatal opioid cases by
314% between 2012 and 2016; and
WHEREAS, the State of Florida has recognized a trend in criminal activity, such as
insurance fraud and resident neglect, related to the management of group homes, and as a
result, the State continues to adopt regulations and rules with an emphasis on penalties for
such activity; and
WHEREAS, the City of Boynton Beach seeks to establish regulations which protect
the group home residents from criminal activity, such as insurance fraud and'resident neglect,
related to the management of group homes; and
WHEREAS, the Fair Housing Act prohibits local land use and zoning laws, policies,
and practices that discriminate based on a characteristic protected under the Act, including
individuals being treated for addictions to alcohol and being treated for substance abuse; and
WHEREAS, in Olmstead v. L. C., the Supreme Court ruled that the Americans with
Disabilities Act (ADA) prohibits the unjustified segregation of persons with disabilities in
institutional settings where necessary services could reasonably be provided in integrated,
community-based settings. An integrated setting is one that enables individuals with
disabilities to live and interact with individuals without disabilities to the fullest extent
possible; and
WHEREAS, as a result of the City's research, it is necessary to modify the existing
ordinance to: (a) preserve access to homogenous, traditional single-family neighborhoods,
with low noise, fewer people, and restrictions on vehicles; (b) establish regulations which
protect the residents of group homes from criminal activity, such as insurance fraud and
resident neglect, related to the management of group homes; and (c) update the City's existing
regulations to incorporate recent changes in law and the findings of the Grand Jury; and
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97 WHEREAS, the City Commission deems it appropriate and in the best interests of the
98 health, safety and welfare of the citizens and residents of the City of Boynton Beach to amend
99 the City Code and Land Development Regulations as specified herein.
100
101 NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
102 THE CITY OF BOYNTON BEACH, THAT:
103 Section 1. The foregoing "Whereas" clauses are true and correct and incorporated
104 herein by this reference.
105
106 Section 2. That Chapter 13, of the City of Boynton Beach Code of Ordinances is
107 hereby amended as follows:
108
109
110 ARTICLE I. BUSINESS TAX RECEIPTS AND CERTIFICATE OF USE AND
111 OCCUPANCY
112 Sec. 13-4 CLASSIFICATION AND FEE SCHEDULE.
113 Notes:
114 * Businesses that Rrequiresd a license and/or certification from a state or other agency.
115 This includes but may not be limited to one or more of the following:
116 Department of Business and Professional Regulation and the Division of Hotels &
117 Restaurants, of Business Regulation,Department of Agriculture & Consumer
118 Services, Department of Highway Safety & Motor Vehicles, Florida Bar Association, Florida
119 Department of Financial Services T,epaF , ei# of B.,,,k4ng & >u",,,.,, o, Florida Agency for
120 Health .Care Administration, Florida Office of Financial Regulation, Palm Beach County
121 Contractors Certification Division, Palm Beach County Health Department, and the
122 Department of Health. Housing limited to, or intended for persons in any stage of alcohol and
123 drug treatment may be certified by the Florida Association of Recovery Residences
124 (FARR); a like entity as designated by the State of Florida for monitoring and oversight
125 purposes; or may apply for consideration through the City's Reasonable Accommodation
126 process, as set forth in Part III, Chapter 2, Article II, Section 4 of the City's Code of
127 Ordinances.
128
129 "NEC" - Not Elsewhere Classified
130
131 Sec. 13-30 GROUP HOMES
132
133 Sec. 13-30. Group Homes, Certification Requirements
134 (a) For applicable terms and definitions see the Land Development Regulations
.135 Chapter 1. Article II. Definitions.
136 (b) To ensure the proper care and treatment of individuals residing within a group
137 home, many who need special care or structured living environments for preservation or
138 advancement within a treatment process, all such homes and/or operators must be licensed
139 and/or certified by an entity operated by or affiliated with the State of Florida. This includes
140 any group home used for the purpose of housing residents in any stage of alcohol or drug
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141 treatment which must be certified by the Florida Association of Recovery Residences
142 (FARR). If a group home is not certified by FARR, the group home may apply for
143 consideration through the City's Reasonable Accommodation process, as set forth in Part III,
144 Chapter 2, Article II; Section 4 of the City's Code of Ordinances.
145
146 Section 4. That Chapter 1, General Administration, Article II, Definitions, of the
147 City of Boynton Beach Land Development Regulations are hereby amended as follows:
148
149 Ch 1. GENERAL ADMINISTRATION, ARTICLE II. DEFINITIONS
150
151 ."
152
153 DWELLING, MULTI -FAMILY - A building, typically referred to as an apartment or
154 condominium, containing three (3) or more dwelling units, all of which share a common
155 vestibule. Resident support services intended to meet the basic physical, emotional, and social
156 needs of the residents such as custodial care or support with activities of daily living (ADL)
157 are prohibited. Licensing or certifications from the Florida Department of Health are not
158 required.
159 GROUP HOME - A facility that provides -lodging for moo (3) or mare individuals in
160 dwelling units or sleeping rooms which, with the possible exceptions of a Type 3 Group
161 Homes, operate -primarily on a referral basis from state, county, or local social service
162 agencies and/or self-help programs. These All group homes, unless specifically exgmpt by
163 Florida Statutes, are licensed by 'thin the State of Florida Dei3 ,, �.. en of 4ealth
164 and Rehabilitative Sen,iees, except that drug and alcohol treatment homes (a/k/a recovery
165 residence) shall be certified by the Florida Association of Recovery Residences (FARR) or, if
166 not certified by FARR, may apply for consideration through the City's Reasonable
167 Accommodation process, as set forth in Part III, Chapter 2, Article II, Section 4 of the City's
168 Code of Ordinances. The different types of group homes are distinguished by size and/or the
169 extent of support services provided. may Group Homes offer in addition to lodging, and meals
170 along with either limited or comprehensive resident support services rete that meet the
171 basic physical, emotional, and social needs of the residents ; .Such limited services may
172 include a e counseling, ^.uida 6e a„a .°.,,.j.ing levels of basic medical care, support
173 with activities of daily1(g ADL), and transportation to off-site service providers. Services
174 � at a Type 1 or Type 2 Group Home are typically provided by individual
175 including but not limited to a caretaker/overseer, counselor, house manager, nurse or
176 therapist. Such homes operate as the equivalent of a family unit sharing kitchen and living
177 amenities of the home through daily interactions or coordinating responsibilities, and exist
178 compatibly within the surrounding neighborhood. The term "group home" includes but is not
179 limited to .,,,,.sing homes, adult congregate living facilities (ACLF), assisted living facilities
180 (ALF), group care homes, community residential homes, and recovery homes, and resider+��'
181 treatment f ^rifles. The following additional descriptions further define the three different
182 types of group homes defined by type:-
183
yp '183 1. TYPE 1 - A group home of not more than six -two (g2) residents per bedroom, up to a
184 maximum of ten (10), including a caretaker or overseer, which provides limited support
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185 services on-site. The services aregLtypically delivered by a single individual including but
186 not limited to a caretaker/overseer, counselor, house manager, nurse or therapist. Such lined
187 services may include -for example -counseling, basic -medical care, assistance with activities of
188 daily living (ADL), and transportation to off-site service providers. Such homes operate as the
189 equivalent of a family unit, with shared kitchen and living amenities of the home, and existed
190 compatibly within the surrounding neighborhood. W-hic-h is licensed by an ageney widlLn.
191 _
192 ,
193 inelmuding sueh supen,isien and eare by supportive staff as may be neeessary to meet the
194 physical, emotional, and seeial needs of the residents, but which may or may not be heensed
195 by the Fierida Department of HeaM and Rehabilitative Servie
196
197 2. TYPE 2 - A group home or facility with no less th semen (7) or --more than fourteen
198 (14) residents. A Type 2 Group Home provides limited support services on-site, and sugh on.
199 site -semeg nerally provided bele individual including but not limited to a
200 caretaker/overseer, counselor, house manager, nurse or therapist. Such limited services may
201 include for example counseling, basic -medical care, assistance with activities of dailylg
202 (ADL), and transportation to off-site service providers. Such homes operate as the equivalent
203 of a family unit, sharing kitchen and living amenities of the home, daily interaction and
204 coordination, and existing compatibly within the surrounding neighborhood. This category of
205 group home includes a Community Residential Home as defined and licensed by the State of
206 Florida. whieh is eensed to serve clierAs of the Florida Department of 14L-aM an
207 ,
208 ,
209 eraefioaa4, and soeial needs of the residents, but whieh are not lieensed by the Fierid
210 Department of Health and Rdiabilitative Ser-v4ees. This definition inc4udes all f4eilities
211 operating for sueh purpose or intent, but whieh may or may net be heensed by the Fierid
212 .
213
214 3. TYPE 3 n t,,,me orf edit. with fifteen (5) or more eside #s ..-hie, is heense
215
216 provides for a living envi-remnent for residents, ineluding sueh supervision and eare-may
217 suppe4ve staff as may be neeessary to meet the physiea4, emotional, and soeW needs of th
218 ,
219 may or may net be heensed by the Fierida DepaftmerA ef HeaM and Rehabilitative Serviees.
220 A group home without a limit on the number of residents, and that principally provides Short -
221 terra -or long-term lodging for unrelated persons in individual sleeping rooms or dwelling units
222 with private or shared kitchen and bathing facilities along with other common amenities to
223. meet the medical, social and recreational needs of the residents. These facilities are licensed
224 by an " , o -withi.p. the Florida Department of Health. This category of group homes
225 provides lodging accommodations; and comprehensive, on-site personal services
226 represents a larger, a more self-sufficient facility than a Type 1 or Type 2 Group Home.
227
Personal serviges for residents are delivered b-,, a host of qualified staff-, speeiali-sts arid -
228 . However, such facilities would
229 not include 24-hour, on-site skilled nursing services, except as allowed in a combination
230 facility as described below. To support the principle of continuum of care, this type
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231 accommodates a range of facilities from independent to assisted living facilities, or the
232 combination of such facilities with a nursing home and/or memory care facility as longas s the
233 nursing home or memory care represents 40% or less of the total bed count of the facility. The
234 term "group home" includes but is not limited to
235 assisted living facilities (ALF), and excludes facilities that provide short-term
236 accommodations in conjunction with a specific medical or mental health service (see the use
237 category Medical Care or Testing (In-patient)). See the Zoning Matrix and Notes for
238 additional provisions and standards.
239
240 4. TYPE 4 A home or faeilityzef seven (7) or- more individuals elassified as
241 ; reeovefy homes and mental health or- substance abi
242 ,
243 Department of Health and Rehabilitative—Serviees--and which provides for-
244 ,
245 neeessar-y to meetthe physieal,emotienal, and sees l needsofthe residents. This
246
247 ,
248 ,
249
250
251 definition.
252
253 "
254
255 HOSPITAL - An establishment typically referred to as an institution (excluding L'Group
256 Homes 4") that provides comprehensive, inpatient and outpatient healthcare, including
257 typical emergency medical, surgical, diagnostic, rehabilitation and treatment services, as well
258 as other specialized services ranging from bariatrics to wound care. This use would also
259 include accessory meeting/conference facilities, limited retail sales, and administrative
260 offices.
261
262 MEDICAL CARE OR TESTING (IN-PATIENT) - A facility, excluding hospitals, which
263 open operate 24 hours per day or provides 24-hour healthcare, treatment, and/or examinations
264 from professional medical staff (e.g. skilled nursing services), requiring overnight stays for a
265 short or long period of time, and are based on emergency, planned, or scheduled admittance to
266 facilities with controlled and secured access to ensure appropriate care of patients. Such
267 facilities include but are not limited to:
268 1. Alcohol or chemical dependency treatment centers licensed pursuant to F.S. Chapter
269 397;
270 2. Mental health treatment facilities licensed pursuant to F.S. Chapter 394;
271 3. Urgent care centers (24-hour);
272 4. Inpatient testing services such as sleep disorder centers;
273 5. Birth centers licensed pursuant to F.S. 383.305;
274 6.- Hospice facilities licensed pursuant to F.S. Chapter 400, Part IV;
275 7. Eating disorder treatment centers; and
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276 8. Nursing homes, and physical rehabilitation centers, and memory care facilities (i.e.
277 dementia/Alzheimer's care facilities, licensed pursuant to F.S. Chapter 400.
278
279 "
280
281 Section 5. That Chapter 3, Zoning, Article IV, Use Regulations, of the City of
282 Boynton Beach Land Development Regulations are hereby amended as follows:
283
284 CH. 3. ZONING, ART. IV. USE REGULATIONS, SEC. 3.1). MATRIX AND NOTES
285
286 14. General Note. The subject use is only allowed on a lot that fronts on an arterial or
287 collector street as defined in Part III, Chapter 1, Article II of the LDR under definitions for
288 "Street -Arterial" and "Street -Collector". Except for uses providing Medical Care or Testing
289 (In-patient) shall be limited to lots that front on an arterial roadway.
290
291 40. Group Home Types I *h,.,,,,gh
292
293 a. All–Group Home Typel . Maximum persons per unit. Two (2) persons per
294 bedroom, not to exceed 10 persons including a resident caretaker or overseer.
295
296 b. Group Homes Type 1 and 2.
297
298 (1) Common. Area. At least ten percent (10%) of the total floor area shall be
299 devoted to a common area, exclusive of halls, corridors, stairs, and elevator shafts,
300 wherein a variety or recreational or therapeutic activities may occur.
301
302 (2) Rooms. Residents' rooms or suites shall, in no case, have kitchen facilities
303 available for the preparation of food.
304
305 e. Type4
306
307 04 LaLDesign. Pursuant to Chapter 4, Article III, Section 3.G.1, the appearance
308 of a group home shall be residential in character and similar in appearance to the
309 surrounding neighborhood.
310
3.11 {�}
312
313 (5) Parking. See the Chapter 4, Article V for applicable parking requirements.
314
315 s2 --
,3 --
,and -4-
316
- „a n
316
317 c Group Home Type 2.
318
319 (1) Separates—Su,, �, l b i � a dist nee fere t'! e:usan (1-,0"
crr-a�nun-aczvccr�va-cc��iiir-Rrs�vc-vr-vnc�Zo�ra--
320 feet f'om ....otherhome (regardless of type) and six hundred (600) feet „�
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321 ,
322 pr-eperty lines. Thefieer- area of any existing faoility shall not be expanded
323
324
325 sueh uses sna4l be aeoompaniedby anr affidavit Eei4ifyknee with this
326 restrietion.
327 (1) Two (2) persons per bedroom, not to exceed 14 persons including a resident
328 caretaker or overseer
329 (2) Conditional use approval is not required within a Planning Unit Development
330 (PUD) if approved on the master plan or modified master plan.
331
332 d. Group Home Type 3.
333
334 (1) PUD or Mixed Use Zoning District. Conditional use approval is not required
335 within a planned development zoning district (i.e. PUD or MU Zoning District) if
336 approved on the master plan or modified master plan.
337 (2) MU -L2 and MU -L3. Projects require a minimum of 60% of the dwelling units
338 to be for independent living with full kitchen and bath facilities, and not require
339 licensing by the State of Florida Department of Health.
340
341 Section 6. That Chapter 3, Zoning, Article IV, Use Regulations, of the City of
342 Boynton Beach Land Development Regulations are hereby amended as follows:
343
344 LDR Chapter 3, Art. IV. Sect. 3.1) - Use Matrix (Table 3-28).
345 Proposed Amendments — Group Homes — See Exhibit "A" Attached hereto
346
347 Section 7. That Chapter 4, Site Development Standards, Article V, Minimum Off -
348 Street Parking Requirements of the City of Boynton Beach Land Development Regulations
349 are hereby amended as follows:
350
351 CH. 4. SITE DEVELOPMENT STANDARDS
352 Article V. MINIMUM OFF-STREET PARKING REQUIREMENTS
353 Sec. 1. General.
354 A. Purpose and Intent. The purpose of this ,article is to provide accessible, attractive,
355 secure, properly lighted, well-maintained, and screened off-street parking facilities for the
356 citizens and visitors of the City. It is the intent of these Regulations to ensure the provision of
357 off-street parking in proportion to the typical and daily demand created by various businesses
358 located downtown and in the suburban areas. It is also the emphasis of this article to promote
359 efficient use of land and redevelopment through promotion of cross -parking and
360 interconnectivity, shared parking and necessary reductions to consider alternative parking
361 resources and redevelopment initiatives.
362 B. Administration. The Director of Planning and Zoning or designee shall have the
363 authority to interpret and administer this article.
364 C. Applicability. The provisions of this article shall be considered the minimum standards
365 and except where specifically stated otherwise herein, are applicable to all new construction
366 projects or modifications to existing sites.
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367 D. Terms and Definitions. See Chapter 1, Article II for all applicable terms and definitions
368 which pertain to the regulations and standards contained herein.
369 E. Conflict.. Whenever the regulations and requirements of this Code are at conflict with
370 any other lawfully enacted and adopted rules, regulations, ordinances, or laws, the most
371 restrictive shall apply, unless otherwise stated herein.
372 F. Relief from Standards. Unless described otherwise, any deviation from the parking
373 standards contained herein shall require approval of a variance application, which is subject to
374 review and approval by the City Commission. A request for a variance shall be reviewed in
375 accordance with Chapter 2, Article II, Section 4.D.
376
377 Sec. 2. Standards.
378 A. General.
379 1. Rules and Methodology.
380 .......
381
382 2. Minimum Number of Required Off -Street Spaces for Non -Residential Uses. No fewer
383 than four (4) parking spaces shall be provided for any non-residential use.
384 3. Location of Off -Street Parking Areas.
385 a. Residential. Required parking spaces for all dwellings shall be located on the same
386 lot as the dwelling to be served.
387 b. Non-residential. Required parking spaces for all non-residential uses shall be owned
388 by the owner of the building or lot to be served, and shall be located on the same lot, or not
389 more than three hundred (300) feet distance, unless the property is located within those areas
390 defined within the adaptive re -use section of the Code (Chapter 4, Article 5, Section 4). In
391 those areas, required parking spaces may be leased within three hundred (300) feet of the use
392 in which they serve, subject to Board and City Commission approval, and the property shall
393 be posted with signage indicating to patrons the location of the leased parking.
394
395 4. Driveways and other impervious surfaces within front or side yards of single- and two -
396 family dwelling units.
397 a. Applicability. The requirements of this section are. applicable to new construction
398 projects, modifications that increase air-conditioned living space and/or number of
399, bedrooms, and requests for a Certificate of Use.
400 b. Driveways shall be constructed of concrete, asphalt, or other hard surface as approved
401 by the City Engineer. Where possible, design and construction should maximize the
402 albedo and minimize the heat island effect of such improvements. Also where
403 possible, tandem parking design is encouraged to minimize impervious surface area
404 and maximize the environmental design of the project.
405 c. Such surfaces shall not exceed 40% of the minimum front yard area.
406 B. Table 4-17. Residential and Lodging Uses.
407
Residential and Lodging Uses I Standard Number of Required Parking Spaces
Building area size is based upon gross floor area (in square feet) unless specifically expressed otherwise.
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Single-family, duplex dwelling, or mobile home:
-2x1, z
Efficiency or one (1) -bedroom apartment:
1.51,2,3
Within mixed use high district:
1.333
Two (2) or more bedroom apartment:
21,2,1
Within mixed use high district:
1.66 -1,2,3
Dormitories:
1 per unit
Hotel & motel suite:
1.25 per unit
Within mixed use high district:
1 per unit
Group home (types 1, hough-4and 2):
X21-' �
Group home (type 3)
1 per 3 beds
Bed & breakfast:
1-32 —4
Live/work unit:
1 per 2 units42
409
410 1. A minimum of two (2) spaces are required per unit, or 1 space per bedroom,
411 whichever is greatest. Except that dwellings with 5 or more bedrooms are required 1.5
412 spaces per bedroom.
413 2. Residential driveways sha-4 can be used to satisfy, or partially satisfy the parking
414 space requirements for single-family detached dwelling units, duplexes, and multi -
415 family dwelling units containing garages, provided such driveways are of sufficient
416 size to meet the parking space requirements of this subsection. A residential driveway
417 of sufficient size shall be provided prior to the issuance of a certificate of
418 occupancy. If garages are used towards meeting minimum parking requirements, said
419 garages shall remain open and available for vehicle parking consistent with the design
420 represented at time of approval. For all required parking spaces not located within an
421 enclosed garage, the first parking space shall be the minimum size required for a
422 handicap space, exclusive of public or private rights-of-way, and all other required
423 spaces must be dimensioned in accordance with current city standards. All driveways
424 shall be setback at least two (2) feet from interior side and corner side property lines,
425 and maintained and drained so as to prevent nuisance conditions or a danger to the
426 public and/or adjacent property owners. Any expansion to an existing driveway shall
427 require a zoning permit from the Planning and Zoning Division in accordance with the
428 procedures specified in Chapter 2, Article II, Section 5.B.; however, any driveway
429 expansion (or similar impervious surface) that is equal to or greater than eight hundred
430 (800) square feet shall require the approval of a land development permit in
431 accordance with Chapter 2, Article III, Section 3. Any work, such as a driveway,
432 proposed within the swale (right-of-way) shall require a permit from the Engineering
433 Division in accordance with the procedures specified in Chapter 2, Article III, Section
434 4.
435 -23. Guest'parking shall be provided at a rate of 0.15 spaces per unit for residential
436 developments consisting of three (3) or more dwelling units.
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437 -34 Required parking shall be calculated on the basis of one (1) space per each employee,
438 manager, or owner and one (1) parking space for each guest unit. Newly created
439 parking may be located only in the rear and side yard.
440 4-5 In addition to the required parking for the residential unit, the city requires that one
441 (1) parking space per two (2) live/work units be provided to meet business activity
442 needs. Parking provided to meet this requirement shall be located on the lot, built into
443 or under the structure, or within three hundred (300) feet of the unit in which the use is
444 located. The distance shall be a straight line measurement from a point on the
445 boundary line of the property of the subject unit to the closest boundary line of the
446 property on which the parking is located. Parking provided to accommodate said
447 space, including driveways of adequate depth in front of the unit's garage, shall not
448 serve as meeting required parking for the unit's residential use.
449 -56 Hotel/motel uses open to the general public, such as a restaurant or lounge, shall
450 provide parking at a rate of fifty percent (50%) of the requirement of a standalone operation..
451 Section 8. That Chapter 1, General Administration, Article VIII, Appeals, of the City
452 of Boynton Beach Land Development Regulations is hereby amended as follows:
453 D. Assignment of Appeals. The City Commission or the Building Board of
454 Adjustment and Appeals shall review all appeals. The assignment of each is as follows:
455
456 1. City Commission. The City Commission shall hear and decide all appeals
457 regarding the administration, interpretation, or enforcement of any standard, provision, or
458 regulation contained in the land development regulations, except for that which is identified in
459 subp.,,..,,,,..,p below.
460
461 2. Building Board of Adjustment and Appeals. The owner of a building,
462 structure, or service system, or duly authorized agent may appeal a decision of the Building
463 Official in his/her enforcement or administration of Chapter 4, Article IX, Building,
464 Construction and Historic Preservation Requirements; Chapter 4, Article X, Flood Prevention
465 ,Requirements; or whenever any one (1) of the following conditions are claimed to exist:
466
467 ....
468 e. An application made by the owner or tenant of a property which operates as
469 a group home is denied. The Building Board of Adjustment and Appeals shall convene
470 within thirty (30) calendar days of the date that a written appeal is filed with the City.
471 If the Building Board of Adjustment and Appeals is unable to convene within 30 days,
472 the appeal may be heard by the City's Magistrate and the matter will be added to the
473 agenda of the next available Code Enforcement Hearin
474 Section 9. Each and every other provision of the Code of Ordinances and Land
475 Development Regulations of the City of Boynton Beach not herein specifically amended shall
476 remain in full force and effect as previously enacted.
100192470.1306-9001821) Page 12 of 12
477 Section 10. All ordinances or parts of ordinances in conflict herewith be and the
478 same are hereby repealed.
479 Section 11. Should any section or provision of this ordinance or portion hereof, any
480 paragraph, sentence or word be declared by a court of competent jurisdiction to be invalid,
481 such decision shall not affect the remainder of this ordinance.
482 Section 12. Authority is hereby granted to codify this ordinance.
483 Section 13. This ordinance shall become effective immediately upon passage.
{00192470.1306-9001821} Page 13 of 13
SIM
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FIRST READING thi4tf" day of -JUMe , 2017.
SECOND, FINAL. READING AND PASSAGE this VAday of
� L H , 2017.
ATTEST:
—d4w4z
JuA. Pyle, CM
C. Clerk
(Corporate Seal)
(00192470.1306-9001821)
CITY OF BOYNTON BEACH, FLORIDA
YES NO
Mayor – Steven B. Grant
Vice Mayor – Justin Katz
Commissioner – Mack McCray
Commissioner – Christina L. Romelus
Commissioner – Joe Casello
Page 14 of 14
VOTE
LDR Chapter 3, Art. IV. Sect. 3.1) — Excerpt of Use Matrix (Table 3-28).
Proposed Amendments — Group Homes
fOO192470.1
Residential
Commercial
Mixed -Use
Industrial
Misc.
P = Permitted
C = Conditional
A = Accessory
d
c4
rx
a
rx
a
a
a
a
U
U
U
U
U
w
RESIDENTIAL & LODGING
Accessory Dwelling Unit
P 36
P 36
P36
P 36
P 20
P 20
36
36
36
36
Bed & Breakfast
C37
C37
C 37
C 37
CC
37
C37
37
Dwelling, Single- family
p 34
P 34
P
P 34
P 34
P9
P
P
P 18
P 34
A20
A20
(detached)
34
34
34
1934
34
34
34
Dwelling, Two-family
P 34
P 19
P
P
P 18
P 34
P 34
P
C
A20
A20
(duplex)
34
34
34
1934
38
C 34
38
P 34
P 34
34
P 34
34
34
34
Dwelling, Multi -family
PP
19
P
P 18
P 34
C34
P 34
P 34
P 34
P
P 34
P
P
P 27
A20
A 20
34
34
1934
39
39
34
634
34
34
34
34
34
Dwelling Units in Mixed
P 18
P 18
P
P
P
P 27
20
20
Use Buildings
1934
1934
P 34
P 34
P 34
34
P 34
6 34
6
34
34
3
3
34
34
Group Home Type 1 (2 per
room up to 10 6 or less
P 40
P 40
P 40
P 40
P 40
P 40
residents, limited service)
Group Home Type 2 (2 per
P
room up to 74e-14
14
P-40
P-40
residents -limited service)
40
0
0
Group Home Type 3 (1-34=
C
resident omprehensive
-
-
-
14
C 40
C 40
P 40
P 40
-C 40
C 40
-C 40
-
-
service)
40
40
Group Home Type -4
(speeial c 0 71 gide.4,.\
\oY.w dare-�—icoiacm-��
_
_
_
_
_
_
_
_
C-40
_
_
ren
_
_
_
_ J-
306-9001821) EXHIBIT "A"