O00-58 ORDINANCE NO. 0 00-~4'~¢
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA AMENDING
LAND DEVELOPMENT REGULATIONS, CHAPTER 2,
SECTION IZ.L. TO ALLOW THE REGULATIONS TO BE
MODIFIED TO ALLOW GAS SALES ANCILLARY TO A
PRINCIPLE USE IN A PCD, SUBJECT TO MINIMUM
ACREAGE AND OTHER SITE STANDARDS;
PROVIDING FOR CONFLICTS, SEVERABILII'Y,
CODIFICATION AND AN EFFECTIVE DATE.
WHEREAS, staff has recommended an amendment to the City's zoning
code to allow the regulations to be modified to allow gas sales ancillary to a
principle use in a PCD, subject to minimum acreage and other site standards;
and
WHEREAS, upon recommendation-of staff, the City Commission of the
City of Boynton Beach has deemed it to be in the best interests of the citizens
land residents of the City of Boynton Beach to amend Chapter 2, Zoning, Section
11. L. Commercial Establishments Engaged in the Retail Sale of Gasoline and
Gasoline Products. to allow the regulations to be modified to allow gas sales
ancillary to a principle use in a PCD, subject to minimum acreage and other site
standards;
NOW THEREFORE, BE I'T ORDATNED BY THE CI'TY COMMTSSI'ON
OF THE CI'TY OF BOYNTON BEACH, FLORI'DA, THAT:
Section 1. The foregoing whereas clauses are true and correct and are
now ratified and confirmed by the City Commission.
Section 2. That Chapter 2. Zoning, Section 11. L.COMMERCIAL
ESTABLISHMENTS ENGAGED IN THE RETAIL SALE OF GASOLINE OR GASOLINE
PRODUCTS. is hereby amended by adding the words and figures in underlined
type and by deleting the words and figures in struck-through type, as follows:
1. Purpose. The purpose of these regulations is to establish development
standards for commercial establishments which engage in the sale of gasoline, or
other motor fuels. These regulations ....
2.Definitions. For the purpose of this ordinance, the following definitions shall
apply:
Ancillary. Building or Structure. A buildinq or structure incidental to~ subordinate
to and subservient to the principal building or structure located on the premises.
Ancillan/Use. A use incidental to, subordinate to and subservient to the ~ipal
use of the premises.
Automotive service station. The use of a building...
~.3. Development standards which apply to all gasoline dispensing
~:stablishments except those described under Subsection 4 of this Section I.
below:
Location
(1) All gasoline dispensing establishments not determined to be ancillary
~ses as described in Subsection ~ below, shall be located only at the intersection
~f any combination of the following roads as designated in the Boynton Beach
Comprehensive Plan: ...
4. As to all gasoline dispensing establishments that are an ancillary use located
or operated in or from an ancillary building or structure within a parcel or land of
not less than ten (:10_03_ acres within a "Planned Commercial District" ~.PCD)
governed by Section 6.F. of the City of Boynton Beach Zoninq Code, and which
gasoline dispensing establishment is owned and operated by the person(s) or
en__~(s) that owns and _operates the principal use located on such parcel of land;
and do not meet all of the requirements set forth under Subsection 3, above, the,
following shall be applicable:
a. Setbacks. Setback requirements shall apply to all structures on the
)ortion of the property on which the gasoline dispensing establishment is
ocated, including the prima_~ structure for the gasoline dispensing
establishment, or any accessory structures such as car washes or above ground
storage facilities.
(1) Front - 35 feet
(2) Side - 20 feet
~_3) Rear - 20 feet
(4) Other:
~) No canopy shall be located less than twenty. (20) fee_t
from any property line.
(b) No gasoline ~ island shall be located less than
thirty (30) feet from any property line.
,(g) The entrance to a building wherein motor vehicles are
washed by a mechanical means shall be located a minimum
distance of seventy-five (75) feet from the street lines to
provide an off-street area of waiting vehicles. Car washes
shall:
1. be fully automatic;
2. recycle all water used in the car washinq
process.
(d) No gasoline pump island or canopy shall be located
less than two hundred (200) feet from any public right of
wa~
(e) No gasoline dispensing establishment shall be located
within two hundred (200) feet from a residential structure.
Distances for the purpose of this subsection shall be
measured from the closest gasoline pump island or canopy
of the .gasoline dispensing establishment to the closest
boundary wall of the residential structure.
b. Buffers. Except for permitted driveway openings, ~5) foot wide
landscaped buffer shall be located around that portion of the parcel of which the
gasoline dispensing establishment is located. When the buffer separates the
op_0_~o_n of the properbv on which the gasoline-dispensi_p__~ establishment is located
from a residentiaily Z~ned property, the buffer shall contain a six (6) foot high
concrete wall landscaped on the exterior side by a continuous hedge no less than
_thirty-six (36) inches high and planted twenty-four (24) inches on center at time
of planting; trees ten (:~0) to fifteen (15) feet in height with three-inch caliper
every forty (40) feet; and groundcover. When the buffer separates the portion
_of the property_on which the gasoline dispensing establishment is located from
other commercial property, the buffer shall not be required to contain a concrete
wall. Landscaping shall be continuously maintained.
1. The wall shall be kept..in good repair and appearance at all
times.
2. Openin_~g~ with gates may be allowed where deemed
appropriate by the City Commission.
c. Design Criteria.
1. All gasoline dispensing establishments defined as ancillary to
a principal tenant of a planned commercial district, shall conform in
design to the approved desi_qn plan of the principal tenant,
2, No gasoline dispensing establishments defined as ancillary to
a principal tenant shall be permitted to advertise product pricing on
the site sig~ identifying the ~ima~ tenant or occupant.
3. All gasoline dispensing establishments defined as ancillary to
_a principal tenant of a planned commercial district shall not install
exterior site lighting which exceeds photometric levels of 60-foot
candles average maintained,
d. Conditional Use. Gasoline dispensing establishments defined as
ancillary to a principal tenant of a planned commercial district are hereby
designated as a conditional use as that term is defined in Section 1
e. Distance Separation Requirements. No gasoline dispensing
establishment shall be located within two hundred (200) lineal feet from a
residential structure. Distances for the purpose of this subsection shall be
measured from the closest .gasoline pump island or canopy of the
gasoline dispensing establishment to the closest boundary wall of the
residential structure.
Section 5. Each and every other provision of the Land Development
Regulations not herein specifically amended, shall remain in full force and effect
originally adopted.
Section 6. All laws and ordinances applying to the City of Boynton
Beach in conflict with any provisions of this ordinance are hereby repealed.
Section 7. Should any section or provision of this Ordinance or any
thereof be declared by a court of competent jurisdiction to be invalid,
~uch decision shall not affect the remainder of this Ordinance.
Section 8.
Section 9.
FTRST READ:lNG this
Authority is hereby given to codify this Ordinance.
This Ordinance shall become effective immediately.
. day of October, 2000.
SECOND, FINAL READING AND PASSAGE this ! "/ day of
October, 2000.
All'EST:
CTI-Y OF~/~ OYNTO~ BEA~I-I, FLORIDA
Vice Mayor
Mayor Pro/em