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Boynton Commerce Center PID (2)DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF E1OYNTON BEACH, FLORIDA PROJECT NAME: APPLICANT'S AGENT: Boynton Commerce Center PID Ms. Joni Brinkman, AICP with Winston Lee & Associates, Inc. AGENT'S ADDRESS: 1532 Old Okeechobee Road, Suite 106 West Palm Beach, FL 33409 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: September 2, 2003 TYPE OF RELIEF SOUGHT: Request use approval for various uses (see file) on Lot 3B in the Boynton Commerce Center PID LOCATION OF PROPERTY: Lot 3B, Boynton Commerce Center PID · DRAWING(S): SEE EXHIBIT"B" ATTACHED HERETO. X THIS MATTER came before the City Commission of the City of Boynton Beach, Florida appearing on the Consent Agenda on the date above. The City Commission hereby adopts the findings and recommendation of the Planning and Development Board, which Board found as follows: OR THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the relief sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. The Applicant ~ HAS HAS NOT established by substantial competent evidence a basis for the relief requested. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "C" with notation "Included". The Appli ~cant's application for relief is hereby ,x; GRANTED subject to the conditions referenced in paragraph 3 hereof. DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. 6. All further development on thE~ade in accordance with the terms and conditions of this order. 7. Other \ _ D DATED: 9- '-''~''' 0.3 // ~ ~ Clerk S:~Planning~Shared~Wp~Projec~Boynton C~mer~ C~US~~DO.doc Location Map BOYNTON BEACH COMMERCE CENTER LOT 3 B EXHIBIT "A" 1 r~ i PCD C3 N EXHIBIT "B" Proposed Revisions to the Approved List of Permitted Uses and Parking Requirements for Boynton Commerce Center PID (Development Department Memorandum No. PZ-98-283) Permitted Uses, Not Requiring Environmental Review Approval. A. Personal Services 1. Carpet and Upholstery Cleaning L.., ALIG 2 i Bo Manufacturing, including compounding, assembly, repair, or treatmem of articles or merchandise from the following previously prepared materials: 5. 6. 7. 8. 9. Cellophane Canvas Fiber (i.e., wood, except that furniture manuhcmfing requires environmental review) Fiberglass Glass Textiles Yam Uses listed under Section g.A.l.a.(6), (?). (9). (10), (12-15), (lg) and (21); Section g.A.l.b.(!) & (3) of the. Boynton Beach Zoning Code, C. Warehouse, Distribution, Wholesale Any manufacturing category listed above, or any use listed in Sections 8.A. 1.c.(2), (3), (4), (6), (7), (9), (14), and (16) of the "M-1 INDUSTRIAL DISTRICT" Zoning Regulations, and including, but not limited to the following: W'mdow treatment manufacturing and showroom Glass and mirror manufacturing and distn'bution Alarm system manufacturers and installers Tile and Carpet wholesale Furniture wholesale and distribution Artificial flowers/plants wholesale and distn'bution Paper Plastics Metal (i.e. machine shop) Rubber Electrical applinnces, instruments, devices, and componems Boat parts and equipment EXHIBIT "B" ' Airplane par~s and equipmem Meclical equipment, instnmaents, devices and componems Furniture Precision instruments Enm'aving. printin_~ and publishing Retail sales are allowed for goods listed under the sections specified in I.C.1. above, provided that less than 50°,4 of the goods sold on the premises are sold at retail with the exception of the area designated on Lot 3B as industrial, which shall be allowed no retail sales. Retail sales, 0fup to 100% of sales, are allowed for goods listed under the sections specified in I.C. 1. above on Lot 3B only, for up to 49% the gross ground floor square footage of the building, with the exception of 8.A. 1.c.(14). The specific uses within the code sections 8.A.I.e.(2X (3) and 'furlfi~e' shall be limited to a maximum floor area of 10,000 square feet. This square footage shalI be located in the western area of the building and depicted on the approved site plan. The retail sales 'use' .is considered ancillary to the overall industrial uses approved for the PID. Operations Cemer - Requiring a mix of moderate warehouse and increased office U~. 2. 3. 4. 5. 6. 7. Bank Operations Cemer Insurance Company Records Storage Oovemrrmxt Operations Facility Radio/Television Studio Nursing Registries Non-Profit Trade Organization Research and Record Storage Facilities Offices for contractors (work shops and outside storage). Truck parking for contractors is specifically prohibited, however. E. Offices PID Leasing Office Satellite Operations Management Offices for any Light Industrial Use Allowed in Section 8 of the "M-1 Industrial District" Zoning Regulations Professional Engineering Offices Uses requiring Environmental Review - See Planning Department for Application A. Manufacturing, including compounding, assembling, repair, or treatment of articles Boynton Commerce Center PID Use List Page 2 EXHIBIT "B" Bo or merchandise fxom the following previously prepared materials: 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. Cosmetics Drugs Pharmaceutical Paper Plastics Metal (i.e., machine shop) Wire Rubber Electrical appliances, instnm~nts, devices, and components Auto parts and equipment Airplane parts and equipment Medical equipment, instrumems, devices and components Furniture Precision ~ts Engraving, printing and publishing Warehouse, Distribution, Wholesale Seafood (excluding Processing) Principal uses for any of the manufacturing categories listed under II.A. above. Retail sales are allowed for goods listed under Section II.A.5. above (plastics) provided that less than 50% of the goods sold on the premises are sold at retail, excepting the eastern portion of the building on Lot 3B desk~nated as industrial~ which shall not be allowed retail sales. All uses not specifically listed above are prohibited. Furthermore, the following uses are expressly prohibited: 2. 3. 4. 5. 6. Fertilizer manufacturing, sale or distribution Millwork Metal casting Welding shops Contractor's shops, storage, or truck parking Retail sales, where the value of goods sold at retail exceeds 50% of the total value of goods sold ~om the premises with the exception of the area desi?.ated on Lot 3B as industrial~ which shall be allowed no retail sales. Any warehouse or wholesale use which is listed in Section 8.A.2.B:b., 8.A.3.c., or Section 8.A.5.b. of the "M-I [NDUS~ DISTRICT" Boynton Coaiiiieree Center PID Use List Page 3 EXHIBIT "B" Zoning Regulations Parking Requirements: Warehouse, distn'bution, wholesale: One (1) parking space per eight hundred (800) square feet of gross floor area (subject to the conditions outlined in notes 1-3 below), Manufacturing: One (1) parking space per two (2) employees, but not less than one (1) parking space per five-hundred (500) square feet of gross floor area (subject to the conditions outlined in notes 1-3 below). to a maximum of 30% oftbe total gross floor area devoted tO such use. Offices associated with the principal use are permitted as an ancillary use with a maximum of 25% 30% of the total gross floor area devoted to such use. Office floor area which exceeds 25% 30% of the total gross floor area shall be considered a principal use and shall provide parking at the rate of one (1) parking space per three hundred (300) square feet of the entire gross floor area devoted to such use. Lot 3B:. The parking calcu!otion methods to be utilized for Lot 3B are as follows: Retail: The potemiai fetal! square footage (up to 49°/$ of the gross ground floor square footage), .qhali require one (1) _l~m'kin~ soace _oer two hundred (200) square feet. Blend_ed l~t~: Warehouse, distributiorg wholesale, showroom, and mannfaeturing uses shall have the option to utilize a blended rate ofo .ne (1) p~king s~ace ~ five-hundred (500) square feet of gross floor area., Me~Tanine square footage shall be limited to warehouse uses and may. utili?e ~ pm'king calculation met_ h_c~l 0f0ne (1) parkin_~ soace per eight hundred (800) square feet ofgr0ss floor area. Operatior~ Center: One (1) parking space per three hundred (300) square feet of gross floor area devoted to office use and one (1) parking space per eight hundred (800) square feet of gross floor are devoted to warehouse use. Where both office and warehouse uses are intermixed, parking shall be calcalated based on the requirement for office use. Persolnal Servic~ trod Offices: One (1) parking space per three hundred square feet of gross floor area. Boynton Con'.nerce Center PID Usc List Page 4 EXHIBIT "C" Conditions of Approval Project name: Boynton Commerce Center PID File number: USAP 03-002 Reference: See Exhibit '~B" - Boynton Commerce Center Use List Revision Request DEPARTMENTS INCLUDE REJECT PUBLIC WORKS- General Comments: None X PUBLIC WORKS- Traffic Comments: None X UTILITIES Comments: None X Comments: None X POLICE Comments: None X ENGINEERING DIVISION Comments: None X BUILDING DIVISION Comments: None X PARKS AND RECREATION Comments: None X FORESTER/ENVIRONMENTALIST Comments: None X PLANNING AND ZONING Comments: 1. Submit a revised traffic impact statement that indicates the proposed uses and X their respective building intensities (on Lot 3B in conjunction with NWSP 03-009). Conditions of Approval 2 DEPARTMENTS INCLUDE REJECT 2. The Use Approval list shall be amended to also reference the environmental X review (ER) process, which may be required for the new uses· The applicability of the ER process shall be determined prior to the issuance of an occupation license for the following new uses: · Fumiture, cabinets, and wood fixtures, with gross floor area of shop not greater 2,000 square feet; · Blind, shutter, shade, and awning fabrication from wood, plastic, fabric, canvas, or finished metal pieces; · Stone cutting and finishing; · Statuary, ornaments, and art goods; · Ceramic, pottery, and porcelain products, using only previously pulverized clay, and using kilns only by electricity or gas; · Investment casting; · Machinery, equipment, appliances, parts, and tools, limited to assembly of finished parts and materials; · Medical and dental equipment; · Artist and craftsman shops, excluding retail display or sales on premises; · Electrical and electronic goods, limited to cutting and assembly of parts and materials; · Industrial, commercial, office and professional equipment; service, repair, and rebuilding, excluding uses specifically prohibited in Section 8.A.5; · Furniture and antique upholstery, covering, and repairinK. 3. The required parking for businesses (on Lot 3B) that are engaged in retail / X corntnercial uses would be calculated on the entire bay at a retail rate of one (1) parking space per 200 square feet of gross floor area. 4. Staff recommends the following to the I.D.7 of the Boynton commerce X Center PID permitted uses: Outdoor storage of materials may be permitted based on a finding of the Planning & Development Board that such storage does not exceed 15% of the total square footage of the building site and that such storage is screened and fence to preclude exposure to the public. 5. The site plan for Lot 3 of the Boynton Commerce Center PID (NWSP 03- X 009), shall be revised to label the eastern 51% of the building "industrial" and the western 49% of the building to be labeled as "retail", with the applicable square footage amounts depicted on the building footprint. 6. The site plan for Lot 3 of the Boynton Commerce Center PID (NWSP 03- X 009), shall be revised to add the following notes: · Automobile, vehicle, and boat parts, accessories, furnishings, and supplies (8.A. 1 .c.(14)). shall be prohibited in the retail portion of the project; · The following uses shall be limited to a maximum square footage of DEPARTMENTS INCLUDE REJECT 10,000 square feet in the retail portion of the project: Industrial, commercial, office, professional, and business machinery, equipment, fixtures, tools and supplies (8.A.l.c.(2)); Household goods (8.A. 1 .c.(3)); and furniture; · No retail sales shall be allowed in the portion of the project designated as "industrial". ADDITIONAL PLANNING & DEVELOPMENT BOARD CONDITIONS Comments: 7. None X ADDITIONAL CITY COMMISSION CONDITIONS Comments: ~ 8. To be detemfined. ELJ S:\Planning\Shared\Wp\Projects~Boynton Commerce C~USAP 03-002\COA. doc 42D Boynton Beach Code EXHIBIT "D" review shall be in writing and filed with the City Clerk within five (5) business days following issuance of the order. No development order shall be final until expiration of the five (5) day request for review period if no request for review is made, or the City Commission's disposition of the matter if a request for review is made. 8. The City Commission shall conduct a quasi-judicial review at a public hearing within 30 business days of the filing of the request for review. Following review, the City Commission shall: a. Approve the Development Order, or b. Modify the Development Order, or c. Deny the Development Order. The decision of the Commission shall be treated as f'mal at the conclusion of the voice vote on the agenda item under consideration, notwithstanding later issuance of a written order. The minutes of the Commission meeting shall be conclusive evidence of the action of the Commission. Review of final action by the Commission shall be by Writ of Certiorari to the Circuit Court. 9. Expiration of approved plans. Approved Master Site Plans as described herein shall remain valid indefinitely. Approved Technical Site Plans shall remain valid for a period of two (2) years pursuant to the terms listed in Chapter 4, Section 5. (Ord. No. 96-51, 8 4, 1-21-97; Ord. No. 00-03, §§ 1, 2, 3-21-00; Ord. No. 00-52, 8 1, 10-17-00; Ord. No. 02-017, 8 1, 4-16-02; Ord. No. 02-033, 88 3, 4, 8-2O-02) Sec. 8. M-1 industrial district regulations and use provisions. A. M-1 INDUSTRIAL DISTRICT. 1. Permitted uses, nodistance requirement. Within any M-1 industrial district, no building, structure, land or water, or any part thereof shall be erected, altered or used, in whole or in part, for other than one or more of the following specified uses; provided, however, that any use or process that would be subject to a minimum distance requirement under Section 8.A.2., would require an environmental review permit under Section 8.A.3., would require conditional use approval under Section' 8.A.4., or would be prohibited under Section 8.A.5. shall fully comply with the provisions of those sections, where applicable. No distance requirement other than district setback regulations shall apply for the following uses: a. Manufacturing, fabrication, and processing as follows: (1) Bakery products. (2) Ice and dry ice. (3) Textile products, apparel, and clothing accessories, manufactured from purchased fabric and materials, excluding spinning, weaving, knitting, dyeing, or treating of textile mill products. including retail premises. (4) Sailmaking and canvas goods, sale of goods manufactured on (5) Leather cutting and stamping; fabricated leather products. (6) Furniture, cabinets, and wood fixtures, with gross floor area of shop not greater than two thousand (2,000) square feet. (7) Blind, shutter, shade, and awning fabrication from wood, plastic, fabric, canvas, or finished metal pieces. (8) Converted paper and paperboard products, limited to cutting, stamping, folding, laminating, lining, coating, and treating of purchased paper, paperboard, foil, sheet, or film materials. (9) Stone cutting and finishing. goods. (10) Statuary, ornaments, and art 2002 S-18 Zoning EXHIBIT "D" 42E (11) Glass and glass products. (12) Ceramic, pottery, and porcelain products, using only previously pulverized clay, and using kilns fired only by electricity or gas. (13) Investment casting. (14) Machinery, equipment, appliances, parts, and tools, limited to assembly of finished parts and materials. (15) Electrical and electronic goods, limited to assembly of parts and materials. (16) Plastics, rubber, or fiberglass products, limited to cutting and assembly of parts and materials. (17) Precision instruments, optical equipment, photographic equipment, and clockwork devices. (18) Medical and dental equipment. (19) Household goods and other small items such as jewelry, lapidary goods, personal articles, toys, amusement devices, sporting goods, musical instruments; stationary, office, and art supplies; advertising specialties, novelties, ornaments, notions, cookware, and flatware. (20) Fruit packing and shipping. (21) Artist and craftsman shops, excluding retail display or sales on premises. b. Commercial services as follows: (I) Industrial, commercial, office and professional equipment; service, repair, and rebuilding, excluding uses specifically prohibited in Section 8.A.5. (2) Household goods; service, repair, and rebuilding, excluding display or sale of any new, used, or rebuilt merchandise at retail on premises, unless specifically allowed in accordance with Sections 8.A. 1., 8.A.2., 8.A.3., or 8.A.4. (3) Furniture and upholstery, covering, and repairing. antique (4) Steam and pressure cleaning services. 2001 S-15 Zoning EXHIBIT "D" 43 (5) Septic tank, sewer, and drain cleaning and repair services, excluding storage, treatment, transfer, dumping, or disposal of waste on premises, provided that trucks used for the transport of waste shall be parked and stored in conformance with the minimum distance requirement specified in Section 8.A.2. (6) Packaging and labeling services, excluding handling of materials prohibited in Section 8.A.5. (7) Lawn, garden, and tree maintenance services; landscaping contractors. studios. (8) Recording and motion picture (9) Catering and food services. (10) Data processing services. laboratories. (11) Research and development laboratories. (12) Commercial testing laboratories. (13) Medical and dental (14) Upholstery and carpet steam cleaning businesses. (15) Towing companies with exterior storage. (16) conditional use to a recycling facility. Vegetation recycling as a solid waste operating and c. Storage, distribution, and wholesale uses; retail display and sales shall be prohibited unless specifically allowed in Sections 8.A. 1., 8.A.2., or 8.A.3. (1) Warehouses, self service storage facilities (mini-warehouses) ia accordance with Section 11.0 storagelockers, and cold storage, excluding uses specifically prohibited in Section 8.A.5. (2) Industrial, commercial, office, professional, and business machinery, equipment, fixtures, tools, and supplies, excluding uses specifically prohibited in Section 8.A.5. (3) Household goods; storage, wholesale and distribution only; retail display or sales shall be prohibited unless specifically allowed in accordance with Sections 8.A. 1., 8.A.2., 8.A.3., or 8.A.4. (4) Building materials, home improvement stores, lumber, door and window hardware, shades, shutters, blinds, and awnings; fencing, roofing, flooring, carpeting, tile, hardware, tools, paint, wallpaper, shelving, cabinets, furniture, partitions, kitchen and bathroom fixtures, pools and spas, glass and mirrors, plumbing and electrical supplies, and the like, including retail sales. (5) Finished concrete, brick, clay, and stone building and paving materials; sewer and water pipe, and culvert; storage, distribution, wholesale or retail sales. (6) Pumps, generators, motors, fire protection equipment, and irrigation equipment, including retail sales. (7) Heating, cooling, ventilating, refrigeration, solar energy, water conditioning and heating systems and equipment, and major appliances, including retail sales. (8) Pre-fabricated sheds, including retail sale. (9) Nurseries, greenhouses, lawn and garden equipment, tools, and supplies, including retail sale. (10) Monuments and gravestones, including retail sales. excluding 8.A.5. uses (11) Feed and farm supplies, specifically prohibited in Section (12) Trucks, buses, farm equipment, construction machinery, and utility 1996 S-1 Boynton Beach Code EXHIBIT "D" trailers, including retail renting and sales. (13) Passenger vehicles, boats and pickup trucks, excluding any retail sales or display, and excluding the keeping of vehicles in violation of Chapter 10, Article III of the City of Boynton Beach Code of Ordinances. (14) Automobile, vehicle, and boat parts, accessories, furnishings, and supplies; retail sales or display shall be prohibited as a principal use and shall be permitted only as an ac-q:essory use to repair, service, rebuilding, or instal-lation services, where such services lawfully exist. (15) Mobile homes, limited to areas west of Interstate 95. retail sales. (16) Ice and dry ice, including (17) Live fish. d. Transportation, communication, utilities, and miscellaneous uses as follows: (1) Utilities, communications facilities, government, and public utilities shops and storage areas, police and fire stations, excluding uses specifically prohibited in Section 8.A.5. (2) Package express and messenger service. (3) Railroad switching yards, freight stations and terminals, storage facilities, and shops. (4) Recycling pick-up facilities for paper, glass, and cans from households. (5) Trade and industrial schools. (6) Radio or microwave receivers or transmitting towers, as an accessory use to a lawful principal use. (7) Ambulance dispatch service. (8) Community centers, operated by non-profit organizations, provided that no more than 40 % of the floor space is devoted to office use. (Ord. No. 96-03, § 1, 3-19-96) e. Any commercial use which is not specifically listed as a permitted or conditional use in any other zoning district, and which is not listed as a prohibited use in the M-1 Zoning District. 2. Permitted uses subject to distance requirement. Within any M-1 industrial district, no building, structure, land, or water, or any pan thereof shall be erected, altered, or used, in whole or in part for any of the following uses, unless a minimum distance of three hundred (300) feet is maintained between the use and residential-zoned property. Said distance shall be measured along a straight airline route from the property line of residential-zoned property to the building or portion of the lot where the specified use is located, except that those portions of the lot or structure which are located within the minimum distance may be used for lawful uses other than the uses listed below, subject to district building and site regulations. Any use or process that would require an environmental review permit under Section 8.A. 3., would require conditional use approval under Section 8.A.4., or would be prohibited under Section 8.A.5. shall fully comply with the provisions of those sections, where applicable. a. Manufacturing, fabrication, and processing as follows: (1) Plastic products, limited to forming of plastics materials, including compounding of resins. Establishment of such uses within the minimum distance requirement specified above shall require an environmental review permit. (2) Rubber products, limited to forming of rubber materials; excluding tire and innermbe manufacturing and rubber reclaiming. Establishment of such uses within the minimum distance requirement specified above shall require an environmental review permit. (3) Machine shops, welding and metalworking shops, tinsmiths, sheet metal fabrication, blacksmith shops; machining, stamping, cutting, joining, forging, drawing, bending, or other forming of metals as either a principal or accessory use. Establishment of such uses within the minimum distance requirement specified above shall require an environmental review permit. 2000 S-14 Zoning EXHIBIT "D" 44A b. Other uses as follows: (1) Asphalt paving, patching, roofing, and sealcoating, excluding asphalt and tar plants. 2000 S-14 · EXHIBIT "D" Zonln~ 45 (2) Building cleaning and janitorial services; swimming pool maintenance services. Establishment of such uses within the minimum distance requirement specified above shall require an environmental review permit. (3) Sandblasting on premises. (4) Bulk storage, distribution, wholesale or retail sale of topsoil, lime, gravel, limerock, shellrock, coal, minerals, crushed rock, sand, cinders, fertilizer, and the like, limited to an accessory use to a building materials store, garden shop, nursery, contractor, or other lawful principal use. (5) Trucking and transfer, and moving operations. (6) Contractors, operative builders, and trade contractors shops and storage areas. Establishment of such uses within the minimum distance requirement specified above shall require an environmental review permit. (7) Parking or storage of trucks used for the transport of septic tank waste or other liquid wastes. (8) Adult entertainment establishments, in accordance with Section 11.M. 3. Uses requiring environmental review permit. Within an M-1 industrial district, no building, structure, land, or water, or any part thereof shall be erected, altered, or used, in whole or in part, for any of the following specified uses, unless an environmental review permit is secured in accordance with the standards and procedures set forth in Section 11.3; provided, however, that any use or process that would be subject to a minimum distance requirement under Section 8.A.2., would require conditional use approval under Section 8.A.4., or would be prohibited under Section 8.A.5. shall fully comply with the provisions of those sections, where applicable. a. Manufacturing, fabrication, and processing as follows: (1) Dairy products. (2) Canned, frozen, or preserved (3) Beverages and bottling. (4) Confections. (5) Prepared meat, seafood, and poultry products. (6) All other food products, not specifically permitted in Section 8.A. 1. or prohibited in Section 8.A.5. (7) Furniture, cabinets, and wood fixtures, with gross floor area of shop of greater than two thousand (2,000) square feet. (8) Printing, publishing, bookbinding, engraving, and allied industries. (9) Pharmaceuticals and biological products. (10) Cosmetics. (11) Plastics products, limited to forming of plastics materials, including compounding of resins, where such uses would be established within the minimum distance requirement specified in Section 8.A.2. (12) Rubber products, limited to forming of rubber materials, and excluding tire and innertube manufacturing and rubber reclaiming, where such uses would be established within the minimum distance requirement specified in Section 8.A.2. repair, repair. (13) Fiberglass fabrication and including fiberglass boat fabrication and (14) Machine shops, welding and metalworking shops, tinsmith, sheet metal fabrication, and blacksmith shops; machining, stamping, cutting, joining, forging, drawing, bending, or other forming of metals as either a principal or accessory use, where 46 Boynton Beach Code EXHIBIT "D" such uses would be established within the minimum distance requirement specified in Section 8.A.2. (I5) Electrical and electronic goods involving processes other than assembly of parts or materials. equipment, machinery. (16) Vehicles, transportation and boats; farm and construction (17) Mobile homes, provided that such uses shall be located west of Interstate 95. (18) Plated ware manufacture; industrial electroplating and anodizing as either a principal or accessory use; replating shops. (19) Chemical cleaning and etching of metals, limited to an accessory use to a lawful principal use only. b. Commercial services and contractors, as follows: (1) Concrete contractors and pumping service, excluding concrete plants. (2) Contractors, operative builders, and trade contractors shops and storage areas, where such uses would be established within the minimum distance requirement specified in Section 8.A.2. (3) Automobiles, buses, trucks, and other motor vehicles; construction and farm equipment; service, repair, rebuilding, and storage, excluding the keeping of vehicles in violation of Chapter 9, Article Il'I, of the City of Boynton Beach Code of Ordinances, and excluding automobil6 service stations selling motor fuels at retail. (4) Boat storage, service, repair, rebuilding, and customizing. (5) Furniture cleaning, stripping, and refinishing. (6) Exterminating, fumigating, and disinfecting services. (7) Print shops, photographic laboratories, commercial photography; commercial art, silkscreening, lithography, typesetting, and blueprinting services. (8) Uniform, towel, and linen supply services; industrial launderers; laundry and dry-cleaning plants, excluding retail pickup and drop-off on premises; carpet and rug cleaning plants. (9) Tire recapping. (10) Building cleaning and janitorial services and swimming pool maintenance services, where such uses would be located within the minimum distance requirement specified in Section 8.A.2. c. Storage, distribution, wholesale, and other uses, retail display and sales shall be prohibited unless specifically permitted below or elsewhere in this section. (1) Petroleum and petroleum products, including solvents and liquified petroleum gas; bulk or nonbulk storage, sales, or distribution. (2) Chemicals, pesticides, and herbicides, excluding bulk storage, bulk sales, or bulk distribution. (3) Bulk or nonbulk wholesale or retail sale of solvents and cleaning preparations, including formulating of cleaning preparations for sale on premises. (4) Industrial and medical gases; bottled or bulk storage, sales or distribution, excluding chlorine, fluorine, ammonia, hydrogen sulphide, sulphur dioxide, or toxic gases. (5) Temporary amusement parks and rides, fairs, carnivals, circuses, and revivals, provided that all such uses shall have a minimum frontage of two hundred (200) feet on a collector or arterial road and the major access thereto, and that the duration of any such use shall not exceed fourteen (14) consecutive days within any one-year period. d. Miscellaneous uses, as follows: Zoning EXHIBIT "D" 47 (1) Any use which uses, handles, stores, or displays hazardous materials, or which generates hazardous waste, as defined by 40 Code of Federal Regulations, Part 261. 4. Conditional uses. Within any M-1 industrial district, no building, structure, land or water, or any part thereof shall be erected, altered, or used, in whole or pan, for one or more of the following uses, unless a conditional use approval is secured according to the standards and procedures set forth in Section 11.2 of these zoning regulations; provided, however, that any use or process that would be subject to a minimum distance requirement under Section 8.A.2., would require an environmental review permit under Section 8.A.3., or would be prohibited under Section 8.A.5., shall fully comply with the provisions of those sections, where applicable. a. Millwork and truss plants, provided that such uses conform to the minimum distance requirement specified in Section 8.A.2. b. Commercial television, radio and microwave broadcasting or relay towers. c. Arenas, stadiums, frontons, convention and exhibition halls, and racetracks, provided that all such uses shall have a minimum frontage of two hundred (200) feet on a collector or arterial road, and shall have the major access thereto. d. Helistops, limited to an accessory use to a lawful principal use. e. Cutting of sub-primal portions of meat and pre-cut poultry into serving portions including packaging and shipping where pre-cut portions (entering the facility) will not exce6d 10 pounds and waste generated will not exceed 1% of pre-cut product. 5. Prohibited uses. Within any M-I industrial district, no building structure, land, or water, or any part thereof shall be erected, altered, or used, in whole or in part, for any use not specifically allowed in accordance with Sections 8.A. 1., 8.A.2., 8.A.3., or 8.A.4. of these zoning regulations, or for any of the following expressly prohibited uses: a. Manufacturing, fabrication, processing, and extraction as follows: (1) Grain and feed products; crop processing. (2) Vegetable fats and oils. (3) Distilling and brewing. (4) Seafood processing. (5) Slaughtering and rendering of meat and poultry processing, and dressing, from carcasses. (6) Stockyards and feeding pens; keeping, raising, or slaughter of livestock, horses, or poultry. (7) Rendering of animal or marine fats, oils, and other products; use of unprocessed bones, fat, hooves, horns, or other unprocessed animal products for the production of glue, soap, lard, oils, or fertilizer. (8) Sugar processing and refining. (9) Commercial production of field or tree crops. (10) Leather tanning, curing, finishing, and coloring; storage of raw hides or skins. (11) Tobacco processing and tobacco products manufacturing. (12) Weaving, spinning, knitting, dyeing, or treating of textile mill products. (13) Pulp mills; paper and paperboard mills; converted paper and paperboard products not specifically permitted in Section 8.A. 1.a.(8) of these zoning regulations. (14) Chemicals and allied products not specifically allowed elsewhere in this section. (15) Wood preserving, pressure treating, and drying. 2000 S-12 EXHIBIT "D" 48 Boynton Beach Code (16) Fertilizer, pesticides, herbicides, and agricultural chemicals. (17) Explosives, ammunition, matches, and fireworks. (18) Petroleum refining. coal products. (19) Petroleum, asphalt, tar, and (20) Plastics, manufacturing of resins, primary plastics materials, synthetic rubber, cellulose, and synthetic fibers. (21) Rubber, manufacture of primary rubber materials, tires and innertubes, and rubber reclaiming. (22) Soaps, detergents, and cleaning preparations, other than mixing or blending. (23) Paints, varnishes, lacquers, enamels, and allied products, other than mixing or blending. (24) Cement, concrete, gypsum, lime, and plaster manufacture, and products made therefrom, other than those uses specifically permitted in Section 8.A. 1 .a. (25) Brick, firebrick, terra cotta, clay pipe, structural clay tile, and refractories. (26) Asbestos products. (27) Processing of rock, sand, gravel, shellrock, limerock, mineral earths, and the like. (28) Primary metals manufacturing; smelting, refining, mills, furnaces, and foundries, except as specifically allowed in accordance with Sections 8.A. 1., 8.A.2., or 8.A.3. (29) Drop forging. (30) Chemical cleaning or etching of metals as a principal use, or any chemical descaling of metals. 2000 S- 12 (31) Coal or coke fired kilns and furnaces; coke ovens. (32) Mining or quarrying, including removal of rock, sand, muck, marl, soil, gravel, or shellrock, except as incidental or necessary for construction on the premises. (33) Aerosol filling and packaging. (34) Liquid, oil, or chemical electric transformers, manufacture or rebuilding. b. Storage, distribution, wholesale, retail, and services, as follows: (1) Any retail display or sale, not specifically allowed elsewhere in this section. (2) Farmers' markets. (3) Flea markets, sales bazaars, swap shops, trading posts, and the like; sale or display of used retail merchandise, other than completely rebuilt or refinished merchandise where such uses would be allowed in accordance with Section 8.A. 1. (4) Crematoriums and the like. (5) Explosives, ammunition, matches, and fireworks. (6) Bulk storage, bulk distribution, or bulk sale of chemicals and allied products. (7) Compressed chlorine, fluorine, ammonia, hydrogen sulphide, sulfur dioxide, or toxic gases. (8) Bulk storage, bulk sale, or bulk distribution of pesticides, herbicides, or agricultural chemicals. (9) Offices or restaurants, except as an accessory use to a lawful principal use. chemical pest, services. (10) Agricultural fertilizing, and disease, weed, or soil treatment EXHIBIT "D" Zoning 49 service stations. (Il) Truck stops or automobile (12) Boarding kennels; guard dog kennels and training services. (13) Any open storage or display, unless adequately screened, except that growing plants which are stored or displayed shall not require screening. Any exterior storage of motor vehicles or boats in a wrecked condition shall be permitted only in connection with a lawful principal use allowed elsewhere in this section, and shall be adequately screened. Furthermore, the open storage of farm tractors and implements, shovels or cranes, and special mobile equipment as defined by Section 316.003, Florida Statutes shall be adequately screened. c. Transportation, communication, utilities, and miscellaneous uses as follows: (1) Chemical and toxic waste storage or disposal; tank truck cleaning. (2) Land fill operations. strips. (3) Airports, airfields, and landing (4) Heliports. (5) Residences and trailer parks; use of vehicles or house trailers as living quarters. (6) Storage, sale, salvage, transfer, or disposal of junk, scrap, garbage, offal, refuse, or other waste materials, except as specifically allowed elsewhere in this section. facilities. (7) Recycling sorting or processing (8) Animal disposal facilities. (9) Incinerators of any type. 6. Building and site regulations: Minimum lot area 10,000 square feet Minimum lot frontage None Minimum front yard 15 feet* Minimum side yard (interior) 15 feet one side Minimum side yard (corner) 15 feet street side Minimum rear yard 20 feet** Maximum lot coverage 60 percent Maximum height 45 feet, not to exceed 4 stories *Except where rear of the lot abuts a paved alley or street, then no side setback shall be required. **Where rear yard abuts a railroad right-of-way or any paved alley, the rear yard may be reduced to ten (10) feet. Note: Where lots abut a residential area, the corresponding side and/or rear setback shall be a minimum of thirty (30) feet. All necessary roof-mounted mechanical equipment shall be sound baffled. 7. Off-street parking. As provided in Section l l.H. hereinafter. (Ord. No. 95-23, § 1, 8-15-95; Ord. No. 95-24, § 4, 8-15-95; Ord. No. 96-03, § 1, 3-19-96; Ord. No. 00-04, §§ I, 2, 44-00; Ord. No. 00-34, § 1, 7-18-00; Ord. No. 01-57, § 2, 11-20-01) Sec. 8.5. Overlay zones. A. MARTIN LUTHER KING BOULEVARD OVERLAY ZONE. 1. General. With the completion of the Vision 20/20 Redevelopment Plan, the City identified a segment of the Martin Luther King Boulevard as an area in need of redevelopment and revitalization. This section is created to implement the development and design recommendations in the Redevelopment Plan intended to create a traditional street corridor with 2002 S-18 Repl.