26-021 ORDINANCE NO. 26-021
1 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
2 BOYNTON BEACH, FLORIDA, AMENDING PART III, CHAPTER 1,
3 ARTICLE II (DEFINITIONS) AND CHAPTER 3, ARTICLE III, SECTION 8
4 (OVERLAY ZONES) TO ADD A MARINA DISTRICT OVERLAY;
5 PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY;
6 PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE
7 DATE.
8
9 WHEREAS, Part III "Land Development Regulations," Chapter 3 "Zoning", Article III
10 "Zoning Districts and Overlay Zones," Section 8 "Overlay Zones" of the City's Code of Ordinances
11 does not currently include a Marina District Overlay within the City; and
12 WHEREAS, during a joint workshop of the Community Redevelopment Agency and City
13 Commission, direction was given to staff to explore the creation of a Marina District Overlay to
14 promote economic development and enhance waterfront activation; and
15 WHEREAS, the Development Department would like to amend the City's Land
16 Development Regulations to add a Marina District Overlay to the Overlay Zones section; and
17 WHEREAS, the City Commission has determined that this amendment serves the public
18 health, safety, and welfare of the citizens of the City of Boynton Beach.
19 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
20 BOYNTON BEACH, FLORIDA:
21 Section 1: The foregoing "WHEREAS" clauses are hereby ratified as being true and
22 correct and are hereby made a specific part of this Ordinance upon adoption hereof.
23 Section 2: The City's Code of Ordinances, Part III "Land Development Regulations,"
24 Chapter 1 "General Administration," Article II "Definitions" is hereby amended to read as follows:
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ORDINANCE NO. 26-021
25 PART III LAND DEVELOPMENT REGULATIONS
26 ...
27 CHAPTER 1. GENERAL ADMINISTRATION
28 ...
29 ARTICLE II. DEFINITIONS
30 ...
31 DRY BOAT STORAGE, INDOOR — a secure and fully enclosed facility, warehouse, or building
32 designed to store boats on land using multi-level rack systems (dry stack) or specialized units.
33 ...
34 MARINA, INCLUDING YACHT CLUB - A facility designed to provide a variety of accommodations
35 and services for local or transient boaters, such as fueling, dockage, and wet storage and r. Retail
36 sales of marine supplies and equipment, and minor boat repair, may be accessory to the principal
37 use. Facilities must be provided at every marina to accommodate proper sanitary sewer and water
38 connections as well as to maximize flushing of the impacted marine basin.
39 MARINE ACCESSORIES - Retailing new and/or used outboard motors, boat trailers, marine
40 supplies, parts, and accessories. Machine shops and/or the on-site installation of marine
41 accessories are prohibited:, unless operated within an enclosed facility within the Marina District
42 Overlay.
43 ...
44 Section 3: The City's Code of Ordinances, Part III "Land Development Regulations,"
45 Chapter 3 "Zoning," Article III "Zoning Districts and Overlay Zones," Section 8 "Overlay Zones" is
46 hereby amended to read as follows:
47 PART III LAND DEVELOPMENT REGULATIONS
48 ...
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ORDINANCE NO. 26-021
49 CHAPTER 3. ZONING
50 ...
51 ARTICLE III. ZONING DISTRICTS AND OVERLAY ZONES
52 ...
53 Sec. 8. Overlay Zones
54 ...
55 F. Marina District Overlay (MDO).
56
57 1. Purpose and Intent.
58 The Marina District Overlay (MDO) is hereby established to promote economic development,
59 enhance waterfront activation, and strengthen Boynton Beach's identity as a premier coastal and
60 marine-oriented destination. The City may enter into public-private partnerships or Developers
61 Agreements to support, co-fund, or construct marina infrastructure, public docks, promenades,
62 and waterfront civic spaces. The MDO is intended to:
63 a. Promote, attract, and retain marine-based businesses, maritime industries, and water-
64 dependent and water-related uses.
65 b. Encourage high-quality waterfront development that supports boating, tourism,
66 recreation, and marine commerce.
67 c. Facilitate reinvestment and redevelopment of underutilized waterfront parcels.
68 d. Promote a vibrant, mixed-use marina district that integrates marine services,
69 commercial activity, hospitality, and public access to the waterfront.
70 e. Provide regulatory flexibility, including modified development standards, to
71 accommodate the functional needs of marine-oriented uses.
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ORDINANCE NO. 26-021
72 f. Ensure that development within the Marina District reflects architectural excellence,
73 resilience, environmental stewardship, and compatibility with surrounding
74 neighborhoods.
75 g, Encourage strategic public investment in waterfront infrastructure, public spaces, and
76 marina-related amenities to catalyze private development, enhance the visitor
77 experience, and support long-term economic vitality.
78 h. Maximize public access to waterways through the provision of waterfront promenades,
79 boardwalks, view corridors, public docks, and other amenities that connect residents
80 and visitors to the Intracoastal Waterway and surrounding marine environment.
81
82 2. Defined.
83 The Marina District Overlay (MDO) shall apply to properties generally located along the
84 Intracoastal Waterway and adjacent waterfront areas between Gateway Boulevard and Woolbright
85 Road, as more particularly described and mapped in the official zoning map of the City of Boynton
86 Beach.
87
88 The MDO is an overlay zoning district that supplements the underlying zoning classification. All
89 development within the MDO shall comply with both the standards of the underlying zoning
90 district and the additional or modified provisions of this overlay, except where this overlay
91 expressly supersedes underlying standards. The MDO does not apply to Residentially zoned
92 districts.
93
94 3. Conflict.
95 In the event of a conflict between the provisions of the Marina District Overlay and the underlying
96 zoning district or any other section of the Land Development Regulations (LDR), the provisions of
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ORDINANCE NO. 26-021
97 the Marina District Overlay shall govern. Sites with frontage on Federal Highway shall be required
98 to follow the Urban Commercial District Overlay's (Chapter 3, Article III, Section 8.B) Building and
99 Site Regulations (Table 3-27). Other components of Chapter 3, Article III, Section 8.B may be
100 applied at the discretion of the Planning and Zoning Director.
101
102 4. Uses.
103 a. Prohibited Uses
104 Auto Dealer, New
105 al Auto Dealer, Used
106 a) Automobile Rental
107 j_11) Automotive, Minor Repair
108 u Automotive, Major Repair
109 ,{ ) Merchandise, Used (Other)
110 ID Merchandise, New (Supercenter, Discount, Department, Club)
111 Oi Pet Care (Boarding and Daycare)
112 u Any use determined by the City to be inconsistent with the marine-oriented,water-
113 dependent, or waterfront-activating purpose of the Marina District Overlay shall
114 be prohibited.
115
116 5. Modified Building and Site Regulations.
117 The following development standards shall apply within the MDO and may supersede underlying
118 zoning standards:
119 a. Height. Maximum building height shall be 60 feet for indoor dry boat storage facilities,
120 60 feet for hotel developments, 60 feet for marine service and commercial buildings.
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ORDINANCE NO. 26-021
121 b. Setbacks. Setbacks may be reduced by 20%for marine-oriented structures such as indoor
122 dry boat storage, docks, and marine service buildings. Waterfront setbacks shall prioritize
123 pedestrian access, view corridors, and the continuity of the waterfront promenade.
124 c. Floor Area Ratio (FAR). Bonus FAR subject to Section 7.
125 d. Lot Coverage. Increased lot coverage may be permitted where necessary to accommodate
126 marine service functions, subject to stormwater and resilience standards. Bonus Lot
127 Coverage subject to Section 7.
128 e. Public Waterfront Access and Promenade
129 (1) All new development and substantial redevelopment of waterfront properties
130 within the MDO shall provide a publicly accessible waterfront promenade or
131 boardwalk along the Intracoastal Waterway, unless waived by the City Commission
132 due to site constraints or environmental limitations.
133 (2) The minimum promenade width shall be:
134 a. 12 feet for linear boardwalk segments.
135 b. 16 feet where outdoor dining, seating areas, or public gathering spaces are
136 provided.
137 (3) The promenade shall be continuous across adjacent parcels where feasible.
138 (4) The promenade shall be constructed of durable, salt-resistant materials and
139 designed to accommodate pedestrian and micromobility use.
140 (5) Public access shall be maintained during normal business hours at a minimum, and
141 24-hour access shall be encouraged where safety and operational considerations
142 allow.
143 f. Public Access Easement
144 (1) Where a waterfront promenade, boardwalk, dock, or public gathering space is
145 required or provided pursuant to this Overlay, the property owner shall grant a
146 recorded, perpetual Public Access Easement to the City.
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ORDINANCE NO. 26-021
147 (2) The easement shall ensure unrestricted pedestrian access to designated public
148 waterfront areas and shall run with the land.
149 (3) The location, width, and configuration of the easement shall be subject to City
150 approval at site plan review.
151 q, Waterfront Promenade Continuity
152 (1) The public waterfront promenade or boardwalk shall be designed to provide a
153 continuous pedestrian connection along the Intracoastal Waterway across adjacent
154 waterfront parcels within the MDO, to the maximum extent practicable.
155 f2) Where a development site adjoins an existing or approved waterfront promenade on
156 an adjacent parcel, the promenade provided on the subject site shall match or exceed
157 the width of the adjacent promenade; Align horizontally and vertically to ensure
158 seamless pedestrian continuity; and Utilize compatible materials, railing systems,
159 lighting, and landscaping.
160 (3) Where an adjacent parcel has not yet developed a promenade, the City may require
161 the subject development to:
162 a. Extend the promenade to the edge of the property line; and
163 b. Stub out utilities, structural supports, and design elements to facilitate future
164 interconnection.
165 (4) Temporary gaps in promenade continuity may be approved by the City where
166 environmental constraints, safety considerations, or permitting limitations apply. In
167 the event of temporary gaps, the applicant shall provide interim pedestrian
168 connections or alternative public access routes acceptable to the City.
169 h. Public Access Plan Requirement
170 (1) All development applications within the MDO involving new construction, substantial
171 redevelopment, or site plan modification shall include a Public Access Plan
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ORDINANCE NO. 26-021
172 demonstrating compliance with the public access, promenade, and easement
173 requirements of this Overlay.
174 (2) The Public Access Plan shall, at a minimum, include:
175 a. A site plan showing the location, width, and design of the waterfront promenade or
176 boardwalk;
177 b. The location and configuration of all public access points, view corridors, and civic
178 spaces;
179 c. The proposed location and dimensions of any required Public Access Easements;
180 d. Design details for paving, lighting, railings, landscaping, seating, shade structures,
181 and wayfinding;
182 e. A description of public access hours and operational protocols;
183 f. Maintenance responsibilities and a proposed maintenance plan; and
184 g. Any proposed incentives being requested pursuant to Section 7.
185 (3) The Public Access Plan shall be reviewed and approved concurrently with site plan
186 approval and shall be a condition of any development order issued under this Overlay.
187 (4) The City may require modifications to the Public Access Plan to ensure promenade
188 continuity, safe and convenient public access, compatibility with adjacent properties,
189 and consistency with adopted City waterfront, mobility, and economic development
190 policies.
191
192 6. Building Design.
193 (1) Architectural styles shall reflect a coastal and marine character.
194 (2) Building facades facing the waterfront shall incorporate transparent elements and
195 pedestrian-scaled features.
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ORDINANCE NO. 26-021
196 u Ground floors shall prioritize active uses such as retail, dining, marina services, or public-
197 oriented uses.
198 141 Structured parking shall be screened with active uses or architectural treatments and
199 landscaping.
200 L5) Public waterfront promenades, boardwalks, and civic spaces shall be integrated into site
201 design.
202 (6) Shade structures, seating, landscaping, lighting, and wayfinding shall be incorporated
203 along public access areas.
204 El Development shall preserve and frame view corridors to the Intracoastal Waterway from
205 public rights-of-way.
206 (8) Lighting shall be designed to enhance safety while minimizing light pollution and impacts
207 to marine life.
208
209 7. Incentives
no To encourage investment and high-quality development for projects and uses that further the
211 purpose and intent of the MDO, the following incentives may be offered within the MDO, subject
212 to City Commission approval:
213 a. MDO Bonus Standards Table
Zoning District Lot Coverage FAR Bonus Height Bonus
Bonus
Mixed Use Districts N/A Up to 25% Up to 20 feet
(all)
All other districts Up to 20% Up to 40%
214
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ORDINANCE NO. 26-021
215 b. Lot Coverage, FAR, and Height bonuses shown in MDO Bonus Standards Table may be
216 granted for sites that provide any three of the following:
217 1. Construct a continuous public waterfront promenade exceeding minimum width
218 standards.
219 2. Provide public docks, fishing piers, or kayak/paddle board launches.
220 3. Incorporate public plazas, event spaces, or civic gathering areas.
221 4. Implement living shorelines or similar environmental restoration features.
222 5. Construct and dedicate a publicly accessible water taxi or ferry stop with
223 supporting infrastructure, including floating docks, boarding areas, seating, shade
224 structures, lighting, and ADA-compliant access; and enter into an agreement with
225 the City or an approved operator to maintain the stop and make it available for
226 public service.
227 c. Parking Reductions (stackable, for a maximum reduction of 30%)
228 1. Parking requirements may be reduced by up to 15% for sites that include Marine-
229 oriented uses.The parking reduction requested must be supported by a professionally
230 prepared parking demand study.
231 a. Marine-oriented uses include:
232 1. Waterfront Restaurants/Cafes
233 2. Water-based recreation services, such as rentals and tours.
234 3. Marine Accessory Shops
235 4. Marinas/Yacht Clubs
236 5. Dry boat storage (indoor)
237 2. Parking requirements may be reduced by an additional 15% for mixed-use sites that:
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ORDINANCE NO. 26-021
238 a. Provide public waterfront access amenities.
239 b. Utilize shared parking arrangements.
240 c. Include valet services.
241 d. Demonstrate adequate operational performance through a parking study
242 prepared by a professional engineer or certified planner.
243 e. Prepare a parking contingency plan to show, where instances that a parking
244 shortage exists, additional parking can be achieved. The plan shall be
245 reviewed concurrent to a site plan application. The following may be
246 considered; site plan showing alternate layouts including an increase to
247 parking onsite, additional parking agreements for off-site parking, alternative
248 valet parking layout with service hours, and/or other association agreements
249 which show an availability of increased parking. The contingency plan shall go
250 into effect upon a determination that a parking shortage exists. A parking
251 shortage may be established by:
252 1. Documented, recurring parking demand exceeding the available on-
253 site supply (e.g., based on periodic parking utilization studies,
254 complaints, or code enforcement observations); and/or
255 2. Failure of the development to perform in accordance with the parking
256 study or methodology relied upon at the time of site plan approval.
257 d. Expedited Development Review Program
258 1. Marine-oriented sites or Mixed-use sites providing enhanced public waterfront
259 access shall be eligible for expedited development review.
260 Section 4: The City's Code of Ordinances, Part III "Land Development Regulations,"
261 Chapter 3 "Zoning," Article IV "Use Regulations" is hereby amended to read as follows:
262 PART III LAND DEVELOPMENT REGULATIONS
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ORDINANCE NO. 26-021
263 ...
264 CHAPTER 3. ZONING
265 ...
266 ARTICLE IV. USE REGULATIONS
267 ...
268 Sec 3. Use Regulations
269 ...
270 D. Use Matrix (Table 3-28)
P =
Permitte
d R- R-
C = - R R R C C C C
IPU PU MH
1- 1- CB PC SM MU MU MU MUMUM PI P RE
nal
Conditio 1
AA A . 2 3 D D P 1 2 3 4 D D U -1 -2 -3 -4 -C -1 D U C
A = B A A
Accessor
Y
271
ARTS, ENTERTAINMENT& RECREATIONAL
PPPPPP PPPPP
Marina, 79 11 11 11 11 11
(including
Yacht Club) 79 79 79 79 79
272
INDUSTRIAL
Storage, Distribution &Wholesale Trade
Dry Boat PPP P PP P PP PP P
Storage,
Indoor 11 11 11 11 11 11
273
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ORDINANCE NO. 26-021
Commercial
Retail Sales
PPPPPPPPPPPPP
Marine 1 107 107 107 107 17 17 17 17 17 17 22 28
Accessories 50 107 50 50 50 SO 50 107 107
107; 107 107 107 107 107
274
275 ...
276 E. Use Footnotes
277 ...
278 11. General Note. This use shall be integrated into a mixed-use building or development.
279 ...
280 41. Hotel & Motel (includes Extended-stay).
281 a. SMU District. Hotels require conditional use approval. Motels are prohibited uses.
282 b. MU-1 District, MU-2 District, and MU-3 District. Hotels are Permitted as Principal Uses
283 within the Marina District Overlay. Outside of the Marina District Overlay, Hotels require
284 conditional use approval. Motels are prohibited uses.
285 c. MU-4 District and MU-C District. Motels are prohibited uses.
286 d. PID district. This non-industrial use is allowed within the PID district provided it is located
287 on a lot that has a Hotel (H) land use option.
288 ...
289 79. Marina, Including Yacht Club.
290 a. All Districts. Marinas, including yacht clubs, are limited to the following uses: mooring
291 and docking of private pleasure craft; sale of fuels and lubricants; occupancy of private
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ORDINANCE NO. 26-021
292 craft as living quarters provided that such craft are connected to public sewer facilities;
293 operation of drift and charter fishing boats and sightseeing boats; bait and tackle
294 shops.
295 ...
296 91. Boat Repair.
297 a. Landscaping. All exterior (temporary) storage shall be adequately screened. Additional
298 buffering may be required as recommended by the Director of Planning and Zoning to
299 ensure compatibility.
300 b. C-4 District. Shall not be located on a lot that borders an arterial roadway unless
301 accessory to a Boat Dealer or Marina (including Yacht Club). No repair shall be allowed
302 outside an enclosed structure, and exterior storage of boats and equipment must be
303 adequately screened from adjacent rights-of-way and properties.
304 C. M-1 District. The exterior storage of boats or equipment must be adequately screened
305 from adjacent rights-of-way and properties. The dry stacking of any boats shall be
306 prohibited unless within an enclosed facility within the Marina District Overlay.
307 d. PID District. Only allowed as an accessory use to a retail boat dealer.
308 ...
309 107. All retail service of marine vessels must occur within an enclosed facility within the Marina
310 District Overlay. No outdoor storage of wrecked or non-functioning vessels is permitted within
311 the Marina District Overlay.
312 ...
313 Section 5: Codification. It is the intention of the City Commission of the City
314 of Boynton Beach, and it is hereby ordained that the provisions of this Ordinance shall become
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ORDINANCE NO. 26-021
315 and be made a part of the Code and Ordinances of the City of Boynton Beach, Florida. The City
316 Clerk is hereby directed to incorporate this Ordinance into the Code, and to make such section
317 renumbering, relettering, and formatting changes as may be necessary to accomplish such intent,
318 including the correction of typographical errors and the updating of cross-references.
319 Section 6: Severability. If any clause, section, or other part of this Ordinance
320 shall be held by any court of competent jurisdiction to be unconstitutional or invalid, such
321 unconstitutional or invalid part shall be considered as eliminated and in no way affecting the
322 validity of the other provisions of this Ordinance.
323 Section 7: Conflicts. That all Ordinances or parts of Ordinances, Resolutions, or
324 parts of Resolutions in conflict herewith, be and the same are repealed to the extent of such
325 conflict.
326 Section 8: Effective Date. That this Ordinance shall take effect immediately
327 upon passage.
328 [SIGNATURES ON THE FOLLOWING PAGE]
329
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ORDINANCE NO. 26-021
330 FIRST READING this t(p day of ` u_in¢.2026.
331 SECOND, FINAL READING AND PASSAGE this 1 day of JvJy2026.
332 CITY OF BOYNTON BEACH, FLORIDA
333 YES NO
334
335 Mayor— Rebecca Shelton ✓
336
337 Vice Mayor—Thomas Turkin ✓
338
339 Commissioner—Angela Cruz ✓
340
341 Commissioner— Mack McCray
342
343 Commissioner—Aimee Kelley ✓
344
345 VOTE 5 -0
346 ATTEST:
347
348
349 � �' ^_ •n
�
fr
350 Tammy Stan '•ne Rebecca Shelton
351 Interim City Clerk Mayor
352 `
353 cF BOY/0-1% APPROVED AS TO FORM:
354 (Corporate Seal) :,/ c,ORP°R.4��.fj t+� � /
355 . SEAL • n�'
• i
356 ;INC°RPORATED ; Shawna G. Lamb
•
357 1��� •••� 92Q •.1 ; City Attorney
••.....•f•• i
```‘ ORIDA
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