10-020
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1 ORDINANCE lO-t'?ltJ
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3 ORDINANCE OF THE CITY COMMISSION OF THE
4 CITY OF BOYNTON BEACH, FLORIDA AMENDING
5 PART III, "LAND DEVELOPMENT REGULATIONS",
6 ARTICLE II OF CHAPTER 1. "GENERAL
7 PROVISIONS", TO ADD A DEFINITION FOR DRY
8 CLEANERS AND DRY CLEANING PLANT AND
9 AMENDING CHAPTER 2. "ZONING", SECTIONS 6F
10 AND 6H TO ALLOW DRY CLEANERS WITHIN ALL
11 MIXED USE DISTRICTS AND REQUIRING
12 CONDITIONAL USE APPROV AL; PROVIDING FOR
13 CONFLICT, SEVERABILITY, INCLUSION; AND
14 EFFECTIVE DATE.
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16 WHEREAS, a dry cleaner is a permitted use in the SMU zoning district, provided that
17 it operates without cleaning or laundering clothing or garments on-site; and
18 WHEREAS, the proposed amendment would create a definition for dry cleaners and
19 dry cleaning plants and allow cleaning and laundering activities on the premises for dry
20 cleaning establishments located within mixed use districts, contingent upon conditional use
21 approval; and
22 WHEREAS, staff recommends eliminating the prohibition of cleaning or laundering
23 on-site for establishments located in mixed use districts and that the conditional use process
24 be required to ensure that any required exterior modification or alteration would have little or
25 no adverse impact or conflict with existing architectural design and quality; and
26 WHEREAS, a maximum size limitation of 2,000 square feet on these types of
27 facilities will help prevent the growth or conversion of each store to a more intense or
28 unintended use.
29 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
30 THE CITY OF BOYNTON BEACH, FLORIDA:
s.\c A\Ordinances\LDR Changes\Ord - Amend LDR Ch I and 2 (Dry Cleaners).doc
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1 Section 1. That the foregoing "WHEREAS" clause is true and correct and hereby
2 ratified and confirmed by the City Commission.
3 Section 2. That Part III, "Land Development Regulations", Chapter I, "General
4 Provisions", of the Code of Ordinances of the City of Boynton Beach is hereby amended by
5 amending Article II. "Definitions" to add the following two new terms and definitions:
6 DRY CLEANER - An establishment that dry cleans or launders articles of clothing
7 and garments that are deposited on the premises directly by the customer. The
8 cleaning and / or laundering of articles of clothing / garments may occur either on or
9 off the premises. The business is small-scale and not intended to perform as a dry
10 cleaning plant.
11 DRY CLEANING PLANT - An establishment that cleans fabrics, textiles, wearing
12 apparel, or articles of any sort. These establishments are typically not open to the
13 general public and primarily cater to a commercial and / or industrial clientele.
14
15 Section 3 That Part III, "Land Development Regulations", Chapter II, "Zoning", of
16 the Code of Ordinances of the City of Boynton Beach is hereby amended by amending Section
17 6FA Table 6F-l that reads as follows:
18 Chapter 2. Zoning, Section 6.FA Table 6F-l:
19
USE GROUP MU - L 1 MU-L2 MU-L3 MU-H
Dry Cleaner p. p' p' p'
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21
22 8 On-site drop-off and pick-up ealy is allowed as a permitted use; however, any
23 cleaning or laundering activities conducted on the premises requires conditional use
24 approval, and the floor area of such establishment cannot exceed 2,000 square feet.
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26 Section 4. That Part III, "Land Development Regulations", Chapter II, "Zoning", of
27 the Code of Ordinances of the City of Boynton Beach is hereby amended by amending Section
28 6H.3 Table 6H-l that reads as follows:
29 Chapter 2. Zoning, Section 6H.3 Table 6H-I:
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S.\CAIOrdinances\LDR Changes\Ord - Amend LDR Ch I and 2 (Dry Cleaners).doc
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I USE GROUP I SMU ZONE I
pl,4
Dry Cleaner
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2 2 Must be integrated into a commercial or mixed use development and any
3 single business, not to shall not exceed 30 percent of the gross floor area of the mixed
4 use development.
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6 4 On-site drop-off and pick-up ealy is allowed as a permitted use; however, any
7 cleaning or laundering activities conducted on the premises requires conditional use
8 approval, and the floor area of such establishment cannot exceed 2,000 square feet.
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11 Section 5. All prior ordinances or resolutions or parts thereof in conflict herewith are
12 hereby repealed to the extent of such conflict.
13 Section 6. If any section, sentence, clause, or phrase of this Ordinance is held to be
14 invalid or unconstitutional by any court of competent jurisdiction, then said holding shall in no
15 way aftect the validity of the remaining portions of this Ordinance.
16 Section 7. It is the intention of the City Commission of the City of Boynton Beach,
17 Florida, that the provisions of this Ordinance shall become and be made a part of the City of Boynton
18 Beach Code of Ordinances; and that the sections of this ordinance may be renumbered or relettered
19 and the word "ordinance" may be changed to "section," "article," or such other appropriate word or
20 phrase in order to accomplish such intentions.
21 Section 8. This Ordinance shall be effective immediately after adoption by the City
22 Commission.
23 [REMAINDER OF PAGE INTENTIONALL Y LEFT BLANK]
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I PASSED FIRST READING this 17 day of ~, 2010.
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2 SECOND AND FINAL READING ADOPTED this l day of~, 2010.
3 CITY OF BOYNTON BEACH, FLORIDA
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6 Mayor - Jose Ro guez
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23 ATTEST:
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