18-018 1 ORDINANCE 18-018
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4 AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA
5 APPROVING AN AMENDMENT TO PART III, LAND DEVELOPMENT
6 REGULATIONS, CHAPTER 3, ARTICLE IV, SECTION 3.D., ZONING
7 MATRIX AND NOTES, NUMBER 103, STRIKING "PILOT" PROGRAM
8 LANGUAGE; PROVIDING FOR CONFLICT, SEVERABILITY,
9 INCLUSION; AND EFFECTIVE DATE.
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12 WHEREAS, on August 18, 2015 the City Commission adopted Ordinance 15-019
13 determining that the stockpiling of commercial landscape debris is a proper conditional use of
14 property in the M-1 zoning district provided certain conditions necessary for assuring the
15 health safety and welfare of the public are met; and
16 WHEREAS, the pilot program created by Ordinance 15-019 was extended by
17 Ordinance 17-005 and is set to expire on August 22, 2018; and
18 WHEREAS, private vegetation recycling services augments Palm Beach County's
19 waste management system which does not have capacity to recycle the volume of vegetation
20 waste generated countywide; and
21 WHEREAS, such regulations would support sustainable business practices through
22 the recycling of vegetation waste for mulch and compost products, facilitating the ultimate
23 return of such organic materials back to the earth.
24 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
25 THE CITY OF BOYNTON BEACH, FLORIDA:
26 Section 1. That the foregoing "WHEREAS" clause is true and correct and hereby
27 ratified and confirmed by the City Commission.
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28 Section 2. That Part III, "Land Development Regulations", Chapter 3, "Zoning",
29 Article IV, Section 3.D. Zoning Matrix and Note#103 is hereby amended as follows:
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31 103. Landscape Debris Stockpiling.
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33 a. The commercial stockpiling of landscaping debris is allowed as a conditional use
34 in the M-1 zoning district subject to the following conditions:
35 1) Prior to commencing the operation of a landscaping debris storage site, a
36 property owner must first obtain a Business Tax Receipt and Certificate of Use from the
37 city.
38 2) A site plan notated to show operational components of the storage facility (i.e.
39 access, storage area, setback, etc).
40 3) No stockpiling of landscaping debris shall be permitted on properties of less than
41 0.5 acres.
42 4) A minimum 20-foot wide stabilized all weather access road around the perimeter
43 of the stockpile.
44 5) All stored landscaping debris shall be setback at least 30 feet from any
45 residential property line and 25 feet from all other property lines.
46 6) All storm water drainage shall be maintained on the site by appropriate
47 infrastructure and improvements as approved by the City Engineer or his or her designees.
48 7) No chipping of stockpiled debris is permitted on the site.
49 8) The perimeter of a storage site shall be screened with a wall or fence that
50 obstructs the view of the storage area from adjacent properties, except where such use
51 abuts a residential zoning district screening shall also include landscape elements that
52 meet the intent of the Landscape Barrier as defined in Chapter 4, Article II of the Land
53 Development Regulations.
54 9) The hours of operation shall be limited to 8:00 a.m. to 6:00 p.m. Monday
55 through Friday and Saturday from 8:00 a.m. to 2:00 p.m. or as established during the
56 conditional use approval process.
57 10) Access to operations shall be only from a public right-of-way. In no case, shall
58 a delivery or removal of the stored landscaping debris utilize a private road or alley
59 serving residential uses for access.
60 11) The delivery, removal and storage shall utilize dust control measures.
61 12) Debris piles shall not be placed on surfaces intended or designed for open
62 space,or for parking or vehicle circulation.
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63 13) Storage areas shall include fire protection monitoring, alert and suppression
64 systems as approved by the City Fire Marshal. The following are minimum requirements
65 which must be demonstrated to obtain Fire Marshal approval:
66 a) No pile shall be higher than 10 feet. During any declared drought the height
67 shall be limited to six feet.
68 b) All piles shall be covered with a "breathable blanket" or site provided with a
69 sprinkler system approved by the City Fire Marshal.
70 c) All piles shall be secured behind a fence or other approved barrier that will be
71 locked at all times when not in use.
72 d) Because of the health hazards from the rotting vegetation and the vermin that
73 may live there and the fire hazard these piles shall be a minimum of 25 feet from any
74 commercial building and 40 feet from any residence.
75 e) A working garden hose shall be at the ready at all times to put out small spot
76 fires.
77 f) Each pile shall be churned at least once per week and so noted on a roster to be
78 maintained onsite and made available to a Fire Department representative on request.
79 b. These provisions shall be in effect until August 22, 2018 as a pilot program and
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81 subsequent ordinance of the city.
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83 Section 3. All prior ordinances or resolutions or parts thereof in conflict herewith are
84 hereby repealed to the extent of such conflict.
85 Section 4. If any section, sentence, clause, or phrase of this Ordinance is held to be
86 invalid or unconstitutional by any court of competent jurisdiction, then said holding shall in no
87 way affect the validity of the remaining portions of this Ordinance.
88 Section 5. It is the intention of the City Commission of the City of Boynton Beach,
89 Florida, that the provisions of this Ordinance shall become and be made a part of the City of Boynton
90 Beach Code of Ordinances; and that the sections of this ordinance may be renumbered or re-lettered
91 and the word "ordinance" may be changed to "section," "article," or such other appropriate word or
92 phrase in order to accomplish such intentions.
93 Section 6. Authority is hereby given to codify this Ordinance.
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94 Section 7. This Ordinance shall be effective immediately after adoption by the City
95 Commission.
96 FIRST READING this 17th day of July, 2018.
97 SECOND AND FINAL READING ADOPTED this Tilldayof fjur fr, 2018.
98 CITY OF BOYNTON BEACH, FLORIDA
99 YES NO
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101 Mayor— Steven B. Grant e/
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103 Vice Mayor—Christina L. Romelus
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105 Commissioner—Mack McCray
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107 Commissioner—Justin Katz
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109 Commissioner—Joe Casello ')
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112 VOTE
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114 ATTEST:
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118 Judit • . Pyle, CM
119 City filerk
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122 (Corporate Seal)
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