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O00-55ORDINANCE NO. O 00-,,~',,~' AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA AMENDING LAND DEVELOPMENT REGULATIONS AS FOLLOWS: CHAPTER 1, ARTICLE II DEFINITIONS; CHAPTER 2, SECTION 6.C.1.; CHAPTER 2, SECTION 6.D.1. TO INCLUDE NIGHTCLUB; AND CHAPTER 2, SECTION 6 E. 1 B.; PROVIDING FOR CONFLICTS, SEVERABILITY, CODIFICATION AND AN EFFECTIVE DATE. WHEREAS, staff has recommended an amendment to the City's zoning code amend certain sections of the Land Development Regulations to clarify s of Restaurant, Bar or Cocktail lounge, and Nightclubs; and WHEREAS, upon recommendation of staff, the City Commission of the City Boynton Beach has deemed it to be in the best interests of the citizens and ~esidents of the City of Boynton Beach to amend the City's Land Development ulations to clarify definitions; NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF CITY OF BOYNTON BEACH, FLORIDA, THAT: .Section 1. The foregoing whereas clauses are true and correct and are now and confirmed by the City Commission. Section 2. That Chapter 1 General Provisions, Article II Definitions is hereby amended by adding the words and figures in underlined type, and by deleting the words and figures in struck-through type, as follows: BAR OR COCKTAIL LOUNGE - an establishment ' · .... ' '~' '"~ ',I se~M~-M-mea~ devoted primarily to the s~ervi~n.cl of beer, wine, or liquor,.o__r...any combination thereof, for on site consumption. The service of food shall be incidental to the service of atcoholic.beveraqes~. NIGHTCLUB - a restaurant, bar, lounge or similar establishment servin(t alcoholic beveraqes, that features dancinq, theatrical, cabaret, or similar .~ntertainment and/or electronically amplified music. RESTAURANT ' ~ for-ee~vi~ f"~l-cou~ basi ; , an+, - ' rage-lice,' ....... ~.om,:, ~,-,,-~,,-,,, An establishment an on site commercial kitchen where food and drink are prepared and served, are consumed pr~ at tables on site. A restaurant may serve alcoholic es as a secondary activity. Section 3. That Chapter 2. Section 6.C.1. is hereby amended by adding :he words and figures in underlined type, as follows: 1. Uses permitted. Within any C-3 community commercial district, no building, structure, land or water shall be used except for one (1) or more of the g uses: ~ll Ni.qhtclub* Section 4. That Chapter 2. Section 6.D.1. is hereby amended by adding words and figures in underlined type, as follows: 1. Uses permitted. Within any C-4 general commercial district, no building structure, land or water, shall be used, except for one (1) more of the following uses: k__. Nightclub* Section 4. That Chapter 2. Section 6.E. 1.b. is hereby amended by adding :he words and figures in underlined type and by deleting the words and figures in struck-through type, as follows: 1. Permitted and conditional uses. Within the central business district, no building, structure, land, or water, or portion thereof .... b. N_ightc.[ub_~* B_bars and cocktail lounges, excluding adult entertainment ~ments. .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. FIRST READING this _..,~z' day of Z_F~:~z~,~__,~, 2000. SECOND, FINAL READING AND PASSAGE this 2000. day of T; Mayor Pro Tem