O83-23ORDINANCE NO. ~~
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF BOYNTON BEACH, FLORIDA, AMENDING
APPENDIX A - ZONING,OF THE CODE OF
ORDINANCES, CITY OF BOYNTON BEACH, FLORIDA
TO AMEND SECTION ONE, DEFINITION OF TERMS,
TO ADD A DEFINITION OF "ARTERIAL STREET,
COLLECTOR STREET, EXPRESSWAY, AND LOCAL
STREET" AND TO AMEND THE DEFINITIONS OF
"AUTOMOTIVE SERVICE STATIONS AND LOT FRONTAGE;"
TO AMEND SECTION SIX B, "C-2 NEIGHBORHOOD
COMMERCIAL DISTRICT" TO ADD AN ADDITIONAL
CONDITIONAL USE PERMITTED, BEING SERVICE
STATIONS WITHOUT 5~JOR REPAIRS; TO AMEND
SECTION il,SUPPLEMENTAL REGULATIONS, SUB-
SECTION L, TO SPECIFY THE APPLICABILITY
OF SAID SUBSECTION; TO AMEND SECTION 11.1
TO ADD SUBSECTION H SPECIFYING THE STATUS
OF EXISTING USES REQUIRING CONDITIONAL USE
APPROVAL, PROVIDING A CONFLICTS CLAUSE, A
SEVERABILITY CLAUSE, AUTHORITY TO CODIFY,
AND AN EFFECTIVE DATE; AND FOR OTHER PURPOSES.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF BOYNTON BEACH, FLORIDA:
Section 1.
Appendix A - Zoning, Section 1. Definition of Terms
of the Code of Ordinances, City of Boynton Beach, Florida, is
hereby amended by adding the following additional terms:
ARTERIAL STREET. A street shown or
described as such accordin~ to the
current or most recent Functional
Classification contained in the City
of Boynton Beach Comprehensive Plan,
as adopted and amended.
COLLECTOR STREET. A street shown or
described as such according to th.e
current or most recent Functional
Classification contained in the City
of Boynton Beach Comprehensive Plan,
as adopted and amended.
EXPRESSWAY. A street shown or described
as such accordinq to the current or
most recent Functional Classification
contained in the City of Boynton
Beach Comprehensive Plan, as adopted
and amended.
LOCAL STREET. A street shown or
described as suCh according to the
current or most recent Functional
Classification con~-~ined in the City
of Boynton Beach Cq~mprehensive Plan,
as adopted and amended.
Section 2.
Appendix A - Zoning, Section 1. Definition of Terms
of the Code of Ordinances, City of Boynton Beach, Florida, is
hereby further amended so that the definitions of "Automotive
Service Stations" and "Lot Frontage" are amended to read as
follows:
AUTOMOTIVE SERVICE STATIONS. The use
of a building or other structure, on
a lot or parcel of land which includes
any re~-~it sale of gasoline or other
motor fuels, or accessory uses _
sale of lubricants,
accessories, or supplies, the lubri-
cation of motor vehicles, or the
minor adjustment or repair of motor
vehicles (see definitions: "minor
repairs"). No vehicles shall be
stored nor major repairs done on the
premises. A public parking lot or
public parking garage shall not be'a
permitted accessory use to an auto-
motive service station.
LOT FRONTAGE. The property line
adjacent to a public o__r private street;
it is also the front property line.
Section 3.
Each and every other definition contained in Appendix
A - Zoning, Section 1. Definition of Terms, not amended hereby
shall remain in full force and effect as previously enacted.
Section 4.
Appendix A - Zoning, Section 6 B. C-2 Neighborhood
Commercial District, of the Code of Ordinances, City of Boynton
Beach, Florida., is hereby amended to add thereto the following
additional us~ permitted, as well as to add the following sub-
section concerning conditional uses allowed:
1. Uses Permitted.
t. Service stations without
major repairs, and excludin~
car wash (see definitions:
~Major Repairs"), with at
least one (1) frontag~ on a
~our-lane arterial ro~d, and
erected in accordance ~
supplemental requlations,
Section ll-L.*
IA. Conditional Uses Allowed.
Those uses specified above which
Dre followed by an asterisk (*)
shall be deemed to be conditional
uses, which may be considered and
_qranted in accordance with the
procedures set forth-in Section 11.2
of Appendix A of the Code of Ordinances
of the City of Boynton Beach, Florida.
section 5.
Each and' every other provision of Appendix A - Zoning,
Section 6 B. C-2 Neighborhood Commercial District, not amended
hereby shall remain in full force and effect as previously enacted
Section 6.
Appendix ~ - Zoning, Section 11. Supplemental
Regulations. Subsection L. Service Stations With or Without
Major Repairs, of the Code of Ordinances, City of Boynton Beach,
Florida, is hereby amended to add the following provision:
ne
Service Stations With or Without
Major Repairs.
The following regulations shall
apply to all service stations
constructed on or after January
i, 1983. Where an existing
service station is modified in
any way, the building official,
technical review board, planning
and zoning board, and/or City
Council may impose any or all of
the following regulations where
doing so would create significant
benefits to the public safety and
welfare, and where the standards
containe~ in t~e ~ollowlng regu-
lations coulG De reasonaDly
accommodated on the existing site.
Section 7.
Appendix A - Zoning, Section 11. Supplemental Regu-
lations. Subsection L. 1-8 inclusive, shall remain in full
force and effect as previously enacted.
Section 8.
Appendix A - Zoning, Section 11.1 Nonconforming Uses
and Structures, of the Code of Ordinances, City of Boynton Beach,
Florida, is hereby amended to add the following Subsection H:
H. Status of Existing .Uses Requiring
-- Conditional Use Approval.
Any use or structure in lawful existence
at the time o~ adoption or amendment
of these zoning regulations which
would thereafter require a conditional
use approval under its provisions
shall be construed to be a nonconforming
use. Such uses or structures may
become conforming upon application,
review, an~ approval as a conditional
use according to the procedures and
standards set ~ort~ in these zoning
regulations ~or conditional use
approvals. However, if approval of
a conditional use is not granted
for such use or structure, ~then it shall
continue to be construed as nonconforming.
Any enlargement, increase,
eRtension, or intensification of
a use or structure whlc~ would
require conditional use approval
shall require such approval as if
it were a new use or structure.
Any alteration or movement of such
use which the building official
finds does not enlarge, increase,
extend, or intensify the use, shall
not require conditional use approval,
but shall conform to all other
apptlcableprovls~ons contained in
the Boynton Beac~ Code o~ Ordinances.
Section 9.
Appendix A - Zoning, Section 11.1 Nonconforming Uses
and Structures. Subsections A through G, inclusive, shall
remain in full force and effect as previously enacted.
Section 10.
All Ordinances or parts of Ordinances in conflict
herewith are hereby repealed.
Section 11.
Should any section or provision of this Ordinance or
a portion thereof be declared by a court of competent juris-
diction to be invalid, such decision shall not affect the
remainder of this Ordinance.
Section 12.
Specific authority is hereby granted to codify this
Ordinance.
passage.
Section 13.
This Ordinance shall take effect immediately upon
FIRST READING THIS
day of ~~
1983.
SECOND, FINAL READING and PASSAGE this
~O~_~ , 1983.
day of
CITY OF BOYNTON BEACH, FLORIDA.
(Corp. Seal)
MAYOR
VICE 2~ROR ~
~ffou~ ~i~ Me mb~e r~
Cou~cll Member
Council Member