O00-68ORDINANCE NO. O 00-~'
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA AMENDING
LAND DEVELOPMENT REGULATIONS, CHAPTER 2,
SECTION 11.L. TO ALLOW THE REGULATIONS TO BE
MODIFIED TO ALLOW GAS SALES ANCILLARY TO A
PRINCIPLE USE IN A PCD, SUBJECT TO MINIMUM
ACREAGE AND OTHER SITE STANDARDS;
PROVIDING FOR CONFLICTS, SEVERABIL~TY,
CODIFICATION AND AN EFFECTIVE DATE,
WHEREAS, staff has recommended an amendment to the City's zoning
code to allow the regulations to be modified to allow gas sales ancillary to a
principle use in a PCD, subject to minimum acreage and other site standards;
and
WHEREAS, upon recommendation of staff, the City Commission of the
City of Boynton Beach has deemed it to be in the best interests of the citizens
and residents of the City of Boynton Beach to amend Chapter 2, Zoning, Section
11. L. Commercial Establishments Engaged in the Retail Sale of Gasoline and
Gasoline Products. to allow the regulations to be modified to allow gas sales
ancillary to a principle use in a PCD, subject to minimum acreage and other site
standards;
NOW THEREFORE, BE TT ORDAI'NED BY THE CTTY COMHISSt'ON
OF THE CI'TY OF BOYNTON BEACH, FLORZDA, THAT:
Section 1. The foregoing whereas clauses are true and correct and are
now ratified and confirmed by the City Commission.
Section 2. That Chapter 2. Zoning, Section 11. L.COMMERCIAL
ESTABLISHMENTS ENGAGED IN THE RETAIL SALE OF GASOLINE OR GASOLINE
PRODUCTS. is hereby amended by adding the words and figures in underlined
type and by deleting the words and figures in struck-through type, as follows:
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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 ....
2.Definitions. For the purpose of this ordinance, the following definitions shall
apply:
Ancillary Building or Structure. A building or structure incidental to, subordinate
to and subservient to the principal building or structure located on the premises.
Ancillary Use. A use incidental to, subordinate to and subservient to the principal
use of the premises.
Automotive service station. The use of a building...
~.3. Development standards which apply to all gasoline dispensing
establishments except those described under Subsection 4 of this Section L.
below:
a. Location
(1) All gasoline dispensing establishments not determined to be ancillary
uses as described in Subsection ?: below_shall be located only at the intersection
of any combination of the following roads as designated in the Boynton Beach
Comprehensive Plan: ...
g.,. Design Criteria.
(1) 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 dispen,,sing_ establishments shall conform to the community,
design plan.
(3) All gasoline dispensing establishments shall not install exterior site
~ng which exceeds photometric levels of 60-foot candles average
maintained. Liqht fixtures must be baffled, shielded, screened or
recessed to prevent visibility of the lit portion of the fixture from off
the premises.
4. As to all gasoline dispensing establishments that are an ancillary use located
or operated in or from an ancillary_ building or structure within a parcel or land of
not less than ten (10) acres within a "Planned Commercial District" (PCD)
governed by Section 6.F. of the znton Beach Zoning Code, and which
gasoline di establishment is by the person(s) or
~entity(s) th '
at ~,~ operates the pnnc~pal use located on such parcel of land;
and do not meet all of the requirements set forth under Subsection 3, above, the
foltowinq shall be applicable:
~\CH\MAIN\SHRDATA~,CA\ORD\LDR Chan~es\Gasoiine Est111
a. Setbacks. Setback requirements shall apply to all structures on the
portion of the property on which the gasoline dispensing establishment is
located, including the primary structure for the gasoline dispensing
establishment, or any accessory structures such as above ground storage
facilities.
(1) Front - 35 feet
(2) Side - 20 feet
(3) Rear - 20 feet
(4) Other:
.(a) No canopy shall be located less than twenty (20) feet
from any property line.
(.b) No gasoline pump island shall be located less than
thirty (30) feet from any property line.
less than two hundred (200) feet from any public right of
wa~.
No gasoline pump island or canopy shall be located
b. Buffers. Except for permitted driveway openings, a five (5) foot wide
landscaped buffer shall be located around that portion of the parcel on which the
gasoline dispensing establishment is located. When the buffer separates the
portion of the prope~ on which the gasoline-dispe~ establishment is located
from a residentially zoned property, the buffer shall contain a six (6) foot high
concrete wall landscaped on the exterior side by a continuous hedge no less than
thin-six_(36) inches high and planted twenty-f_our (24) inches on center at time
of planting; trees ten (10) to fifteen (15) feet in heiqht with three-inch caliper
every forty (40) feet; and groundcover. When the buffer separates the portion
of the property, on which the gasoline dispensing establishment is located from
other commercial property, the buffer shall not be required to contain a concrete
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(~ ~) No gasoline dispensing establishment shall be located
within two hundred (200) feet from a residential structure.
Distances for the purpose of this subsection shall be
measured from the closest gasoline pump island or canopy
of the ~qasoline dis~ establishment to the closest
boundary wall of the residential structure.
Landscaping shall be continuously maintained.
1. The wall shall be kept in good repair and appearance at all
be allowed where deemed
times.
2. Openings with gates may
appropriate by the City Commission.
Design Criteria.
1. All ~asoline dis
establishments
2. No asoline dis
be permitted to advertise product pricing on the site sign
identifying the primary tenant or occupant.
3. All clasoline dispensincl
!~ ~ $-t~J[-nc)~c inst
exceeds photometric levels of 60-foot candles average maintained.
L_U_ght fixtures must be baffled, shielded, screened, or recessed to
prevent visibility of the lit portion of the fixture from off the
premises,
d. Conditional Use. Gasoline dispensing establishments defined as
ancillary to a principal tenant of a planned commercial district are hereby
designated as a conditional use as that term is defined in Section 11.2.
Section 5. Each and every other provision of the Land Development
Regulations not herein specifically amended, shall remain in full force and effect
as originally adopted.
Section 6. All laws and ordinances applying to the City of Boynton
Beach in conflict with any provisions of this ordinance 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,
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such decision shall not affect the remainder of this Ordinance.
A'I-FEST:
Section 8.
Section 9.
FIRST READING this ~/' day of ,~/~ , 2000.
SECOND, FINAL READING AND PASSAGE this ~z-
, 2000.
Authority is hereby given to codify this Ordinance.
This Ordinance shall become effective immediately.
__ day of
M~yor ' ~ _..... ~ )
Co~,i~'sioner
Commissioner
LDR -
1~].0~0 Rev. 111130~) :
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