LEGAL APPROVAL
/
A
MEMORANDUM No. 91-112
May 7, 1991
TO:
Chris Cutro, Planning Director
James A. Cherof, City Attorney ~
Service Stations/Required Frontage
Code Reference: Appendix A Section 11 L 2
FROM:
RE:
You have
referenced code
measurement for
essence is:
requested clarification of the above
section with respect to the points of
determining frontage. Your question in
When a service station is located on the
corner of two intersecting streets
should frontage be measured from the
point of intersection of the property
lines at the corner?
Your question is answered in the affirmative.
Section 11 L 2 of Appendix A provides that the minimum
frontage for service stations is 175 feet on all abutting
streets. No specific method of measurement is provided.
However, the Boynton Beach Parking Lot Regulations, adopted
after Section 11 of Appendix A, provides guidance for
purposes of interpretation. Section 5-142(h)(3) deals with
driveway set-backs and provides that the measurement is
"from the intersection of the right-of-way lines along local
streets". This appears to be a practicable approach to the
measurement of frontage since lot configurations are
variable. Accordingly, this method of measurement should be
used to calculate frontage. For purposes of clarification I
have attached a diagram.
If you require further clarification, please do not
hesitate to contact me.
cc: J. Scott Miller, City Manager
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MEMORANDUM
FROM:
Chris Cutro, Director of Planning~~ ~
James A. cherof, city Attorney ~~-
Code Interpretation, parking Lot Driveways for
Service Stations
TO:
SUBJECT:
DATE:
March 1, 1991
You have asked me to examine an apparent conflict between Section
11 L 5 of Appendix A of the Zoning Regulations and section 5-
142 (h) (3) as they relate to setback requirements for driveway
entrances from intersecting right-of-ways. Stated differently,
you have posed the following question:
Should the requirements of the Boynton Beach Parking
Lot Regulation be applied to the construction of
driveway entrances for service stations?
The question is answered in the negative.
There are several principals of statutory construction that must
be applied:
1. The principals of statutory construction apply to
zoning ordinances which are issued by cities. Rinker Materials
Corp. v. city of Miami, 286 So.2d 552 (Fla. 1973).
2. The general, and most persuasive rule of statutory
construction is that whenever possible, the Courts will, and
must, attempt to construe related statutory provisions, if
conflicting, in such a way as to harmonize them and give them
both full effect. Palm Harbor Special Fire Control District v.
Kellv, 516 So.2d 249 (Fla. 1987); Villery Y. Florida Parole and
Probation Commission, 396 So.2d 1107 (Fla. 1980); District School
Board of Lake County v. Talmadge, 381 So.2d 698 (Fla. 1980).
3. Where a statute is passed with knowledge of prior
existing laws, construction is favored which gives each statute a
field of operation rather than a construction that would leave
one statute meaningless or released by implication. State
Department of Public Welfare v. Galilean Children's Home, 102
So.2d 388 (Fla.~DCA 1958).
4.
law and
Since zoning ordinances are in derogation of the common
deprive owners of th~jf<:Jt.r\rif.[jr ,property, any
MAR 1 q ~.:::s
PLANNlr:G DEPT.
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l
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ambigui ties which may arise from conflicting zoning ordinances
should be resol ved in favor of the property owner. Thomas v.
citv of Crescent City, 503 So.2d 1299 (Fla. 5th DCA 1987).
5. Courts must also give specific terms and provisions
precedence over those terms and provisions which are more general
in nature if the two provisions conflict. Lake Barrington
citizens commission v. Villaae of Lake Barrington, 312 NE.2d 337
(1974).
In applying the above rules of statutory construction to the
question posed I conclude that the two provisions of the Code are
not in confl ict and can be read together. The parking lot
regulations should be generally applied to all parking lot
construction unless a more specific ordinance of the city exists,
such as the one which applies to service stations. The Boynton
Beach parking lot regulation does not apply to the construction
of driveway entrances for service stations. Section 11 L 5 of
Appendix A controls the distance requirements for parking lot
entrances for service stations.
Ilms
LIB
CUTROMEM
cc: J. Scott Miller, City Manager
Don Jaeger, Building Official
Vince Finizio, Administrator Coordinator of Engineering
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