18-013 1 ORDINANCE NO. 18- p\*
2
3 AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA
4 AMENDING LAND DEVELOPMENT REGULATIONS, CHAPTER 1,
5 ARTICLE II,"DEFINITIONS"; AMENDING CHAPTER 3,ARTICLE IV,
6 SECTION 3.D, TABLE 3-28, USE MATRIX AND NOTES #44 AND #45;
7 AMENDING CHAPTER 3, ARTICLE V, SECTION 5 AND SECTION 8,
8 TO INCREASE PROVISIONS FOR CONTRACTORS OFFICES,
9 OFFICES FOR CIVIC/FRATERNAL ORGANIZATIONS,THE SALE OF
10 RECREATIONAL BOATS AND VEHICLES, DIET AND NUTRITION
11 COUNSELING SERVICES, CREMATION SERVICES, TRUCK
12 RENTAL, AND THE SALES OF MOTOR VEHICLES
13 MANUFACTURED OR ASSEMBLED ON-SITE; PROVIDING FOR
14 CONFLICTS, SEVERABILITY, CODIFICATION AND AN EFFECTIVE
15 DATE.
16
17 WHEREAS, staff proposes a small group of amendments to the Terms and Definitions,
18 the Zoning Use Matrix, and Matrix Notes of the City's Land Development Regulations to
19 promote business growth in the City; and
20 WHEREAS,changes are deemed warranted to the use regulations as discovered through
21 public inquiries or from staffs independent findings; and
22 WHEREAS, staff is recommending approval of the proposed amendments as they are
23 intended to increase provisions for contractors offices, offices for civic/fraternal organizations,
24 the sale of recreational boats and vehicles, diet and nutrition counseling services, cremation
25 services, truck rental, and the sales of motor vehicles manufactured or assembled on-site; and
26 WHEREAS, the City Commission has considered the recommendations and has
27 determined and finds that it is in the best interest of the citizens and residents of the City of
28 Boynton Beach, Florida to approve the amendments to the Land Development Regulations as
29 contained herein.
30 NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
31 THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
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32 Section 1. The foregoing whereas clauses are true and correct and are now ratified and
33 confirmed by the City Commission.
34 Section 2. Chapter 1,Article II, Definitions of the Land Development Regulations of
35 the City of Boynton Beach Code of Ordinances is hereby amended as follows:
36 Chapter 1, Article II, Definitions.
37
38 ...
39
40 ART, BOOK, CRAFT, HOBBY, MUSIC, SPORTING GOOD, & TOY STORE - Establishments primarily
41 engaged in the retail sale (including accessory repair service) of one or more of the following: 1) art for retail sale
42 in art galleries;2)new books or magazines;3)craft and hobby items, including sewing machines and supplies,new
43 fabrics,patterns,yarns,needlework and the like;4)new compact and digital video disks, musical instruments, and
44 sheet music;5)sporting goods and supplies,including scuba equipment,bicycles,mopeds,and motor scooters(with
45 engines not exceeding 150 cubic centimeters);, camping equipment, boats, trailers and recreational vehicles; or 6)
46 toys. Any motorized moped or scooter with an engine in excess of 150 cubic centimeters is classified as a
47 "motorcycle" and regulated as a NEW or USED
48
49 "CIVIC& FRATERNAL CLUB/ORGANIZATION"-A registered association of persons for the promotion of
50 some non-profit common objective, involving literature, science, politics, or community service, which meets
51 periodically and is limited to members and guests.This use and/or establishment is primarily comprised of the office
52 function of the organization supporting administrative and business affairs,document storage and maintenance,and
53 meeting facilities for members and guests.
54
55 CONTRACTOR- A contractor undertakes trades of a type that are specialized to assist in building construction
56 and remodeling. This definition includes but is not limited to heating, air conditioning,plumbing,roofing,paving,
57 underground,and landscaping.This establishment is limited to the office and administrative function of a Contractor.
58 This would exclude the storing and operating of equipment and special purpose vehicles and/or trailers typically
59 used in providing services by the contractor, and not commonly used for general transportation purposes on a day-
60 to-day basis by employees. Such storage and operation is allowed at a Contractor's Workshop (See "Contractor's
61 Workshop").
62
63 CONTRACTOR'S WORKSHOP— The functions of a Contractor establishment An enclosed space used for
64 including the housing and/or operating of machinery, the provision of services, the fabrication of building-related
65 products,and interior storage. This may also include the administrative function of a Contractor.
66
67 CREMATORIUM — An establishment containing properly installed, certified apparatus used in the act of
68 cremation.
69
70 ESSENTIAL SERVICES AND INFRASTRUCTURE- Services and infrastructure provided by governmental
71 entity or public/private utility, such as underground, surface, or overhead electrical, gas, steam, water, sanitary
72 sewage, and stormwater drainage structures, which are necessary for the health, safety, and general welfare of the
73 public. This includes but is not necessarily limited to infrastructure and facilities intended to support a limited
74 service area of the City such as lift stations,district energy plants,and power substations.This use excludes wireless
75 communication facilities(WCF)as defined in the Land Development Regulations Chapter 3,Article V, Section 13.
76
77 FUNERAL HOME-An establishment engaged in preparing the dead(including pets)for burial or interment and
78 conducting funerals (i.e., providing facilities for wakes, arranging transportation for the dead, selling caskets and
79 related merchandise). This would include a crematorium as an allowable accessory use.
80
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81 PACKING & SHIPPING, TRUCKING, AND MOVING - An establishment primarily engaged in packing,
82 crating, and otherwise preparing goods for transportation. These establishments provide over-the-road
83 transportation of cargo using motor vehicles, such as trucks and tractor-trailers. Accessory to this use includes the
84 rental of moving trucks,trailers and related equipment and accessories.
85
86 STORAGE,SELF-SERVICE-An establishment engaged in the storage of personal property in facilities where
87 individual owners control individual storage bays. This use includes both limited-access and multi-access
88 facilities. Accessory to this use includes the retail sale of merchandise related to the packing, shipping/storing,and
89 moving of personal items,as well as the rental of moving vehicles,trailers and related accessories.
90
91 ...
92 Section 3. Chapter 3, Article IV, Section 3.D, Table 3-28 Use Matrix and Footnote
93 #44 and 45 of the Land Development Regulations of the City of Boynton Beach Code of
94 Ordinances is hereby amended as reflected in Exhibit"A" and as follows:
95 Chapter 3, Article IV, Sec. 3,Notes
96
97 Matrix Footnotes No. 44 and No. 45:
98
99 44. Auto Dealer, (New & Used).
100 a. C-4 district. Allowed only as a conditional use accessory to the repair or customizing of
101 motor vehicles. No outdoor storage of vehicles, for sale shall be permitted.
102 b. MU-L3 district and MU-H district.
103 (1) General. Indoor storage/display only and shall not exceed ten thousand (10,000)
104 square feet. This use excludes automotive, minor repair, and auto car/wash. Conditional use
105 approval shall be required if all or a portion of the inventory is located within a parking
106 garage/structure.
107 (2) Access. Shall not be directly from any major roadway.
108 (3) Storage. No outside storage of materials, parts, and vehicles.
109 (4) Design. Pursuant to Chapter 4, Article III, Section 3.A.7, overhead doors shall not
110 be visible from any major roadway frontage.
111 (5) Loudspeakers. No exterior loudspeakers or paging equipment shall be permitted on-
112 site.
113 c. M-1 district. Allowed only as a conditional use accessory to the repair,manufacturing,
114 assembling or customizing of motor vehicles. No outdoor storage of vehicles for sale shall be
115 permitted.
116 d. PID district. This non-industrial use is allowed within the PID district as a conditional
117 use. Also, within the Quantum Park PID such uses are limited to lots with an Industrial (I) use
118 option or Industrial/R(with retail sales) option. Vehicle inventories must be stored/displayed
119 indoors. A pre- existing business located on Quantum Park lots 77 through 80 is exempt from
120 the requirements relative to conditional use approval, outdoor storage or display of vehicle
121 inventories, and locating on lots with the "I" and "L'Retail" use options.
122
123 45. Boat Dealer/Rental.
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124 a. C-3 District. Boat dealer/rental, as a principal use, shall exclude the repair or service of
125 vessels on the premises. No outdoor storage of boats shall be permitted.
126 b. C-4 District. Conditional use approval shall be required if merchandise is to be stored
127 outdoors. Outdoor storage areas shall be adequately screened from abutting properties and
128 rights-of-way, with the exception that a single merchandise item may be visible from abutting
129 rights-of-way. The display must be in combination with project signage, and the setback,
130 landscaping and design of this site feature shall minimize the visual impact on the adjacent
131 roadway. If any vehicle use areas are not separated by an intervening building and visible from
132 an arterial roadway, right-of- way landscaping shall be in accordance with the City's Urban
133 Landscape Code except that the width shall be at least 10 feet, it shall include a berm, and
134 enhanced with additional plants selected and maintenance to facilitate, varying growth heights
135 to provide some screening of the space between the hedge material and tree canopies. The
136 landscaping required to represent "adequate" screening, as well as the appropriate design of the
137 merchandise display feature and right-of-way landscaping shall be determined as part of the
138 conditional use review process.
139 c. PCD District. Boat dealer/rental, as a principal use, shall exclude the repair or service of
140 vessels on the premises. No outdoor storage of boats shall be permitted. Inventories must be
141 stored/displayed indoors.
142 d. MU-4 District and MU-H District. Boat dealer/rental is allowed as an accessory use to
143 a marina but conditional use approval is required. No exterior loudspeakers or paging
144 equipment shall be permitted on-site. Storage/display allowed only in wet docks or indoor not
145 to exceed ten thousand (10,000) square feet. The sales, rental, service, repairs, and storage of
146 marine trailers are prohibited.
147 e. M-1 District. Allowed only as a conditional use accessory to the repair, manufacturing,
148 assembling or customizing of boats. Outdoor storage areas shall be adequately screened from
149 abutting properties and rights-of-way.
150 f. PID District. Required conditional use approval. Also, within the Quantum Park PID
151 such uses are limited to lots with an Industrial (I) use option or Industrial /R(with retail sales)
152 option. Inventories must be stored/displayed indoors.
153
154 Section 4. Chapter 3, Article V, Sections 5 and 8 of the Land Development
155 Regulations of the City of Boynton Beach Code of Ordinances is hereby amended as follows:
156 Sec. 5. Exterior Display of Merchandise.
157 A. Districts. The temporary exterior display of retail merchandise is allowed in all
158 commercial and mixed use zoning districts.
159 B. Type of Merchandise. The temporary exterior display of retail merchandise is allowed,
160 provided that said merchandise is sold by the operator of the respective business occupying the
161 establishment, and is of the same type of merchandise typically sold within the building.
162 C. On-Site Location. The temporary exterior display of retail merchandise shall be
163 completely contained within the boundaries of the subject property or leased parcel. Retail
164 merchandise shall be displayed on hard surfaces only and if placed within walkways, shall not
165 obstruct or impede pedestrian movement or cause noncompliance with ADA accessible route
166 requirements. Merchandise shall not be placed within easements, landscaped areas, required
167 off-street parking and vehicular use areas, rooftops, or anywhere that would create a hazard to
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168 the public. Any property owner desiring to display merchandise within off-street parking areas
169 would need to obtain a special sales event permit in accordance with Section 6 below.
170 D. Hours of Display. Retail merchandise shall be secured and stored inside a principal or
171 accessory building at the close of business hours, unless said merchandise is placed on-site
172 more than three hundred (300) feet from any arterial or collector street right-of-way and
173 complies with the location criteria of paragraph C. above or approved as part of a special sales
174 event, as described in Section 6 below. If abutting a local street, landscape buffering must meet
175 or exceed the minimum standards of Chapter 4, Article II to minimize any visual impacts upon
176 abutting right-of-way or nearby properties. In these instances, merchandise may remain
177 outdoors after business hours, contingent upon review and approval through the site plan
178 modification process.
179 E. Miscellaneous.
180 1 Live Plants. The exterior display of live plants in connection with a nursery, garden
181 center, and farm supply establishment is exempt from the three hundred (300)-foot distance
182 requirement of paragraph D. above and may remain outdoors after normal business hours
183 provided that its placement complies with the location criteria of paragraph C. above.
184 2. Seasonal Sales Event. See Section 7 below for additional regulation regarding the
185 seasonal sales event and the temporary exterior display of Christmas trees, pumpkins. and
186 fireworks.
187 3. Permanent Exterior Storage of Merchandise and Equipment. See Section 8 below for
188 the permanent exterior storage of retail merchandise or equipment.
189
190 . . .
191
192 Sec. 8. Permanent Exterior Storage of Merchandise and Equipment.
193 A. Purpose and Intent. The purpose and intent of these Regulations is to establish minimum
194 requirements for the permanent exterior storage of retail merchandise or equipment, in order to
195 discourage the exterior placement of said merchandise or equipment in an unsightly,
196 distracting, cluttered, or hazardous manner. These Regulations shall not supersede, but rather
197 supplement any specific regulations pertaining to the exterior storage of merchandise or
198 equipment as a principal use.
199 B. Districts. The permanent exterior storage of retail merchandise or equipment is allowed
200 in the C-3, C-4, PCD, PID, and M-1 zoning districts.
201 C. Site Plan Required. The area allocated for the permanent exterior storage of retail
202 merchandise or equipment shall be shown on the site plan in accordance with Chapter 2, Article
203 II, Section 2.F.
204 D. Type of Merchandise/Equipment. The permanent exterior storage of retail merchandise
205 or equipment is allowed, provided that said merchandiseiequipment is owned by the operator of
206 the respective business occupying the establishment, and is of the same type of merchandise or
207 equipment typically sold or stored within the principal building. No exterior storage of
208 building or construction materials shall be allowed anywhere, except for that which is stored in
209 connection with a lawfully operating business (e.g., CONTRACTOR) as provided for
210 in Chapter 3, Article IV, Section 3.
211 E. On-Site Location. Storage areas shall be completely contained within the boundaries of
212 the subject property or leased parcel.
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213 The permanent exterior storage areas shall be placed behind the front or side corner building
214 setbacks line where located in the C-3, C-4. and PID districts. This restriction shall also apply
215 to properties located along arterial or collector roadways when located in the M-1 districts.
216 1. Required Surface. In the C-3 and PID districts, the permanent exterior storage of retail
217 merchandise or equipment shall be placed on improved and hard surfaces only, including
218 vehicular use areas and excess off-street parking spaces..
219 2. Prohibitions. If placed within walkways, the permanent exterior storage areas shall not
220 obstruct or impede pedestrian movement or cause noncompliance with ADA accessible route
221 requirements. In addition, storage areas shall not:
222 a. Be placed within required off-street parking spaces;
223 b. Obstruct or impede vehicular movement;
224 c. Cause noncompliance with any of the off-street parking or vehicular use area
225 standards of Chapter 4; or
226 d. Abridge any easement rights without approval from the affected utility company or
227 the city and shall not be located within landscaped areas, rooftops, or otherwise create a hazard
228 to the public.
229 F. Size. The area allocated to the permanent exterior storage of retail merchandise or
230 equipment shall be restricted in size where properties are located within the following districts:
231 1. C-3 District. The size of the permanent outdoor storage area shall be limited to one
232 percent (1%) of the gross floor area of the principal building(s)/leased space.
233 An additional one percent (1%) of storage area(based upon the gross floor area of the leased
234 space/principal building(s) may be granted, subject to the approval of an administrative
235 adjustment. See Chapter 2, Article II, Section 4.A. for the administrative adjustment process.
236 2. PCD District and PID District. The size of the permanent outdoor storage area shall. be
237 limited to fifteen percent (15%) of the gross floor area of the principal building(s)/leased space.
238 G. Additional Screening. In the C 3, C 4, and PID districts, To further address potential
239 aesthetic impacts, where determined necessary due to type of merchandise or magnitude of off-
240 site visibility, the Planning & Zoning Director may require additional screening/buffering. the
241 . . . . . - - •. . •• . - . . -- - .
•
•
•
242 .. . .. - - • . - - ., : . . . . . . . This restriction
243 shall also apply to properties located along arterial or collector roadways within the M 1
244 district. Screening material, which may include walls, fences, or hedges, must result in an
245 . . - -• - . . . -- .. . . . - - - . .. . . . -
246 or rights of way.
247 A landscape barrier(in accordance with Chapter 4, Article II, Section 3.B. and Section 3.C.)
248 may be required in all instances where the outdoor storage area abuts an incompatible land use
249 or zoning district, and/or right of way.
250
251 Section.5. Each and every other provision of the Land Development Regulations not
252 herein specifically amended, shall remain in full force and effect as originally adopted.
253 Section 6. All laws and ordinances applying to the City of Boynton Beach in conflict
254 with any provisions of this ordinance are hereby repealed.
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255 Section 7. Should any section or provision of this Ordinance or any portion thereof
256 be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the
257 remainder of this Ordinance.
258 Section 8. Authority is hereby given to codify this Ordinance. The City Clerk is
259 directed to work with the Land Development Regulations publisher to consolidate this ordinance
260 and the exhibit for publication.
261 Section 9. This Ordinance shall become effective immediately.
262 FIRST READING this 19th day of June, 2018.
263 SECOND, FINAL READING AND PASSAGE this /75tday of ykke, , 2018.
264
265 CITY OF BOYNTON BEACH, FLORIDA
266
267 YES NO
268
•
269 Mayor— Steven B. Grant
270
271 Vice Mayor—Christina L. Romelus
272
273 Commissioner—Mack McCray /
274
275 Commissioner—Justin Katz
276
277 Commissioner—Joe Casello
278
279
280 VOTE 4-0
281
282 ATTEST:
283
284 /r�
285
286 Judit . Pyle, CMC
287 City,,; erk
288
289
290
291 (Corporate Seal)
292
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