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22-022 1 2 ORDINANCE NO. 22-022 3 4 5 AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA 6 AMENDING THE LAND DEVELOPMENT REGULATIONS CHAPTER 2 LAND 7 DEVELOPMENT PROCESS, ARTICLE II PLANNING AND ZONING 8 DIVISION SERVICES, SECTION 1.F TO ALLOW FOR AN EXPIRATION OF 9 ABANDONED APPLICATIONS AND SECTION 7.G TO ESTABLISH A 10 PROCESS FOR ZONING INTERPRETATIONS AND; CHAPTER 3. ZONING, 11 ARTICLE II GENERAL PROVISIONS SECTION 11 TO CREATE AN 12 EXEMPTION FOR CITY-OWNED TELECOMMUNICATION TOWERS USED 13 FOR ESSENTIAL SERVICES AND; ARTICLE III. ZONING DISTRICTS AND 14 OVERLAY ZONES, SECTION 2.B REVISING THE PARAMETERS FOR 15 PERMITTED ADMINISTRATIVE ADJUSTMENTS; ARTICLE IV. USE 16 REGULATIONS, SECTION D, FOOTNOTE 23 TO REVISE THE 17 REGULATIONS FOR INDUSTRIAL USES ON ARTERIAL AND COLLECTOR 18 ROADWAYS; CHAPTER 4. SITE DEVELOPMENT STANDARDS, ARTICLE V. 19 MINIMUM OFF-STREET PARKING REQUIREMENTS, SECTION 3.G TO 20 INCLUDE A SUSTAINABLE PARKING RATIO FOR SELECT INDUSTRIAL 21 USES; PROVIDING FOR CONFLICTS, SEVERABILITY, CODIFICATION AND 22 AN EFFECTIVE DATE. 23 24 25 WHEREAS, Staff is proposing a series of various modifications to the City's Land 26 Development Regulations. The amendments largely focus on clarifying the intent of the 27 existing regulations; and 28 WHEREAS, the City Commission of the City of Boynton Beach has considered the 29 recommendations and has determined that it is in the best interest of the citizens and 30 residents of the City of Boynton Beach, Florida to approve the amendments to the Land 31 Development Regulations as contained herein. 32 NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY 33 OF BOYNTON BEACH, FLORIDA, THAT: 34 Section 1. The foregoing whereas clauses are true and correct and are now ratified 35 and confirmed by the City Commission. 36 Section 2. City of Boynton Beach Land Development Regulations,Chapter 2, Land 37 Development Process, Article II Planning and Zoning Division Services, Section 1.F to allow 38 for an expiration of abandoned applications and Section 7.G to establish a process for Zoning S:\CA\Ordinances\LDR Changes\LDR Amendment (Ch 2,Ch 3 And Ch 4)(Minor Amendments)-Ordinance Docx 39 Interpretations are hereby amended as follows: 40 CHAPTER 2. LAND DEVELOPMENT PROCESS 41 ... 42 ARTICLE II. PLANNING AND ZONING DIVISION SERVICES 43 ... 44 Sec. 1. General. 45 ... 46 E. Completeness. If the application is not complete, it shall not be subject to further review 47 until all identified deficiencies have been remedied. The Director of Planning and Zoning or 48 designee may rule that certain items are not required for the review to commence. A 49 determination of completeness shall not constitute a determination of compliance with the 50 substantive requirements of the Comprehensive Plan, the Land Development Regulations, 51 or any other applicable codes. 52 F. Abandonment. Applications which have no activity for a time greater than six months 53 will be considered abandoned and the application will be closed. 54 G-P. Fees. Fees shall be paid at the time each type of land development application is 55 submitted, according to the fee schedule approved by the City Commission. 56 ... 57 Sec. 7. Other Applications. 58 ... 59 G. Zoning Verification. 60 1. General. The purpose and intent of this subsection is to set forth a uniform 61 procedure for the processing of formal requests from the public for written information from 62 the city on zoning and land development regulations (i.e. zoning verification) or other data 63 associated with real property or the applicable process for development or redevelopment 64 thereof. 65 2. Submittal Requirements. The request shall be represented by a letter describing the 66 desired information and must include any applicable details on the subject property, such 67 as a legal description, site address, property owner, and the like. 68 3. Issuance of Zoning Verification Letter. Staff shall review each request and provide a 69 written response. 70 H. Interpretation by Planning & Zoning Director. 71 1. General. The purpose and intent of this subsection is to set forth a uniform 72 procedure for the processing of formal requests for Land Development Regulation 73 interpretations. 2 S:\CA\Ordinances\LDR Changes\I.DR Amendment (Ch 2,Ch 3 And Ch 4)(Minor Amendments)-Ordinance.Doca 74 2. Submittal Requirements. The request shall be represented by a letter describing the 75 desired information, the code section for which interpretation is requested, and must include 76 any applicable details. 77 3. Issuance of Interpretation by Planning &Zoning Director. Staff shall review each 78 request and provide a written response. 79 Section 3. City of Boynton Beach Land Development Regulations, Chapter 3. 80 Zoning, Article II General Provisions Section 11 to create an exemption for City-owned 81 telecommunication towers used for essential services is hereby amended as follows: 82 CHAPTER 3. ZONING 83 ... 84 ARTICLE II. GENERAL PROVISIONS 85 ... 86 Sec. 11. Municipal Operations and Emergency Facilities, Essential Services and Support 87 Infrastructure. 88 Municipal projects, including emergency facilities, essential services, and related 89 infrastructure, shall be exempt from certain development and site standards, which are 90 limited to minimum lot area, minimum lot frontage, maximum lot coverage, maximum floor- 91 area-ratio (FAR) and building setbacks. City-owned telecommunication towers used for 92 essential services are exempt from the maximum height regulations, but may only be 93 constructed to a height required to achieve the necessary services. The purpose of this 94 exemption is to provide for the necessary flexibility in siting, replacing and maintaining 95 essential public services and infrastructure, and to ensure an expeditious process when 96 necessary. Exempt projects shall be reviewed through the site plan review process for 97 compliance with all other development standards, including the intent of the Land 98 Development Regulations. The review of all municipal projects should ensure that such 99 improvements farther the city's vision and initiatives with respect to sustainability, capital 100 improvements planning, comprehensive planning and redevelopment planning. Eligibility 101 also 1 requires the subject project to be the principal use, and on city-owned property. 102 Municipal facilities, essential services and infrastructure are defined within the Land 103 Development Regulations, Chapter 1, Article II, Definitions. 104 Section 4. City of Boynton Beach Land Development Regulations, Chapter 3. 105 Zoning, Article III.Zoning Districts and Overlay Zones, Section 2.B revising the parameters for 106 permitted Administrative Adjustments is hereby amended as follows: 107 CHAPTER 3. ZONING 108 ... 109 ARTICLE III. ZONING DISTRICTS AND OVERLAY ZONES 110 ... 3 S:\CA\Ordinances\LDR Changes\LDR Amendment (Ch 2,Ch 3 And Ch 4)(Minor Amendments)-Ordinance.Doex 111 Sec. 2. Residential Districts. 112 ... 113 B. R-1-AA Single-family Residential District. 114 115 4. Administrative Adjustments. 116 a. For lots platted prior to August 19, 2008, the following administrative adjustments 117 to the minimum yard setbacks for first floor addition to existing residential structures may be 118 allowed: 119 Front and side yard: 20% reduction* 120 * - - - e -e-- - - e• e •e.e e e e - e e• - . • - . .•- , • - . e 121 prior to August 19, 2008. 122 Rear yard: 25% reduction 123 These setback reduction provisions shall not supersede any setbacks that are recorded 124 on a plat. 125 b. An administrative adjustment may be granted if any first floor addition follows the 126 building line of a legally nonconforming single-family structure, or a building line previously 127 approved by a variance. 128 c. See Chapter 2, Article II, Section 4.A. for the administrative adjustment process. 129 5. Accessory Structures. Walls, fences, pools, sheds, screen-roof enclosures, and 130 other structures are regulated in accordance with Chapter 3, Article V, Supplemental 131 Regulations. 132 133 134 Section 5. City of Boynton Beach Land Development Regulations, Chapter 3. 135 Zoning, Article IV, Use Regulations, Section D, Footnote 23 to revise the regulations for 136 industrial uses on arterial and collector roadways is hereby amended as follows: 137 CHAPTER 3. ZONING 138 ... 139 ARTICLE IV. USE REGULATIONS 140 ... 141 Sec. 3. Use Regulations. 142 ... 143 D. Use Matrix (Table 3-28). 144 ... 4 S:\CA\Ordinances\LDR Changes\LDR Amendment (Ch 2,Ch 3 And Ch 4)(Minor Amendments)-Ordinance.Docx 145 22. General Note. This non-industrial use is allowed within the M-1 district, provided that it 146 1) is located within a multiple-tenant development on a lot that fronts on an arterial 147 roadway; 2) does not exceed five thousand (5,000) square feet; 3) excludes a drive-up, 148 drive-through, or drive-in facility; and 4) complies with all off-street parking requirements of 149 Chapter 4, Article V. In addition, the sale of used merchandise is only allowed as accessory 150 to the sale of new merchandise. 151 23. General Note. This use is only allowed on an arterial or collector roadway within 152 the M-1 district provided that the building containing the use does not have frontage on or is 153 in view of Congress Avenue or if the use contains anthat it has accessory commercial ,154 component to the operation which . This establishment will be required to meets the 155 following criteria: 156 a. Location. The accessory commercial component shall be located within a building 157 situated on a lot that fronts on an arterial or collector roadway; and 158 b. Interior. An indoor showroom of at least two hundred fifty (250) square feet for 159 retail sales shall be required for establishments twenty-five thousand (25,000) square feet 160 or less. An indoor showroom area of at least one percent (1%) of the gross floor area shall 161 be required for establishments greater than twenty-five thousand (25,000) square feet. 162 24. General Note. This non-industrial use is allowed within the PID district provided it 163 is located on a lot that has a Commercial (C) land use option. 164 165 166 Section 6. City of Boynton Beach Land Development Regulations, Chapter 4. Site 167 Development Standards, Article V. Minimum Off-Street Parking Requirements, Section 3.G to 168 include a sustainable parking ratio for select industrial uses is hereby amended as follows: 169 CHAPTER 4. SITE DEVELOPMENT STANDARDS 170 ... 171 ARTICLE V. MINIMUM OFF-STREET PARKING REQUIREMENTS 172 ... 173 Sec. 3. Special Reductions in Required Off-Street Parking 174 ... 175 G. Parking Reductions for Sustainability. To promote or recognize sustainable design or 176 operation, including increased pervious area, reduced parking fields, promotion of mass 177 transit and uses of renewable energy sources, lower parking requirements will be granted 178 to eligible developments as follows: Use Minimum Number of Required Parking Spaces ' Building area is based on gross floor area unless specifically expressed otherwise. S:\CA\Ordinances\LDR Changes\IDR Amendment (Ch 2,Ch 3 And Ch 4)(Minor Amendments)-Ordinance.Docx Efficiency or one (1)-bedroom apartment 1.33 Two (2) or more bedroom apartment 1.66 Shopping center 1 per 250 Office- Retail complex 1 per 250 Grocery store 1 per 250 Industrial Uses: (Reserved) 1 per 1000(Reserved} - Packing & shipping, trucking, and moving -Warehouse, Wholesale, Distribution (Single-tenant building) -Warehouse, Internet sales 179 ' Only represents the base minimum parking rations. Other requirements may also apply 180 including parking for guests and recreation area as describe in other sections of the Land 181 Development Regulations. 182 183 184 Section 7. Each and every other provision of the Land Development Regulations 185 not herein specifically amended, shall remain in full force and effect as originally adopted. 186 Section 8. All laws and ordinances applying to the City of Boynton Beach in 187 conflict with any provisions of this ordinance are hereby repealed. 188 Section 9. Should any section or provision of this Ordinance or any portion 189 thereof be declared by a court of competent jurisdiction to be invalid, such decision shall not 190 affect the remainder of this Ordinance. 191 Section 10. Authority is hereby given to codify this Ordinance. 192 Section 11. This Ordinance shall become effective immediately. 193 FIRST READING this 18th day of October, 2022. 194 6 S:\CA\Ordinances\LDR Changes\LDR Amendment (Ch 2,Ch 3 And Ch 4)(Minor Amendments)-Ordinance.Docx 195 SECOND, FINAL READING AND PASSAGE this day of November, 2022. 196 CITY OF BOYNTON BEACH, FLORIDA 197 198 YES NO 199 200 Mayor-Ty Penserga -f' /ti' 201 V 202 Vice Mayor-Angela Cruz 203 kV- 204 204 Commissioner-Woodrow L. Hay 205 206 Commissioner-Thomas Turkin 207 208 Commissioner-Aimee Kelley 209 Lt-0//��1 210 VOTE /-V 211 212 213 214 ATTE:T: 215 216 A L l! �° ./6-I\P 217 Mayle: De sus, MPA MC Ty Penserga 218 City Clerk „` Mayor 219 --0,-04 WON `, 220 %tt ••QORAT• `!', APP' i ! A O F 6'"M: 221 (Corporate Seal) f ti ;�'�'� / 222 i : ►7 i 223 if, �, .tiC192o 1 Michael D. Cirullo,Jr. 224 , % City Attorney 225 FLORCII " 7 S:\CA\Ordinances\LDR Changes\LDR Amendment (Ch 2,Ch 3 And Ch 4)(Minor Amendments)-Ordinance.Docx