19-030 ORDINANCE NO. 19- D 3Q
AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA
AMENDING THE LAND DEVELOPMENT REGULATIONS
CHAPTER 1 "GENERAL ADMINISTRATION", ARTICLE II.
"DEFINITIONS"; PROVIDING FOR CONFLICTS,SEVERABILITY,
CODIFICATION AND AN EFFECTIVE DATE.
WHEREAS, the Boynton Beach CRA Community Redevelopment Plan, adopted
on October 4th,2016,recommended significant changes to the structure of the future land use
(FLU) classifications, defined 6 (six) new CRA districts and introduced district-specific
design standards; and
WHEREAS, the proposed amendments constitute the third revision of the LDRs,
following the amendments adopted on May 16, 2019; and
NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH,FLORIDA,THAT:
Section 1. The foregoing whereas clauses are true and correct and are now ratified
0 and confirmed by the City Commission.
Section 2. City of Boynton Beach Land Development Regulations, Chapter 1,
"General Administration", Article II "Definitions" is hereby amended as follows:
CHAPTER 1. GENERAL ADMINISTRATION
ARTICLE II. DEFINITIONS
COMMERCIAL USES ON GROUND FLOOR- •' . . ..• • - -
.. - _ _ . - : ...' .. _ _ .Uses serving
the general public such as retail,restaurants,bars,entertainment,personal services,and offices.-irk
inn tF_ . ..
ACTIVE USES ON GROUND FLOOR-Resident-only serving amenities such as lounges,gyms,common
rooms and recreational spaces. . .- . .• - -•- • •• • - - '- . . ••-
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-1-
' HOTEL-A building or portion thereof offering temporary lodging of transient guests,with access to the guest
I rooms through the inside lobby,and accessory uses that may include conference facilities,restaurants,bars,
and recreation,fitness amenities and retail.
Ancillary 1,fe4itieS MaY-in ade-Oanferet e-€rte+lities;restaurant: bars;pec re ria laci�ities;balkoo��s;batac�u t;
• •• • .
an exterior court which is within a secured area.
for-transient guests-only-and.whn h-shaif 1ot-.terve.4s-the.pr+naary_or-permanent.re9.idenee-f the
HOTEL,CONDOMINIUM See"Hotel.Extended Stay."("Condo Hotel")—A building with individually
owned condominium units intended to be made a part of the hotel inventory to be rented to the public and
operated by the hotel management.
HOTEL,EXTENDED STAY Any all suite hotel that provides visitors with a full kitchen and more than
•
eigJ-4-144 s.
•
also-be-provided.
MOTEL-A building or group of buildings providing lodging accommodations for transient guests,with
guest rooms accessed individually from parking areas or external walkways. ' - • _ - .. •a,
drive,court,patio,etc.
Section 3. Each and every other provision of the Land Development Regulations
not herein specificall) amended, shall remain in full force and effect as originally adopted.
Section 4. All laws and ordinances applying to the City of Boynton Beach in
conflict with any provisions of this ordinance are hereby repealed.
Section 5. Should any section or provision of this Ordinance or any portion
thereof be declared by a court of competent jurisdiction to be invalid, such decision shall not
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-2-
86 affect the remainder of this Ordinance.
8° Section 6. Authority is hereby given to codify this Ordinance.
88 Section 7. This Ordinance shall become effective immediately.
89 FIRST READING this I day of*kott pr , 2019.
90 SECOND, FINAL READING AND PASSAGE this /5' .. day of Ler, 2019.
9 CITY OF BOYNTON BEACH, FLORIDA
92
9� YES NO
94
95 Mayor—Steven B. Grant ✓
96
9� Vice Mayor—Justin Katz ✓
98
9e Commissioner—Mack McCray t/
100
10 Commissioner—Christina L. Romelus t,
102
103 Commissioner—Ty Penserga
1P4
1m; VOTE S---O
1c6
107 ATTEST:
108
109
10 *ilt74441t1 2 Gibson, MMC
1 3 lerk
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7
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-3-
CHAPTER 1. GENERAL ADMINISTRATION
ARTICLE II. DEFINITIONS
COMMERCIAL USES ON GROUND FLOOR- -. . • - ' -•- - -. . . - •. • -- '
- ..•- ' -- . - e , ,, _ . . - -- - - .• t.•••• . •- . ••: _. -- .Uses serving the
general public such as retail,restaurants,bars,entertainment,personal services,and offices. live work----itG.
.. •. . ... .. .. . ... . . .. bo eli
tded
dditio to the.,1 oye,
o..i.
ACTIVE USES ON GROUND FLOOR-Resident-only serving amenities such as lounges,gyms, common rooms
and recreational spaces. ' : _ - ' ••• . .. • • . . - . • -- • ••-• - -
USE requirement by using design features including street fronting access to allow residential use to engage
HOTEL-A building or portion thereof offering temporary lodging of transient guests,with access to the guest
rooms through the inside lobby,and accessory uses that may include conference facilities,restaurants,bars,and
recreation, fitness amenities and retail.
HOTEL,CONDOMINIUM See"Hotel,Extended Stay." ("Condo Hotel")—A building with individually
owned condominium units intended to be made a part of the hotel inventory to be rented to the public and
operated by the hotel management.
_ e
--- 0 • - -- - • - _ . - . . •t
days.
lea@ehol a fee i tere@t
be-pr-eN4de€1,
1
MOTEL-A building or group of buildings providing lodging accommodations for transient guests,with guest
rooms accessed individually from parking areas or external walkways. • ..• .••: •-_ . •:
eta
-• - - . I.
•
•
2
CHAPTER 2. LAND DEVELOPMENT PROCESS
ARTICLE II. PLANNING AND ZONING DIVISION SERVICES
Sec. 2. Standard Applications
B. Comprehensive Plan Amendments.
1. General.
a. Purpose and Intent. The purpose of this subsection is to provide a means for amending the
city's Comprehensive Plan in accordance with F.S. Chapter 163.
b. Authority. The City Commission has the authority to amend the Comprehensive Plan upon
compliance with the provisions of F.S. Chapter 163 and of this subsection. The City Commission has
designated itself as the Local Planning Agency(LPA) for the city.
c. Types of Amendments. Amendments to the Comprehensive Plan include text amendments and
site-specific amendments to the future land use map(FLUM).
2. Text Amendment. A text amendment to the Comprehensive Plan shall only be initiated by the
city.
3. Future Land Use Map(FLUM)Amendment.
a. General.
(1) The purpose of this subsection is to provide a means for changing the boundaries and/or
classifications of the FLUM through site-specific amendments to the Comprehensive Plan.
(2) A request for FLUM amendment for parcels of 10 (ten) acres or fewer shall be considered
oithor large scale or small scale,based on F.S. Chapter 163.
(3) Applications for large scale FLUM amendments shall not be submitted more than two(2)
(43) All privately initiated FLUM amendments shall be accompanied by an application to
rezone to a zoning district consistent with the requested FLUM classification. See Section 2.D. below
for the process by which lands are rezoned to a different zoning district.
D. Rezoning, Including Master Plan.
1. General.
a. Purpose and Intent. The purpose of this subsection is to provide a means for changing the
zoning district boundaries or designations through site-specific amendments to the official zoning
map. It is not intended to relieve particular hardships or to confer special privileges or rights to any
person,but only to make necessary adjustments in response to or based upon changed conditions.
b. Authority. The City Commission has the authority to amend the official zoning map upon
compliance with the provisions of this subsection.
c. Initiation. Amendments to the official zoning map may be proposed by the owner(or agent)of
the affected land or city-initiated.
d. Consistency with Future Land Use Map(FLUM)of Comprehensive Plan. No application to
rezone lands may be submitted that would result in an inconsistency with the FLUM classification. See
Section 2.B.3. above for the process by which to amend the FLUM classification.
e. Rezoning to Planned Zoning Districts. A master plan, . . • • •- -. •--. - • •. _
review of a site plan application, shall be required when a privately-initiated application is made to
rezone lands to a planned zoning district. A site plan may be submitted concurrently or at a later date.
- . . _ . .. . •• • _ . .. • . . •; . , City-initiated
rezoning can proceed in advance of the master plan/site plan submittal. The master plan shall be
3
reviewed in accordance with Section 2.D.6. below. See Section 2.F. below for additional regulations
pertaining to the site plan application.
6. Master Plan.
a. General. The purpose of this subsection is to set forth well-defined application processes,
review criteria, and uniform procedures for the rezoning of lands to planned districts(as defined by
Chapter 1,Article II).
b. Submittal Requirements. Except as provided in Section 2.D.6.e below,Tthe applicant is
required to complete the rezoning application(see Section 1.D. above), '-- . . . -
• . _ . . _ , '- . . . _ ' - . . • . .. "_. •.-, and provide all documentation required by
the respective application checklist.
c. Review Criteria. The master plan shall comply with the requirements of the respective zoning
district regulations of Chapter 3, Article III and site development standards described in Chapter 4. In
addition,the site plan shall be consistent with the master plan. See Section 2.F.3. below for the review
criteria of a site plan.
d. Approval Process. A privately-initiated request to rezone(and its accompanying master plan3
require review by the City Commission and shall be processed in accordance with Chapter 2, Article I,
Section 3.
_ e. Expiration. A master plan, •- ' - _ . .. . . . - •- . : : ' . •
. . _. _ .• ' . . . . _. . . . : •- _ .e. .-. . .. -, shall remain valid
unless the corresponding site plan expires,.-or if the site plan is not adopted within 18 months of the
date of the master plan approval. In these instances,the official zoning map retains the planned zoning
district designation,but the property does not possess a valid development order or development permit,
and no permits may be granted by the city on the subject property. The submittal and approval of anew
- . .. '-. •.-, _ _ .._ a new or modified master plan, and concurrent site plan
application, except as provided in Section 2.D.1.e. above, shall be required in order to commence
development,redevelopment, or other site improvements.
f. Modification to Master Plan. Changes to master plans are either"minor" or"major"based on
criteria within this section. A pre-application conference with staff is a prerequisite to filing an
application for modification. The site plan must be consistent with the master plan;therefore, any
request to modify a master plan may require the submittal of a concurrent request for site plan
modification in accordance with Section 2.F.7.below. Staff shall consider the following factors in
determining whether the proposed master plan modification is considered "major":
(1) The modification increases or decreases the buildable square footage(intensity)or number
of dwelling units(density)by more than five percent(5%);
(2) The modification eliminates a point of ingress and egress;
(3) The modifications _reduces, or changes the location of the cumulative area of
each the required or provided open spaces, green spaces,and pedestrian plazas . . ' .•--•-• --
. .:, ._ - _ _ - , _ __ _ _ , . ._ •_. • by more than five percent(5%), changes
the location of such spaces, or does not otherwise meet the intent of these Regulations;
4
Regulatieftst
(45) The modification alters the project so that the modified master plan does not resemble the
approved master plan;
(6) The modification affects or does not comply with a condition of approval of the preceding
development order; and
( ) The modification is proposed to a city-owned or operated facility and does not adversely
impact adjacent properties and/or public lands.
g. Major Master Plan Modification.
(1) Submittal Requirements. See Section 1.D. above for the submittal requirements of this
application.
(2) Review Criteria. The proposed master plan shall comply with the requirements of the
respective zoning district of Chapter 3,Article III, and the site development standards described in
Chapter 4.
(3) Approval Process. An application for major master plan modification requires review by
the City Commission and shall be processed in accordance with Chapter 2, Article I, Section 3.
(4) Expiration. A master plan shall remain valid unless the corresponding site plan expires, or
if the site plan is not adopted within 18 months of the date of the master plan approval. There is no
(5) Miscellaneous. At the time the City Commission approves a request for a major master plan
modification, any previously approved master plan, including any conditions of approval, shall be null
and void. All future development shall be consistent with the master plan, as modified and approved by
the City Commission, including all corresponding conditions of approval.
h. Minor Master Plan Modification.
(1) Submittal Requirements. The applicant shall submit a letter explaining the modification(s)
along with the master plan(in the number of copies specified by the Division). The applicant shall also
provide consent from the property owner to file an application for the minor master plan modification.
(2) Review Criteria. The proposed master plan shall comply with the following: 1) all
applicable conditions of approval of the preceding master plan; 2)requirements of the respective zoning
district of Chapter 3,Article III; and 3)the site development standards described in Chapter 4.
(3) Approval Process. The application shall be reviewed by staff and action will be taken by
the appropriate administrative official. Upon approval of a minor master plan modification, all future
development shall be consistent with the master plan, as modified, including all previously approved
conditions of approval associated with the master plan.
F. Site Plan, Including Time Extension and Modifications.
8. Miscellaneous.
a. Site plan review shall be required in conjunction with a master plan when rezoning lands to a
planned zoning district, except as provided in Section 2.D.1.e. See Section 2.D.6. above for additional
regulations pertaining to the rezoning process. In such instances,the site plan shall be consistent with
the master plan.
5
CHAPTER 3. ZONING
ARTICLE III. ZONING DISTRICTS AND OVERLAYS
Sec. 1. Overview.
C. Non-Residential Building and Site Regulations (Table 3-2).
RE
NON-RESIDENTIAL C-1 C-2 C-3 C-4 CBD PCD M-1 PID PU
Density(dwelling units per acre): N/A N/A N/A N/A Flexible12 N/A N/A
N/A N/A N/A
Project Area,Minimum(acres) N/A N/A N/A N/A N/A 3" N/A 25" N/A N/A
Lot Area-per-unit,Minimum(square feet): 9,000 5,000 15,000 5,000 15,000 Flexible 10,000 Flexible 43,560 8,000
Lot Frontage,Minimum: 75 50 75 50 75 Flexible 0 Flexible 100 75
Lot Depth,Minimum: 120 100 N/A 100 100 N/A N/A N/A N/A N/A
Lot Coverage,Maximum: 40% 40% 40% 40% 75% 40%10 60% 60% N/A N/A
Floor-Area-Ratio(FAR),Maximum: 0.40 0.50 0.50 0.50 N/A 0.50 0.50 0.50
0.50 1.00
Structure Height,Maximum(feet): 309 25 45 45 45 45 45 45' 45 45
Building Setbacks,Minimum(feet)14:
Front 30 30 20 25 0 40 15 30 25 251'
Rear 20 20 202 205 206 40 20' 30 25 25'
Interior side 10 15 0' 155 0 30 154 20 25 15n
Comer side 10 20 20 155 8' 30 15 30 25 15"
Building Setbacks,Minimum if abutting a
residential district(feet)14:
Rear 30 30 30 30 N/A N/A 30 N/A N/A 30
Interior side 30 30 30 30 N/A N/A 30 N/A N/A 30
Corner side 30 30 30 30 N/A N/A N/A N/A N/A N/A
Waterfront yard N/A N/A N/A N/A 88 N/A N/A N/A N/A N/A
E. Mixed Use Urban Building and Site Regulations (Table 3-4).
MIXED USE,URBAN 1314
MU-1 MU-2 MU-3 MU-4 MU-C
Lot Area,Minimum(acres):
Public park N/A N/A N/A N/A N/A
6
All other uses 0.50 0.75 1 1 1
Lot Frontage,Minimum(ft.)' 100 100= 1502 2002 200
Structure Ht.,Minimum(ft.) 30 30 30 45 45
Maximum Height(ft.)3 45 65 75 100 150/1254
Maximum Density(DUs/Acre)10'12
20 40 50 60 80
Maximum F.A.R.' 1.0 2.0 3.0 4.0 4.0
Build-to-line(ft.)8
All sides abutting a collector or arterial road 7
Factor of Pedestrian Zone Requirement
Abutting a Local street p 07 0' 0' 0'
Interior side 0'
Building Setback,Minimum(ft.)8
Rear abutting:
Residential single-family 255/05.5 25s 255 255 255
Intracoastal waterways
25' 25 25 25 25
Side abutting
Residential single-family
255/05.6 255 255 255 25s
Usable Open Space,Minimum(sq.ft.)9 N/A N/A 1% 2%
0.5%
1. May be reduced if frontage extends from right-of-way to right-of-way.
2. •••••. • . • t _: ,' . . . -2 _. . ... .Project sites must front on two(2)
intersecting rights-of-ways and must have an uninterrupted lot frontage.
3. Maximum height on any street frontage is forty-five(45)feet. Maximum height on Intracoastal Waterway is thirty-five
(35)feet consistent for a depth of a minimum of thirty(30)feet. Heights may require reduction where adjacent to a single-
family zoning district where necessary to achieve the compatibility requirements of these regulations.Height bonus may be
granted through participation in the Workforce Housing Program.
4. Maximum height reduced to one hundred twenty-five(125)feet for the entire project where property abuts any other MU
or residential zoning district not separated by a right-of-way.
5. Plus one(1)additional foot for each foot of height over thirty-five(35)feet.
6. Where there is an intervening right-of-way of at least forty(40)feet.
7. 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 minimum-width and design of the PZ. - _-. . -- !: . - !'. ..- , The minimum PZ
. • :', •: •• .•• •_ '• . . •- .• . ' . is comprised of three components: 1)a five(5)foot wide street tree
area,measured from the back of the curb,or future curb on roads requiring a right-of-way dedication,2)an eight(8)foot
wide sidewalk(10 foot wide sidewalk when located within the Downtown District,as defined by the Community •
Redevelopment Area Plan),free from obstructions,measured from the centerline of street trees,and 3)an eight(8)foot
wide active area,measured from the sidewalk.The PZ components may vary in placement order only on sites with
conflicting right-of-way regulations.See Section 5.C.2.below for additional relief provisions from build-to line
7
requirements.-See Section 5.C.2.below for additional relief provisions from build-to line requirements.
8. Locally registered historic structures are not required to meet these standards.
9. 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.
10. Projects within the Downtown Transit-Oriented Development District(the Station Area)tfacisit-sere-shall have
minimum densities as follows:MU-1 -eleven fifteen(4415),MU-2—twenty-five(2825),MU-3—thirty-five(3835 ,MU-4
-fort -five(35145) and MU-C-sixtyfel.ty(44460)dwellings per acre_ _ --. •. . ._ _ '-
11. Projects within the Downtown Transit-Oriented Development District(the Station Area)transitsee—shall have a
minimum FAR as follows:MU-3-one and three-quarters(1.75),MU-4(2.0)and MU-C-two(2.0)_
• 1- ... •_ . . .•__ ._ ._. _. • - - - . •_ .. _. Maximum FAR for MU-3 may be
increased to 3.5 if abutting property with the Mixed Use High future land use classification.
12. The maximum density for projects within the Downtown Transit-Oriented Development District(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.
13. Mixed use projects within urban mixed use zoning districts will meet ground floor COMMERCIAL USE
requirement by including commercial uses serving the general public such as retail,restaurants,bars,
entertainment,personal services,and offices. Resident-only serving amenities such as lounges, gyms,common
rooms,and recreation spaces may be included in addition to the above uses,but shall not fulfill the commercial
requirement.
14. Residential-only projects within MU-1,MU-2, and MU-3 zoning districts located within the Federal
Highway District and the Heart of Boynton District,as defined by the Community Redevelopment Area Plan,will
meet ACTIVE USE requirement by using design features—including street-fronting access—to allow residential
use to engage with the street and provide the opportunity for interaction. Such features may be combined with
building amenities such as lounges, gyms,common rooms,and recreation spaces on the ground floor
(Ord. 10-025,passed 12-7-10; Am. Ord. 12-016,passed 10-2-12; Am. Ord. 14-009,passed 7-1-14; Am.
Ord. 15-006,passed 3-2-15; Am. Ord. 16-023,passed 1-3-17; Am. Ord. 17-023,passed 9-19-17)
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Sec. 2. Residential Districts.
H. IPUD Infill Planned Unit Development District.
3. Building and Site Regulations(Table 3-12). The following building/site regulations apply to the
entire IPUD development.
BUILDING/SITE REGULATIONS
IPUD District
Minimum project area: None
Maximum project area: Less than 5 acres
Minimum lot frontage 4: Flexible'
Minimum perimeter yard setbacks:
Front: Flexible2
Rear: Flexible2
Interior side: Flexible2
Corner side: Flexible2
Maximum lot coverage: 50%
Minimum usable open space(per dwelling unit): 200 square feet
Maximum structure height: 45 feet3
Individual lots within an IPUD development contain flexible standards relative to minimum required lot frontage and lot
area for each unit. Pursuant to Chapter 3,Article IV,Section 3.D.,a marina use shall require a minimum lot frontage of one
hundred fifty(150)feet and a minimum average width of two hundred(200)feet.
2 The minimum required perimeter building setbacks of an IPUD are flexible except where adjacent to single-family
residential zoning. Where adjacent to single-family residential zoning,the required perimeter building setbacks of the IPUD
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. If vegetation,screening,or other barriers and/or creative design on the perimeter of an
IPUD achieve compatibility with adjacent uses,the city may grant some relief from the aforementioned requirement. A
structure shall be considered to be on the perimeter if there is no intervening building between it and the property
line. Project design along abutting roadway(s),including setbacks,shall be based on existing development patterns or
applicable recommendation from the respective development plan.
3 A lesser building height may be required for compatibility with adjacent development. See Note#2 above for additional
setback requirements relative to building height.
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Sec.5. Mixed-Use(Urban)Districts.
A. General.
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 building intensities is intended to implement the CRA Community
Redevelopment Plan 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 CRA Community 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, Active, and Ceommercial uses on the first floor of a
project.
b. Mixed Use 1 (MU-1), Mixed Use 2 (MU-2), and Mixed Use 3 (MU-3).
(1) In order to complement the revitalization efforts in the downtown area,these zoning
districts shall be applied to lands consistent with the Comprehensive Plan Future Land Use Map and
CRA Community Redevelopment Plan. See the Community Redevelopment Plan for specific
recommendations on locations and boundaries.
(2) These MU 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 3-22 in Chapter 3,Article III, Section S.C., all new
developments within the MU-1 and MU-2 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-3 district proposed within the transit core must contain a residential
component, and all projects proposed within these Mixed Use intensity districts that front on an arterial
road must have space on the first floor devoted to Ceommercial or ari Aective uses.
(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 Mixed Use 4(MU-4)district shall only be applied to land classified as mixed use-high
(MXH)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 developments shall include a mix of uses designed in a compact vertical style.
Developments proposed within the Downtown Transit-Oriented Development District(the Station Area)
must contain a residential component and have space on the first floor devoted to commercial uses for
those portions of the project having frontage along a collector Ocean-venue 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.
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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 CRA
Redevelopment Plan for the applicable 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.
e. Mixed Use Core(MU-C).
(1) The Mixed Use C (MU-C)district shall only be applied to lands classified as mixed use-
high(MX-H) on the future land use map.
(2) The MU-C district is appropriate for high density/intensity development intended for the
downtown area. Such developments shall include a mix of uses designed in a compact vertical
style. Developments proposed within the Downtown Transit-Oriented Development District(the Station
Area)must contain a residential component and have space on the first floor devoted to commercial uses
for those portions of the project having frontage along a collector°sem-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.
f. 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 based on the standards indicated in Table 3-
22;
(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.
1. Building and Site Regulation(Table 3-22).
-MIXED USE,URBAN 13.14
MU-1 MU-2 MU-3 MU-4 MU-C
(Overlay regulations may apply.See Section 8 below.)
Lot Area,Minimum(acres):
Public park: N A N A N A N A N/A
All other uses: 0.50 0.75 1 I 1
Lot Frontage,Minimum(ft.)' 100 100 150' 200 200
Structure Ht.,Minimum(ft.) 30 30 30 45 45
Maximum Height(ft)3 55 65 75 100 150%1251
Maximum Density(DUs/Acre)10•12
20 40 50 60 80
Maximum F.A.R." 2.5 3.0 3.0 4.0 4.0
Build-to-line(ft)8:
11
All sides abutting a collector or arterial road Factor of Pedestrian Zone Requirement'
Abutting a Local street
07 0' 0 070
Interior side
0' 0' 0' 0' 0'
Building Setbacks,Minimum(ft.)8:
Rear abutting
Residential single-family 255/05.6 25` 25' 25' 25`
Intracoastal waterway 25 25 25 25 25
Side abutting
Residential single-family: 255/05,6 25� 25' 25-` 25'
Usable Open Space,Minimum(sq.ft.)9 N/A N 0.5% 1"6 2%
1. May be reduced if frontage extends from right-of-way to right-of-way.
2. Reserved.Project sites must front on two(2)intersecting rights-of-ways and must have an uninterrupted lot frontage.
3. Maximum height on any street frontage is forty-five(45)feet. Maximum height on Intracoastal Waterway is thirty-five
(35)feet consistent for a depth of a minimum of thirty(30)feet. Heights may require reduction where adjacent to a single-
family zoning district where necessary to achieve the compatibility requirements of these regulations.Maximum heights may
be increased in the DTODD through participation in the Workforce Housing Program.
4. Maximum height reduced to one hundred twenty-five(125)feet for the entire project where property abuts any other MU
or residential zoning district not separated by a right-of-way.
5. Plus one(1)additional foot for each foot of height over thirtyfive(35)feet.
6. Where there is an intervening right-of-way of at least forty(40)feet.
7. 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 minimum width and design of the PZ.The minimum PZ is comprised of three components: 1)a five(5)
foot wide street tree area,measured from the back of the curb,or future curb on roads requiring a right-of-way dedication,2)
an eight(8)to ten(10)foot wide sidewalk(10 foot wide sidewalk when located within the Downtown District,as defined by
the Community Redevelopment Area Plan),free from obstructions,measured from the centerline of street trees,and 3)an
eight(8)foot wide active area,measured from the sidewalk.The PZ components may vary in placement order only on sites
with conflicting right-of-way regulations. See Section 5.C.2.below for additional relief provisions from build-to line
requirements.
8. Listed eligible historic structures are not required to meet these standards.
9. 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.
10. Projects within the Downtown Transit-Oriented Development District(the Station Area)transieere-shall have
minimum densities as follows:MU-1 -eleven-fifteen 15I),MU-2—twenty-five 2528),MU-3—thirty-five 0341 MU-4
forty-five thirty4533)and MU-C-sixtyferty 6049)dwellings per acre, = ==: • ••' :=• ' - -= -
11. Projects within the Downtown Transit-Oriented Development District(the Station Area) shall have a
minimum FAR as follows:MU-3-one and three-quarters(1.75),MU-4(2.0)and MU-C-two(2.01(except that minimum
12. The maximum density for projects within the Downtown Transit-Oriented Development District(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....
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13. Mixed use projects within urban mixed use zoning districts will meet ground floor COMMERCIAL USE
requirement by including commercial uses serving the general public such as retail,restaurants,bars,
entertainment,personal services,and offices. Resident-only serving amenities such as lounges,gyms,common
rooms,and recreation spaces may be included in addition to the above uses,but shall not fulfill the commercial
requirement.
14. Residential-only projects within MU-1,MU-2,and MU-3 zoning districts located within the Federal
Highway District and the Heart of Boynton District, as defined by the Community Redevelopment Area Plan,will
meet ACTIVE USE requirement by using design features—including street-fronting access—to allow residential
use to engage with the street and provide the opportunity for interaction. Such features may be combined with
building amenities such as lounges, gyms,common rooms,and recreation spaces on the ground floor
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Sec. 8. Overlay Zones
A. Martin Luther King Jr. Boulevard Overlay
1. Intent. This overlay identifies 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 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(MLKBO) 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 the railroad right-of-way, along with those parcels adjacent to the north and south of these
parcels that front on the Boulevard if assembled and developedt as a unified project. Also included
in the Overlay are the parcels with commercial underlying zoning located between NE 9th Avenue and
NE 11 t Avenue.
3. Use(s). Commercial Uses on the Ground Floor shall be required on the street frontage of
MLK Jr. Boulevard. • - - . --- "- - . - " - . - - - - ` - -- •, .`. .
a. Uses shall be determined by the underlying zoning district, see "Use Matrix Table 3-28"
in Chapter 3, Article IV, Section 3.D,with the exception of the following prohibited uses:
Dwelling, Single-family(detached)
Dwelling, Two-family(duplex)
Automobile Rental
Automotive, Major Repair
Automotive, Minor Repair
Auto/Car Wash, Self- serve Bay
Auto Dealer,New
Auto Dealer, Used
Auto/Car Wash(Polishing, Waxing, Detailing)
Automotive Window Tinting/Stereo Installation/Alarms
Drive-thru facilities
Gasoline Station
Group homes Type I, II, III, and IV
Adult entertainment
b. Any other automobile-oriented uses not listed above are prohibited.
(1) An"automobile oriented use" shall be construed as a business which has a principal
purpose of servicing an automobile or consists of a building type or feature which is
designed for an automobile, such as drive-thru facilities.
c. Live-work units are permitted,but may not front MLK Jr. Boulevard and do not replace the
required Commercial Uses on Ground Floor.
d. Additionally,no legally existing use shall be deemed non-conforming as a result of the
MLKBO regulations.
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I
4. Building and Site Regulations. Development within this overlay 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, Seacrest Boulevard, or NE
3rd Street shall provide for the required"Pedestrian Zone" (PZ). The minimum PZ is
comprised of three components: 1)a five(5) foot wide street tree area,measured from the back
of the curb, or future curb on roads requiring a right-of-way dedication,2) an eight(8) foot
wide sidewalk, free from obstructions,measured from the centerline of street trees, and 3) an
five(5)eight(8)foot wide active area,measured from the sidewalk. The PZ components may
vary in placement order only on sites with conflicting right-of-way regulations. See Section
5.C.2.below for additional relief provisions from build-to line requirements.
b. Notwithstanding the required build-to line and pedestrian zone requirements,portions of
buildings and structures may be constructed in excess of the distance specified above,but not
to exceed 15 feet when necessary to 1)optimize landscape design; 2)maximize on-site
drainage solutions; 3)accommodate architectural features and building enhancements; and/or
4)to otherwise enhance public spaces such as sidewalks,plazas, fountains, or outdoor seating
areas in order to further the purpose and intent of the Overlay. Major deviations from the
build-to line requirement above(in excess of 15 feet)may be allowed,but only with sufficient
justification and contingent upon the approval of a Community Design Appeal application(see
Chapter 2,Article II, Section 4.B).
c. Minimum interior side, -and corner side, and rear setbacks and rear setbacks shall be in
accordance with the Mixed Use 1 zoning district(see Section S.C. above).
1d. Maximum building height shall be shall be in accordance with the Mixed Use 1 zoning district
(see Section S.C. above)fifty five(55)feet. Buildings fronting Martin Luther King Jr. Boulevard shall be
a maximum of thirty-five(35) feet consistent for a depth of ten(10) feet.
e. Minimum building height shall be thirty(30) feet.
5. Parking. As required by Chapter 4,Article V, Section 3.D.
6. Landscape and Streetscape Design. See Chapter 4,Article II, Section 4.B.5.
C. Cultural District Overlay
4. Uses. Active cCommercial Uuses on Ground Floor shall be required on the street frontage of
Ocean Avenue.
D. Boynton Beach Boulevard Overlay(BBBO)
4. Uses: Active cCommercial U}tses on Ground Floor shall be required on the street frontage of
Boynton Beach Boulevard.
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ARTICLE IV. USE REGULATIONS
Sec. 3. Use Regulations.
D. Use Matrix(Table 3-28).
P=Permitted Residential Commercial Mixed-Use Indus Misc
C=Conditional
A=Accessory t-Tial
Q � N M -r4'
a a d 4.- N vM o a9 rU ti M U t,� Q r
A.
a
RESIDENTIAL&LODGING
Accessory Dwelling P PPPP I' P P
Unit 36 36 36 36 36 36 20 20
36 36
Bed&Breakfast CCCC C (' C
37 37 37 37 37 37 37
Dwelling,Single- PPPPPP P PP R P A A
family(detached) 34 34 34 34 34 40 34 34 44 20 20
34 49 34 34
34
Dwelling,Two- PPPPP $ 4 6 P P P P P C A A
family(duplex) 34 49 34 34 48 34 34 34 34 34 34 34 20 20
34 30 24 38 34 34
34
Dwelling,Multi- P P P P 12- 14 6 12 PPPPR P P A A
family(including 4-9 34 3,1 4-8 34 34 34 34 34 34 34 6 6 27 20 20
Townhomes) 34 49 39 39 6 6 6 34 34 4 34 34
34
Dwelling Units in P r I' PPPPPP P A A
Mixed Use Buildings 43 44 24 34 34 34 6 6 27 20 20
49 49 6 6 6 34 34 24 34 34
34 34
Group Home Type 1 P P P P P P
(2 per mom up to 10 40 40 40 40 40 40
residents,limited
service)
Group Home Type 2 P C C C
(2 per room up to 14 14 40 40 40
residents,limited 40
service)
Group Home Type 3 C C ( C C' P P CCCC
(comprehensive 14 14 40 40 40 40 40 40 40 40 40
service) 40 40
Hotel&Motel P P P P C' C C (' I' P P
41 41 41 41 41 41 41 41 41 41 41
PPPPPPP PP PPPPP
Home Occupations 34 34 34 34 34 34 34 34 34 34 34 34 34 34
Live-Work Units PPPPPP P
42 42 42 42 42 42 27
Manufactured Home P
Townhouse 42 R 12 R 9 P 6 9 9 1a 12 kz 41 41 4z A A
39 34 48 34 34 34 34 34 34 34 34 31 23 20 20
34 49 34 34 34
34
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6. General Note. This use is subject to requirements of Commercial/ Active uses on Ground
Floor.-- - . -.
if the ground floor fronting the arterial is devoted to office or retail use; otherwise,conditional use
a. Mixed-use projects within urban mixed-use zoning districts will meet the requirement for the
Commercial Uses on Ground Floor by including commercial uses serving the general public
such as retail,restaurants,bars,entertainment,personal services, and office.
b. Residential-only projects within MU-1, MU-2 and MU-3 zoning districts located within the
Federal Highway District and the Heart of Boynton District (as defined by the CRA
Community Redevelopment Plan) will meet the requirement for the Active Uses on Ground
Floor by using recommended design features.
20. Reserved.General Note. This use is allowed as an accessory use to any lawful Arts Campus
38. Reserved. ` _, . -: -• ` .
a. C 3 district and PCD district. A two family dwelling(duplex) shall comply with the R 2
district regulations. Sec Chapter 3, Article III, Section 2.E.
39. Reserved.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.
41. Hotel & Motel (includes Boutique, Extended-stay, • :: -- , •..•-.. • • :: . ..•• ).
a. C 3 District. Timeshare hotel shall comply with R 3 district regulations. Boutique hotels
c. : e . .--• . . . . . - ... . .
d. PCD District. Timeshare apartments shall comply with R 3 district regulations. Boutique
e-a. SMU District. Hotels require conditional use approval. • :: - •••. •: - , ::• : .- •• • ,
and timeshare apartments arc not listed as permitted uses. Motels are prohibited uses.
fb. MU-1 District, MU-2 District, and MU-3 District. and MU 4 District. Hotels require
conditional use approval. Timeshare hotels are not listed as permitted uses. Boutique hotels and
iMotels are prohibited uses.
g. MU-4 District and MU-C District. :.. . . . ..' - • . .. : : :
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.
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CHAPTER 4. SITE DEVELOPMENT STANDARDS
ARTICLE V. MINIMUM OFF-STREET PARKING REQUIREMENTS
Sec.3. Special Reductions in Required Off-Street Parking.
...•D. Martin Luther King Boulevard Overlay Zone. Parking space requirements shall be calculated in accordance
with Section 2 above_-ate Any required parking for non-residential uses shall be reduced by fifty percent(50%).
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