23-011 1
2 ORDINANCE NO. 23-011
3
4
5 AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA AMENDING
6 THE LAND DEVELOPMENT REGULATIONS CHAPTER 1, ARTICLE II.
7 DEFINITIONS; CHAPTER 3, ARTICLE IV, SECTION 3. USE REGULATIONS;AND
8 CHAPTER 4, ARTICLE V, MINIMUM OFF-STREET PARKING REQUIREMENTS;
9 PROVIDING FOR CONFLICTS, SEVERABILITY, CODIFICATION AND AN
10 EFFECTIVE DATE.
11
12
13 WHEREAS, the proposed amendments adjust the definition, use regulations, and parking
14 requirements for car wash uses, including waxing, polishing, detailing and self-serve bays; and
15 WHEREAS, the proposed amendments also establish indoor athletic instruction/training
16 uses as an accessory use within the REC zoning district; and
17 WHEREAS, the proposed amendments clarify language referencing use footnotes; and
18 WHEREAS, these modifications are in response to changes in the industry and to seek to
19 clarify otherwise ambiguous language; and
20 WHEREAS, the City Commission of the City of Boynton Beach has considered the
21 recommendations and has determined that it is in the best interest of the citizens and residents of
22 the City of Boynton Beach, Florida to approve the amendments to the Land Development
23 Regulations as contained herein.
24 NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
25 BOYNTON BEACH, FLORIDA, THAT:
26 Section 1. The foregoing whereas clauses are true and correct and are now ratified and
27 confirmed by the City Commission.
28 Section 2. City of Boynton Beach Land Development Regulations, Chapter 1. General
29 Administration, Article II. Definitions are hereby amended as follows:
30 CHAPTER 1. GENERAL ADMINISTRATION
31
32 ARTICLE II. DEFINITIONS
S:\CA\Ordinances\LDR Changes\LDR Amendment (Ch 1,Ch 3 And Ch 4)(Indoor Training Facility And Carwashes)(After 2nd Read)-
Ordinance.Docx
33 ...
34 AUTO/CAR WASH (POLISHING, WAXING, DETAILING) - Establishments providing for
I 35 the cleaning washing, drying, polishing, or vacuuming of private automobiles, recreational
36 vehicles (personal watercraft), or other light duty equipment through manual detailing and/or
37 mechanical resources. These establishments may utilize conveyor belt equipment or similar
38 to transport vehicles through wash tunnels.
39 Business activity is to be conducted indoors, but the establishment may have an outdoor
40 component if approved through the site plan or site plan modification process.
41 AUTO/CAR WASH (SELF-SERVE BAY) -An establishment where customers wash, dry,
42 polish`or vacuum their own vehicles or marine vessels using on-site equipment and
43 supplies.washing, drying. polishing, or vacuuming of a passenger automobile or marina
44 vessel is performed by the driver or the occupant. This use is not intended to serve a
45 commercial or industrial fleet.
46 ...
47
48 Section 3. City of Boynton Beach Land Development Regulations, Chapter 3. Zoning,
49 Article IV. Use Regulations is hereby amended as follows:
50 CHAPTER 3. ZONING
51 ...
52 ARTICLE IV. USE REGULATIONS
53 ...
54 Sec. 3. Use Regulations.
55 ...
56 C. Use Matrix Legend. Uses regulated herein are classified in one (1) or more of the
57 following categories:
58 1. "P" - Permitted Uses. A permitted use is allowed by right within a zoning district
59 provided that all development regulations are met. A permitted use must be conducted on a
60 site in order to have accessory or ancillary uses on that site. Uses identified with a "P" on
61 the use matrix are permitted by right in the district, subject to compliance with 1) the
62 -e -'e- - . -- 'e e -" -e ---- accompanying use footnote(s)
63 number(s), which directly corresponds with Section 3.E. below; and 2) any other applicable
64 requirements prescribed by these Land Development Regulations.
65 2. "C" - Conditional Uses. A use that because of special requirements or
66 characteristics may be allowed in a particular zoning district but only with conditions as
67 necessary to make the use compatible with other uses permitted in the same zone or
68 vicinity. Uses identified with a "C" on the use matrix are allowed in the zoning district,
69 subject to compliance with the following: 1) additional standards indicated in the "Note"
70 columnaccompanyinq use footnote(s) number(s), which directly corresponds with Section
71 3.E. below; 2) standards for evaluating conditional uses in accordance with Section 4 below;
72 and 3) any other applicable requirements prescribed by these Land Development
73 Regulations.
74 3. "A" - Accessory Uses. A use that is customarily incidental to the principal
75 use. Uses identified with an "A" on the use matrix are permitted as an accessory use to a
76 permitted principal use in the district, subject to compliance with the following: 1)
2
S:ACA\Ordinances\LDR Changes\LDR Amendment (Ch 1,Ch 3 And Ch 4)(Indoor Training Facility And Carwashes)(After 2nd Read)-
Ordinance.Docx
77 accompanying use footnote(s) number(s)additional standards indicated in the "Note"
78 column, which directly corresponds with Section 3.E. below; and 2) any other applicable
79 requirements prescribed by these Land Development Regulations. The nature of the
80 principal use will determine the use review authority required to review and approve the
81 accessory use. Accessory uses, unless otherwise provided, shall be located on the same
82 premises as the principal use.
83 4. Vacant Box. A vacant box that contains no symbol signifies that the use category is
84 not allowed within the corresponding zoning district.
85
86 D. Use Matrix (Table 3-28)
87 See Exhibit "A" attached hereto and incorporated herein by reference.
88
I 89 E. Use Footnotes.
90 ...
91
92 60. Auto/Car Washcs (Polishing, Waxing, Detailing).
93 a. Auto/Car Wash (Polishing, Waxing, Detailing).
94 (1) Full-Service. Establishments where the act of washing, drying, polishing, or
95 vacuuming are conducted by the establishment either through mechanical means or through
96 on-site employees, and may also include a component which allows for customers to
97 vacuum or polish the vehicle themselves using on-site equipment and supplies.
98 (i) All washing activities must occur within a fully- or semi-enclosed building.
99 (ii) All other business activities, including areas for the detailing or vacuuming of
100 vehicles, must occur within a fully- or semi-enclosed building or underneath a
101 permanent, impermeable roof that provides shade and protection from the
102 elements and is compatible with the principal structure.
103 (iii) C-2 District. This subtype is not permitted within the C-2 zoning district.
104 (iv) PID District. Only allowed as an accessory use to an auto dealer, new or
105 used.
106 (2) Fully-Automated. Establishments where the act of washing, drying, polishing, or
107 vacuuming are fully automated with no on-site employee involvement.
108 (i) All washing activities must occur within a fully- or semi-enclosed building.
109 (ii) a. C-2 District, C-3 District, C-4 District, and PCD District. This subtype
110 must be accessory to a gasoline station and must obtain conditional use approval prior to
111 establishment.
112 Only a fully automated style auto/car wash facility is allowed as an accessory use to a
113 gasoline station. However, conditional use approval is required for this component of the
114 establishment.
115 (iii)_ b. PID District. Only allowed as an accessory use to an auto dealer, new or
116 used.
117 b. Auto/Car Wash (Self-Serve Bay).
118 (1) General. All business activities must occur within a fully- or semi-enclosed
119 building.
120 ...
121
122 Section 4. City of Boynton Beach Land Development Regulations, Chapter 4, Site
3
S:ACA\Ordinances\LDR Changes\LDR Amendment (Ch I,Ch 3 And Ch 4)(Indoor Training Facility And Carwashes)(After 2nd Read)-
Ordinance.Docx
123 development Standards, Article V, Minimum Off-Street Parking Requirements is hereby amended
124 as follows:
125 CHAPTER 4. SITE DEVELOPMENT STANDARDS
126 ...
127 Article V. Minimum Off-Street Parking Requirements
128 ...
129 Section 2. Standards.
130 ...
131 C. Table 4-18. Commercial and Office & Health Care Uses. Where a use is located in a
132 shopping center, office building, or office-retail complex, the parking space requirement for
133 the shopping center, office building, or office-retail complex in which it is located shall apply;
134 except that where a theater is located in a shopping center the parking space requirement
135 for theaters shall apply for the seating or gross floor area of the theater (see "theater" in
136 Section 3.D. below).
137
Commercial and Office & Health Care Standard Number of Required Parking Spaces
Uses Per square feet(unless expressed otherwise)
Building area is based upon gross floor area (in square feet) unless specifically expressed
otherwise.
Auto car wash (polishing, waxing,
detailing)
Automated (no employees): N/A
Full-service: 4 per tunnel4
Auto car wash, self-service bay: 2 per bay
138 ...
139 4 Plus one (1) space per eeventy fivetwo-hundred fifty (7-5250) square feet of full-service
140 detailing, washing, and waxing areas.
141 ...
142
143 Section 5. Each and every other provision of the Land Development Regulations not
144 herein specifically amended, shall remain in full force and effect as originally adopted.
145 Section 6. All laws and ordinances applying to the City of Boynton Beach in conflict
146 with any provisions of this ordinance are hereby repealed.
147 Section 7. Should any section or provision of this Ordinance or any portion thereof be
148 declared by a court of competent jurisdiction to be invalid, such decision shall not affect the
149 remainder of this Ordinance.
4
S:\CA\Ordinances\LDR Changes\LDR Amendment (Ch I,Ch 3 And Ch 4)(Indoor Training Facility And Carwashes)(After 2nd Read)-
Ordinance.Docx
150 Section 8. Authority is hereby given to codify this Ordinance.
151 Section 9. This Ordinance shall become effective immediately.
152 FIRST READING this 6th day of June, 2023.
153
154 SECOND, FINAL READING AND PASSAGE this 20th day of June, 2023.
155 CITY OF BOYNTON BEACH, FLORIDA
156
157 YES /NO
158 Mayor—Ty Penserga ✓
159 /
160 Vice-Mayor—Thomas Turkin
161
162 Commissioner—Angela Cruz
163
164 Commissioner—Woodrow L. Hay
165
166 Commissioner—Aimee Kelley
167 45'0
168 VOTE
169
170
171
172 1: ,. x /--
174 _
175 Maylee De :sus, MPA, M C Ty "":a
176 City Clerk May.
177
178 APP AS TOR •
179 (Corporate Seal) WON— /
180 i •••QORAT'•e� 't
181 •0/3) %.0
A� •;2.�� Michael D. Cirullo,Jr.
182 1—; SVS-1-1 , City Attorney
• RgED
183 U 1NGORg20 f
4 19
5
S:\CA\Ordinances\LDR Changes\LDR Amendment (Ch 1,Ch 3 And Ch 4)(Indoor Training Facility And CarwashesX2nd Read)-
Ordinance.Docx
D. Use Matrix(Table 3-28).
P=Permitted
R-1- R-1- u
C=Conditional AAB R-1-A R-1 R-2 R-3 IPUD PUD MHP C-1 C-2 C-3 C-4 CBD D r�^'U MU-1 MU-2 MUS MU-4 MU-C M-1 PID PU REC
A=Accessory I I
COMMERCIAL
Services
Auto/Car Wash
(Polishing,Waxing, A C C C A
Detailing) 60 60 60 60 60
Auto/Car Wash,Self- C C C
serve Bay 60 60 60
ARTS,ENTERTAINMENT&RECREATIONAL
Indoor Athletic18 P P P P P P PP PP P P P A
Instruction/Training 19 1 1 14 14 14 1 1 21