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16-010ORDINANCE NO. 16 -010 1 � 1 E 1 1 1 1 1 1 1 2 2 AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA APPROVING AMENDMENTS TO THE LAND DEVELOPMENT REGULATIONS, CHAPTER 1, ARTICLE II ENTITLED "DEFINITIONS "; AND CHAPTER 3, ARTICLE IV, SECTION 3.1), "USE MATRIX" AND NOTES; PROVIDING FOR CONFLICTS, SEVERABILITY, CODIFICATION AND AN EFFECTIVE DATE. WHEREAS, the proposed amendment to the City's Zoning Regulations is intended to increase the opportunities for the sale of quality used merchandise by regulating consignment shops similar to antique stores by adding additional zoning districts where consignment shops are allowed and by increasing the maximum size standard applicable to consignment shops from 5,000 square feet to 25,000 square feet; and WHEREAS, in order to promote small scale businesses and shops along Ocean Avenue and in the downtown area, the amendment would also add the lower maximum size standard of 2,500 square feet to be applicable to both groups of used merchandise stores within the CRA; and WHEREAS, the City Commission finds it to be in the best interest of the citizens and residents of the City to approve the recommendations of staff and amend the Land Development Regulations as reflected herein. NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1 . The foregoing whereas clauses are true and correct and are now ratified 2�1 and confirmed by the City Commission. Section 2. Chapter 1, Article II of the Land Development Regulations entitled 0 "Definitions" is hereby amended as follows: 3 11 Definitions (LDR, Chapter 1, Article II): 3 1 MERCHANDISE, USED (ANTIQUE & CONSIGNMENT SHOP AND 3 5 BOOKSTORES) - An establishment primarily engaged in the retail sales of objects of 3 5 value, of which, are at least fifty (50) years old and /or collectibles that are desirable due to 3 7 rarity, condition, utility, or some other unique feature, or an establishment that principally 3 fl sells furniture and household furnishings under a consignment arrangement. 4 MERCHANDISE, USED (OTHER) - An establishment primarily engaged in the sale of 41 used merchandise, such as a clothing or books sue. "Merchandise used (other)" may also 41 include arry either of the following types of establishments: (1) 4 loaning money on the security of 4 pledges of personal property (pawnshop); or (32) merchandise principally donated (thrift 4 store). This classification does not include the sale of secondhand motor vehicles or parts. Section 3. Chapter 3, Article IV, Section 3.1) of the Land Development Regulations, Use Matrix Table 3 -28 (Excerpt) is hereby amended as follows: 501 ... 5�1 D. Use Matrix (Table 3 -28). See attached Exhibit "A" 5�1 Section 4. Chapter 3, Article IV, Section 3.D. of the Land Development 5�1 Regulations, Zoning Matrix Notes is hereby amended as follows: Zoning Matrix Notes (Part III of Code of Ordinances, LDR Ch.3, Art. IV, Sec 3.1) ©3® 6 52. Merchandise, Used (Antique & Consignment Shop and Bookstores Gross floor area 61 shall not exceed twenty five thousand (25,000) square feet except if proposed within the 6 Z Community Redevelopment Area, the maximum size is five thousand twenty five hundred 6 (5-,000 2,500 square feet. The maximum size may be increased up to ten thousand (10,000) 6 square feet if gpproved as a conditional use This size restriction shall prevail if it conflicts 6 with the size limit set by another applicable note. An auction house is allowed but only as an 6 accessory use qualifying under this paragraph to a lawful antique s a- 71 53. Merchandise, Used (Other). This establishment shall be limited to a maximum of five thousand (5,000) square feet of gross floor area except if proposed within the CommunitX Redevelopment Area, the maximum size is twenty five hundred (2,500 square feet.., and must be located a minimum distance of two thousand, four hundred (2,400) feet from another merchandise, used (other) or multiple- vendor market establishment, as measured by direct distance between property lines. The floor area of an existing merchandise, used (other) establishment shall not be expanded in instances where located less than the minimum separation requirement. All new applications to operate such uses or applications for building permits to expand such uses shall be accompanied by an affidavit certifying compliance with this restriction. Exterior storage and display in connection with such uses shall be prohibited. Section 5. Each and every other provision of the Land Development Regulations not herein specifically amended, shall remain in full force and effect as originally adopted. Section 6. All laws and ordinances applying to the City of Boynton Beach in conflict with any provisions of this ordinance are hereby repealed. Section 7. Should any section or provision of this Ordinance or any portion thereof be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the remainder of this Ordinance. Section 8. Authority is hereby given to codify this Ordinance. Section 9. This Ordinance shall become effective immediately on second. 3- 9 FIRST READING this 21 day of June, 2016. 9 SECOND, FINAL READING AND PASSAGE this day of , 2016. 9 CITY OF BOYNTON BEACH, FLORIDA 1 L X 9 9 9 9 10 10 10 10 10 10 10 10 10 10 11 11 11 11 11 11 11 11 11 11 Mayor — Steven B. Grant Vice Mayor — Mack McCray L/ Commissioner — Justin Katz Commissioner — Christina L. Romelus Commissioner — Joe Casello I/ VOTE ATTEST: a ac /-/) t111 Jth A. Pyle, CMC Irfterim City Clerk (Corporate Seal) 4- LDR Ch. 3, Art. IV, Sec. 3.D Use Matrix (Table 3 -28). Residential Commercial Mixed -Use Industrial Misc P= D � o I O N C (D � K n' a) r+ rD Permitted N X� C = t>a Conditional A= M Q Q a a x U Accessory ry � U - P� P. U U U U U P, v0 P P Auto Dealer, A 14 14 C New or Used 44 16 16 44 44 44 44 44 g g Auto Dealer 474 4-4 used 4-6 4-6 44 44 M X 2 D � o I O N C (D � K n' a) r+ rD -1 N X� EXHIBIT "B" — Definitions & Notes (Motor Vehicles) Definitions (Part III of Code of Ordinances — LDR, Ch. 1, Art. II) AUTO BROKER - Principally an office use primarily engaged in facilitating the retailing, leasing, or wholesaling of new or used automobiles, motorcycles, and light trucks; such as passenger and cargo vans and sport utility vehicles. Typical broker activities include but are not limited to the following: researching and locating a desired vehicle or buyer; price negotiations; processing the transaction, including securing the necessary financing; and arranging vehicle delivery. Unlike an "Auto Dealer," this use does not include on -site vehicle inventories. If a vehicles are is temporarily stored on -site during the transaction, a-H the vehicles must be stored indoors. AUTO DEALER, NEW OR USED - An establishment, licensed by the State of Florida, which is primarily engaged in retailing or leasing new or used automobiles, mopeds, scooters, and motorcycles (with engines in excess of one hundred fifty (15 0) cubic centimeters, and light trucks, including passenger and cargo vans and sport utility vehicles. Although it is common for Ddealers- operations to keep an on invepAor a rely upon the exterior display of vehicles and on -site transactions for- eustem -to peizuse, and buyer-s e u° +^~aril° pufehase th : ' e hiel es on the premises. given limited land availability, redevelopment. and economic development initiatives including concerns for visual impacts along main roadway corridors, the City's regulations limit the size and types of auto sales businesses by restricting them to the indoor storage and display of vehicles while accommodating those businesses that can operate using electronic sales resources and that are not dependent upon on -site visitation and sales. . .. . J W% . T M = - AIM p rctli�ac�— rn r sto o ry ......., .....,.4.,Fy is »..., ........ Zoning Matrix Notes (Part III of Code of Ordinances, LDR Ch. 3, Art. IV, Sec 3.D) 44. Auto Dealer, (New & Used). a C -4 district Allowed only as a conditional use accessory to the repair of motor vehicles. No outdoor storage of vehicles for sale shall be permitted. ab. MU -L3 district and MU -H district. (1) General. Indoor storage /display only and shall not exceed ten thousand (10,000) square feet. This use excludes automotive, minor repair, and auto car /wash. Conditional use approval shall be required if all or a portion of the inventory is located within a parking garage /structure. (2) Access. Shall not be directly from any major roadway. EXHIBIT "B" — Definitions & Notes (Motor Vehicles) (3) Storage. No outside storage of materials, parts, and vehicles. (4) Design. Pursuant to Chapter 4, Article III, Section 3 .A.7, overhead doors shall not be visible from any major roadway frontage. (5) Loudspeakers. No exterior loudspeakers or paging equipment shall be permitted on- site. c. M -1 district. Allowed only as a conditional use accessory to the repair of motor vehicles. No outdoor storage of vehicles for sale shall be permitted. bd. PID district. This non - industrial use is allowed within the PID district as a conditional use Also within the Quantum Park PID such uses are limited to lots with an Industrial (I ) use option or Industrial /R (with retail sales)option. Vehicle inventories must be stored/displayed indoors. exeept that all vehicles r,,,, v id e d it is A pre- existing business located on Quantum Park lots 77 through 80 is exempt from the requirements relative to conditional use approval, outdoor storage or display of vehicle inventories, and locating on lots with the "I" and "I/Retail" use options. 62. Automotive, Minor Repair. a. C -2 District. Automotive, minor repair is allowed as an accessory use to a gasoline station. Conditional use approval is required for this component of the establishment. b. C -3 District. (1) As an Accessory Use. Automotive, minor repair is allowed as an accessory use to a gas station and also to automobile rental, provided that the service and maintenance of the fleet vehicles is relegated to the rental operation and not open to the public. (2) As a Principal Use. Automotive, minor repair is allowed as a principal use, provided that it is located on a lot that is at least five (5) acres. The following restrictions shall also apply, where applicable: (a) On sites of greater than five (5) acres and less than seventy -five (75) acres, all such uses shall be located in either a principal building of a shopping center or in a subordinate, stand- alone building and /or outparcel within a commercial master plan, provided that the subordinate stand -alone building and /or outparcel within a commercial master plan is not located between the principal building and an adjoining right -of -way or between the principal building and abutting residentially zoned property. (b) On sites of greater than seventy -five (75) acres all such uses will be allowed to be located in a separate building in a shopping center. For the purpose of this section, motor vehicles shall mean only motorcycles, mopeds, passenger cars (a motor vehicle with motive power, except a multipurpose passenger vehicle or motorcycle, designed for carrying ten (10) persons or less), or multipurpose passenger vehicles (motor vehicle with motive power designed EXHIBIT "B" — Definitions & Notes (Motor Vehicles) to carry ten (10) persons or less which is constructed either on a truck chassis or with special features for occasional off -road operation). All repair and service of vehicles shall be done within an enclosed building. c. C -4 District. This use is allowed within the C -4 district but it shall not be located on a lot that fits en borders an arterial roadway. is a4lowed as an aeeesser -y relegate use to automobile rental, pr-evided that the seim -A"-d M - - AiRt.f.-.flanee ef the fleet vehiele to the rent opera and not ope t th u blie All repair functions must occur within enclosed buildings and exterior storage of vehicles in a damaged or disassembled condition must be adequately screened from rights of way and adjacent properties. f. PID District. Only allowed as an accessory use to a retail auto dealer, new or used. LDR Ch. 3, Art. IV, Sec. 3.D Use Matrix (Table 3 -28). Residential Commercial Mixed -Use Industrial Misc P= —I C� I C O 00 � O �_ Permitted r+ X� N C= W Conditional d ¢ d ?� a N a M a x Accessory N M U W U t� Q. 0.� U U U U P� P E P A A C Boat 45 P 45 16 45 45 Dealer/Rental 45 45 P P P Boat Repair 3 4-3 91 91 91 M X 2 —I C� I C O 00 � O �_ r+ X� N EXHIBIT "D" — Definitions & Notes ( Boats) Definitions (Part III of Code of Ordinances — LDR, Ch. 1, Art. II) BOAT DEALER/RENTAL - An establishment primarily engaged in retailing new and/or used boats, retailing new boats and selling replacement parts and accessories, renting boats, or a yacht brokerage business, including the display and temporary storage of boats on -site (customarily incidental to the principal use). A yacht broker that exclusively displays /stores boats off -site would be considered an office use. A boat dealer /rental excludes the repair or service of vessels on the premises BOAT REPAIR - A facility where boats are repaired, serviced, or customized o r detailed 13. General Note. This use is allowed, but it shall not be located on a lot that fronts on an arterial or collector roadway. 45. Boat Dealer/Rental. a. C -3 District Boat dealer /rental as a principal use shall exclude the repair or service of vessels on the premises No outdoor storage of boats shall be permitted. ab. C -4 District. u + ,a l i + 1 l t, l l 1TIICr�7 - use, t the rep air- vessels - Vrr th uL eenditional use approval is r-equir No exterior- loudspeaker-, -quipment shall be P ,.r..,;++ ^,1 en site Conditional use approval shall be required if merchandise is to be stored outdoors - and eOutdoor storage areas shall be adequately screened from abutting properties and rights of way- with the exception that a single merchandise item may be visible from abutting rights of way The display must be in combination with project signage and the setback, landscaping and design of this site feature shall minimize the visual impact on the adjac roadway. If any vehicle use areas are not separated by an intervening building and visible from an arterial roadwayy ht -of -way landsc ping shall be in accordance with the City's Urban Landscape Code except that the width shall be at least 10 feet it shall include a berm, and enhanced with additional plants selected and maintenance to facilitate varying growth heights to provide some screening of the space between the hedge material and tree canopies. The landscaping required to represent "adequate" screening as well as the appropriate design of the merchandise display feature and right -of -way landscaping shall be determined as part of the conditional use review process. c PCD District Boat dealer /rental as a principal use shall exclude the repair or service of vessels on the premises No outdoor storage of boats shall be permitted. Inventories mus be stored /displayed indoors. b MU -H District. Boat dealer /rental is allowed as an accessory use to a marina but conditional use approval is required. No exterior loudspeakers or paging equipment shall be permitted on -site. Storage /display allowed only in wet docks or indoor not to exceed ten thousand (10,000) square feet. The sales, rental, service, repairs, and storage of marine trailers are prohibited. EXHIBIT "D" — Definitions & Notes (Boats) e M -1 District Allowed only as a conditional use accessory to the repair of boats. Outdoor storage areas shall be adequately screened from abutting properties and rights -of -way. f PID District Requires conditional use approval. Also, within the Quantum Park PID such uses are limited to lots with an Industrial (1) use option or Industrial/R (with retail sales) option. Inventories must be stored /displayed indoors. 91. Boat Repair. a. Landscaping. All exterior (temporary) storage shall be adequately screened. Additional buffering may be required as recommended by the Director of Planning and Zoning to ensure compatibility. b C -4 District Shall not be located on a lot that borders an arterial roadway unless accessory to a Boat Dealer. No repair shall be allowed outside an enclosed structure, and exterior storage of boats and equipment must be adequately screened from adjacent rights -of -way and properties. be. M -1 District. N storage fb i n a vff eeked eenditi The exterior storage of boats or equipment must be adequately screened from adjacent rights -of -way and properties. er- tThe dry stacking of any boats shall be p ermitted prohibited d PID District Only allowed as an accessory use to a retail boat dealer.