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 developed as a unified project. Also included in the Overlay are the parcels with commercial underlying zoning located between NE 9th Avenue and NE 11th Avenue.
3.
Use(s).
a. Commercial Frontage Requirements. The required commercial spaces fronting the following rights-of-way shall be a minimum of forty (40) feet in depth and a minimum of thirteen (13) feet in ceiling height. Exemptions to required frontage include provisions for access, public usable open space, and site visibility triangles.
(1) Seventy percent (70%) of the ground floor frontage of structures fronting Martin Luther King Jr. Boulevard must consist of Commercial Uses at the build-to line. The remainder of the ground floor frontage along Martin Luther King Jr. Boulevard not occupied by Commercial Uses must consist of Active Uses at the build-to line.
b. 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 except of the following prohibited uses:
(1) Dwelling, single-family (detached);
(2) Dwelling, two-family (duplex);
(3) Automobile rental;
(4) Automotive, major repair;
(5) Automotive, minor repair;
(6) Auto/car wash, self-serve bay;
(7) Auto dealer, new;
(8) Auto dealer, used;
(9) Auto/car wash (polishing, waxing, detailing);
(10) Automotive window tinting/stereo installation/alarms;
(11) Drive-through facilities;
(12) Gasoline station;
(13) Group homes Type I, II, Ill, and IV;
(14) Adult entertainment.
c. 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-through facilities.
d. Live-work units are permitted, but may not front MLK Jr. Boulevard and do not replace the required Commercial Uses on ground floor.
e. Additionally, no legally existing use shall be deemed non-conforming as a result of the MLKBO regulations.
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 (3) 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) a five (5) 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 fifteen (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 fifteen (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, corner side, and rear setbacks shall be in accordance with the Mixed Use 1 zoning district (see Section 5.C. above).
d. Maximum building height shall be in accordance with the Mixed Use 1 zoning district (see Section 5.C. above). 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.
B. Urban Commercial District Overlay.
1. Intent. The purpose of this overlay is to encourage the development and redevelopment of commercially-zoned parcels in a manner consistent with the pattern of development of parcels with mixed use zoning classifications.
2. Objectives. The objectives of this overlay are as follows:
a. Support and enhance revitalization efforts along the city's commercial corridors within the redevelopment areas.
b. Improve aesthetic and pedestrian streetscape environments by preventing the placement of off-street parking between the front of the building(s) and the rights-of-way.
c. Allow flexibility in architectural design and building bulk; while maximizing compatibility and harmony with adjoining development within the defined area.
3. Defined. The Urban Commercial District Overlay (UCDO) is established by the following boundaries:
a. The boundary is the city limits to the north, the Intracoastal Waterway to the east, the city boundary to the south, and the Florida East Coast Railroad (F.E.C.) and Palm Boulevard (Northeast 4th Street) to the west.
4. Conflict. In the event of any conflict between the provisions of the Urban Commercial District Overlay (UCDO) and any other sections of the Land Development Regulations, the provisions of this section shall prevail. These provisions shall not be construed to supersede any federal, state, or county laws; and/or any rezoning of lands to a mixed use zoning district.
5. Use(s).
a. Commercial Frontage Requirements. The required commercial spaces fronting the following rights-of-way shall be a minimum of forty (40) feet in depth and a minimum of thirteen (13) feet in ceiling height. Exemptions to required frontage include provisions for access, public usable open space, and site visibility triangles.
(1) Seventy percent (70%) of the ground floor frontage of structures fronting the portion of Federal Highway between SE 18th Avenue and Martin Luther King Jr. Boulevard, the portion of Ocean Avenue west of SE/NE 6th Street, and/or the portion of Boynton Beach Boulevard west of Federal Highway, must consist of Commercial Uses at the build-to line. The remainder of the ground floor frontage along the portion of Federal Highway between SE 18th Avenue and Martin Luther King Jr. Boulevard, the portion of Ocean Avenue west of SE/NE 6th Street, or the portion of Boynton Beach Boulevard west of Federal Highway not occupied by Commercial Uses must consist of Active Uses at the build-to-line.
6. Building and Site Regulations (Table 3-27). Development within this overlay shall be in accordance with building and site regulations applicable to the underlying zoning district except as follows:
BUILDING SITE REGULATIONS Urban Commercial District Overlay | |
Build-to line:1, 2 | |
Front (abutting any public right-of-way): | 0 ft. |
Rear: | 0 ft. |
Interior side: | 0 ft. |
Minimum yard setbacks:
| |
Rear (abutting residential district): | 30 feet |
Interior side (abutting residential district): | 15 feet |
Maximum structure height:
| Zoning1 |
1 Buildings and structures fronting Federal Highway, or other roads described in the CRA Plan, shall be located no father 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). The minimum PZ is comprised of three (3) 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) a ten (10) foot wide sidewalk, 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.
2 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).
3 Shall be defined by the applicable zoning district.
7 Parking. As required by Chapter 4, Article V.
8. Miscellaneous.
a. Landscape and Streetscape Design. See Chapter 4, Article II, Section 4.B.5.
b. Building Location. See Chapter 4, Article III, Section 6.
c. Shade and Shelter. See Chapter 4, Article III, Section 6.
C. Cultural District Overlay.
1. Purpose and Intent. The Cultural District Overlay (CPO) is comprised of multiple properties and a mix of zoning districts that currently accommodates residential (single-, two- and multi-family), commercial, and institutional land uses. The CRA Redevelopment Plan recommends the Mixed Use Medium Future Land Use Classification for a majority of the District, which allows a maximum density of fifty (50) dwelling units per acre. The remainder of the District is recommended for the Mixed Use High Future Land Use Classification find the corresponding maximum density of eighty (80) dwelling units per acre. The purpose and intent of the CPO are as follows:
a. Provide for a mix of selected commercial, residential, office, and entertainment uses and activities with an emphasis on arts and cultural ventures that will encourage the adaptive re-use of existing buildings, restoration of historic structures, and maintain and further enhance the pedestrian scale and historic character of the area;
b. Encourage the location of specialty retail, art related uses and entertainment establishments, along with pedestrian-friendly improvements that would complement and support relationships between the downtown district and marina/waterfront attractions to the east and the cultural/civic campus to the west;
c. Initiate implementation of various recommendations contained within the CRA Redevelopment Plan;
d. Stimulate greater awareness of and pride in the City's architectural, historical, and cultural heritage;
e. Ensure that redevelopment within this area, regardless of underlying zoning district, will maintain an appropriate development scale; and
f. Improve overall livability of the general area and enhance property values.
2. Defined. The Cultural District Overlay (CPO) shall be bounded on the east by the Florida East Coast Railroad (F.E.C.), on the west by Seacrest Boulevard, on the south by Southeast 2nd Avenue, and on the north by Northeast 1st Avenue.
3. Conflict. Unless deemed otherwise by the Planning and Zoning Administrator, in the event of any conflict between the provisions of the Cultural District Overlay Zone and any other sections of the land development regulations, the provisions of this section shall prevail. These provisions shall not be construed to supersede any county, state, or federal laws.
4. Uses.
a. Commercial Frontage Requirements. The required commercial spaces fronting the following rights-of-way shall be a minimum of forty (40) feet in depth and a minimum of thirteen (13) feet in ceiling height. Exemptions to required frontage include provisions for access, public usable open space, and site visibility triangles.
(1) Seventy (70%) of the ground floor frontage of structures fronting Ocean Avenue must consist of Commercial Uses at the build-to line. The remainder of the ground floor frontage along Ocean Avenue not occupied by Commercial Uses must consist of Active Uses at the build-to-line.
b. 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:
(1) Dwelling, Single-family( detached);
(2) Dwelling, Two-family (duplex);
(3) Auto Broker;
(4) Automobile Rental;
(5) Automotive, Major Repair;
(6) Automotive, Minor Repair;
(7) Auto/Car Wash, Self-serve Bay;
(8) Auto Dealer, New;
(9) Auto Dealer, Used;
(10) Automotive Parts Store;
(11) Auto/Car Wash (Polishing, Waxing, Detailing);
(12) Automotive Window Tinting/Stereo Installation/Alarms;
(13) Drive- thru facilities;
(14) Day & Trade Labor Pool (Temporary Help);
(15) Boat Dealer/Rental;
(16) Cleaning Supply Store (Swimming Pool, Janitorial);
(17) Convenience Store;
(18) Gasoline Station;
(19) Showroom warehouse (single-product line);
(20) Merchandise, Used (Other);
(21) Merchandise, New (Supercenter, Discount, Department, Club);
(22) Home Improvement Center;
(23) Coin-operated Laundry;
(24) Funeral Home;
(25) Pet Care (Boarding and Daycare);
(26) Cemetery;
(27) Church;
(28) Civic & Fraternal Club/Organization;
(29) Group homes Type I, II, III, and IV;
(30) College, Seminary, University;
(31) School, Primary and Secondary;
(32) School, Industrial & Trade;
(33) Shooting Range, Indoor;
(34) Adult entertainment;
(35) Temporary employment agency;
(36) Tutoring or Testing Center;
(37) Private Parking Lots; and
(38) Social service agency.
c. 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.
d. Live-work units are permitted, but may not front East Ocean Avenue or Seacrest Boulevard.
e. School, Professional & Technical schools are limited to those that teach the culinary and visual arts.
f. Additionally, no legally existing use shall be deemed non-conforming as a result of the CDO emulations.
5. Modified Building and Site Regulations. Development within this Overlay, including proposed expansions and additions to existing structures shall be in accordance with the building and site regulations as follows:
MODIFIED BUILDING/SITE REGULATIONS1 Cultural District Overlay |
MODIFIED BUILDING/SITE REGULATIONS1 Cultural District Overlay | |
Minimum Lot Area: | 10,000 square feet |
Minimum Lot Frontage: | 100 feet |
Pedestrian Zone: | |
Minimum street tree area2: | 5 feet * Measured from the back of curb |
Minimum sidewalk width2 | 8 feet clear * Measured from the centerline of street trees |
Minimum active area width: (Applicable to Ocean Avenue, Seacrest Boulevard, NE/SE 1st Street, and NE/SE 3rd Street frontages) | 8 feet6 * Measured from edge of the sidewalk |
Overhead utilities: | Must be undergrounded in conjunction with any new development or major modification of existing developments |
Build-to-line: | Abuts the pedestrian zone |
Minimum building frontage: (Applicable to Ocean Avenue, Seacrest Boulevard, NE/SE 1st Street, and NE/Se 3rd Street frontages) | 75% of the lot frontage must be occupied by structure adjacent to the pedestrian zone |
Maximum structure height5:: | Per Corresponding Zoning District |
Ocean Avenue Any properties abutting or adjacent to SE 2nd Avenue | 35 feet consistent for a depth of a minimum of 30 feet 35 feet |
Minimum structure height: Ocean Avenue | 30 feet |
On-street parking: | Required where possible |
Minimum yard setbacks: Rear: Interior side: | 10 feet 0 feet 4 |
Minimum Useable Open Space: | 1% of lot area |
1 No legally existing building or structure shall be deemed non-conforming with respect to setbacks, lot coverage, or building height.
2 Sidewalks shall be constructed of Holland-stone pavers, red/charcoal color mix by Paver Systems, Inc., or equal, laid in a 45 herringbone pattern.
3 Canopy trees are required 1 per 25 feet of street frontage.
4 Minimum interior side setback standards may require increases when adjacent to registered historic structures.
5 Maximum height standards may require reductions when adjacent to registered historic structures.
6 Permanent structures such as columns and walls are not permitted within the required active area. Self-supporting architectural elements such as awnings and balconies may overhang onto the active area.
Pedestrian Zone Requirements
6. Accessory Structures.
a. Fences:
(1) Fences along street frontages are not permitted on East Ocean Avenue or Seacrest Boulevard.
(2) Fences along any other street frontage shall not exceed three (3) feet in height.
(3) Any fence that is proposed in the remainder of the district shall be decorative in nature. Walls, chain link, board on board, shadowbox, and similar types of fences are expressly prohibited.
b. All parking, mechanical equipment, trash containers, and miscellaneous equipment shall be landscaped to be screened from view.
7. Building Design.
a. Buildings in the Cultural District Overlay (CDO) shall reflect a Coastal Village style of architecture, consisting primarily of hip and/or gable roof, rectilinear forms with stepbacks, porches, and building articulation. This style derives its character from various elements associated with the Key West Vernacular and Bungalow styles of architecture found throughout South Florida. Overhangs for pedestrian canopies and visual interest should be incorporated whenever possible. Overhead structures gateways, and arches, help define space, provide pedestrian comfort, and reinforce character and identity. New structures shall be constructed with the pedestrian building entries oriented towards the street and shall be sensitive to the scale, massing and design envisioned in the CRA Redevelopment Plan.
b. Additions and Modifications to Existing Buildings. All building additions shall be sensitive to the original building design relative to the architectural style, building materials/components and treatments, and proportions.
c. Fenestration Requirements.
Ground-level building facade occupied by transparent window or door openings (minimum area) | ||
Street Frontage | Commercial Mixed-Use Developments (%) | Residential Development (%) |
Ground-level building facade occupied by transparent window or door openings (minimum area) | ||
Street Frontage | Commercial Mixed-Use Developments (%) | Residential Development (%) |
Ocean Avenue | 502 | 301 |
SE 2nd Avenue | 30 | |
Seacrest Boulevard | 302 | |
NE/SE 1st Street | 302 | |
NE/SE 3rd Street | 302 | |
NOTES: 1 These standards also apply to any portion of a ground-level facade facing a courtyard or patio. 2 To count toward this transparency requirement, a window or door opening must have a maximum sill height of 2 feet above grade and a minimum head height of 6 feet, 8 inches above grade. | ||
(1) Any transparent window and door openings occupying a mound-level street-facing building facade shall comply with the following standards:
i. The opening shall be filled with glazing that has a minimum visible light transmittance of 75% and a maximum reflectance of 15%; and
ii. The opening shall be designed to allow view of an interior space at least five (5) feet deep (e.g., transparent openings may include traditional storefront display windows, but not merely glass display cases). The view into a commercial use shall not be permanently obstructed by screens, shades, shutters, or opaque films applied to the glazing.
8. Parking.
a. Minimum Number of Required Spaces. The minimum number of required off-street parking spaces shall be calculated in accordance with Chapter 4, Article V, Section 2; however, the total number of required spaces may be reduced by up to fifty percent (50%) for all new developments, excluding residential projects. When two (2) or more adjacent property owners combine their off-street parking in accordance with the code and construct a shared parking facility with common access drives, the total number of required off-street parking spaces may be reduced by an additional ten percent (10%).
b. Allowable Location of Off-Street Parking Spaces.
(1) The intent of the CDO is to screen off-street parking areas from abutting rights-of-way and locate buildings along front and side corner property lines. Therefore, on-site parking areas shall be located within rear and side interior yards for all new projects and those in which parking areas would be altered to accommodate a proposed building renovation or expansion.
(2) Existing parking areas for existing developments may remain if the spaces are unaltered as part of any building renovation or expansion. In these instances, the existing off-street parking area shall be substantially screened from off-premises by a hedge, decorative fencing, arcades, or a combination thereof, provided that such proposal remains consistent with the intent of the CDO, and to the standards of the urban landscape code to the maximum extent possible. Any deviation from the above standards would require the approval of a waiver in accordance with Chapter 2, Article II, Section 4.E.
(3) If one hundred percent (100%) of the required off-street parking spaces cannot be provided on-site, they may be provided at an off-site location provided the following conditions are met: 1) the proposed location is not farther than five hundred (500) feet from the subject property as measured by a straight line from a point on the boundary of the property to the closest boundary line of the property to be leased (distances for municipal projects may be greater in conjunction with an overall or downtown parking strategy); and 2) the off-site location is owned or leased by the owner or operator of the subject business or property owner. Any lease agreement must be approved by the City Commission. The parent business property shall be posted with signage indicating the location of the off-site parking spaces. All spaces provided by the property/business owner on and off-site shall be maintained as unreserved, unrestricted parking available to the public, except designated handicap spaces required by law.
c. Exceptions to Providing Required Parking. See Chapter 4, Article V, Section 4.A. for additional provisions regarding exceptions to providing required off-street parking.
9. Signage and Exterior Lighting Standards.
a. Signs allowed within the Cultural District Overlay shall be externally illuminated only, and be limited to wall mounted, and projecting signs.
b. The size of wall mounted signs shall be calculated at one-half (0.5) square foot of sign area per one (1) lineal foot of building frontage measured along the main building entrance.
c. Projecting signs are only permitted on the first floor. Projecting signs and mounting brackets shall be decorative in nature, and the sign face shall not exceed five (5) square feet in size.
d. Undercanopy signs are permitted one (1) per doorway and shall not exceed three (3) square feet each. All undercanopy signs must have a minimum clearance of eight (8) feet.
e. A-frame signs are permited only within required active areas when included and reviewed as a part of an overall sign program.
f. Prohibited sign types: Freestanding signs, roof mounted signs, any signs above thirty-five (35) feet (first three (3) stories), animated, or moving signs, and all other signs prohibited by code.
g. All mixed-use developments are required to provide a plan for parking signage to maximize awareness of and access to public parking locations.
h. General lighting of the site shall harmonize with and blend into residential/mixed use environment. Ground lighting and up lighting of the building and landscaping is encouraged.
However, when the use of pole lighting is necessary, the fixture height shall not exceed fifteen (15) feet, be decorative in nature and compatible with the color and architecture of the building.
i. These standards exclude municipal signage designed to promote or represent a greater signage plan or branding initiative.
D. Boynton Beach Boulevard Overlay (BBBO).
1. Purpose and Intent. The Boynton Beach Boulevard Overlay (BBBO) is comprised of multiple properties and a mix of zoning districts that currently accommodates primarily commercial, residential, and institutional land uses. The CRA Redevelopment Plan recommends the Mixed Use Low, Mixed Use Medium, and Mixed Use High Future Land Use Classification along Boynton Beach Boulevard, increasing in intensity as the Downtown District is approached. The purpose and intent of the BBBO are as follows:
a. Provide for a mix of selected commercial, residential, and office uses, with an emphasis on employment and entertainment uses that will encourage redevelopment of underutilized property and enhance the pedestrian scale and character of the area;
b. The western area is to act as a welcoming and attractive entry to the City, while the eastern area is to act as the entry to the City's Downtown District;
c. Encourage the location of restaurant, retail, office, and entertainment establishments, along with pedestrian-friendly improvements that would complement and support the downtown;
d. Continue implementation of various recommendations contained within CRA Redevelopment Plan;
e. Ensure that redevelopment within this area, regardless of underlying zoning district, will maintain a consistent character; and
f. Improve overall livability of the general area and enhance property values.
2. Defined. The Boynton Beach Boulevard Overlay (BBBO) shall be bounded on the east by the Florida East Coast Railroad (F.E.C.), on the west by NW 5th Street, further by Interstate 95, on the south by NE and NW 1st Avenue, and on the north by NE 3rd Avenue and NW 3rd Court.
3. Conflict. Unless deemed otherwise by the Planning and Zoning Director, in the event of any conflict between the provisions of the Boynton Beach Boulevard Overlay and any other sections of the Land Development Regulations, the provisions of this section shall prevail. These provisions shall not be construed to supersede any federal, state, or county laws.
4. Uses.
a. Commercial Frontage Requirements. The required commercial spaces fronting the following rights-of-way shall be a minimum of forty (40) feet in depth and a minimum of thirteen (13) feet in ceiling height. Exemptions to required frontage include provisions for access, public usable open space, and site visibility triangles.
(1) Seventy percent (70%) of the ground floor frontage of structures fronting Boynton Beach Boulevard and/or Seacrest Boulevard must consist of Commercial Uses at the build-to-line. The remainder of the ground floor frontage along Boynton Beach Boulevard and/or Seacrest Boulevard not occupied by Commercial Uses must consist of Active Uses at the build-to-line.
b. 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:
(1) Accessory Dwelling Unit;
(2) Dwelling, Single-family (detached);
(3) Dwelling, Two-family (duplex);
(4) Auto Broker;
(5) Automobile Rental;
(6) Automotive, Major Repair;
(7) Automotive, Minor Repair;
(8) Auto Dealer, New;
(9) Auto Dealer, Used;
(10) Automotive Parts Store;
(11) Auto/Car Wash, Self-serve Bay;
(12) Auto/Car Wash (Polishing, Waxing, Detailing);
(13) Automotive Window Tinting/Stereo Installation/Alarms;
(14) Drive-thru facilities;
(15) Day and Trade Labor Pool (Temporary Help);
(16) Boat Dealer/Rental;
(17) Cleaning Supply Store (Swimming Pool, Janitorial);
(18) Convenience Store;
(19) Gasoline Station;
(20) Furniture and Home furnishing, unless integrated into a mixed use development;
(21) Showroom warehouse (single-product line);
(22) Merchandise, Used (Other);
(23) Merchandise, New (Supercenter, Discount, Department, Club);
(24) Home Improvement Center;
(25) Coin-operated Laundry;
(26) Funeral Home;
(27) Pet Care (Boarding and Daycare);
(28) Cemetery;
(29) Church;
(30) Civic and Fraternal Club/Organization;
(31) Group homes Type I, II, III, and IV;
(32) College, Seminary, University;
(33) School, Primary and Secondary;
(34) School, Industrial and Trade;
(35) Shooting Range, Indoor;
(36) Adult entertainment;
(37) Temporary employment agency;
(38) Social service agency; and
(39) All industrial uses.
c. Any other automobile-oriented use not listed above is 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.
d. Live-work units are permitted, but may not front Boynton Beach Boulevard or Seacrest Boulevard.
e. Additionally, no legally existing use shall be deemed non-conforming as a result of the BBBO regulations.
5. Modified Building and Site Regulations.
MODIFIED BUILDING/SITE REGULATIONS1 Boynton Beach Boulevard Overlay Zone |
MODIFIED BUILDING/SITE REGULATIONS1 Boynton Beach Boulevard Overlay Zone | |
Minimum Lot Area: | 0.75 acre |
Minimum Lot Frontage: Boynton Beach Boulevard | 100 feet 150 feet |
Pedestrian zone: | |
Minimum street tree area3: | 5 feet * Measured from the back of the curb |
Minimum sidewalk width2: | 8 feet clear * Measured from the centerline of street trees |
Minimum active area width: (Applicable to Boynton Beach Boulevard and Seacrest Boulevard street frontages) | 8 feet4 * Measured from edge of the sidewalk |
Overhead utilities: | Must be undergrounded in conjunction with any new development or major modification of existing developments |
Build-to line: | Abuts the pedestrian zone |
Minimum building frontage: (Applicable to Boynton Beach Boulevard, Seacrest Boulevard) | 75% of the lot frontage must be occupied by structure adjacent to the pedestrian zone |
Maximum structure height: | Per Corresponding Zoning District |
Boynton Beach Boulevard | 45 feet Any additional height permitted by the zoning districts must be stepped back proportionately to the overall height, a minimum of ten (10) feet and for every fifty (50) feet above forty-five (45) feet in height6 an additional ten (10) feet stepback is required |
Minimum structure height: | 30 feet |
On-street parking: | Required where possible |
Minimum yard setbacks: | |
Rear: | 10 feet |
Abutting NW 1st Avenue, NE 3rd Avenue, NW 3rd Avenue: | 20 feet The rear property line shall contain a continuous vegetative buffer |
Interior side: | 0 feet |
Minimum Usable Open Space: | 1% of lot area |
1 No legally existing building or structure shall be deemed non-conforming with respect to setbacks, lot coverage, or building height.
2 Sidewalks shall be constructed of Holland-stone pavers, red/charcoal color mix by Paver Systems, Inc., or equal, laid in a 45 herringbone pattern.
3 Canopy trees are required 1 per 25 feet of street frontage.
4 Permanent structures such as columns and walls are not permitted within the required active area. Self-supporting architectural elements such as awnings and balconies may overhang onto the active area.
Pedestrian Zone Requirements
6. Accessory Structures.
a. Fences:
(1) Fences along street frontages are not permitted on Boynton Beach Boulevard or Seacrest Boulevard.
(2) Fences along any other street frontages shall not exceed three (3) feet in height.
(3) Any fence that is proposed in the reminder of the district shall be decorative in nature. Walls, chain link, board on board, shadowbox, and similar types of fences are prohibited.
b. All parking, mechanical equipment, trash containers, and miscellaneous equipment shall be landscaped to be screened from view.
7. Building Design.
a. Building orientation. Lots with frontage on Boynton Beach Boulevard must orient structures to Boynton Beach Boulevard. The main pedestrian entry, or front door, must be fronting Boynton Beach Boulevard.
b. Boynton Beach Boulevard and Seacrest Boulevard shall have maximized glazing on first floors.
Fenestration Requirements | ||
Ground-level building facade occupied by transparent window or door openings (minimum area) | Commercial Mixed-Use Developments (%) | Residential Development (%) |
Boynton Beach Boulevard | 502 | 301 |
Seacrest Boulevard | 502 | |
Notes:
1 These standards also apply to any portion of a ground-level facade facing a courtyard or patio.
2 To count toward this transparency requirement, a window or door opening must have a maximum sill height of two (2) feet above grade and a minimum head height of six (6) feet, eight (8) inches above grade.
c. Any transparent window and door openings occupying a ground-level street-facing building facade shall comply with the following standards:
(1) The opening shall be filled with glazing that has a minimum visible light transmittance of seventy-five percent (75%) and a maximum reflectance of fifteen percent (15%).
(2) The opening shall be designed to allow view of an interior space at least five (5) feet deep (e.g., transparent openings may include traditional storefront display windows, but not merely glass-display cases). The view into a commercial use shall not be permanently obstructed by screens, shades, shutters, or opaque films applied to the glazing.
d. Building Wall Articulation.
(1) Vertical articulation. Walls shall be offset by a minimum depth of two (2) feet once every fifty (50) linear feet.
(2) Horizontal Articulation. Buildings shall step-back a minimum of ten (10) feet once the structure reaches forty-five (45) feet in height. Buildings must step back an additional ten (10) feet for every additional fifty (50) feet in height; the additional required step-backs may be dispersed in varying offsets.
UNDESIRABLE VERTICAL HORIZONTAL
ARCHITECTURAL ARTICULATION ARTICULATION
TREATMENT ADDED ADDED
ARCHITECTURAL ARTICULATION ARTICULATION
TREATMENT ADDED ADDED
(Figure D.7.b.)
8. Parking.
a. Minimum Number of Required Spaces. The minimum number of required off-street parking spaces shall be calculated in accordance with Chapter 4, Article V, Section 2.
b. Allowable Location of Off-Street Parking Spaces.
(1) The intent of the BBBO is to screen off-street parking areas from abutting rights-of-way and locate buildings along front and side corner property lines. Therefore, on- site parking shall be located within rear and side interior yards for all new projects and those in which parking areas would be altered to accommodate a proposed building renovation or expansion.
(2) Existing parking areas for existing developments may remain if the spaces are unaltered as part of any building renovation or expansion. In these instances, the existing off-street parking area shall be substantially screened from off-premises by a hedge, decorative fencing, arcades, or a combination thereof, provided that such proposal remain consistent with the intent of the BBBO, and to the standards of the urban landscape code to the maximum extent possible. Any deviation from the above standards would require the approval of a waiver in accordance with Chapter 2, Article II, Section 4.E.
c. Exceptions to Providing Required Parking. See Chapter 4, Article V, Section 3 and 4 for additional provisions regarding exceptions to providing required off-street parking.
9. Signage and Exterior Lighting Standards.
a. Signs permitted within the Boynton Beach Boulevard Overlay shall be externally illuminated only and consist of wall mounted, and/or a projecting sign.
b. The size of wall mounted signs shall be calculated at one (1) square foot of sign area per one (1) lineal foot of building frontage measured along the main building entrance.
c. Projecting signs are only permitted on the first floor. Projecting signs and mounting brackets shall be decorative in nature, and the sign face shall not exceed nine (9) square feet in size.
d. Undercanopy signs are permitted one (1) per doorway and shall not exceed three (3) square feet each. All undercanopy signs must have a minimum clearance of eight (8) feet.
e. Properties with over two hundred and fifty (250) feet of linear street frontage on Boynton Beach Boulevard are permitted one (1) monument sign with a maximum height of five (5) feet, a maximum depth of eighteen (18) inches and a maximum area of forty (40) square feet. Monuments signs shall be oriented perpendicular to the street.
f. Prohibited sign types: Freestanding signs, roof mounted signs, any signs above forty (40) feet (first four (4) stories), animated, or moving signs, and all other signs prohibited by code.
g. All mixed-use developments are required to provide a plan for parking signage to maximize awareness of and access to public parking locations.
h. General lighting of the site shall harmonize with and blend into residential, mixed use environment. Ground lighting and up lighting of the building and landscaping is encouraged. However, when the use of pole lighting is necessary, the fixture height shall not exceed fifteen (15) feet, be decorative in nature and compatible with the color and architecture of the building.
E. Downtown Transit-Oriented Development District (DTODD) Overlay.
1. Intent. This overlay implements Policy No. 1.18.1 of the Comprehensive Plan's future land use element which establishes the DTODD to improve land development patterns around the future station of the planned commuter service. The overlay's features further enhance the vision embodied by mixed-use zoning districts with increased density and intensity as well as strong emphasis on interconnectivity throughout the area.
2. Defined. The DTODD Overlay coincides with the Station Area of a one-half (½) mile radius around the intersection of Ocean Avenue and the Florida East Coast rail corridor, which is the anticipated location of the Downtown Boynton Beach Station for the planned commuter Tri-Rail Coastal Link service on the FEC Corridor.
3. General. See additional standards and requirements for mixed-use (urban) districts based on the proximity to the planned train station in Chapter 3, Article III, Section 5.A.
4. Use.
a. Commercial Frontage Requirements. The required commercial spaces fronting the following rights-of-way shall be a minimum of forty (40) feet in depth and a minimum of thirteen (13) feet in ceiling height. Exemptions to required frontage include provisions for access, public usable open space, and site visibility triangles.
(1) Seventy percent (70%) of the ground floor frontage of structures fronting Federal Highway, the portion of Ocean Avenue between SE/NE 6th Street and Seacrest Boulevard, and/or the portion of Boynton Beach Boulevard west of Federal Highway, must consist of Commercial Uses at the build-to line. The remainder of the ground floor frontage along Federal Highway, the portion of Ocean Avenue between SE/NE 6th Street and/or Seacrest Boulevard, and the portion of Boynton Beach Boulevard west of Federal Highway not occupied by Commercial Uses must consist of Active Uses at the build-to-line.
(2) Fifty percent (50%) of the ground floor frontage of structures fronting SE 4th Street must consist of Commercial Uses at the build-to line.
b. For the DTODD, allowed uses are based on the underlying zoning district. See "Use Matrix," Table 3-28 in Chapter 3, Article IV, Section 3.D.
5. Building and Site Regulations. See Chapter 3, Article III, Section 5.C.
6. Density Within the MU-2, MU-3, MU-4, and MU-C Zoning Districts. Efficiency and one-bedroom units which are 750 square feet or less may count as one-half (1/2) a unit. When using this provision, the density shall not exceed:
a. The maximum density of the underlying zoning district when counting units using 1/2 density units, and;
b. The maximum density of the underlying future land use classification in the TOD, when counting each individual unit as a whole unit.
7. Additional Standards. See Chapter 4, Article III, Section 6.H. for additional standards related to urban design and building location for properties located within the transit core of the Station Area.
(Ord. 10-025, passed 12-7-10; Am. Ord. 11-002, passed 3-1-11; Am. Ord. 12-016, passed 10-2-12; Am. Ord. 15-006, passed 3-2-15; Am. Ord. 17-023, passed 9-19-17; Am. Ord. 19-018, passed 7-2-19; Am. Ord. 19-032, passed 10-1-19; Am. Ord. 20-037, passed 11-4-20; Am. Ord. 22-018, passed 11-14-22; Am. Ord. 24-011, passed 5-7-24)