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02-024so. 02- gS,' AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA AMENDING LAND DEVELOPMENT REGULATIONS, CHAPTER 2 ZONING, SECTION 6. CREATING A NEW SUBSECTION "F"; ESTABLISHING MIXED USE LOW INTENSITY (MU-L) AND MIXED USE HIGH INTENSITY (MU-H) ZONING DISTRICTS FOR THE PURPOSE OF IMPLEMENTING THE FEDERAL HIGHWAY CORRIDOR REDEVELOPMENT PLAN; RENUMBERING THE CURRENT SUBSECTION "F" AS SUBSECTION "G"; PROVDING FOR CONFLICTS, SEVERAB]I,ITY, CODIFICATION AND AN EFFECTIVE DATE. WHEREAS, the proposed addition of two Mixed Use zoning districts to Part )f the City of Boynton Beach Code of Ordinances is a staff-initiated amendment to the Development Regulations, which is consistent with the recommendations of the 'Federal Highway Corridor Community Redevelopment Plan", adopted by the City on 15, 2001; and WHEREAS, the City Commission deems the adoption of this Ordinance to be in best interests ofthe citizens and residents of the City of Boynton Beach, Florida; NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION THE 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 2. Zoning, Section 2, Section 6. by adding the words and figures in underlined type, as follows: "F" is hereby dstricts Intent and Purpose. The Mixed Use zoning districts allow for a diversity laneous uses on assembled parcels along the Federal be use, or other site plan review processes. ~ctives of the Mixed Use zoning districts are as follows: a. Support and enhance revitalization ,efforts in the CitY's traditional core area: b. Create maior new residential and mixed use areas in planned ~cations with appropriate densities, heights, and mixtUres of uses; c. Create optimal pedestrian environments through appropriate and desi ar circulation areas~ · . d. Allow flexibility in architeCtural design and building bulk; whik, ~ with adjoining development within th[: e. Create surrounding areas that complement rather than compete downtown; f. Create higher quality environments for residents, businesses~ and visitors. 2. Zoning Districts. The Mixed Use zoning districts shall be applied to areas identified on the City's Future Land Use Map, where a mixture and building densities is intended to carry out elements of the city':: includin~ goals in employment, population, transportation, housing, ublic facilities, and enVironmental quality. Regulations for the planning areas two zoning districts: Mixed Use-High Intensity (MU-H) and Mixed Intensity (MU-L). Permitted uses and associated standards for developmenl between the zoning districts, each reflecting the importance of the district's locatiof, relationship to the downtown area. Use zoning district may be located only on lands designated Mixed Use (MX) Use-Core (MX-C) on the City of Boynton Beach Future Land Use Map 3. Subdistricts established. .a.. MU-H (Mixed-Use-High Intensity) Zoning District. U~.fion_ ,f the M'i.xed-'Us~land use classii]cation, this zoning district shall only be to classified as Mixed Use-Core (MX-C) on the Future Land Use Map. district~riate_ for develo ments that rovide for hi h densit to retail commercial and office uses. The district allows a of one hundred-fifty (150) feet and a residential density of 80 dwelling that all new developments within this district that fi'ont on streets as "arterial roads" on the unctzonal Classification of Roadways Map" a of and residential uses. b. MU-L (Mixed-Use-Low Intensity) Zoning District. In order to n the City s traditional commercial core, the MU-I~ shall only be applied to lands peripheral to the downtown area and classified Mixed Use (MX) on the Future Land Use Map 2 ~he MU-L district .is appropriate for low- to mid-rise developments that provide for mediun, tensity residential uses. The district allows a maximum height 'of seventy-five (75) feet and :esidential density of 40 dwelling units per acre for mixed use r)rojects.. Building heights ~etween seventy-five (75) feet and one hundred (100) 'feet may be pemfitted if reviewed as :onditional use, The review of these applications will emphasize aesthetics and desi~,, luality, and physical compatibility with adjacent land uses~ All new mixed use developmeni.:; yithin this district shall front on streets designated as "arterial roads" on the "Functional ~ asso~cation of Roadwa~,s Map" (Federal Highway, Boynton Beach Boulevard, Ocem, ~venue and WOolbright Road) and contain a mixture of retail commercial, office anil 'esidential USes. Height restrictions and densities may be further limited in certah, ,reograPhic areas to further applicable redevelopment plans_ 4. Permitted Uses. The following table identifies the permitted, restricted and ~rohibited uses within the Mixed Use Zoning Districts. Uses are classified as Permitted ,,1),,; 2onditional "C" or "N". . Not Permitted Uses permitted with reStrictions are followed by a [umeral that corresponds to a footnote below the table. Each footnote explains restriction,,: tssociated with the use. The Plannin g and Zoning DireCtor Or designee shall'have liscreti0n to approve uses that are not specifiCally listed but are similar, to uses that are ~x ressl ermitted iroVided however such uses are nOt ex ressi identified as :onditionally permitted or not permitted in any zoning distrk:t within the Ci_ty TABLE 6F- 1 P~__~____CIPAL ACCESSORY AND CONDITIONAL USES _USE GROUP/USE MU-L ZONE .,MU-H ZONE _Residential or Lodging Use Group Bed and Breakfast C N Hotel -- -- Home Occu ation p P Mobile Home N Motel -- _ Residential Sin leFamil Detached N N P N Residential Sin leFamil Attached ~ P N Residential Multi-Famil ~ ~-~ ~'ded b state lawH°use - N ~ P N Government Office/Civic Center/~h,-o,-- -Museum p House of Worshi Police or Fire-Rescue Station ~ p Postal Center retailsalesonl C Post Offic__ e p_. p---'--- Public Park ..... p p Public Parkin Lot orGara e ~CA\OrdinanceskLDR ChangesLAmending LDR - Chapter 2 Section 6 Mixed Uses Revised MLR. doc USE GROUP/USE MU-L ZONE MU-H ZONE Office USe Group* MU-L ZONE MU-H ZONE * Not encouraged as a first floor use in the MU-H Zone Banks, Financial Institutions C___}9 C9 Medical or Dental Clinic p p Medical or Dental Office p p Physical Therapy Clinic ProfesSional Business Office p p Veterinary Office or Clinic p6 N Sales and General Commercial Use MU-L ZONE MU-H ZONE Group* * Where permitted within the MU-L Zone, only on lots fronting on major arterial roadways. Alcoholic Beverage Package Store p_._~6 p6 ... .Atmnunition or Firearm Sale or Rental N N Animal Boarding or Kennel C N Animal Grooming p p Animal Sales N N Antique Mall/Flea Market N N .Arts, Crafts, Hobby and Framing p p Auction HOuse N N AutomotiVe Parts Sales N N Automobile Sales with Display' p12 p12 Bakery, Retail p6 p6 Boat/Marine Sales/Rental N ?-5 Boat/Marine Accessories p6 p6 Bookstore p6 p---~ .Building Supplies or Materials N Bus Terminal N N New Clothing, Shoes or Accessories p6 p6 Boutique -- Contractor'S Office/Equipment Storage N N .Coffee ShoP p6 p6 .ConvenienCe StOre p--g p--~ .Custom FUrnishings and Antique Stores p-'-~ p-'-~ ~ p6 p'--~ Delicatessen p-~ p'-~ .Dive shop and Instruction as Accessory Use p?_ -~- Drug Store Or Pharmacy p~l p'-5 Gasoline Sales with/without Vehicle Service .C~° .Grocery Stoke, Supermarket p7 p7 :\CA\0rdinances~LDR Cl~anges~mending LDR - Chapter 2 Section 6 Mixed Uses Revised MLR. doc USE GROUP/USE MU-L ZONE .,MU-H ZONE Florist V__~ 1 P ~ Hardware Stor_e p6 p6 Health Food Store p~ p~- Home Improvement Centers -- -- Lumber _Yard N N Newsstand p6 p¥ Out_.doorStora e orDis la"- N ~- Parkin.. Lot forCommercial Vehicles_ _ N N Parkin- Lot orGarae Private Ownershi : C C Personal Watercraft Sales. Rental Service pg p~ Photo~ Studio and Photo a hic ~-e C6-- Restaurant, w/Drive T _hrt!. N N Restaurant Sit-Dow_n C p S ecialt-. Foods and Confections ~-g p6 ~ __ p6 p6 Tobacco Accessories p~' p6 V~tomizin , Detailin . -- ~ Service,PartsorRe_ _air -- N Vehicle or. MarineTrailer Sales Rentals, N Service Re airsand Stora:-e_ -- N Video Rental p6 Wh°les~_hous_e/Distribution I ~q6 __ Service Use Group ~~ ere ermltted within the MU-___ Zone onl on lots frontin on ma'or arterial roadw_a:s. ~B~bersho :/Beaut. Salon/Da:. _S:a ~ ~ p6 Dance Studio ~ Dressmaker or Tailo______ v. ~ ~.:_r -- Fitness Club_ Funeral Horn_e Labor Pool EstablishmEnts. Laundromat Medical Out atient Facilitv ~ Nurse --Preschool orChild Dw-c_are Nursin orConvalescent Ho_me ~ra 'e or Mini Warehouse ~,r >air pO Sou Kitchens/Substance abuse Centers/ ~ ChangeskAmending LDR - Chapter 2 Section 6 Mixed Uses Revised MLR. doc USF GROUP/USF,' Entertainment Use GrOup . Adult Entertainment .Bar, Cocktail Lounge Billiard Club/Bowling Alley/Indoor Recreation Facility Bingo Hall Fortune Teller ..._Movie Theater ~b ....Performing Arts Theater Private Clubs, Lodges and Fraternal .Organizations _AcceSsory Use Drive-Thru Facility (other than accessory_ use t:o financial institutions and restaurants) Notes: MU-L ZONE MU-L zONE C N .MU-L ZONE MU-H ZONE MU-H ZONE P -Mu-H zoNE Must be integrated into a mixed-use development that includes a non-residential component compromising a minimum of 30 percent of the gross floor area of tho entire development, constructed within the same structure in which the residential component is located. For those with frontage on an4 arterial road, allowed as a permitted use if the ground level floor frontin_g the arterial is devoted to office or retail uses. Otherwise use is a conditional use. Use shall be subiect to the following distance separation requirements from simila, .uses, measured in a straight line, using the shortest d/stance between pr°perth, lines: For uses with less than 5,000 square feet of gross floor area, 750 feet. For uses with a gross floor area equal to or greater than 5,000 gross Square feet, 1,500 feet. Subject to setback and buffering requirements as recommended by the Technical Review Committee. Maximum gross square footage of structure shall not exceed 2,500 square feet. Storage of postal vehicles prohibited. Must be integrated into a commercial or mixed use development and not exceed 30 percent of the gross floor area of the entire development, constructed within the same structure as the remaining commercial or mixed use development. Gross floor area of grocery store must be a minimum of 15,000 square feet and maximum of 30,000 square feet. On-site drop-off and pick-up only. Drive-thru facility, including stacking lanes, must be screened from public right-of way and requires conditional use approval. Ingress/egress shall not be from/to an arterial roadway. Shall ' ' of Chapter 2, Sec. 11.L., pertaining to retail sale o f gasoline or gasoline products. Not permitted on property with Federal Highway Frontage in the MU-L Zone unless consistent with restriction note number six (6_~. 2 Indoor storage/display shall not exceed 10,000 square feet. ;:\CA\Ordinances~LDR ChangeskAmending LDR - Chapter 2 Section 6 Mixed Uses Revised MLR. doc In conjunction with a permitted marina use. Storage/display allowed only in wel docks or indoor not to exceed 10,000 square feet. 5. Building and site regulations. Minimum Parcel Size Residential Or Lodging Use Group *or is mixed use~ t Detached Detached w/Acce: Attached d. Multi-F Community Facility Use Group All other Use Living Area f Detached other Residential ~artment * Size of all units must average 1,000 sq. ft, Minimum Lot FrOntage al Or Lod Use al ~ Detached f Attached al r Attached, Other Uses MU-L ZONE of at least 3 acres. 5,000 sq. ft. Unit 7,500 sq. ft. 7,500 sq. ft. ..15,000 sq. ft. no minimum 10,000 sq. ft ZONE 1,000 sq. ft. 750 sq. ft, 750 sq. ft. MU-L ZONE 50ft. 75 ft 25 ft 100 ft. 100 ft. MU-H ZONE 3 acres* no minimum 10,000 sq. ft, MU-H ZONE MU-H ZONE 100 ft. 100 ft. Maximum Height tl Or Lod al. al. Use ~ Detached Attached Attached MU-L ZONE 35 ft. 35 ft .35ft MU-H ZONE ChangesLAmending LDR - Chapter 2 Section 6 Mixed Uses Revised MLR. doc All Other Uses [ 75 fi. 2,2 150 fi. ~ hei at front property line is 45 ft. Add a minimum 10 ft. of stepback for every 50 ft. of height; increase to a maximum height of 100 ft. subject to conditions to minimize design and .and Use ' :( ~atibilities. dies to any fagade with "arterial roadway" frontage. to any fagade with street frontage. .Multiple story buildings are encouraged within the Federal Highway Corridor District~ >articularly along arterial roadways. The intent of this provision is to create the appearance, simulate the intensity of, a minimum two (2)-story building. PERVIOUS AREA ommtmitvFacility Use Group II ~vxu-u z~ul, q~ II MU-H ZONE ~ Lodging Use Group L .' ,R. eli~nti: _Or ~es!d, en!!a!, ~S!ng!e _Family Detached 40% -__ ~esidential, Single FamilY AttaChed -- ~11 Other uses 30% .__ 20% 15% I ~RONT YARD SETBACK II ~esidential Or Lodeing USe Group II MU-L ZONE II MU-H ZONE II ~cesidential, Single Family Detached build to line 10 ft.~ --_ /I ~esidential, single Family Attached build to line .10 ft.1 Z /I ~sidential, Muiti-Famil¥ build to line -- ft. 2 10 0-15 ft. II ~11 Other Uses includin g mixed use with a single-family 10 ft3 4 / ~ttached Component b~ild-t° line 0 ft or 0 fi or 10 ft. I Porches may be placed forward of the build to line and shall maintain a minimur,, 2 foot setback from any public sidewalk. Porches shall be placed outside of clea, .sight triangle. Minimum setback for a garage facing or accessing the street is 20 feet. Projecting feature(s) such as awnings, balconies, porches and/or stoops shall be placed forward of the build-to line and shall maintain a minimum 2-foot setback from any public sidewalk. One or more projecting feature(s) such as awnings,, balconies, colonnades porche:: and/or stOops required forward of the build-to line and shall maintain a minimum 5-fool clearance from any vehicular use area. Elements projecting over a pedestrian walkway shall allow a minimum 9-foot vertical clearance and 5 foot horizontal pedestrian clearance. Where intent is to widen, pedestn_'an walloJ~a~. &CA\Ordinances~LDR Changes~mending LDR - Chapter 2 Section 6 Mixed Uses Revised MLR. doc SDE YARD Residential Or Lod al Use Group ~ DetaChed, Interior Comer End , Single Family Attached (Duplex) Comer ~ Attached (Townhomes) End Comer Multi,Famil Other Uses acent to Residential Single Family Attached or in the MU-L Zone acent to Other Uses MU-L ZONE 6ft. 15 fl lOft. 15ft. lOft 15ft. 20 ft1 25ft.1 Oft.1 MU-H ZONE 0 fi~ Off. Off. plus one additional foot for each foot of height over 45 ft. where adjacent to a,, existing single-family detached dwelling, less width of right-of-way REAR YARD Residential Or Lodging Use Group All Residential, Where Yard is Adiacent to Intracoastal Residential f Detached ~ Attached Residential Multi.F; MU-L ZONE 25 ft. 7.5 ft. 7.5 ft. 25 ft. 2 MU-H ZONE 25 ft. Oft.1 All Other Uses Where Yard is acent to Intracoastal 25 ft. 0 ft. 1 Where Yard is Adjacent to Residential Single Family 25 ft. 2 25 ft. 2 Attached or Detached Where, is 'acent to All Other Uses .0 ft. 2 0 ft. 3 1 subiect to requirements of any permitting agency having jurisdiction over constmctio. abutting the Intracoastal Waterway. 2 plus one additional foot for each foot of height over 45 ft. where within or abutting the MU-L Zone ' 3 Fifteen (15) feet abutting a street, 10 feet abutting an alley. 6. Mixed Uses. Buildings containing residential and non-residential uses ar, uired within the MU-H zoning district for all properties fronting on arterial roadways, and ermitted and encouraged, within the MU-L zoning district and subject to the same s as "all other uses." Residential uses within miXed-use structures shall be located on the ground floor, which shall be reserved for nonresidential uses. Changes'u~'nending LDR - Chapter 2 Section 6 Mixed Uses Revised MLR. doc tential uses within mixed residential/nonresidential structures shall be evaluated fo, with residential uses located on upper floors, and shall demonstrate based use-type, construction materials, floor plan and site layout, and factors as determined appropriate given the type of use. 7. Building Pl~tcement, Massing & Orientation. Structures fronting on arterial within the MU-H and MU-L Zones shall occupy the entire width of the parcel they located upon, notwithstanding comer side setbacks and clearance needed for a drive that uired to access the rear of the property 8. Landscaping MU-H District. (1) Trees. All new construction in the MU-H District shall provide shade trees in the streetscape. · The trees selected shall be consistent with the established theme of the street, where appropriate. The City Forester will provide consultation on appropriate species. · Trunks shall be a minimum four (4) inch caliper and provide seven (7) feet of vertical clearance for visibility. · In instances where canopies of overhangs make it infeasible to plant trees, alternative means of providing landscaping for the sidewalk shall be utilized. · Upon inspection by the City Forester, any trees found to be in declining condition shall be replaced within thirty_ (30) days. b Tree Spacing · Trees shall be regularly spaced. The spacing of the trees shall be 20-25 feet on center. · Spacing may be modified by factors such as the placement of utilities, by property access points, sight lines at comers or by comer conditions. · Tree placement shall match the existing pattern, where appropriate. · Tree guards, fabricated to City specifications, shall be placed adjacent to the curb, where feasible. Tree Irrigation · Irrigation systems shall be installed to service all trees and other landscape materials. · Irrigation systems shall be in operable condition at all times Sidewalks · All new construction in the MU-H District shall provide new sidewalks. · Sidewalks shall be Holland-Stonepavers, red/charcoal color mix 2 by Paver S3~stems, Inc., or equal, laid in a 4 S herringbone pattern to continue the design elements in place along Federal Highway. :\CA\Ordinances~LDR ChangesXAmending LDR - Chapter 2 Section 6 Mixed Uses Revised MLR. doc eo Flower Containers To add color and soften sidewalk paving with plants, flower containers containing blooming annuals or perennials are encouraged to be planted and maintained along facades of new building fronting on arterial roadways in the MU-H District~ 9. Parking Requirements. Parking requirements for both the MU-H and MU-T, districts shall be as set forth by Chapter 2, Section 1 IH, of the Boynton Beach Land Code. Chapter 2, Section 11I shall apply only to the MU-H zoning district. a. On-site parking facilities shall be located to the rear or side of the are intended to serve and screened from view from public streets, [g other provisions of these regnlations that require a specific residential garage setback, and paragraphs 8d. and 8e. below, permitting understor7 parking The intent of this pro:~ision is that parking facilities not bo as viewed from the street(s) that serve(s) as the main orientation for the principal in order to emphasize buildings and pedestrian features and de-emphasizu facilities. In order to best achieve this objective, rear parking is preferable to sido Access to parking shall be from side streets not serving as the principal ~ main frontage when possible in order to minimize vehicle/pedestrian conflict,,: sidewalks resulting from driveway crossings b. Mixed-use developments may utilize the following parking based upon shared parking with different hours of use. The total requirement off-street shall be the highest of the requirement of the various use:; for the following five (5) separate time periods: weekdays (daytime, evening). (daytime, evening) and nighttime. For the purpose of calculating the requirem~,i. uses for the various separate time periods, the percent of parking required shall Office Retail Restaurant Entertainment Residential Weekday Daytime (6 a.m.- 5 p.m.) (Percent) 100 75 75 50 40 60 _Evening (5 p.m.- midnight) (Percent) Daytime .(6 a.m.- 5 p.m.) (Percent) 10 10 75 100 100 100 100 100 (Source: Urban Land Institute "Shared Parkir 75 100 90 ,100 g", 1983) Weekend Evening (5 p.m.- midnight) .(Percent) 5 5 70 5 .100 100 100 100 Nighttime (Midnight- 6 a.m.) (Percent) lO 100 c. Freestanding parking garages as part ora mixed use development arc within the MU-H Zone only. Within the MU-H Zone, freestanding parking garage,,; not exceed 75 feet in height~ and shall not have direct frontage on Boynton Beach Ocean Avenue or Federal Highway unless the portion of the garage abutting sai{I contains storefronts, restaurants or other permitted nonresidential uses on the first floor intent is to border or wrap the garage in storefronts and other permitted habitable flooi g:\CA\Ordinances~LDR ChangesLa~mending LDR - Chapter 2 Section 6 Mixed Uses Revised MLR.doc rea, so as to disguise the garage and create continuity in street-level activi _ty by maintaining ~terest for pedestrians and passing automobile traffic. Principal structures that include parking arages shall be designed to blend the architecture of the garage with the remainder of the :ructure to create the illusion that the garage is habitable floor space. d. Parking garages that are incorporated into the same structure asa principal building, including structures providing parking on lower floors and habitable space an upper floors, are permitted within the MU-H and MU-L Zones. Understory parking (on Lhe first floor of a structure) is permitted throughout the MU-H and MU-L Zones for multiple-floor buildings. Such first floor parking areas shall be screened from view by a living trellis (utilizing climbing vines) and/or architecturally articulated faCade designed to ~creen the parking area. e. In order to increase the efficiency of parking provision and vehicle :irculation, parking facilities shall be interconnected whenever possible. Parking facilities ~hall, wherever feasible, be designed for future connection to an adjoining parcel where an ~xisting connection Cannot be established. 10. Dumpster Location. Dumpsters shall be adequately screened from view in a harmer compatible with the surrounding environment. 11. Circulation. Development sites with frontage on Federal Highway, Ocean ~venue and BoVnton Beach Boulevard shall be designed to discourage mid-block street :rossings on theSe streets. 12. Signage. Chapter 21 shall govern signage within the Federal Highway 2orfidor District, Signs, of the Boynton Beach Land Development Code. 13. Density. The Comprehensive Plan shall regulate maximum density. 14. Definitions. The following are supplement definitions applicable only to the Mixed Use Zoning Districts, and therefore take precedence over definitions in other portion~ >f the Code in case of conflict. Accesso~_ apartment: a habitable living unit added to or created within a single- f'amily dwelling that provides basic requirements for living, sleeping, eating, cooking, and ~anitation. AccessorY apartments shall comprise no more than twenty-five percent (25%) of :he total floor area of the single-family dwelling and shall in no case be more than 750 square 7eet. Antique shops: any premises used for the sale or trading of articles of which eighty >ercent (80%) are over fifty (50) years old or have collectible value. AntiqUe shop does not include "seCondhand store". Child Care: an establishment that provides care, protection and supervision for :hildren on a regular basis away from their primary residence for less than 24 hours per day. I~he term does not include facilities operated in conjunction with an employment use or other ?rincipal activity, where children are cared for while parents or custodians are occupied on Ihe premises or in the irrrrnediate vicinity. Coffee house: an informal caf6 or restaurant primarily offering coffee, tea, and other g:\CA\Ordinances~LDR ChangesXArnending LDR - Chapter 2 Section 6 Mixed Uses Revised MLR. doc non-alcoholic beverages, and where light refreshments and limited menu meals may also be sold. Convenience Store: a small store near a residential area that stocks food and general goods and is open all or most of the day and night. Custom furnishings: home furniture and decorative objects built to a buyer's specifications. Cyber caf& a coffee house that provides patrons with computer terminals for browsing the Internet for a fee. Day Spa: spa facilities that have no overnight accommodations, but offer (an array of spa treatments administered by licensed and certified spa technicians) beauty, wellness and relaxation programs that may last from a few minutes up to a full day. Fortune-teller/Psychic: somebody who makes predictions about the future through methods including, but not limited to, astrology, palm reading, psychic abilities, crystal balls, ~arot cards, or examining tea leaves. Half-way House: A residential faciliW used to house individuals being transitioned from penal or other institutional custody back into the larger society. Hotel: a building, or part thereof, in which sleeping accommodations are offered to Ihe public, with no cooking facilities for use by the occupants, and in which there is a public :lining. room for the convenience of the guests. Access to the sleeping rooms shall be through m inside lobby and corridors. Landscaped Area: Open space area not occupied by any structures or impervious gurfaces, and landscaped with vegetative material and ground covers pursuant to the Boynton Beach Landscape Code. Medical outpatient facility: an establishment where patients who are not lodged >vernight are admitted for examination and treatment by a group of physicians, dentists, or ~ther health care professionals. Mixed Use Development: a combination of two or more uses on a single parcel. In :he Mixed Use-High zoning district this shall consist of a structure or series of structures :ontaining ground floor retail commercial with office uses and/or housing above. In the Mixed Use-Low Intensity zoning district, mixed-use can refer not only to uses within single )uildings, but to different uses mixed in close proximity in a single development. Motel: A building or group of buildings designed to provide sleeping ~ccommodations for transient or overnight guests. Each building shall contain a minimum of :en (10) residential units or rooms, which generally have direct access to a parking lot, street, trive, court, patio, etc. Newsstand: a stall, booth or store where newspapers and magazines are sold. Package liquor store: an establishment where alcoholic beverages are dispensed or sold in sealed containers for consumption off the premises. Recreation and Entertainment, Indoor: an establishment offering recreation and g:\CA\OrdinanceshLDR Changes~_mending LDR - Chapter 2 Section 6 Mixed Uses Revised MLR. doc to the general public within an enclosed building. Such uses include movie and billiard halls, game arcades (pinball, fitness centers, dance studios, court sports and swimming pools. Residential, Multi-Family: A building containing three (3) or more dwelling units cannot be classified as single-family attached. Residential, Single Family Attached: Two (2) or more one-family dwellings attached common vertical firewalls, whereby each unit has its own front and rear access to the and no unit is located over another unit. Examples of single-family attached and townhomes. Shelter: A facility, which is not a hotel or motel, used primarily for providing free or low-cost short-term lodging for individuals who would otherwise be homeless. Soup Kitchen: A facility providing free or very low-cost meals or distributing free or low-cost pre-packaged foodstuffs to the public as part of a charitable activity, program Substance Abuse Center: A facility used primarily for the treatment of individuals for or drug abuse. Section 3. Each and every other provision of the Land Development Regulations herein specifically amended, shall remain in full force and effect as originally adopted. Section 4. All laws and ordinances applying to the City of Boynton Beach in :onflict with any provisions of this ordinance are hereby repealed. Section 5. Should any section or provision of this Ordinance or any portion declared by a court of competent jurisdiction to be invalid, such decision shall not of this Ordinance. Section 6. Authority is hereby given to codify this Ordinance. Section 7. This Ordinance shall become effective immediately. FIRST READING this 2)/:/:~day of June, 2002. :\CA\Ordinances~LDR ChangesLAmending LDR - Chapter 2 Section 6 Mixed Uses Revised MLR.doc SECOND, FINAL READING AND PASSAGE this I lB day of June, 2002. ATTEST: Vice Mayor ;:\CA\Ordinances~LDR ChangesLAmending LDR - Chapter 2 Section 6 Mixed Uses Revised MLR. doc