20-023 1
2 ORDINANCE NO.20-023
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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,"TO ADD SECTION 3.AA,
9 IN-GROUND STORM SHELTERS; PROVIDING FOR
0 CONFLICTS, SEVERABILITY, CODIFICATION AND AN
1 EFFECTIVE DATE.
2
3
4 WHEREAS, Staff has been requested to explore regulations for in-ground storm
5 shelters and have found that while some residents choose to fortify the exterior of their
6 residence, and some have constructed safe rooms within the home, a contingent of residents
7 throughout the country, especially in the mid and southwest prefer to utilize an in-ground
8 storm shelter as their means of protection during a storm; and
9 WHEREAS, with South Florida being prone to hurricane strikes, and the tornadoes
0 spawned by them and other tropical systems,this type of shelter can provide another form of
. 1 protection; and
2 WHEREAS, the City Commission of the City of Boynton Beach has considered the
3 recommendations and has determined that it is in the best interest of the citizens and residents
4 of the City of Boynton Beach, Florida to approve the amendments to the Land Development
5 Regulations as contained herein.
6 NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
7 THE CITY OF BOYNTON BEACH,FLORIDA,THAT:
8 Section 1. The foregoing whereas clauses are true and correct and are now ratified
9 and confirmed by the City Commission.
0 Section 2. City of Boynton Beach Land Development Regulations, Chapter 3,
I "Zoning", Article V, Supplemental Regulations, to add Section 3.AA, In-ground Storm
2 Shelters is hereby amended as follows:
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33 CHAPTER 3. ZONING
34 ARTICLE V. SUPPLEMENTAL REGULATIONS
35 ...
36 Z. Electric Vehicle (EV) Charging Station.
37 1. Permits Required. The installation of an EV charging station shall comply with all
38 applicable regulations and permitting requirements required by life-safety/building codes
39 and these land development regulations.
40 2. Allowable Location(s). EV charging stations shall be allowed in all zoning districts,
41 but only in connection with a lawful principal use. In addition,the following restrictions
42 shall apply:
43 a. In residential zoning districts,EV charging stations shall not be available for public
44 usage, except for where used in connection with a non-residential use;
45 b. All EV charging stations shall be located within a conforming parking space or
46 upon an on-site area that is specifically designed and designated for EV charging. For
7 nonresidential uses, any parking stall with EV charging is allowed to be used in the
48 computation for meeting the minimum number of required off-street parking spaces. The
49 preferred location shall be such that a single EV charging station could service two (2)
90 parking stalls.
91 c. The provision for an EV charging station may vary based on the design and use of
92 the primary parking lot; however in all instances, the proposed location must ensure the safe
93 and efficient flow of vehicular and pedestrian traffic. EV charging stations, including its
14 associated equipment and power cords, shall not traverse sidewalks, accessible routes,or
55 other pedestrian areas. Likewise,the placement of each EV charging station shall not
96 conflict with landscaping to the extent that the purpose and intent of the landscape code is
97 no longer met.
98 d. No EV charging station shall be installed within a designated handicap space
99 unless it is specifically designed and intended for handicap use only;
(10 e. Level 3 EV charging stations shall be prohibited in all residential zoning districts
1 or in connection with any residential use; and
(2 f. A vendor may be allowed to install EV infrastructure on public lands or rights-of-
63 way,but only contingent upon the granting of all necessary approvals and/or agreements
04 with the City Commission and all applicable agencies.
65 3. Signage. Also see Chapter 4, Article IV, Section 4.D for special signage that is
66 allowed in connection with EV charging stations.
67 4. Maintenance. EV charging station equipment shall be maintained in all respects,
48 including the proper functioning of the charging equipment. A current phone number and
69 other contact information shall be provided on the charging station equipment for the party
70 responsible for maintenance and operation of the equipment.
71 5. Safety. Information on the EV charging station must identify voltage and amperage
72 levels and time of use, fees, or safety information. When the EV charging station space is
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73 perpendicular or at an angle to curb face and charging station equipment, adequate
74 equipment protection such as wheel stops or bollards shall be used.
75 6. Data to be Available. To allow for maintenance and notification, owners of any new
76 public EV charging station shall provide information on the station's geographic location,
77 date of installation, equipment type and model, and owner contact information. This
78 information shall be submitted to the Director of Public Works.
79 7. Restrictions. The property owner of a public EV charging station shall have the
80 authority to place restrictions on the number of hours that an EV is allowed to charge, in
81 order to deter indefinite charging/parking.
82 AA. In-ground Storm Shelter.
83 1. Allowable Location(s). In-ground shelters shall be allowed in all residential zoning
84 districts.but only in conjunction with a lawful principal use. In addition,the following
85 restrictions shall apply:
86
87 a. The shelter may only be allowed in the side interior yard under the following
88 conditions:
89
co (1) The shelter may not be placed in any easements.
51
S2 (2) No more than three (3) feet of the structure extends above ground;
S3
S4 (3) Any portion of the structure above ground must be setback a minimum of
S 5 three(3) feet from the side property line, and may not extend forward of the
S 6 front building line.
S7
S 8 b. The shelter may be located in the rear yard under the following conditions:
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160 (1) The shelter may not be placed in any easements.
1(1
1(2 (2) The structure may not exceed the height of the principal structure within
1(3 fifteen (15)feet of the rear property line.
1(4
1(5 (3) Between fifteen (15)feet and five (5) feet of the rear property line,the
106 structure may not exceed a height of five(5)feet.
1(7
1(8 (4) A minimum five (5)fbot rear setback is required.
199
110 (5) The portion of the shelter located above ground shall be calculated in the
111 maximum allowable lot coverage.
112
113 AA. BB Miscellaneous.
114 1. Amusement Rides. Miscellaneous structures, such as coin-operated rides and other
115 amusement devices, shall only be allowed within the principal structure, excluding those
116 used in conjunction with an arts, entertainment, and recreational establishment.
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117 2. Donation Bins. See Chapter 4, Article 111, Section 3.F.3. for additional standards
118 regarding donation bins.
119 3. Helicopter Pads (aka Helistops). See City Code of Ordinances Part 11. Chapter 15,
120 Article V for regulations regarding aircraft landing facilities.
121 4. Animal Enclosures. See City Code of Ordinances Part II, Chapter 4 for the
122 regulations regarding animal enclosures (dog houses).
123 5. Newsracks. See City Code of Ordinances Part II, Chapter 15, Article VI for
124 regulations regarding newsracks.
125 6. Other Structures and Amenities. All other amenities and structures that are similar,
126 but not specifically mentioned in the above, shall require applications to the Director of
127 Development.
128
129 Section 3. Each and every other provision of the Land Development Regulations
130 not herein specifically amended, shall remain in full force and effect as originally adopted.
131 Section 4. All laws and ordinances applying to the City of Boynton Beach in
L12 conflict with any provisions of this ordinance are hereby repealed.
133 Section 5. Should any section or provision of this Ordinance or any portion
134 thereof be declared by a court of competent jurisdiction to be invalid, such decision shall not
135 affect the remainder of this Ordinance.
136 Section 6. Authority is hereby given to codify this Ordinance.
13 7 Section 7. This Ordinance shall become effective immediately.
13 8 FIRST READING this f day of June, 2020.
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142 SECOND, FINAL READING AND PASSAGE this 2 day of TL,-1/ , 2020.
143 CITY OF BOYNTON BEACH, FLORIDA
144 YES NO
145
146 Mayor—Steven B. Grant
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148 Vice Mayor—Ty Penserga ✓
149
150 Commissioner—Justin Katz
151 /
152 Commissioner—Woodrow L. Hay ,/
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154 Commissioner—Christina L. Romelus
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156 VOTE S-
-'a
157
158 ATTEST:
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160
161
162 tal Gibson, MMC
163 City Clerk
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165
166 (Corporate Seal)
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