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19-007 I 1 ORDINANCE NO. 19-007 2 3 4 AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA 5 AMENDING THE LAND DEVELOPMENT REGULATIONS 6 CHAPTER 3 "ZONING", ARTICLE V "SUPPLEMENTAL 7 REGULATIONS", SECTION 3E, "SHEDS AND STORAGE 8 CONTAINERS"; PROVIDING FOR CONFLICTS, SEVERABILITY, 9 CODIFICATION AND AN EFFECTIVE DATE. 10 11 12 WHEREAS, the locating of sheds on corner lots can present some difficulties, as a 13 result of the builder constructing the residence with large building setbacks from both street 14 rights-of-way; and 15 WHEREAS, this condition may result in limited back and side yards for siting 16 accessory structures such as sheds and in some instances, property owners have subsequently 17 constructed a screened porch, a patio, or a pool, and have little or no useable yard due to the 18 original construction of the house; and 19 WHEREAS, the purpose of this suggested amendment is to eliminate the loss of 20 useable yard characteristic of many corner lot properties due to large setbacks. 71 NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF 22 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 23 Section 1. The foregoing whereas clauses are true and correct and are now ratified 24 and confirmed by the City Commission. 2 Section 2. City of Boynton Beach Land Development Regulations, Chapter 3, 26 "Zoning", Article V "Supplemental Regulations", Sec. 3E "Sheds and Storage Containers is 27 hereby amended as follows: 28 Sec. 3. Common Building Appurtenances, Freestanding Structures, and Site Amenities, 29 Excluding Walls and Fences. 30 E. Sheds and Storage Containers. S:\CA\Ordinances\LDR Changes\Sheds and storage structures(Ch 3 Art V)-Ordinance.docx 31 1. Permanent Sheds and Storage Structures. Permanent sheds and storage structures may be 32 designed either attached (to) or detached from the principal building, and shall comply with 33 the following regulations: 34 a. Location and Size. 35 (1) Sheds and storage structures shall not be allowed within the required front or corner side 36 yards, including forward of the front or side corner building lines;, except as follows: 37 (a) In order to provide relief for those properties with restricted development footprint as 38 a result of providing two (2) front setbacks from abutting rights-of-way, a shed or storage 39 structure that is one hundred (100) square feet or less may be placed in a side corner yard, 40 provided it is setback a minimum of twelve and one-half(12.5) feet from the side corner 41 property line, and no closer than twenty-five (25) feet from the front property line. A 42 maximum of one (1) shed may be permitted within this reduced setback. Please refer to 43 Section 3.E.1.c. below for proper screening requirements; 44 (2) Sheds and storage structures that are one hundred (100) square feet or less shall be 45 setback at least three (3) feet from the rear and interior side property lines. The maximum 46 height of any shed or storage structure shall be eight (8) feet for flat roofs or a mean height 47 of nine (9) feet for sloped roofs; 48 (3) Sheds and storage structures greater than one hundred (100) square feet or in excess of 49 the height restriction of subparagraph E.1.a.(2) above shall comply with the minimum 50 setbacks required for the principal building. The maximum allowable height of the shed or 51 storage structure shall not exceed the zoning district regulations for which it is located or the 52 roofline of the principal building, whichever is more restrictive; and 53 (4) All attached sheds or storage structures shall have exterior access only; no access from 54 within the principal building is allowed. 55 b. Number of Structures. A lot may contain more than one (1) shed or storage structure; 56 however,any additional structure shall comply with the minimum setbacks required for the 57 principal building, regardless of size. 58 c. Screening. Sheds and storage structures shall be effectively screened with a wall, fence, 59 landscape material, or a combination thereof, installed at a height no less than one-half the 60 height of the shed or storage structure,where visible from an abutting property or right-of- 61 way. 62 d. Miscellaneous. See Section 3.E.2. below for additional regulations regarding the use of 63 mobile and temporary storage container units. Sheds and storage areas that are designed 64 and used in connection with fire escapes or unenclosed staircases shall be regulated in 65 accordance with Section 3.A.4. above. 66 2. Mobile and Temporary Storage Container Units. Mobile and temporary storage container 67 units shall only be allowed in residential zoning districts and must comply with the following 68 regulations: S:\CA\Ordinances\LDR Changes\Sheds and storage structures(Ch 3 Art V)-Ordinance.docx -2- 69 a. Number of Units. Only one (1) mobile or temporary storage container unit may be allowed 70 per lot for a single-family or duplex home. A maximum of two (2) units may be allowed at 71 any given time within multi-family developments. 72 b. Location. Mobile or temporary storage container units shall not be located within rights- 73 of-way and must comply with the following location criteria: 74 (1) Single-family or Duplex Homes. The units shall only be allowed within the required front 75 or corner side yards if placed on a driveway or other hard surfaced area,and setback at least 76 five (5) feet from any property line. The unit shall not be allowed within the required rear 77 and side interior yard, or the space allotted for the principal building. 78 (2) Multi-family Developments: 79 (a) The location of units shall be restricted to guest parking spaces or other designated 80 overflow parking areas; 81 (b) The location of the units shall not interfere with any emergency or service vehicle 82 operations; 83 (c) The units shall be setback at least five (5)feet from all property lines; 84 (d) The units shall not be placed in tandem with each other within one (1) parking space; 85 and 86 (e) The units shall not be stacked on top of each other. 87 c. Dimensions. The size of a mobile or temporary storage container unit shall not exceed the 88 following dimensions: 89 (1) Maximum width of eight(8) feet; 90 (2) Maximum depth of sixteen (16)feet; 91 (3) Maximum height of eight (8)feet; and 92 (4) Maximum floor area of one hundred twenty-eight (128) square feet. 93 d. Time Limit. The maximum time for a mobile or temporary storage container unit to remain 94 on a property shall be forty-five (45) days. 95 e. Maintenance. The mobile or temporary storage container unit shall be maintained in good 96 condition,free from evidence of deterioration, rust, holes, or breaks. The unit shall be kept 97 locked when not in use. 98 f. Prohibition of Hazardous Materials. The owner, supplier, or tenant shall ensure that no 99 hazardous substances shall be stored or kept in the mobile or temporary storage container 100 unit. 101 102 S:\CA\Ordinances\LDR Changes\Sheds and storage structures(Ch 3 Art V)-Ordinance.docx -3- 103 104 105 Section 3. Each and every other provision of the Land Development Regulations 106 not herein specifically amended, shall remain in full force and effect as originally adopted. 107 Section 4. All laws and ordinances applying to the City of Boynton Beach in 108 conflict with any provisions of this ordinance are hereby repealed. 109 Section 5. Should any section or provision of this Ordinance or any portion 110 thereof be declared by a court of competent jurisdiction to be invalid, such decision shall not 111 affect the remainder of this Ordinance. 112 Section 6. Authority is hereby given to codify this Ordinance. 113 Section 7. This Ordinance shall become effective immediately. 114 FIRST READING this /c Clay of 7;4 uu oit , 2019. 115 SECOND, FINAL READING AND PASSAGE this .54-111 day of isitti ic, 2019. 116 CITY OF BOYNTON BEACH, FLORIDA 117 118 YES NO 119 120 Mayor—Steven B. Grant •� 121 122 Vice Mayor—Christina L. Romelus 123 / 124 Commissioner—Mack McCray 125 / 126 Commissioner—Justin Katz 127 128 Commissioner—Aimee Kelley 129 130 �ra 131 VOTE 132 133 ATTES 0 o • 135 �,� , 7`A a• �" �' •o�.�QRrFo . . � 13 p�;$� • 136 Judith 'j Pyle, CMC , 137 City Cl k 1q • 13 85, ' ..•*� S:\CA\Ordinances\LDR Changes\Sheds and storage structures(Ch 3Att�Y�� rdO prtfbcx -4- DEPARTMENT OF DEVELOPMENT PLANNING AND ZONING `.�_ /V Memorandum PZ 18-069 TO: Chair and Members Planning& Development Board FROM: Ed Breese Planning and Zoning Administrator DATE: December 10, 2018 RE: Approve modifications to parking requirements (CDRV 19-001) - Amending the LAND DEVELOPMENT REGULATIONS, Chapter 4. Zoning, Article V. Minimum Off-Street Parking Requirements, Section 2.A. & B., to revise parking requirements for residential uses, and modifications to shed requirements (CDRV 19-002) — Amending the LAND DEVELOPMENT REGULATIONS, Chapter 3. Zoning, Article V. Supplemental Regulations, Section 3.E., to increase potential siting locations for permanent sheds and storage structures. EXPLANATION Parking Amendments In an effort to continue to move the City towards a greener, more sustainable environment, staff is recommending to reduce the required parking standards for certain residential uses. The proposed changes are based on the continued analysis of the City's minimum parking requirements applicable to residential land uses, as started last year in conjunction with the first test of regulations (CDRV 17- 006) intended to address parking deficiencies documented in certain areas of the city and possibly associated with overbuilt or expanded houses, group homes, vacation rentals, etc. Those regulations resulted in revisions to the parking requirements to mandate a parking space be provided for each bedroom of the dwelling unit, and for those dwelling units with five (5) or more bedrooms, 1.5 parking spaces per bedroom. The unintended impacts of increasing parking requirements for home expansions and group homes, applied to all residential categories, has the consequences of adversely impacting developments that may have lower than the typical vehicle ownership / parking demand. These proposed minor adjustments to the current regulations are intended to consider the automobile ownership characteristics unique to household types, including those with lower than average incomes and age restricted developments, development sustainability, and environmentally sensitive design, while maintaining what staff believes is a reasonable and adequate parking requirement. The proposed revisions would create greater opportunities for increased landscaping, and pervious area through the reduction in the amount of pavement on residential sites. In essence, the proposed amendments would: Parking&Shed Amendments(CDRV 19-001 &19-002) Memo PZ No.18-069 • Distinguish between, and create separate requirements for, 1) the construction of a new single-family or two-family structure; 2) expansions to single-family or two-family structures which create additional bedrooms; 3) change of use and/or occupancy of single- family or two-family structures, as well as those requiring a certificate of use and business tax receipt; and 4) new single-family subdivisions or planned developments with attached or detached single-family dwellings. • Allow flexibility, facilitate cost savings, and support sustainable design by reducing unneeded impervious surfaces. • Remove multi-family developments from the previous regulations. • Retain the language created under CDRV 17-006 which limited the amount of the front yard that could be paved for parking purposes to 40%, thus preserving the amount of greenspace. The suggested parking amendments can be best described below: 1. Creation of four (4) categories of regulations for parking for single-family and two-family structures as opposed to the one(1) scenario contained in Code Review 17-006. 2. The first category is for the construction of a new single-family or two-family structure, in which parking required will be a minimum of two (2) parking spaces or one (1) per bedroom whichever is greatest. For those structures with five (5) or more bedrooms, the required parking greater than four (4) spaces would be noted on the permit drawings, labeled as a future parking space, and sited and designed to conform to City standards. This provision would establish how the additional space(s) can be accommodated if needed in the future, to prevent overflow of vehicles onto lawn areas or the public right-of-way. 3. The second category is for expansions to single-family or two-family structures, in which bedrooms are added. In this instance, only the new bedrooms are subject to providing additional parking. 4. The third category is for existing single-family or two-family structures which undergo a change in use or occupancy, or are required a certificate of use or business tax receipt. In these instances, a minimum of two (2) parking spaces or one (1) per bedroom whichever is greatest. 5. The fourth and last category is for new single-family subdivisions or planned developments with attached or detached single-family dwellings. These typically larger developments may submit a detailed justification through a parking study or analysis for staff review in determination of the required parking ratio. 6. Additionally, as part of this amendment, multi-family developments are removed from these same requirements adopted under CDRV 17-006 (see Attachment "A"for greater detail of the proposed amendments to the parking regulations). Shed and Storage Structures Amendment The locating of sheds on corner lots can present some difficulties, as a result of the builder constructing the residence with large building setbacks from both street rights-of-way. This condition may result in limited back and side yards for siting accessory structures such as sheds. In some instances, property owners have subsequently constructed a screened porch, a patio, or a pool, and -2- Parking&Shed Amendments(CDRV 19-001 &19-002) Memo PZ No.18-069 have little or no useable yard due to the original construction of the house. The purpose of this suggested amendment is to eliminate the loss of useable yard characteristic of many corner lot properties due to large setbacks. (see Attachment "B"for greater detail of the proposed amendments associated with locating sheds and storage structures). CONCLUSION/RECOMMENDATION Staff proposes these code amendments to in an effort to equitably impose parking requirements across a variety of single-family and two-family home development scenarios, and to provide greater options for placement of sheds and storage structures on corner lots. Attachments S:\Planning\SHARED\WP\SPECPROJ\CODE REVIEW\CDRV 19-001&19-002\Staff Report.doc -3- ATTACHMENT "B" LAND DEVELOPMENT REGULATIONS, Chapter 3. Zoning,Article V. Supplemental Regulations Sec. 3. Common Building Appurtenances, Freestanding Structures, and Site Amenities, Excluding Walls and Fences. E. Sheds and Storage Containers. 1. Permanent Sheds and Storage Structures. Permanent sheds and storage structures may be designed either attached (to)or detached from the principal building, and shall comply with the following regulations: a. Location and Size. (1) Sheds and storage structures shall not be allowed within the required front or corner side yards, including forward of the front or side corner building lines;,except as follows: (a) In order to provide relief for those properties with restricted development footprint as a result of providing two(2)front setbacks from abutting rights-of-way,a shed or storage structure that is one hundred (100) square feet or less may be placed in a side corner yard. provided it is setback a minimum of twelve and one-half(12.5)feet from the side corner property line,and no closer than twenty-five (25)feet from the front property line.A maximum of one (1)shed may be permitted within this reduced setback. Please refer to Section 3.E.1.c. below for proper screening requirements; (2) Sheds and storage structures that are one hundred (100)square feet or less shall be setback at least three (3)feet from the rear and interior side property lines. The maximum height of any shed or storage structure shall be eight (8)feet for flat roofs or a mean height of nine (9)feet for sloped roofs; (3) Sheds and storage structures greater than one hundred (100) square feet or in excess of the height restriction of subparagraph E.1.a.(2) above shall comply with the minimum setbacks required for the principal building. The maximum allowable height of the shed or storage structure shall not exceed the zoning district regulations for which it is located or the roofline of the principal building,whichever is more restrictive;and (4) All attached sheds or storage structures shall have exterior access only; no access from within the principal building is allowed. b. Number of Structures. A lot may contain more than one(1)shed or storage structure;however, any additional structure shall comply with the minimum setbacks required for the principal building, regardless of size. c. Screening.Sheds and storage structures shall be effectively screened with a wall,fence,landscape material, or a combination thereof, installed at a height no less than one-half the height of the shed or storage structure,where visible from an abutting property or right-of-way. d. Miscellaneous. See Section 3.E.2. below for additional regulations regarding the use of mobile and temporary storage container units. Sheds and storage areas that are designed and used in connection with fire escapes or unenclosed staircases shall be regulated in accordance with Section 3.A.4.above. 2. Mobile and Temporary Storage Container Units. Mobile and temporary storage container units shall only be allowed in residential zoning districts and must comply with the following regulations: a. Number of Units. Only one(1) mobile or temporary storage container unit may be allowed per lot for a single-family or duplex home. A maximum of two(2) units may be allowed at any given time within multi-family developments. b. Location. Mobile or temporary storage container units shall not be located within rights-of-way and must comply with the following location criteria: (1) Single-family or Duplex Homes. The units shall only be allowed within the required front or corner side yards if placed on a driveway or other hard surfaced area, and setback at least five (5)feet from any property line. The unit shall not be allowed within the required rear and side interior yard,or the space allotted for the principal building. (2) Multi-family Developments: (a) The location of units shall be restricted to guest parking spaces or other designated overflow parking areas; (b) The location of the units shall not interfere with any emergency or service vehicle operations; (c) The units shall be setback at least five(5)feet from all property lines; (d) The units shall not be placed in tandem with each other within one(1) parking space; and (e) The units shall not be stacked on top of each other. c. Dimensions. The size of a mobile or temporary storage container unit shall not exceed the following dimensions: (1) Maximum width of eight(8)feet; (2) Maximum depth of sixteen (16)feet; (3) Maximum height of eight(8)feet;and (4) Maximum floor area of one hundred twenty-eight(128)square feet. d. Time Limit. The maximum time for a mobile or temporary storage container unit to remain on a property shall be forty-five(45)days. e. Maintenance. The mobile or temporary storage container unit shall be maintained in good condition, free from evidence of deterioration, rust, holes, or breaks. The unit shall be kept locked when not in use. f. Prohibition of Hazardous Materials. The owner, supplier, or tenant shall ensure that no hazardous substances shall be stored or kept in the mobile or temporary storage container unit.