16-011ORDINANCE NO. 16 -011
AN ORDINANCE OF THE CITY OF BOYNTON BEACH,
FLORIDA APPROVING AMENDMENTS TO THE LAND
DEVELOPMENT REGULATIONS, CHAPTER 1, ARTICLE II
ENTITLED "DEFINITIONS "; CHAPTER 3, ARTICLE IV,
SECTION 3.1), "USE MATRIX" AND NOTES TO INCREASE THE
LOCATIONS WHERE THE SALE AND REPAIR OF MOTOR
VEHICLES AND BOATS ARE ALLOWED; PROVIDING FOR
CONFLICTS, SEVERABILITY, CODIFICATION AND AN
EFFECTIVE DATE.
WHEREAS, the proposed amendments were prompted to support the City's local
small business service sector which constitutes 85% of all business establishments in the city
as well as to increase zoning provisions for water - dependent and water - related land uses;
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
2�1 THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section 1 . The foregoing whereas clauses are true and correct and are now ratified
and confirmed by the City Commission.
Section 2. Chapter 1, Article II of the Land Development Regulations entitled
2�1 "Definitions" is hereby amended as follows:
Definitions (LDR, Chapter 1, Article II):
3 AUTO BROKER - Principally an office use primarily engaged in facilitating the retailing,
3 leasing, or wholesaling of new or used automobiles, motorcycles, and light trucks; such as
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3 3 passenger and cargo vans and sport utility vehicles. Typical broker activities include but are
31 not limited to the following: researching and locating a desired vehicle or buyer; price
3 5 negotiations; processing the transaction, including securing the necessary financing; and
3 i arranging vehicle delivery. Unlike an "Auto Dealer," this use does not include on -site
3 vehicle inventories. If a vehicles are is temporarily stored on -site during the transaction, all
3 the vehicles must be stored indoors.
3 AUTO DEALER, NEW OR USED - An establishment, licensed by the State of Florida,
4 which is primarily engaged in retailing or leasing new or used automobiles, mopeds,
41 scooters, and motorcycles (with engines in excess of one hundred fifty (15 0) cubic
4 centimeters, and light trucks, including passenger and cargo vans and sport utility vehicles.
4 3 Although it is common for Odealers operations to keep an ^r ° rove ter-y a ~a rely upon
4 1 the exterior display of vehicles and on -site transactions or- e-tistemers -tom peruse, andbuyers
4 5 eustemaril pur- ehase the vehieles o n the r Zlll JeJ. given limited land availability,
4 5 redevelopment and economic development initiatives including concerns for visual impacts
4 7 along main roadway corridors the Ci 's regulations limit the size and types of auto sales
4 3 businesses by restricting them to the indoor storage and display of vehicles, while
4 accommodating those businesses that can operate using electronic sales resources and that
5 p are not dependent upon on -site visitation and sales.
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
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6 BOAT REPAIR - A facility where boats are repaired, serviced, or customized
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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
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6 BOAT REPAIR - A facility where boats are repaired, serviced, or customized
6 detailed
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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:
D. Use Matrix (Table 3 -28).
See attached Exhibits "A" (Motor Vehicles) and "C" (Boats)
Section 4. Chapter 3, Article IV, Section 3.D. of the Land Development
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)
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.
(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.
9 bd. PID district. This non - industrial use is allowed within the PID district as a
10 conditional use Also within the Quantum Park PID such uses are limited to lots with an
10 Industrial (I ) use option or Industrial /R (with retail sales)option. Vehicle inventories must be
10 stored/displUed indoors, exeept tI,..+ all v ehieles provided it is A pre- existing business
1001 located on Quantum Park lots 77 through 80 is exempt from the requirements relative to
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conditional use approval, outdoor storage or display of vehicle inventories, and locating on
lots with the "I" and "I /Retail" use options.
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10 62. Automotive, Minor Repair.
11 a. C -2 District. Automotive, minor repair is allowed as an accessory use to a gasoline
In station. Conditional use approval is required for this component of the establishment.
11 1 b. C -3 District.
11 (1) As an Accessory Use. Automotive, minor repair is allowed as an accessory use to
11 a gas station and also to automobile rental, provided that the service and maintenance of the
11 fleet vehicles is relegated to the rental operation and not open to the public.
11 (2) As a Principal Use. Automotive, minor repair is allowed as a principal use,
11 provided that it is located on a lot that is at least five (5) acres. The following restrictions
11 shall also apply, where applicable:
11 (a) On sites of greater than five (5) acres and less than seventy -five (75) acres, all
12 such uses shall be located in either a principal building of a shopping center or in a
12 subordinate, stand -alone building and /or outparcel within a commercial master plan,
12 Z provided that the subordinate stand -alone building and/or outparcel within a commercial
12 master plan is not located between the principal building and an adjoining right -of -way or
12 between the principal building and abutting residentially zoned property.
12 (b) On sites of greater than seventy -five (75) acres all such uses will be allowed to
125 be located in a separate building in a shopping center. For the purpose of this section, motor
127 vehicles shall mean only motorcycles, mopeds, passenger cars (a motor vehicle with motive
123 power, except a multipurpose passenger vehicle or motorcycle, designed for carrying ten
12 ) (10) persons or less), or multipurpose passenger vehicles (motor vehicle with motive power
13 ) designed to carry ten (10) persons or less which is constructed either on a truck chassis or
131 with special features for occasional off -road operation). All repair and service of vehicles
13 Z shall be done within an enclosed building.
13 3 c. C -4 District. Automotiv e,, n"�i ixvi I-F-F This use is allowed within the C -4 district
131 but it shall not be located on a lot that frees erg borders an arterial roadway. is allowed as
13 5 aeeessery use to automobile rental, pf&il that the se 4pee mand inn-apintenance of the fleet
13 5 Miles is r to the _ t r _a +_c_ and not epe t t h e ,,, bli All repair functions
.. ��� ... � .... ter° .. the
must occur within enclosed buildings and exterior storage of vehicles in a damaged or
13 disassembled condition must be adequately scre from rights of way and adiacent
13$I properties.
f. PID District. Only allowed as an accessory use to a retail auto dealer, new or used.
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14 fl 13. General Note. This use is allowed, but it shall not be located on a lot that fronts on an
14$1 arterial or collector roadway.
14�I 45. Boat Dealer /Rental.
14 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.
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14 ab. C -4 District. Beat dealen'r-ental as a pr use, shall exclude t h e , r -1
151) i=viee of vessels en the pr-emises. A boat dealefhei:Aal is allowed as an aeoessery use to
151 marina but conditional use approval is required. No exterier- loudspeaker V t'
15 equipment shal be re,., it4e,a o site. Conditional use approval shall be required if
15 merchandise is to be stored outdoors;. ax4-eOutdoor storage areas shall be adequately
15 screened from abutting properties and rights -of- way.., with the exception that a single
15 merchandise item may be visible from abutting rights -of -way. The display must be in
15 combination with project signage, and the setback, landscaping and design of this site
15 feature shall minimize the visual impact on the adjacent roadway. If any vehicle use areas
15 are not separated by an intervening building and visible from an arterial roadway, right -of-
15 way landscaping shall be in accordance with the City's Urban Landscape Code except that
16 the width shall be at least 10 feet it shall include a berm, and enhanced with additional
16 plants selected and maintenance to facilitate varying growth heights to provide some
16 screening of the space between the hedge material and tree canopies. The landscaping
16 required to represent "adequate" screening, as well as the appropriate design of the
16 merchandise display feature and right -of -way landscaping shall be determined as part of the
16 conditional use review process.
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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 must be stored/displayed indoors.
bd. 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.
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 (I) use option or Industrial /R (with retail
sales) option. Inventories must be stored /displayed indoors.
91. Boat Repair.
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18 a. Landscaping. All exterior (temporary) storage shall be adequately screened.
18 Additional buffering may be required as recommended by the Director of Planning and
18 Zoning to ensure compatibility.
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19 b. C -4 District. Shall not be located on a lot that borders an arterial roadway unless
19 accessory to a Boat Dealer. No repair shall be allowed outside an enclosed structure, and
19 exterior storage of boats and equipment must be adequately screened from adjacent rights -
19 of - and properties.
195 bc. M -1 District. N exter ;e,. storage of boats ; a � e nditi r The exterior
19 storage of boats or equipment must be adequately screened from adjacent rights -of -wad
19 properties.
193 sT- tThe dry stacking of any boats shall be wed prohibited
d. PID District. Only allowed as an accessory use to a retail boat dealer.
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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.
21b1 Section 8. Authority is hereby given to codify this Ordinance.
211 Section 9. This Ordinance shall become effective immediately on second.
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FIRST READING this 21" day of June, 2016.
SECOND, FINAL READING AND PASSAGE this 14 day of , 2016.
CITY OF BOYNTON BEACH, FLORIDA
YES NO
Mayor - Steven B. Grant
Vice Mayor - Mack McCray v --
Commissioner - Justin Katz G-°'
Commissioner - Christina L. Romelus VXI
Commissioner - Joe Casello
ATTEST:
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237 Ju th A. Pyle, CMC
233 In erim City Clerk
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(Corporate Seal)
VOTE <
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LDR Ch. 3, Art. IV, Sec. 3.D
Use Matrix (Table 3 -28).
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