O92-06 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
ORDINANCE NO. ~92-6
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA, AMENDING THE
CODE OF ORDINANCES, APPENDIX A SECTION llL TO
ESTABLISH DEVELOPMENT STANDARDS FOR
COMMERCIAL ESTABLISHMENTS ENGAGED IN THE SALE
OF GASOLINE; PROVIDING FOR DEVELOPMENT
STANDARDS TO REGULATE LOCATION, MINIMUM PLOT
SIZE, MINIMUM STREET FRONTAGE, SETBACKS, AND
BUFFERS; PROVIDING FOR DESIGN CRITERIA;
PROVIDING FOR DESIGNATION OF SUCH COMMERCIAL
ESTABLISHMENTS AS CONDITIONAL USES REQUIRING
CONDITIONAL USE APPROVAL; PROVIDING FOR
MINIMUM DISTANCE REQUIREMENTS FROM
RESIDENTIAL STRUCTURES; PROVIDING FOR
CODIFICATION; PROVIDING FOR CONFLICTS,
PROVIDING FOR SEVERABILITY, AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the City Commission, has heretofore directed the
City Administrative staff and the Planning and Zoning Board to
study the effect of business establishments engaged
in the sale
of gasoline on the health, safety, and welfare of the general
community; and
WHEREAS, the City Commission has considered the
recommendations developed by the City administrative staff and
the Planning and Zoning Board with respect to development and
regulatory standards for business which engage in the sale of
Commission has considered the effect of
in the sale of gasoline and gasoline
with respect to health, safety, and
gasoline; and
WHEREAS, the City
businesses which engage
products to the public
welfare; and
WHEREAS, the City Commission has determined that it is in
the best interests of the citizens of Boynton Beach that
additional and new development standards be adopted to regulate
the retail sale of gasoline within the jurisdictional limits of
the City of Boynton Beach; and
CODING:
Words in s~ek-~h~gh type are deletion
existing law;
Words in underscore type are additions.
Page 1 of 6
from
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
WHEREAS, the City Commission has determined that the
development standards set forth herein best establish a balance
between the business interests of the community and the health,
safety, and welfare considerations to the general public; and
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section 1. The foregoing "WHEREAS" clauses are hereby
ratified and confirmed as being true and correct and are hereby
made a specific part of this Ordinance.
Section 2.
Subsection L, entitled Service Stations with
or without major repair, of Section 11 of Appendix A of the Code
of Ordinances of the City of Boynton Beach is hereby deleted in
its entirety and in its place the following new Subsection L is
adopted:
L. COMMERCIAL ESTABLISHMENTS ENGAGED IN THE RETAIL
SALE OF GASOLINE OR GASOLINE PRODUCTS.
1. PURPOSE
The 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
are intended to cover businesses of any type,
including convenience stores and automotive
service stations. The development Standards
established by this section would overlay the
development criteria stated in the zoning district
in which these uses are allowed. Businesses,
which engage in the sale of gasoline or other
motor fuels, shall require conditional use
approval.
DEFINITIONS For the purpose of this Ordinance,
the following definitions shall apply:
AUTOMOTIVE SERVICE STATION. The use of a building
or other structure, on a lot or parcel of land
which includes any retail sale of gasoline or
other motor fuels.
CONVENIENCE STORE. Any place of business that is
engaged in the retail sale of groceries, including
the sale of prepared foods, and gasoline and
CODING:
Words in s~ek-~h~8~h type are deletion from
existing law;
Words in underscore type are additions.
Page 2 of 6
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
49
50
51
52
53
54
56
57
58
59
60
61
62
63
services. The term "convenience store" does not
include a store which is solely or primarily a
restaurant.
GASOLINE DISPENSING ESTABLISHMENTS. Any
commercial enterprise, including automotive
service stations and convenience stores,
which engage in the sale of gasoline or other
motor fuels to the public.
GRADE SEPARATED INTERSECTIONS. Use of the
term Grade Separated Intersections shall mean
any intersection wherein one road passes over
another road by means of a bridge or an
overpass.
DEVELOPMENT STANDARDS
A. Location.
Ail Gasoline Dispensing Establishments
shall be located only at the
intersection of any combination of the
following roads as designated in the
Boynton Beach Comprehensive Plan:
county arterial,
state arterial,
local collector, or
county collector
Gasoline Dispensing Establishment shall
only be located at any intersections
consisting of roads of four lanes or
wider.
The maximum number of Gasoline
Dispensing Establishments located at any
intersection shall be two (2). Gasoline
Dispensing Establishments shall only be
located at diagonal corners of
permissible intersections.
B. Minimum Plot Size - 30,000 square feet.
Minimum Street Frontage 175 feet on each
frontage measured from the intersecting
right-of-way lines of the public streets.
D. Driveways
No driveway shall be located less than
110 feet from the intersecting right-of-
way lines of public streets.
Driveways shall be a minimum of 30 feet
and a maximum of 45 feet in width.
Driveways shall not be located less than
30 feet from any interior property line.
Driveways will be limited to one per
street frontage.
CODING:
Words in s~e~-~h~emuh type are deletion from
existing law;
Words in underscore type are additions.
Page 3 of 6
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
~ 31
I 32
~ 33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
49
50
51
52
53
54
55
56
57
58
59
60
61
62
63
CODING:
Setbacks - Setback requirements shall apply
to all structures on the property including
the primary structure, or any accessory
structures such as car washes or above-ground
storage facilities.
1. Front - 35 feet
2. Side - 20 feet
3. Rear - 20 feet
4. Other
No canopy shall be located less
than 20 feet from any property
line.
No gasoline pump island shall be
located less than 30 feet from any
property line.
The entrance to a building wherein motor
vehicles are washed by mechanical means
shall by 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 be a
permitted accessory use at Gasoline
Dispensing Establishments. Car washes
shall:
1. be fully automatic
recycle all water used in the car
washing process
Buffers
A ten-foot wide landscape buffer shall
be located along the street frontage.
This buffer shall contain one tree 10 to
15 feet in height with a minimum 3 inch
caliper every 40 feet, a continuous
hedge 24 inches high, 24 inches on
center at time of planting with
flowering groundcover.
2. Interior property lines.
A 10-foot wide landscaped buffer
shall be located on all interior
property lines. When the buffer
separates the property from a
residentially zoned property, the
buffer shall contain a six-foot
concrete wall landscaped on the
exterior side by a continuous hedge
no less than 36 inches high and
planted 24 inches on center at time
of planting; trees 10 to 15 feet in
Words in s~e~-%h~h type are deletion from
existing law;
Words in underscore type are additions.
Page 4 of 6
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
49
50
height with 3 inch caliper every 40
feet; and groundcover. When the
buffer separates the property from
other commercial property, the
buffer shall not be required to
contain a concrete wall.
Landscaping shall be continuously
maintained.
(1) The wall shall be kept in good
repair and appearance at all times.
(2) Openings with gates may be
allowed where deemed appropriate by
the City Commission.
Go
Design Criteria Ail gasoline dispensing
establishments located on designated out-parcels
to shopping centers, business centers, or other
planned commercial developments shall conform in
design to the approved design plan of the
principal center. Gasoline Dispensing
Establishments shall conform to the community
design plan.
Conditional Use - Gasoline Dispensing
Establishments are hereby designated as a
conditional use as that term is defined in Section
11.2 of Appendix A of the Code of Ordinances.
Distance Separation Requirements - No Gasoline
Dispensing Establishment shall be located within
200 lineal feet from a residential structure.
Distances for the purpose of this subsection shall
be measured from the boundary line of the parcel
on which the Gasoline Dispensing Establishment is
located to the closest boundary wall of the
residential structure.
Section 3.
That all ordinances or parts of ordinances in
conflict herewith be and the same are hereby repealed.
Section 4.
In the event any portion of this Ordinance is
deemed invalid, illegal or unconstitutional by any court of
competent jurisdiction, such decision shall in no manner effect
the remaining portions or sections of this Ordinance and shall
remain in full force and effect.
Section 5.
pordinance.
Authority is hereby granted to codify said
Section 6.
This ordinance shall become effective
immediately upon adoption by second reading.
FIRST READING this /8 day of ~, 1992.
CODING:
Words in s%~ek-~h~em~h type are deletion from
existing law;
Words in underscore type are additions.
Page 5 of 6
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27i
29i
30~
3i
32:
36
37
SECOND, FINAL
~//~// , 1992.
READING
and PASSAGE this J day of
CITY OF BOYNTON BEACH, FLORIDA
ATTEST:
CITY CLA~RK
(CORPORATE SEAL)
Mayor
Vice Mayor
JAC:aw
[A:BBords.servsta.doc]
CODING:
Words in s~ek-eh~eugh type are deletion from
existing law;
Words in underscore type are additions.
Page 6 of 6