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11-020 11 I I ORDINANCE NO. 11- Oc;). 0 2 :I 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. 14 :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: S:\CA\Ordinances\LDR Changes\Ordinance - tasting rooms - C4.doc . - I - . , I I Part III (LDR), Chapter 1, Article II Definitions. 2 :3 BAKERY, COMMERCIAL - An establishment primarily engaged in the 4 manufacturing of bread and other bakery products. 5 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 S'\CA\Ordinances\LDR Changes\Ordinance - tasting rooms - C4.doc - 2 - 11 I 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. I I b. M-l district. I 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. S:\CA\OrdinancesILDR Changes\Ordinance - tasting rooms - C4.doc - 3 - .,' r I :2 (2) No drive-up, drive-through, or drive-in facilities shall be 3 allowed. 4 .5 (3) The establishment is ineligible for a live entertainment 6 permit. 7 8 Section 4. Should any section or provision of this Ordinance or any portion i I 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. . +h I SECOND, FINAL READING AND PASSAGE this @ day of SepT. , I 2011. I C~TON BEACH, FLORIDA I I --- , I 2 2 2 2 2 2 2 2 2 2 3 ,- 3 3 ATTEST: 3 3 , 3 3 3 3 3 -4-