O65-31ORDINANCE NO. 65-32
AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA,
RELATING TO JUNK YARDS, SETTING FORTH DEFINITIONS AND
RESTRICTIONS AS TO LOCATION AND AREA; REQUIRIL~G JUNK
YARDS TO BE OBSCURED BY MEANS OF NATURAL OBJECTS
OR FENCES: AND FOR AUTHORITY TO CODIFY, PENALTY
PROVISIONS, SAVINGS CLAUSE, EFFECTIVE DATE, AND FOR
OTHER PURPOSES.
PREAMBLE
WHEREAS, it is recognized that Junk Yards and
automobile graveyards are presently or may be in the future
located or operated within the municipal limits of the CITY OF
BOYNTON BEACH, FLORIDA, in such a manner as to create
public nuisances and thereby adversely affect the health, safety,
morals and welfare of the inhabitants of the said City; and
WHEREAS, it is deemed essential by the City Council
of said municipalty that reasonable regulatory requirements be
established in connection with the establishment and operation of
such facilities in order to minimize the adverse effect of same to
the orderly development and asthetic values of the community, as
well as for the protection of the general welfare of the public, now
therefore
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
BOYNTON BEACH, FLORIDA:
SECTION 1. Definitions:
For the purposes of this Chapter, the following definitions
shall apply:
(1) "Junk" shall mean old or scrap copper, brass, rope, rags,
batteries, paper, lumber, trash, rubber, debris, oddments, wastements,
, litter, leavings, ruins, castoffs, rummage, waste, or junked, dismantled
or wrecked automobiles, or parts thereof, iron, steel and other old scrap
ferrous or non-ferrous material.
(2) "Automobile graveyard. "shall mean an establishment or
place of business which is maintained or operated for the use of storing,
keeping, buying or selling wrecked, scrapped, ruined, or dismantled motor
vehicles or motor vehicle parts.
(3) "Junkyard" shall mean an establishment or place of
business which is maintained or operated for the use of storing, keeping,
buying or selling such junk, or for the maintenance or operation of an auto-
mobile graveyard and shall be construed to include garbage dumps and
sanitary fills.
(4) "City Council" shall mean City Council of the City of
Boynton Beach, Florida.
SECTION 2; Restrictions upon new junk yards or
automobile graveyards.
It shall be unlawful for any person, firm or corporation
to hereafter establish or maintain an automobile graveyard or junk yard
as he re inabove defined without first obtaining a special permit therefor
from the City Council. In connection with the issuance of such permits
the following requirements shall be applicable:
(a) Area.- The minimum area of land to be used shall not
be less than 40, 000 square feet and the maximum area of land so used
shall not exceed 200,000 square feet.
(b) Setback lines.- No automobile or vehicle not in running
order or any other junk or scrap of whatsoever character shall at any time
be located for storage, dismantling or any other purpose within seventy-five
(75) feet of any boundary or any residential district, within fifty (50) feet of
the front street line, within thirty (30) feet of any side street line, nor within
thirty (30) feet of any other property line of the lot or parcel of land to be so
used.
(c) Screening of premises; erection, maintenance,.
The area to be occupied by the junk yard shall be entirely surrounded by a
substantial, continuous masonry fence or wall at least eight (8) feet in height,
or by vegetative screening of similar height ~,~. Such ~ fence or wall shall be
of similar composition, construction, and color throughout and shall be
constructed without openings except for one entrance and one exit, such
entrance and exit to be equipped with unpierced gates. Such gates shall be
closed and securely locked at all times, except during business hours.
Plans for such fence or wall shall be submitted to the CitY Council who shall
determine whether or not the proposed fence will meet the requirements of
this chapter. No building permit shall be issued for the construction of
fence or wall until the approval of the City Council has been secured. Such
fence shall be maintained in good order and shall not be allowed to deteriorat~
If vegetative screen is lo be substituted for such fence or wall
plans for such screening shall be submitted to the City Council for approval.
Such vegetative screen shall consist of a greenbelt strip not less than twenty
(20) feet wide where it adjoins another lot line, nor less than ten (t0) feet
wide where it adjoinS' a street line. The greenbelt shall be composed of at
least one row of deciduous or evergreen trees and one or two rows of shrubs
The City Council shall approve or disapprove such request for vegetative
screening. The vegetative screening shall be cared for and maintained in
a husbandman-like manner by the operator of the junk yard.
(d) Applications for issuance of special permits provided
for hereinabove shall be made upon forms to be prescribed by the City Clerk
SECTION 3: Restrictions upon existing junk yards or
automobile graveyards.
Since it is the intent of this chapter to minirr~ize the extension
of nonconforming uses and to look to their possible eventm~l elimination,
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any junk yard or automobile graveyard existing and operating as a non=
conforming use in any district on the effective date of this ordinance shall
be allowed to continue its operations subject to the following provisions, and
all other applicable provisions of the City Code and City Charter, to wit:
(a) Area The actual area used for the operation of such
junk yard or automobile graveyard as of the effective date of the enactment
the City's Master Zoning Ordinance, to wit: Ordinance No. 62-9, rendering
such operation a non-conforming use, shall not be increased at any time or
under any circumstances.
(b) Buildings: No additional permanent buildings shall be
erected and no presently existing permanent buildings shall be structurally
altered to increase their bulk or square footage area.
(e) Setback lines: After the effective date of this ordinance,
no automobile not in running order or any other junk or scrap of whatsoever
character shall at any time be located for storage, dismantling or any other
purpose within seventy-five ~7§) feet o~ any boundary of any residential
district, within fifty (50) feet of the front sireet line, within thirty (30) feet
of any side street line, nor within thirty (30) feet of any other property line
of the lot being so used. It is the intent of this chapter that where such
autos, junk or scrap are presently so located that the owner or operator of
the junk yard be required to conform to the provisions of this subsection.
(d) Screening of premises; erection, maintenance: Within
sixty (60) days after the effective date of this ordinance, the area occupied
by the junk yard shall be entirely surrounded by a substantial, continuous
masonry fence or will at least eight (8) feet in:he~ight, or by vegetative scree]
ing of similar height. The fence shall meet the requirements of Section 2
above and the procedure there outlined for approval of the plans for such
fence shall be followed.
It is the intent of this chapter that the time period allowed for
the erection of the fence is reasonable and that the requirement of such fe
is necessary to accomplish the purposes of this ordinance.
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SECTION 4. Separability. Each of the provisions of this
Ordinance are separable, including word, clause, phrase, or sentence, and
if any portion hereof shall be declared invalid, the remaining portion shall
notbe affected but shall remain in full force and effect.
SECTION 5. i,~epealing Provisions: All ordinances or part~
of ordinances in conflict herewith are hereby repealed.
SECTION 6. Authority to Codify: That authority is hereby
granted to codify and incorporate this ordinance in the City's existing Code.
SECTION 7. Penalty Piiovisions: Any person, firm or
corporation convicted of violating the provisions of this ordinance, shall
upon conviction thereof be punished by a fine not exceeding the sum of $5~D. 0D~
or by imprisonment in the City Jail for a period not exceeding 90 days, or
by both such fine and imprisonment. Any day upon which such violation
exists or continues to exist shall be deemed a separate and distinct offence.
SECTION 9. Effective Date. This ordinance shall become
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effective in the manner and at the time provided by the Charter and Ordinances
of the CITY OF BOYNTON BEACH, FLORIDA.
A.D. 1965.
(Corporate sealk?
City Cle rk~// ~
First reading this 2nd day of August, A. D. 1965.
Second, final reading and passage this 16th day of August,
CITY OF BOYNTON BEACH FLORIDA
By
Councilfnan
Councilman