20-022 1
2 ORDINANCE NO. 20-022
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4
5 AN ORDINANCE OF THE CITY OF BOYNTON BEACH,
6 FLORIDA AMENDING THE LAND DEVELOPMENT
7 REGULATIONS CHAPTER 3 "ZONING", ARTICLE V,
8 "SUPPLEMENTAL REGULATIONS," SECTION 3.D.
9 SWIMMING POOLS AND SPAS, TO AMEND LOCATIONAL
0 CRITERIA; PROVIDING FOR CONFLICTS, SEVERABILITY,
1 CODIFICATION AND AN EFFECTIVE DATE.
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3
4 WHEREAS, to provide flexibility for homeowners on corner lots, where building
5 orientation of the house or other site improvements preclude the ability to construct a pool in
6 the requisite rear or interior side yard, staff recommends a minimal code amendment to allow
7 pools to be constructed within the front or corner side yard; and
8 WHEREAS, currently an administrative adjustment may be granted to allow a house
9 to be expanded to within 20 feet of the front or corner side yard property lines; and
.0 WHEREAS, as other improvements have been construed to be non-impactful within
1 the required setbacks, staff's proposal would allow in-ground swimming pools to be no closer
2 than 15 feet from the front or side corner property lines; and
3 WHEREAS,the pool would need to be visually screened with a minimum 4-foot tall
4 opaque fence, wall or landscape buffer,which are currently allowed in any front or side yard
5 setback; and
6 WHEREAS, the City Commission of the City of Boynton Beach has considered the
7 recommendations and has determined that it is in the best interest of the citizens and residents
8 of the City of Boynton Beach, Florida to approve the amendments to the Land Development
9 Regulations as contained herein.
0 NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
1 THE CITY OF BOYNTON BEACH, FLORIDA,THAT:
2 Section 1. The foregoing whereas clauses are true and correct and are now ratified
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<< and confirmed by the City Commission.
Section 2. City of Boynton Beach Land Development Regulations, Chapter 3,
"Zoning", Article V, Supplemental Regulations, Section 3.D. Swimming Pools, to amend
c. locational criteria is hereby amended as follows:
Sec.l. General
1' Sec.3. Common Building Appurtenances, Freestanding Structures, and Site
Amenities,Excluding Walls and Fences.
111
D. Swimming Pools and Spas. Unless otherwise regulated by a master plan or site
plan for a planned development, in-ground and above-ground swimming pools and spas
I, (less than thirty-six (36) inches in height) shall be setback at least eight(8) feet from rear
5 and side interior property lines; however, such required setbacks may be reduced to two
116 (2)feet in instances where the rear or side interior yard, whichever is applicable, abuts a
:7 body of water, golf-course, an improved road, railroad, or highway right-of-way, or a
8 non-residential property. The required setback may be further reduced in such
9 situations, but only upon the determination of the Director of Planning and Zoning when
MO determined necessary to 1) comply with all applicable rules and regulations; 2)be of
11 minimum scale that will make possible the reasonable use of land; and 3)have no
12 impact to abutting properties.
N3 For clarification, the provision to reduce setbacks shall only be available within the
M4 yard(s) along property lines abutting the qualifying undevelopable or non-residential
5 lands. Above-ground swimming pools and spas greater than thirty-six (36) inches in
N6 height shall be setback ten(10)feet from rear and side interior property lines. trl
r9 Swimming pools and spas shall be restricted to rear and interior side yards, except in
�0 circumstances as noted below on corner lots.
11 To provide flexibility on corner lots while also preserving the intended appearance of
M2 the streetscape, an in-ground pool or spa shall be allowed in the front and corner side
`3 yards,with a minimum setback of fifteen (15)feet from the property line abutting the
M4 right-of-way, when the orientation of the house and site improvements preclude the
r5 siting of an in-ground pool and/or spa within the rear or interior side yards. The
r6 swimming pool must be screened with an opaque fence, wall, or dense landscaping
r7 installed at a minimum of four(4) feet in height(note that other regulations may be
r8 applicable for fence heights and setbacks within the Supplemental Regulations section
r9 of the Land Development Regulations).No appurtenance associated with the pool may
0 extend above the height of the visual screening installed (i.e. screen enclosure, shade
1 structure/tiki hut. or other similar equipment/structure), unless elsewhere permitted in
2 the Land Development Regulations.
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73 1. Private Pump Housing and Equipment. Private pump housing and equipment for
74 swimming pools (and spas) shall be setback at least three (3)feet from the rear and
75 interior side property lines and adequately screened where visible from abutting rights-
76 of-way or properties zoned for single-family residential dwellings. Private pump houses
77 and equipment shall not be allowed within the required front or corner side yards,
78 including forward of the front or corner side building lines, unless approved for an
79 administrative adjustment if it is determined that no other on-site location is available or
80 feasible. See Chapter 2,Article II, Section 4.A. for the regulations pertaining to the
81 administrative adjustment process.
82 2. Miscellaneous. See the Florida Building Code for additional regulations regarding
83 barrier requirements around a swimming pool.
84 ...
85 Section 3. Each and every other provision of the Land Development Regulations
86 not herein specifically 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
88 conflict with any provisions of this ordinance are hereby repealed.
E9 Section 5. Should any section or provision of this Ordinance or any portion
co thereof be declared by a court of competent jurisdiction to be invalid, such decision shall not
9 l affect the remainder of this Ordinance.
92 Section 6. Authority is hereby given to codify this Ordinance.
93 Section 7. This Ordinance shall become effective immediately.
94 FIRST READING this /01 day of June, 2020.
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96 {REMAINDER OF PAGE INTENTIONALLY LEFT BLANK}
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8 SECOND,FINAL READING AND PASSAGE this VII- day of Si ,2020.
39 CITY OF BOYNTON BEACH, FLORIDA 11
130 YES NO
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132 Mayor—Steven B. Grant
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1:,4 Vice Mayor—Ty Penserga
125
1.36 Commissioner—Justin Katz
127
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1�g Commissioner—Woodrow L. Hay V
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110 Commissioner—Christina L. Romelus
111 S-9
112 VOTE
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114 ATTEST:
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117 •f/
118 Cr stal Gibson, MMC
119 City Clerk
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121
2 (Corporate Seal)
Ca Y
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