O69-29 ORDINANCE NO. 69 29
AN ORDINANCE OF THE CITY OF BOYNTON BEACH,
FLORIDA, AMENDING PROVISIONS OF CHAPTER 31 OF
THE CODIFIED ORDINANCES OF SAID CITY AND
REPEALING IN ITS ENTIRETY CHAPTER 11 OF THE
CODIFIED ORDINANCES OF SAID CITY ESTABI~ISHING
CRITERIA FOR INSTALLATION AND OPERATION OF
FILLING STATIONS WITHIN SAID MUNICIPALITY;
PROVIDING FURTHER FOR SAVINGS CLAUSE, REPEALING
PROVISIONS, AUTHORITY TO CODIFY, AN EFFECTIVE
DATE AND FOR OTHER ~PURPOSES.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BOYNTON
BEACH, FLORIDA:
Section 1: Thai Chapter 11 of the Codified Ordinances of the
City of Boynton Beach, Florida, is hereby repealed in its entirety.
Section 2: That Item (15) subsection (t) of Section 31-8 of the
Codified Ordinances of the City of Boynton Beach, Florida, is hereby repealed
and the following substituted therefor, after Item (31) of said subsection (A)
Section 31-8:
"(AA) Conditional Uses.
(I~) When, after review of an application and plans appertaining
thereto and hearing thereon, the Planning Board advise as a fact that the
proposed use or uses will coincide with the City's comprehensive development
plan and are in the public interest, the following uses may be recommended to
the City Council for approval, providing that said plans comply with the
minimum criteria set forth hereinafter:
A. Gasoline filling stations without major repair services,
trailer rentals and other activities not necessary to automobile
servicing.
(1) There shall be a minimum distance of six hundred (600)
feet between the nearest property line of the lot or plot of land
upon which the proposed service station is to be constructed and
the nearest property line of a lot or plot of land upon which any
church, public playground, hospital or public school or other
similar public or semi-public place where large numbers of
people congregate.
(2) The minimum size plot of land shall be 17, 500 feet in
area with a minimum frontage of 175 feet, on all abutting streets.
(3) At leas~ 5% of the gross plot area shall consist of land-
scaping equipped with adequate sprinkler systems. All land-
scaping shall be maintained in a healthy growing condition.
(4) There shall be a minimum distance of 15 feet between
the location of a gas pump island and any adjacent property line.
(5) Driveway entrances shall measure no more than forty-
five (45') feet across and be located no closer than forty (40')
feet to any street intersection or nearer than 25 feet to any
interior property line.
(6) There shall be constructed a safety island of grass or
concrete for pedestrians between two driveways which shall be
len (10') feet in width and no less than twenty (20') feet in lengih
measured along its side abutting a sidewalk or paving of said
station, whichever is in the plan of construction.
(7) A masonry or concrete louvre wall at least five (5') feet
in height and meeting the provisions of the Building Code shall
be constructed along all property lines abutting residentially-
zoned property to a distance of twenty-five (25') feet of any
street right-of-way line. The wall shall be kepi in good repair
.and appearance at all times. Openings with gates may be allowe¢
where deemed reasonable by the building official.
(8) The entrance to the building wherein molor vehicles are
washed by mechanical means as a primary function, shall be
located on a lot or plot a minimum distance of seventy-five (75')
feet from the street line to provide an off-street area for vehicle
waiting to be washed.
(9) No outdoor display of merchandise, except under a
permanent roof, including oil and tires, shall be permitted,
except that sufficient oil in cans to service vehicles may be
stored at pump islands.
(10) No signs shall extend more than thirty (30') feet above
the lop of the ground. Persons seeking an exception to this
height limit must apply to the City Council for approval.
(11) No banners, streamers, flags, wind-driven whirligigs
or similar devices shall be permitted except for a thirty-day
period following the opening of a new station.
(12) All lights and lighting on a service station building and/
or from a sign shall be so designed and arranged as not to cause
a direct glare into residentially-zoned property.
(13) No driveway or entrance to a service station shall be
allowed along a street which is deemed by the City Council to be
a potential traffic hazard or create a dangerous traffic condition.
(2) Any review of an application shall~ consider the eharacter of
of the neighborhood in which the proposed use is to be located, with reference
to the effect of the proposed development on surrounding properties and the
publie benefit and need for such use in the neighborhood, and further, a con-
sideration of site area, open spaces, buffer strips and off-street parking
facilities, as defined in the minimum requirements set forth hereinabove and
in paragraphs (t~), (D), (I~) and (F) hereinafter.
Section 3: That Item (8) subsection (A) of Section 31-9 of the
Codified Ordinances of the City of Boynton Beach, Florida, is hereby repealed
in its entirety and the following substituted therefor, after Item (18) of said
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subsection (A):
"(AA) Conditional Uses.
( 1. ) When, after review of an application and plans appertain-
ing thereto and hearing thereon, the Planning Board advise as a fact that the
p!~oposed use or uses will coincide with the City's comprehensive develop-
ment plan and are in the public interest, the following uses may be
recommended to the City Council for approval, providing that said plans
comply with the minimum criteria set forth hereinafter:
A. Gasoline filling stations and automobile repair garages:
(1) There shall be a minimum distance of six hundred
(600) feet between the nearest property line of the lot or plot
of land upon which the prposed service station is to be
constructed and the nearest property line of a lot or plot of lan.
upon which any church, public playground, hospital or public
school or other similar public or semi-public place where
large numbers of people congregate.
(2) The minimum size plot of land shall be 17,500 feet
in area with a minimum frontage of 175 feet, on all abutting
streets.
(3) At least 5% of the gross plot area shall consist of
landscaping equipped with adequate sprinkler systems. All
landscaping shall be maintained in a healthy growing condition.
(4) There shall be a minimum distance of 15 feet between
the location of a gas pump island and any adjacent property
line.
(5) Driveway entrances shall measure no more than forty
five (45') feet across and be located no closer than forty (40')
feet to any street intersection or nearer than 25 feet to any
interior property line.
(6) There shall be constructed a safety island of grass or
concrete for pedestrians between two driveways which shall be
ten (10') feet in width and no less than twenty (20') feet in lengtt
measured along its side abutting a sidewalk or paving of said
station, whichever is in the plan of construction.
(7) A masonry or concrete louvre wall at least five (5')
feet in height and meeting the provisions of the Building Code
shall be constructed along all property lines abutting residen-
tially- zoned property to a distance of twenty-five (25') feet of
any street right-of-way line. The wall shall be kept in good
repair and appearance at all times. Openings with gates may
be allowed where deemed reasonable by the building official.
(8) The entrance to the building wherein motor vehicles
are washed by mechanical means as a primary function, shall
be located on a lot or plot a minimum distance of seventy-five
(75') feet from the street line to provide an off-street area for
vehicles waiting to be washed.
(9) No outdoor display of merchandise, except under a
permanent roof, including oil and tires, shall be permitted,
except that sufficient oil in cans to service vehicles may be
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stored at pump islands.
(10) No signs shall extend more than thirty (30') feet
above the top of the ground. Persons seeking an exception
to this height limit must apply to the City Council for
approval.
(11) No banners, streamers, flags, wind-driven whili-
gigs or similar devices shall be permitted except for a
thirty-day period following the opening of a new station.
(12) Ail lights and lighting on a service station
building and/or from a sign shall be so designed and
arranged as not to cause a direct glare into residentially
zoned property.
(13) No driveway or entrance to a service station shall
be allowed along a street which is deemed by the City
Council to be a potential traffic hazard or create a
dangerous traffic condition.
(2) Any review of an application shall consider the
character of the neighborhood in which the proposed use is to be lo- on
cated, with reference to the e£fect of the proposed development/sur~
rounding properties and the public benefit and need for such use in
the neighbomhood, and further, a consideration of site area, open s~s
buffer strips and off-street parking facilities, as defined in the
minimum requirements set forth hereinabove and in paragraphs (D), (E)
and (F) hereinafter.
Section 4: Separabi.lity: Each of the provisions of this
Ordinance are separable, including word, clause, phrase or sentenced
and if any portion hereof shall be declared invalid, the remaining
portion shall not be affected but shall remain in full force and
effect.
Section 5: Authority. to Codify: Specific authority is
hereby granted to codify and incorporate this Ordinance in the CityTs
existing Code.
Section 6: Repealing Provisions: Ail ordira nces or parts
of ordinances in conflict herewith are hereby repealed.
Section 7: Effective Date: This Ordinance shall become
effective in the manner and at the time provided in the charter and
Ordinances of the City of Boynton Beach, Florida.
Firs~e reading this 6th day of October A.D. 1969
Second, final reading and passage this 20th day of
October , A.D., 1969.
OF BOYN?~ BEACH, FLORI~pA
/
Vice Mayor
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AT TE ST: Councilman