O96-51ORDINANCE NO. O96-_4"/
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA AMENDING
CHAPTER 2, ZONING. OF THE LAND
DEVELOPMENT REGULATIONS, BY AMENDING
SECTION 4. "GENERAL PROVISIONS".; BY
AMENDING SECTION 5. "RESIDENTIAL DISTRICT
REGULATIONS AND USE PROVISIONS"; BY
AMENDING SECTION 6. "COMMERCIAL DISTRICT
REGULATIONS AND USE PROVISIONS"; BY
AMENDING SECTION 7. "PLANNED INDUSTRIAL
DEVELOPMENT DISTRICT"; BY AMENDING
SECTION 9. . "ADMINISTRATION AND
ENFORCEMENT"; BY AMENDING SECTION 10,
"BOARD OF ADJUSTMENT"; BY AMENDING
SECTION 11, "SUPPLEMENTAL REGULATIONS"; BY
AMENDING SECTION 11.1. "NONCONFORMING
USES AND STRUCTURES"; BY AMENDING SECTION
11.3, "ENVIRONMENTAL REVIEW PERMITS";
PROVIDING FOR CONFLICTS, SEVERABILITY,
CODIFICATION AND AN EFFECTIVE DATE.
WHEREAS, it has come to the attention of the City Commission of the City
of Boynton Beach that some clarification is required regarding certain Sections and
Articles in the recently adopted Land Development Regulations; and
WHEREAS, upon recommendation of staff, the City Commission of the City
of Boynton Beach has deemed it to be in the best interests of the citizens and
residents of the City of Boynton Beach to amend these Land Development
Regulations;
NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section 1.
Chapter2. LDR
Rev. 11/1/96, Rev. 12/6/96
That Chapter 2.
Section 4. General provisions, is hereby
amended by adding the words and figures in underlined type and by deleting the
words and figures in struck-through type, as follows:
VISUAL OBSTRUCTIONS. No fence, sign, planting, hedge,
shrubbery, wall or other visual obstruction shall be created or
maintained with a height greater than three (3)-feet two feet six
inches above the street level, within twenty-five (25) feet of the
intersection of the right-of-way lines of two (2) streets, in any zone,
except that open chain-link type fences may be a maximum of four (4)
feet and kept visually clear.
Chapter2.LDR
Rev. 11/1/96~ Rev. 12/6196
SATELLITE DISH ANTENNAE. For the purpose of clarifyin,q
regulations, satellite dish antennae are hereby classified into
two groups. Group A antennae are those that will fit within a
one meter cube. Group B antennae are those that will not fit
within a one meter cube. All antennae in both groups are
allowed in all zoning districts, subject to the following criteria:
~ATI=I I ITl:: I"~I~W AKITI=:KIKIAI:=
a. General provisions:
(1) No ~oup B ~te~ite ~sh ante~a sh~ be installed or
mottled Mthout first obt~ng a per~t ~om the
development department.
(2) ~ apportions for the ~afion of Group B satellke
dish ~te~ae sh~l be accompmed by proper
ce~ification t~t the inst~ation M~ Mthst~d a
Catego~ 2 h~cane ~d is adequately gro~ded for
protection ~om a direct ~ght~ng strike.
(3) Sate~te ~sh ~tennae shall not be located fo~ard of
the ~om of ~y build,g, in any required side y~d, or
Mt~ eight (8) feet of the rear prope~ l~e.
(4) All ~oup B sate~ite dish ante~ae sh~l be screened
on three (3) sides Mth landscape materials or w~ls
with l~dscaping whch are of a heist equivalent to
the tot~ height of the mounted sate~ite dish.
(5) For ~ ~oup B antennas lot size must comply ~th
zo~ng re~lations.
2
Chapter2. LDR
Rev. 11/1/96 ~ Rev. 12-J6/96
(6)
(7)
(8)
Portable Group B satellite dish antennae are not
allowed.
No exterior satellite dish antenna may be used for
display or advertising purposes, and none shall have
writing thereon which is visible from a public right-of-
way or residential district.
Satellite dish antennae shall conform with provisions
of Chapter 20, Buildings, Housing and Construction
Regulations, of the Boynton Beach Land Development
Regulations, the Standard Building Code and the
amendments thereto as adopted by the city provided
such provisions do not conflict with any standards set
forth in this section, in which case this section shall
control.
b. Special provisions:
(1)
Satellite dish antennae installed to serve single-family
or duplex homes must also comply with the following
requirements:
(a)
Only one (1) noncommercial satellite dish
antenna will be permitted for each residential
dwelling unit.
(b)
Group B 8_satellite dish antennae shall be
freestanding, ground mounted, and self
supporting without structural connections to
any other structure or building.
(c)
No part of any satellite dish antenna
installation may extend beyond the height of
the horizontal eave line of the first uppermost
floor of any single-family or duplex home.
(2)
Satellite dish antennae installed to serve any use other
than single-family or duplex homes must also comply
with the following requirements:
3
(a)
(b)
(c)
(d)
Chapter 4 of the Land Development
Regulations.
Only one (1) Group B satellite dish antenna
may be located in a multifamily complex and it
may not be located on a roof. Nothing in this
provision shall be construed to alter or impair
any rights, authority, or restrictions imposed
by deed or under the rightful authority of any
homeowners' association.
A Group B satellite dish antenna installed in
commercial and industrial zoning districts may
not be located on a roof so that the dish is
visible from a public right-of-way or residential
district, except as stipulated in 1.a.(4)
hereinbefore.
Group B g_satellite dish antennae which are
mounted on a tower and used for
communication in connection with the
operation of a business shall provide
reasonable screening and shall be subject to
conditional use approval.
(3)
Satellite dish antennae properly permitted prior to the
,~,--~ ..c ..,.~.~:~..: ~ ,.c,~.:.April
...... }, .................~ecfion 4, 1995 may
remain in place notwithstanding provisions stipulated
herein but they xr^ ... ......... ac.**,~.~ undc~
t~2s paragraph may not be replaced, reconstructed or
modified,..,, ~' ......... -,,.,,., without bringing the entire
installation into full compliance with this section.
ELECTRIC SUBSTATIONS, SWITCHING STATIONS AND UTILITY
FACILITIES. Electric substations, switching stations and utility
facilities are allowable in all land use categories and zoning district,*.,
subiect to full site plan review as described in Chapter 4 and subiect
to screening on all sides with walls or acceptable landscaping as
described in Chapter 9, Section 10, paragraph C4.
Section 2. That Chapter 2. Section 5. Residential district regulations and
use provisions, is hereby amended by adding the words and figures in underlined
type and by deleting the words and figures in struck-through type, as follows:
Chapter2. LDR
Rev. 1111196:, Rev. 12/6196 4
A. R-l-AAA SINGLE-FAMILY RESIDENTIAL DISTRICT ....
1. Uses permitted.
g.,. Community residential homes with six or fewer residents as defined
in Florida Statutes Chapter 419.
Building and site regulations: ...
Community residential homes shall not be located within a radius of
1000 feet of another existing similar facility.
G. R-3 MULTIPLE-F~Y DWELLING DISTRICT ....
Uses permitted ....
Community residential homes with up to 14 residents as defined in
Florida Statutes Chapter 419.*
2. Building and site regulations:
For multiple-family dwellings, rooming and boarding houses.'-;.
and community residential homes.
Minimum lot area f",,,r
Minimum lot frontage
Minimum front yard
Minimum rear yard
Minimum side yards
Minimum living area
Maximum lot coverage
Maximum structure height
4,000 square feet
100 feet
40 feet
40 feet
20 feet each side
750 square feet per
unit
40 percent
45 feet, not to exceed
4 stories
Minimum spacing between
community residential homes
1200 feet ('radius)
Section 3. That Chapter 2. Section 6. Commercial district regulations and
Chapter2.LDR
Rev. 11/1/96 ~ Rev. 12/6/96
5
use provisions, is hereby amended by adding the words and figures in underlined
type and by deleting the words and figures in struck-through type, as follows:
E. CBD CENTRAL BUSINESS DISTRICT ....
Permanent structural...
Regulatory guidelines
Construction and development shall
essentially conform to the Community
Redevelopment Plan, Land Development
Regulations and District Design
Guidelines.
Section 4. That Chapter 2. Section 7. Planned industrial development
district, is hereby amended by adding the words and figures in underlined type and
by deleting the words and figures in struck-through type, as follows:
H. DESIGN CRITERIA.
Aeeessways Driveways. In the interest of public safety, no
more than two (2) aeeessways driveways shall be permitted
on to any single perimeter public right-of-way,, and interior
aeeessways driveways shall be limited to no more than two (2)
per developable parcel and interior aeeessways driveways
shall be located no closer than one hundred and fifty (150) feet
from center line to center line.
Chapter2. LDR
Rev. 1111196, Rev. 12/6/96 6
PLAN MODIFICATION. Master plans approved durin,q the process
of rezonin,q to PID may be considered for modification upon
application to the director of planning and zoning, submission of
acceptable documentation, and payment of the master plan
modification fee. The modification will be first reviewed by the
planning and zoning department to determine whether the
modification is consistent with not only all current regulations but alsn
the intent and purpose of the comprehensive plan; and to determine
whether the change is substantial.
Upon completion of the administrative review, findings will be
forwarded to the planning and development board which will review
all submitted documents as well as staff comments with all the
authority, functions, powers and duties vested in it by Chapter 1.5,
Article I, Section 4 of the Land Development Regulations.
The planning and development board shall recommend to the City
Commission that they approve the modification unconditionally,
approve the modification with conditions and/or recommendations, or
deny the modification. The board shall also recommend to the City
Commission that the modification be considered either maior or
minor.
.Upon completion of the planning and development board review,
findings will be forwarded to the City Commission. The City
Commission will first determine whether the modification is major or
minor. If the Commission finds the modification to be major, thR
request will be returned to the applicant for processing as a new
zonin~ application. The determination of what constitutes
substantial change shall be at the sole discretion of the Commission.
If the Commission determines that the modification is minor, it will
review all submitted documents as well as staff comments and
plannin,q and development board recommendations. The City
Commission may then approve the minor modification
unconditionally, approve the minor modification with conditions, or
deny the minor modification.
Non-substantial (minor) modifications will not extend time limitation,-,
for development of property as stipulated in LDR Chapter 2, Section
9, para.~raph C13.
Section 5. That Chapter 2. Section 9. Administration and enforcement,
is hereby amended by adding the words and figures in underlined type and by
Chapter2.LDR
Rev. 11/1/g6~ Rev. 12/6/96 7
deleting the words and figures in strUck-through type, as follows:
C. COMPREHENSIVE PLAN AMENDMENTS: REZONINGS.
4. Materials to be submitted...
h. A comparison of the impacts...
(5)
A comparison of traffic which would be generated under the proposed
zoning or development, with the traffic that would be generated under
the current zoning; also, an analysis of traffic movements at the
intersections of driveways that would serve the property and
surrounding roadways, and improvement that would be necessary to
accommodate such traffic movements. For proposed developments
which would generate over three thousand (3,000) vehicle trips per
day or,,,..,..,,. or over two hundred fifty (250) or mcrc
single-directional Vehicle trips within a one-hour period;;, p_Er
developments in the hurricane evacuation zone of the city containin,q
over 100 dwelling units, a traffic impact analysis shall be required.
Said traffic impact analysis shall include projected trip generation for
the development, for all major roadways and intersections within one
and one-half (1.5) miles of the subject parcel, as well as traffic that
would utilize local streets through residential zoning districts. Said
traffic impact analysis shall compare traffic levels between the
existing zoning and the proposed zoning or development of the
subject parcel, and shall take into consideration all development that
would be possible under the current zoning within the city, adjacent
cities, and within the unincorporated area of Palm Beach County
within a radius of five (5) miles. For those parcels lying in the
unincorporated area of Palm Beach County, which are not currently
zoned for urban land uses, the potential land uses according to the
Palm Beach County Comprehensive Plan shall be used. Where said
parcels are shown on the Palm Beach County Comprehensive Plan
under residential land use categories, the midpoint of the density
range shown on County Comprehensive Plan shall be used. Where
a county-wide study of traffic generation at build-out has been
adopted or is utilized by Palm Beach County, the levels of traffic that
are projected by said study shall in all cases be used to project
background traffic in the traffic impact analysis submitted by the
Chapter2.LDR
Rev. 11/1/96, Rev. 12/6/96 8
applicant. The format and standards used in the traffic impact analysis shall
be the same as those which are required by Palm Beach County, with the
exception of the requirements listed above. Such traffic impact analysis shall
include recommendations for the mitigation of traffic impacts, consistent with
the standards which have been adopted by or are utilized by Palm Beach
County. Traffic Impact Analyses required for developments within the
hurricane evacuation zone must also include an evaluation of the effect of
the development on hurricane evacuation times.
Report and recommendations by the planning department. The
planning department shall evaluate applications with respect to the
following criteria:
a=
Whether the proposed rezoning would be consistent
with applicable comprehensive plan policies including,
but not limited to, a prohibition against any increase in
dwelling unit density exceeding 50 in the hurricane
evacuation zone without written approval of the Palm
Beach County Emergency Management Division and
the city's risk manager. The planning department shall
also recommend limitations or requirements which
would have to be imposed on subsequent development
of the property, in order to comply with policies
contained in the comprehensive plan.
10.
Action by City Commission. The City Commission shall conduct a
public hearing, consistent with applicable requirements of Florida
Statutes. After conducting the public hearing, the City Commission
shall either vote to approve the application, approve the application
subject to modifications, or deny the application. The City
Commission may not approve any rezonin,q which increases
residential density when the proiected water and sewer demand
exceeds the estimates assumed in the comprehensive plan of the
city, Goal 3C,. Potable Water. The City Commission shall base its
action on findings, which ...
Section 6. That Chapter 2. Section 10. Board of adjustment, is hereby
Chapter2.LDR
Rev. 11/1/96~ Rev, 12/6/96
9
amended by deleting Sections "C" through "H" in their entirety.
Section 7. That Chapter 2. Section 11. Supplemental regulations, is
hereby amended by adding the words and figures in underlined type and by
deleting the words and figures in struck-through type, as follows:
PROVISION OF OFF-STREET PARKING SPACES.
All off-street parking areas shall conform to the design and
layout requirements of Chapter 23 of the City of Boynton
Beach Land Development Regulations, and shall be approved
according to the procedures contained therein.
~,~: .... , ,,, ,~,,:,. ,,, ,.,,.:,,m,, ,.,,,,,,~,.,,, For all required residential
"'-"'"."J~..'"-"~', ,'.. r,-~,...,,~., ~.., p.,, v,-,,,.,,., p., ".-r.'".-, ~.J, ·
district parking spaces not within an enclosed garage, the first
parkin.a space shall be a minimum of twelve (12) feet wide and
eighteen (18) feet long exclusive of public or private right-of-
way. All other spaces where multiple vehicle parking i,~
required shall be a minimum of nine (9) feet wide and eighteen
(18) feet long exclusive of public or private right,of-way. All
spaces, regardless of size, must comply with all provisions of
the Land Development Regulations, and shall be maintained
and drained so as to prevent nuisance or danger to the public
and/or adjacent property owners.
A certificate of occupancy for a structure or premises shall not
be issued until the required parking area has been inspected
and approved by the development director or his designee.
Residential Ddriveways shall satisfy the parking space
requirements for single-family detached dwelling units,
duplexes, and multifamily dwelling units containing garages,
provided such driveways are of sufficient size to meet the
parking space requirements of this subsection.
Chapter2_LDR
Rev. 11/I/96, Rev. 12/6/96
MARINAS. Facilities must be provided at every marina to
accommodate proper sanitary sewer and water connections as well
as to maximize flushing of the impacted marine basin.
10
Section 8. That Chapter 2. Section 11.1 Nonconforming uses and
structures, is hereby amended by adding the words and figures in underlined type
and by deleting the words and figures in struck-through type, as follows:
RECONSTRUCTION OR REMOVAL. If any "' ..... ~,"-,,',;,',,-,
structure er
use is destroyed to such an extent that the cost of rebuilding,
repair and reconstruction will exceed seventy (70) percent of
its current assessed valuation as determined by the Palm
Beach County Property Appraiser, or for any reason is moved
any distance, it shall not again be used or reconstructed
except in conformity with the provisions of these
r~ Land Development Regulations.
Section 9. That Chapter 2. Section 11.3 Environmental review permits.
is hereby amended by adding the words and figures in underlined type and by
deleting the words and figures in struck-through type, as follows:
C. PROCEDURES. Any person...
20.
Appeals from decisions of the environmental review
committee. All appeals from decisions of the environmental
review committee ,~,~l, ~,~ ;,, ~,.,.,.,,.,~o,.,,. .... ~*~ ~"*;'"" !0 '''~
thio .... ;.,~ . .... m~+;,.,~. For +h~ ",,
'~"";";""'" ~"' th,-. ~,,.,,,;,-,.,,-,,-,,~,,-,+om .... ;~"" ""'""'"'~++"" shall be
considered decisions of an administrative official.
D. FACTORS AND STANDARDS
ENVIRONMENTAL REVIEW COMMITTEE
APPLICATIONS. No application...
TO BE CONSIDERED BY THE
IN THE REVIEW OF PERMIT
The proposed use would conform to the city's comprehensive
plan and any detailed plans adopted pursuant to the
comprehensive plan, .including, but not limited to, requirements
of the Treasure Coast Regional Planning Council.
Chapter2. LDR
Rev. 1111/96, Rev. 12J6/96 "~ 1
- FIRST READING this ~ day of November, 1996.
SECOND, FINAL READING AND PASSAGE this ~ day of January, 1997.
ATTEST:
City'Clerk
CITY OF BOYNTON BEACH, FLORIDA
Mayor L
Cd'mmissioner
CommJssmne ' ~.._._._._-~
Comr~/~.~i~)ner
Chapter2. LDR
Rev. 1111/96~ Rev. 12/6/96
12