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03-015 ORDINANCE NO. 03- 0 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA AMENDING LAND DEVELOPMENT REGULATIONS, CHAPTER 2 ZONING, SECTION 6.f. 1, TO INCLUDE RESIDENTIAL, SINGLE- FAMILY, ATTACHED USE AS A CONDITIONAL USE IN THE MIXED USE-HIGH INTENSITY (MU-H) ZONING DISTRICT; PROVIDING FOR CONFLICTS, SEVERABILITY, CODIFICATION AND AN EFFECTIVE DATE. WHEREAS, the City's Land Development Regulations were amended on June 18, 2002, to adopt zoning regulations for the Mixed Use zoning districts, which include Mixed Use-Low Intensity (MU-L) and Mixed Use-High Intensity (MU-H); and WHEREAS, this amendment will include residential, Single-Family, attached use as a conditional use in the Mixed Use-High Intensity (MU-H) zoning district; WHEREAS, the City Commission deems the adoption of this Ordinance to be in the best interests of the citizens and residents of the City of Boynton Beach, Florida; NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The foregoing whereas clauses are true and correct and are now ratified and confirmed by the City Commission. Section 2. That Chapter 2. Zoning Section 6.F. Mixed Use Zoning Districts, Table 6f-l, is hereby amended to include residential, Single-Family, attached use as a conditional use in the Mixed Use-High Intensity (MU-H) zoning district. See attached Exhibit "A". Section 3. 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 4.. All laws and ordinances applying to the City o£ Boynton Beach in conflict with any provisions of this ordinance are hereby repealed. Section 5. Should any section or provision o£ this Ordinance or any portion thereof be I eclared by a court of competent jurisdiction to be invalid, such decision shall not affect the \CA\Ordinances~LDR Changes~Amending LDR - Section 2 - MUH.doc remainder of this Ordinance. Section 6. Authority is hereby given to codify this Ordinance. Section 7. This Ordinance shall become effective immediately. FIRST READING this I~' day of April, 2003. SECOND, FINAL READING AND PASSAGE this (o day of I May, 2003. CITY 5h.f BO .YN/TO]~/BE35C/I--I, FLO,RIDA Commissioner ATTEST: ~.lerk 5:\CA\Ordinances\LDR ChangeskAmending LDR - Section 2 - MUH.doc TABLE 6F-1 SCHEDULE OF PERMITTED PRINCIPAL, ACCESSORY AND CONDITIONAL USES USE GROUP/USE MU-L ZONE MU-H ZONE Residential or Lodging Use Group Bed and Breakfast C N Hotel C P Home Occupation p p Mobile Home N N Motel N N Residential, Single Family Detached P N Residential, Single Family Attached P N '~ Residential, Multi-Family p p2 Boarding and Rooming House N N (except where provided by state law) Accessory Unit P N Community Facilities Use Group MU-L ZONE MU-H ZONE Government Office/Civic Center/Librar7 C N Recreation (outdoor) P N Museum p p House of Worship P~ N Police or Fire-Rescue Station p4 p Postal Center (retail sales only) C C Post Office p p Public Park p p Public Parking Lot or Garage p p 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~ Cu Medical or Dental Clinic p p Medical or Dental Office p p Physical Therapy Clinic p p Professional Business Office p p Veterinary Office or Clinic p0 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 pO pO Ammunition or Firearm Sale or Rental N N Animal Boarding or Kennel C N TABI,F, 6F-1 SCHEDULE OF PERMI'I'TED PRINCIPAL, ACCESSORY AND CONDITIONAL USES USE GROUP/USE MU-L ZONE MU-H ZONE Residential or Lodging Use Group Bcd and Breakfast C N H°tcl C p Home Occupation p p Mobile Home N N Motel N N Residential, Single Family Detached P N Residential, Single Family Attached P N-P Residential, Multi-Family p p2 Boarding and Rooming House N N (except where provided by state law) Accessory Unit P N Connnunity Facilities Use Group MU-L ZONE MU-H ZONE Government Office/Civic Center/Library C N Recreation (outdoor) P N Museum p p House of Worship p3 N Police or Fire-Rescue Station p4 p Postal Center (retail sales only) C C Post Office p P Public Park p P Public Parking Lot or Garage p p Office Use Group* MU-L ZONE MU-H ZONE * Not encouraged as a first floor use in the MU-H Zone Banks, Financial Institutions C9 C9 Medical or Dental Clinic p P Medical or Dental Office p p Physical Therapy Clinic p P Professional Business Office p p Veterinary Office or Clinic p6 N S:\CA\Ordinances\LDR ChangesLatmending LDR - Section 2 - MUH.doc USE GROUP/USE MU-L ZONE MU-H ZONE 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 p6 pa Ammnnition or Firearm Sale or Rental N N Animal Boarding or Ken~el C N S:\CA\Ordinances~LDR ChangesLa~mending LDR - Section 2 - MUH.doc