Loading...
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. 14 15 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. 5 S:\CA\Ordinances\LDR Changes\LDR Amendment (Ch 1,Ch 3 And Ch 4)(Commercial Kitchens)-Ordinance.Docx 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. 6 S:\CA\OIdinances\LDR Changes\LDR Amendment (Ch 1,Ch 3 And Ch 4)(Commercial Kitchens)-Ordinance.Docx 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.... 7 S:\CA\Ordinances\LDR Changes\LDR Amendment (Ch 1,Ch 3 And Ch 4)(Commercial Kitchens)-Ordinance.Docx 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 8 S:\CA\Ordinances\LDR Changes\LDR Amendment (Ch 1,Ch 3 And Ch 4)(Commercial Kitchens)-Ordinance.Docx 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 9 S:\CA\Ordinances\LDR Changes\LDR Amendment (Ch 1,Ch 3 And Ch 4)(Commercial Kitchens)-Ordinance.Docx 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. 10 S:\CA\Ordinances\LDR Changes\LDR Amendment (Ch 1,Ch 3 And Ch 4)(Commercial Kitchens)-Ordinance.Docx 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 11 S:\CA\Ordinances\LDR Changes\LDR Amendment (Ch 1,Ch 3 And Ch 4)(Commercial Kitchens)-Ordinance.Docx 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. 12 S:\CA\Ordinances\LDR Changes\LDR Amendment (Ch 1,Ch 3 And Ch 4)(Commercial Kitchens)-Ordinance.Docx 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 ''• •' P FLO , ....It ..• �\� 13 S:\CA\Ordinances LDR Changes\LDR Amendment (Ch 1,Ch 3 And Ch 4)(Commercial Kitchens)-Ordinance.Docx