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O83-23ORDINANCE 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, FLORIDA TO AMEND SECTION ONE, DEFINITION OF TERMS, TO ADD A DEFINITION OF "ARTERIAL STREET, COLLECTOR STREET, EXPRESSWAY, AND LOCAL STREET" AND TO AMEND THE DEFINITIONS OF "AUTOMOTIVE SERVICE STATIONS AND LOT FRONTAGE;" TO AMEND SECTION SIX B, "C-2 NEIGHBORHOOD COMMERCIAL DISTRICT" TO ADD AN ADDITIONAL CONDITIONAL USE PERMITTED, BEING SERVICE STATIONS WITHOUT 5~JOR REPAIRS; TO AMEND SECTION il,SUPPLEMENTAL REGULATIONS, SUB- SECTION L, TO SPECIFY THE APPLICABILITY OF SAID SUBSECTION; TO AMEND SECTION 11.1 TO ADD SUBSECTION H SPECIFYING THE STATUS OF EXISTING USES REQUIRING CONDITIONAL USE APPROVAL, PROVIDING A CONFLICTS CLAUSE, A SEVERABILITY CLAUSE, AUTHORITY TO CODIFY, 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 by adding the following additional terms: ARTERIAL STREET. A street shown or described as such accordin~ to the current or most recent Functional Classification contained in the City of Boynton Beach Comprehensive Plan, as adopted and amended. COLLECTOR STREET. A street shown or described as such according to th.e current or most recent Functional Classification contained in the City of Boynton Beach Comprehensive Plan, as adopted and amended. EXPRESSWAY. A street shown or described as such accordinq to the current or most recent Functional Classification contained in the City of Boynton Beach Comprehensive Plan, as adopted and amended. LOCAL STREET. A street shown or described as suCh according to the current or most recent Functional Classification con~-~ined in the City of Boynton Beach Cq~mprehensive Plan, as adopted and amended. Section 2. Appendix A - Zoning, Section 1. Definition of Terms of the Code of Ordinances, City of Boynton Beach, Florida, is hereby further amended so that the definitions of "Automotive Service Stations" and "Lot Frontage" are amended to read as follows: AUTOMOTIVE SERVICE STATIONS. The use of a building or other structure, on a lot or parcel of land which includes any re~-~it sale of gasoline or other motor fuels, or accessory uses _ sale of lubricants, accessories, or supplies, the lubri- cation of motor vehicles, or the minor adjustment or repair of motor vehicles (see definitions: "minor repairs"). No vehicles shall be stored nor major repairs done on the premises. A public parking lot or public parking garage shall not be'a permitted accessory use to an auto- motive service station. LOT FRONTAGE. The property line adjacent to a public o__r private street; it is also the front property line. Section 3. Each and every other definition contained in Appendix A - Zoning, Section 1. Definition of Terms, not amended hereby shall remain in full force and effect as previously enacted. Section 4. Appendix A - Zoning, Section 6 B. C-2 Neighborhood Commercial District, of the Code of Ordinances, City of Boynton Beach, Florida., is hereby amended to add thereto the following additional us~ permitted, as well as to add the following sub- section concerning conditional uses allowed: 1. Uses Permitted. t. Service stations without major repairs, and excludin~ car wash (see definitions: ~Major Repairs"), with at least one (1) frontag~ on a ~our-lane arterial ro~d, and erected in accordance ~ supplemental requlations, Section ll-L.* IA. Conditional Uses Allowed. Those uses specified above which Dre followed by an asterisk (*) shall be deemed to be conditional uses, which may be considered and _qranted in accordance with the procedures set forth-in Section 11.2 of Appendix A of the Code of Ordinances of the City of Boynton Beach, Florida. section 5. Each and' every other provision of Appendix A - Zoning, Section 6 B. C-2 Neighborhood Commercial District, not amended hereby shall remain in full force and effect as previously enacted Section 6. Appendix ~ - Zoning, Section 11. Supplemental Regulations. Subsection L. Service Stations With or Without Major Repairs, of the Code of Ordinances, City of Boynton Beach, Florida, is hereby amended to add the following provision: ne Service Stations With or Without Major Repairs. The following regulations shall apply to all service stations constructed on or after January i, 1983. Where an existing service station is modified in any way, the building official, technical review board, planning and zoning board, and/or City Council may impose any or all of the following regulations where doing so would create significant benefits to the public safety and welfare, and where the standards containe~ in t~e ~ollowlng regu- lations coulG De reasonaDly accommodated on the existing site. Section 7. Appendix A - Zoning, Section 11. Supplemental Regu- lations. Subsection L. 1-8 inclusive, shall remain in full force and effect as previously enacted. Section 8. Appendix A - Zoning, Section 11.1 Nonconforming Uses and Structures, of the Code of Ordinances, City of Boynton Beach, Florida, is hereby amended to add the following Subsection H: H. Status of Existing .Uses Requiring -- Conditional Use Approval. Any use or structure in lawful existence at the time o~ adoption or amendment of these zoning regulations which would thereafter require a conditional use approval under its provisions shall be construed to be a nonconforming use. Such uses or structures may become conforming upon application, review, an~ approval as a conditional use according to the procedures and standards set ~ort~ in these zoning regulations ~or conditional use approvals. However, if approval of a conditional use is not granted for such use or structure, ~then it shall continue to be construed as nonconforming. Any enlargement, increase, eRtension, or intensification of a use or structure whlc~ would require conditional use approval shall require such approval as if it were a new use or structure. Any alteration or movement of such use which the building official finds does not enlarge, increase, extend, or intensify the use, shall not require conditional use approval, but shall conform to all other apptlcableprovls~ons contained in the Boynton Beac~ Code o~ Ordinances. Section 9. Appendix A - Zoning, Section 11.1 Nonconforming Uses and Structures. Subsections A through G, inclusive, shall remain in full force and effect as previously enacted. Section 10. All Ordinances or parts of Ordinances in conflict herewith are hereby repealed. Section 11. Should any section or provision of this Ordinance or a portion thereof be declared by a court of competent juris- diction to be invalid, such decision shall not affect the remainder of this Ordinance. Section 12. Specific authority is hereby granted to codify this Ordinance. passage. Section 13. This Ordinance shall take effect immediately upon FIRST READING THIS day of ~~ 1983. SECOND, FINAL READING and PASSAGE this ~O~_~ , 1983. day of CITY OF BOYNTON BEACH, FLORIDA. (Corp. Seal) MAYOR VICE 2~ROR ~ ~ffou~ ~i~ Me mb~e r~ Cou~cll Member Council Member