09-034
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1 ORDINANCE NO. 09- 031
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3 AN ORDINANCE OF THE CITY OF BOYNTON BEACH,
4 FLORIDA AMENDING LAND DEVELOPMENT
:; REGULATIONS, CHAPTER 2, SECTION 11,
6 "SUPPLEMENTAL REGULATIONS", SUB-SECTION C,
7 "NON-RESIDENTIAL USES IN SINGLE-F AMIL Y
8 ZONING DISTRICTS", BY ADDING SUB-SECTION 4 TO
9 ALLOW IMPROVEMENTS AND EXPANSIONS OF PRE-
10 EXISTING PLACES OF WORSHIP, REQUIRE
II IMPROVEMENTS TO EXISTING FACILITIES ANI>
12 PROPERTIES AND ESTABLISH MAXIMUM LIMITS ON
13 FACILITY EXP ANSIONS; PROVIDING FOR
14 CONFLICTS, SEVERABILITY, CODIFICATION AND AN
I:; EFFECTIVE DATE.
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] 7 WHEREAS, Chapter 2, Section 11, "Supplemental Regulations", Sub-Section C.
18 "Non-Residential Uses Within Residential Zoning Districts" of the current zoning regulations
19 pleases restrictions and limitations on the development of non-residential uses within single-
20 t~lmily neighborhoods: and
21 WHEREAS, the City Commission has recently been made aware of the need to expand
..,.., an existing church within the Heart of Boynton Redevelopment Area, which is not allowed by
23 existing city regulations; and
24 WHEREAS, staff is recommending a code amendment that would allow for a desired
25 expansion of a church, while placing limits on ultimate facility expansions and requiring a
26 '! minimum building and site improvements that would contribute to the revitalization of existing
27 neighborhoods and the furthering of an adopted redevelopment plan: and
28 WHEREAS, the City Commission has considered staff's recommendations and reports,
29 and determines and finds that it would be appropriate to amend the Land Development
30 Regulations to reHeet this addition: and
31 WHEREAS, the City Commission finds that the adoption of this ordinance is in the
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I best interest of the health, safety, and welfare of the citizens and residents of the City of
2 Boynton Beach.
3 NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
4 THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
5 Section 1. The toregoing \vhereas clauses are true and correct and are now ratified
6 and confirmed by the City Commission,
7 Section 2. Chapter 2, Section ILl'. of the Land Development Regulations of the
8 City of Boynton Beach Code of Ordinances is hereby amended by adding section 4 as follows:
9 C. NON-RESIDENTIAL USES IN SINGLE-FAMIL Y ZONING
10 DISTRICTS
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12 4. Expansions and improvements to, and redevelopment of pre-existing places of
13 ' worship that do not meet the minimum lot standards of the zoning district, or the other
14 ; requirements of Section I J(C)(3) shall be allO\\'ed m accordance with the following
15 requirements:
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17 a. Improvements shall onIv be allowed if the subiect property was under proper
18 ownership prior to the adoption of these rc~ulations. Ownership shall be based on the records of
19 the ('ounty Property Appraiser's Office.
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21 b Rights-of-wav for primary acccss shall be adequate and improved Il1
22 accordance with ( Engineering Design Handbook and Construction Standards );
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24 c. The size of building improvements shall be allowed up to a maximum of
25 J 00% of the pre-existing area.
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27 d. Expansions that would increase operational space or capacity, shall require
28 that all existing parking areas and related landscaping meet the requirements of the City's Land
29 Development Regulations.
30
31 e. Parking requirement - Projects eligible for parking space reductions of the
" MLK 0\ erlay District, shall be required to meet a minimum of 75% of the space requirements
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33 indicated hv Chapter 2, Section 11 ( H)( I 5 ).
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35 f. Non-conforming and blighted conditions Expansions that ll1crease
36 operational space or capacitv shall require improvements to all existing facilities to raise them
37 to a similar appearanee level as the proposed improvements and additions. Sidewalks shall be
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1 added or improved where partially or totally absent along the boundary of the subject use. This
2 requirement shall apply to all parcels used to the support the principal use, including those lots
3 that abut the principal lot or that arc separated from the principal lot by other properties or
4 rights-of-way.
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6 g. Design - Additions or new facilities shall be designed to be compatible with
7 its surroundings and/or an adopted community redevelopment plan to further the historic and
8 architectural character of the neighborhood.
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10 I h. No newly proposed phvsical improvements other than a wall/fence or
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I landscaping shall be placed closer than 30 feet from a parcel containing, or zoned for a single-
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12 family residence.
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14 i. Any outdoor play areas shall he located a minimum of 30 feet from a parcel
I:; containing, or zoned for a single-family rcsidence.
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17 ' j. The foregoing conditions shall also applv to any repairs or reconstruction
18 required due to damage from fire, a maior storm cvent or other natural OCCUlTence.
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21 Section 3. Each and every other provision of the Land Development Regulations
22 not herein specifically amended, shall remain in full force and effect as originally adopted.
23 Section 4. All laws and ordinances applying to the City of Boynton Beach in
24 contlict with any provisions of this ordinance arc hereby repealed.
25 Section 5. Should any section or provision of this Ordinance or any portion thereof
26 be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the
27 remaindcr of this Ordinance.
28 S~ction 6. Authority is hereby given to codify this Ordinance
29 Scction 7. This ordinance shall become effective immediately.
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2 FIRST READING this ~I day of JIA-[Y___- 2009.
3 SECOND. FINAL READING AND PASSAGE this:t' day Of~liC:2009.
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) CITY OF BOYNTON BEACH. FLORIDA
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8 Mayor- J/rry T~lor
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10 "~~.j ~ ~.':-:? .~/~~~~~ ~~
II Vice Mayor Woodro,", L. H<\~. " -)
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I~ Commissioner. Ronald Weiland
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17 Com.m~oJler ~riguez
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20 Commissioner Marlene Ross
21 ATTEST
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~1 anet M. P;ainito.,' C /
~I' City Clerk
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31 (Corporate Seal)
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