LEGAL APPROVAL
ORDINANCE NO. 0 00-58
AN ORDINANCE OF THE CITY COMMISSION OF THE
cm OF BOYNTON BEACH, FLORIDA AMENDING
LAND DEVELOPMENT REGULATIONS, CHAPTER 2,
SECTION 11.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 CON FUCTS, SEVERABILITY,
CODIFICATION AND AN EFFECTIVE DATE.
XI. lEGA
.'\, I
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
ity of Boynton Beach has deemed it to be in the best interests of the citizens
nd 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
asoline Products. to allow the regulations to be modified to allow gas sales
ncillary to a principle use in a PCD, subject to minimum acreage and other site
ndards;
NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION
F THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section 1. The foregoing whereas dauses are true and correct and are
now ratified and confirmed by the City Commission.
Section 2.
That Chapter 2. Zoning, Section 11. L.COMMERCIAL
ESTABUSHMENTS ENGAGED IN THE RETAIL SALE OF GASOUNE OR GASOUNE
PRODUCTS. is hereby amended by adding the words and figures in underlined
pe and by deleting the words and figures in struck-through type, as follows:
1. Purpose. Tne 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 building or structure incidental to, subordinate
to and subservient to the orincioal building or structure located on the premises.
Ancillarv Use. A use incidental to, subordinate to and subservient to the orincioal
use of the premises.
Automotive service station. The use of a building...
3. Development standards which applv to all gasoline disoensing
establishments exceot those described under Subsection 4 of this Section I.
below:
a. Location
(1) All gasoline dispensing establishments not determined to be ancillary
uses a described in Subsection 4 below shall be located only at the intersection
f any combination of the following roads as designated in the Boynton Beach
omprehensive Plan: ...
Front - 35 feet
Side - 20 feet
Rear - 20 feet
Other:
(a) No canooy shall be located less than twenty (20) feet
from any orooertv line.
(b) No gasoline oump island shall be located less than
thirty (30) feet from any orooerty line.
(c) 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 washing
process. .
e No asoline dis ensin e Iishment shall be located
within two hundred (200) feet from a residential structure.
Distances for the ourpose of this subsection shall be
measured from the closest gaSOline pump island or canooy
of the gasoline dispensing establishment to the closest
boundary wall of the residential structure.
b. Buffers. Exce t for ermitted drivewa 0 enin s a five 5 foot wide
landscaoed buffer shall be located around that portion of the parcel of which the
gasoline disoensing establishment is located. When the buffer separates the
oortion of the oroperty on which the gasoline-dispensing establishment is located
from a residentially zoned orooertv. the buffer shall contain a six (6) foot high
concrete walllandscaoed 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 (10) to fifteen (15) feet in height with three-inch caliper
every forty (40) feet~ and groundcover. When the buffer seoarates the portion
of the prooertv on which the gasqline dispensing establishment is located from
other commercial prooertv. the buffer shall not be required to contain a concrete
wall. Landscaping shall be continuouslv maintained.
1. The wall shall be keot in good repair and aooearance at all
times.
2. Openings with gates may be allowed where deemed
aporopriate by the City Commission.
c. Design Criteria.
1. All gasoline dispensing establishments defined as ancillarv to
a principal tenant of a planned commercial district. shall conform in
design to the approved desian plan of the orincipal tenant.
2. No gasoline dispensing establishments defined as ancillary to
a principal tenant shall be oermitted to advertise product oricing on
the site sign identifying the primary tenant or occuoant.
3. All gasoline disoensing establishments defined as ancillary to
a principal tenant of a planned commercial district shall not install
exterior site lighting which exceeds ohotometric levels of 50-foot
candles average maintained.
d. Conditional Use. Gasoline disoensing establishments defined as
ancillary to a principal tenant of a planned commercial district are herebv
designated as a conditional use as that term is defined in Section 11.2.
e. Distance Separation Reauirements. 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
as 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
portion thereof be declared by a court of competent jurisdiction to be invalid,
uch decision shall not affect the remainder of this Ordinance.
Section 8. Authority is hereby given to codify this Ordinance.
Section 9. This Ordinance shall become effective immediately.
FIRST READING this ~ day of October, 2000.
SECOND, FINAL READING AND PASSAGE this
October, 2000.
day of
CITY OF BOYNTON BEACH, FLORIDA
Mayor
Vice Mayor
Mayor Pro Tem
Commissioner
Commissioner
ATTEST:
City Clerk
s:ca\ord\Amend LOR - Gasoline Establishments - PCOO92700
Meeting Minutes
Regular City Commission
Boynton Beach, Florida
October 4, 2000
5. Proposed Ordinance No. 000-57 Re: Amending Chapter
2, Section 11.L.3.a. to allow retail sale of gasoline or gasoline
products to be permitted on parcels of land containing 12 acres or
more, located within a 1,000 foot radius of an intersection, and
fronting on a roadway of three lanes or more
Attorney Cherof reported that no Ordinance had been prepared for this Agenda Item
due to the adverse treatment by staff and the Planning and Development Board.
Attorney Cherof stated that the Ordinance should be either deleted from the Agenda
and directed that no Ordinance be prepared, or to direct that an Ordinance be
prepared.
Motion
Commissioner Fisher moved to deny Ordinance 000-57. Motion seconded by
Commissioner Black. City Clerk Sue Kruse polled the vote. The vote was unanimous.
6. 'ProposedOrdinance No. 000-58 Re: Amending Chapter
2, Section l1.l to allow automobile fueling facilities as ancillary
uses in Planned Commercial Developments of ten (10) acres or
more, and approved as conditional uses under separate
development standards and locational criteria
Attorney Cherof read Proposed Ordinance No. 000-58 by title only.
Motion
Commissioner Fisher moved to approve Ordinance 000-58. Motion seconded by
Commissioner Black. City Clerk Sue Kruse polled the vote. The vote was unanimous.
B. Resolutions:
Motion
Commissioner Fisher moved to remove ROO-134 from the table. Motion seconded by
Commissioner Black and unanimously carried.
1. Proposed Resolution No. ROO-134 Re: Authorizing the use
of City-owned property for sidewalk relocation and the addition of a
second left-turn lane from northbound Seacrest Boulevard onto
westbound Woolbright Road (TABLED ON 9/19/00)
Attorney Cherof read Proposed Resolution No. ROO-134 by title only.
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