155.4219. COMMERCIAL: MOTOR VEHICLE SALES AND SERVICE USES

A. Standards Applicable to Motor Vehicle Sales and Service Uses

1. Motor Vehicle Sales and Service uses that include service, repair, installation, and/or maintenance shall comply with the following standards:

a. In all Zoning Districts, no service, repair, installation, and/or maintenance shall be made except within garages or other buildings designed for these purposes.

b. A type B perimeter buffer shall be provided along all perimeters of the site except where a type C perimeter buffer is required by Section 155.5203.F, Perimeter Buffers;

c. The use shall be designed so that the front façade is in compliance with Section 155.5602.C.7, Fenestration/Transparency.

d. The use shall be designed to ensure proper functioning of the site as related to vehicle stacking, circulation, and turning movements.

e. No operation associated with the use shall occur in a manner that impedes the normal free flow of vehicular or pedestrian traffic on adjacent right-of-ways.

f. All vehicles, trucks, and trailers shall be maintained in a condition that they may be moved under their own power at any time except when the boat is under repair in garages, body shops, or other buildings.

g. Vehicles, trucks, and trailers shall not be stored as a source of parts.

h. Vehicles, trucks, and trailers that are repaired and awaiting removal shall be stored for no more than 30 consecutive days. Vehicles, trucks, and trailers abandoned by its lawful owner before or during the repair process may remain on site after the 30 day period, provided the owner or operator of the establishment demonstrates steps have been taken to remove the vehicle, truck, and trailer from the premises using the appropriate legal means.

2. Motor Vehicle Sales and Service uses that include the sale or rental of new or used vehicles, trucks, and trailers shall comply with the following standards:

a. Vehicle, truck, and trailer display pads may be located within a perimeter buffer provided they comply with the following standards:

i. The use shall not have more than one display pad for every 100 feet of street frontage.

ii. The display pads shall not exceed 500 square feet in area and may be elevated up to two feet above adjacent displays or grade level.

b. No vehicle, truck, and trailer shall be displayed on the top of a building.

c. Vehicles, trucks, and trailers may be displayed in a vehicular use area provided the parking spaces used for display shall not be eligible for compliance with Minimum Off-Street Parking requirements.

d. No materials for sale, other than vehicles, trucks and trailers, shall be displayed between the principal structure and the street.

B. Automotive Painting or Body Shop

1. Districts Where Permitted

RS-1

RS-2

RS-3

RS-4

RS-L

RD-1

RM-7

RM-12

RM-20

RM-30

RM-45

MH-12

B-1

B-2

B-3

B-4

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M-1

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I-1

I-IX

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M-2

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2. Definition

An automotive painting or body shop is a facility providing collision repair and painting services for automobiles, pick-up trucks, or trailers, including bodywork, framework, welding, and major painting and undercoating work.

C. Automotive Parts Sales without Installation

1. Districts Where Permitted

RS-1

RS-2

RS-3

RS-4

RS-L

RD-1

RM-7

RM-12

RM-20

RM-30

RM-45

MH-12

B-1

B-2

B-3

B-4

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M-1

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I-1

I-IX

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2. Definition

An automotive parts sales without installation use consists of the retail sale of various automobile parts and accessories, including but not limited to tires, brakes, batteries, audio systems, and lubricants such as engine oil. This use does not include the sale of gasoline or other fuels. This use does not include installation.

D. Automotive Parts Sales with Installation

1. Districts Where Permitted

RS-1

RS-2

RS-3

RS-4

RS-L

RD-1

RM-7

RM-12

RM-20

RM-30

RM-45

MH-12

B-1

B-2

B-3

B-4

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M-1

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I-1

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2. Definition

An automotive parts sales with installation use consists of the on-site sale and subsequent installation of various automobile parts and accessories, including but not limited to brakes, batteries, and audio systems. Such uses do not include the sale of gasoline or other fuels.

E. Automotive Repair and Maintenance Facility

1. Districts Where Permitted

RS-1

RS-2

RS-3

RS-4

RS-L

RD-1

RM-7

RM-12

RM-20

RM-30

RM-45

MH-12

B-1

B-2

B-3

B-4

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M-1

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I-1

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2. Definition

An automotive maintenance facility is an establishment primarily engaged in providing repair and maintenance services for automotive vehicles such as passenger cars, sports utility vehicles, pickup and other light trucks, small vans, and motorcycles. The use includes oil change and lubrication shops (which primarily engage in checking and changing motor oil and lubricating the chassis of automobiles), automotive glass shops (which primarily engage in replacing, repairing, and/or tinting the windows and other glass in automobiles), and general automotive repair garages or shops (which primarily engage in providing a wide range of mechanical and electrical repair and maintenance services for automotive vehicles, including diagnosing, rebuilding, or reconditioning of engines and other mechanical and electrical systems). This use does not include automotive painting or body shops or establishments primarily engaged in the repair and servicing of large trucks, recreational vehicles, and trailers (which typically have greater impacts on adjacent properties), or tire sales and mounting, muffler/transmission sales and installation, and automotive parts and installation uses (which combine retail sales with installation and servicing of automotive components).

F. Automotive Wrecker Service

1. Districts Where Permitted

RS-1

RS-2

RS-3

RS-4

RS-L

RD-1

RM-7

RM-12

RM-20

RM-30

RM-45

MH-12

B-1

B-2

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B-4

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M-1

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2. Definition

An automotive wrecker service is an establishment operated for the purpose of temporary storage on-site of towed and recovered motor vehicles, including operable, wrecked or inoperable motor vehicles. If an establishment regularly stores vehicles for more than 90 days, stacks vehicles, or dismantles or removes portions of the vehicles for resale, it shall be considered a salvage and junkyard.

3. Standards

An automotive wrecker service use shall comply with the following standards:

a. In the B-4 District, vehicles shall not be stored outdoors.

b. A type B perimeter buffer shall be provided along all perimeters of the site except where a type C perimeter buffer is required by Section 155.5203.F, Perimeter Buffers.

c. Vehicles shall not be stored outdoors for more than 90 days.

G. Battery Exchange Station

1. Districts Where Permitted

RS-1

RS-2

RS-3

RS-4

RS-L

RD-1

RM-7

RM-12

RM-20

RM-30

RM-45

MH-12

B-1

B-2

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B-4

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2. Definition

A battery exchange station is a facility that enables an electric vehicle with a swappable battery to use a drive-through lane and exchange a depleted battery for a fully charged battery through a fully automated process.

3. Standards

a. The use shall be designed to ensure proper functioning of the site as related to vehicle stacking, circulation, and turning movements.

b. No operation associated with the use shall occur in a manner that impedes the normal free flow of vehicular or pedestrian traffic on adjacent right-of-ways.

c. The use shall be designed so that any service bays are not visible from an adjoining street.

d. Canopies shall have a maximum clearance height of 14 feet above grade, except where state or federal law requires higher clearances.

H. Car Wash or Auto Detailing

1. Districts Where Permitted

RS-1

RS-2

RS-3

RS-4

RS-L

RD-1

RM-7

RM-12

RM-20

RM-30

RM-45

MH-12

B-1

B-2

B-3

B-4

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M-1

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I-1

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2. Definition

A car wash or auto detailing use is an establishment providing the washing of the exterior of vehicles where vehicles are manually driven or pulled by a conveyor through a system of rollers and/or brushes. Interior cleaning and/or drying may be conducted manually by vehicle operator or on-site attendants. Interior cleaning and/or drying may be conducted manually by the vehicle operator or on-site attendants.

3. Standards

A car wash or auto detailing use shall comply with the following standards:

a. The use shall be designed to ensure proper functioning of the site as related to vehicle stacking, circulation, and turning movements.

b. No overhead doors shall face the front lot line.

c. Each lane shall be covered with a permanent canopy which shall have a maximum clearance height of 14 feet above grade, except where state or federal law requires a higher clearance.

I. Gasoline Filling Station

1. Districts Where Permitted

RS-1

RS-2

RS-3

RS-4

RS-L

RD-1

RM-7

RM-12

RM-20

RM-30

RM-45

MH-12

B-1

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2. Definition

A gasoline filling station consists of buildings and premises where gasoline and similar fuels for automotive use are supplied and dispensed at retail (or in connection with a private operation where the general public is excluded from use of facilities). This use may also involve the sale of oils and greases, batteries, tires, automobile accessories, drinks, packaged foods, tobacco, and similar convenience goods for filling station customers, as accessory and incidental to principal operation.

3. Standards

A gasoline filling station use shall comply with the following standards:

a. If the gasoline filling station is located on a corner lot , the lot shall have an area of at least 30,000 square feet and a frontage of at least 200 feet on each street side. In all other cases, the lot shall have an area of at least 15,000 square feet and a lot width of at least 150 feet.

b. The gasoline filling station shall have no more than two vehicular access points. Access points shall be located at least 100 feet from any intersecting street rights-of-way and at least 15 feet from any other lot line, and shall be no more than 40 feet wide.

c. The gasoline filling station shall be designed to ensure safe and adequate vehicle stacking, circulation, and turning movements.

d. Gasoline pump canopies shall comply with the applicable standards in § 155.4303.E.3.

e. A lot containing a gasoline filling station shall be located at least 750 feet from a lot containing another gasoline filling station.

f. A clearly identified pedestrian route, distinguished by varied paving treatments, shall be provided between the fueling pumps and the primary pedestrian entrance(s) to the building(s).

J. New Automobile and Light Truck Sales

1. Districts Where Permitted

RS-1

RS-2

RS-3

RS-4

RS-L

RD-1

RM-7

RM-12

RM-20

RM-30

RM-45

MH-12

B-1

B-2

B-3

B-4

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M-1

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I-1

I-IX

OIP

M-2

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2. Definition

A new automobile and light truck sales use consists of premises on which new automobiles, light trucks, collector cars, motorcycles, mopeds, and golf carts in operating condition are displayed for sale or lease.

3. Standards

A new automobile and light truck sales use shall comply with the following standards:

a. New automobile and light truck sales agencies, excluding those that sell or lease collector cars, motorcycles, mopeds, and golf carts, may have accessory used car sales and auto service. Agencies that sell or lease collector cars, motorcycles, mopeds, and golf carts may have accessory auto service subject to Special Exception approval.

K. Used Automobile and Light Truck Sales with Indoor Display Only

1. Districts Where Permitted

RS-1

RS-2

RS-3

RS-4

RS-L

RD-1

RM-7

RM-12

RM-20

RM-30

RM-45

MH-12

B-1

B-2

B-3

B-4

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M-1

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2. Definition

A used automobile and light truck sales with indoor display only consists of premises on which used automobiles, light trucks, motorcycles, mopeds, and golf carts, in operating condition are displayed for sale or lease within a fully enclosed structure. This use does not include outdoor display, which is considered to be Used Automobile and Light Truck Sales with Outdoor Display.

L. Used Automobile and Light Truck Sales with Outdoor Display

1. Districts Where Permitted

RS-1

RS-2

RS-3

RS-4

RS-L

RD-1

RM-7

RM-12

RM-20

RM-30

RM-45

MH-12

B-1

B-2

B-3

B-4

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M-1

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I-1

I-IX

OIP

M-2

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2. Definition

A used automobile and light truck sales with outdoor display consists of premises on which used automobiles, light trucks, motorcycles, mopeds, and golf carts, in operating condition are stored and displayed for sale or lease outdoors.

M. Automobile and Light Truck Rental

1. Districts Where Permitted

RS-1

RS-2

RS-3

RS-4

RS-L

RD-1

RM-7

RM-12

RM-20

RM-30

RM-45

MH-12

B-1

B-2

B-3

B-4

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M-1

CR

I-1

I-IX

OIP

M-2

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2. Definition

An automobile/light truck rental use consists of premises on which automobiles and light trucks in operating condition are displayed for rental.

N. Muffler/Transmission Sales and Installation

1. Districts Where Permitted

RS-1

RS-2

RS-3

RS-4

RS-L

RD-1

RM-7

RM-12

RM-20

RM-30

RM-45

MH-12

B-1

B-2

B-3

B-4

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P

M-1

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I-1

I-IX

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2. Definition

A muffler/transmission sales and installation use is one that involves the on-site sale and subsequent installation of mufflers or transmissions on motor vehicles. Such uses do not include the sale of gasoline or other fuels.

O. Parking Deck or Garage (as a principal use)

1. Districts Where Permitted

RS-1

RS-2

RS-3

RS-4

RS-L

RD-1

RM-7

RM-12

RM-20

RM-30

RM-45

MH-12

B-1

B-2

B-3

B-4

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M-1

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I-1

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2. Definition

A parking deck or garage (as a principal use) is a structure used primarily for the temporary storage of motor vehicles, where such structure is the principal use of a lot as opposed to being accessory to the lot's principal use(s). The structure may be partially enclosed (parking deck) or fully enclosed or located underground (parking garage).

3. Standards

A parking deck or garage operated as a principal use shall comply with the following standards:

a. Parking shall be the principal use of the parking structure. Parking spaces may be rented for parking, and retail sales and service and office establishments may be located on the ground floor of the structure. No other business of any kind shall be conducted in the structure, including repair, servicing, washing, display, or storage of vehicles or other goods.

b. The parking deck or garage shall not be located within 50 feet of any Single-Family Residential (RS-) zoning district.

c. Where structural steel is used in construction of a parking deck or garage, long-term protection of steel framing, decking, or rebar from corrosion shall be provided through use of hot-dip galvanized steel, metallic thermal spray coatings, or paint coatings in accordance with ASTM standards.

P. Parking Lot (as a principal use)

1. Districts Where Permitted

RS-1

RS-2

RS-3

RS-4

RS-L

RD-1

RM-7

RM-12

RM-20

RM-30

RM-45

MH-12

B-1

B-2

B-3

B-4

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M-1

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I-IX

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2. Definition

A parking lot (as a principal use) is an off-street, hard-surfaced, ground level area used for the temporary storage of motor vehicles, where such area is the principal use of a lot as opposed to being accessory to the lot's principal use(s).

3. Standards

A parking lot operated as a principal use shall comply with the following standards:

a. Parking shall be the principal use of the parking lot. Parking spaces may be rented for parking, or otherwise used in accordance with an approved Temporary Use Permit or other permit from the city, but no other business of any kind shall be conducted on the lot, including repair, servicing, washing, display, or storage of vehicles or other goods.

b. The parking lot shall not be located within 50 feet of any Single-Family Residential (RS-) zoning district.

Q. Taxi or Limousine Service Facility

1. Districts Where Permitted

RS-1

RS-2

RS-3

RS-4

RS-L

RD-1

RM-7

RM-12

RM-20

RM-30

RM-45

MH-12

B-1

B-2

B-3

B-4

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M-1

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I-1

I-IX

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2. Definition

A taxi or limousine service facility is a service that offers transportation in passenger automobiles and vans to persons, including those who are handicapped, in return for remuneration. The business may include facilities for servicing, repairing, and fueling the taxicabs or limousines.

R. Tire Sales and Mounting

1. Districts Where Permitted

RS-1

RS-2

RS-3

RS-4

RS-L

RD-1

RM-7

RM-12

RM-20

RM-30

RM-45

MH-12

B-1

B-2

B-3

B-4

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M-1

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I-1

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2. Definition

A tire sales and mounting use is one that involves the on-site sale and subsequent mounting of tires on motor vehicles. Such uses do not include the sale of gasoline or other fuels.

S. Heavy Truck/Recreational Vehicle/Trailer Repair and Servicing

1. Districts Where Permitted

RS-1

RS-2

RS-3

RS-4

RS-L

RD-1

RM-7

RM-12

RM-20

RM-30

RM-45

MH-12

B-1

B-2

B-3

B-4

M-1

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I-1

I-IX

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2. Definition

A heavy truck/recreational vehicle/trailer repair and servicing use is an establishment primarily engaged in the general repair, rebuilding, or reconditioning of the engines and other parts of heavy trucks, recreational vehicles, and trailers.

T. Heavy Truck/Recreational Vehicle/Trailer Sales

1. Districts Where Permitted

RS-1

RS-2

RS-3

RS-4

RS-L

RD-1

RM-7

RM-12

RM-20

RM-30

RM-45

MH-12

B-1

B-2

B-3

B-4

M-1

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I-1

I-IX

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2. Definition

A heavy truck/recreational vehicle/trailer sales use consists of premises on which new and used heavy trucks, recreational vehicles, and trailers in operating condition are displayed for sale or lease.

3. Standards

A heavy truck/recreational vehicle/trailer sales use may have accessory service and repair.

U. Heavy Truck/Recreational Vehicle/Trailer Rental

1. Districts Where Permitted

RS-1

RS-2

RS-3

RS-4

RS-L

RD-1

RM-7

RM-12

RM-20

RM-30

RM-45

MH-12

B-1

B-2

B-3

B-4

S

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M-1

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I-1

I-IX

OIP

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2. Definition

A heavy truck/recreational vehicle/trailer rental use consists of premises on which heavy trucks, recreational vehicles, and trailers in operating condition are displayed for rental.

V. Limited Auto Dealership - Fleet Automobile Sales

1. Districts Where Permitted

RS-1

RS-2

RS-3

RS-4

RS-L

RD-1

RM-7

RM-12

RM-20

RM-30

RM-45

MH-12

B-1

B-2

B-3

B-4

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2. Definition

A limited auto dealership - fleet automobile sales use consists of premises on which fleet automobiles owned by a corporate entity for short-term rental purposes, are offered for sale.

3. Standards

A limited auto dealership - fleet automobile sales use shall comply with the following standards:

a. The minimum parcel size for such use shall be 0.75 acres;

b. Fleet automobiles offered for sale shall not be more than two model years old;

c. Fleet automobiles offered for sale shall have less than 35,000 miles on the odometer;

d. Fleet automobiles offered for sale shall be in good working condition such that they shall not be in any need of mechanical or auto body repair;

e. A 1,750 square foot minimum interior showroom area shall be provided for the display of fleet vehicles in addition to any outside display;

f. A limited auto dealership, fleet automobile sales use shall be located within one-half mile of a new automobile and light truck sale use;

g. The use shall not be permitted within the Community Redevelopment Agency (CRA) boundaries as established by Ordinance No. 90-9 and Resolution No. 2002-11. This prohibition shall survive the life of said CRA and shall be applicable currently, and in the future, to all areas that are located within said boundaries;

h. The use shall not be permitted within the Atlantic Boulevard Overlay (AOD) District boundaries as established by Ordinance No. 99-27 and amended;

i. The use shall not be permitted within the proposed East Transit Oriented Corridor (ETOC) land use designation boundaries, as approved at first reading during the June 28, 2016 City Commission meeting;

j. Accessory car washing, auto detailing, automotive repair, or automotive maintenance is subject to special exception approval. This requirement applies in addition to the special exception requirement for the principal use in the B-3 and B-4 districts; and

k. The use shall not be located within two miles of another limited auto dealership - fleet automobile sales use.

W. USED LUXURY AUTOMOBILE SALES WITH INDOOR/OUTDOOR DISPLAY

1. Districts Where Permitted

RS-1

RS-2

RS-3

RS-4

RS- L

RD-1

RM-7

RM-12

RM-20

RM-30

RM-45

MH-12

B-1

B-2

B-3

B-4

M-1

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I-1

I-IX

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BP	RPUD	PCD	PD-TO	LAC	PD-1
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2. Definition

A Used Luxury Automobile Sales with Indoor/Outdoor Display consists of on-site used luxury automobiles, where each vehicle shall have a value of, and shall be advertised and sold for no less than $75,000. Used luxury vehicles must be in operating condition and may be displayed for sale completely within a showroom or where the majority of vehicles are displayed outdoors with the remainder displayed within a showroom. All automobiles included in the category must provide increased levels of comfort, equipment, amenities, quality, performance, and associated status compared to moderately priced cars. Beginning with the year 2027, and every five (5) years thereafter, the requisite minimal $75,000 sale price shall automatically increase in accordance with any increase in the Consumer Price Index (CPI) for the five-year period.

3. Standards

a. The minimum parcel size shall be 1.0 acre.

b. A building with a minimum of 7,500 square feet and with a required minimum 1,200 square feet indoor showroom.

c. Outdoor display of vehicles shall not impede site circulation.

d. Type C buffer adjacent to residential property.

e. The use shall not be permitted within the Community Redevelopment Agency (CRA) boundaries as established by Ordinance No. 90-9 and Resolution No. 2002-11. This prohibition shall survive the life of said CRA and shall be applicable currently, and in the future, to all uses that are located within said boundaries.

f. The use shall not be permitted within the Atlantic Boulevard Overlay (AOD) district boundaries as established by Ordinance No. 99-27 and amended.

g. The use shall not be located within two miles of another Used Luxury Automobile Sales with Indoor/Outdoor Display use.

h. Compliance.

i. City Code Enforcement inspectors are authorized to enforce all standards required by this section. All businesses in the City classified under this section shall cooperate with Code Enforcement to demonstrate compliance with required standards as set forth above. Inspectors may request a list or report documenting all auto sales and selling prices for a prior 90-day period, up to four times per calendar year. Said information shall be provided within fourteen business days of any such request.

ii. Per section 162.09(2)(a), F.S., any violation of the standards required by this section shall be deemed irreparable or irreversible in nature upon a finding of violation at hearing before the City’s Special Magistrate, who may impose a fine of up to $5,000 per violation. More than two (2) violations within a calendar year of any required standard shall constitute grounds for revocation of the Zoning Use Certificate of the offending business, by the Special Magistrate following written notice to the business of a public hearing to be held for such purpose.

(Ord. 2012-64, passed 9-11-12; Am. Ord. 2013-37, passed 1-22-13; Am. Ord. 2013-73, passed 7-23-13; Am. Ord. 2013-82, passed 9-24-13; Am. Ord. 2014-16, passed 1-28-14; Am. Ord. 2015-75, passed 9-8-15; Am. Ord. 2017-24, passed 2-14-17; Am. Ord. 2018-18, passed 12-12-17; Am. Ord. 2019-17, passed 1-8-19; Am. Ord. 2022-71, passed 9-27-22)