O80-30ORDINANCE NO. 80- ~
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF BOYNTON BEACH, FLORIDA, AMENDING
APPENDIX A (ZONING REGULATIONS) OF THE
CODE OF THE CITY OF BOYNTON BEACH, FLORIDA
AS AMENDED BY PROVIDING FOR A DEFINITION
OF THE TE~ "ADULT ENTERTAINMENT ESTABLISH-
MENT" RESTRICTING SUCH ESTABLIShmENTS TO
C-4 GENERAL COM~ERCIAL DISTRICTS OF 'THE
CITY AND PLACING SPECIAL RESTRICTIONS ON
SAID USAGE; FURTHER REDEFINING THE TEP~
MARINA AND PROVIDING DEFINITIONS FOR THE
TERM RESTAURANT, SHOPPING CENTER, AUTO
PARTS SALES (RETAIL); REPEALING ALL
ORDINANCES IN CONFLICT HEREWITH; PROVIDING
A SAVINGS CLAUSE; AUTHORITY TO CODIFY; AN
EFFECTIVE DATE; AND FOR OTHER PURPOSES.
NOW, THEREFORE, BE AND IT IS HEREBY ORDAINED BY THE CITY
COUNCIL OF THE CITY OF BOYNTON BEACH, FLORIDA:
Section 1. Appendix A (Zoning Regulations) of the Codified
Ordinances of the City of Boynton Beach, Section 1 is hereby
amended to read as follows:
Section 1. Definitions of Terms.
General definitions. Ail words used in the present tense
shall include the future tense; all words in the singular number
shall include the plural number and all words in the plural number
shall include the singular number unless the natural construction
indicates otherwise; the words "used for" shall include the mean-
ing "designed for"; the word structure shall include the word
"building"; the word "lot" shall include the words "plot and tract"
and the word "shall" is mandatory.
Definitions. For purposes of these regulations, the follow
ing terms or words shall be used in interpretation of the purpose
and intent:
Abutting propert~ See "contiguous."
Access. The principal means of ingress and egress of
abutting property from a publicly dedicated right-of-way.
Accessory building or structure. A detached, subordinate
building, the use of which is clearly incidental and related to
that of the principal building or use of the land, and which is
located on the same lot as that of the principal building or use.
Accessory use. A use that is customarily incidental to
the principal use and so necessary or commonly to be expected that
it cannot be supposed that these regulations intended to prevent
it. Accessory uses, unless otherwise provided, shall be located
on the same premises as the principal use.
Adult Entertainment Establishment. A commercial
enterprise which predominately limits admission to "adults only"
owing to the sexual nature of its merchandise or entertainment.
Such establishments may include but not be limited to adult book
stores, adult theatres, adult lounges, adult health studios,
adult motels or hotels with nude, bottomless or topless enter-
tainment or employees.
Alley. A right-of-way which affords only a secondary
means of access to property abutting thereon and is not intended
or used for general traffic circulation.
Alterations, building. Any change in the structure
~hich will increase the number of useable units, the floor area,
or height of the structure.
Apartment. A room or a suit of rooms occupied, or
which is intended or designed to be occupied, as the home or
residence of one (1) individual, family or household, for house-
keeping purposes.
Apartment, efficiency. A dwelling unit consisting of
one (1) room, other than a bathroom, and providing cooking
facilities.
Auto Parts Sales (retail). Sale of auto parts from a
commercial' establishment for installation and use off-premises.
Automotive service stations. A building or other
structure on a tract of land used exclusively for retail sale of
gasoline or other motor fuels and for any accessory uses such
as the sale of lubricants, accessories, supplies, the lubrication
of motor vehicles, the minor adjustment or repair of motor vehiclea
(See definition; "minor repairs.") No vehicles shall be stored
nor major mechanical repairs done on the lot. A public parking
lot or public parking garage is not a permitted accessory use.
Boarding and rooming house. A building other than a
hotel or motel providing lodging and where meals are or are not
served for compensation.
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Boatel. Yachtel.
Building. Any structure constructed or built for the
support, enclosure, shelter, or protection of chattels, persons,
animals or the like. The word "building" includes the word
"structure" and shall include anything constructed or erected
which requires permanent location on the ground or is attached
to anything having a permanent location on the ground and shall
include, but not be limited to, such structures as homes, hotels,
motels, apartments, stores, service stations, radio towers, bill-
boards, cooling towers, tanks, smokestacks, grain elevators,
and silos. Such terms shall be construed as if followed by the
phrase, "or part thereof".
Building area. The portion of a lot remaining after
the required setbacks have been provided. Buildings may be placed
in any part of the building area, but limitations on the percen-
tage of the lot which may be covered by buildings may require open
space within the building area.
Building official. The official in charge of the
building department, or his authorized representative charged
with administration and enforcement of the building and zoning
codes for the City of Boynton Beach.
Building, principal. A building in which is conducted
the main or principal use of the lot on which said building is
situated.
Building setback l~e. A line delineating the minimum
allowable distance between the property line and the building.
Building site. A portion or parcel of land considered
as a unit, devoted to a certain use or occupied by a building or
group of buildings that are united by a common interest or use,
and the customary accessories and open spaces belonging to the
same.
Business office. Any commercial activity primarily
conducted in an office, not involving the sale of goods or com-
modities available in an office and not dispensing personal ser-
vices, and including such businesses as real estate broker,
insurance offices, accountants, credit reporting agemcies, tele-
phone answering services, or any similar uses.
Car wash (automatic or self-service). A building or
area which provides facilities for washing and cleaning motor
vehicles, which may use production line methods with a conveyor,
blower, or other mechanical devices, and which may employ some
hand labor.
Carport. A roofed area open on one (1), two (2) or
three (3) sides and attached to the main building, for the storage
of one (1) or more vehicles.
Centerline. A line midway between the right-of-way
lines or the surveyed and prescribed centerline established by the
City Engineer which may or may not be the line midway between the
existing or proposed right-of-way lines.
Certificate of occupancy. A statement signed by the
city building official setting forth that a building or structure
legally complies with the CitY of Boynton Beach Building and Zonin
Codes and that the same may be used for the purposes stated t
Clinic. An establishment where patients, who are not
lodged overnight except for observation or emergency treatment,
are admitted for examination and treatment by one (1) person or
group of persons practicing any form of healing or health build-
ing services to individuals, whether such persons be medical
doctors, chiropractors, osteopaths, chiropodists, naturopaths,
optometrists, dentists, veterinarians, or any such profession, the
practice of which is lawful in the State of Florida.
Club. Buildings and facilities owned and opemated by
a corPoration or association of persons for social or recrea-
tional purposes but not operated primarily for a profit or to
render a service which is customarily carried on as a business.
Completely enclosed. A building separated on all side
from the adjacent open area, or from other buildings or other
structures, by a permanent roof and by exterior walls or party
walls, pierced only by windows or entrances or exit doors normally
provided for the accommodation of persons, goods, or vehicles.
Contiguous. Lands are contiguous if they adjoin each
other or if separated only by streets, ways, easements, pipelines,
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in the size of any structure, or an increase in that portion of a
tract of land occupied by an existing use. To enlarge is to make
an enlargement.
Family. A single person occupying a dwelling unit and
maintaining a household, including two (2) or more persons related
by blood, marriage, or adoption occupying a dwelling, living
together and maintaining a common household. A common household
shall be deemed to exist if all members thereof have access to
all parts of the dwelling.
Floor area, minimum. The area of the floor or floors
measured from the centerline of the exterior walls to the center-
line of dividing walls. The area for garages, roofed-over screened
porches and utility rooms shall be credited for fifty (50) per
cent of floor area. Open porches and carports shall be credited
with twenty-five (25) per cent of floor area. Accessory buildings
shall not count as floor area if not accessible from the interior
of the building. Not more than ten (10) per cenn of any minimum
floor area shall be credited to screened-in porches or breezeways.
Garage, public parking. A building or other structure
which provides parking or storage for motor vehicles.
General development plan. The official public docu-
ment adopted by the City of Boynton Beach as a policy guide to
present and future land use deCisions.
Grade, finished. The average level of the finished
surface of the ground adjacent to the exterior walls of the build-
ing.
Home occupation. Any occupation in connection with
which there is kept no stock in trade nor commodity sold upon
the premises, no person employed other than a member of the
immediate family residing upon the premises, and no mechanical
equipment used except such as is permissible for purely domestic
or household purposes.
Hotel. Any building containing principally sleeping
rooms in which transient guests are lodged with or without meals,
with no provision made for cooking in any individual room or suite
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and having or not having one (1) or more dining rooms, restaurants
or cafes as accessory uses. Such building would structurally and
for purposes of safety be obliged to conform to the laws of the
hotel and restaurant commission.
Hotel apartment. Any building containing a mixture of
sleeping rooms and apartment suites for transient guests. Build-
ings designed as hotel apartments shall have not more than one-
third of the total units devoted to apartment suites. Dining room~
and lounges would be permitted as an accessory use.
Junkyard. An open area where waste, used or second-
hand materials are bought, sold, exchanged, stored, baled, packed
or disassembled, including but not limited to scrap iron and
other metals and waste materials. A junkyard includes an auto-
mobile wrecking yard and secondhand automotive parts yard.
Laundry and dry cleaning, self-service. A business
that provides home-type washing, drying, dry cleaning, and/or
ironing machines for hire, to be used by customers on the premises
Legal access. A dedicated and recorded right-of-way,
or easement, excluding utility or drainage easements, affording
perpetual ingress and egress from a s~bject property to a public
thoroughfare.
Limited access. A highway or freeway which does not
permit access except at authorized and controlled points. The
acquisition of right-of-way for such highways or freeways usually
includes the acquisition of access rights thereto° Access may
also be limited through methods other than acquisition of access
rights.
Loading space. Accommodanion off the street for load-
ing onto and unloading from trucks, in the form of one or more
truck berths located either within a building or in an open area
on the same lot.
Lot.
1.
Is either:
A lot of record as part of a land subdivision,
recorded in the office of the clerk of the circuit
court of Palm Beach County, and existing on the
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effective date of the regulations, or any applicab]
subsequent amendment thereto, or
2. A tract of land under a unity of title document
or a tract of land, either unsubdivided or consist-
ing of abutting lots of record ~hich on the effec-
tive date of these regulations or any applicable
subsequent amendment thereto, was in one ownership
or
3. A tract of land, which at the time of filing for
a building permit is designated by its owner or
developer as a tract all of which is to be used,
developed or built upon as a unit under one owner-
ship.
Lot area.
The total area included within lot lines.
Lot corner. Either a lot bounded entirely by streets,
or a lot which adjoins the point of intersection of two (2) or
more streets.
Lot coverage. That portion of the area of a lot, ex-
pressed as a percentage occupied by all buildings or structures
which are roofed or otherwise covered and that extend more than
three (3) feet above the surface ground level.
Lot depth. The length of a straight 'line drawn from
the midpoint of the front property line of the lot to the midpoint
of the rear property line of the lot.
Lot frontage. The property line adjacent to a public
street, it is also the front property line.
Lot, interior. Any lot that is neither a corner lot
nor a through lot.
Lot, through (double frontage). Any lot, not a corner
lot, having both the front and rear property lines adjacent to a
public street.
Lot, width. The distance between the side lot lines
measured at right angles to the lot depth at a point between the
front and rear property lines.
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Major repairs. They shall include complete engine over
haul and/or replacement of internal parts of engines. Also include
is repair of any portion of the drive mechanism, body and fender
work, painting and customizing.
Major thoroughfares. A main traffic artery connecting
two (2) or more municipalities.
Marina. A facility designed to provide a variety of
accommodations and services for local or transient boaters, such
as fueling, dockage, retail sales of marine supplies, equipment,
boats, motors and trailers, wet or dry storage, hauling, making
minor repairs or alterations; the latter while in wet or dry stora
Where possible, all repairs, especially major repairs, will be
accomplished within an enclosed or three-quarter enclosed building.
Minor repairs. They shall include engine tune-up,
carburetor repair, wheel-balancing and replacement and/or repair
of external parts of engines.
Mobile home. A manufactured detached, transportable,
single family dwelling unit designed for long term occupancy and
arriving at the site where it is to be occupied as a complete
dwelling unit, containing all conveniences and facilities, with
plumbing and electrical connections provided for attachment to
approved utility systems. To retain mobility, undercarriage and
axles must remain attached to the unit.
Motel. A building or group of buildings which
sleeping accommodations for transient occupancy, and has in,
entrances to serve such sleeping units. No provisions shall be ma,
for cooking in any individual room. Motels may have one or more
dining rooms, restaurants or lounges as accessory uses.
Motel apartment. Any building containing a mixture of
sleeping rooms and apartment suites for transient guests only.
Dining rooms and lounges would be permitted as an accessory use.
Nursery schools and/or preschool facilities. A super-
vised training and/or socializing center for children.
Open space. A required exterior open area clear from
the ground to the sky devoid of residential and commercial build-
ings, and accessory structures.
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Parking space. A surfaced area, enclosed or unenclosed
~ufficient in size to store one automobile, together with a drive-
connecting the parking space with a street or alley and per-
ingress and egress of an automobile.
Plat. A map depicting the division of land into lots,
, parcels, tracts or other portions thereof.
Restaurant. A commercial use containing all necessary
and supplies for serving full course meals on a regular
; however, any restaurant granted an alcoholic beverage li-
cense must recieve at least one-half (1/2) of its gross proceeds
the sale of food and not alcoholic beverages. Additionally,
restaurant shall be permitted to sell alcoholic beverages for
consumption or to operate a package store at the same
location.
Rezoning. The legal process by which changes are made
to the boundary or boundaries of a zoning district(s) or where a
boundary or boundaries are e~tablished for a zoning district(s)
process is known herein as~ district boundary change.
Right-of-way. A strip of land dedicated or deeded to
the perpetual use of the public.
Setback. A line running a certain distance back from
~nd parallel to the base front, side or rear property line which
~rovided the separation wherein no building, structure or portion
:hereof shall be permitted, erected, constructed, or placed unless
specifically permitted by this Code.
Shopping Center. A group of retail commercial and/or
ervice establishments planned, developed, managed and operated as
a unit.
Storage, open. The ~afekeeping of any goods or pro-
ducts in an unoccupied space open! to the sk~y for eventual removal
exoected wit~hin seventy-two
by same or similar goo
Street. A strip of 1~
affords the. principal mean~
word "street" includes road,
, expressway, lane, thr¢
designated within the
[72) hOurs or for continuous re-
s or products.
nd, owned privately or publicly~
of access to abutting property~
thoroughfare., parkway, avenue,
~ughWay, place, square, or however
.bore mentioned roadway~
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Street, marginal access. A street which is parallel and
adjacent to an expressway, arterial street or limited access streel
Subdivision. The division of a parcel of land into two
(2) or more lots or parcels, either by plat into lots and blocks
or by metes and bounds description, for the purpose of transfer
of ownership or development ~or, if a new street is involved, by
~ivision of a parcel of land.
Surveyor~. A land surveyor registered in the State of
Florida.
Swimming-pool. Any confined body of water, located
either above or below the existing finished level of the site,
exceeding two (2) feet in depth, designed, used, or intended to
be used for swimming or recreational purposes.
Thoroughfare pla~. The plan of present and future
streets adopted by the City of Boynton Beach.
Use. Any purpose for which a building or other structuz
or a tract of land may be designed, arranged, intended, maintained
or occupied; or any activity, occupation, business or operation
carried on, or intended to be carried on, in a building or other
structure or on a tract of land.
pse, principal. The primary purpose for which land or
building is used as permitted by the applicable zoning district.
Yachtel. A marina or dockage offering onshore over-
night accommodations.
Yard. An open space on the same lot with a building,
unoccupied and unobstructed from the ground upward, except by
trees or shrubbery or as otherwise provided hereine
Section 2. AppendiX A (Zoning Regulations) of the Codif
Ordinances of the City of Boynton Beach Section 11 is hereby
by adding the additional Section ll-m to read as follows:
Section 1. Supplemental regulations.
A~ Site plan requirements. The site plan shall be
drawn to a scale of not less than two hundred (200) feet to the
inch.. Three (3) copies of the site plan shall be submitted by the
applicant for the use of appropriate city departments and boards°
The plan, for the purpose of this section, shall include, but not
necessarily be limited to, the following plans, designs, speci-
fications and information:
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1. The exact property lines of the property for which s
plan approval is requested, including existing stree
and right-of-way lines and survey and legal descrip-
tion of site prepared by a registered land surveyor.
2. Adjacent properties on the same frontage, indicating
the locations of buildings and structures on such
adjacent properties, means of ingress and egress to
such properties, off-street parking, loading, and
service areas, if any, for or on such properties,
and any screening or buffers on such properties and
the nature and type thereof~ Location of present
and proposed structures on the site.
3. Location and dimensions of all required yards~
4. Location and facilities for ingress and egress to
site including existing and proposed crub cuts, if
any, and proposed directions of traffic flow on the
site and into and from public rights-of-way.
5. Location and dimensions of off-street parking, load-
ing and service areas°
6. A drainage plan for the entire, site.
7. Location and dimensions of areas for services to the
property and for refuse disposal and collection.
Location of all utilities and easements.
Landscape plans. See community appearance board
application°
10~ Location and dimensions of all signs and exterior
lighting facilities to be placed on the site~
B. Clnster 'de¥'elO~men~ts~ A cluster of groups of two
(2) or more single-family structures may be permitted in all resi-
dential districts with the following requirements:
Ail cluster housing development plans shall
be submitted to the planning and zoning board
as a planned unit development~
C~ Nursery'an~/or Other p~esch~ool facilities:
1. Day care and other preschool facilities shall
comply with the state health department and all
other regulatory agency requirements.
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2. The building height, setbacks, parking and total
floor area shall be governed by the applicable
zoning district.
D. Home occupation~. Permitted home occupations
operated in any dwelling unit may be operated only if they comply
with all the following conditions:
1. That there are no alterations in the residential
character of the premises in connection therewith
2. That the home occupation shall be carried on
within the dwelling, and shall be confined to
not more than twenty-five (25) per cent of the
ground floor of the dwelling so occupied.
3. That no merchandise or articles shall be displaye
for advertising purposes.
4. That no home occupation be allowed that requires
a professional license and professional equipment
other than usual residential facilities.
5. That no article or materials pertaining to such
home occupation shall be stored other than in the
dwelling used.
6. That no assistants be employed in connection ther
with.
7. That no sign or advertising device relative there
shall be displayed on the premises.
E. Swimming pools. Swimming pools shall be located,
designed, operated and maintained in accordance with the city
swimming pool ordinance and shall be subject to the approval of
the building department. No swimming pool shall be constructed
closer than eight (8) feet from any property line and no swimming
pool shall be built in front of the building line. On corner lots
property bordering both streets shall be considered as front
Location of above ground pools shall comply with building set-ba~
requirements.
F. Screen enclosures. Ail screen enclosures (
walls and screen roof) shall comply with building side yard setbac
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No screen enclosure shall be constructed closer than eight (8)
from rear property line and no screen enclosure shall be construct~
in front of the building line. On corner lots, property bordering
both streets shall be considered as front yards.
G. Town house. Ail town house developments shall
conform to the distri t zoning and shall meet the following
requirements:
1. Each town house shall have its own lot area, each
yard private and reasonably secluded from view of
streets or neighboring property.
2. Each town house shall have a direct automotive
access from the off-street parking space to a
public street.
3. Ail outdoor, rear yard areas used for drying of
clothes shall be screened from view from the stre~
and firom adjoining yards and lots.
4. Parking space shall be provided for as by section
ll-H.
H.Off-street parking:
1. Off-street parking for the purpose of this ordin-
ance, the term "off,street parking space" shall
mean a parking space constructed of a hard surface
and shall consist of a minimum net area of two
hundred (200) square feet of appropriate
and not less than ten (10) feet in width, for
ing an automobile, exclusive of access drives or
aisles thereto or any street or alley right-of-
o
o
way.
All r
be dr
adj ac
Acer
or pr.
=_quired off-street parking facilities shall
~ined so as not to cause any nuisance to
~_nt private or public property.
ificate of occupancy for the given structurl
mises shall not be issued until the require~
parki~g area has been inspected and approved.
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There shall be provided, at the time of the
erection of any main building or structure, or at
the time any building or structure is enlarged or
increased in capacity by adding dwelling units,
guests rooms, floor area or seats; minimum off-
street automobile parking space with adequate pro-
visions for ingress and egress by an automobile
of standard size, in accordance with the follow-
ing minimum requirements:
a. Single-family dwelling structures:
Zwo (2)
spaces for each dwelling unit.
b. Multiple-family dwelling structures: Two
(2) spaces for each dwelling unit.
c. Churches, temples, or other places of worship
One space for each four seats in the main
auditorium.
d. Commercial manufacturing, and industrial
concern not catering to the retail trade:
One space for each two (2) employees on the
largest working shift, but not less than one
space for each four hundred (400) square feet
of floor area, exclusive of that area used
for storage, plus one space for each company
vehicle operating from the premises.
e. Country, golf, gun club: One space for each
five members.
f. General business, commercial or personal ser-
vice establishments, not including meat marke
grocery stores, or shopping centers: One
space for each two hundred (200) square feet
of non-storage floor area.
g. Hotels: One space for each bedroom, plus one
additional space for each two (2) employees.
h. Hospitals, sanitariums, convalescent, and
nursing homes: One Space for each three (3)
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beds, one space for each two (2) staff doctorl
and one space for each two (2) employees on
the largest shift.
i. Kennels and anim~
space for each ti
feet of floor ar~
j. Libraries, museu~
three hundred (3(
area open to the
k. Medical or dental
spaces for each
1. Motels: One spa¢
space for reside~
one space for ea~
m. Office and public
each three hundre
area within the b
n. Private club or 1
four (4) seats.
o. Restaurants. One
seats plus one sp
p. Rooming, boarding
space for each sl
q. Private schools:
plus one space fo
of driving age, p
thousand (1,000)
or fraction there
r. Shopping centers,
grocery stores:
dred fifty (150)
area.
s. Theatres, auditor
L1 hospitals: One parking
tree hundred (300) square
!a.
Ls: One parking space for ea¢
~0) square feet of the floor
public.
offices or clinics: Six (6
.octor or dentist.
e for each bedroom, plus one
t manager, or owner, plus
h two (2) employees.
buildings: One space for
d (300) square feet of floor
uildingo
odge: One space for each
space for each three (3)
~ce for each two (2) employee
houses, dormitories: One
=_ep ing unit.
One space for each employee
each three (3) students
[us one space for each one
~quare feet of floor area
)f.
including meat markets and
)ne space for each one hun-
~quare feet of retail floor
.urns, places of assembly:
One space for each four (4) seats.
Bowling alleys: Four (4) spaces for each
bowling lane.
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o
u. Marinas: One space for each boat slip
plus required spaces for any eating, motel
or commercial facility on premises.
v. Mixed uses: In the case of mixed uses,
the total requirements for off-street
parking shall be the sum of the require-
ments of the various uses computed separal
'Off-street parking space for one use shall
not be considered as providing the re-
quired off-street parking for any other
use.
w. Ail other uses: Parking requirements for
uses not listed in this section shall be
determined by the city council after revil
and recommendation by the planning and
zoning board.
Location of off-street parking spaces.
Parking spaces for all dwellings shall be located
on the same lot with the main building to be
served.
Parking spaces for other uses shall be owned and
provided on the same lot or not more than three
hundred (300) feet distant, as measured along the
nearest pedestrian walkway.
Parking requirements of two (2) or more uses of
the same or different types may be satisfied by
the allocation of the required number of spaces
of each use in a common parking facility.
Off-street loading:
For the purpose of this ordinance, the term "off-
street loading or unloading space" shall mean a
vehicular loading space constructed of a hard
surface and shall consist of a space with dimen-
sions not less than twelve (12') feet in width,
thirty-five (35) feet in length and fourteen (14)
feet in height, exclusive of access aisles,
maneuvering space or alley right-of-way.
2. The following spaces shall be provided for the
uses indicated:
a. Every hospital, institution, hotel, commercial
or industrial building, or similar use, re-
quiring the receipt or distribution by vehicle
of materials or merchandise, shall have
sufficient permanently maintained off-street
loading space so as not to hinder the free
movement of vehicles and pedestrians over a
street or sidewalk.
b. Ail structures requiring the pickup of large
quantities of garbage or trash shall provide
an easily accessible area for the pickup and
delivery of a dumpster or other trash recepta~
all such areas shall be so designed that
and trash pickup can be accomplished without
excessive maneuvering such as turning around
and backing up.
K~ Permanent reservation of spaces. Area reserved f~
~ff-street parking or loading, in accordance with the requirements
of this section, shall non be reduced in area or changed to any
other use unless equivalent off-street parking or loading is pro-
vided in accordance with this section.
L. Service stations with or without major repairs.
1. There shall be a minimum distance of one thousand
(1,000) feet between the nearest property line
of the lot or plot of land upon which the propose~
service station is to be constructed, and the
nearest property line of a lot or plot of land
upon which any other gasoline service station,
church, public playground, hospital, public schoo
or other similar public or semi-public place wher
large numbers of people congregate; is located.
Such distance shall be by direct airline measure-
men n.
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2. The minimum size plot of land shall be seventeen
thousand five hundred (17,500) feet in area with
a minimum frontage of one hundred seventy-five
(175) feet, on all abutting streets.
3. At least ten (10) percent of the gross plot area
shall consist of landscaping equipped with ade¢
sprinkler systems of which at least five (5) per-
cent shall be adjacent to the public right-of-
way. Ail landscaping shall be maintained in a
healthy growing condition.
4. There shall be a minimum distance of fifteen (15)
feet between the location of a gas pump island
and any adjacent property line.
5. Driveway entrances shall measure no more than
forty-five (45) feet across and be located no
closer than forty (40)feet to any street inter-
section or nearer than twenty-five (25) feet to
any interior property line.
6. There shall be constructed a safety island of
grass or concrete for pedestrians between two (2)
driveways which shall be ten (10) feet in width
and no less than twenty (20) feet in length measu~
along its side abutting a sidewalk or paving of
said station, whichever is in the plan of con-
structiont
A masonry or concrete louver wall at least five
(5) feet in height and meeting the provisions of
the building code shall be constructed along all
property lines abutting residentially zoned
property to a distance of twenty-five (25) feet
of any street right-of-way line. The wall shall
be kept in good repair and appearance at all time~
Openings with gates may be allowed where deemed
reasonable by the building official.
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Restrictions.
8. The entrance to the building wherein motor vehi~
are washed by mechanical means as a primary func-
tion, shall be located on a lot or plot a minimum
distance of seventy-five (75) feet from the stre~
line to provide an off-street area for waiting
vehicles.
M. Adult Entertainment Establishments; Special
1. No adult entertainment establishment shall bm
located closer than 1,500 feet from any other
adult entertainment establishment measured from
lot boundary to lot boundary along a straigb~
air-line route~
2. No adult entertainment establishment shall be
located closer than 1,500 feet from any house of
worship or school, measured from any lot boundary
to lot boundary along a straight air-line rout~.
Section 3. That Appendix A of the (Zoning Regulation) of
the Codified Ordinances of the City of Boynton Beach, Florida,
Section 6D is amended to read as follows:
D. C-4 gemeral commercial district. These district
regulations will be effective in projecting desirable uses and pat-
terns along the development corridors that will be located at point
along major trafficways. The ultimate desired results are to
group highway uses, keep accesses to a minimum, and combine accessE
so as to limit the drive out interruptions. In addition, these
regulations can help expedite, facilitate and ease traffic on and
off the major trafficways and allow sufficient frontage for safe
ingress and egress and yet again, not erode the design capacities
for our highways.
1. Uses permitted. Within any C-4 general commercial
district, no building, structure, land or water,
shall be used, except for one or more of the
following uses:
a. Ail those permitted in C-I, C-2 and C-3
districts.
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Adult Entertainment Establishment *
c. Automobile and truck sales and rental
agencies.*
d. Automobile wash establishments~
e. Automotive parts, and/or repairs, including
repairs (see definitions, "major repairs").
f. Battery and tire sales and service within
an enclosed building~
g. Beverage distribution.
h. Electrical, plumbing, heating, painting,
upholstery and roofing supplies~
i. Paint and repair shops, including automobile
body and fender work, entirely within an
enclosed building.
j. Recreation vehicle sales (new and used)..*
k. Service stations (when including major repairs
shall be erected according to supplemental
regulations section il-M).
1. Wholesale establishments.
m. Fabrication and assembly of custom cabinets
and furniture within fully enclosed buildings
having a maximum floor area not more than
six thousand (6,000) square feet.
· Refer to planning and zoning board for recom-
mendations and to city council for approval.
lA. Conditional uses allowed. The uses specified
above which are followe---~ by an asterisk (*)
shall be deemed to be conditional uses, which
may be considered and granted 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.
Uses prohibited: In addition to those uses
disqualified under the provisions of sub-
section (1) above, the following uses are
expressly prohibited in a C-4 general com-
mercial district:
o
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o
a. Any residential use.
b. Exterior storage unless adequately
screened.
c. For the purpose of preventing misinter-
pretation and for emphasis, the terms
"department store" and "shopping center"
shall not be deemed to include the follow-
ing operations or uses, which are farmer's
markets, flea or thieves' markets, swap
shops and trading posts, which primarily
involve the sale, exchange or marketing
of produce, used goods, antiques, curios
or secondhand merchandise.
d. Warehouses and storage buildings, except
when utilized as a building or structure
accessory to a permissive or conditional
use specified in Sec. 6(D)(1) above.
Building and site regulations. No building
or portions hereof shall be erected, construct~
converted, established, altered, enlarged
or used unless the premises and buildings
shall comply with the following regulations:
Minimum lot frontage
Minimum lot depth
Minimum lot area
Maximum lot coverage
Minimum front yard
Minimum side yard
(interior lots)
Minimum side yard
(corner lots)
Minimum rear yard
Maximum structure height
50 feet
100 feet
5,000 square feet
40 percent
25 feet
15 feet one side
15 feet on street
side
20 feet*
45 feet not to excee
4 stories
*B~en abutting residential districts, side and
or rear yards shall be thirty (30) feet.
Where rear property line abuts a public stree
or alley, rear yard setbakc may be reduced to
ten (10) feet and no side yard shall be re-
quired except on corner lots.
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4. Off-street parking. As set forth in
section ll-H hereinafter.
Section 4. That all ordinances or parts of ordinances
in conflict herewith be and the same are hereby repealed.
Section 5. That should any section or orovision of this
'irdinance , ,
or any portion hereof any paragraph sentence or word
~e declared by a court of competent jurisdiction to be invalid,
i~uch decision shall not affect the validity of the remainder of
Ts a whole or any part thereof other than the part to be declared
nvalid.
Section 6.
~h:~s ordinance.
Section 7.
i~ay after its final passage.
FIRST READING this /~ day of.
SECOND and FINAL READING this
i198o.
Specific authority is hereby granted to codify
This ordinance shall take effect on the
~~ , 1980.
/~-- day ~o f ~
tentI
CITY OF BOYNTON BEACH, FLORIDA
kTTEST:
~ity Clerk
By
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