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17-023
ORDINANCE NO. 17-023 2 3 AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA 4 AMENDING LAND DEVELOPMENT REGULATIONS, CHAPTER 1, 5 ARTICLE II,"DEFINITIONS"; AMENDING CHAPTER 1,ARTICLE III, 6 "RELATIONSHIP TO COMPREHENSIVE PLAN"; AMENDING 7 CHAPTER 3, ARTICLE I, "OVERVIEW"; AMENDING CHAPTER 3, 8 ARTICLE III, "ZONING DISTRICTS & OVERLAYS"; AMENDING 9 CHAPTER 3, ARTICLE III, SECTION 1, "OVERVIEW"; AMENDING 10 CHAPTER 3, ARTICLE III, SECTION 2, "RESIDENTIAL DISTRICTS"; 11 AMENDING CHAPTER 3, ARTICLE III, SECTION 5, "MIXED-USE 12 (URBAN) DISTRICTS"; AMENDING CHAPTER 3, ARTICLE III, 13 SECTION 8, "OVERLAY ZONES"; AMENDING CHAPTER 3,ARTICLE 14 V, "SUPPLEMENTAL REGULATIONS"; AMENDING CHAPTER 4, 15 ARTICLE III, "EXTERIOR BUILDING AND SITE DESIGN 16 STANDARDS"; AMENDING CHAPTER 4, ARTICLE V, "MINIMUM 17 OFF-STREET PARKING REQUIREMENTS"; AMENDING CHAPTER 18 3, ARTICLE IV, SECTION 3.D, "ZONING MATRIX"; AMENDING 19 CHAPTER 3, ARTICLE IV, SECTION 3.D., "ZONING MATRIX 20 NOTES"; PROVIDING FOR CONFLICTS, SEVERABILITY, 21 CODIFICATION AND AN EFFECTIVE DATE. 22 23 WHEREAS,the Boynton Beach CRA Community Redevelopment Plan was adopted by 24 the City Commission on October 4, 2016 and is now being implemented through incremental 25 amendments to the Comprehensive Plan and Land Development Regulations; and 26 WHEREAS, these proposed amendments primarily involve the future land use (FLU) 27 and zoning district schemes including the merging of certain future land use classifications and 28 zoning districts, establishment of a new future land use classification and zoning district and 29 minor changes to the titles of the mixed use future land use classifications and corresponding 30 zoning districts; and 31 WHEREAS, staff proposes these amendments to continue implementing the CRA's new 32 Community Redevelopment Plan and to support continued quality development and 33 redevelopment of the downtown and remaining CRA area; and 34 WHEREAS, the City Commission has considered the recommendations and has -1 - C:\Users\StanzioneT\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.IE5\SATNOEVN\Community_Redevelopment_Plan_-_Future_Land_Use_-_Ordinance(1).docx 35 determined and finds that it is in the best interest of the citizens and residents of the City of 36 Boynton Beach, Florida to approve the amendments to the Land Development Regulations as 37 contained herein. 38 NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF 39 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 40 Section 1. The foregoing whereas clauses are true and correct and are now ratified and 41 confiiined by the City Commission. 42 Section 2. The Land Development Regulations of the City of Boynton Beach Code 43 of Ordinances is hereby amended as reflected in Exhibit "A" attached hereto and incorporated 44 herein. 45 Section 3. Each and every other provision of the Land Development Regulations not 46 herein specifically amended, shall remain in full force and effect as originally adopted. 47 Section 4. All laws and ordinances applying to the City of Boynton Beach in conflict 48 with any provisions of this ordinance are hereby repealed. 49 Section 5. Should any section or provision of this Ordinance or any portion thereof 50 be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the 51 remainder of this Ordinance. 52 Section 6. Authority is hereby given to codify this Ordinance. The City Clerk is 53 directed to work with the Land Development Regulations publisher to consolidate this ordinance 54 and the exhibit for publication. 55 Section 7. This Ordinance shall become effective immediately. 56 -2- C:\Users\StanzioneT\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.IE5\SATNOEVN\Community_Redevelopment_Plan_-_Future_Land_Use__Ordinance(1).docx 57 FIRST READING this 7th day of September, 2017. 58 SECOND, FINAL READING AND PASSAGE this /9 ' day of.? enihr, 2017. 59 60 CITY OF BOYNTON BEACH, FLORIDA 61 62 YES NO 63 64 Mayor— Steven B. Grant 'f 65 66 Vice Mayor—Justin Katz 67 68 Commissioner—Mack McCray 69 70 Commissioner—Christina L. Romelus 71 72 Commissioner—Joe Casello 73 74 75 VOTE 76 77 ATTEST: 78 79 81 Jud' A. Pyle, C/C 82 Cif Clerk 83 84 85 86 (Corporate Seal) ,,o 87 88 s`tak I11.-z,-,J la I 7r s -3- C:\Users\StanzioneT\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.1E5\SATNOEVN\Community_Redevelopment_Plan_-_Future_Land_Use_-_Ordinance(1).docx EXHIBIT "A" LDR AMENDMENTS GROUP 3 / CRA PLAN IMPLEMENTATION Code of Ordinances, Part III. LDR,Ch 1,Art. II. Definitions 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-61 Mmixed U++se 1; MU-62 Mixed eUse Iew e+ 2; MU-63 Mmixed Uose—-low, cn ity-3; MU-4 Mixed Use—4 and MU-44C Mixed Uese-hiCore. 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-U1 Mmixed Use- low i g 1; MU-L2 Mmixed U tse-.- low i 2; MU-43 Mcfsvixed U{+se= ty-3; MU-4 Mixed Use-4; MU-44C MFaixed Utise high intcnsityCore; and PID planned industrial development. 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; R-4 multi-family residential; IPUD infill planned unit development; PUD planned unit development; or MHPD mobile home planned development. Code of Ordinances, Part Ill. LDR, Ch 1,Art. III. Relationship to Comprehensive Plan Sec. 5. Future Land Use Map (FLUM). 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: Future Land Use Map(FLUM)Classification (including maximum dwelling units per acre) Zoning districts LDR 1A4e14R �IeDR 11DR SHDR MX_S C a'IX (5) (7.5) ( ( (20) OC LRC GC MXL MXXM MXH I R PPGI DRI (7.5) (11) (15) (20) (4150) (80) F2-1-AAB 5 F1-1-AA 5.5 e'5.5 6 • -1 7_• 5 '7.5 2 =10 R-3 • R-4 • PUD • UD ▪ a • • . • IVIHPD • a C-1 • C-2 ' • C-3 • • • C-4 • CBD PCD ' 3MU • VIU 1;1 • e-220 • %4U-IL2 4U-1.3 • VIU-4 • VIU-HC VI-1 PID • • REC • • PU Future Land Use Map Classifications: LDR: Low Density Residential MXS: Mixed Use Suburban MXL: Mixed Use Low MoDR: Moderate Density Residential MX: Mixed Use MXM: Mixed Use Medium MeDR: Medium Density Residential MX-CH: Mixed Use CereHigh 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 Code of Ordinances, Part III. LDR, Ch. 3,Art. I. Overview Sec. 4. Official Zoning Map C. Establishment of Zoning Districts. The City of Boynton Beach is hereby divided into zoning districts as follows and as delineated on the official zoning map which, together with all explanatory matter thereon, is hereby declared a part of the official zoning regulations: R-1-AAB Single-family residential district R-1-AA Single-family residential district R-1-A Single-family residential district R-1 Single-family residential district R-2 Single- and two-family residential district R-3 Multi-family residential district R-4 Multi-family residential district IPUD Infill planned unit development district PUD Planned unit development district MHPD Mobile home planned development district C-1 Office and professional commercial district C-2 Neighborhood commercial district C-3 Community commercial district C-4 General commercial district CBD Central business district PCD Planned commercial development district SMU Suburban mixed use district MU-L1 Mixed use-low intensity 1 district MU-b2 Mixed use-low intensity 2 district MU-L3 Mixed use-low intensity 3 district MU-4 Mixed use 4 MU--I4C Mixed use-high intensity Core district M-1 Industrial district PID Planned industrial development district PU Public usage district REC Recreation district Code of Ordinances, Part III. LDR,Ch 3,Art. Ill.Zoning Districts&Overlays Sec. 1.B. Residential Building and Site Regulations (Table 3-1) RESIDENTIAL R-I R-1 R-1 R 1 R-2 R-3 R-4 IPUD PUD MHPD AAB AA A Duplex Multi Multi Flexible Density(dwelling units per acre): 5 5.5 6 7.5 1015 Flexible}310 Flexible10 Flexible4;10 Project Area,Minimum(acres) N/A N/A N/A N/A N/A N/A N/A N/A 5+ 10+ Lot Area per unit,Minimum(square 9,000 8.000'` 7,500 6,000 4,500 4,000'312 4--L00043�Z Flexible'g Flexible 4,200 feet): Lot Frontage,Minimum(feet): 90 75 60 '60 75 100 100 Flexible Flexible N/A Living Area,Minimum A/C(square 1,800 1,600 1,400 1,200 750 750 650 750 750 N/A feet): Flexible Flexible Lot Coverage,Maximum: 45% 45% 45% 50% 40% 40% 50% 50% . N/A N/A Floor-Area-Ratio(FAR)for Non- NSA 0.306 Residential,Maximum: N/A N/A N/A N/A 0.106N/A N/A N/A N/A Structure Height,Maximum(feet): 30 30 30 30 25' 4586 45 456-' 4586 30 Building Setbacks,Minimum(feet): Front: 25 25 25 25 25 40 20 Flexibles Flexibles 20 • Interior side: . 10 10"8 7.5 7.5 10 20 20 Flexibles Flexibles 5 Corner side: 254 254 254 254 254 40 20 Flexibles Flexibles 10441-1 Rear: 204 204 204 204 254 40 40 Flexibles Flexibles 10441-1 Special rear yard setback reductions for Maximum Percentage of Reduction: 1-story building additions abutting: 1-95 or railroad tracks: 50% 50% 50% 50% N/A N/A N/A N/A N/A N/A Intracoastal Waterway(ICWW): _ 50% 50% 50% 50% N/A N/A N/A N/A N/A N/A Lake: 50% 50% 50% 50% N/A N/A N/A N/A N/A N/A Golf course: 50% 50% 50% 50% N/A N/A N/A N/A N/A N/A • Canal wider than 150 feet: 50% 50% 50% 50% N/A N/A N/A N/A N/A N/A Canal narrower than 150 feet: 33% 33% 33% 33% N/A N/A N/A N/A N/A N/A Commercial/industrial: 50% 50% 50% 50% N/A N/A N/A N/A N/A N/A Public/private park: 50% 50% 50% 50% N/A N/A N/A N/A N/A N/A 50% 50% 50% 50% N/A N/A N/A N/A - N/A N/A Perimeter wall abutting non- residential: Administrative Adjustment: Maximum Percentage of Reduction(to standard yard setback): Front yard: 20% 20% 20% 20% N/A N/A N/A N/A N/A N/A Side yard: 20% N/A 20% 20% N/A N/A N/A N/A N/A N/A Rear yard: 25% 25% 25% 25% N/A N/A N/A N/A N/A N/A General Notes: 1,2 1,2 1,2 1,2 3 3 1,3 1-39 1. The setback reduction provisions shall not supersede any setbacks that are recorded on a plat and shall not be used in conjunction with the setback reductions allowed by administrative adjustments. 2. An administrative adjustment to reduce a setback may be granted if any first floor addition follows the building line of a legally non-conforming single-family structure,or a building line previously approved by a variance. 3. Existing and/or planned single-family homes shall conform to the R-1 district requirements. Duplex homes shall conform to the R-2 district requirements. 4. Where orientation of adjacent lots on both street frontages provides typical front yard setbacks,the corner lot shall provide for front yard setbacks along both streets. When two(2)front yard setbacks are provided for on a corner lot,no rear yard back setback shall be required,only side yard setbacks shall be imposed. 5. Minimum required perimeter setbacks of an IPUD or PUD are flexible except where adjacent to single-family residential zoning. Where adjacent to single- family zoning,required perimeter setbacks shall resemble the setbacks of the adjacent development based upon the orientation of structures with said development. Also,perimeter buildings shall have an increased setback of one(1)additional foot for every foot of building height in excess of thirty(30) feet. Project design along abutting roadway(s),including setbacks,shall be based on existing development patterns or applicable recommendation from the respective development plan. • Seefieu-3:}-end-H•_.,, uant-to thea . . . . .... • . 7. N,—� f-to-e*eeed (2` tortes: 86. • : . • •••• .. . See Note#5 for additional setback requirements relative to building height. 97. A lesser building height may be required for compatibility with adjacent develepment properties. See Note#5 for more nddi4iena1 setback requirements relative to building height. 1. . • . \ , ! .. . . f , . . • , .. . .. .... • 148. The minimum lot area shall be seven thousand,five hundred(7,500)square feet and the minimum side yard shall be seven and one-half(7-1/2)feet for properties developed and/or platted prior to June 13,1975. 4-29. 4-tTotal usable open space shall be calculated at of two hundred(200)square feetrper dwelling unit(also see Chapter 4,Article Ill,Section 8.). 1410. The maximum allowable density is determined by the applicable future land use classification of the Comprehensive Plan. -1411. Perimeter building setbacks of the mobile home park district shall mirror the building setbacks of adjacent zoning district(s),but with a minimum of the setback required for a single-family residence. 1-512. Multi-family dwellings and group homes require four thousand(4,000)square feet. All other uses allowed in R-3 and R-4 require twenty thousand (20,000)square feet. • Code of Ordinances, Part Ill. LDR, Ch. 3,Art. Ill.Sect. 1. Overview E. Mixed-Use Urban Building and Site Regulations (Table 3-4) MIXED USE,URBAN MU-L1 MU-b2 MU-b3 MU-4 MU-T4C Lot Area,Minimum(acres): Public park N/A• N/A N/A N/A N/A All other uses 0.50 0.75 1 1 I Lot Frontage,Minimum(ft.)' 100 100 1501 200 200 Structure Ht.,Minimum(ft.) 30 30 30 45 45 Maximum Height(ft.);' 45 65 75 100 150/12564 Maximum Density(DUs/Acre)44 ;G11 20 3040 . 4050 60 80 Maximum F.A.R.431-1 1.0 2.0 3.0 4.0 4.0 Build-to-line(ft.)441: . All sides abutting a collector or arterial road Factor of Pedestrian Zone Requirement Abutting a Local street 04"'- 04"'- 04A7- 0487- 0i07- Interior side 04" 04"z 0'2. 04" 044' Building Setbacks,Minimum(ft.)441': Rear abutting: Residential single-family 2541/041'425'5 25'5 2545 2545 Intracoastal waterway 25'5 2545 25'5 25'5 2545 Side abutting Residential single-family 254$/041g1 2545 2545 2545 2545- Usable Open Space,Minimum(sq.ft.)442 N/A N/A N/A 1% 2% 1. May be reduced if frontage extends from right-of-way to right-of-way. 2. Minimum of fifty(50)feet,if frontage is on a collector/local collector roadway. 33. Maximum height on any street frontage is forty-five(45)feet. Maximum height on Intracoastal Waterway is thirty-five(35)feet. Heights may require reduction where adjacent to a single-family zoning district where necessary to achieve the compatibility requirements of these regulations. 64. Maximum height reduced to one hundred twenty-five(125)feet for the entire project where property abuts any other MU-b or residential zoning district not separated by a right-of-way. 75. Plus one(I)additional foot for each foot of height over thirty-five(35)feet. 86. Where there is an intervening right-of-way of at least forty(40)feet. 4-07. _Buildings and structures shall be located no farther than zero(0)feet from the property line,except in conjunction with providing required visibility at intersections,driveways;open spaces and public plazas;or when additional setback is necessary to provide for required"Pedestrian Zone(PZ).Building placement is a factor of roadway type and CRA district,which determines the min.width and design of the PZ.Except for the Downtown District,where the minimum PZ width is 18',the minimum PZ in all other districts is 16 ft.See Section 5.C.2.below for additional relief provisions from build-to line requirements. 448. Listed eligible historic structures are not required to meet these standards. -1-39. Usable open space shall be required for all developments two(2)acres in size or larger which shall be devoted to plazas or other public open space,excluding private recreation. See Chapter 4,Article III,Section 8 for additional regulations. 4410. Projects within the transit core shall have minimum densities as follows:MU-L1-eleven(11),MU-1.2-twenty(20),MU-b3-thirty(30),MU-4-thirty-five (35)and MU-14C-forty(40)dwellings per acre(except that minimum density for the MU--I=IC district applies to projects located within the entire station area). 4-511. Projects within the transit core shall have a minimum FAR as follows:MU-b3-one and three-quarters(1.75),MU-4(2.0)and MU HC-two(2.0)(except that minimum FAR for the MU--14C district applies to projects to be located within the entire station area). -I612. The maximum density for projects within the Downtown Transit-Oriented Development District Overlay Ze ne(the Station Area)may be increased up to twenty-five percent(25%)over the maximum density allowed in the underlying zoning district through participation in the City's Workforce Housing Program. Code of Ordinances, Part III. LDR, Ch 3,Art. Ill.Zoning Districts &Overlays Sect.2 Residential Districts G. R-4 Multi family Residential District. 1. General. The purpose of the R-4 zoning district is to implement the High Density Residential (HDR) future land use map classification of the Comprehensive Plan. The intent of this conventional district is to • provide for higher residential densities that support infill development opportunities. At the allowed maximum density, intended development can provide a graduated transition to densities and intensities of mixed use redevelopment projects in a compact form. Although this district is not a planned zoning district, development attributes should similarly emphasize design that is sensitive to its context within the urban redevelopment area, including interconnectivity and pedestrian accommodations, sustainable and/or smart growth building and landscaping design, building placement and orientation of project to the local street network and on-street parking. 2. Use(s) Allowed. See "Use Matrix Table 3-28" in Chapter 3, Article IV, Section 3.D. 3. Building and Site Regulations (Table 3-10). a. Existing and/or future single-family dwellings shall conform to the building and site regulations of the R-1 district(see Table 3-8 in Section 2.D.3. above). b. Duplex dwellings shall conform to the building and site regulations of the R-2 district(see Table 3-9 in Section 2.E.3. above). c. Multiple-family and group homes shall conform to the lot and building requirements of that portion of Table 3-10 below pertaining to "residential uses". d. All uses, excluding single-family, duplex, multi-family, and group homes, shall conform to the lot and building requirements of that portion of Table 3-10 below pertaining to "non-residential uses". BUILDING/SITE REGULATIONS R-4 District (Residential Uses) Minimum lot area (per unit): 4,000 s.f. Minimum lot frontage: 100 feet Minimum yard setbacks: Front: 40 feet Rear: 40 feet Interior side: 20 feet Corner side: 40 feet Minimum living area: 650 s.f. Maximum lot coverage: 50% Maximum structure height: 45 feet (Non-Residential Uses) Minimum lot area: 20,000 s.f. Minimum lot frontage: 100 feet Minimum yard setbacks: Front: 40 feet Rear: 40 feet Interior side: 20 feet Corner side: 40 feet Minimum living area: N/A Maximum lot coverage: 40% Maximum Floor Area Ratio (FAR) N/A Maximum structure height: 45 feet 4. Accessory Structures. Walls, fences, pools, sheds, screen-roof enclosures, and other structures are regulated in accordance with Chapter 3, Article V, Supplemental Regulations. 5. Review and Approval Process. a. Single-family and duplex dwellings and accessory uses thereto shall be allowed upon application to and approval by the Building Official for structures that require a building permit pursuant to Chapter 2, Article IV, Section 2. b. Community and common areas, such as recreational areas. landscape buffers and tracts, and project signage may be subject to site plan review. In these instances, site plan approval shall be required prior to application for building permit. c. Multiple-family dwellings and non-residential uses shall require site plan approval in accordance with Chapter 2, Article II, Section 2.F. prior to application for building permit. 6. Parking. Required off-street parking is regulated in accordance with Chapter 4, Article V, Minimum Off-Street Parking Requirements. Code of Ordinances, Part III. LDR Chapter 3,Art. III. Sec.5. Mixed-Use (Urban) Districts. A. General. 1. Purpose and Intent. The mixed-use(urban)zoning districts are mostly intended to implement the CRA Community Redevelopment Plans, in part,by providing for a mixture of land uses,accommodating varying densities and intensities appropriate for each planning areaCRA district,and by establishing quality streetscapes and pedestrian environments as part of a compact urban setting. These mixed use districts also support transit ridership,an-d-in particular,through higher density and intensity-the development : . . • . -• .. .•• • . . . . . . .. -. , r ... - designated locatien-along Northeast 1th-Stree*-bbetw€en-13eey-nten44each I3oulev. . •: • within the designated Downtown Transit-Oriented Development District(DTODD). Additional standards and requirements of this section are based on the proximity to the planned train station,and location within the transit core,which is defined as the area extending one-quarter (1/4)mile from the train station(see map If to be determined). To ensure compliance with these Regulations,an application for site plan approval shall be required and reviewed concurrently with any request to rezone lands to a mixed-use(urban)district,except as provided in Section 2.D.1.e. Also see Chapter 4,Article III, Section 6.H.for design and compatibility standards,as well as the guidelines). The objectives of the mixed-use(urban)districts are as follows: a. Support and enhance revitalization efforts in the city's traditional commercial core area through the provision of compact, transit-supportive,high density and intensity development; b. Allow for commercial services to be provided to new residential developments in planned locations with appropriate densities,heights,and mixtures of uses; c. Create optimal pedestrian environments and spaces through well located public plazas,expanded public sidewalks, maximized internal and external interconnectivity and design of pedestrian-friendly vehicular circulation areas; d. Allow flexibility in architectural design and building bulk while maximizing compatibility and harmony with adjoining development; e. Create surrounding areas that complement rather than compete with the downtown;and f. Create higher quality environments for residents,businesses,employees,and visitors as determined by how well the urban centers function seamlessly with respect to interconnectivity between the principal uses,activity centers,and transportations systems,forming a cohesive and desirable sense of place. 2. Description of Districts. a. Mixed Use-Low Intensity 1 (MU-Ll). The MU-1.1 district implements the niMixed ttUse Low(MXL)future land use map (FLUM)classification of the Comprehensive Plan and has a maximum residential density of twenty(20)dwelling units per acre, except within the Downtown Transit-Oriented Development District(DTODD)Overlay Zon©(the Station Area),where the maximum density is may be twenty-five(25)dwelling units per acre through participation in the City's Workforce Housing Program.In addition,projects located within the transit core of the Station Area shall have a minimum density of eleven(11) dwelling units per acre.This minimum density requirement shall be applicable to any such project regardless of whether the site is partially or entirely located within the transit core. b. Mixed Use Low Intensity 2(MU-1=2). The MU-b2 district implements the m tMixed thUse Medium(MXM)future land use map(FLUM)classification of the Comprehensive Plan and has a maximum residential density of thirty(30)dwelling units per acre, except within the Downtown Transit-Oriented Development District(DTODD)Overlay Zone(the Station Area),where the maximum density is may be thirty-seven and one-half(37.5)dwelling units per acre through participation in the City's Workforce Housing Program.In addition,projects located within the transit core of the Station Area shall have a minimum density of twenty (20)dwelling units per acre.This minimum density requirement shall be applicable to any such project regardless of whether the site is partially or entirely located within the transit core. c. Mixed Use-Low Intensity 3 (MU-b3). The MU-13 district implements the htMixed ttUse Medium(MXM)future land use map(FLUM)classification of the Comprehensive Plan and has a maximum residential density of forty(40)dwelling units per acre, except within the Downtown Transit-Oriented Development District(DTODD)Overlay Zone(the Station Area),where the maximum density is may be fifty(50)dwelling units per acre through participation in the City's Workforce Housing Program.In addition,projects located within the transit core of the Station Area shall have a minimum density of thirty(30)dwelling units per acre.This minimum density requirement shall be applicable to any such project regardless of whether the site is partially or entirely located within the transit core. d. Mixed Use-4(MU-4). The MU-4 district implements the mMixed use sere High(MX-EH)future land use map(FLUM) classification of the Comprehensive Plan and has a maximum residential density of sixty(60)dwelling units per acre,except within the Downtown Transit-Oriented Development District(DTODD)Overlay Zone(the Station Area),where the maximum density is may be seventy five(75)dwelling units per acre through participation in the City's Workforce Housing Program.In addition, projects located within the transit core of the Station Area shall have a minimum density of thirty five(35)dwelling units per acre. This minimum density requirement shall be applicable to any such project regardless of whether the site is partially or entirely located within the transit core. The intent of this new district is to facilitate the establishment of high density and intensity development nodes at strategic locations that support downtown redevelopment,while in certain location also providing a proper continuum of,or transition in scale between the Mixed Use HighCore(MU-FIC)and Mixed Use-Low 3 (MU-h3)Districts. e. Mixed Use High IntensityCore(MU-FIC). The MU-FIC district implements the mMixed uUse score(MX-C)future land use map(FLUM)classification of the Comprehensive Plan and has a maximum residential density of eighty(80)dwelling units per acre,except within the Downtown Transit-Oriented Development District(DTODD)Overlay Zone(the Station Area),where the maximum density is may be one hundred(100)dwelling units per acre through participation in the Citv's Workforce Housing Program.In addition,projects located within the Station Area shall have a minimum density of thirty(30)dwelling units per acre. This minimum density requirement shall be applicable to any such project regardless of whether the site is partially or entirely located within the transit core. The intent of this district is to supplant the cCentral bBusiness 4District(CBD)in the historic downtown and marina district. 3. Location and General Use Requirements. a. General. The mixed use(urban)districts are intended for projects that promote sustainable design with respect to land use, energy conservation,resource management,and social equity. Rezoning to any of these districts is encouraged for proposed development or redevelopment on lands that are in close proximity to existing infrastructure,public and alternative transportation routes and modes,employment centers,community areas,or have sustained or are complicated by environmental contamination. The mixed use(urban)zoning districts shall be applied to selected geographic areas east of I-95,where a mixture of uses and I building intensities is intended to implement the city's Comprehensive Plan, CRA Community Redevelopment Plans,and urban design guidelines including goals involving compact design,transit-oriented development,employment,population,transportation, housing, public facilities,and environmental quality. Permitted uses and associated standards for development vary between the zoning districts each reflecting the importance of the district's location and relationship to the downtown. Maximum heights, densities,and intensities of development are regulated to achieve,in part,the intended vision as established within the Redevelopment Plan for each of the six planning districts,while ensuring land use compatibility. A master plan as a whole, comprised of individual buildings and parcels,would be reviewed for compliance with the requirements below pertaining to a residential component to the project,and commercial use on the first floor of a project. Projects not meeting the requirement for a residential component shall be reviewed for contribution to employment targets in accordance with FDOT standards for a community center TOD. b. All Mixed Use Low Intensity Districts. Mixed uUse- sity 1 (MU-L1),mMixed use low intensity 2(MU-h2),and mMixed+*Use 3 (MU-L3). (1) In order to complement the revitalization efforts in the downtown area,the MU-L zoning districts shall be applied to lands consistent with the Comprehensive Plan Future Land Use Map and respective CRA Community(Redevelopment pPlans. Such areas are generally described as Woolbright Road between I-95 and the FLC Railroad,Boynton Beach Boulevard between I-95 and Northwest 1st Street,Martin Luther King Jr.Boulevard,Southeast 4th Street south to Southeast 5th Avenue,and I Ocean Avenue between Southeast 4th Street and Southeast 1st Street. See the eeti-ve-rCommunity Redevelopment pPlan for specific recommendations on locations and boundaries. (2) These MU-h districts are appropriate for low-to mid-rise developments that provide for medium density residential and low to medium intensity commercial and office uses. (3) The review of these applications will emphasize compactness,aesthetics and design quality,and physical compatibility with adjacent land uses. (4) Except where limited by Table 3-21 in Chapter 3,Article III, Section 5.C.,all new developments within the MU-hl and MU-L2 districts that contain a non-residential use shall front on streets designated as "arterial",or"collector",roadways on the Functional Classification of Roadways Map. All projects within the MU-L3 district and proposed within the transit core must contain a residential component,and all projects proposed within these mMixed uUse low intensity districts that front on an arterial road must have space on the first floor devoted to commercial use. (5) Maximum height may be further limited in certain geographic areas to further applicable redevelopment plans and maintain compatibility with an abutting single-family district. c. Mixed Use-4(MU-4). (1) The mMixed+*Use-high intensity4(MU-4)district shall only be applied to lands classified as mixed use-core(MX-C) on the future land use map as recommended by the Community Redevelopment Plan. (2) The MU-4 district is appropriate for high density/intensity development intended for designated nodes such as properties at the intersection of US-1 and Woolbright Road,and the downtown area,which is generally located east of the FEC Railroad, including the marina district,and which extends out from the planned train station by approximately three(3)to four(4) blocks. Such developments shall include a mix of uses designed in a compact vertical style. Developments proposed within the Downtown Transit-Oriented Development District Overlay Zone(the Station Area)must contain a residential component and have space on the first floor which shall be devoted to commercial uses for those portions of the project having frontage along Ocean Avenue or an arterial road. (3) All new developments within this district shall front on streets designated as "arterial"roadways on the Functional Classification of Roadways Map. d. Rezoning of Single-family Districts. All requests to rezone any single-family residential district to a mixed use zoning 'district shall be subject to the following additional requirements: (1) Height,density and intensity of development shall be consistent with the redevelopment plan for the redevelopment district; (2) Ratio of lot frontage to depth that is no more than one(1)foot(frontage)to one and one-quarter(1.25)foot(depth); (3) Vehicular access to the property located to minimize impacts on adjacent single-family developments and meet safety standards;and (4) Landscape barriers provided,in accordance with the landscape regulations of this Code,where the rezoned property abuts single-family residential zoning ed. Mixed Use-High IntensityCore(MU-I4C). (1) The iliMixed t+Use high intensityC(MU-14C)district shall only be applied to lands classified as mixed use core high (MX-EH)on the future land use map. (2) The MU-I4C district is appropriate for high density/intensity development intended for the downtown area,which is generally located east of the FEC Railroad,including the marina district,and which extends out from the planned train station by approximately three(3)to four(4)blocks. Such developments shall include a mix of uses designed in a compact vertical style. Developments proposed within the Downtown Transit-Oriented Development District Overlay Zone(the Station Area)must contain a residential component and have space on the first floor which shall be devoted to commercial uses for those portions of the project having frontage along Ocean Avenue or an arterial road. (3) All new developments within this district shall front on streets designated as "arterial"roadways on the Functional Classification of Roadways Map. - de. Rezoning of Single-family Districts. All requests to rezone any single-family residential district to a mixed usezoning district shall be subject to the following additional requirements: (1) Height,density and intensity of development based on the oadway frontage the standards indicated in Table 3-21; (2) Ratio of lot frontage to depth that is no more than one(1)foot(frontage)to one and one-quarter(1.25)foot(depth); (3) Vehicular access to the property located to minimize impacts on adjacent single-family developments and meet safety standards;and (4) Landscape barriers provided, in accordance with the landscape regulations of this Code,where the rezoned property abuts single-family residential zoning. B. Use(s)Allowed. See"Use Matrix,Table 3-28" in Chapter 3,Article IV, Section 3.D. C. Building and Site Regulations. Sect.5.C.1.Building and Site Regulations(Table 3-21). MIXED USE,URBAN MU-LI MU-b2 MU-L3 MU-4 MU-HC Lot Area,Minimum(acres): Public park N/A N/A N/A N/A N/A All other uses 0.50 0.75 1 1 1 ' Lot Frontage,Minimum(ft.)' 100 100 1502 200 200 Structure Ht.,Minimum(ft.) 30 30 30 45 45 Maximum Height(ft.)37 45 65 75 100 150/12544 io z Maximum Density(DUs/Acre)444vi20 3010 4850 60 80' Maximum F.A.R.44 1.0 2.0 3.0 4.0 4.0 Build-to-line(ft.)"e: All sides abutting a collector or arterial road Factor of Pedestrian Zone Requirement Abutting a Local street 0401 0407 0407 0401 04e2 Interior side 0i07- 0i81 0407 0401 0+07- Building Setbacks,Minimum(ft.)"e: Rear abutting: • Residential single-family 2575/071" 2575 25$5 25'5 2545 Intracoastal waterway 25'5 25'5 255 25'5 25;5 Side abutting Residential single-family 2571/041 25'5 25;5 • 25'-5 25" Usable Open Space,Minimum(sq.ft.)4;5 N/A N/A N/A 1% 2% 1. May be reduced if frontage extends from right-of-way to right-of-way. 2. Minimum of fifty(50)feet,if frontage is on a collector/local collector roadway. 53. Maximum height on any street frontage is forty-five(45)feet. Maximum height on Intracoastal Waterway is thirty-five(35)feet. Heights may require reduction where adjacent to a single-family zoning district where necessary to achieve the compatibility requirements of these regulations. 64. Maximum height reduced to one hundred twenty-five(125)feet for the entire project where property abuts any other MU-b or residential zoning district not separated by a right-of-way. g5. Plus one(1)additional foot for each foot of height over thirty-five(35)feet. 86. Where there is an intervening right-of-way of at least forty(40)feet. 1-87. Buildings and structures shall be located no farther than zero(0)feet from the property line,except in conjunction with providing required visibility at intersections,driveways;open spaces and public plazas;or when additional setback is necessary to provide for required"Pedestrian Zone(PZ).Building placement is a factor of roadway type and CRA district,which determines the min.width and design of the PZ.Except for the Downtown District,where the minimum PZ width is 18',the minimum PZ in all other districts is 16 ft.See Section 5.C.2.below for additional relief provisions from build-to line requirements. -1-I8. Listed eligible historic structures are not required to meet these standards. 439. Usable open space shall be required for all developments two(2)acres in size or larger which shall be devoted to plazas or other public open space,excluding private recreation. See Chapter 4,Article III,Section 8 for additional regulations. -1-410. Projects within the transit core shall have minimum densities as follows:MU-LI-eleven(11),MU-b2-twenty(20),MU-b3-thirty(30),MU-4-thirty-five (35)and MU-FIC-forty(40)dwellings per acre(except that minimum density for the MU--HG district applies to projects located within the entire station area). 4-511. Projects within the transit core shall have a minimum FAR as follows:MU-b3-one and three-quarters(1.75),MU-4(2.0)and MU—FIC-two(2.0)(except that minimum FAR for the MU-44C district applies to projects to be located within the entire station area). -1612. The maximum density for projects within the Downtown Transit-Oriented Development District Overlay-Zone(the Station Area)may be increased up to twenty-five percent(25%)over the maximum density allowed in the underlying zoning district through participation in the City's Workforce Housing Program. Code of Ordinances, Part Ill. LDR Ch. 3,Art. III. Sect. 8.Overlay Zones B. Martin Luther King Jr. Boulevard Overlay Zone. 1. Intent. This overlay zone has been established to implement recommendations from the Vision 20/20 Redevelopment Plan, which identified a segment of the Martin Luther King Jr. Boulevard as an opportunity for redevelopment and revitalization. The ultimate design and site standards of this section are intended to create a traditional street corridor with pedestrian improvements, storefronts along the sidewalk, and a mixture of uses. The corridor is to contain an ambience supported by pleasant signage and building appearance, potted landscaping, store windows and public open spaces. This overlay zone is also appropriate for development of small properties to allow for consistency with the vision represented by the respective mixed use zoning district, and/or as an interim redevelopment mechanism until greater redevelopment occurs using the respective mixed use zoning district. All development within the Martin Luther King Jr. Boulevard corridor shall occur according to the provisions of the adopted plan as stated below. 2. Defined. The Martin Luther King Jr. Boulevard Overlay Zone (MLKBOZ) is hereby established as the area defined by the parcels fronting on that portion of the Boulevard located east of Seacrest Boulevard and west of Federal Highway right-of-way, along with those parcels adjacent to the north and south of these parcels that front on the Boulevard if assembled and development as a unified project. 3. Use(s) Allowed. (See "Use Matrix" - Chapter 3, Article IV, Section 3.D.). 4. Building and Site Regulations. Development within this Overlay Zone shall be in accordance with building and site regulations applicable to the underlying zoning district except as follows: a. Parcels that have frontage along Martin Luther King Jr. Boulevard shall have the same front setback in accordance with the mMixed uUse-low intensity 1 zoning district (see Section 5.C. above). b. Minimum interior and corner side setbacks shall be in accordance with the mMixed uUse-iew 1 zoning district(see Section 5.C. above). Code of Ordinances, Part III. LDR Ch. 3,Art.V. Supplemental Regulations, Sec. 10. Mobile Vendor Regulations. A. Purpose and Intent. The purpose of this section is to provide for the regulation of mobile vending activities, including assembly on public and private property, in certain commercial and mixed use zoning districts of the city, in order to promote the public interest by contributing to an active and attractive pedestrian environment. In recognition thereof, reasonable regulation of mobile vending is necessary to protect the public health, safety, and welfare and the interests of the city in the primary use of public streets, sidewalks, and parking areas, for use by vehicular and pedestrian traffic. B. Definitions. See Chapter 1, Article II for specific definitions applicable to mobile vending units(MVU). C. Approval Required. It shall be unlawful for any establishment or organization to engage in or carry on the business of vending food, goods, or services, upon public or private property in the city without first having secured a permit or permits as required by this section. See Chapter 2, Article II, Section 7.C. for the process and procedure to obtain approval for an MVU. It is not the intent of these Regulations to be applied to mobile vendors temporarily approved in conjunction with a special sales event or Special Event Permit. See Section 6 above for additional regulations regarding special sales events. D. Districts. The operating area of an MVU shall be entirely located in the following zoning districts: C- 1, C-2, C-3, C-4, CBD, PCD, SMU, MU-E1, MU--E2, MU-L3, MU-4, MU-HC, M-1, PU, REC, PUD, and PID. e. Zoning Districts and Affiliated Process (Table 3-29). Concealed Non- Concealed Non- Mitigation of Antenna Zoning concealed concealed District Attached Attached Freestanding Freestanding Existing WCF Element Co-location 8 WCF 1 WCF 2 WCF 4 WCF 4 7 Replacement R-1 CC 3 AD AD AD R-2 AD CC3 AD AD AD R=3 AD AD CC 3 _ AD AD AD R-4 AD AD CC3 AD AD AD PUD AD AD CC3 AD AD AD IPUD AD AD CC3 AD AD AD MHPD CC3 AD AD AD C-1 AD CC AD AD AD C-2 AD CC AD AD AD C-3 AD AD CC AD AD AD C-4 AD AD CC AD AD AD CBD AD AD CC AD AD AD PCD AD AD CC AD AD AD REC AD AD CC CC 5,6 AD AD AD PU AD AD 1 CC CC 5,6 AD AD AD SMU AD AD CC AD AD AD MU-L-1 AD AD CC AD AD AD MU-b-2 AD AD CC AD AD AD MU-L-3 AD AD CC AD AD AD MU-4 AD' AD CC AD AD AD MU-IIC AD AD CC AD - AD AD PID AD AD CC CC AD AD AD M-1 AD AD CC CC AD AD AD Legend: AD-Administrative(Staff)Approval CC-City Commission(Public Hearing)Approval Blank-Not Allowed Footnotes: 1 Concealed attached WCF shall only be allowed on building features that are a minimum of forty(40) feet in height,not to exceed fifteen(15)feet above the roofline. 2 Non-concealed attached WCF are allowed on utility poles and freestanding lights within a public right-of-way,subject to agreement with the agency representative with jurisdiction over the right-of-way and/or the utility company. 3 Concealed freestanding WCF in residential districts shall only be allowed on lots of one(1)acre or more that have a non- residential use(school,church). 4 A minimum separation of seven hundred fifty(750)feet is required between freestanding WCF. Requires conditional use approval. In industrial districts,except where prohibited in a mixed use pod with a residential component within a PID,the maximum height shall be limited to one hundred(100)feet if located less than one thousand(1,000)feet from a residential use,and one hundred fifty(150)feet if located in excess of one thousand(1,000)feet from a residential use. 5 Only when located on city-owned property of two(2)acres or more. 6 Restricted to a maximum height of one hundred(100)feet. A setback of three(3)times the height of WCF structure required from the property line of an adjacent residential use. 7 Replacement WCF with increased height requires public hearing approval. 8 Administrative approval unless on city-owned site and the lease requires each tenant to have a separate lease with city(each lease requires City Commission approval as a lease amendment),or the lease requires written consent letter(City Commission consent agenda). Zoning Districts: R-1 Single-Family Residential C-2 Neighborhood Commercial SMU Suburban Mixed Use R-2 Duplex Residential C-3 Community Commercial MU-L-1 Mixed Use Low Intensity 1 R-3 Multi-Family Residential C-4 General Commercial MU-1`-2 Mixed Use '' ow-Intehs-ity2 R-4 Multi-Family Residential CBD Central Business District MU-L-3 Mixed Use Low-l-ntensityy 3 PUD Planned Unit Development PCD Planned Commercial MU-4 Mixed Use 4 Development IPUD Infill Planned Unit Development REC Recreation MU-#C Mixed Use High Core MHPD Mobile Home Planned PU Public Usage PID Planned Industrial Development Development C-1 Office Professional M-1 Light Industrial f. Maximum Heights of WCF (Table 3-30). Non- Non- Mitigation Zoning Concealed concealed Concealed concealed of Antenna Co- District Attached Attached Freestanding Freestanding Existing Element location WCF WCF WCF WCF WCF Replacement R-1 55' 3,4 7 7 7 R-2 2 55' 3,4 7 7 7 . R-3 1 2 55' 3,4 7 7 7 R-4 1 2 55' 3,4 7 7 7 PUD 1 2 75' 3,4 7 7 7 IPUD 1 2 75' 3,4 7 7 7 MHPD 55' 3,4 7 7 7 C-1 2 55' 4 7 7 7 C-2 2 55' 4 7 7 7 C-3 1 2 75' 4 7 7 7 C-4 1 2 75' 4 7 7 7 CBD 1 2 130'4 7 7 7 PCD 1 2 75' 4 7 7 7 REC 1 2 100' 4 100' 4,5,6 7 7 7 PU 1 2 100' 4 100' 4,5,6 7 7 7 SMU 1 2 70' or less 4 7 7 7 MU-L-1 1 2 70' or less 4 7 7 7 MU-h-2 1 2 70'or less 4 7 7 7 MU-L-3 1 2 70'or less 4 7 7 7 MU-4 1 2 70'or less 4 7 7 7 MU-HC 1 2 70' or less 4 7 7 7 PID 1 2 100-150' 4 100-150' 4 7 7 7 M-1 1 2 100-150'4 100-150' 4 7 7 7 Footnotes: 1 Concealed attached WCF shall only be allowed on buildings that are a minimum of 40 feet in height,not to exceed 15 feet above the roofline. 2 Non-concealed attached WCF are allowed only on utility poles and freestanding lights that are more than 40 feet in height,and located within a public right-of-way(subject to agreement with the agency representative with jurisdiction over the right-of-way and/or the utility company) or on existing ball park light poles that are more than 50 feet in height. The total length of any antenna shall not exceed 15 percent of the height of the existing utility or light pole. 3 Freestanding WCF in residential districts shall only be allowed on lots of one(1)acre or more that have a nonresidential use(school,church, etc.). Maximum height is limited to 25 feet above the maximum building height of the zoning district. 4 A minimum separation of 750 feet is required between freestanding WCF. In industrial districts,except where prohibited in a mixed-use pod with a residential component within a PID,the maximum height shall be limited to 100 feet if located less than 1,000 feet from a residential use, and 150 feet if located in excess of 1,000 feet from a residential use. In all mixed-use districts height is limited to approved building height or 70 feet whichever is less. 5 Only when located on City-owned property of two(2)acres or more. 6 Restricted to a maximum height of 60 100 feet. A setback of three(3)times the height of WCF structure required from the property line of an adjacent residential use. 7 Shall comply with maximum height per table based on WCF type and zoning district. Any additional height requires public hearing approval. g. Setbacks and Separation Between WCF (Table 3-31). Concealed Non- Concealed Non- Mitigation of Antenna Zoning concealed concealed Attached Freestanding Existing Element Co-location District WCF Attached WCF Freestanding WCF Replacement WCF WCF R-1 3,4 6 7 R-2 2 3,4 6 7 R-3 1 2 3,4 6 7 R-4 1 2 3,4 6 7 PUD 1 2 3,4 6 7 IPUD 1 2 3,4 6 7 MHPD 3,4 6 7 C-1 2 3,4 6 7 C-2 2 3,4 6 7 C-3 1 2 3,4 6 7 C-4 1 2 3,4 6 7 CBD 1 2 3,4 6 7 PCD 1 2 3,4 6 7 REC 1 2 3,4 4,5 6 7 PU 1 2 3,4 4,5 6 7 SMU 1 2 3,4 6 7 MU-L-1 1 2 3,4 6 7 MU-E-2 1 2 3,4 6 7 MU-L-3 1 2 3,4 6 7 MU-4 1 2 3,4 6 7 MU-ITEC 1 2 3,4 6 7 PID 1 2 3,4 4,5 6 7 M-1 1 2 3,4 4,5 6 7 Footnotes: 1 Concealed attached WCF shall only be allowed on buildings that are a minimum of forty(40)feet in height,not to exceed fifteen (15)feet above the roofline. 2 Non-concealed attached WCF are allowed only on utility poles and freestanding lights that are more than forty(40)feet in height, and located within a public right-of-way(subject to agreement with the agency representative with jurisdiction over the right-of-way and/or the utility company)or on existing ball park light poles that are more than fifty(50)feet in height. The total length of any antenna shall not exceed fifteen percent(15%)of the height of the existing utility or light pole. 3 Freestanding WCF in residential districts shall only be allowed on lots of one(1)acre or more that have a non-residential use (school,church,etc.). Maximum height is limited to twenty-five(25)feet above the maximum building height of the zoning district. 4 A minimum separation of seven hundred fifty(750)feet is required between freestanding WCF. In industrial districts,except where prohibited in a mixed use pod with a residential component within a PID,the maximum height shall be limited to one hundred (100)feet if located less than one thousand(1,000)feet from a residential use,and one hundred fifty(150)feet if located in excess of one thousand(1,000)feet from a residential use. In all mixed use districts height is limited to approved building height or seventy (70)feet whichever is less. 5 Only when located on city-owned property of two(2)acres or more. 6 Restricted to a maximum height of one hundred(100)feet. A setback of three(3)times the height of WCF structure required from the property line of an adjacent residential use. 7 Shall comply with maximum height per table based on WCF type and zoning district. Any additional height requires public hearing approval. Code of Ordinances, Part Ill. LDR Ch.4,Art. III. Exterior Building and Site Design Standards Sect. 5. Design Standards for Specific Uses in the Use Matrix The following uses, which correspond with the Notes and Restrictions of Chapter 3, Article IV, Section 3.D, contain special standards related to exterior building and site design: A. Group Home Type land Type 2. For new construction,the facility shall have building elevations that are residential in character and similar in appearance to the surrounding neighborhood. They shall not be institutional in appearance. B. Auto Dealer, New. Within the MU-L3 and MU-14C districts,the following shall apply: Overhead doors shall not be visible from any major roadway frontage. C. Auto Dealer, Used. Within the MU-L3 and MU-HC districts, the following shall apply: Overhead doors shall not be visible from any major roadway frontage. D. Gasoline Stations. All Gasoline Stations located on designated out-parcels to shopping centers, business centers, or other planned commercial developments shall conform in design to the approved design plan of the principal center. E. Automobile Rental. Within the MU-L3 and MU-HC districts,the following shall apply: Overhead doors shall not be visible from any major roadway frontage. See Section 3.G above for additional regulations regarding overhead doors. H. Storage, Self-Service. For all Self-Service Storage facilities adjacent to or visible from any arterial right- of-way roadway,the following shall apply: 1. The exterior colors, facades, windows, roof, and building materials shall be compatible with the character of, or vision for the surrounding. Self-service Storage facilities shall incorporate design elements to achieve the effect of office structures. 2. All facades visible from arterial roadways shall provide variety and interest in the facade(s). These facades shall not exceed 50 feet in length without visual relief by means of a vertical reveal at least one (1) foot in depth and 10 feet in width, a perceptible change in wall angle, or a corner. Other design attributes shall include, roof slope and materials, windows, awnings, fencing and other aesthetic elements. 3. Within the SMU,MU-E1, MU-L2, and MU-b3 districts,the following shall apply: Buildings shall be designed to have the appearance of a multi-story retail, office, and/or residential structure through the use of similar windows, shutters, and appropriate building elements on the upper floors. Sec. 6. Design Standards for Development in Urban Areas. A. General. 1. Purpose and Intent. The location of buildings/structures and off-street parking areas proposed for a development can directly impact the aesthetic fabric and quality of life for surrounding properties and the community as a whole. It is the purpose of this section to provide design standards that are tailored to distinct geographic areas of the City to ensure that the location and appearance of buildings/structures and off-street parking areas are appropriate with the type, intensity, scale, and location of redevelopment and new development. The intent of this section is to promote standards that are functional,practical, equitable, and creative. 2. Applicability. Unless otherwise specified,these standards'shall apply to new projects and major modifications to existing developments located in the following: a. All properties currently zoned: (1) Central Business District(CBD); or (2) Any "Mixed-Use (Urban)" district. For the purpose of this section, Mixed-Use (Urban) districts shall include the Mixed Use-Low Intensity 1 (MU-L1), Mixed Use-Low Intensity 2 (MU-L2), Mixed Use- Low Intensity 3 (MU-L3), Mixed Use-4 (MU-4), and Mixed Use High IntensityCore (MU-14C) district. b. Any commercially zoned property located: (1) Along Boynton Beach Boulevard, east of Interstate 95 and west of the Florida East Coast(FEC) Railroad right-of-way; (2) Within the Urban Commercial District Overlay Zone (UCDOZ); and (3) Within the Martin Luther King Junior Boulevard Overlay Zone (MLKBOZ). G. Sidewalks. The following regulations shall apply to sidewalks: 1. "Urban Mixed Use" Districts. The following regulations shall apply to sidewalks in all Urban Mixed Use zoning districts as described in Section 6.A.2.a.(2) above: a. Materials. Sidewalks shall, where practical, be Holland-Stone pavers, red/charcoal color mix 2 by Paver Systems, Inc., or equal, laid in a 4 S herringbone pattern to continue the consistent with the current design elements in place along Federal Highway. b. Design. Pedestrian circulation should be carefully planned to prevent pedestrian use of vehicular ways and parking spaces. In all cases, pedestrian access shall be provided to public walkways. 2. Mixed Use-High IntensityCore (MU-14C) District. Sidewalks constructed along arterial roadways shall be a minimum of ten (10) feet wide, measured from the back of the curb. 3. Mixed Use Developments. Sidewalk accents via pavers or stamped colored concrete shall be utilized in all central pedestrian ways of mixed-use development areas. Sec. 8. Open Space and Plaza Requirements. A. General. • 1. Purpose and Intent. Open air and semi-enclosed public gathering spaces can act as central organizing elements in a large development. They can also contribute to the relationship between different land uses and provide focal points and anchors for pedestrian activity. 2. Conflict. Whenever the regulations and requirements of this code are at conflict with any other lawfully enacted and adopted rules, regulations, ordinances, or laws, the most restrictive shall apply. Additionally, specific design provisions within the zoning district regulations of this subsection shall take precedence over the General Design Standards of Section 7.B. below. 3. Applicability (by Zoning District). a. Mixed Use-4 (MU-4) and Mixed Use-High IntensityCore (MU-14C) Districts. Pursuant to Chapter 3, Article III, Section 5.C.1, usable open space shall be required for all developments two (2) acres in size or larger. A minimum of two percent(2%)of the site Such space shall be devoted to usable open space, consisting of plazas or public open space, excluding private recreation areas. • Code of Ordinances, Part III. LDR Ch.4,Art.V. Min. Off-Street Parking Requirements Sect. 2. Standards B. Table 4-17. Residential and Lodging Uses. Residential and Lodging Uses Standard Number of Required Parking Spaces Building area size is based upon gross floor area(in square feet) unless specifically expressed otherwise. Single-family, duplex dwelling, or mobile home: x1'2 Efficiency or one (1)-bedroom apartment: 1.51,2,3 Within mMixed uUse highCore district: 1.333 Two (2) or more bedroom apartment: 21,2,3 Within mMixed uUse lrCore: 1.662,3 Dormitories: 1 per unit Hotel & motel suite: 1.25 per unit6 Within mMixed uUse lrCore: 1 per unit Group home (types 1, and 2): 21,2 Group home (type 3) 1 per 3 beds Bed & breakfast: 12,4 Live/work unit: 1 per 2 units5 1. A minimum of two (2) spaces are required per unit, or 1 space per bedroom, whichever is greatest. Except that dwellings with 5 or more bedrooms are required 1.5 spaces per bedroom. This requirement shall apply to new construction, reconstruction,expansion of existing homes that increase the number of bedrooms, or when the home is the subject of an application for a business tax receipt or certification of use. 2. Residential driveways can be used to satisfy, or partially satisfy the parking space requirements for single-family detached dwelling units, duplexes, and multi-family dwelling units containing garages, provided such driveways are of sufficient size to meet the parking space requirements of this subsection. A residential driveway of sufficient size shall be provided prior to the issuance of a certificate of occupancy. If garages are used towards meeting minimum parking requirements, said garages shall remain open and available for vehicle parking consistent with the design represented at time of approval. For all required parking spaces not located within an enclosed garage,the first parking space shall be the minimum size required for a handicap space, exclusive of public or private rights-of-way, and all other required spaces must be dimensioned in accordance with current city standards. All driveways shall be setback at least two (2) feet from interior side and corner side property lines, and maintained and drainedso as to prevent nuisance conditions or a danger to the public and/or adjacent property owners. Any expansion to an existing driveway shall require a zoning permit from the Planning and Zoning Division in accordance with the procedures specified in Chapter 2,Article II, Section S.B.; however, any driveway expansion (or similar impervious surface)that is equal to or greater than eight hundred (800) square feet shall require the approval of a land development permit in accordance with Chapter 2, Article III, Section 3. Any work, such as a driveway,proposed within the swale (right-of-way) shall require a permit from the Engineering Division in accordance with the procedures specified in Chapter 2, Article III, Section 4. • 3. Guest parking shall be provided at a rate of 0.15 spaces per unit for residential developments consisting of three (3) or more dwelling units. 4 Required parking shall be calculated on the basis of one (1) space per each employee, manager, or owner and one (1) parking space for each guest unit. Newly created parking may be located only in the rear and side yard. 5 In addition to the required parking for the residential unit, the city requires that one (1)parking space per two (2) live/work units be provided to meet business activity needs. Parking provided to meet this requirement shall be located on the lot, built into or under the structure, or within three hundred (300) feet of the unit in which the use is located. The distance shall be a straight line measurement from a point on the boundary line of the property of the subject unit to the closest boundary line of the property on which the parking is located. Parking provided to accommodate said space, including driveways of adequate depth in front of the unit's garage, shall not serve as meeting required parking for the unit's residential use. 6 Hotel/motel uses open to the general public, such as a restaurant or lounge, shall provide parking at a rate of fifty percent(50%) of the requirement of a standalone operation. Code of Ordinances,Part Ill.LDR Ch.3,Art.IV.Sect.3.D Zoning Matrix Use Matrix(Table 3-28). Residential Commercial Mixed-Use Industrial Mi.. P=Penniuul C=Conditional R 1 R I a'lID MU- MU- MU- MU- M-I A=Accessory AAB AA R-1-A R-I R-2. R-3 li-_1 ,I PUD MHP C-I C-2 C-7 C-4 CBD PCD SMU 61 F2 L3 MU-4 H PID PU REC RESIDENTIAL&LODGING P P P 20 0 36 JG Accessory Duelling Unit P 36 P 36 P 36 P 36 36 36 Bed&Breakfast C 37 C 37 C 37 C 37 37 C 37 C 37 P Dwelling,Single-Imnily. i' P I8 P34 P34 P74 P34 19 F P34 P34 P 34 A20 A20 (detached) 34 19 39 34 74 34 Dwelling.Two-family P 3 3PI9 P P 34 P 34 P 18 P 34 C 74 374 P 34 P 34 P 34 P 34 C A 20 A 20 (duplex) 74 1934 38 34 34 34 Duelling.Multi-Inmily P 19 I' P 34 P 34 P 18 P34 C 34 3P34 P 34 P 34 P34 P 34 6 6 Pa 7 420 3420 34 1934 39 39 34 34 Dwelling Units in Mixed P 18 P 18 P P F P34 P34 P34 P P34 G b P27 A20 A20 Use Buildings 19 34 19 34 34 34 34 34 34 34 Group Home Type I(2 per room up to 10 residents, P40 P40 40 P40 P40 P40 limited service) Group Home Type 2(2 per I' C C C room up to 14 residents, 14 40 i 40 limited service) 40 GrouPp I Imne T i C - C C C C P TT 14 14 40 C40 C 4 P40 P4o (con,prchrnsive s-rvice) 40 40 40 40 40 40 Hotel&Motel P41 P41 P41 P41 C41 C41 41 C41 P41 4I P41 Live-Work Unita P42 P42 42 42 42 42 P27 • P Manuyactund Hone 34 Townhouse Pl9 C P34 P34 PIR P34 C34 P34 P34 P34 P3 P34 P34 P P27 A20 A20 34 1974 34 34 34 34 34 COMMERCIAL Retail Sales Art.Book.Craft,Hobby, P 28 Music,Sporting Goods.& P 18 P I PP P 43 P P710 P 17 17 P 17 P 17 P 43 A 20 A 20 Toys 7 P P14 14 P44 Auto Dealer,New 1644 16 44 P P14 14 P44 Auto Dealer,Used 16 44 16 44 . p Automotive Ports Store P P p P P 17 P 17 7 P 17 17 P 23 P 27 Bar,Wine,&Liquor P35 P35 P35 P17 P17 P P17 P17 17 P15 Store 35 35 1735 75 35 35 2735 A C 45 A 16 I6 Bart Dealer/Rental45 45 Cleaning Supply Store (Swimming Pool. P I P P P P P 17 P 17 17 P 17 17 P 22 P 28 Janitorial) Clothing 51 Accessories P 18 P I P I' P P 371 0 P 17 17 P 17 P 17 17 30 8 P P P ' P P P P17 P17 P P17 17 P22 P15 Convenience Store StnP 2 1 835 335 335 335 735 1'35 35 35 1735 35 II 35 35 2735 Cosmetics,Beauty supply, P 18 P 1 P P P P P 10 P P P P P P 28 • &Perfume 17 30 Electronics&Appliance P I P PP P P 10 P 14 P P 14 P P P 22 P 28 Store 14 17 30 P Florist P18 I P P PP P P17 P17 P 7 P17 P17 P7 P22 P27 8 1 Fumitrrc&Home P18 P P P P P P10 P17 P P17 P 1 P P22 P228 famishing 1 17 17 17 30 C Gasoline Station C46 C46 C46 C46 46 16 16 46 P Grocery Store P P P 17 0 47 10 C 7 17 47 47 7 P 17 17 P 27 47 P Hnrdrwrc Store P 2 P P P 48 P P 17 4P I7 P P4817 P4817 17 P 22 P 27 48 1746 48 48 48 48 Health&Personal Care PIS (Eyeglass,Medical 68 P P P P P P P 17 P 17 17 P 17 P 17 P7 P 22 P 27 Supplies,Hearing-Aids) Home Improvement P p P 10 P 16 Center • 16 27 49 Jewelry,Luggage,&c P 18 P P P PP P 17 P 17 P P 17 P 17 P P 28 Leather Goods • • 17 17 P Marine Accessories P P P P P P 17 P 17 P PHI, P 17 17 P 22 P 28 1 50 50 I7 50 50 50 50 ' Merchandise,New P 10 P 16 (Supercenter,Discount, P P 16 27 51 Department,Club) P Merchandise,Used PIS PI 52 P 52 P52 P52 P25 P17 P17 P17 P17 P17 17 P 27 (Antique Shop) 52 52 52 52 52 52 52 52 Merchandise,Used P 53 P 53 P 57 P 15 (Other) 27 53 Mobile Vending Unit P 54 P 54 P 54 P 54 P 54 P 54 P 54 P 54 P 54 P 54 54 P 54 (M V U) Multiple-Vendor MarkelP 55 P 55 P 55 P 15 27 55 Novelly,Gift.Souvenir.& P Miscellaneous P I8 1 P P P P P 17 P 17 17 P 17 I 17 P 27 A 20 2120 II p Nursery,Garden CO.& P P P P Farm Supply 2 3 56 3 56 3 56 3 56• 56 2 Office Supplies& P P P P P P 17 P 17 Pi 1'17 P 17 P P 28 Stationery 1 7 17 PA Slone&Supplies P 18 P P P P 1'17 P17 17 P17 P17 17 P 28 P P PI7 P17 P 1'17 P 1 PP15 Pharmacy&Drug Store 157 2 57 P 57 P 57 P 57 P 57 57 57 17 57 57 57 57 27 57 Restaurant Y 1 A A 58 P P 59 P 58 P 58 P 58 58 7 58 7 Pi7 58 5817 58 7 17 P 58 5P827 5820 /2k12;:18 58 2 58 58 r Restaurant,Take-out P 18 2 2 P P P P P17 P17 17 P17 P 17 17 P 59 P 28 A 20 2120 8 Showroom warehouse P 100 P 100 P 100 P 100 (single-product line) P Specialty Foal Store P 18 Z 1' P p P P p p P 2 P P 27 11 Tile and Carpet P P P 170 P17 17 P17 17 P22 28 COMMERCIAL Services Auto broker p P P P P P P P Auto/Car Wash (Polishing.Waring. A 60 C60 COO C 60 A 60 Detailing) . • Auto/Car Wash,Sell'- C C C serve Bay Automobile Rental A 61 P C 61 P 16 P • 3 61 61 16 61 Automotive,Minor Repair A 62 C 62 3 62 C 62 3 62 A 62 P313 Aulomotivc,Major Repair 63 Automotive Window Tinting/Stereo A 64 P64 P64 C 64 P64 P26 Installation/Alarms Bar&Nightclub C C C C C 16 1416 1614 CIG 16 C27 Caterer P P P P P P 22 C Check Cashing P65 P65 P65 P227 Coin-operated Laundry P P P P P 17 P 17 P 17 P 17 P 27 18 Day&Trade Labor fool C P 13 (Temporary Help) Sty Glenner 2 266 P66 P66 P66 P66 P66 P66 66 P66 PGG 6P6 G62 667 8 66 Fortune Teller,Palm P 22 Reader.or Psychic Funeral HomeC C P P P C 16 C6 C 16 3 67 3 3 3 Interior Decorator Studio P 18 P P P P P P 11 PII P 11 P I I Pl P 22 P Landscaping Debris C 103 Stockpiling Locksmith P 22 P 1 Mobile Vending Unit P 54 P 54 P 54 P 54 P 54 P 54 P 54 P 54 P 54 P P 54 P 54 P P54 P54 P54 P54 (MVU) S4 54 Personal Care(Beauty. PIS P P P 68 P fib P 66 P 66 P 17 P 17 P P 17 P 17 P7 P 22 P 27 Hnir, Nails) 68 868 I 68 68 68 1766 68 68 68 68 68 PO Care(Boarding and A69 C69 C69 C69 C69 C16 C16 C P C27 • Daycare) 69 69 1669 322 69 69 Pct Care(Grooming) P P PP P P 17 P 17 P 7 P 17 P 17 P17 P 22 P 27 Pei Care(Veterinary Srvices) P P P P P P P16 P 1 16 PIG P16 16 P22 P27 Photography Studio P 18P PIS P P P P P 17 P 17 e7 P 17 P17 e7 P22 P27 A20 A20 Postal/Mail Center A70 P P70 P70 P70 P70 PI6 716 P 116 116 e6 P22 P28 1 70 70 70 16 70 70 70 70 70 70 Repair/Maintenance. P pP Personal and household I 1 P P P P P P 17 P 17 17 P 17 17 P 22 P Goods 8 Repair,Rental,&Maint P 71 P P 71 P 12 of Home/Garden Tools Repair,Rental,&Main) P P P P P P10 P 17 Pi P 17 P P P tat-Office,Home Equip 17 7 17 Travel Agency 9 8 �� e 19 P P P P P 17 P 17 Pi P 17 P 17 e7 P 22 P 27 Tuxedo,Fomtal Wear, P P P P P P 17 P 17 P P 17 P 17 P P 27 Costume Rental 1 17 17 Videos,Games&DVD e P P P P P P14 e4 P14 P P P27 Rental OFFICE&HEALTH CARE Rank and Financial Office I' e P P P P P 16 P 16 e6 P 16 P 16 P16 P127 Business or Professional P 18 PP P 18 p p P P P 73 P 77 P P 73 P 73 P P 22 28 OBice 19 8 19 73 73 1 Call Center P P P f P P P P 13 C 29 P P P P 5 P 5 5 5 5 5 5 Copying,Printing,and P P P P P P P 17 P 17 P P 17 P 17 P P 22 P Sign Design 2 17 17 Counseling P e P P P• P P 16 P 16 Pi6 P 16 P 16 e6 P 22 1;127 Diet/Nutrition Center P P P P P P 17 P 17 P P 17 P 17 P P 22 I P 27 • I 17 17 31 Hospital P72 Intonation and Data P Processing P I P P P P P P29 Investigative Service P R P �� r P P p P 16 P16 P16 P16 PI6 16 P 22 1:,27 Manufacturer P Pp p p p p P P24 Representative 1 1 28 31 ' 14 P19 P 14 P 14 Medical Core or Testing . 1 (In-patient) 101 102 101 101 102 102 102 102 Medical or Petal Imaging/Testing/Support P P P p P P P 16 P 16 P P 16 PIG P P 22 P272341 Services 1 I6 16 2731 Medical or Dental Laboratory p P13 P29 Medical or Dental 011iceP p P P P P P16 PIG P PIG PIG 16 P22 P2731 (Out-patient) 1 16 1 Raul Estate Business PIS P Pi P P P P P 16 P 16 16 P 16 P16 P P27 19 19 IG 31 Social Service Agency C 74 C 74 P P Tnnpomry Employment 7 Agency P P P P P P P 16 P 16 16 P 16 P 16 16 7 i ARTS,ENTERTAINMENT&RECREATIONAL Adult Entertainment C 75 C 75 C 75 75 3 P 75 - Mist Studio P 18 P 18 P76 P76 P76 P76 P76 P76 76 P76 P76 76 P P A 20 A 20 Arts Campus P 18 P 18 P 18 Entcnainmcnl,Indoor P P P P P P I I P 11 P P 11 I'l l P P 22 P 27 A 21 177 14 1114 14 II 77 Entertainment,Outdoor C 78 C 78 - Gym.Fitness&Health P I8P P P p P 10 P 11 P P 11 p 11 P P 27 Club 19 11 14 11 14 14 II I Indoor Athletic P 18 P P I' P P P P 14 P P 14 P P P P • Instruction/raining 19 I I 14 I I P Marina.(including YachtPII(incPII Pt ii Club) P 79 P 79 79 79 79 79 79 Museum P18 P18 P P P18 Rentals,RecreationalP (hicycles,canoes,personal / P P P P PII �41 I 1 14 P14'801 P 11 PI A 21 aatercroll) 80 P Shooting Range.Indoor P P P 4 29 P Sightseeing&Scenic P8I P81 P81 P81 P81 P81 P1I Pit P11 PtI PII 11 • Tours 81 81 81 81 81 81 PIR PIB P82 P82 P82 P82 P11 PII 1114 P11 PII P1 P20 P18 Theater 82 82 82 14 82 82 14 82 82 82 82 82 PUBLIC&CIVIC USES A A A A A A A Cemetery 3 J 3 3 383 3 3 3 P 83 83 83 83 83 83 83 Church C 73 C 33 C C 37 C 84 C 84 P P P P P P P 84 84 33 84 84 15 15 15 15 Civic&Fmtcmal Club/ P P CIS C 14 C C 14 Organization 3 3 15 1415 15 Government.Municipal Office/Emergency/Civic P 89 P 85 85 P 83 P 85 P 85 85 85 P 85 P 85 P 85 P 85 P 85 P 85 P 85 P 85 89 P 85 P 85 85 P 85 P 25 P P Facilities Government,Municipal P Utility/Suppon Facilities Government,Non- P P P P P P P P P 24 Municipal Office P P I I 1 5 P 5 5 5 P 25 28 P I Facilities I I 5 5 5 86 86 86 86 86 86 86 3186 Government,Non- Municipal Utility/Support P Facilities Government.Post Otlice C C C C C C C P • • EDUCATIONAL College,Seminary, P P C C P 15 PS P 15 P Univcra% Da Care 733 C 33 C C 37 C 87 C R7 P C C C C C C 87 P I I P 11 P P 11 P P P 22 Y 87 87 3387 87 887 19 1114 14 11 11 School,Industrial&Trade C P 22 P 26 School,Primo'and C 33 C 33 C 33 C C P P 25 P &mondnry 37 School,Professional& p I8 P P I8 P P P P P 15 P 15 P P 15 P P 24 Technical IS 15 2731 Tutoring and Testing P P P P C P p l l P 11 PI P 11 CI C11 P 22 2P72341 Centers INDUSTRIAL Manufacturing,Fabrication&Processing C P P26 Bakery,Commercial 9 9 C P P26 Beverage Mfg 9 9 Converted Paper Product P 13 P 26 Processing • C P P26 Dairy Products Mfg 9 9 Electrical Equipment. P 13 P 26 Appliance&Component Assembly C P P26 Food Processing 9 9 Footwear&Other Leather P 23 P 26 Products C P P 26 Frozen Food 9 9 Furniture Products P 23 P 26 Glass Products P 23 P 26 • Ice Cream&Frozen C P 9 P 26 Dessert 9 • Jewelry Mfg P 23 P 26 Medical Equipment& P 23 P 26 Supplies Metal,Fabricated P 23 P 26 Products • Motor Vehicle Seating& P 23 P 26 Interior Trim Ornamental,China,Fine P 23 P 26 Earthenware,&Pottery Paint,Coating& P 23 P 26 Adhesive Pharmaceutical& P 23 P 26 Medicine Plastic Products P 23 P 26 Rubber Products P 23 P 26 Soap&Toiletry P 23 P 26 Sporting Goods and Toys P 23 P 26 P23 P26 Stone cutting&finishing - 88 88 Textile Products P 23 P 26 Wood Product - P 23 P 26 INDUSTRIAL Storage,Distribution&Wholesale Trade Packing&Shipping, P 13 P 29 Trucking,and Moving Storage,Boats/ A A P 13 Motor/Recreational A 89 89 A 89 gq 89 Vehicles • C C C C • Storage.Self-Service 5 11 5 I I 5 5 1 I P 90 90 90 1190 90 Warehouse,Internet Sales P P P 26 Warehousing C 12 P23 P26 Wholesale Trade C 12 P 23 i P 26 INDUSTRIAL Services P13 Boat Repan q1 Carpet and Upholstery P 92 P 22 P 26 Cleaning Services P23 C29 Contractor P 93 93 93 Dry Cleaning Plant P 13 P 26 Exterminating imd Post P3 13 P 26 Control Glass and Minor P P 23 P 26 Janitorial and General P •P 13 P 26 Cleaning Lawn Maintenance& P 94 P 13 Landscaping Service 94 Publishing&Commercial P23 P26 Printing Radio&TV Broadcasting P95 P95 P95 P95 P95 P95 P95 959 Recording Studio P P P P P P 29 Rental/Leasing,Industrial P 13 &Commercial Equipment 32 Rcpair/Maint enanee, P 13 Industrial&Commercial 32 Equipment Research&Development, P 96 9P6" Scientific/Technological 96 Security Services P, P P P 13 P 29 P C Sewer/Septic&Waste 3 13 4 26 Mgrnt Cleaning 97 97 Taxi,Limo,Charter Bus 198 P98 P98 C 98 P98 313 98 Testing Laboratory - P 13 C 26 • Towing,Motor Vehicle P 3 13 AGRICULTURAL Community Garden 99 P 99 99 P 99 P 99 P 99 99 P 99 99 P99 P 99 P99 P 99 P99 P 99 P 99 P99 99 99 99 99 I. General Note.Gross floor area shall not exceed five thousand(5,000)square feet. Code of Ordinances, Part III. LDR Ch.3,Art. IV.Sect. 3.D Zoning Matrix Notes 1. General Note. Gross floor area shall not exceed five thousand (5,000) square feet. 2. General Note. The gross floor area shall not exceed ten thousand (10,000) square feet. 3. General Note. Conditional use approval shall be required if located within one hundred (100) feet from a residential zoning district or mixed use zoning district. 4. General Note. As a principal or accessory use, it is allowed if there is a minimum separation of three hundred (300) feet between such use and a residential zoning district. The distance shall be measured in a straight line from the property line of the subject use to the property line of the residential zoning district. 5. General Note. This use shall be prohibited on the first floor. 6. General Note. For those projects with frontage on an arterial road, this use is allowed as a permitted use if the ground floor fronting the arterial is devoted to office or retail use; otherwise, conditional use approval shall be required. 7. General Note. Shall exclude drive-through facilities. 8. General Note. Non-residential uses located in a PUD must serve the needs of the PUD and not the general needs of a surrounding area. Areas designated for commercial activities shall not generally front on exterior or perimeter streets, and shall be located centrally within the project. The only exception to these rules is when a residential mixed-use project would promote new urbanism design standards and helps to further sustainable initiatives. Such developments shall also be designed to further any applicable recommendations within the corresponding redevelopment plan. 9. General Note. a. All districts. The maximum size of a tasting room shall be less than 50%of the gross floor area for that establishment. No use shall be carried out so as to allow the emission of objectionable or offensive odors or fumes in such concentration as to be readily perceptible at any point at or beyond the boundary of the zoning district. See Chapter 4, Article V, Section 2.E for additional regulations pertaining to off-street parking requirements for tasting rooms. b. C-4 district. If proposed on a site that fronts on an arterial or collector roadway, the establishment shall be required to have an accessory commercial component(i.e., tasting room or retail showroom) to the operation. The size of the tasting room/retail showroom shall be at least ten percent (10%) of the gross floor area or one thousand (1,000) square feet, whichever is greater. This minimum size requirement is not applicable to those establishments which do not front on an arterial or collector roadway. See subparagraph d. below for additional provisions pertaining to beverage manufacturing establishments. c. M-1 District. (1) An accessory commercial component(i.e., tasting room or retail showroom) shall be required for any establishment located on an arterial roadway. In all other instances, an accessory commercial component is optional. (2) No drive-up, drive-through, or drive-in facilities shall be allowed. (3) See subparagraph d. below for additional provisions pertaining to beverage manufacturing establishments. d. Beverage Manufacturing. (1) A tasting room, retail showroom, and/or facility tours shall not be open to the public after 10:00 p.m., except Fridays and Saturdays, whereby it may remain open until 11:00 p.m. (2) This type of establishment may be eligible for a live entertainment permit; however, no amplified music shall be allowed. (3) No permanent food preparation is allowed on premises. 10. General Note. Buildings greater than eighty thousand (80,000) square feet shall require conditional use approval. Maximum footprint is one hundred twenty-four thousand (124,000) square feet. Building elevations shall be enhanced with appropriate design elements to break up wall expanses (i.e. articulation, windows, columns, varied rooflines, etc.). 11. General Note. This use shall be integrated into a mixed use building or development. 12. General Note. This use is allowed, but it shall not be located on a lot that fronts on an arterial roadway. 13. General Note. This use is allowed, but it shall not be located on a lot that fronts on an arterial or collector roadway. 14. General Note. The subject use is only allowed on a lot that fronts on an arterial or collector street as defined in Part III, Chapter 1, Article II of the LDR under definitions for "Street-Arterial" and "Street- Collector". Except for uses providing Medical Care or Testing(In-patient) shall be limited to lots that front on an arterial roadway. 15. General Note. This use shall be integrated into a mixed-use building or development. It must not 1) occupy more than fifty percent (50%) of the gross floor area of any given building; and 2) exceed twenty percent (20%) of the gross floor area of the mixed use development. 16. General Note. This use shall be integrated into a mixed-use building or development. It must not 1) occupy more than fifty percent (50%) of the gross floor area of any given building or 2) exceed thirty percent (30%) of the gross floor area of the mixed use development. 17. General Note. a. All Mixed-Use Districts. This use shall be integrated into a mixed-use building or development. It must not 1) occupy more than fifty percent (50%) of the gross floor area of any given building or 2) exceed thirty percent (30%) of the gross floor area of the mixed use development. b. MU-L1 district, MU-L2 district,and MU-L3 and MU-4 district. The subject use is only allowed on lots fronting on arterial or collector roadways. 18. Ocean Avenue Overlay Zone. a. This use is allowed in this zoning district only when proposed on a lot located within the Ocean Avenue Overlay Zone (OAOZ). b. Any proposed non-residential use that would abut a side property line of a residential use located on Northeast 1st Avenue or Southeast 1st Avenue requires conditional use approval. c. Any allowable use is considered permitted by right,provided that it is proposed on property with frontage on Ocean Avenue; otherwise conditional use approval shall be required. Additionally, no existing uses shall be deemed non-conforming. d. Professional and technical schools allowed in the OAOZ are limited to those that teach the culinary and visual arts. 19. General Note. This use shall be prohibited on the ground level of buildings located on lots that front on Ocean Avenue located within the Ocean Avenue Overlay Zone. 20. General Note. This use is allowed as an accessory use to any lawful Arts Campus located within the Ocean Avenue Overlay Zone. 21. General Note. This use is allowed as an accessory use to any city-owned and operated park facility. 22. General Note. This non-industrial use is allowed within the M-1 district, provided that it 1) is located within a multiple-tenant development on a lot that fronts on an arterial roadway; 2) does not exceed five thousand (5,000) square feet; 3) excludes a drive-up, drive-through, or drive-in facility; and 4) complies with all off-street parking requirements of Chapter 4, Article V. In addition, the sale of used merchandise is only allowed as accessory to the sale of new merchandise. 23. General Note. This use is allowed on an arterial or collector roadway within the M-1 district provided that it has accessory commercial component to the operation. This establishment will be required to meet the following criteria: a. Location. The accessory commercial component shall be located within a building situated on a lot that fronts on an arterial or collector roadway; and b. Interior. An indoor showroom of at least two hundred fifty (250) square feet for retail sales shall be required for establishments twenty-five thousand (25,000) square feet or less. An indoor showroom area of at least one percent(1%) of the gross floor area shall be required for establishments greater than twenty-five thousand (25,000) square feet. 24. General Note. This non-industrial use is allowed within the PID district provided it is located on a lot that has a Commercial (C) land use option. 25. General Note. This non-industrial use is allowed within the PID district provided it is located on a lot that has a Governmental & Institutional (G&I) land use option. 26. General Note. This use is allowed within the PID, except that if proposed in Quantum Park, it shall be restricted to a lot that has an Industrial (I) land use option. 27. General Note. This non-industrial use is allowed within the PID district provided it is located on a lot that has a Mixed Use (MU) land use option fronting on an arterial roadway or on a MU lot with a development order that is not solely for residential development. 28. General Note. This non-industrial use is allowed within the PID district provided it is located 1) on Lot 3B of the Boynton Commerce Center PID; or 2) on a lot with a Mixed Use (MU) land use option fronting on an arterial roadway or on a MU lot with a development order that is not solely for residential development. 29. General Note. This use is allowed within the PID, except on lots that have either a Governmental & Institutional (G&I) or Mixed Use (MU) land use option. 30. General Note. If proposed on Lot 3B of the Boynton Commerce Center PID, it shall be required to have an on-site manufacturing component to the operation. 31. General Note. This non-industrial use is allowed within the PID district provided it is located on a lot that has an Office (0) land use option.No drive-through facility shall be allowed in connection with this use. 32. General Note. a. Landscaping. All exterior(temporary) storage of equipment shall be adequately screened. Additional buffering may be required as recommended by the Director of Planning & Zoning to ensure compatibility. b. M-1 district. Outdoor storage of equipment shall require conditional use approval if located within two hundred (200) feet of a residential zoning district. No exterior storage of equipment in a wrecked condition shall be permitted. 33. Non-Residential Uses in Single-Family Residential Districts. The following applies to facilities to be located within zoning districts limited to single-family homes (R-1-AAB district, R-1-AA district, R-1-A district, and R-1 district): a. Location. Along the following roadway types as designated in the City of Boynton Beach Comprehensive Plan: arterials and collectors. b. Minimum Lot size. One (1) acre for all non-residential uses, except for day care establishments, which shall be regulated in accordance with Section 3.D.87 below. c. Frontage. Except for day care establishments, a minimum frontage of one hundred fifty (150) feet for all non-residential uses. d. Landscaping. A minimum buffer width of five (5) feet and a landscaping barrier shall be required for all parking and vehicle use areas, and outdoor recreation areas that abut single-family residential zoning districts. e. Design. Building design shall be consistent with surrounding residential styles. f. Separation. Distances between residential properties and outdoor play areas shall be maximized. 34. Home Occupation. a. Home occupations shall be permitted subject to these specific regulations designed for the protection of residential neighborhoods, where all of the activity takes place within a structure, and where the principal use is for residential purposes. In order for any home occupation to be permitted or continue to be permitted,the following performance standards shall be agreed to in writing by the applicant and be maintained for the duration of the occupational license: (1) Compatibility. The residential character and integrity of the neighborhood must not be disturbed and the occupational activity at the home shall not be noticeable from off the premises. (2) Size. A home occupation shall only be conducted within twenty percent (20%) of the living area of the dwelling including interior halls, closets and storage areas, but excluding garages, screened porches, accessory buildings or any similar space not suited or intended as living quarters. (3) On-site Restrictions. The home occupation shall be conducted at the licensed address only by residents of that dwelling unit and shall only be the type of occupation which does not involve client business visits to the home, and is typified by business transactions conducted by telephone, mail, or off premises of the licensed address. (The giving of individual instruction to one (1)person at a time, such as an art or piano teacher, shall be deemed a home occupation). (4) Performance Standards.No equipment or process shall be used in a home occupation which creates fumes, glare, noise, odors, vibration, or electrical interference detectable to the normal senses off the lot, if the occupation is conducted in a single-family residence, or outside the dwelling unit if conducted in other than a single-family residence. In the case of electrical interference, no equipment or process shall be used which creates visual or audible interference in any radio or television receivers off the premises. (5) Traffic.No traffic shall be generated by a home occupation in greater volumes than would normally be expected in a residential neighborhood, and any need for parking generated by the conduct of a home occupation shall be met by off-street parking which complies with Chapter 4, Article VI. (6) Storage. All storage of materials or supplies used in the home occupation shall be done within the living area of the dwelling unit, within the space limitations specified in subsection 2 above and shall not be visible from adjacent residential units. Contractors, tradespersons and the like shall not use their home garage or yard areas for storage of materials and supplies used in business activities. (7) Signage. No sign or display shall be visible other than a non-illuminated sign, not exceeding two (2) square feet in area, placed on the exterior wall of the residence as close as practical to the front entrance. (8) Parking. A panel, pick-up truck, van, or similar type of truck, not to exceed a one (1) ton chassis configuration, may be parked in a residential zoning district. However, such vehicle must be used by a resident of the premises, and no more than one (1) such truck shall be located on each plot. (9) Miscellaneous. A home occupation shall be subject to all business tax provisions defined in Part II of the City Code of Ordinances. 35. Alcoholic Beverages. Subject to the provisions of City Code of Ordinances, Part II, Chapter 3, Alcoholic Beverages. 36. Accessory Dwelling Unit. a. All districts. An accessory dwelling unit is allowed as an accessory use to any lawful non-residential principal use within a non-residential building. Such unit shall have a minimum living area of seven hundred fifty (750) square feet and limited to occupancy by the property owner or business owner/operator. b. M-1 district. This use is allowed as an accessory to any lawful self-service storage facility and which meets the prerequisites contained therein. 37. Bed &Breakfast. a. Generally. A bed & breakfast is 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. Prior to the establishment and operation of a bed &breakfast, all required business licenses and health permits shall be obtained in compliance with all building, sign, sanitary and fire codes. Prior to the issuance of a business tax certificate, which shall be renewed annually, the city shall conduct an inspection of the property to determine compliance with the current requirements of the city's regulations, state building codes, and conditions of approval. b. Interior. (1) Common Area. Within each bed &breakfast establishment, a common area must be provided for a central dining area and for at least one (1) sitting/reading/discussion room. (2) Number of Rooms. The number of bedrooms and bathrooms are to remain unchanged unless modifications are necessary to comply with building, fire, and/or health codes. c. Miscellaneous. (1) Cooking. Except as hereinafter provided, there shall be no cooking facilities or food storage in any guest unit. Breakfast shall be the only meal provided for paying overnight guests. The breakfast meal shall not be served after 11:00 a.m. (2) Maximum Stay. The maximum stay for each guest shall be fourteen (14) consecutive days and not more than fourteen (14) days during any forty-five (45) day period. The owner and/or manager shall maintain a guest book, which accurately identifies all guests for each night's lodging. This register of guests shall be available for city inspection during reasonable business hours. Check-in and check-out shall take place between 8:00 a.m. and 8:00 p.m. only. (3) Owner. The owner of the bed &breakfast establishment must reside on the premises. (4) Commercial. Commercial social activities and events and the sale of merchandise to non-guests are prohibited in the bed & breakfast establishment. (5) Kitchenettes. Existing kitchenettes within one (1) or more guest units are considered within the scope of this section and will not have to be removed. 38. Dwelling, Two-Family (Duplex). a. C-3 district and PCD district. A two-family dwelling(duplex) shall comply with the R-2 district regulations. See Chapter 3, Article III, Section 2.E. 39. Dwelling, Multi-Family. a. C-3 district and PCD district. A multi-family dwelling shall comply with the R-3 district regulations. See Chapter 3, Article III, Section 2.F. 40. Group Home a. Group Home Type 1 Maximum persons per unit. Two (2)persons per bedroom, not to exceed ten (10)persons including a resident caretaker or overseer. b. Group Home Type 1 and 2 (1) Common Area. At least ten percent(10%) of the total floor area shall be devoted to a common area, exclusive of halls, corridors, stairs, and elevator shafts, wherein a variety or recreational or therapeutic activities may occur. (2) Rooms. Residents'rooms or suites shall, in no case, have kitchen facilities available for the preparation of food. (3) Design. Pursuant to Chapter 4,Article III, Section 3.G.1, the appearance of the group home shall be residential in character and similar in appearance to the surrounding neighborhood. (4) Parking. See the Chapter 4, Article V for applicable parking requirements. c. Group Home Types 2. (1) Two (2)persons per bedroom, not to exceed 14 persons including a resident caretaker or overseer. (2) Conditional use approval is not required within a Planning Unit Development(PUD) if approved on the master plan or modified master plan. d. Group Home Types 3. (1) PUD or Mixed Use Zoning District. Conditional use approval is not required within a planned development zoning district(i.e. PUD or MU Zoning District) if approved on the master plan or modified master plan. (2) MU-:1, MU-2,and MU-3 and MU-4. Projects require a minimum of 60%of the dwelling units to be for independent living with full kitchen and bath facilities, and not require licensing by the State of Florida Department of Health. 41. Hotel &Motel (includes Boutique, Extended-stay, Apartment, Timeshare Apartment). a. C-3 District. Timeshare hotel shall comply with R-3 district regulations. Boutique hotels are not listed as permitted uses. b. C-4 District. Boutique hotels and timeshare hotels are not listed as permitted uses. c. CBD District. Apartment hotels require conditional use approval. d. PCD District. Timeshare apartments shall comply with R-3 district regulations. Boutique hotels are not listed as permitted uses. e. SMU District. Hotels require conditional use approval. Apartment hotels, boutique hotels, and timeshare apartments are not listed as permitted uses. Motels are prohibited uses. f. MU-L1 District, MU-L2 District, and MU-L3 District and MU-4 District. Timeshare hotels are not listed as permitted uses. Boutique hotels and motels are prohibited uses. g. MU-4 District and MU-SIC District. Boutique hotels require conditional use approval and must be integrated into a commercial or mixed use development and not exceed thirty percent(30%) of the gross floor area of the entire development. Apartment hotels and timeshare apartments are not listed as permitted uses. Motels are prohibited uses. h. PID district. This non-industrial use is allowed within the PID district provided it is located on a lot that has a Hotel (H) land use option. 42. Live-Work Units. a. SMU District. This subsection provides for the use of residential structures to accommodate live/work opportunities. Live-work units shall be specifically designated on the site plan, and comply with the following standards and requirements. These provisions are not applicable to dwellings or occupations that meet the definition of home occupation. All respective site plan pages shall identify all proposed live-work units and buildings. Live-work units shall be tallied in the site plan tabular data. (1) Location. To minimize impacts to the greater neighborhood, units planned for live-work units shall be located at the perimeter of the residential project or along the project's principal roadway, and/or where possible, adjacent to perimeter/external rights-of-way. (2) Use(s): Non-residential uses that are permitted in live-work units are generally limited to professional service, business service, or tutoring services. A listing of common uses permissible in live-work units, subject to issuance of occupational license are located in subsection (16) below. No work activity shall be permitted that by virtue of intensity or number of employees has the potential to create impacts by reason of traffic, parking issues, hazardous materials, or excess waste. The following list identifies the permitted uses within designated live-work units, subject to processing through the city's business tax office: Addressing service/mailing list compiler Arbitrator, mediator services Cleaning services, maid, housekeeping,janitorial Commercial artist/design studio Commercial photography Computer programming service Computer software development Data processing Direct mail advertising services Editing, proofreading, typing service Paralegal Party supplies, rental/leasing (office only, no storage on-site) Private investigator Recording service Secretarial service Boat broker (office only) Alteration, dressmaking shop,tailor Abstract and/or title company Accountant/income tax services Adjusters, insurance Advertising office Appraiser Architect Attorney Auctioneer (office only) Author Broker Business analyst Calculating and statistical service Court reporting/stenographers Credit reporting Engineer's office Importer/exporter (office only) Insurance agency/bond office Interior decorating Loan company office Market research office Model agency Notary public office Public relations office Real estate sales/management office Travel agency Tutoring or instruction (academics, music, art) Art studio with ancillary sales (3) Floor Area. The minimum floor area of a live-work unit shall be one thousand (1,000) square feet. No more than seven hundred fifty (750) square feet of the live-work unit shall be reserved for living space, including kitchen, bathroom, sleeping, and storage areas. The remaining gross floor area of each unit shall be reserved and regularly used for sleeping space. (4) Construction. Each live-work unit shall be a separate unit from other uses in the building. The ground floor of all live-work units shall meet the Florida Building Code requirements for mixed occupancy buildings. Each unit, including the garage, shall be separated by walls from other live-work units or other uses in the building. (5) Accessibility. Buildings designated as live-work units shall provide universal accessibility to the front and to the interior space of the non-residential area of the live-work unit from the public sidewalk adjacent to the street. (6) Miscellaneous. No more than two (2) on-site employees, in addition to the resident(s) of the live- work unit, may undertake business activities from said unit. At least one (1) resident of an individual live-work unit shall maintain a current occupational license for a business located in that unit. Acknowledgment, in the form of an affidavit, of the employee limitation shall be made by the unit resident, at the time of application for an occupational license. The work area shall not be rented separately from the living space. b. MU-b1 District, MU-b2 District, MU-E3 District, MU-4 District and MU-14C District. The following restrictions apply to projects within zoning districts that contain master plans approved for live-work units: (1) Floor Area. The minimum floor area of a live-work unit shall be one thousand (1,000) square feet. No more than seven hundred fifty (750) square feet of the live-work unit shall be reserved for living space, including kitchen, bathroom, sleeping, and storage areas. The remaining gross floor area of each unit shall be reserved and regularly used for sleeping space. (2) Use(s). The work activity in a building where live-work units are allowed shall be any use permitted by right in the zoning district, except that in order to protect the health and safety of persons who reside in a live-work unit, no work activity shall be permitted that by virtue of size, intensity, number of employees or the nature of the operation, has the potential to create significant impacts by reason of dust, glare, heat, noise, noxious gasses, odor, smoke, traffic, vibration or other impacts, or would be hazardous by way of materials, process, product or wastes: (3) Construction. Each live-work unit shall be a separate unit from other uses in the building. (4) Accessibility. Access to each live-work unit shall be provided from common access areas, common halls or corridors, or directly from the exterior of the building. (5) Separation. Each live-work unit shall be a separate unit from other uses in the building. Access to each live-work unit shall be provided from common access areas, common halls, or corridors, or directly from the exterior of the building. (6) Miscellaneous. At least one (1) resident of an individual live-work unit shall maintain a current business tax receipt for a business located in that unit. No portion of a live-work unit may be separately rented or sold as a commercial space for a person or persons not living in the premises or as a residential space for a person not working in the same unit. No live-work unit shall singly be changed to exclusively commercial or exclusively residential use. No conversion of all live-work units in a single structure to exclusively residential use shall be permitted where the work portion of the units is the only commercial use in a project, nor shall conversion to exclusively commercial use be permitted where the live portion of the units is the only residential use in a project. 43. Art, Book, Craft, Hobby, Music, Sporting Good, & Toy Store. a. CBD District. Bait and tackle shops are permitted as an accessory use to marinas, including yacht clubs. b. PID district. This use is also allowed as an accessory use to an artist studio. 44. Auto Dealer, (New &Used). a. C-4 district. Allowed only as a conditional use accessory to the repair of motor vehicles.No outdoor storage of vehicles, for sale shall be permitted. b. MU-b3 district and MU-NC district. (1) General. Indoor storage/display only and shall not exceed ten thousand (10,000) square feet. This use excludes automotive, minor repair, and auto car/wash. Conditional use approval shall be required if all or a portion of the inventory is located within a parking garage/structure. (2) Access. Shall not be directly from any major roadway. (3) Storage. No outside storage of materials,parts, and vehicles. (4) Design. Pursuant to Chapter 4, Article III, Section 3.A.7, overhead doors shall not be visible from any major roadway frontage. (5) Loudspeakers. No exterior loudspeakers or paging equipment shall be permitted on-site. c. M-1 district. Allowed only as a conditional use accessory to the repair of motor vehicles.No outdoor storage of vehicles for sale shall be permitted. - d. PID district. This non-industrial use is allowed within the PID district as a conditional use. Also, within the Quantum Park PID such uses are limited to lots with an Industrial (I) use option or Industrial/R(with retail sales) option. Vehicle inventories must be stored/displayed indoors. A pre- existing business located on Quantum Park lots 77 through 80 is exempt from the requirements relative to conditional use approval, outdoor storage or display of vehicle inventories, and locating on lots with the "I" and"I/Retail"use options. 45. Boat Dealer/Rental. a. C-3 District. Boat dealer/rental, as a principal use, shall exclude the repair or service of vessels on the premises.No outdoor storage of boats shall be permitted. b. C-4 District. Conditional use approval shall be required if merchandise is to be stored outdoors. Outdoor storage areas shall be adequately screened from abutting properties and rights-of-way, with the exception that a single merchandise item may be visible from abutting rights-of-way. The display must be in combination with project signage, and the setback, landscaping and design of this site feature shall minimize the visual impact on the adjacent roadway. If any vehicle use areas are not separated by an intervening building and visible from an arterial roadway, right-of- way landscaping shall be in accordance with the City's Urban Landscape Code except that the width shall be at least 10 feet, it shall include a berm, and enhanced with additional plants selected and maintenance to facilitate, varying growth heights to provide some screening of the space between the hedge material and tree canopies. The landscaping required to represent"adequate" screening, as well as the appropriate design of the merchandise display feature and right-of-way landscaping shall be determined as part of the conditional use review process. c. PCD District. Boat dealer/rental, as a principal use, shall exclude the repair or service of vessels on the premises.No outdoor storage of boats shall be permitted. Inventories must be stored/displayed indoors. d. MU-4 District and MU--14C District. Boat dealer/rental is allowed as an accessory use to a marina but conditional use approval is required. No exterior loudspeakers or paging equipment shall be permitted on- site. Storage/display allowed only in wet docks or indoor not to exceed ten thousand (10,000) square feet. The sales, rental, service, repairs, and storage of marine trailers are prohibited. e. M-I District. Allowed only as a conditional use accessory to the repair of boats. Outdoor storage areas shall be adequately screened from abutting properties and rights-of-way. f. PID District. Required conditional use approval. Also, within the Quantum Park PID such uses are limited to lots with an Industrial (I) use option or Industrial /R(with retail sales) option. Inventories must be stored/displayed indoors. 46. Gasoline Station. a. All Districts. (1) Location. Gasoline stations, except where otherwise allowed by these regulations, are only allowed on properties located at three-way or four-way intersections involving arterial and collector road of rights-of- way as designated by the Comprehensive Plan, excluding local streets and alleys. Interchanges with I-95 are included as eligible intersections. Eligible properties at an intersection with 1-95 include the first parcel directly west or east of the toe embankment of the 1-95 interchange. This may also be defined as the first parcel with frontage on and access from the arterial road that intersects with the 1-95 right-of-way. A maximum of two (2) gasoline stations shall be allowed at each intersection. A convenience store with retail gasoline sales is considered to be a gasoline station and is therefore, restricted to these location requirements. (2) Lot Size. Minimum lot size: thirty thousand (30,000) square feet. (3) Frontage. Minimum street frontage: two hundred twenty-five (225) feet on each frontage measured from the intersecting right-of-way lines of the public streets. (4) Access. (a) Only one (1) access driveway is allowed from each major street frontage. Driveways shall be located a minimum of fifty (50) feet from the intersection unless county or state standards require a greater distance; (b) Driveways shall be a minimum of thirty (30) feet and a maximum of forty-five (45) feet in width; and (c) Driveways shall not be located less than thirty(30) feet from any interior property line. (5) Setbacks. (a) No canopy shall be located less than twenty (20) feet from any property line; and (b) No gasoline pump island shall be located less than thirty (30) feet from any property line. (6) Storage. No outside storage of materials, parts, and no overnight storage of vehicles outside. (7) Design. Pursuant to Chapter 4, Article III, Section 3.G.4., all gasoline stations located on designated out-parcels to shopping centers, business centers, or other planned commercial developments shall conform in design to the approved design plan of the principal center. (8) Landscaping. See landscaping standards in Chapter 4. (9) Lighting. See lighting standards in Chapter 4. (10) Except for where otherwise approved on a master sign program, gasoline stations shall only be permitted to advertise on signage located within the property boundaries. (11) Gasoline stations shall be permitted uses if located greater than 200 feet from a boundary of a residential zoning district. Distances for the purpose of this subsection shall be measured from the closest gasoline pump island or canopy of the gasoline station to the closest boundary of the residential or mixed-use zoning district. (12) A station existing prior to amendment of these regulations that is located on a lot that does not conform to the property development regulations of the zoning district, as defined in Section 11 of this chapter, may be enlarged, expanded, reconstructed or restored without limitation based on percent of property value, as long as the magnitude of the non-conformity is not worsened by the improvement. b. C-2 District, C-3 District, and C-4 District. (1) Use(s) Allowed: A convenience store; auto/car wash, automotive, minor repair; and automotive window tinting/stereo installation/alarms are allowed as accessory uses to gasoline,stations. (2) Setbacks. Except for properties located within the Urban Commercial District Overlay Zone, the following building setbacks shall apply to all structures on the property including the primary structure, or any accessory structures such as car washes or above-ground storage facilities. (a) Building front(and side corner) - 35 feet; (b) Building side - 20 feet; (c) Building rear - 20 feet; (d) Automated car wash. The entrance to an automatic car wash shall be setback no less than seventy- five (75) feet from the street in order to provide for an area of vehicular queuing (stacking). An accessory auto/car wash shall be fully automatic and recycle all water used in the car washing process. (3) Exceptions to requirement for location at intersections as stated above under section a.(1). When a gas station is accessory to a principal retail use and when all requirements applicable to the PCD District are satisfied. c. PCD District. (1) Use(s) Allowed: A convenience store; auto/car wash, automotive, minor repair; and automotive window tinting/stereo installation/alarms are allowed as accessory uses to gasoline stations. (2) Setbacks. The following building setbacks shall apply to all structures on the property including the primary structure, or any accessory structures such as car washes or above-ground storage facilities. (a) Building front (and side corner) - 35 feet; (b) Building side - 20 feet; (c) Building rear - 20 feet; (d) Automated car wash. The entrance to an automatic car wash shall be setback no less than seventy- five (75) feet from the street in order to provide for an area of vehicular queuing (stacking). An accessory auto/car wash shall be fully automatic and recycle all water used in the car washing process. (3) Separation.No gasoline pump island shall be located less than two hundred (200) feet from any public right-of-way. (4) Exceptions to requirement for location at intersections as stated above under section a.(1). Uses within the PCD District shall not be required to comply with the location standard described above in subsection a.(1). (5) Pre-existing uses. Gasoline stations that were in existence prior to the adoption of these regulations shall not be deemed non-conforming to the corresponding site standards if located in compliance with the location (intersection) standard stated above in section a. (6) Relief from Standards. Waivers from the following standards may be granted in accordance with Chapter 2, Article II by the City Commission for existing projects annexed into the city, when the regulation cannot be fully complied with, but where the intent of the LDR is met: (a) Section 3.D.46.a.(5)(a) above; (b) Section 3.D.46.a.(5)(b) above; (c) Section 3.D.46.c.(3)(a) above; or (d) Section 3.D.46.c.(3)(b) above. The applicant shall provide justification of the waiver and submit a mitigation plan off-setting the impact. d. MU-L3 District and MU-HC District. (1) Use(s) Allowed. A convenience store is allowed as an accessory use to a gasoline station. (2) Setbacks. (a) Building setbacks shall meet those required by the applicable zoning district. (b) Canopy structure over the fuel pumps shall be located either to the side or rear of its associated principal building. e. PID District. This non-industrial use shall be allowed within the PID district provided it is located on a lot with a Mixed Use (MU) land use option and at an intersection that would satisfy the location requirements of this note. (1) Use(s) Allowed. A convenience store; auto/car wash, automotive, minor repair; and automotive window tinting/stereo installation/alarms are allowed as accessory uses to gasoline stations. (2) Setbacks. Except for properties located within the Urban Commercial District Overlay Zone, the following building setbacks shall apply to all structures on the property including the primary structure, or any accessory structures such as car washes or above-ground storage facilities. (a) Building front (and side corner) - 35 feet; (b) Building side - 20 feet; (c) Building rear - 20 feet; (d) Automated car wash. The entrance to an automatic car wash shall be setback no less than seventy- five (75) feet from the street in order to provide for an area of vehicular queuing(stacking). An accessory auto/car wash shall be fully automatic and recycle all water used in the car washing process. 47. Grocery Store. a. MU-L1 District, MU-L2 District, MU-L3 District, MU-4 District and MU-14C District. Gross floor area of grocery store must be a minimum of fifteen thousand (15,000) square feet and a maximum of eighty thousand (80,000) square feet. 48. Hardware Store. a. CBD District. Excluding lumber or building materials dealers, lawn& garden shops, glass, electrical, plumbing, heating supplies, and the like. b. MU-L1 District, MU-L2 District, MU-L3 District, MU-4 District, MU-HC District, and PID District. Indoor storage/display only and shall not exceed ten thousand (10,000) square feet. c. PID District. This use excludes an on-site lumber yard and any other exterior(outside) activity or storage. 49. Home Improvement Center. This use excludes an on-site lumber yard and any other exterior(outside) activity or storage. 50. Marine Accessories. a. C-2 District. Excluding any installation on premises, and excluding machine shop service. b. MU-L1 District, MU-L2 District, MU-L3 District,MU-4 District and MU-HC District. Indoor storage/display only and shall not exceed ten thousand (10,000) square feet. The sales, rental, service, repairs, and storage of marine trailers are prohibited. Marine customizing, detailing, service,parts, or repair is also prohibited. 51. Merchandise New. This use excludes an on-site lumber yard and any other exterior(outside) activity or storage. 52. Merchandise, Used (Antique & Consignment Shops and Bookstores). Gross floor area shall not exceed twenty five thousand (25,000) square feet, except if proposed within the Community Redevelopment Area,the maximum size is twenty five hundred(2,500) square feet. The maximum size may be increased up to ten thousand (10,000) square feet if approved as a conditional use. This size restriction shall prevail if it conflicts with the size limit set by another applicable note. An auction house is allowed but only as an accessory use qualifying under this paragraph. 53. Merchandise, Used (Other). This establishment shall be limited to a maximum of five thousand(5,000) square feet of gross floor area except if proposed within the Community Redevelopment Area, the maximum size is twenty five hundred(2,500) square feet, and must be located a minimum distance of two thousand, four hundred (2,400) feet from another merchandise, used(other) or multiple-vendor market establishment, as measured by direct distance between property lines. The floor area of an existing merchandise, used (other) establishment shall not be expanded in instances where located less than the minimum separation requirement. All new applications to operate such uses or applications for building permits to expand such uses shall be accompanied by an affidavit certifying compliance with this restriction. Exterior storage and display in connection with such uses shall be prohibited. 54. Mobile Vending Unit(MVU). See Chapter 3,Article V, Section 10 for additional regulations regarding an MVU. 55. Multiple-Vendor Market. A multiple-vendor market shall be limited to five thousand (5,000) square feet of gross floor area and must be located a minimum distance of two thousand, four hundred (2,400) feet from another multiple-vendor market or merchandise used(other) establishment, as measured by direct distance between property lines. The floor area of an existing multiple-vendor market establishment shall not be expanded in instances where located less than the minimum separation requirement. All new applications to operate such uses or applications for building permits to expand such uses shall be accompanied by an affidavit certifying compliance with this restriction. Exterior storage and display in connection with such uses shall be prohibited. 56. Nursery, Garden Center, & Farm Supply. The exterior display of live plants is exempt from the three hundred (300)-foot distance requirement of Chapter 3, Article V, Section S.D. and such plants may remain outdoors after normal business hours provided that their placement complies with the location criteria of Chapter 3, Article V, Section S.C. 57. Pharmacy & Drug Store. a. All Districts. No more than fifteen percent(15%) of the total number of prescriptions sold within a thirty (30) day period can be derived from the sale of Schedule II controlled substances as listed in F.S. § 893.03. All pharmacies and drug stores shall be staffed by a state licensed pharmacist who shall be present during all hours the pharmacy, or pharmacy function of the drug store, is open for business. This restriction on prescription sales shall not apply to a pharmacy operating accessory to a facility licensed pursuant to F.S. Chapter 395 (e.g., hospital). b. MU-4 and MU-SIC District. Use shall be subject to the following distance separation requirements from similar uses, measured in a straight line, using the shortest distance between property lines shall be the following: (1) Seven hundred fifty (750) feet: For uses with less than five thousand (5,000) square feet of gross floor area; (2) One thousand, five hundred (1,500) feet: For uses with a gross floor area equal to or greater than five thousand (5,000) gross square feet. 58. Restaurant. a. All Districts. See Chapter 3, Article V, Supplemental Regulations regarding the sidewalk café permit. b. C-1 District. A restaurant is allowed as accessory use to a business or professional office and/or a medical or dental office but subject to the following conditions: (1) Signage. No external signage for the restaurant use shall be allowed; (2) Hours of operation shall be limited to coincide with the hours of operation of the principal use. c. M-1 district. This non-industrial use is allowed within the M-1 district,provided that it 1) is located within a multiple-tenant development on a lot that fronts on an arterial or collector roadway; 2) does not exceed two thousand, five hundred (2,500) square feet; 3) excludes a drive-up, drive-through, or drive-in facility; and 4) complies with all off-street parking requirements of Chapter 4, Article V. In addition, the sale of used merchandise is only allowed as accessory to the sale of new merchandise. 59. Restaurant (Take-Out). a. M-1 district. This non-industrial use is allowed within the M-1 district, provided that it 1) is located within a multiple-tenant development on a lot that fronts on an arterial or collector roadway; 2) does not exceed two thousand, five hundred (2,500) square feet; 3) excludes a drive-up, drive-through, or drive-in facility; and 4) complies with all off-street parking requirements of Chapter 4, Article V. In addition, the sale of used merchandise is only allowed as accessory to the sale of new merchandise. 60. Auto/Car Washes (Polishing, Waxing, Detailing). a. C-2 District, C-3 District, C-4 District, and PCD District. Only a fully automated-style auto/car wash facility is allowed as an accessory use to a gasoline station. However, conditional use approval is required for this component of the establishment. b. PID District. Only allowed as an accessory use to an auto dealer, new or used. 61. Automobile Rental. a. C-3 District. Allowed as an accessory use to automotive, minor repair. Conditional use approval is required. In addition, the following criteria must be met: (1) Location. On sites greater than seventy-five (75) acres and only within a separate building in a shopping center, automobile rental is allowed subject to the following additional conditions: (a) The customer service area shall be located within the building being used for an automotive, minor repair; (b) No more than twelve (12) automobiles shall be stored on-site for the purpose of rental, and such automobiles shall be stored in marked stalls; (c) No fueling or refueling of automobiles shall be permitted on-site. b. C-4 District. Automotive, minor repair is allowed as an accessory use to automobile rental, provided that the service and maintenance of the fleet vehicles is relegated to the rental operation and not open to the public. c. PCD District. Uses listed as conditional uses would be considered permitted uses if the following conditions are met: (1) If shown on the originally approved master plan; (2) Uses will not be subject to the minimum acreage requirements of the C-3 zoning district if the site meets the minimum acreage requirement for rezoning to PCD; and (3) All portions of any building dedicated to such use are separated from residentially zoned property by a distance of two hundred (200) feet. d. MU-L3 District and MU-SIC District. The indoor storage/display of fleet vehicles are permitted but shall not exceed ten thousand (10,000) square feet. Conditional use approval shall be required if all or a portion of the inventory is located within a parking garage/structure. (1) Access. Shall not be directly from any major roadway. (2) Storage. No outside storage of materials,parts, and vehicles. (3) Design. Pursuant to Chapter 4, Article III, Section 3.A.7., overhead doors shall not be visible from any major roadway frontage. 62. Automotive, Minor Repair. a. C-2 District. Automotive, minor repair is allowed as an accessory use to a gasoline station. Conditional use approval is required for this component of the establishment. b. C-3 District. (1) As an Accessory Use. Automotive, minor repair is allowed as an accessory use to a gas station and also to automobile rental, provided that the service and maintenance of the fleet vehicles is relegated to the rental operation and not open to the public. (2) As a Principal Use. Automotive, minor repair is allowed as a principal use, provided that it is located on a lot that is at least five (5) acres. The following restrictions shall also apply, where applicable: (a) On sites of greater than five (5) acres and less than seventy-five (75) acres, all such uses shall be located in either a principal building of a shopping center or in a subordinate, stand-alone building and/or outparcel within a commercial master plan,provided that the subordinate stand-alone building and/or outparcel within a commercial master plan is not located between the principal building and an adjoining right-of-way or between the principal building and abutting residentially zoned property. (b) On sites of greater than seventy-five (75) acres all such uses will be allowed to be located in a separate building in a shopping center. For the purpose of this section, motor vehicles shall mean only motorcycles, mopeds, passenger cars (a motor vehicle with motive power, except a multipurpose passenger vehicle or motorcycle, designed for carrying ten (10)persons or less), or multipurpose passenger vehicles (motor vehicle with motive power designed to carry ten (10) persons or less which is constructed either on a truck chassis or with special features for occasional off-road operation). All repair and service of vehicles shall be done within an enclosed building. c. C-4 District. This use is allowed within the C-4 district but it shall not be located on a lot that borders an arterial roadway. All repair functions must occur within enclosed buildings and exterior storage of vehicles in a damaged or disassembled condition must be adequately screened from rights-of-way and adjacent properties. d. PCD District. Automotive, minor repair is allowed as an accessory use to automobile rental, provided that the service and maintenance of the fleet vehicles is relegated to the rental operation and not open to the public. Automotive, minor repair is allowed as a principal use but conditional use approval is required. Uses listed as conditional uses would be considered permitted uses if the following conditions are met: (1) If shown on the originally approved master plan; (2) Uses will not be subject to the minimum acreage requirements of the C-3 zoning district if the site meets the minimum acreage requirement for rezoning to PCD; and (3) All portions of any building dedicated to such use are separated from residentially zoned property by a distance of two hundred (200) feet. e. M-1 District. Excluding the keeping of vehicles in violation of City of Boynton Beach Code of Ordinances, and excluding gasoline stations selling motor fuels at retail. Any exterior storage of motor vehicles or boats in a wrecked condition shall be permitted only in connection with a lawful principal use, and shall be adequately screened. f. PID District. Only allowed as an accessory use to a retail auto dealer, new or used. 63. Automotive, Major Repair. Excluding the keeping of vehicles in violation of the City of Boynton Beach Code of Ordinances, and excluding gasoline stations selling motor fuels at retail. Any exterior storage of motor vehicles or boats in a wrecked condition shall be permitted only in connection with a lawful principal use and shall be adequately screened. 64. Automotive Window Tinting/Stereo Installation/Alarms. a. C-2 District. Automotive window tinting/stereo installation/alarms is allowed as an accessory use to a gasoline station; merchandise, new (supercenter, discount, department, club); or an electronics & appliance store. Conditional use approval is required for this component of the establishment. b. C-3 district. (1) As an Accessory Use. Automotive window tinting/stereo installation/alarms is allowed as an accessory use to automobile rental,provided that the service and maintenance of the fleet vehicles is relegated to the rental operation and not open to the public. (2) As a Principal Use. Automotive window tinting/stereo installation/alarms is allowed as a principal use, provided that it is located on a lot that is at least five (5) acres. The following restrictions shall also apply, where applicable: (a) On sites of greater than five (5) acres and less than seventy-five (75) acres, all such uses shall be located in either a principal building of a shopping center or in a subordinate, stand-alone building and/or outparcel within a commercial master plan,provided that the subordinate stand-alone building and/or outparcel within a commercial master plan is not located between the principal building and an adjoining right-of-way or between the principal building and abutting residentially zoned property. (b) On sites of greater than seventy-five (75) acres all such uses will be allowed to be located in a separate building in a shopping center. For the purpose of this section, motor vehicles shall mean only motorcycles, mopeds,passenger cars (a motor vehicle with motive power, except a multipurpose passenger vehicle or motorcycle, designed for carrying ten (10) persons or less), or multipurpose passenger vehicles (motor vehicle with motive power designed to carry ten (10)persons or less which is constructed either on a truck chassis or with special features for occasional off-road operation). All repair and service of vehicles shall be done within an enclosed building. c. C-4 District. Automotive window tinting/stereo installation/alarms is allowed as an accessory use to automobile rental, provided that the service and maintenance of the fleet vehicles is relegated to the rental operation and not open to the public. d. PCD District. Automotive window tinting/stereo installation/alarms is allowed as an accessory use to automobile rental, provided that the service and maintenance of the fleet vehicles is relegated to the rental operation and not open to the public. Automotive window tinting/stereo installation/alarms is allowed as a principal use but conditional use approval is required. Uses listed as conditional uses would be considered permitted uses if the following conditions are met: (1) If shown on the originally approved master plan; (2) Uses will not be subject to the minimum acreage requirements of the C-3 zoning district if the site meets the minimum acreage requirement for rezoning to PCD; and (3) All portions of any building dedicated to such use are separated from residentially zoned property by a distance of two hundred (200) feet. e. M-1 District. Excluding the keeping of vehicles in violation of the City of Boynton Beach Code of Ordinances, and excluding gasoline stations selling motor fuels at retail. Any exterior storage of motor vehicles or boats in a wrecked condition shall be permitted only in connection with a lawful principal use and shall be adequately screened. 65. Check Cashing. a. C-3 District, C-4 District, and PCD District. Check cashing shall be limited to five thousand (5,000) square feet of gross floor area and must be located a minimum distance of two thousand, four hundred (2,400) feet from another such establishment, as measured by direct distance between property lines. The floor area of an existing check cashing establishment shall not be expanded in instances where located less than the minimum separation requirement. All new applications to operate such uses or applications for building permits to expand such uses shall be accompanied by an affidavit certifying compliance with this restriction. 66. Dry Cleaner. a. All Districts. Cleaning services are limited to retail customers and includes the alteration and/or repair of clothing. b. SMU District, MU-L1 District, MU-E2 District, MU-L3 District,MU-4 District and MU-HC District. On-site drop-off and pick-up is allowed as a permitted use; however, any cleaning or laundering activities conducted on the premises requires conditional use approval, and the floor area of such establishment cannot exceed two thousand (2,000) square feet. 67. Funeral Home. A funeral home is allowed as an accessory use to a cemetery. 68. Personal Care (Beauty, Hair,Nails). a. R-3 District, PUD District, C-2 District, C-3 District, C-4 District, CBD District,PCD District, all "Mixed Use" Districts and PID District. In these districts, body piercing and tattooing are allowed, but only as accessory to a lawful principal use. In the M-1 district however, such businesses are allowed as a principal use, but only in accordance with Section 3.D.4. above. 69. Pet Care (Boarding and Daycare). a. All Districts. Conditional use applications must include provisions for proper care and mitigation of potential impacts on adjacent properties. Pet care (boarding and daycare) is allowed as an accessory use to either a pet care (grooming) or pet care (veterinary services) establishment,but it requires conditional use approval if it exceeds twenty-five percent(25%) of the floor area or two thousand, five hundred (2,500) square feet, whichever is less. b. C-2 District, C-3 District, C-4 District, CBD District, SMU District, MU-b1 District, MU-E2 District, and PID District. No external kenneling is allowed in these districts, either as a principal or accessory use. c. PCD District. No external kenneling is allowed, either as a principal or accessory use. Uses listed as conditional uses would be considered permitted uses if the following conditions are met: (1) If shown on the originally approved master plan; (2) Uses will not be subject to the minimum acreage requirements of the C-3 zoning district if the site meets the minimum acreage requirement for rezoning to PCD; and (3) All portions of any building dedicated to such use are separated from residentially zoned property by a distance of six hundred (600) feet. d. M-1 District. External kenneling shall only be allowed for those establishments located in excess of six hundred (600) feet from residentially zoned property. Such uses shall also comply with the requirements of City Code of Ordinances Part II, Chapter 4, Section 4-4, except that the maximum enclosure size and area standards within 4-4(b)2.a. shall not apply. 70. Postal/Mail Center. a. All Districts. Storage of delivery trucks is prohibited. b. C-1 District. Allowed as an accessory use to a business or professional office or a medical or dental office. Gross floor area shall not exceed two thousand, five hundred (2,500) square feet. c. MU-4 District and MU-I4C District. This use shall be limited to a maximum gross floor area of two thousand, five hundred (2,500) square feet. 71. Repair, Rental, &Maintenance of Home/Garden Tools. a. C-3 District. Excluding exterior display or storage of merchandise. b. PCD District. Excluding exterior display or storage of merchandise. The repair and service of merchandise shall be permitted as either an accessory or principal use, for any merchandise, which is typically sold in the PCD district. 72. Hospital. A helipad(also known as a helistop) may be allowed as an accessory use to a hospital establishment, but it shall require conditional use approval. 73. Business or Professional Office. a. "Mixed Use"Districts. This use shall be integrated into a mixed use building or development. It must not 1) occupy more than fifty percent(50%) of the gross floor area of any given building or 2) exceed thirty percent(30%) of the gross floor area of the mixed use development. However,this requirement does not include those developments that contain such uses in excess of one hundred thousand (100,000) square feet. 74. Social Service Agency. a. R-2 District and R-3 District. (1) Location. Along the following roadway types as designated in the City of Boynton Beach Comprehensive Plan: Arterials and collectors. (2) Size. The maximum building size shall be limited to two thousand (2,000) square feet(per lot); however, for properties located within the boundaries of the Federal Highway Corridor Redevelopment Plan, the maximum building size may be larger, but not to exceed five thousand(5,000) square feet. (3) Design. Building design shall be consistent with surrounding residential styles. (4) Landscaping. A minimum buffer width of five (5) feet and a landscaping barrier shall be required for all parking and vehicle use areas, and outdoor recreation areas that abut single-family residential zoning districts. 75. Adult Entertainment. a. Finding of Fact. The city acknowledges that nude and exotic dancing and entertainment is an expression protected under the First Amendment of the Constitution of the United States. Such expression communicates a message to the intended audience but shall not be obscene, as defined by the courts, nor involve children. The Supreme Court has upheld local regulations that are not intended to preclude such protected expression, but rather to prevent the harmful side effects known as "secondary effects." Based on various reports, studies, and judicial opinions generated throughout the country, including within the State of Florida,the City of Boynton Beach finds it in the interest of health, safety,peace,property values, and general welfare of the people and businesses of the City of Boynton Beach to regulate said businesses to control the secondary effects associated with them. Secondary effects have been proven to include, in part, increased criminal activities,moral degradation, depreciation of property value, and harm to the economic welfare of the community as a whole. By limiting the location and concentration of such uses, by limiting the proximity of such uses to places of residence and public gathering, and by restricting the sale of alcohol within or nearby said establishments, the secondary effects referenced above will be avoided or minimized. Also contributing to the control of secondary effects are restrictions on operational characteristics, including the interaction between nude or partially nude entertainers, and patrons, customers, other employees and entertainers, given the threat they represent to the health of others through the spread of communicable and social disease. Requirements regarding buffers and stage designs are intended to protect public health while preserving the forms of expression intended by the protected nude and exotic entertainment. b. Terms and Definitions. See Chapter 1, Article II for all terms and definitions (e.g., alcoholic beverage establishment; nudity; partial nudity)pertaining to adult entertainment establishments. c. All Districts. In addition to the requirements of the underlying zoning district, other applicable general regulations, county licensing requirements, and City Code of Ordinances Part II, Section 3-6, the following requirements shall apply to adult entertainment establishments: _ (1) No adult entertainment establishment shall be located closer than seven hundred fifty(750) feet from any other adult entertainment establishment measured from lot boundary to lot boundary along a straight airline route, except when the property containing the adult entertainment establishment is separated from the above use by the I-95 right-of-way and CSX rights-of-way, or the Boynton (C-16) Canal right-of-way. (2) No adult entertainment establishment shall be located closer than seven hundred fifty(750) feet from any church use (house of worship); residential zoning district(including a mixed use district containing a residential component or a mixed use pod of a planned industrial development);public usage (PU) district; recreation district except where the subject property is a preserved natural area not accessible to the general public; or schools measured from lot boundary to lot boundary along a straight airline route, except when the property containing the adult entertainment establishment is separated from the above uses by the I-95 and CSX Railroad rights-of-way, or the Boynton(C-16) Canal right-of-way. 76. Artist Studio. a. C-3 District, C-4 District, CBD District, PCD District, and all "Mixed Use"Districts. The fabrication, bending, welding, assembly, or processing of any heavy metal,wood,plastic, or similar products shall only be allowed for establishments located within the M-1 district. 77. Entertainment, Indoor. a. C-2 District. Limited to amusement arcades and shall be only allowed in a shopping center located on an arterial roadway. b. M-1 District. Limited to indoor playground/play centers and amusement arcades only. 78. Entertainment, Outdoor. a. C-3 District and PCD District. Must be at least one thousand (1,000) feet from a residential use. 79. Marina, Including Yacht Club. a. All Districts. Marinas, including yacht clubs, are limited to the following uses: mooring and docking of private pleasure craft; sale of fuels and lubricants; occupancy of private craft as living quarters provided that such craft are connected to public sewer facilities; operation of drift and charter fishing boats and sightseeing boats; bait and tackle shops. b. IPUD District. Private marinas, as a principal use, requires the following: (1) Minimum lot area: Four(4) acres. (2) Minimum lot frontage: One hundred fifty (150) feet and minimum average width of two hundred (200) feet. (3) Maximum height: Forty-five (45)feet. (4) Principal land uses may include boat and yacht clubs, and private or public marinas (see Chapter 1, Article II, Definitions) contingent upon being located within an area identified with the"Preferred" siting designation by the 2007 Palm Beach County Manatee Protection Plan. However, major repairs and boatels, or residing on boats, shall be prohibited in the IPUD district. Additionally, all sale or minor repair of boats, or components thereof,shall only occur within a fully enclosed structure except as otherwise allowed by paragraph (6) below. The above noted principal uses, when combined with residential uses, in which the residential component occupies twenty-five percent(25%) or more of the total land area, shall be considered permitted uses, otherwise such marine uses shall require conditional use approval. (5) Boatels and the residing on boats shall be prohibited within the IPUD district, except that temporary stays shall be allowed for a maximum of three (3)nights within a twelve (12)-month period. (6) The following uses shall be allowed as accessory to one (1) of the principal marine uses described above: boat brokerages, ship's stores,tackle shops, maritime museums or other related educational uses, restaurants, boat ramps, and other launching facilities. (7) Marine-oriented and water dependent uses shall meet all the requirements of Section 3.C.5. above, except for subparagraph (a) in that a marina may be the sole principal use of a project and is not required as a component of a mixed usedevelopment containing dwelling units. (8) No outdoor dry storing or stacking of boats or other related items shall be allowed, except that outdoor displays are allowed for sales purposes as long as the boats are restricted to ground level display, are not visible from abutting rights-of-way or residential properties, and are not placed within landscape areas or required parking spaces. (9) Wash down and other post-use servicing shall be done within the dry storage building or within an enclosed structure (e.g., three-sided and roofed) designed and oriented to minimize external impacts. (10) Water used for flushing and other cleaning activities shall be properly pretreated prior to discharge into the stormwater system, and conservation measures shall be considered to facilitate reclamation/recycling. (11) No outdoor speakers shall be allowed other than for low volume music that is not audible off-site. (12) In addition to adhering to the city's sound regulations, no equipment, machines, or tools shall be used between the hours of 8:00 a.m. and 6:00 p.m. that generates noise unique to a residential neighborhood. (13) See Chapter 4, Article III, Section 3.G.6. for additional design regulations for commercial buildings and boat storage facilities. (14) Landscaping above and beyond the regulations cited elsewhere in this Code shall be required for all non-residential buildings in excess of forty thousand(40,000) square feet, in order to reduce the perceived scale and massing of such buildings. (15) The width of the foundation planting areas visible from streets or residential properties shall be fifty percent(50%) of the façade height. The applicant may submit an alternate planting plan that depicts the required screening/softening of the large building façades, however in no instance shall the planting area be less than twelve (12) feet in width. (16) The height of the plant material shall be in relation to the height of the adjacent façade or wall. Further,the height of fifty percent(50%) of the required trees or palms shall be a minimum of two-thirds (2/3) of the height of the building. One (1) canopy tree or a cluster of three (3)palm trees shall be installed within the foundation planting area every twenty (20) feet on center along each façade visible from streets or residential properties. Canopy and palm trees shall be distributed along the entire façade where foundation landscaping areas are required,with understory plant material arranged in the areas between the low growing shrubs and tree or palm canopies. The applicant may submit an alternate planting plan that depicts the rearrangement of plant material in order not to interfere with required building enhances discussed herein. (17) A perimeter landscape barrier shall be required between incompatible uses and/or zoning districts; or where there are differences in density, intensity, or building heights or mass; or for those certain uses requiring additional screening in order to shield outdoor storage or operations. The barrier shall consist of a decorative buffer wall of at least six (6) feet in height, in addition to a variety of densely planted trees, hedges and shrubs. In areas where sufficient width is provided or staff determines additional buffering is warranted, a berm may be required in addition to the above regulations. (18) The applicant shall demonstrate through site design and buffering how sound associated with the non-residential components of the project will be mitigated. 80. Rentals, Recreational (Bicycles, Canoes, Personal Watercraft). a. MU-L1 District, MU-L2 District, and MU-L3 District. Indoor storage/display only and shall not exceed ten thousand(10,000) square feet. 81. Sightseeing & Scenic Tours. a. All Districts. Vehicles used in support of the operation that are of a size in excess of a standard parking stall shall be stored in a zoning district where outdoor storage of vehicles is allowed. b. CBD District, MU-L1 District, MU-L2 District, MU-L3 District,MU-4 District and MU-}4C District. Sightseeing boats are allowed in conjunction with a marina, including yacht club. 82. Theater. All outdoor style theaters (i.e. band shell, amphitheater) require conditional use approval. 83. Cemetery. a. C-1 District, C-2 District, C-3 District, C-4 District, PCD District, MU-L1 District, MU-L2 District, and MU-L3 District. On parcels ten (10) acres or greater, a cemetery may be allowed as an accessory use to a funeral home establishment. 84. Church. a. R-1-AAB District, R-1-AA District, R-1-A District, and R-1 District. Expansions and improvements to, and redevelopment of pre-existing places of worship that do not meet the minimum lot standards of the zoning district, or the other requirements of Section 3.D.33 above shall be allowed in accordance with the following requirements: (1) Improvements shall only be allowed if the subject property was under proper ownership prior to the adoption of these regulations. Ownership shall be based on the records of the County Property Appraiser's Office. (2) Rights-of-way for primary access shall be adequate and improved in accordance with (Engineering Design Handbook and Construction Standards); (3) The size of building improvements shall be allowed up to a maximum of 100%of the pre- existing area. (4) Expansions that would increase operational space or capacity, shall require that all existing parking areas and related landscaping meet the requirements of the city's land development regulations. (5) Parking. Projects eligible for parking space reductions of the MLK Overlay District, shall be required to meet a minimum of seventy-five percent(75%) of the spaces required under Chapter 4,Article V, Section 3.D. (6) Non-conforming and blighted conditions. Expansions that increase operational space or capacity shall require improvements to all existing facilities to raise them to a similar appearance level as the proposed improvement and additions. Sidewalks shall be added where partially or totally absent along the boundary of the subject use. This requirement shall apply to all parcels used to support the principal use, including those lots that abut the principal lot or that are separated from the principal lot by other properties or rights-of-way. (7) Design. Additions or new facilities shall be designed to be compatible with its surroundings and/or adopted community redevelopment plan to further the historic and architectural character of the neighborhood. (8) No newly proposed physical improvements other than a wall/fence or landscaping shall be placed closer than thirty(30) feet from a parcel containing or zoned for a single-family residence. (9) Any outdoor play areas shall be located a minimum of thirty (30) feet from a parcel containing or zoned for single-family residence. (10) The foregoing conditions shall also apply to any repairs or reconstruction required due to damage from fire, a major storm event, or other natural occurrence. b. R-2 District and R-3 District. (1) Separation. Distances between residential properties and outdoor play areas shall be maximized. (2) Landscaping. A minimum buffer width of five (5) feet and a landscaping barrier shall be required for all parking and vehicle use areas, and outdoor recreation areas that abut single-family residential zoning districts. 85. Government, Municipal Office/Emergency/Civic Facilities. a. All Districts. Conditional use approval shall be required for gross floor area in excess of five thousand (5,000) square feet. 86. Government,Non-Municipal Office Facilities. a. All "Mixed Use," M-1 District, and PID District. This use shall be integrated into a multiple-tenant building. It must not 1) occupy more than fifty percent (50%) of the gross floor area of any given building; or 2) exceed thirty percent(30%) of the gross floor area of the mixed use development, where applicable. b. M-1 District. This non-industrial use is allowed within the M-1 district,provided that it 1) excludes a drive-up, drive-through, or drive-in facility; and 2) complies with all off-street parking requirements of Chapter 4, Article V. 87. Day Care. a. R-1-AAB District, R-1-AA District, R-1-A District, R-1 District, and PUD District. The following applies to facilities to be located within zoning districts limited to single-family homes: (1) Design. Building design shall be consistent with surrounding residential styles in accordance with Chapter 4, Article III, Section S.G. (2) Lot Size. A minimum of one-half(0.5) acre. (3) Separation. Minimum separation requirement between day cares shall be two thousand, four hundred (2,400) feet (this distance separation requirement should not apply to day care uses limited to specific groups such as church members, and should not be intended to place restrictive limits on the expansion/improvement of those uses existing prior to codification. b. R-2 District and R-3 District. (1) Location. Along the following roadway types as designated in the City of Boynton Beach Comprehensive Plan: arterials and collectors; (a) Lot size. A minimum of one-half(0.5) acre; (b) Landscaping. A minimum buffer width of five (5) feet and a landscaping barrier shall be required for all parking and vehicle use areas, and outdoor recreation areas that abut residential zoning districts. Distances between outdoor play areas shall be maximized; (c) Design. Building design shall be consistent with surrounding residential styles in accordance with Chapter 4, Article III, Section S.G. c. PCD District. Uses listed as conditional uses would be considered permitted uses if the following conditions are met: (1) If shown on the originally approved master plan; (2) Uses will not be subject to the minimum acreage requirements of the C-3 zoning district if the site meets the minimum acreage requirement for rezoning to PCD; and (3) All portions of any building dedicated to such use are separated from residentially zoned property by a distance of two hundred (200) feet. 88. Stone Cutting&Finishing. Conditional use approval shall be required if located within two hundred (200) feet of a residential zoning district or a Mixed Use Pod of a PID. 89. Storage, Boats/Motor/Recreational Vehicles. a. CBD District,MU-L2 District, MU-L3 District, and MU-FIC District. The wet storage of boats is allowed as an accessory use to a marina, including yacht club. The dry storage of boats shall be prohibited. b. M-1 District. No exterior storage of boats, motor, or recreational vehicles in a wrecked condition shall be permitted. (1) Landscaping. All exterior(temporary) storage of fleet vehicles shall be adequately screened. Additional buffering may be required as recommended by the Director of Planning and Zoning to ensure compatibility. (2) Lighting. If a facility abuts a residential zone, outdoor lighting fixtures shall be no more than twenty (20) feet in height and shall be shielded away from residential property. 90. Storage, Self-Service. a. All Districts. All self-storage facility uses shall comply with the following: (1) Rental Facility Office. A maximum of one thousand (1,000) square feet of the rental office may be devoted to the rental and/or sale of retail items used for moving and storage and including,but not limited to carton, tape and packing materials. (2) Security Quarters. A single residential unit for security purposes, not to exceed one thousand,two hundred(1,200) square feet may be established on the site of a self-service storage facility provided that said facilities are at least thirty thousand(30,000) square feet. This dwelling unit shall be considered a limited exception to the general prohibition of residential uses in industrial zones. The security quarters may continue only so long as the self-service storage facility remains active. The security quarters shall be for the exclusive use of, and shall be occupied only by a guard, custodian, caretaker, owner, manager, or employee of the owner of the facility, and respective family. (3) Use of Bays. The use of storage bays shall be limited to dead storage of household goods,personal property, or records for commercial businesses. Storage bays shall not be used to manufacture, fabricate or process goods; service or repair vehicles, boats, small engines or electrical equipment, or to conduct similar repair activities; conduct garage sales or retail sales of any kind; or conduct any other commercial or industrial activity. Individual storage bays or private postal boxes within a self-service storage facility shall not be considered a premises for the purpose of assigning a legal address in order to obtain approval or other governmental permit or license to conduct business. Other prohibited uses include storage, sale, salvage, transfer, or disposal of junk, scrap, garbage, offal, refuse, or other waste materials. Further: (a) The maximum size of a storage bay shall be limited to four hundred fifty (450) square feet. (b) Storage bay doors shall not face any abutting property that is residentially zoned or any public or private right-of-way. (c) Lighting. If a facility abuts a residential zone, outdoor lighting fixtures shall be no more than twenty(20) feet in height and shall be shielded away from residential property. (d) Loudspeakers. No exterior loudspeakers or paging equipment shall be permitted on- site. (e) Design. For all self-service storage facilities adjacent to or visible from any right-of-way, the following shall apply: (i) The exterior colors, façades, windows, roof and building materials of all structures located on-site shall be compatible with the character of or vision for the surrounding area. Self-service storage facilities shall incorporate design elements to achieve the effect of office structures. (ii) All façades viewable from rights-of-way shall provide variety and interest. These façades shall not exceed fifty (50) feet in length without visual relief by means of a vertical reveal at least one (1) foot in depth and ten (10) feet in width, a perceptible change in wall angle, or a corner. Other design attributes shall include, roof slope and materials, windows, awnings, fencing and other aesthetic elements. (f) Refuse. Dumpsters and trash receptacles shall be screened from view of adjacent lots and streets. (g) Exterior storage. (i) Vehicles shall not be stored within the area set aside for minimum building setbacks or in areas designated for landscaping buffering purposes. (ii) Pleasure boats stored on-site shall be placed and maintained upon wheeled trailers. No dry stacking shall be permitted on-site. (iii) The outside storage area shall be constructed with a dust-free surface. b. Multi-Access Self-Storage Facilities. In addition to the general standards above, multi-access self- service storage facilities shall comply with the following regulations: (1) Lot Size. The minimum lot size for a multi-access self-storage facility shall be two (2) acres. (2) Circulation. The following on-site circulation standards shall apply: (a) Interior: Interior loading areas shall be provided in the form of aisleways adjacent to the storage bays. These aisleways shall be used both for circulation and temporary customer parking while using storage units. The minimum width of these aisleways shall be twenty-five (25) feet if only one-way traffic is permitted, and thirty (30) feet if two-way traffic is permitted. A minimum width of twelve (12) feet between aisleways will be required when utilized for outdoor storage. (b) Flow: The one- or two-way traffic flow patterns in aisleways shall be clearly marked. Markings shall consist of standard directional signage and painted lane markings with arrows. (c) Access: Appropriate access and circulation by vehicles and emergency equipment shall be ensured through the design of internal turning of aisleways. (3) Height. Limited access and combination multi-access and limited-access self-service storage facilities shall conform to the maximum height for that district. The maximum height for multi-access self- service storage facilities shall not exceed twenty-five (25) feet. These heights will include any screening required to conceal air-conditioning or any other mechanical equipment. c. Limited Access Self-Storage Facilities. In addition to the general standards above, limited-access self- storage facilities shall comply with the following regulations: (1) Lot Size. The minimum lot size for a limited access self-storage facility shall be one (1) acre. (2) Loading. (a) Each entry point used to access hallways leading to the storage bays shall accommodate a minimum of two (2) loading berths and related maneuvering area. (b) The loading areas shall not interfere with the primary circulation system on-site. (3) Circulation. The following on-site circulation standard shall apply: (a) Interior. If a minimum twenty(20) feet accessway is provided adjacent to the building and serves no other use except the self-service storage facility, then the loading area may be established parallel and adjacent to the building. It will be required to satisfy current regulations for driveway accessibility dependent on one-way or two-way traffic. (i) One-way: 25 feet; and (ii) Two-way: 30 feet. d. SMU District, MU-L1 District, MU-1.2 District, and MU-L3 District. Only limited-access self-service storage facilities are allowed within mixed use districts. Multi-access self-service storage facilities are prohibited. (1) Location. Permitted only on lots fronting on major arterial roadways. Retail uses unrelated to the storage business are relegated to the ground-floor. Street frontages of the ground floor area shall be devoted to one (1) or more principal retail and office uses, not related to the self-storage use, to a depth of at least twenty (20) feet. (2) Driveways. Access to the self-service storage use portion of the structure shall not be from/to an arterial roadway and must be screened from public rights-of-way. (3) Design. Buildings shall be designed to have the appearance of a multi-story retail, office, and/or residential structure through the use of windows, shutters, and appropriate building elements on the upper floors. e. M-1 District. (1) Buffers. All perimeter buffers adjacent to residentially-zoned property shall contain a continuous wall or hedge and trees, installed no less than twenty-five (25) feet on-center. (2) Exterior Storage. In connection with a self-service storage facility, open storage of boats, motor, or recreational vehicles of the type customarily maintained by private individuals for their personal use and commercial vehicles shall be permitted provided the following: (a) The outdoor storage area shall not exceed forty percent(40%) of the area of the site. (b) Outdoor storage areas shall be entirely screened from public and private rights-of-way and non- industrial properties. Screening materials shall be comprised of a buffer wall, eight(8) feet in height, or by the project's principal and/or accessory building(s) or a combination thereof. Trees, installed no less than twenty- five (25) feet on-center, in conjunction with shrubs and/or other foundation plantings, shall be placed on the outside of the buffer wall, within a landscaping strip of at least five (5) feet in width. The shrubs and foundation plantings shall be at least four (4) feet in height at the time of installation. However, their inclusion may be waived by the Director of Planning and Zoning if determined to be unnecessary. 91. Boat Repair. a. Landscaping. All exterior(temporary) storage shall be adequately screened. Additional buffering may be required as recommended by the Director of Planning and Zoning to ensure compatibility. b. C-4 District. Shall not be located on a lot that borders an arterial roadway unless accessory to a Boat Dealer.No repair shall be allowed outside an enclosed structure, and exterior storage of boats and equipment must be adequately screened from adjacent rights-of-way and properties. c. M-1 District. The exterior storage of boats or equipment must be adequately screened from adjacent rights-of-way and properties. The dry stacking of any boats shall be prohibited. d. PID District. Only allowed as an accessory use to a retail boat dealer. 92. Carpet and Upholstery Cleaning Services. Permitted off-site only. 93. Contractor. a. Refuse. Dumpsters and trash receptacles shall be screened from view of adjacent lots and streets. b. C-4 District. (1) Location. This use is allowed within the C-4 district but it shall not be located on a lot that fronts on an arterial roadway. (2) Use(s) Allowed. (a) Office and showroom only as a permitted use. (b) Contractors' outdoor storage and workshop shall require conditional use approval if located within two hundred (200) feet of a residential zoning district. c. M-1 District. Contractors' outdoor storage and workshop shall require conditional use approval if located within two hundred (200) feet of a residential zoning district. 94. Lawn Maintenance &Landscaping Service. a. Refuse. Dumpsters and trash receptacles shall be screened from view of adjacent lots and streets. b. C-4 District. (1) Location. This use is allowed within the C-4 district but it shall not be located on a lot that fronts on an arterial roadway. (2) Use(s) Allowed. (a) Office and showroom only as a permitted use. (b) Outdoor storage and workshop shall require conditional use approval if located within two hundred (200) feet of a residential zoning district. 95. Radio & TV Broadcasting. Refer to the wireless communication facilities section in Chapter 3, Article V (Supplemental Regulations) of the Land Development Regulations. 96. Research &Development, Scientific/Technological. Excluding treatment, storage, or processing of human or animal bodies or body parts. Medical or scientific research which involves the use,treatment, storage, or processing of human or animal bodies or body parts would require conditional use approval. 97. Sewer/Septic & Waste Mgmt,Cleaning. This use excludes the storage,treatment, transfer, dumping, or disposal of waste on-premises. 98. Taxi, Limo, Charter Bus. a. C-2 District, C-3 District, C-4 District, CBD District, and PCD District. Office only; fleet vehicles shall be stored in a zoning district where storage, boats/motor/recreational vehicles is allowed. b. M-1 district.No exterior(temporary) storage of fleet vehicles in a wrecked condition shall be permitted. In addition, the following shall apply: (1) Landscaping. All exterior(temporary) storage of fleetvehiclesshall be adequately screened. Additional buffering may be required as recommended by the Director of Planning and Zoning to ensure compatibility. (2) Lighting. If a facility abuts a residential zone, outdoor lighting fixtures shall be no more than twenty (20) feet in height and shall be shielded away from residential property. (3) Loudspeakers. No exterior loudspeakers or paging equipment shall be permitted on-site. 99. Community Garden. a. All Districts. (1) Setbacks. The cultivation area shall be setback or designed (planted) a minimum distance so as to not violate any cross-visibility requirements and safe-sight standards required near vehicular use areas. (2) Design. Walkways shall be unpaved except as necessary to meet the needs of individuals with disabilities. (3) Parking. Community gardens shall be exempt from the off-street parking requirements of Chapter 4, Article V, Minimum Off-Street Parking Requirements. No vehicles, including harvesting machinery shall be stored on the subject property or within the abutting right-of-way, except that such vehicles may be on the property as necessary for completion of grading performed in accordance with a land development permit. See Chapter 2,Article III, Section 3 for the regulations pertaining to the land development permit. (4) Hours of Operation. No activity shall be conducted on-site between the hours of 9:00 p.m. and 7:00 a.m. (5) Exterior Lighting. No temporary or permanent exterior lighting shall be used beyond the lawful hours of operation. (6) Walls and Fences. Walls and fences shall be allowed and regulated in accordance with Chapter 3, Article V, Section 2. (7) Open Burning. The open burning of neighborhood gardens shall be prohibited. See City Code of Ordinances Part II, Chapter 9, Article II, Section 9-18 for the restrictions on open burning. (8) Signage. Pursuant to Chapter 4, Article IV, Section 1.E., a non-illuminated sign with non- commercial copy is allowed,provided that it does not exceed three (3) square feet in area. If proposed as a freestanding structure, the sign shall not be greater than four(4) feet in height and must be located at least ten (10) feet from any property line. - (9) Grading and Ground Elevation. The subject site shall not be excavated, graded, dredged, or filled to the extent that it would change existing drainage patterns or cause rainwater to outfall onto abutting properties or rights-of-way. b. Residential Districts. (1) IPUD District, PUD District, and MHP District. A community garden'shall only be allowed on lands considered common area by the homeowners or property owners' association or upon lots that are owned by such association. (2) Lot Size. The maximum lot size shall not exceed one-half(0.5) acre. (3) Freestanding Structures and Site Amenities. No freestanding structures or site amenities allowed under Chapter 3, Article V, Section 3 (e.g., sheds and storage containers, generators and fuel tanks, compost bins and tumblers, agricultural structures) shall be allowed. (4) Seed and Fertilizer. No seed or fertilizer shall be stored on-site. (5) Approval Process. A community garden shall require the approval of a zoning permit in accordance with Chapter 2, Article II, Section S.B. c. All Commercial and Mixed Use Districts. (1) Lot Size. The maximum lot size shall not exceed one (1) acre. (2) Separation. A community garden shall be separated from another community garden by a minimum of one thousand (1,000) feet. (3) Freestanding Structures and Site Amenities. Freestanding structures and site amenities, including but not limited to sheds and storage containers, generators and fuel tanks, compost bins and tumblers, or agricultural structures are allowed,provided that they are installed,placed, erected, or constructed in accordance with the respective provisions of Chapter 3, Article V, Section 3. (4) Lot Coverage. The ground area of all freestanding structures and site amenities allowed under Chapter 3, Article V, Section 3 that are installed, placed, erected, or constructed shall count towards lot coverage; and all of these, including principal structures, shall not exceed the maximum allowed by the respective zoning district. (5) Approval Process. A community garden shall require the approval of a zoning permit in accordance with Chapter 2, Article II, Section S.B. However,those containing storage and/or agricultural structures greater than one hundred (100) square feet as provided for in the Supplemental Regulations (Chapter 3, Article V, Section 3) shall require approval of conditional use and site plan applications in accordance with Chapter 2, Article II, Section 2. (6) Retail Sales. The on-site sale of fruits, vegetables, nuts, or herbs harvested on-site is allowed, but only in connection with the approval of a special event permit. Any temporary farm stand used during the special event period shall be no larger than seventy-two (72) square feet and seven (7) feet in height. No fruits, vegetables, nuts, or herbs harvested off-site or any products produced off-site shall be brought to the subject property and sold on-site. —100. Warehouse, showroom (single product line). a. All Districts (for recreational vehicles only). (1) Minimum property size for the particular use shall be ten (10) acres. (2) Must be located in a multi-tenant building. (3) Interior display of recreational vehicles is required. Ancillary display outside an enclosed building shall not exceed one and one-half(1-1/2)times the number of units displayed indoors. (4) If ancillary outdoor display is proposed,the property shall not be located on an arterial or collector roadway. (5) Only one row of recreational vehicles may be displayed between the building and any road right-of- way. No recreational vehicle may be displayed within ninety (90) feet of any road right-of-way. (6) No ancillary outdoor display shall occur within required parking spaces. (7) Location of ancillary outdoor display shall not obstruct or impede vehicular movements or pedestrian access. (8) Landscaping shall be in conformance with either"perimeter landscape buffer" or"landscape strip abutting right-of-way" requirements,whichever is applicable. (9) No maintenance shall occur on site. 101.. Medical Care or Testing(In-patient). Other requirements and site standards: a. Conditional use approval shall be required if there exists less than a fifty (50) foot setback between the subject use and an abutting residential ormixed use zoning district. This separation is intended to enable proper site design regarding secured access, private outdoor patron amenities, buffering, and the like. b. Site security shall be ensured through a minimum of surveillance cameras, limited and controlled access points, and operational procedures to restrict unauthorized and/or unarranged accessing or exiting of the facility and/or property. This subsection may be proven unnecessary based on the use or operation, surrounding land uses and/or site design. Justification shall be provided to staff in conjunction with site plan review or when applying for Certificate of Use approval. c. Privacy and access control shall be ensured through a minimum of perimeter fencing and landscape buffering intended to support the objective to control access and increase privacy of areas intended for client or patient use. This subsection may be proven unnecessary based on the use or operation, surrounding land uses and/or site design. Justification shall be provided to staff in conjunction with site plan review or when applying for Certificate of Use approval. d. In addition to the locational restriction of footnote No. 14 (arterial roadway frontage), allowed locations within the CRA shall exclude Planning Areas#2, #3, and#4 as defined within the Federal Highway Corridor Community Redevelopment Plan Update adopted in 2006, and the Boynton Beach Boulevard corridor. The intent of this standard is to reserve certain areas within the CRA to those uses that contribute to, and enhance, the entries into the downtown,the fabric of the streetscape, harmonious land use relationships, downtown retail and commerce, and other urban development efforts that establish a sense of place along the key routes leading to, and within, the downtown pursuant to an adopted redevelopment plan. 102. Pre-existing. Such pre-existing uses which are no longer allowed uses pursuant to amendments to the Zoning Matrix shall not be construed as non-conforming uses. However, major modifications to such uses shall be in accordance with the conditional use approval process if required pursuant to the Zoning Matrix, and adhere to the site design and operational restrictions of the applicable footnotes. 103. Landscape Debris Stockpiling. a. The commercial stockpiling of landscaping debris is allowed as a conditional use in the M-1 zoning district subject to the following conditions: 1) Prior to commencing the operation of a landscaping debris storage site, a property owner must first obtain a Business Tax Receipt and Certificate of Use from the city. 2) A site plan notated to show operational components of the storage facility (i.e. access, storage area, setback, etc). 3) No stockpiling of landscaping debris shall be permitted on properties of less than 0.5 acres. 4) A minimum 20-foot wide stabilized all weather access road around the perimeter of the stockpile. 5) All stored landscaping debris shall be setback at least 30 feet from any residential property line and 25 feet from all other property lines. 6) All storm water drainage shall be maintained on the site by appropriate infrastructure and improvements as approved by the City Engineer or his or her designees. 7) No chipping of stockpiled debris is permitted on the site. 8) The perimeter of a storage site shall be screened with a wall or fence that obstructs the view of the storage area from adjacent properties, except where such use abuts a residential zoning district screening shall also include landscape elements that meet the intent of the Landscape Barrier as defined in Chapter 4, Article II of the Land Development Regulations. 9) The hours of operation shall be limited to 8:00 a.m. to 6:00 p.m. Monday through Friday and Saturday from 8:00 a.m. to 2:00 p.m. or as established during the conditional use approval process. 10) Access to operations shall be only from a public right-of-way. In no case, shall a delivery or removal of the stored landscaping debris utilize a private road or alley serving residential uses for access. 11) The delivery, removal and storage shall utilize dust control measures. 12) Debris piles shall nol be placed on surfaces intended or designed for open space, or for parking or vehicle circulation. 13) Storage areas shall include fire protection monitoring, alert and suppression systems as approved by the City Fire Marshal.The following are minimum requirements which must be demonstrated to obtain Fire Marshal approval: a) No pile shall be higher than 10 feet. During any declared drought the height shall be limited to six feet. b) All piles shall be covered with a"breathable blanket" or site provided with a sprinkler system approved by the City Fire Marshal. c) All piles shall be secured behind a fence or other approved barrier that will be locked at all times when not in use. d) Because of the health hazards from the rotting vegetation and the vermin that may live there and the fire hazard these piles shall be a minimum of 25 feet from any commercial building and 40 feet from any residence. e) A working garden hose shall be at the ready at all times to put out small spot fires. f) Each pile shall be churned at least once per week and so noted on a roster to be maintained onsite and made available to a Fire Department representative on request. b. These provisions shall be in effect until August 22, 2018 as a pilot program and shall sunset unless extended or made a permanent part of these regulations by a subsequent ordinance of the city. (Ord. 10-025,passed 12-7-10; Am. Ord. 11-002, passed 3-1-11; Am. Ord. 11-018,passed 7-5-11; Am. Ord. 11- 023,passed 10-4-11; Am. Ord. 11-028,.passed 10-18-11; Am. Ord. 12-006,passed 4-17-12; Am. Ord. 12-010, passed 6-19-12; Am. Ord. 13-020,passed 7-2-13; Am. Ord. 13-025,passed 10-1-13; Am. Ord. 13-029,passed 11-19-13; Am. Ord. 15-002,passed 3-17-15; Am. Ord. 15-003,passed 3-17-15; Am. Ord. 15-019,passed 8-18- 15; Am. Ord. 15-030,passed 11-3-15; Am. Ord. 16-010,passed 7-5-16; Am. Ord. 16-011,passed 7-5-16; Am. Ord. 16-023,passed 1-3-17; Am. Ord. 17-005,passed 2-21-17)