22-006 1
2 ORDINANCE NO. 22-00(0
3
4
5 AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA
6 AMENDING THE LAND DEVELOPMENT REGULATIONS CHAPTER 1,
7 ARTICLE II. USE DEFINITIONS, CHAPTER 3. ZONING, AND CHAPTER 4,
8 ARTICLE V. MINIMUM OFF-STREET PARKING REQUIREMENTS THAT
9 ADDRESS MEDICAL CARE OR TESTING (IN-PATIENT), BEVERAGE
10 MANUFACTURING, MICRO-BREWERY, BREWPUB, TAPROOM
11 BREWERY, AND TAKE OUT RESTAURANT USES; PROVIDING FOR
12 CONFLICTS, SEVERABILITY, CODIFICATION AND AN EFFECTIVE DATE.
13
14
15 WHEREAS, the proposed amendments to Chapter 3 of the Land Development
16 Regulations promote business attraction and retention in the City by expanding locations
17 allowed for certain businesses, as well as through the addition of provisions for new uses not
18 currently allowed by the Zoning Regulations; and
19 WHEREAS, in addition, ancillary amendments are proposed which aid in the clarity of
20 existing regulations; and
21 WHEREAS, the City Commission of the City of Boynton Beach has considered the
22 recommendations and has determined that it is in the best interest of the citizens and
23 residents of the City of Boynton Beach, Florida to approve the amendments to the Land
24 Development Regulations as contained herein.
25 NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY
26 OF BOYNTON BEACH, FLORIDA, THAT:
27 Section 1. The foregoing whereas clauses are true and correct and are now ratified
28 and confirmed by the City Commission.
29 Section 2. City of Boynton Beach Land Development Regulations, Chapter 1,
30 "General Administration", Article II "Definitions"; Chapter 3, "Zoning", Article IV "Use
31 Regulations"; and Chapter 4, "Site Development Standards",Article "V", "Minimum Off-Street
32 Parking Requirements" are hereby amended as follows:
33 See Exhibit "A" (amended on second reading) attached hereto and
34 incorporated herein by reference.
S:\CA\Ordinances\LDR Changes\LDR Amendment (Ch 1,Ch 3 And Ch 4)(Amended On Second Read)-Ordinance.Docx
35
36 Section 3. Each and every other provision of the Land Development Regulations
37 not herein specifically amended, shall remain in full force and effect as originally adopted.
38 Section 4. All laws and ordinances applying to the City of Boynton Beach in
39 conflict with any provisions of this ordinance are hereby repealed.
40 Section 5. Should any section or provision of this Ordinance or any portion
41 thereof be declared by a court of competent jurisdiction to be invalid, such decision shall not
42 affect the remainder of this Ordinance.
43 Section 6. Authority is hereby given to codify this Ordinance.
44 Section 7. This Ordinance shall become effective immediately.
45 FIRST READING this 15th day of February, 2022.
46 SECOND, FINAL READING AND PASSAGE this 1st day of March, 2022.
47 CITY OF BOYNTON BEACH, FLORIDA
48 YES NO
49
50 Mayor—Steven B. Grant ✓
51
52 Vice Mayor—Woodrow L. Hay ✓
53
54 Commissioner—Justin Katz ✓
55
56 Commissioner—Christina L. Romelus ✓
57
58 Commissioner—Ty Penserga ✓
59
60 VOTE 5 -O
61 AU ST:
62
63 , c
64 C,71/4,--&‘"
stal Gibson, MMC
65 City Clerk
66
67 (Corporate Seal)
2
S:\CA\Ordinances\LDR Changes\LDR Amendment (Ch 1,Ch 3 And Ch 4)(Amended On Second Read)-Ordinance.Docx
PART III. LAND DEVELOPMENT REGULATIONS
CHAPTER 1. GENERAL ADMINISTRATION
ARTICLE II. DEFINITIONS
BEVERAGE MFG-An establishment primarily engaged in the manufacturing,purifying,bottling,and distribution of non-
alcoholic beverage products_, including ice and alcoholic beverages. This industrial use may include a subordinate
BREWERY -An establishment primarily engaged in the manufacturing, purifying, bottling, and distribution of alcoholic
beverage products. This industrial use may also include a subordinate commercial component such as a tasting room or
retail area that is open to the public.
BREWPUB-A restaurant(as defined by this section)that manufactures a maximum of 1,500 barrels of beer per year which
is consumed on-site.This use does not include any distribution of beer.
DISTILLERY—See Brewery.
MICRO-BREWERY - An establishment which combines on-site food service and manufacturing, & distribution of
alcoholic beverage products. These facilities are restricted to manufacturing a maximum of 3,000 barrels(or 93,000 gallons)
of alcohol per year. This use must include a commercial component such as a tasting room or retail area that is open to the
public.
MICRO-WINERY—See Micro-Brewery.
MICRO-DISTILLERY -See Micro-Brewery.
TAP-ROOM —A bar (as defined by this section) that manufactures a maximum of 1,500 barrels (or 46,500 gallons) of
alcohol per year which is consumed on-site.This use does not include any distribution.
WINERY—See Brewery.
CHAPTER 3.ZONING
ARTICLE W. USE REGULATIONS
Sec. 3. Use Regulations.
D. Use Matrix
Residential Commercial Mixed-Use Industri Misc
al
Permitted -- z -N w +- G7 n ct C C C ' p C n
d
a a a :. b .r
C=
Conditional
A=
Accessory
COMMERCIAL
Retail Sales
Brewpub PPPP PPPP PPP PPAA
2 58 58 58 58 17 17 17 17 17 17 58 27 20 20
58 58 58 58 58 58 58 58 58 21
58
Micro- ( CCCCCCCCCC
Brewery, 104 104 104 15. 17 17 17 17 17 104
Micro- 104 104 104 104 104 104
Winery.
Micro
Distillery
Tap-Room (' C C C C CCCC
14 14 16 I6
16 16
INDUSTRIAL
Brewery, C P P
Winery, ,, ' 26
Distillery
14. General Note. The subject use is only allowed on a lot that fronts on an arterial or collector street as defined in Part
III, Chapter 1, Article II of the LDR under definitions for "Street-Arterial" and "Street-Collector". Except for those use:,
providing Medical Care or Testing(In-patient) uses that are required to have Conditional Use approval, such uses shall be
limited to lots that front on an arterial roadway.
58. Restaurant and Brewpub.
a. All Districts. See Chapter 3, Article V, Supplemental Regulations regarding the sidewalk café permit.
b. C-1 District. A restaurant is allowed as accessory use to a business or professional office and/or a medical or
dental office but subject to the following conditions:
(1) Signage. No external signage for the restaurant use shall be allowed;
(2) Hours of operation shall be limited to coincide with the hours of operation of the principal use.
c. M-1 district. This non-industrial use is allowed within the M-1 district, provided that it 1) is located within a multiple-
tenant development on a lot that fronts on an arterial or collector roadway; 2)does not exceed two thousand,five hundred
(2,500) square feet; 3) excludes a drive-up, drive-through, or drive-in facility; and 4)complies with all off-street parking
requirements of Chapter 4,Article V. In addition, the sale of used merchandise is only allowed as accessory to the sale of
new merchandise.
59. Restaurant(Take-Out).
a. M-1 district.This non-industrial use is allowed within the M-1 district,provided that it 1)is located within a multiple-
tenant development on a lot that fronts on an arterial or collector roadway; 2)does not exceed two thousand, five hundred
(2,500) square feet; 3) excludes a drive up, drive-through; or drive-in facility;-a+4 4) complies with all off-street parking
requirements of Chapter 4,Article V;and 5)does not tender transactions on-site unless located on a lot that fronts an arterial
or collector roadway. . ... .•, •• . • . _ • • -•• • - • •• . . . . .__ . • . - . •• - _ _•
101. Medical Care or Testing(In-patient). Other requirements and site standards:
a. Conditional use approval shall be required if there exists less than a fifty (50) foot setback between the subject use
and an abutting residential or mixed use zoning district. This separation is intended to enable proper site design regarding
secured access,private outdoor patron amenities,buffering,and the like. Conditional Use approval may be waived for those
uses found exempt from the requirements of Items "b" and "c" below,that provide continuous client services designed or
programmed to conclude within a 24 hour period,and that operate in less than 5,000 square feet.
b. Site security shall be ensured through a minimum of surveillance cameras,limited and controlled access points,and
operational procedures to restrict unauthorized and/or unarranged accessing or exiting of the facility and/or property. This
subsection may be proven unnecessary based on the use or operation,surrounding land uses and/or site design.Justification
shall be provided to staff in conjunction with site plan review or when applying for Certificate of Use approval.
c. Privacy and access control shall be ensured through a minimum of perimeter fencing and landscape buffering
intended to support the objective to control access and increase privacy of areas intended for client or patient use. This
subsection may be proven unnecessary based on the use or operation,surrounding land uses and/or site design.Justification
shall be provided to staff in conjunction with site plan review or when applying for Certificate of Use approval.
d. In addition to the locational restriction of footnote No. 14 (arterial roadway frontage), allowed locations within the
CRA shall exclude Planning Areas #2, #3, and #4 as defined within the Federal Highway Corridor Community
Redevelopment Plan Update adopted in 2006, and the Boynton Beach Boulevard corridor. The intent of this standard is to
reserve certain areas within the CRA to those uses that contribute to,and enhance,the entries into the downtown,the fabric
of the streetscape,harmonious land use relationships,downtown retail and commerce,and other urban development efforts
that establish a sense of place along the key routes leading to, and within, the downtown pursuant to an adopted
redevelopment plan.
104. Micro-Brewery,Micro-Winery,Micro-Distillery.
a. All Districts
(1) Drive-up,drive-through, and/or drive-in facilities are not permitted.
(2) All business activities shall occur within a building with the exception of approved loading areas and permitted
outdoor seating.
(3) This use is required to have an approved delivery and loading area. The location of the delivery and loading area
shall be located at the rear of the property and/or behind the building as to not be visible from any right-of-way
(public or private)or residential property or use.
(4) The establishment must submit proof of required licensing and production quantities.
(5) A minimum of 50%of the beverages manufactured must be used for onsite consumption.
CHAPTER 4.SITE DEVELOPMENT STANDARDS
ARTICLE V.MINIMUM OFF-STREET PARKING REQUIREMENTS
Sec.2. Standards.
C. Table 4-18. Commercial and Office&Health Care Uses. Where a use is located in a shopping center,office building,
or office-retail complex,the parking space requirement for the shopping center,office building,or office-retail complex in
which it is located shall apply;except that where a theater is located in a shopping center the parking space requirement for
theaters shall apply for the seating or gross floor area of the theater(see"theater" in Section 3.D.below).
Commercial and Office&Health Care Uses Standard Number of Required Parking Spaces
Per square feet(unless expressed otherwise)
Building area is based upon gross floor area(in square feet)unless specifically expressed otherwise.
Any non-residential use(minimum): 4 or 1 per 200,whichever is greater'
Shopping center: 1 per 200
Office-retail complex: 1 per 200
Restaurant: 1 per 2.5 seats(no less than 1 per 100)2
Brewpub: 1 per 2.5 seats(no less than I per 100)2
Restaurant,Take Out": 1 per 300
Bar&night club: 1 per 2.5 seats (no less than 1 per 100)
Tap-room: 1 per 2.5 seats (no less than 1 per 100)
Micro-Brewery,Micro-Winery,Micro-Distillery: 1 per 500 of manufacturing area and 1 per 2.5
seats (no less than 1 per 100) for remaining
gross square footage.
Gasoline station: 1 per 2503
Grocery store: 1 per 200
Auto car wash(polishing,waxing,detailing)
Automated(no employees): N/A
Full-service: 4 per tunnel4
Auto car wash,self-service bay: 2 per bay
Auto/motorcycle/truck, trailer, rec. vehicle 1 per 5005
sales/rental:
Automotive,repair major and minor 1 per 250'
Automotive,repair(paint and body shops only): 1 per 3008
Boat dealer/rental: 1 per 5006
Coin-operated laundry or dry cleaner: 1 per 250
Copying,printing,or sign design: 1 per 300
Funeral home: 1 per 200
Pet care: 1 per 300
Bank and financial office: 1 per 250
Medical or dental office,imaging/testing: 1 per 200
Photography studio: 1 per 300
Personal care(beauty,hair,and nails): 1 per 100
Furniture and home furnishings: 1 per 500
Hospital: 1 per 2.5 beds
Taxi,limousine,and charter bus: 1 per 300
Nursery,garden,and farm supply: 1 per 2,000 of outdoor nursery area9
Travel agency: 1 per 300
Showroom warehouse(single-product line) 1 per 50010
Business/professional office not listed within this 1 per 300
subsection:
Establishments not listed elsewhere within this 1 per 200
subsection:
1 Non-residential:For the non-residential components of a mixed use project,parking shall be calculated at a minimum of
one(1)parking space for each two hundred(200)square feet of gross floor area.
2 Indoor child play areas shall be excluded for this purpose if such areas are designed/delineated separate from dining
areas and if twenty percent (20%) or less than the gross floor area of the restaurant. No additional parking spaces are
required for outdoor seats provided that the number of outdoor seats is twenty percent(20%)or less than the total number
of indoor seats.Additional parking spaces shall be required for outdoor seats in excess of this threshold.
3 The required queuing distance at pump islands shall be in accordance with Chapter 4,Article VI, Section 3.F. Gasoline
station establishments that contain"automotive,minor repair"shall provide for additional parking spaces(see"automotive,
minor repair").
4 Plus one(1)space per seventy-five(75)square feet of detail,washing,and waxing areas.
5 Plus required parking spaces for outdoor storage or display of vehicles for sale or for rent.
6 Plus one(1)space per ten thousand(10,000)square feet of paved or unpaved outdoor area used for the storage or display
of boats for sale or for rent.
7 One(1)space per two hundred fifty(250)square feet of gross floor area devoted to office,display of merchandise, and
waiting area. In addition,three(3)parking spaces are required for each service bay. The space within a service bay may
be counted towards satisfaction of the required parking. However,in no case shall less than four(4)outside parking spaces
be provided.
8 In addition, each overhead door and interior spray booth may be counted towards satisfaction of the required parking,
provided there is the minimum area(the size of a standard parking space)between an overhead door and an interior spray
booth. However, in no case shall less than four(4)outside parking spaces be provided.
9 Plus required parking for any retail floor area.
10 One(1)space per 500 square feet for first 10,000 square feet,then one(1)space per 1,000 square feet thereafter.
11 Take-Out Restaurants located in M-1 shall be one(1)space per 350 square feet of gross floor area.
E. Table 4-20. Industrial Uses.
Industrial Uses Standard Number of Required Parking Spaces
Building area size is based upon gross floor area(in square feet)unless specifically expressed otherwise.
Any non-residential use 4 or 1 per 200, whichever is greater'
(minimum):
Beverage and/or food 1 per 500 2
manufacturing:
Brewery, Distillery, Winery 1 per 500 2
Dry cleaning plants: 1 per 500
Publishing and commercial 1 per 500
printing:
Packing & shipping, 1 per 800
trucking, and moving:
Research &development, 1 per 300
scientific/technological:
Warehouse, wholesale,
distribution
Multi-tenant building, 1 per 5003
multi-use:
Single-tenant building, 1 per 8003
single-use:
Warehouse, dead-storage 1 per 1,000
Warehouse, internet sales 1 per 7004
Storage, self-service 1 per 75 bays5
(limited and multi-access):
Manufacturing and 1 per 500
industrial uses not listed
elsewhere:
1 Non-residential: For the non-residential components of a mixed use project, parking shall be calculated at a minimum
of one(1) parking space for each two hundred (200) square feet of gross floor area.
2 Plus one(1)space per 300 square feet for that portion of an accessory tasting room that exceeds 20% of the gross
floor area of the establishment. However, in no case shall the size of a tasting room equal or be greater than 50%of the
gross floor area.
3 Space allocated for accessory office use shall require parking at the ratio required for the principal use, provided that
the accessory office use does not exceed twenty percent(20%)of a single-tenant building or twenty percent(20%)of
each bay within multi-tenant buildings. Additional parking shall be required at a ratio of one(1) space per three hundred
(300)square feet for any accessory office floor area that exceeds twenty percent(20%)of the building/bay(s).
4 Plus one(1) space per five hundred (500) square feet of area devoted to showroom/auction room.
5 Plus one(1)space per three hundred (300) square feet of office space plus two (2) security spaces, if applicable.