11-020
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I ORDINANCE NO. 11- Oc;). 0
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4 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY
:5 OF BOYNTON BEACH, FLORIDA AMENDING THE LAND
6 DEVELOPMENT REGULATIONS BY AMENDING CHAPTER 1,
7 ARTICLE II, "DEFINITIONS", TO ALLOW AN ACCESSORY
8 COMPONENT TO INCLUDE RET AIL SALES, TASTING
9 ROOMS AND FACILITY TOURS; AMENDING CHAPTER 3,
10 ARTICLE IV, USE PROVISIONS, TO ALLOW SUCH
II INDUSTRIAL USES WITHIN THE GENERAL COMMERCIAL
12 (C-4) ZONING DISTRICT; PROVIDING FOR CONFLICTS,
q SEVERABILITY, CODIFICATION AND AN EFFECTIVE DATE.
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:t WHEREAS, staff is proposing amendment to the Land Development Regulations
It (LDR) to add operational flexibility to certain industrial uses and to restrict the size of
I tasting rooms where such establishments are located within the C-4 and M-I zoning
I districts; and
2 WHEREAS, the City Commission of the City of Boynton Beach deems it to be in
2 the best interest of the citizens and residents of the City to amend the Land Development
2 Regulations to allow an accessory component to include retail sales, tasting rooms and
2 facility tours and to allow such industrial uses within the General Commercial (C-4)
2 zoning district.
2 NOW'THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION
2 OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
2 Section 1. The foregoing whereas clauses are true and correct and are now
2 ratified and confirmed by the City Commission.
2 I ,
Section 2. Chapter 1, Article II, Definitions of the Land Development
3 Regulations, is hereby amended by adding the words and figures in underlined type, as
3 follows:
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I Part III (LDR), Chapter 1, Article II Definitions.
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:3 BAKERY, COMMERCIAL - An establishment primarily engaged in the
4 manufacturing of bread and other bakery products.
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6 BEVERAGE MFG - An establishment primarily engaged in the manufacturing,
7 purifying, bottling, and distribution of beverage products, including ice and
$ alcoholic beverages. This industrial use may include a subordinate commercial
component (i.e. tasting room, retail and facility tours) that is open to the public
I one or more of the follo'.ving: (1) manufacturing soft drinks, tea, and coffee; (2)
I manufacturing ice; and (3) purifying and bottling ,\-yater. Distilling and/or brewing
I is prohibited.
I
I DAIRY PRODUCTS MFG - An establishment that manufactures dairy products
I from raw milk, processed milk, and dairy substitutes. This industrial use may
I include a subordinate commercial component (i.e. tasting room, retail and facility
I tours) that is open to the public.
I
I FOOD PROCESSING - An establishment primarily engaged in processing
2 canned, pickled, and dried fruits, vegetables, specialty foods, snacks, confections,
2 and spices. This industrial use may include a subordinate commercial component
2 (i.e. tasting room, retail and facility tours) that is open to the public.
2
2 FROZEN FOOD - An establishment primarily engaged in processing and
2 freezing fruit, juices, vegetables, and specialty foods, such as dinners, entrees, and
2 side dishes; pizza; whipped toppings; and waffles, pancakes, and french toast.
2 This industrial use may include a subordinate commercial component (i.e. tasting
2 room, retail and facility tours) that is open to the public.
2
3 ICE CREAM & FROZEN DESSERT - An establishment primarily engaged in
3 the manufacturing frozen desert products such as ice cream, yogurts, ices,
3 sherbets, and other desserts (except bakery products). This industrial use may
3 include a subordinate commercial component (i.e. tasting room, retail and facility
3 tours) that is open to the public.
3
3 TASTING ROOM - Commercial floor area of a food or beverage manufacturing
3 establishment where the public is allowed and encouraged to purchase, taste, and I
3 or consume the products produced on or off-site. The zoning regulations may
3 contain conditions applicable to tasting rooms with respect to location, size, hours
4 of operation, and the like, in order to maintain the ancillary relationship with the
4 principal use and compatibility with surrounding properties and zoning district.
4
4 Section 3. Chapter 3, Article IV, Use Provisions of the Land Development
4 Regulations, is hereby amended by adding the words and figures in underlined type, as
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1 follows:
:2 Part III (LDR), Chapter 3, Article IV Use Provisions.
3
Use C-4 district M-l district Notes
Bakery , C* p* 4
Commercial
Beverage C* p* 4
MFG
Dairy C* p* 4
Products Mfg
Food C* p* 4
Processing
Frozen Food C* p* 4
Ice Cream &
Frozen C* p* 4
Dessert
4. General Note.
a. C-4 district. If proposed on a site that fronts on an arterial or
collector roadway, the establishment shall be required to have an accessory
I . commercial component (i.e., tasting room and retail showroom) to the
I operation. The size of the tasting room I retail showroom shall be at least
I 10% of the gross floor area or 1 ,000 square feet, whichever is greater. No
I use shall be carried out so as to allow the emission of objectionable or
I offensive odors or fumes in such concentration as to be readily perceptible at
I any point at or beyond the boundary of the zoning district.
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I b. M-l district.
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I (1) These establishments may include an accessory commercial
2 component (i.e., tasting room and retail showroom). If located on
2 an arterial roadway, a commercial component shall be required.
2 The tasting room, retail showroom, and facility tours shall not be
2 open to the public after 10 p.m., except Fridays and Saturdays,
2 whereby it may remain open until 11 p.m. Additionally, the size of
2 the tasting area shall not exceed the following:
2
2 (a) For establishments under 10,000 square feet or less:
2 20% of the grOSS floor area but not to exceed 1 ,500 square
2 feet.
3
3 (b) For establishments greater than 10,000 square feet,
3 Not to exceed 1 ,500 square feet.
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:2 (2) No drive-up, drive-through, or drive-in facilities shall be
3 allowed.
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.5 (3) The establishment is ineligible for a live entertainment
6 permit.
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8 Section 4. Should any section or provision of this Ordinance or any portion
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thereof be declared by a court of competent jurisdiction to be invalid, such decision shall
1 not affect the remainder of this Ordinance.
I Section 5. Authority is hereby given to codify this Ordinance.
I Section 6. This Ordinance shall become effective immediately.
I FIRST READING this .I(P ~ay of A~usr ,2011.
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I SECOND, FINAL READING AND PASSAGE this @ day of SepT. ,
I 2011.
I C~TON BEACH, FLORIDA
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