04-079
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1 ORDINANCE NO. 04-079
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3 AN ORDINANCE OF THE CITY OF BOYNTON
4 BEACH, FLORIDA AMENDING THE LAND
5 DEVELOPMENT REGULATIONS OF THE CITY OF
6 BOYNTON BEACH, REVISING CHAPTER 1,
7 "GENERAL PROVISIONS, " ARTICLE II,
8 DEFINITIONS," TO PROVIDE FOR A DEFINITION
9 OF PASSENGER CAR RENTAL; REVISING
10 CHAPTER 2, "ZONING," SECTION 6
11 "COMMERCIAL DISTRICT REGULATIONS AND
12 USE PROVISIONS," TO PROVIDE FOR THE
13 ADDITION OF CAR RENTAL BUSINESSES AS AN
14 ACCESSORY USE TO MINOR AUTOMOTIVE
15 REPAIR USES ON SITES LARGER THAN 75 ACRES;
16 PROVIDING FOR CONFLICT, SEVERABILITY,
17 CODIFICATION, AND AN EFFECTIVE DATE.
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20 WHEREAS, staff has proposed amendments to the Land Development Regulations
21 intended to permit car rental uses as an accessory use to automobile repair uses on sites
22 larger than 75 acres and which are located in a Community Commercial (C-3) zoning
23 district, subject to specified criteria and review as a conditional use; and
24 WHEREAS, the City of Boynton Beach Planning and Development Board and the
25 Community Redevelopment Agency Board recommend the approval of an ordinance
26 amending the C-3 District regulations to permit passenger car rental as an accessory use to
27 auto repair on properties larger than 75 acres in size; and
28 WHEREAS, the City Commission, upon recommendation of staff, the Planning
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29 and Development Board, and the Community Redevelopment Agency Board, does hereby
30 deem it to be appropriate and in the best interests of the residents of the City of Boynton
31 Beach to approve the amendments to the Code as hereinafter set forth.
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1 NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
2 THE CITY OF BOYNTON BEACH, FLORIDA:
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4 Section 1. The foregoing "WHEREAS" clauses are true and correct and hereby
5 ratified and confirmed by the City Commission.
6 Section 2. Chapter 1, "General Provisions," Article II, "Definitions" of the Land
7 Development Regulations, Part III of the Code of Ordinances is amended as follows:
8 ARTICLE II. DEFINITIONS
9 The words, terms and phrases herein shall be defined
10 as follows unless otherwise specified in this ordinance. The
11 word "shall" is mandatory, the word "should" is preferred and
12 the word "may" is permissive. The singular shall include the
13 plural and the present tense shall include the future tense and
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14 I Vice versa.
15 ! .. .
16 AUTOMOBILE RENTAL - see "Passenger Car Rental."
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18 I PASSENGER CAR RENTAL - Establishments primarily
19 engaged in renting passenger new or old automobiles without
20 drivers on a short-term basis. The term "Passenger Car
21 Rental" excludes those establishments engaged in passenger
22 car retail leasing and taxi and limousine services.
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24 ...
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27 Section 3. Chapter 2, "Zoning," Section 6, "Commercial district regulations and
28 use provisions" of the Land Development Regulations, Part III of the Code of Ordinances is
29 amended as follows:
30 I Sec. 6. Commercial district regulations and use provisions.
31 .. .
32 C. C-3 COMMUNITY COMMERCIAL DISTRICT.
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1 These district regulations are to encourage the development of
2 appropriate intensive retail commercial facilities providing a
3 wide range of goods and servIces, located centrally and
4 accommodating three (3) or four (4) neighborhoods and located
5 to at least one major thoroughfare.
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7 1. Uses permitted. Within any C-3 community
8 commercial district, no building, structure, land or water shall be
9 used except for one (1) or more of the following uses:
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11 ...
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13 ceo Repair of motor vehicles or tire sales and
14 service, limited to minor repairs (see definitions "minor repairs"),
15 and including car washes as an accessory use, are as follows:
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17 (1) This use is not permitted on sites
18 less than five (5) acres in size.
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20 (2) On sites greater than five (5) acres
21 and less than seventy-five (75) acres, all such uses shall be
22 located in either a principal building of a shopping center or in a
23 subordinate stand-alone building and/or outparcel within a
24 commercial Master Plan, provided that the subordinate stand-
25 alone building and/or outparcel within a commercial Master Plan
26 is not located between the principal building and an adjoining
27 right-of-way or between the principal building and abutting
28 residentially zoned property.
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30 (3) On sites greater than seventy-five
3] (75) acres, all such uses will be allowed to be located in a
32 separate building in a shopping center. * Passenger Car Rental is
33 allowed as an accessory use within said building subi ect to the
34 following additional conditions:
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36 (i) The customer service area
37 shall be located within said building.
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39 (ii) No more than twelve (12)
40 automobiles shall be stored on-site for the purpose of rental. and
41 such automobiles shall be stored in marked stalls.
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43 (iii) No fueling or re-fueling of
44 automobiles shall be permitted on-site
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1 For the purposes of this section, motor vehicles shall mean
2 only motorcycles, mopeds, passenger cars (a motor vehicle with motive
3 power, except a multipurpose passenger vehicle or motorcycle, designed for
4 carrying ten (10) persons or less), or multipurpose passenger vehicles (moor
5 vehicle with motive power designed to carry ten (10) persons of less which
6 is constructed either on a truck chassis or with special features for occasional
7 off-road operation). All repair and service of vehicles shall be done within
8 an enclosed building.
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10 ...
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12 Section 4. Conflicting Ordinances.
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14 All prior ordinances or resolutions or parts thereof in conflict herewith are hereby repealed to
15 the extent of such conflict.
16 Section 5. Severability.
17 If any section, sentence, clause, or phrase of this Ordinance is held to be invalid or
18 unconstitutional by any court of competent jurisdiction, then said holding shall in no way
19 affect the validity of the remaining portions ofthis Ordinance.
20 Section 6. Inclusion in Code.
21 It is the intention of the City Commission of the CITY OF BOYNTON BEACH,
22 Florida, that the provisions of this Ordinance shall become and be made a part of the CITY
23 OF BOYNTON BEACH Code of Ordinances; and that the sections of this ordinance may
24 be renumbered or relettered and the word "ordinance" may be changed to "section,"
25 "article," or such other appropriate word or phrase in order to accomplish such intentions.
26 Section 7. Effective Date.
27 This Ordinance shall become effective immediately after adoption by the City
28 Commission.
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2 FIRST READING this!:L day of OC,Tobe.t-,2004.
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4 SECOND, FINAL READING AND PASSAGE this ~ day of Oc:r ~ , 2004.
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7 CITY OF BOYNTON BEACH, FLORIDA
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22 ATTEST:
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