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O85-28ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING APPENDIX A - ZONING, OF THE CODE OF ORDINANCES, CITY OF BOYNTON BEACH, BY AMENDING SECTION 1. DEFINITION OF TERMS. TO PROVIDE A DEFINITION FOR "ANTIQUE STORE OR AUCTION HOUSE" AND TO AMEND THE EXISTING DEFINITIONS OF HOTEL APARTMENT AND MOTEL APARTMENT; BY FURTHER ~ENDING APPENDIX A-ZONING BY AMENDING SECTION 6. CO~ERCIAL DISTRICT REGULATIONS AND USE PROVISIONS. E. CENTRAL BUSINESS DISTRICT (CBD) BY SETTING FORTH THE PERMITTED AND CONDITIONAL USES THEREIN; BY ENUMERATING THE USES PROHIBITED; BY SETTING FORTH BUILDING AND SITE REGULATIONS; PROVIDING REGULATIONS FOR OFF-STREET PARKING AND LOADING SPACES; PROVIDING LANDSCAPE PROVISIONS; PROVIDING SIGN REGULATIONS; PROVIDING THAT EACH AND EVERY OTHER PROVISION OF APPENDIX A-ZONING SHALL REMAIN IN FULL FORCE AND EFFECT AS PREVIOUSLY ENACTED; PROVIDING AUTHORITY TO CODIFY; PROVIDING A CONFLICTS CLAUSE, A SEVERABILITY CLAUSE, AND AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. ~ NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BOYNTON BEACH, FLORIDA: Section 1: Appendix A-Zoning, Section 1. Definition of terms° of the Code of Ordinances, City of Boynton Beach, Florida, is hereby amended to add the following definition of "ANTIQUE STORE OR AUCTION HOUSE," which shall read as follows: ANTIQUE STORE OR AUCTION HOUSE. The use of a building for the retail sale or auction of objects of value such as quality restored antiques, art objects, jewelry, and the like, but not used merchandise generally. No outside storage or display shall be permitted in connection with ,such uses. Section 2: Appendix A-Zoning, Section 1. Definition of terms, of the Code of Ordinances, City of Boynton Beach, Florida, is further amended by amending the definitions of "HOTEL APARTMEN9 and "MOTEL APARTMENT" so that each shall now read as follows: HOTEL APARTMENT. Any hotel building containing a mixture of sleeping rooms and apartment suites for transient guests on~.y, and which shall not serve as the primary or permanent residence of the occupants. Buildings designed as hotel apartments shall have not more than one-third (1/3) of the total units devoted to apartment suites. Dining rooms and lounges w~½~ shall be permitted as a~ accessory uses. Hotel apartment suites shall have a minimum gro~s floor area of five-hundred (500) square feet. MOTEL APARTMENT. Any motel building containing a mixture of sleeping rooms and apartment suites for transient guests only, and which shall not serve as the primary or permanent residence of the occupants. Buildings designed as motel apartments shall have not more than one-third (1/3) of the total units devoted to apartment suites. Dining rooms and lounges w~½~ shall be permitted as a~ accessory uses. Motel apartment suites shall have a minimu~ gross flo~r area of' five-hu'ndred (500) square feet. Section 3: Appendix A-Zoning, Section 6. Commercial district regulations and use provisions. E. CBD - CENTRkL BUSINESS DISTRICT. of the COde of Ordinances, City of Boynton Beach, Florida, is hereby amended to read as follows: E. CBD - CENTRAL BUSINESS DISTRICT. The intent of this district is to provide a highly visible community focal point integrating business, retail, recreational, and residential activities. The uses allowed in the Central Business District are.intended to serve the entire community, create a high volume of pedestrian activity, provide business, recreation, and residential opportunities, and maximize the potential of the waterfront. 1. Permitted and conditional uses. Within the Central Business District, no building, structure, land, or water', or portion thereof, shall be used except for one or more of the following uses listed below. Uses specified below which are followed by an asterisk (*) shall be deemed to be conditional uses, which may be considered and granted in accordance with Section 11.2 of these zoning regulations, except that where such uses are located in the CBD, the Community Redevelopment Agency shall take the place of the Planning and Zoning Board in all proceedings. Furthermore, no part of the CBD shall be developed until a complete, detailed development proposal'has been submitted to the City and approved in accordance with the standards and procedures set forth in Chapter 19, Article IV. of the City of Boynton Beach Code of Ordinances. Such proposals shall generally follow the design guidelines established by the City for the CBD, and shall include water, sewer, storm drainage, traffic flow, parking, landscaping, lighting, and other data as required by Chapter 19, Article V, of the City of Boynton Beach Code of Ordinances. p. *Clubs, lodges, and fraternal organizations. q. *Public utilities and communications facilities. r. *Nursery, day care centers, and pre-school facilities. s. *Primary and secondary schools, excluding trade or industrial schools. t. *Colleges, seminaries, and universities, excluding trade or industrial schools. u. Non-degree instruction or tutoring, under 2,000 square feet of gross floor area, excluding trade or industrial instruction. v. *Non-degree instruction or tutoring, over 2,000 square feet of gross floor area, excluding trade or industrial instruction. w. *Public assembly halls, auditoriums, and community centers. RETAIL X. y. Department stores. Beer,liquor, and wine sales, excluding drive-through facilities. z. Antique stores and auction houses, selling only objects of value such as quality restored antiques, art objects, jewelry, and the like, but not used merchandise generally. aa. Art and ceramic stores. bb. Curio and gift shops, excluding sale of used merchandise. cc. Music and camera shops. dd. Furniture, home furnishings and accessories, appliances, and interior decorator shops. ee. Hardware, marine hardware, drapery, carpet, tile, paint and wallpaper stores, but excluding lumber-or building materials dealers, lawn and garden shops, glass, electrical, plumbing, heating supplies, and the like. ff. Clothing and clothing accessories stores, excluding sale of used merchandise. gg. Sundries, notions, and variety stores. hh. Art, craft, hobby, and sewing supplies. ii. Florist shops, including sale of house plants. jj. Bicycle shops. kk. Pet shops, excluding kennels or board of animals. 11. Office supplies and equipment. Book stores, news dealers, and tobacco shops. Sporting goods, game and toy stores. oo. Luggage stores. 4 EATING AND DRINKING a. Restaurant. al. *Restaurants with drive-in or drive-throUgh facilities when not in conflict with the public/private pedestrian system of the adopted redevelopment plan. b. Bars and cocktail lounges, excluding adult entertainment establishments. ENTERTAINMENT AND RECREATION c. Public parks and recreation facilities. d. Theaters and auditoriums, excluding drive-in theaters. e. Marinas, limited to the following uses: Mooring and docking of private pleasure craft; sale of fuels and lubricants; occupancy of private craft as living quarters, provided that such craft are connected to public sewer facilities; operation of drift and charter fishing boats and sightseeing boats; bait and tackle shops. In addition, other uses may be allowed at marinas in accordance with the list of Permitted and Conditional Uses for the CBD (Central Business District). f. *Private recreation and amusement facilities, including bowling alleys, gymnasiums, and health centers. HOTELS, MOTELS AND RESIDENTIAL g. Hotels and motels. h. *Multiple-family residential, time-sharing apartments, motel apartments, and hotel apartments. OFFICES AND FINANCIAL INSTITUTIONS i. Medical and dental offices and laboratories. j. Professional and business offices, excluding offices or clinics for drug or alcohol treatment or counseling, psychiatric treatment or counseling, or any other type of personal rehabilitation. k. Veterinary offices and clinics, excluding outdoor kennels, or keeping of animals for purposes other than treatment, and excluding on-site disposal of animals. 1. Financial institutions, without drive-up tellers. m. *Financial institutions, with drive-up tellers. PUBLIC AND QUASI-PUBLIC n. Government facilities, excluding uses which have extensive storage or maintenance facilities', or storage or maintenance as their principal use. o. Churches and other places of worship, including rectories and convents as an accessory use. pp. Jewelry and cosmetics stores. qq. Optical goods and hearing aids stores. rr. Pharmacies and drugstores. ss. Food and grocery stores, retail confectionaries and bakeries, ice cream parlors, and delicatessens, excluding drive-through facilities. tt. *Outdoor display or sales of merchandise, subject to the conditions set forth in Section 6.C.6. of these zoning regulations. uu. Sidewalk sales, subject to approval by the Community Redevelopment Agency. SERVICES vv. Personal service establishments. ww. Printing, engraving, fine art studios, photofinishing service, photographic studios and laboratories; film and recording studios. xx. *Funeral homes, excluding crematoriums. yy. Business machine service offices. zz. Coin operated laundromats, dry cleaning pick-up, tailors and dreSsmakers, alteration and repair of clothing or clothing accessories. TRANSPORTATION aaa. Public parking lots and garages. bbb. *Bus terminals and taxi stands. ccc. *Railroad passenger stations. ddd. *Automobile rental, limited to rental of new cars. eee. *Helistops. fff. *Private parking lots and garages, where operated as a principal use. 2. Uses prohibited: Within the Central Business District, no building, structure, land, or water, or any portion thereof, shall be used for any of the following uses: a. Any use not specifically allowed in accordance with Section 6.E.1. above. b. Any use specifically prohibited in Section 6.E.1. above. c. Adult entertainment establishments. d. Massage parlors. e. Laundry or dry cleaning plants; carpet or upholstery cleaning plant or service. f. OUtdoor storage of any type, other than rental ears in accordance with Section 6.E.1. g. Sale of used merchandise, except for art objects, jewelry, coins, quality restored antiques, and the like, which shall be subject to the provisions of Section 6.E.1. h. Pawnshops. i. Personal rehabilitation or clinics or offices, including counseling services for same, residential or non-residential; any residential use which requires professional supervision, counseling, medical or nursing care on the premises, or access to same. j. Automobile parts stores. k. Wholesale establishments or distribution. 1. Storage as a principal use, or any off-premises storage. m. Service, repair, sales or storage of vehicles. n. Repair shops, other than repair of clothing and clothing accessories, except that service and repair services shall be allowed as an accessory use to retail sales, provided that the floor area devoted to repair services shall not exceed 25% of the gross floor area. o. Temporary employment centers, operated on a walk-in basis. p. Rooming or boarding houses, adult congregate living facilities, nursing homes, or any other group housing. q. Dry storage of boats; boat dealers; service, repair, installation, building, rebuilding, or customizing of boats, engines, or marine equipment. r. Loading or unloading of railroad freight. 3. Building and site regulations. No building, structure, land, or water shall be erected, altered, enlarged, or used unless in conformance with the following regulations: Minimum lot frontage 75 feet Minimum lot depth 100 feet Miminum lot area 15,000 square feet Minimum front yard 8 feet at first floor level None, at all other floors. Miminum rear yard 20 feet abutting adjacent properties at first floor level. 8 feet abutting street or alley at first floor level. None, at all other floors. ~{inimum side yard None, for i~lterior lot lines. 8 feet abutting street or alley at first floor level. None, at all other floors. Miminumwaterfront yard Regardless of the orientati of the lot or parcel, an 8 foot setback shall be maintained frc~ a building or structure and any water. Waterfront setbacks shall be measured from the property where the body of water is under different 6 M~ximumlot coverage Maximnmstructure height Multiple-family dwelling unit density maximum Living area minimumper multiple-family dwelling unit Canopies and awnings Movable awnings over right-of-way Permanent structural projections frc~buildings Utility lines, mechanical equipment ownership than the subject property line, and measured from the mean high water line if the body of water is under~ ~the same ownership as the subject property. 75 per cent. 85 per cent for parking garages. 45 feet, not to exceed 4 stories. 10.8 dwelling units per Application of residential den~ityto a parcel shall not preclude or limit the development of the parcel for other uses which are lawful under the Central Business District provided such developments otherwise comply withthese zoning re~utations. 750 square feet Canopies or awnings for pedestrian entrance ways, with at least 9 feet clear, may project to the property line in any required yard. Movable awnings may extend not more than 8 feet over a sidewalk in an adjacent rig~t-of-way, provided such awnmng or any part thereof shall maintain a clear of 9 feet above the Such awnings extending over rights-of-way shall be or removed at the request of the City. Eaves, sills, belt course, cornices, pilasters, and other architectural gutters, chimneys, and mechanical equipment, may project not more than 3 into any required yard, provided that such are lOCated within the property lines and conform to established Central Business District design guidelines. Utility lines shall be installed underground, and any service equipment above ground shall be effectively screened. 4. Off-street parking and loading space. a. Parking and loading space requirements. Parking and loading space requirements and standards shall be as set forth in Sections ll.H., tl.I., and ll.J., of these zoning regulations, as modified by the provisions below. b. Parking space calculations. (1) Parking space requirements shall be calculated in accordance with Section ll.H.16, of these zoning regulations, except that in the CBD, the number of required parking spaces shall be reduced by thirty-five (35%) per cent. (2) Shared parking: When two or more adjacent properties combine their on-site parking and construct a shared parking facility with common access drives, the number of required parking spaces shall be reduced by an additional ten (10%) per cent. c. Location of parking spaces. (1) No surface parking shall be permitted in the front yard of any building along a major public pedestrian streetscape system as designated in the Community Redevelopment Plan. (2) Notwithstanding provisions of Section ll.I., in the CBD required parking spaces shall be owned or leased within eight hundred (800) feet of the building to be served, as measured along a pedestrian walkway. (3) Lease arrangements to provide required parking spaces shall be subject to approval by the Community Redevelopment Agency, after review and recommendation by the Technical Review Board. d. Special parking and loading space requirements. The Community Redevelopment Agency or City Council, consistent with the approval procedures set forth in Chapter 19, Article V, of the City of Boynton Beach Code of Ordinances, shall modify requirements for parking and loading spaces, and: (1) Require additional spaces if the requirements are found to be insufficient. (2) Require fewer spaces if quantitative evidence is provided substantiating that the requirements are excessive. The Community Redevelopment Agency or City Council shall take into account existing parking facilities in the vicinity of the proposed development. 5. Landscaping. Landscaping shall be provided as set forth in Chapter 7.5 of the City of Boynton Beach Code of Ordinances. 6. Signs. Signs shall conform to the applicable provisions set forth in Chapter 21 of the City of BoyntOn Beach Code of Ordinances. Section 4: Each and every other provision of Appendix A~Zoning of the Code of Ordinances, City of Boynton Beach, Florida, shall remain in full force and effect as previousl enacted. Section 5: Specific authority is hereby given to codify this Ordinance. Section 6: All ordinances or parts of ordinances in conflict herewith are hereby repealed. Section 7: Should any section or provision of this Ordinance or any portion thereof be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the remainder of this Ordinance. Section 8: This Ordinance shall become effective inmlediately upon passage. FIRST READING this ~/~day of ~ , 1985 SECOND READING and FINAL PASSAGE this /~ day of , 1985. CITY OF BOYNTON BEACH, FLORIDA VICE MAYOR ~/ COUNCIL-~BER ......... ATTEST: CITY CL~ (Seal) COUNCIL MEMBER