23-024 l
2 ORDINANCE NO. 23-024
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.D. USE MATRIX AND
8 NOTES, AND CHAPTER 4, ARTICLE V. MINIMUM OFF-STREET PARKING
9 REQUIREMENTS, TO MODIFY AND ADD DEFINITIONS, USE REGULATIONS,
10 AND PARKING FOR COMMERCIAL KITCHEN USES, FOOD
11 PROCESSING/MANUFACTURING, GHOST KITCHENS,AND BANQUET HALLS;
12 PROVIDING FOR CONFLICTS, SEVERABILITY, CODIFICATION AND AN
13 EFFECTIVE DATE.
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16 WHEREAS, several food processing and manufacturing industrial uses are defined based
17 on the type of product processed and manufactured; however they are regulated with the same
18 use standards in the Land Development Regulations; and
19 WHEREAS, staff is proposing to amend such definitions and use standards to be
20 consistent with current market trends and other parts of Land Development Regulations; and
21 WHEREAS, additionally, banquet halls are only permitted through a caterer use per the
22 definition, and cannot exist without a food preparation facility; and
23 WHEREAS, the proposed changes allow for a more concise and organized regulation of
24 food processing/manufacturing uses, establish banquet hall uses, and clarify the City's regulation
25 of ghost kitchens; and
26 WHEREAS, the City Commission of the City of Boynton Beach has considered the
27 recommendations and has determined that it is in the best interest of the citizens and residents
28 of the City of Boynton Beach, Florida to approve the amendments to the Land Development
29 Regulations as contained herein.
30 NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
31 BOYNTON BEACH, FLORIDA, THAT:
32 Section 1. The foregoing whereas clauses are true and correct and are now ratified and
33 confirmed by the City Commission.
34 Section 2. City of Boynton Beach Land Development Regulations, Chapter 1. General
35 Administration, Article II. Definitions are hereby amended as follows:
36 CHAPTER 1. GENERAL ADMINISTRATION
37 ...
38 ARTICLE II. DEFINITIONS
39 ...
40 BAKERY, COMMERCIAL - See "KITCHEN, COMMERCIAL"
41 ...
42 BANQUET HALL-An establishment available to host private social and business events.
43 The hall may or may not include a kitchen to prepare food for events held at the
44 establishment. Private functions can include,but are not limited to, banquets,weddings,
45 anniversaries, and other similar celebrations.
46 ...
47 CATERER- See "KITCHEN, COMMERCIAL"
48 ... KITCHEN, COMMERCIAL -An establishment where one or more foodservice operators
49 prepare and store food in bulk to be delivered and/or served at an off-site location.
50 ...
51 DAIRY PRODUCTS MFG - See "FOOD PROCESSING/MANUFACTURING"
52 ...
53 FOOD PROCESSING/MANUFACTURING -An establishment primarily engaged in
54 processing, manufacturing,and packaging food for consumption off-site.
55 ...
56 FROZEN FOOD - See "FOOD PROCESSING/MANUFACTURING"
57 111
58 GHOST KITCHEN - See "RESTAURANT, TAKE-OUT"
59 ...
60 ICE CREAM &FROZEN DESSERT- See "FOOD PROCESSING/MANUFACTURING"
61 ...
62 RESTAURANT, TAKE-OUT-An establishment engaged in preparing and selling food and
63 beverage items for consumption off the premises,via pick-up, carry-out, or delivery.
64 Alcoholic beverages may be sold in combination with selling food but ultimately,the sale of
65 food constitutes more than fifty-one percent (51%) of its monthly gross revenue.
66 ...
67 TASTING ROOM - Commercial floor area of a food or beverage manufacturing
68 establishment where the public is allowed and encouraged to purchase,taste, and/or
69 consume the products produced on or off-site. The zoning regulations may contain
70 conditions applicable to tasting rooms with respect to location, size, hours of operation,
71 and the like, in order to maintain the ancillary relationship with the principal use and
72 compatibility with surrounding properties and zoning district.
73 ...
74 Section 3. City of Boynton Beach Land Development Regulations, Chapter 3. Zoning,
75 Article IV. Use Regulations is hereby amended as follows:
76 CHAPTER 3. ZONING
77 ...
78 ARTICLE IV. USE REGULATIONS
79 ...
80 Sec. 3. Use Regulations.
81 D. Use Matrix (Table 3-28).
P=Permitted R-1- R-1- R-1- MU-
C=ConditionalAAB AA A R-1 R-2 R-3 IPUD PUD MHP C-1 C-2 C-3 C-4 CBD PCD SMU MU-1 MU-2 MU-3 MU-4 M-1 PID PU REC
A=Accessory
COMMERCIAL
Retail Sales
Banquet Hall P P P P P P P P P P
17 17 17 17 17 17
Restaurant,Take-out 2
PP P P P P PP P P P P P A 20
18 8 2 17 17 '17 17 17 17 59 28 20 21
COMMERCIAL
Services
A A
Caterer 106 P 22 P 26
INDUSTRIAL
Manufacturing,Fabrication&Processing
P P P
Bakery,Commercial 105 26
105
Beverage Mfg C P P
9 9 26
Brewery,Winery, C P P
Distillery 9 9 26
C P P
Dairy Products Mfg
105 105 26
Food C P P
Processing/Manufacturi 105 105 26
9
C P P
Frozen Food
105 105 26
Kitchen,Commercial P P P
105 105 26
Ice Cream &Frozen C P P
Dessert 105 I _ 105 26
82 ...
83 2. General Note.The gross floor area shall not exceed ten thousand (10,000) square feet.
84 ...
85 8. General Note. Non-residential uses located in a PUD must serve the needs of the PUD
86 and not the general needs of a surrounding area.Areas designated for commercial activities
87 shall not generally front on exterior or perimeter streets, and shall be located centrally
88 within the project.The only exception to these rules is when a residential mixed-use project
89 would promote new urbanism design standards and helps to further sustainable initiatives.
90 Such developments shall also be designed to further any applicable recommendations
91 within the corresponding redevelopment plan.
92 9. Brewery,Winery, Distillery, and Beverage Mfg.
93 a. All districts.The maximum size of a tasting room shall be less than 50% of the gross
94 floor area for that establishment. No use shall be carried out so as to allow the emission of
95 objectionable or offensive odors or fumes in such concentration as to be readily perceptible
96 at any point at or beyond the boundary of the zoning district. See Chapter 4,Article V,
97 Section 2.E for additional regulations pertaining to off-street parking requirements for
98 tasting rooms.
99 b. C-4 district. If proposed on a site that fronts on an arterial or collector roadway,the
100 establishment shall be required to have an accessory commercial component(i.e.,tasting
101 room or retail showroom) to the operation.The size of the tasting room/retail showroom
102 shall be at least ten percent(10%) of the gross floor area or one thousand (1,000) square
103 feet,whichever is greater. This minimum size requirement is not applicable to those
104 establishments which do not front on an arterial or collector roadway. See subparagraph d.
105 below for additional provisions pertaining to beverage manufacturing establishments.
106 c. M-1 District.
107 (1) An accessory commercial component(i.e.,tasting room or retail showroom) shall
108 be required for any establishment located on an arterial roadway. In all other instances, an
109 accessory commercial component is optional.
110 (2) No drive-up, drive-through, or drive-in facilities shall be allowed.
111 (3) See subparagraph d.below for additional provisions pertaining to beverage
112 manufacturing establishments.
113 d. Beverage Manufacturing.
114 (1) A tasting room, retail showroom, and/or facility tours shall not be open to the
115 public after 10:00 p.m.,except Fridays and Saturdays,whereby it may remain open until
116 11:00 p.m.
117 (2) This type of establishment may be eligible for a live entertainment permit;
118 however, no amplified music shall be allowed.
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119 (3) No permanent food preparation is allowed on premises.
120 ...
121 17. General Note.
122 a. All Mixed-Use Districts. This use shall be integrated into a mixed-use building or
123 development. It must not 1) occupy more than fifty percent (50%) of the gross floor area of
124 any given building or 2) exceed thirty percent(30%) of the gross floor area of the mixed use
125 development.
126 b. MU-1 district, MU-2 district, MU-3 and MU-4 district.The subject use is only allowed
127 on lots fronting on arterial or collector roadways.
128 18. Cultural District Overlay.
129 a. This use is allowed in this zoning district only when proposed on a lot located
130 within the Cultural District Overlay (CDO).
131 b. Schools. Professional and Technical schools allowed in the CDO are limited to those
132 that teach the culinary and visual arts.
133 ...
134 20. Reserved.
135 21. General Note.This use is allowed as an accessory use to any city-owned and
136 operated park facility.
137 22. General Note.This non-industrial use is allowed within the M-1 district, provided
138 that it 1) is located within a multiple-tenant development on a lot that fronts on an arterial
139 roadway; 2) does not exceed five thousand (5,000) square feet; 3) excludes a drive-up,
140 drive-through, or drive-in facility; and 4) complies with all off-street parking requirements
141 of Chapter 4,Article V. In addition,the sale of used merchandise is only allowed as
142 accessory to the sale of new merchandise.
143 ...
144 26. General Note.This use is allowed within the PID, except that if proposed in Quantum
145 Park, it shall be restricted to a lot that has an Industrial (I) land use option.
146 ...
147 28. General Note. This non-industrial use is allowed within the PID district provided it is
148 located 1) on Lot 3B of the Boynton Commerce Center PID; or 2) on a lot with a Mixed Use
149 (MU) land use option fronting on an arterial roadway or on a MU lot with a development
150 order that is not solely for residential development.
151 ...
152 54. Mobile Vending Unit (MVU). See Chapter 3,Article V, Section 10 for additional
153 regulations regarding an MVU.
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154 ...
155 59. Restaurant (Take-Out).
156 a. M-1 district.This non-industrial use is allowed within the M-1 district, provided that
157 it 1) is located within a multiple-tenant development; 2) does not exceed two thousand, five
158 hundred (2,500) square feet; 3) excludes a drive-through or drive-in facility; 4) complies
159 with all off-street parking requirements of Chapter 4,Article V; and 5) does not tender
160 transactions on-site unless located on a lot that fronts an arterial or collector roadway.
161 ...
162 105. General Note.
163 a. All districts.
164 (1) Slaughtering is not permitted.
165 (2) This industrial use may include an accessory commercial component (i.e.,tasting
166 room,retail showroom, and facility tours) unless required or restricted otherwise. The
167 maximum size of an accessory commercial component shall not exceed 20% of the gross
168 floor area for that establishment.
169 (3) No use shall be carried out so as to allow the emission of objectionable or
170 offensive odors or fumes in such concentration as to be readily perceptible at any point at or
171 beyond the boundary of the zoning district.
172 (4) Parking for an accessory commercial component shall be calculated separately
173 and according to the off-street parking requirements of Chapter 4,Article V,Section 2.C.
174 b. C-4 district.
175 (1) If proposed on a site that fronts on an arterial or collector roadway,the
176 establishment shall be required to have an accessory commercial component (i.e.,tasting
177 room or retail showroom).The size of the tasting room/retail showroom shall be at least
178 ten percent (10%) of the gross floor area or two-hundred fifty (250) square feet,whichever
179 is greater.This minimum size requirement is not applicable to those establishments which
180 do not front on an arterial or collector roadway.
181 c. M-1 District.
182 (1) If proposed on a site that fronts on an arterial or collector roadway,the
183 establishment shall be required to have an accessory commercial component (i.e.,tasting
184 room or retail showroom). The size of the tasting room/retail showroom shall be at least
185 ten percent (10%) of the gross floor area or two-hundred fifty (250) square feet,whichever
186 is greater.This minimum size requirement is not applicable to those establishments which
187 do not front on an arterial or collector roadway.
188 (2) Pick-up, carry-out, drive-through, drive-in, and the like shall not be allowed....
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189 106. Caterer. Allowed only as an accessory use to a restaurant or restaurant,take-out
190 use.
191 ...
192 Section 4. City of Boynton Beach Land Development Regulations, Chapter 4, Site
193 Development Standards, Article V, Minimum Off-Street Parking Requirements is hereby amended
194 as follows:
195 CHAPTER 4. SITE DEVELOPMENT STANDARDS
196 ...
197 ARTICLE V. MINIMUM OFF-STREET PARKING REQUIREMENTS
198 ...
199 Sec. 2. Standards.
200 A. General.
201 1. Rules and Methodology.
202 a. Parking space requirements shall be computed on the basis of the principal use of a
203 structure or lot, and using gross floor area unless stated otherwise in the Land Development
204 Regulations. Gross floor area, for the purposes of this subsection, shall include the floor
205 area occupied by the principal use, plus the floor area occupied by all other enclosed spaces,
206 including but not limited to storage rooms, maintenance and mechanical rooms, offices,
207 lounges, restrooms, lobbies,basements, mezzanines,and hallways.
208 ...
209 C. Table 4-18. Commercial and Office & Health Care Uses.Where a use is located in a
210 shopping center, office building, or office-retail complex,the parking space requirement for
211 the shopping center, office building, or office-retail complex in which it is located shall
212 apply; except that where a theater is located in a shopping center the parking space
213 requirement for theaters shall apply for the seating or gross floor area of the theater (see
214 "theater" in Section 3.D.below).
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.
Any non-residential use (minimum): 4 or 1 per 200,whichever is greaterl
Shopping center: 1 per 200
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Office-retail complex: 1 per 200
Restaurant: 1 per 2.5 seats - no less than 1 per 1002
Brewpub: 1 per 2.5 seats - no less than 1 per 1002
Restaurant,take outll: 1 per 300
Bar&night club: 1 per 2.5 seats - no less than 1 per 100
Tap-room: 1 per 2.5 seats - no less than 1 per 100
Micro-brewery, micro-winery, micro- 1 per 500 of manufacturing area and 1 per 2.5
distillery: seats (no less than 1 per 100) for remaining
gross square footage
Gasoline station: 1 per 2503
Grocery store: 1 per 200
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
Auto/motorcycle/truck,trailer, rec. 1 per 5005
vehicle sales/rental:
Automotive, repair major and minor 1 per 2507
Automotive, repair (paint and body 1 per 3008
shops only):
Boat dealer/rental: 1 per 5006
Banquet Hall 1 per 100 of the gathering area(s)
Coin-operated laundry or dry cleaner: 1 per 250
Copying,printing, or sign design: 1 per 300
Funeral home: 1 per 200
Pet care: 1 per 300
Bank and financial office: 1 per 250
Medical or dental office, 1 per 200
imaging/testing:
Photography studio: 1 per 300
Personal care (beauty,hair, and nails): 1 per 100
Furniture and home furnishings: 1 per 500
Hospital: 1 per 2.5 beds
Taxi,limousine, and charter bus: 1 per 300
Nursery,garden,and farm supply: 1 per 2,000 of outdoor nursery area9
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Travel agency: 1 per 300
Showroom warehouse (single-product 1 per 500.
line)
Business/professional office not listed 1 per 300
within this subsection:
Establishments not listed elsewhere 1 per 200
within this subsection:
216 1 Non-residential: For the non-residential components of a mixed use project,parking shall
217 be calculated at a minimum of one (1) parking space for each two hundred (200) square
218 feet of gross floor area.
219 2 Indoor child play areas shall be excluded for this purpose if such areas are
220 designed/delineated separate from dining areas and if twenty percent (20%) or less than
221 the gross floor area of the restaurant. No additional parking spaces are required for outdoor
222 seats provided that the number of outdoor seats is twenty percent (20%) or less than the
223 total number of indoor seats.Additional parking spaces shall be required for outdoor seats
224 in excess of this threshold.
225 3 The required queuing distance at pump islands shall be in accordance with Chapter 4,
226 Article VI, Section 3.F. Gasoline station establishments that contain "automotive, minor
227 repair" shall provide for additional parking spaces (see "automotive, minor repair").
228 4 Plus one (1) space per seventy-five (75) square feet of detail,washing,and waxing areas.
229 5 Plus required parking spaces for outdoor storage or display of vehicles for sale or for
230 rent.
231 6 Plus one (1) space per ten thousand (10,000) square feet of paved or unpaved outdoor
232 area used for the storage or display of boats for sale or for rent.
233 7 One (1) space per two hundred fifty (250) square feet of gross floor area devoted to
234 office, display of merchandise, and waiting area. In addition,three (3) parking spaces are
235 required for each service bay.The space within a service bay may be counted towards
236 satisfaction of the required parking. However, in no case shall less than four (4) outside
237 parking spaces be provided.
238 8 In addition, each overhead door and interior spray booth may be counted towards
239 satisfaction of the required parking, provided there is the minimum area (the size of a
240 standard parking space) between an overhead door and an interior spray booth. However,
241 in no case shall less than four (4) outside parking spaces be provided.
242 9 Plus required parking for any retail floor area.
243 10 One (1) space per 500 square feet for first 10,000 square feet,then one (1) space per
244 one thousand (1,000) square feet thereafter.
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245 11 Take-out restaurants located in M-1 shall be one (1) space per three hundred fifty (350)
246 square feet of gross floor area.
247 ...
248
249 E. Table 4-20. Industrial Uses.
Industrial Uses Standard Number of Required Parking
Spaces
Building area size is based upon gross floor area (in square feet) unless specifically
expressed otherwise.
Any non-residential use (minimum): 4 or 1 per 200,whichever is greaterl
Kitchen, Commercial: 1 per 500
Beverage and/or food manufacturing: 1 per 500 2
Brewery, Distillery,Winery 1 per 500 2
Dry cleaning plants: 1 per 500
Publishing and commercial printing: 1 per 500
Packing&shipping,trucking, and moving: 1 per 800
Research&development, 1 per 300
scientific/technological:
Warehouse, wholesale, distribution
Multi-tenant building,multi-use: 1 per 5003
Single-tenant building, single-use: 1 per 8003
Warehouse, dead-storage 1 per 1,000
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Industrial Uses Standard Number of Required Parking
Spaces
Warehouse, internet sales 1 per 7004
Storage, self-service (limited and multi-access): 1 per 75 bays5
Manufacturing and industrial uses not listed 1 per 500
elsewhere:
250 1 Non-residential: For the non-residential components of a mixed use project, parking shall
251 be calculated at a minimum of one (1) parking space for each two hundred (200) square
252 feet of gross floor area.
253 2 Plus one (1) space per 300 square feet for that portion of an accessory tasting room that
254 exceeds 20% of the gross floor area of the establishment. However, in no case shall the size
255 of a tasting room equal or be greater than 50% of the gross floor area.
256 3 Space allocated for accessory office use shall require parking at the ratio required for the
257 principal use,provided that the accessory office use does not exceed twenty percent(20%)
258 of a single-tenant building or twenty percent (20%) of each bay within multi-tenant
259 buildings. Additional parking shall be required at a ratio of one (1) space per three hundred
260 (300) square feet for any accessory office floor area that exceeds twenty percent (20%) of
261 the building/bay(s).
262 4 Plus one (1) space per five hundred (500) square feet of area devoted to
263 showroom/auction room.
264 5 Plus one (1) space per three hundred (300) square feet of office space plus two (2)
265 security spaces, if applicable.
266
267 Section 5. Each and every other provision of the Land Development Regulations not
268 herein specifically amended, shall remain in full force and effect as originally adopted.
269 Section 6. All laws and ordinances applying to the City of Boynton Beach in conflict
270 with any provisions of this ordinance are hereby repealed.
271 Section 7. Should any section or provision of this Ordinance or any portion thereof be
272 declared by a court of competent jurisdiction to be invalid, such decision shall not affect the
273 remainder of this Ordinance.
274 Section 8. Authority is hereby given to codify this Ordinance.
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275 Section 9. This Ordinance shall become effective immediately.
276 FIRST READING this 5th day of December, 2023.
277 SECOND, FINAL READING AND PASSAGE this 19th day of December, 2023.
278 CITY OF BOYNTON BEACH, FLORIDA
279
280 YES NO
281 Mayor-Ty Penserga L
282
283 Vice-Mayor-Thomas Turkin ✓
284
285 Commissioner-Angela Cruz
286
287 Commissioner-Woodrow L. Hay
288
289 Commissioner-Aimee Kelley
290
291 VOTE
292
293
294
295 ATT
296 , a
297 Sig�� . . �
298 Maylee De .us, MPA, ' MC T • f'•a
299 City Cle k M
300 /ar
301 ;oyNToN BF th APPROVED AS TO FOR :
302 (Corporate Seal) ;k-ve•oRA•rF••.:9 hid&
/^303 f0:9e .sli on'J
304 p(�o; $ Shawna G. Lamb
305 �,1c�:•\N`�Rg2� 1 City Attorney
306 ''• •'
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