Boca Raton planning board approves CIMD retail-use clarification, sets 45-hour weekly threshold

The Boca Raton Planning & Zoning Board on Jan. 22 unanimously approved an amendment to the city’s CIMD (commercial industrial multifamily development) rules that tightens the definition of qualifying on-site retail and sets a weekly-hours threshold for businesses that count toward the program’s nonresidential requirement.

Brandon Shad, the city’s Development Services Director, told the board the amendment adds a definition of “retail sales or services” that covers the sale of goods directly to the consumer or uses that meet the code’s personal-service-shop definition, and that it “expressly excludes a fitness center or gym or substantially similar uses” and tutoring or similar instructional services because those uses primarily serve recurring members rather than walk-in customers.

The change comes as part of the CIMD program adopted in February 2024 (Ordinance 56-84), which allows multifamily development in certain commercial and industrial zones in return for affordable units and additional density. Under the program Shad summarized, 10% of units must be affordable (up to 120%…