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19-032 ORDINANCE NO. 19-O3y • AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA AMENDING THE LAND DEVELOPMENT REGULATIONS CHAPTER 3 "ZONING", ARTICLE III. "ZONING DISTRICTS", ARTICLE IV, "USE REGULATIONS"; 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 and confirmed by the City Commission. Section 2. City of Boynton Beach Land Development Regulations, Chapter 3, "Zoning", Article III "Zoning Districts" is hereby amended as follows: CHAPTER 3. ZONING ARTICLE III. ZONING DISTRICTS AND OVERLAYS Sec. 1. Overview. C. Non-Residential Building and Site Re lotions able 3-2 . NON-RESIDENTIAL C c- C-3 C- CB PCD ; PID ��" PC 1 2 4 D I Density(dwelling units per acre): N/A N/ A N/A N/ A N/A N/A N/A Flexible' N/ A N/A Project Area,Minimum(acres) N/A A N/A A N/A 3" N/A 25" A N/A Lot Area-peg-unit,Minimum(square 9,0 5,o 15,0 5,00 15,0 10,0 43,5 feet): 00 00 00 0 00 Flexible 00 Flexible 8,000 Lot Frontage,Minimum: 75 50 75 50 75 Flexible 0 Flexible 100 75 Lot Depth,Minimum: 120 0 N/A 100 100 N/A N/A N/A A/ N/A ' Lot Coverage,Maximum: 00 �0 40% �0 75% 40%10 60% 60% A/ N/A Floor-Area-Ratio(FAR),Maximum: u� 0 0.50 0 N/A 050 0 50 0.50 �) it 1.00 Structure Height,Maximum(feet): 30 25 45 45 45 45 45 45 45 45 Building Setbacks,Minimum(feet)14: Front 30 30 20 25 0 40 15 30 25 25" Rear 20 20 202 205 206 40 203 30 25 25" Interior side 10 15 0' 155 0 30 154 20 25 15" Corner 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 A 30 Interior side 30 30 30 30 N/A N/A 30 N/A A 30 Corner side 30 30 30 30 N/A N/A N/A N/A A N/A Waterfront yard N/A A N/A A 88 N/A N/A N/A A N/A E. Mixed Use Urban Building and Site Regulations (Table 3-4). MIXED USE,URBAN 13'14 MU- MU- MU-1 MU-2 3 4 MU-C Lot Area,Minimum(acres): Public park N/A N/A N/A N/A N/A 2 All other uses 0.50 0.75 I 1 Lot Frontage,Minimum(ft.)1 100 100 1502 20022002 Structure Ht.,Minimum(ft.) 30 30 ,T 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.11 1.0 2.0 3.0 4.0 4.0 Build-to-line(ft.)s All sides abutting a collector or arterial road Factor of Pedestrian Zone Requirement' Abutting a Local street 0' 0' 0' 0' 0' Interior side 0' 0' 0' 0' 0' Building Setback,Minimum(ft.)s Rear abutting: Residential single-family 255/05.6 255 255 255 255 Intracoastal waterway 255 255 255 255 255 Side abutting Residential single-family 255/05.6 255 255 255 255 Usable Open Space,Minimum(sq. ft.)9 N/A N/A 1% 2% 0.5% 1 1. May be reduced if frontage extends from right-of-way to right-of-way. 2. _ ! - . • -: -- .• .- . - . - . .Project sites must front on I 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 ' Ii 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.Except 111 - . .- • - • `' , • - The minimum PZ . • , -- - • • . . . is comprised of three components: 1)a five(5)foot wide street tree area,measured from the back of the curb, 3 5' 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 5 Plan),free from obstructions,measured from the centerline of street trees,and 3)an eight(8)foot wide active 5: area,measured from the sidewalk.The PZ components may vary in placement order only on sites with 5' conflicting right-of-way regulations.See Section 5.C.2.below for additional relief provisions from build-to 61 line requirements.-See Section 5.C.2.below for additional relief provisions from build-to line requirements. 6 8. Locally registered historic structures are not required to meet these standards. 6• 9. Usable open space shall be required for all developments two(2)acres in size or larger which shall be 6 devoted to plazas or other public open space,excluding private recreation. See Chapter 4,Article HI,Section 8 6' for additional regulations. 6' 10. Projects within the Downtown Transit-Oriented Development District(the Station Area)transit-core shall 6 i have minimum densities as follows:MU-1 -eleven fifteen(4415),MU-2—twenty-five(2825),MU-3 6 thirty-five(3835),MU-4-fortvthirty five(3345) and MU-C-sixtyfefty(4060)dwellings per acre_{except 6; . . . 6' 11. Projects within the Downtown Transit-Oriented Development District(the Station Area)tit-sere-shall 71 have a minimum FAR as follows:MU-3 -one and three-quarters(1.75),MU-4(2.0)and MU-C-two(2.0)_ 7 area}--Maximum FAR for MU-3 may be increased to 3.5 if abutting property with the Mixed Use High future 7 land use classification. 7' 12. The maximum density for projects within the Downtown Transit-Oriented Development District(the 7' Station Area)may be increased up to twenty-five percent(25%)over the maximum density allowed in the 7 I 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 7' retail,restaurants,bars,entertainment,personal services, and offices. Resident-only serving E i amenities such as lounges,gyms, common rooms,and recreation spaces may be included in addition E to the above uses,but shall not fulfill the commercial requirement. E E 14.Residential-only projects within MU-1,MU-2,and MU-3 zoning districts located within the E• 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 8 opportunity for interaction. Such features may be combined with building amenities such as lounges, gyms,common rooms,and recreation spaces on the ground floor 911 ... 9 Sec. 2. Residential Districts. H. IPUD Infill Planned Unit Development District. 9 3. Building and Site Regulations (Table 3-12). The following building/site regulations 9. apply to the entire IPUD development. 9' BUILDING/SITE REGULATIONS IPUD District 4 Minimum project area: None Maximum project area: Less than 5 acres Minimum lui frontage': Flexible' Minimum perimeter yard setbacks: Front Flexible' Rear: FlexibleZ Interior side: Flexible' Corner side: Flexible' Maximum lot coverage: 50% Minimum usable open space(per dwelling unit): 200 square feet Maximum structure height: 45 feet' �r 11 I t Individual lots within an IPUD development contain flexible standards relative to minimum required lot 11 frontage and lot area for each unit. Pursuant to Chapter 3,Article IV,Section 3.D.,a marina use shall require a 11 minimum lot frontage of one hundred fifty(150)feet and a minimum average width of two hundred(200)feet. 1 I 2 The minimum required perimeter building setbacks of an IPUD are flexible except where adjacent to single- 11 family residential zoning. Where adjacent to single-family residential zoning,the required perimeter building 11 setbacks of the IPUD shall resemble the setbacks of the adjacent development based upon the orientation of 11 + structures with said development. Also,perimeter buildings shall have an increased setback of one(1) 11 additional foot for every foot of building height in excess of thirty(30)feet. If vegetation,screening,or other 11 barriers and/or creative design on the perimeter of an IPUD achieve compatibility with adjacent uses,the city 11 may grant some relief from the aforementioned requirement. A structure shall be considered to be on the 1 11 perimeter if there is no intervening building between it and the property line. Project design along abutting 1 roadway(s),including setbacks,shall be based on existing development patterns or applicable recommendation 1 from the respective development plan. 1 3 A lesser building height may be required for compatibility with adjacent development. See Note#2 above 1 for additional setback requirements relative to building height. 1 1 ... 1 Sec. 5. Mixed-Use(Urban) Districts. A. General. 1 1 3. Location and General Use Requirements. 1 a. General. The mixed use (urban) districts are intended for projects that promote 1 sustainable design with respect to land use, energy conservation, resource management,and I social equity. Rezoning to any of these districts is encouraged for proposed development or 1 redevelopment on lands that are in close proximity to existing infrastructure, public and 5 12k alternative transportation routes and modes, employment centers, community areas, or have 12 sustained or are complicated by environmental contamination. 12E The mixed use (urban)zoning districts shall be applied to selected geographic areas 12S east of I-95, where a mixture of uses and building intensities is intended to implement the 13( CRA Community Redevelopment Plan and urban design guidelines including goals 131 involving compact design,transit-oriented development, employment, population, 132 transportation, housing,public facilities, and environmental quality. Permitted uses and 133 associated standards for development vary between the zoning districts each reflecting the 134 importance of the district's location and relationship to the downtown. Maximum heights, 135 densities, and intensities of development are regulated to achieve, in part,the intended 136 vision as established within the CRA Community Redevelopment Plan for each of the six 13 planning districts,while ensuring land use compatibility. A master plan as a whole, 13E comprised of individual buildings and parcels, would be reviewed for compliance with the 139 requirements below pertaining to a residential component to the project, Active, and 14( Commercial uses on the first floor of a project. 141 b. Mixed Use 1 (MU-1), Mixed Use 2 (MU-2), and Mixed Use 3 (MU-3). 142 (1) In order to complement the revitalization efforts in the downtown area,these 145 zoning districts shall be applied to lands consistent with the Comprehensive Plan Future 144 Land Use Map and CRA Community Redevelopment Plan. See the Community 145 Redevelopment Plan for specific recommendations on locations and boundaries. 146 (2) These MU districts are appropriate for low-to mid-rise developments that 14" provide for medium density residential and low to medium intensity commercial and office 148 uses. 149 (3) The review of these applications will emphasize compactness, aesthetics and 150 design quality, and physical compatibility with adjacent land uses. 15' (4) Except where limited by Table 3-22 in Chapter 3, Article III, Section S.C., all 152 new developments within the MU-1 and MU-2 districts that contain a non-residential use 115: shall front on streets designated as-'arterial'-', or"collector'-', roadways on the Functional 154 Classification of Roadways Map. All projects within the MU-3 district proposed within the 155 transit core must contain a residential component, and all projects proposed within these 196 Mixed Use intensity districts that front on an arterial road must have space on the first floor 115" devoted to Coommercial or an Aactive uses. 158 (5) Maximum height may be further limited in certain geographic areas to further 159 applicable redevelopment plans and maintain compatibility with an abutting single-family 160 district. 16 c. Mixed Use-4 (MU-4). 162 (1) The Mixed Use 4 (MU-4)district shall only be applied to land classified as 13 mixed use-high (MXH)on the future land use map as recommended by the Community 1 4 Redevelopment Plan. 1 $ (2) The MU-4 district is appropriate for high density/intensity development 166 intended for designated nodes. Such developments shall include a mix of uses designed in a 167 compact vertical style. Developments proposed within the Downtown Transit-Oriented 168 Development District(the Station Area)must contain a residential component and have 169 space on the first floor devoted to commercial uses for those portions of the project having 1'9 frontage along a collector a or an arterial road. 1" (3) All new developments within this district shall front on streets designated as 6 1 r. "arterial" roadways on the Functional Classification of Roadways Map. 1 i d. Rezoning of single-family districts. All requests to rezone any single-family 1 I ! residential district to a mixed use zoning district shall be subject to the following additional 1 requirements: 1 (1) Height, density and intensity of development shall be consistent with the CRA 1 M Redevelopment Plan for the applicable district;; 1 : (2) Ratio of lot frontage to depth that is no more than one (1)foot(frontage)to one 1 • and one-quarter(1.25) foot(depth); 180 (3) Vehicular access to the property located to minimize impacts on adjacent single- 1 : family developments and meet safety standards; and 1 :. (4) Landscape barriers provided, in accordance with the landscape regulations of 1: this Code, where the rezoned property abuts single-family residential zoning. 1 :' e. Mixed Use Core (MU-C). 1 :' (1) The Mixed Use C (MU-C)district shall only be applied to lands classified as 1 :i mixed use-high(MX-H) on the future land use map. 1 : (2) The MU-C district is appropriate for high density/intensity development 1:: intended for the downtown area. Such developments shall include a mix of uses designed in 1:' a compact vertical style. Developments proposed within the Downtown Transit-Oriented 1'I Development District(the Station Area)must contain a residential component and have 1• space on the first floor devoted to commercial uses for those portions of the project having 1•. frontage along a collector or an arterial road. 1• (3) All new developments within this district shall front on streets designated as 14, "arterial" roadways on the Functional Classification of Roadways Map. 1•' f. Rezoning of single-family districts. All requests to rezone any single-family 1'i residential district to a mixed use zoning district shall be subject to the following additional 1' requirements: 1' ; (1) Height, density and intensity of development based on the standards indicated in 1'' Table 3-22; 211 (2) Ratio of lot frontage to depth that is no more than one(1) foot(frontage)to one 21 and one-quarter(1.25)foot(depth); 21 (3) Vehicular access to the property located to minimize impacts on adjacent single- 21 family developments and meet safety standards; and -MIXED USE,URBAN" (Overlay regulations may apply.See Section 8 below.) MU-I MU-2 MU-3 MU-4 MU-C Lot:\rea,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 1002 150' 2002 2002 Structure Ht.,Minimum(ft.) 30 30 30 45 45 Maximum Height(ft.)' 55 65 75 100 150/125° Maximum Density(DUs/Acre)10•'Z 20 40 50 60 80 Maximum F.A.R." 2.5 3.0 3.0 4.0 4.0 7 Build-to-line(ft.)': All sides abutting a collector or arterial road Factor of Pedestrian Zone Requirement' Abutting a Local street 0' 0' 0' 0' 0' Interior side 0' 0' 0' 0' 0' Building Setbacks,Minimum(ft.)': Rear abutting Residential single-family 255/05.6 255 255 255 255 Intracoastal waterway 25 25 25 25 25 Side abutting Residential single-family: 255/05.6 255 255 255 255 Usable Open Space,Minimum(sq.ft.)' N/A N/A 0.5% 1% 2% 21, 21' (4) Landscape barriers provided, in accordance with the landscape regulations of 21 this Code, where the rezoned property abuts single-family residential zoning. 21 B. Use(s)Allowed. See "Use Matrix, Table 3-28" in Chapter 3, Article IV, Section 3.D. 21; C. Building and Site Regulations. 21' 1. Building and Site Regulation (Table 3-22). 2l 2 1. May be reduced if frontage extends from right-of-way to right-of-way. 2 2. Resewe :Project sites must front on two(2)intersecting rights-of-ways and must have an uninterrupted 2 lot frontage. 2 • 3. Maximum height on any street frontage is forty-five(45)feet. Maximum height on Intracoastal Waterway 2 is thirty-five(35)feet consistent for a depth of a minimum of thirty(30)feet. Heights may require reduction 2 + where adjacent to a single-family zoning district where necessary to achieve the compatibility requirements of 2 these regulations.Maximum heights may be increased in the DTODD through participation in the Workforce 2 Housing Program. 2 4. Maximum height reduced to one hundred twenty-five(125)feet for the entire project where property abuts 2. u any other MU or residential zoning district not separated by a right-of-way. 2. 5. Plus one(1)additional foot for each foot of height over thirty-five(35)feet. 2. 6. Where there is an intervening right-of-way of at least forty(40)feet. 2. 7. Buildings and structures shall be located no farther than zero(0)feet from the property line,except in 2. • conjunction with providing required visibility at intersections,driveways;open spaces and public plazas;or 2. when additional setback is necessary to provide for required"Pedestrian Zone"(PZ).Building placement is a 2. factor of roadway type and CRA district,which determines the minimum width and design of the PZ.The 2. ' minimum PZ is comprised of three components: 1)a five(5)foot wide street tree area,measured from the back 2. of the curb,or future curb on roads requiring a right-of-way dedication,2)an eight(8)te4en-(4-0)foot wide 2. ' sidewalk(10 foot wide sidewalk when located within the Downtown District,as defined by the Community 2 •1 Redevelopment Area Plan),free from obstructions,measured from the centerline of street trees,and 3)an 2 eight(8)foot wide active area,measured from the sidewalk.The PZ components may vary in placement order 2 only on sites with conflicting right-of-way regulations.See Section 5.C.2.below for additional relief 2 provisions from build-to line requirements. 8 234 8. Listed eligible historic structures are not required to meet these standards. 235 9. Usable open space shall be required for all developments two(2)acres in size or larger which shall be 23( devoted to plazas or other public open space,excluding private recreation.See Chapter 4,Article III,Section 8 237 for additional regulations. 23E 10. Projects within the Downtown Transit-Oriented Development District(the Station Area)tfaasit-eefe-shall 239 have minimum densities as follows:MU-1 -eleven-fifteen(154-i-),MU-2—twenty-five(2520),MU-3 24( thirty-five(3528),MU-4—forty-five X45 5)and MU-C-sixtyferty(6048)dwellings per acre_ 241 .. ... _. _ 242 11. Projects within the Downtown Transit-Oriented Development District(the Station Area)score-shall 243 have a minimum FAR as follows:MU-3-one and three-quarters(1.75),MU-4(2.0)and MU-C-two(2.0)_ 244 (except that P P - • - - ... .- - •• 24! aces): 246 12. The maximum density for projects within the Downtown Transit-Oriented Development District(the 24^ Station Area)may be increased up to twenty-five percent(25%)over the maximum density allowed in the 24 8 underlying zoning district through participation in the City's Workforce Housing Program.... 24 9 13. Mixed use projects within urban mixed use zoning districts will meet ground floor 25 ö COMMERCIAL USE requirement by including commercial uses serving the general public such as 291 retail, restaurants,bars,entertainment,personal services,and offices. Resident-only serving 29 2 amenities such as lounges,gyms,common rooms,and recreation spaces may be included in addition 29: to the above uses,but shall not fulfill the commercial requirement. 25 259 14. Residential-only projects within MU-1.MU-2,and MU-3 zoning districts located within the 111 25 6 Federal Highway District and the Heart of Boynton District,as defined by the Community 29' Redevelopment Area Plan,will meet ACTIVE USE requirement by using design features- 29 8 including street-fronting access—to allow residential use to engage with the street and provide the 259 opportunity for interaction. Such features may be combined with building amenities such as lounges, 2(0 gyms,common rooms, and recreation spaces on the ground floor 2( 9 262 .. 263 Sec. 8. Overlay Zones 264 265 A. Martin Luther King Jr. Boulevard Overlay 2619 1. Intent. This overlay identifies a segment of the Martin Luther King Jr. Boulevard as 26- an opportunity for redevelopment and revitalization. The ultimate design and site standards 268 of this section are intended to create a traditional street corridor with pedestrian 265 improvements, storefronts along the sidewalk, and a mixture of uses. The corridor is to 27C contain an ambience supported by pleasant signage and building appearance, potted 271 landscaping, store windows and public open spaces. This overlay is also appropriate for 272 development of small properties to allow for consistency with the vision represented by the 273 respective mixed use zoning district, and/or as an interim redevelopment mechanism until 274 greater redevelopment occurs using the respective mixed use zoning district. All 279 development within the Martin Luther King Jr. Boulevard corridor shall occur according to 27( the provisions of the adopted plan as stated below. 27'; 2. Defined. The Martin Luther King Jr. Boulevard Overlay (MLKBO) is hereby 278 established as the area defined by the parcels fronting on that portion of the Boulevard I27S located east of Seacrest Boulevard and west of the railroad right-of-way, along with those 280 parcels adjacent to the north and south of these parcels that front on the Boulevard if 281 assembled and developedt as a unified project. Also included in the Overlay are the 281 parcels with commercial underlying zoning located between NE 9th Avenue and NE 11th 282 Avenue. .- 28 3. Use(s). Commercial Uses on the Ground Floor shall be required on the street 289 frontage of MLK Jr. Boulevard. Allowed. (See "Use Matrix" Chapter 3. Article IV, 285 Sec-tion--37D+ 287 a. Uses shall be determined by the underlying zoning district, see "Use Matrix 2E8 Table 3-28" in Chapter 3, Article IV, Section 3.D,with the exception of the 289 following prohibited uses: 250 Dwelling, Single-family (detached) 2 Dwelling, Two-family(duplex) 252 Automobile Rental 2S: Automotive, Major Repair 2S 4 Automotive, Minor Repair 253 Auto/Car Wash, Self- serve Bay 255 Auto Dealer,New 25' Auto Dealer, Used 258 Auto/Car Wash (Polishing, Waxing, Detailing) 259 Automotive Window Tinting/Stereo Installation/Alarms 3(0 Drive-thru facilities 3( Gasoline Station 3(2 Group homes Type I, II, III, and IV 3C Adult entertainment 3(a. 303 b. Any other automobile-oriented uses not listed above are prohibited. 10 30C (1) An"automobile oriented use" shall be construed as a business which has 30 a principal purpose of servicing an automobile or consists of a building 30: type or feature which is designed for an automobile, such as drive-thru 314 facilities. III 311 c. Live-work units are permitted, but may not front MLK Jr. Boulevard and do not 311 replace the required Commercial Uses on Ground Floor. 311, d. Additionally, no legally existing use shall be deemed non-conforming as a 311 result of the MLKBO regulations. 31`` 31E 4. Building and Site Regulations. Development within this overlay shall be in 31I accordance with building and site regulations applicable to the underlying zoning district 31M� except as follows: 31: a. Parcels that have frontage along Martin Luther King Jr. Boulevard, Seacrest 31i Boulevard, or NE 3td Street shall provide for the required "Pedestrian Zone"(PZ). 3.i The minimum PZ is comprised of three components: 1)a five (5)foot wide street 3tree area, measured from the back of the curb, or future curb on roads requiring a 3 . right-of-way dedication, 2)an eight(8) foot wide sidewalk, free from obstructions, I3 measured from the centerline of street trees, and 3) an five (5)eight-(8-)-foot wide 32, active area, measured from the sidewalk. The PZ components may vary in 32' placement order only on sites with conflicting right-of-way regulations. See 32 Section 5.C.2. below for additional relief provisions from build-to line 32 requirements. 3�: b. Notwithstanding the required build-to line and pedestrian zone requirements, 32' portions of buildings and structures may be constructed in excess of the distance 321 specified above, but not to exceed 15 feet when necessary to 1) optimize landscape 3: design; 2) maximize on-site drainage solutions; 3) accommodate architectural 32 features and building enhancements; and/or 4)to otherwise enhance public spaces 3: such as sidewalks, plazas, fountains, or outdoor seating areas in order to further the 31, purpose and intent of the Overlay. Major deviations from the build-to line 3: requirement above (in excess of 15 feet)may be allowed, but only with sufficient 3:+ justification and contingent upon the approval of a Community Design Appeal 3: application (see Chapter 2, Article II, Section 4.B). 13: c. Minimum interior side,-a4 corner side, and rear setbacks shall be 3: in accordance with the Mixed Use 1 zoning district(see Section S.C. above). 3' 1 d. Maximum building height shall be shall be in accordance with the Mixed Use 1 3z- zoning district(see Section S.C. above)fifty five(55) feet. Buildings fronting Martin Luther 3L King Jr. Boulevard shall be a maximum of thirty-five (35) feet consistent for a depth of ten 34 (10) feet. 34 e. Minimum building height shall be thirty (30) feet. 34 5. Parking. As required by Chapter 4, Article V, Section 3.D. 34., 6. Landscape and Streetscape Design. See Chapter 4, Article II, Section 4.B.5. 34 34, 34' 11 3' I C. Cultural District Overlay 3' 13' 4. Uses. Active cCommercial Utises on Ground Floor shall be required on the street 3' frontage of Ocean Avenue. 3' 3' D. Boynton Beach Boulevard Overlay(BBBO) 3. 13' 4. Uses: Active cCommercial Ulises on Ground Floor shall be required on the street 3 ; frontage of Boynton Beach Boulevard. 3' 12 3:I I 3: Section 3. City of Boynton Beach Land Development Regulations, Chapter 3, 3:. "Zoning", Article IV"Use Regulations" is hereby amended as follows: 3:- ARTICLE IV. USE REGULATIONS 3: 3:a Sec. 3. Use Regulations. 3: 3:: D. Use Matrix (Table 3-28). P= Permitted Residential Commercial Mixed-Use Indus Misc C= Conditional A= Accessory t-rial 1 co Q -r N .n v b 0 0.e. x lv q m G o 7 4 I Y ^ RESIDENTIAL&LODGING Accessory Dwelling P PPPP P P P Unit 36 36 36 36 36 ;6 44 24 36 36 Bed&Breakfast C C C C C C C 37 37 37 37 37 37 Dwelling,Single- P P P P P P P P P P A A family(detached) 34 34 34 34 34 49 34 34 44i 34 28 48 34 49 34 34 34 Dwelling,Two- P PP PP P P C-14 PPPP C A A family(duplex) 34 44 34 34 43 34 34 34 34 34 34 34 24 24 34 49 34 38 34 34 34 Dwelling,Multi- PP PP P P t= P P P P PPP P A A family(including 49 34 34 431 34 34 34 34 34 34 34 6 4 27 2E) 24) Townhomes) 34 49 39 39 6 6 6 34 34 34 34 34 34 Dwelling Units in P P P PPPPPP P A A Mixed Use Buildings 48 44 34 34 34 34 34 6 6 27 44 24 49 49 6 6 6 34 34 34 34 34 34 34 Group Home Type I P P P F P P (2 per room 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 C P P CCCC (comprehensive 14 14 40 40 40 40 40 40 40 40 40 service) 40 40 Hotel&Motel P PPPCCCCPP P 41 41 41 41 41 41 41 41 41 41 41 13 PPPPPPPPP I PPPPP Home Occupations 34 34 aLt 34 34 34 Li 34 34 34 34 34 34 Live-Work Units PPPPPP P 42 42 42 42 42 42 27 Manufactured Home P 34 T'-wonhense P P P P P P l P P P P P PP P A A }� 34 344 444 34 34 1 34 34 34 34 34 34 2-7 313 39 34 34 34 34 ;4 3'9 ... 3 0 6. General Note. This use is subject to requirements of Commercial/Active uses on 3 1 Ground Floor. - _ -• •• . . - . , . ' . 3 2 3 .. . ' 3 G a. Mixed-use projects within urban mixed-use zoning districts will meet the 3 5 requirement for the Commercial Uses on Ground Floor by including commercial 3 6 uses serving the general public such as retail, restaurants, bars, entertainment, 3 personal services,and office. 3 8 b. Residential-only projects within MU-1,MU-2 and MU-3 zoning districts located 3 9 within the Federal Highway District and the Heart of Boynton District(as defined 3;0 by the CRA Community Redevelopment Plan)will meet the requirement for the 3; Active Uses on Ground Floor by using recommended design features. 3;2 ... 133 320. Reserved. • •- - . • =• . :. - • - - . -;4 3;5 ... 3;6 38. Reserved. - ••, •- . 3;1 3;8 a. C 3 district and PCD district. A two family dwelling(duplex) shall comply 3;9 with the R 2 district regulations. See Chapter 3, Article III, Section 2.E. 3'0 3' 39. Reserved. _ _, • . . 3' 3''3 a. C 3 district and PCD district. A multi family dwelling shall comply with 3''4 the R 3 district regulations. See Chapter 3. Article III, Section 2.F. 3''.i .. 3"6 41. Hotel & Motel (includes-Boutique,Extended-stay, Apartment. Timeshare 3"7 Agent). 3'8 3"9 a. C 3 District. Timeshare hotel shall comply with R 3 district regulations. 4110 4111 4112 •4113 uses 4'14 4115 c. _ _ _ .. 416 use-approval. 14 41 141' : .. •.. . 4 ' 4 e-a. SMU District. Hotels require conditional use approval. Apartment ,.otcls 4 •.. •_ _ •. _ . _ ... . - • ' _. ._ ._ •• -_ . _ . Motels 4 are prohibited uses. 4 4 ' #b. MU-1 District, MU-2 District, and MU-3 District_ and MU 1 District. Hotels 4 require conditional use approval. ••• - • - • -. • •• . - . . 4 Motels are prohibited uses. 4 : 4 ' g. MU-4 District and MU-C District. : .. ' . - . _.•. . 4.� _. 4. exceed thirty percent (30%) of the gross floor area of the entire development. 4 . • .... - ' . . _ . _ . Motels 4. are prohibited uses. 4. 4. h. PID district. This non-industrial use is allowed within the PID district provided 4.+ it is located on a lot that has a Hotel (H) land use option. 4. 4. ; Section 4. Each and every other provision of the Land Development Regulations 4. not herein specifically amended, shall remain in full force and effect as originally adopted. 4 a Section 5. All laws and ordinances applying to the City of Boynton Beach in 4 conflict with any provisions of this ordinance are hereby repealed. 4 Section 6. Should any section or provision of this Ordinance or any portion 4 thereof be declared b) a court of competent jurisdiction to be invalid, such decision shall not 4 affect the remainder of this Ordinance. 4 Section 7. Authority is hereby given to codify this Ordinance. 4 Section 8. This Ordinance shall become effective immediately. 4 ' FIRST READING this 194ay of , 2019. 4 15 4SECOND, FINAL READING AND PASSAGE this day of £&r,2019. 4-, `'CITY OF BOYNTON BEACH, FLORIDA 44 4,A YES NO 4-r 4,1 Mayor—Steven B. Grant ✓ 4,G 4,: Vice Mayor—Justin Katz 44 4, : Commissioner—Mack McCray t/ 4, ' 41 Commissioner—Christina L. Romelus ✓ 4. 4'. Commissioner—Ty Penserga t/ 4. 4', VOTE s---0 4.. 4'i ATTEST: 4. 4' 4'' II 4:1 4: Cry 1 Gibson, MMC 4: . City Clerk 4: 41 r 4i `'42%'oipor b.Seal) •4a kc A t•-• z L:- '{'TI' '.': t 1 1 `H3 16