08-020
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1 ORDINANCE NO. 08- O~O
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3 AN ORDINANCE OF THE CITY OF BOYNTON BEACH,
4 FLORIDA AMENDING LAND DEVELOPMENT
5 REGULATIONS, CHAPTER 2 "ZONING", BY CREATING
6 A NEW SECTION B, ENTITLED "ADDITIONAL USES
7 AND REGULATIONS ON COLLECTOR OR ARTERIAL
8 ROADS"; PROVIDING FOR CONFLICTS,
9 SEVERABILITY, CODIFICATION AND AN EFFECTIVE
10 DATE.
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12 WHEREAS, planning studies have been prepared and recommend the preservation of
13 industrial lands, preventing the impacts of industrial uses on roadway corridors, and
14 accommodating flex space;
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16 WHEREAS, the Director of Planning and Zoning and the Planning and Development
17 Board recommend that implementation of said planning studies be initiated with the addition of
18 use provisions and regulations for the M -1 zoning district applicable to properties that abut an
19 arterial road; and
20 WHEREAS, the City Commission has considered the recommendations and has
21 determined and finds that the inclusion of additional uses and regulations for the M-l zoning
22 district applicable to properties which abut arterial roads will benefit the M-l zoning district
23 and will not adversely impact adjacent communities.
24 NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
25 THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
26 Section 1. The foregoing whereas clauses are true and correct and are now ratified
27 and confirmed by the City Commission.
28 Section 2. Chapter 2. "Zoning", Section 8 of the Land Development Regulations of
29 the City of Boynton Beach Code of Ordinances is hereby amended by creating a new section B
30 entitled "Corridor uses and regulations" as follows:
31 B. Corridor uses and regulations. Within any M-l industrial district located along streets
32 designated as "arterial" roadways on the Functional Classification of Roadways Map, the following use
33 provisions, regulations and standards shall apply.
34 1. Allowed commercial and retail uses. The uses listed in the following table are allowed,
35 provided that they are located in a multi-tenant building; they do not exceed 5,000 square feet in area
36 (except convenience stores and take-out restaurants are limited to a maximum of 2,500 square feet);
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I seats provided to accommodate the on-site consumption of foods and beverages shall be limited to a
2 maximum of 12, including any outdoor seating; professional and business offices are restricted to upper
3 floors; they exclude any drive-through, drive-up or drive-in facilities; and provided the availability of
4 parking in accordance with Chapter 2. Zoning, Section 11.h.16. Furthermore, the sale of used
5 merchandise is only allowed as accessory to the sale of new merchandise.
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Commercial, Retail and Office Uses
Automotive oarts store Hardware store
Automatic car wash (oolishinll waxinll detailinll)' Marine accessories
Automotive/vehicle reoair minor Martial arts llVmnastics and dance studio
Blind shutter shade and awninQ fabrication7 Pet care (l!roominl!)
Convenience store Pet care (boardinl! & daycare)*
ConyinQ, nrintinl!, and sil2:n desil2:n Pet care (veterinarian services)
Day care Postal/mail center
Drv cleaner Professional and business offices
Electronics store Restaurant, take-out
Florist SwimminlZ 0001 sUDolies & accessorY c1eaninl2:
Furniture & home furnishinl2:
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7 lndicatt:s conditional use approval rt:quirt:d and minimum st:oaration 01'300 fed from residt:ntial-zoning district.
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9 ") Allowed industrial uses. The following uses are allowed, provided that they contain a
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10 showroom component for the promotion of products or services consisting of at least 250 square feet (a
i] minimum of I % of the tloor area is required for uses greater than 25,000 total square feet); seats
12 provided to accommodate the on-site consumption of foods and beverages shall be limited to a
13 maximum of 12, including any outdoor seating; they exclude any drive-through, drive-up or drive-in
14 facilities: there is no outdoor storage of equipment, materials or merchandise; and the separation
15 requirement of Section 8(A)(2) be met for those uses or processes described therein.
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I Industrial Uses with Commercial Comnonent
I Man ufacturin llIF abrication/Process i nil:
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I Artist and craftsman shoos Medical eauioment & sunolies
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Bakery commercial Metal, fabricated oroducts
I BeveraQe mfg./ bottling Motor vehicle seatinll & interior trim
I Confections, commercial Pharmaceutical & Medicine
I --
Dairv nroducts mfl!. Plastic oroducts
I Food nrocessinl2: or oackaginlZ (inc\udinlZ meats) Rubber oroducts
I Footwear & other leather oroducts Sailmakinll and canvas !loods
I Frozen food (includinlZ ice cream & desserts) Soao. toiletrv & cosmetics
I Furniture oroducts Textile oroducts
I Glass nroducts Wood oroducts
I Household voods (see 8.A.1.a. I 9)
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I Commercial Services:
I Data nrocessinll services** Household l!oods (see 8.A.l.b.2) includinl! retail
I Furniture\unholsterv coverinQ & reoairin!l Publishin!l & commercial nrintinl2:
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I S toraQe/D i stri b uti on/Wh 0 I esal e:
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i il Buildin Ornamental china fine earthenware &
I Heatin Pum s enerators etc. see 8.A. 1.c.6
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I Other:
I Recording and motion picture studios Research & -Develo ment
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I Indicates conditional use if involving treatmt:nt. storage. or processing of human or animal bodies or parts.
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2 Indicatt:s ust:s that art: not requirt:d to have showroom soact:.
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4 3. Prohibited uses. Notwithstanding any other provision of Section 8A, all uses not
5 specifically listed in sub-section B.l and B.2 are hereby designated prohibited uses on
6 properties which abut an arterial roads.
7 4. Exemptions. Notwithstanding any provision of subsection A or B of Section 8, those
8 self-storage and car wash businesses approved and operational at the effective date of these
9 regulations, are exempt from the restrictions of this section.
]0 Section 3. Each and every other provision of the Land Development Regulations
] ] not herein specifically amended, shall remain in full force and effect as originally adopted.
12 Section 4. All laws and ordinances applying to the City of Boynton Beach in
13 conflict with any provisions of this ordinance are hereby repealed.
14 Section 5. Should any section or provision of this Ordinance or any portion thereof
15 be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the
16 remainder of this Ordinance.
]7 Section 6. Authority is hereby given to codify this Ordinance.
18 Section 7. This Ordinance shall become effective immediately.
19 FIRST READING this _ 5 day of JAU{k.:-sI-.-, 2008.
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1 SECOND, FINAL READING AND PASSAGE this .JL day of Au.&\.~T, 2008.
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3 CITY OF BOYNTON BEACH, FLORIDA
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19 ATTEST:
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