15-030 ORDINANCE NO. 15 -030
3
AN ORDINANCE OF THE CITY OF BOYNTON BEACH,
5 FLORIDA APPROVING AMENDMENTS TO THE LAND
5 DEVELOPMENT REGULATIONS, PART 3, ZONING, ARTICLE
7 IV, USE REGULATIONS, SECTION D, USE MATRIX & NOTES
3 ALLOWING CONTINUED OPERATION OF EXISTING GAS
9 STATIONS IN COMPATIBLE AND DESIRABLE LOCATIONS
1) WITHIN THE CITY; CHANGING THE PERMITTED AND
1 t CONDITIONAL USE STATUS FOR GASOLINE STATIONS
12 WITHIN THE C -2, C -3, C -4 AND PCD ZONING DISTRICTS;
13 ADDING GASOLINE STATIONS AS AN ALLOWABLE USE
14 WITHIN THE PLANNED INDUSTRIAL DEVELOPMENT (PID)
15 ZONING DISTRICT AND EXEMPTING EXISTING GAS
15 STATIONS FROM CERTAIN NON - CONFORMING BUILDING
17 AND STRUCTURE REGULATIONS; PROVIDING FOR
13 CONFLICTS, SEVERABILITY, CODIFICATION AND AN
I) EFFECTIVE DATE.
2)
21
2? WHEREAS, staff's evaluation of the City's longstanding regulations on gas stations
23 was a directive of the City Commission and is represented by Strategic Initiative Action Item
24 No. 1.5; and
25 WHEREAS, staff is proposing code amendments to maximize the presence and
2 disbursement of gas stations that conform to the City's Land Development Regulations; and
27 WHEREAS, the City Commission finds it to be in the best interest of the citizens
2d and residents of the City to approve the recommendations of staff and amend the Land
29 Development Regulations as reflected herein.
30 NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
31 THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
32 Section 1. The foregoing whereas clauses are true and correct and are now ratified
33 and confirmed by the City Commission.
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3 Section 2. Chapter 3, Article IV, Section 3.D Matrix Note No. 46 of the Land
3. Development Regulations is hereby amended as follows:
3, LDR Ch. 3, Art. IV, Sec. 3.D (Matrix Note No. 46)
3 ► 46. Gasoline Station.
3: a. All Districts.
3 (1) Location. Gasoline stations, accept where otherwise allowed by these regulations,
41 operating as principal uses are only allowed on properties located at 3 -way or 4 -way
4 intersections involving arterial and collector road rights -of -way : • _ . :..
4' as designated by the Comprehensive Plan, excluding local streets and alleys.
4: Interchanges with I - are included as eligible intersections. Eligible properties at an
4. intersection with I -95 include the first parcel directly west or east of the toe embankment of
4, the I -95 interchange. This may also be defined as the first parcel with frontage on and access
4. from the arterial road that intersects with the I -95 right -of -way. A maximum of two (2)
4' gasoline stations shall be allowed at each intersection, :.• : : :: - • . - - . A
4: convenience store with retail gasoline sales is considered to be a gasoline station and is
4' therefore, restricted to these location requirements.
51 (2) Lot Size. Minimum lot size: thirty thousand (30,000) square feet.
5 (3) Frontage. Minimum street frontage: two hundred twenty -five (225) feet on each
5' frontage measured from the intersecting right -of -way lines of the public streets.
5: (4) Access.
5. (a) Only one (1) access driveway is allowed from each major street frontage.
51 Driveways shall be located a minimum of fifty (50) feet from the intersection unless county
51 or state standards require a greater distance;
5 (b) Driveways shall be a minimum of thirty (30) feet and a maximum of forty-five
5: (45) feet in width; and
5' (c) Driveways shall not be located less than thirty (30) feet from any interior
61 property line.
61 (5) Setbacks.
62 (a) No canopy shall be located less than twenty (20) feet from any property line; and
63 (b) No gasoline pump island shall be located less than thirty (30) feet from any
64 property line.
6.i (6) Storage. No outside storage of materials, parts, and no overnight storage of
66 vehicles outside.
67 (7) Design. Pursuant to Chapter 4, Article III, Section 3.G.4., all gasoline stations
68 located on designated out - parcels to shopping centers, business centers, or other planned
69 commercial developments shall conform in design to the approved design plan of the
70 principal center.
7 . (8) Landscaping. See landscaping standards in Chapter 4.
72 (9) Lighting. See lighting standards in Chapter 4.
73 (10) Except for where otherwise approved on a master sign program, gasoline stations
74 shall only be permitted to advertise on signage located within the property boundaries.
75 (11) Gasoline stations shall be permitted uses if located greater than two hundred
76 (200) feet from a boundary of a residential zoning district. Distances for the purpose of this
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7 subsection shall be measured from the closest gasoline pump island or canopy of the
7 gasoline station to the closest boundary of the residential or mixed -use zoning district.
7 ( 12) A station existing prior to amendment of these regulations that is located on a
80 lot that does not conform to the property development regulations of the zoning district, as
8 defined in Section 11 of this Chapter, may be enlarged, expanded, reconstructed or restored
8 without limitation based on percent of property value, as long as the magnitude of the non-
8 conformity is not worsened by the improvement.
8- b. C -2 District, C -3 District, and C -4 District.
8 (1) Use(s) Allowed: A convenience store; auto /car wash, automotive, minor repair;
8. and automotive window tinting/stereo installation/alarms are allowed as accessory uses to
8 gasoline stations.
8 (2) Setbacks. Except for properties located within the Urban Commercial District
8 Overlay Zone, the following building setbacks shall apply to all structures on the property
91 including the primary structure, or any accessory structures such as car washes or above -
9 ground storage facilities.
9. (a) Building front (and side corner) - 35 feet;
9 (b) Building side - 20 feet;
9 (c) Building rear - 20 feet;
9 (d) Automated car wash. The entrance to an automatic car wash shall be setback no
9+ less than seventy -five (75) feet from the street in order to provide for an area of vehicular
9 queuing (stacking). An accessory auto /car wash shall be fully automatic and recycle all
9: water used in the car washing process.
9' (3) No gasoline station shall be located . • - • - - : - : ! ! - - : •- .
10 . . ` • . - . -- .. .. - . - .. - -- . •-
10 closest gasoline pump island or canopy of the gasoline station to the closest boundary of the
10. residential or structure.
10 (3) Exceptions to requirement for location at intersections as stated above under
10- section "a.(1) ". When a gas station is accessory to a principal retail use and when all
10 requirements applicable to the PCD District are satisfied.
101 c. PCD District.
10 (1) Use(s) Allowed: A convenience store; auto /car wash, automotive, minor repair;
10: and automotive window tinting/stereo installation/alarms are allowed as accessory uses to
10 ' gasoline stations.
111 (2) Setbacks. The following building setbacks shall apply to all structures on the
11 property including the primary structure, or any accessory structures such as car washes or
11. above - ground storage facilities.
11 (a) Building front (and side corner) - 35 feet;
11 (b) Building side - 20 feet;
11 (c) Building rear - 20 feet;
11. (d) Automated car wash. The entrance to an automatic car wash shall be setback no
11 less than seventy -five (75) feet from the street in order to provide for an area of vehicular
11: queuing (stacking). An accessory auto /car wash shall be fully automatic and recycle all
11. water used in the car washing process.
121 (3) Separation. (a) No gasoline pump island shall be located less than two hundred
12 fifty (250) feet from any public right -of -way.
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122 • . -- . . . . . : - • .. !! -- - . - .
123 - - • . • .. -- -- ,.. :. - . - •
. -- . . - - . . - -
124 - - - - - - - - -- -- • .. .: . - - • . - ... ...
125 - - - - • . .
126 (4) Exceptions to requirement for location at intersections as stated above under
127 section "a.(1) ". Uses within the PCD District shall not be required to comply with the
124 location standard described above in Subsection "a.(1).
129 (5) Pre - existing uses. Gasoline stations that were in existence prior to the adoption of
130 these regulations shall not be deemed non - conforming to the corresponding site standards if
13 , located in compliance with the location (intersection) standard stated above in section "a ".
132 (4 6) Relief from Standards. Waivers from the following standards may be granted in
133 accordance with Chapter 2, Article II by the City Commission for existing projects annexed
134 into the city, when the regulation cannot be fully complied with, but where the intent of the
135 LDR is met:
136 (a) Section 3.D.46.a.(5)(a) above;
137 (b) Section 3.D.46.a.(5)(b) above;
13$ (c) Section 3.D.46.c.(3)(a) above; or
139 (d) Section 3.D.46.c.(3)(b) above.
140 The applicant shall provide justification of the waiver and submit a mitigation plan off -
14 setting the impact.
142 d. MU -L3 District and MU -H District.
143 (1) Use(s) Allowed. A convenience store is allowed as an accessory use to a gasoline
144 station.
145 (2) Setbacks.
146 (a) Building setbacks shall meet those required by the applicable zoning district.
14"+ (b) Canopy structure over the fuel pumps shall be located either to the side or rear
14$ of its associated principal building.
149 e. PID District This non - industrial use shall be allowed within the PID district
150 provided it is located on a lot with a Mixed Use (MU) land use option and at an intersection
15 . that would satisfy the location requirements of this note.
152 (1) Use(s) Allowed: A convenience store; auto /car wash, automotive, minor repair;
153 and automotive window tinting/stereo installation/alarms are allowed as accessory uses to
154 gasoline stations.
155 (2) Setbacks. Except for properties located within the Urban Commercial District
156 Overlay Zone, the following building setbacks shall apply to all structures on the property
15 including the primary structure, or any accessory structures such as car washes or above-
15 ground storage facilities.
159 (a) Building front (and side corner) - 35 feet;
160 (b) Building side - 20 feet;
16 (c) Building rear - 20 feet;
162 (d) Automated car wash. The entrance to an automatic car wash shall be setback no
16_, less than seventy -five (75) feet from the street in order to provide for an area of vehicular
16x- queuing (stacking). An accessory auto /car wash shall be fully automatic and recycle all
16$ water used in the car washing process.
166
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167 Section 3. All prior ordinances or resolutions or parts thereof in conflict herewith
163 are hereby repealed to the extent of such conflict.
16) Section 4. If any section, sentence, clause, or phrase of this Ordinance is held to be
17) invalid or unconstitutional by any court of competent jurisdiction, then said holding shall in no
171 way affect the validity of the remaining portions of this Ordinance.
172 Section 5. It is the intention of the City Commission of the City of Boynton Beach,
173 Florida, that the provisions of this Ordinance shall become and be made a part of the City of
171 Boynton Beach Code of Ordinances; and that the sections of this ordinance may be renumbered or
175 re- lettered and the word "ordinance" may be changed to "section," "article," or such other
175 appropriate word or phrase in order to accomplish such intentions.
177 Section 6. This Ordinance shall be effective immediately after adoption by the City
173 Commission on second reading.
17 ) FIRST READING this 20 day of October 2015.
18) SECOND, FINAL READING AND PASSAGE this #' day oft). , 2015.
181 CITY OF BOYNTON BEACH, FLORIDA
182
183 YES NO
184
185 Mayor — Jerry Taylor ./
185
187 Vice Mayor — Joe Casello
183
18) Commissioner — David T. Merker ,/
19)
191 Commissioner — Mack McCray ✓
192
19 3 Commissioner — Michael M. Fitzpatrick ✓
194
195
195 VOTE —5=0
197
193
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19' ATTEST:
201
20 '
: '„ �/
20 • .
20 C M. Prainito, MMC
20• Clerk
20.
20
20;
20' (` G e41
c ,,, ':-.'1.'
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EXHIBIT — Use Matrix Note 46
LDR Ch. 3, Art. IV, Sec. 3.D (Matrix Note No. 46)
46. Gasoline Station.
a. All Districts.
(1) Location. Gasoline stations, accept where otherwise allowed by these regulations, operating-as
are only allowed on properties located at 3 -way or 4 -way intersections involving arterial and
collector road rights -of -way consisting of four ('I) or morc lanes as designated by the Comprehensive Plan,
excluding local streets and alleys. Interchanges with I -95 are included as eligible intersections. Eligible
properties at an intersection with I -95 include the first parcel directly west or east of the toe embankment of
the I -95 interchange. This may also be defined as the first parcel with frontage on and access from the
arterial road that intersects with the I -95 right -of -way. A maximum of two (2) gasoline stations shall be
allowed at each intersection, .,- : : : . - - . A convenience store with retail gasoline sales
is considered to be a gasoline station and is therefore, restricted to these location requirements.
(2) Lot Size. Minimum lot size: thirty thousand (30,000) square feet.
(3) Frontage. Minimum street frontage: two hundred twenty -five (225) feet on each frontage
measured from the intersecting right -of -way lines of the public streets.
(4) Access.
(a) Only one (1) access driveway is allowed from each major street frontage. Driveways shall be
located a minimum of fifty (50) feet from the intersection unless county or state standards require a greater
distance;
(b) Driveways shall be a minimum of thirty (30) feet and a maximum of forty -five (45) feet in
width; and
(c) Driveways shall not be located less than thirty (30) feet from any interior property line.
(5) Setbacks.
(a) No canopy shall be located less than twenty (20) feet from any property line; and
(b) No gasoline pump island shall be located less than thirty (30) feet from any property line.
(6) Storage. No outside storage of materials, parts, and no overnight storage of vehicles outside.
(7) Design. Pursuant to Chapter 4, Article III, Section 3.G.4., all gasoline stations located on
designated out - parcels to shopping centers, business centers, or other planned commercial developments
shall conform in design to the approved design plan of the principal center.
(8) Landscaping. See landscaping standards in Chapter 4.
(9) Lighting. See lighting standards in Chapter 4.
(10) Except for where otherwise approved on a master sign program, gasoline stations shall only be
permitted to advertise on signage located within the property boundaries.
(11) Gasoline stations shall be permitted uses if located greater than two hundred (200) feet from a
boundary of a residential zoning district. Distances for the purpose of this subsection shall be measured from
the closest gasoline pump island or canopy of the gasoline station to the closest boundary of the residential or
mixed -use zoning district.
(12) A station existing prior to amendment of these regulations that is located on a lot that does not
conform to the property development regulations of the zoning district, as defined in Section 11 of this
Chapter, may be enlarged, expanded, reconstructed or restored without limitation based on percent of
property value, as long as the magnitude of the non - conformity is not worsened by the improvement.
b. C -2 District, C -3 District, and C -4 District.
(1) Use(s) Allowed: A convenience store; auto /car wash, automotive, minor repair; and automotive
window tinting/stereo installation/alarms are allowed as accessory uses to gasoline stations.
(2) Setbacks. Except for properties located within the Urban Commercial District Overlay Zone, the
following building setbacks shall apply to all structures on the property including the primary structure, or
any accessory structures such as car washes or above -ground storage facilities.
(a) Building front (and side corner) - 35 feet;
(b) Building side - 20 feet;
(c) Building rear - 20 feet;
(d) Automated car wash. The entrance to an automatic car wash shall be setback no less than
seventy -five (75) feet from the street in order to provide for an area of vehicular queuing (stacking). An
accessory auto /car wash shall be fully automatic and recycle all water used in the car washing process.
structure. Distances for the purpose of this subsection shall be measured from the closes
(3) Exceptions to requirement for location at intersections as stated above under section "a.(1) ".
When a gas station is accessory to a principal retail use and when all requirements applicable to the PCD
District are satisfied.
c. PCD District.
(1) Use(s) Allowed: A convenience store; auto /car wash, automotive, minor repair; and automotive
window tinting/stereo installation/alarms are allowed as accessory uses to gasoline stations.
(2) Setbacks. The following building setbacks shall apply to all structures on the property including
the primary structure, or any accessory structures such as car washes or above - ground storage facilities.
(a) Building front (and side corner) - 35 feet;
(b) Building side - 20 feet;
(c) Building rear - 20 feet;
(d) Automated car wash. The entrance to an automatic car wash shall be setback no less than
seventy -five (75) feet from the street in order to provide for an area of vehicular queuing (stacking). An
accessory auto /car wash shall be fully automatic and recycle all water used in the car washing process.
(3) Separation. (a) No gasoline pump island shall be located less than two hundred (200) feet from
any public right -of -way.
• . • - -- _
structure. Distances for the purposes of this subsection shall be measured from the closest gasoline pump
(4) Exceptions to requirement for location at intersections as stated above under section "a.(1) ". Uses
within the PCD District shall not be required to comply with the location standard described above in
Subsection "a.(1).
(5) Pre - existing uses. Gasoline stations that were in existence prior to the adoption of these
regulations shall not be deemed non - conforming to the corresponding site standards if located in compliance
with the location (intersection) standard stated above in section "a ".
(4 6) Relief from Standards. Waivers from the following standards may be granted in accordance
with Chapter 2, Article II by the City Commission for existing projects annexed into the city, when the
regulation cannot be fully complied with, but where the intent of the LDR is met:
(a) Section 3.D.46.a.(5)(a) above;
(b) Section 3.D.46.a.(5)(b) above;
(c) Section 3.D.46.c.(3)(a) above; or
(d) Section 3.D.46.c.(3)(b) above.
The applicant shall provide justification of the waiver and submit a mitigation plan off - setting the impact.
d. MU -L3 District and MU -H District.
(1) Use(s) Allowed. A convenience store is allowed as an accessory use to a gasoline station.
(2) Setbacks.
(a) Building setbacks shall meet those required by the applicable zoning district.
(b) Canopy structure over the fuel pumps shall be located either to the side or rear of its associated
principal building.
e. PID District This non - industrial use shall be allowed within the PID district provided it is
located on a lot with a Mixed Use (MU) land use option and at an intersection that would satisfy the location
requirements of this note.
(1) Use(s) Allowed: A convenience store; auto /car wash, automotive, minor repair; and automotive
window tinting /stereo installation/alarms are allowed as accessory uses to gasoline stations.
(2) Setbacks. Except for properties located within the Urban Commercial District Overlay Zone, the
following building setbacks shall apply to all structures on the property including the primary structure, or
any accessory structures such as car washes or above - ground storage facilities.
(a) Building front (and side corner) - 35 feet;
(b) Building side - 20 feet;
(c) Building rear - 20 feet;
(d) Automated car wash. The entrance to an automatic car wash shall be setback no less than
seventy -five (75) feet from the street in order to provide for an area of vehicular queuing (stacking). An
accessory auto /car wash shall be fully automatic and recycle all water used in the car washing process.
LDR Ch. 3, Art. IV, Sec. 3.D
Use Matrix (Table 3 -28).
Residential Commercial Mixed -Use Industrial Misc
P= - -
Permitted
C = CC1
Conditional < < 5
A = "F Q O. D
Accessory a Z c� M CO Q Ll = W
rx n: o: rx ., a L v U v cU a a a x
Electronics & P P P P P P
Appliance P 1 P P P P 10 14 14 14 P 22 28
Store
3 0
Florist P P 1 P 1 P P P P P P P PP PP
18 8 17 17 17 17 17 22 27
P
Fumiture & P P PP PP P 2
Home P I P P P P 10
furnishing 18
17 17 17 17 17 22 28
30
CC
Gasoline C C C
C46 16 6 C
Station 46 46 46 46
46 46
m
X
2
CO
C
(
Q)