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O00-58 ORDINANCE NO. 0 00-~4'~¢ AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA AMENDING LAND DEVELOPMENT REGULATIONS, CHAPTER 2, SECTION IZ.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, SEVERABILII'Y, 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 land 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 I'T ORDATNED BY THE CI'TY COMMTSSI'ON OF THE CI'TY OF BOYNTON BEACH, FLORI'DA, 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: 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 buildinq or structure incidental to~ subordinate to and subservient to the principal building or structure located on the premises. Ancillan/Use. A use incidental to, subordinate to and subservient to the ~ipal use of the premises. Automotive service station. The use of a building... ~.3. Development standards which apply to all gasoline dispensing ~:stablishments except those described under Subsection 4 of this Section I. below: Location (1) All gasoline dispensing establishments not determined to be ancillary ~ses as described in Subsection ~ below, shall be located only at the intersection ~f any combination of the following roads as designated in the Boynton Beach Comprehensive Plan: ... 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_03_ acres within a "Planned Commercial District" ~.PCD) governed by Section 6.F. of the City of Boynton Beach Zoninq Code, and which gasoline dispensing establishment is owned and operated by the person(s) or en__~(s) that owns and _operates the principal use located on such parcel of land; and do not meet all of the requirements set forth under Subsection 3, above, the, following shall be applicable: a. Setbacks. Setback requirements shall apply to all structures on the )ortion of the property on which the gasoline dispensing establishment is ocated, including the prima_~ structure for the gasoline dispensing establishment, 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 twenty. (20) fee_t from any property line. (b) No gasoline ~ island shall be located less than thirty (30) feet from any property line. ,(g) The entrance to a building wherein motor vehicles are washed by a mechanical means shall be 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: 1. be fully automatic; 2. recycle all water used in the car washinq process. (d) No gasoline pump island or canopy shall be located less than two hundred (200) feet from any public right of wa~ (e) 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 .gasoline dispensing establishment to the closest boundary wall of the residential structure. b. Buffers. Except for permitted driveway openings, ~5) foot wide landscaped buffer shall be located around that portion of the parcel of which the gasoline dispensing establishment is located. When the buffer separates the op_0_~o_n of the properbv on which the gasoline-dispensi_p__~ establishment is located from a residentiaily Z~ned property, the buffer shall contain a six (6) foot high concrete wall landscaped on the exterior side by a continuous hedge no less than _thirty-six (36) inches high and planted twenty-four (24) inches on center at time of planting; trees ten (:~0) to fifteen (15) feet in height 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 wall. Landscaping shall be continuously maintained. 1. The wall shall be kept..in good repair and appearance at all times. 2. Openin_~g~ with gates may be allowed where deemed appropriate by the City Commission. c. Design Criteria. 1. All gasoline dispensing establishments defined as ancillary to a principal tenant of a planned commercial district, shall conform in design to the approved desi_qn plan of the principal tenant, 2, No gasoline dispensing establishments defined as ancillary to a principal tenant shall be permitted to advertise product pricing on the site sig~ identifying the ~ima~ tenant or occupant. 3. All gasoline dispensing establishments defined as ancillary to _a principal tenant of a planned commercial district shall not install exterior site lighting which exceeds photometric levels of 60-foot candles average maintained, 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 1 e. Distance Separation Requirements. No gasoline dispensing establishment shall be located within two hundred (200) lineal 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 gasoline dispensing establishment to the closest boundary wall of the residential structure. Section 5. Each and every other provision of the Land Development Regulations not herein specifically amended, shall remain in full force and effect 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 thereof be declared by a court of competent jurisdiction to be invalid, ~uch decision shall not affect the remainder of this Ordinance. Section 8. Section 9. FTRST READ:lNG this Authority is hereby given to codify this Ordinance. This Ordinance shall become effective immediately. . day of October, 2000. SECOND, FINAL READING AND PASSAGE this ! "/ day of October, 2000. All'EST: CTI-Y OF~/~ OYNTO~ BEA~I-I, FLORIDA Vice Mayor Mayor Pro/em