03-016 I
ORDINANCE NO. 03- ~/~
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA AMENDING
CHAPTER 1, GENERAL PROVISIONS, ARTICLE II, OF
THE LAND DEVELOPMENT I~GULATIONS PROVIDING
FOR ADDITIONAL DEFINITIONS; AMENDING CHAPTER
2, ZONING, SECTION 6.C.l.m TO DISTINGUISH
BETWEEN I~DOOR AND OUTDOOR P~CREATIONAL
FACILITieS USES WITHIN THE C-3 DISTPdCT;
PROVIDING FOR CONFLICTS, SEVERABILITY,
CODIFICATION AND AN EFFECTIVE DATE.
WHEREAS, the City Commission, upon recommendation of staff, has determined
that it is necessary to clarify the Code of Ordinances to include additional definitions of
certain uses in connection with recreational facilities and to set forth more specific criteria for
.uch recreational facilities to be included as permitted uses in the C-3 Community
~Jommercial District;
WHEREAS, at its meeting of April 8, 2003, the Community Redevelopment Agency
of the City of Boynton Beach, Florida, recommended that the City Commission amend these
sections of the Code in the City's Land Development Regulations for purposes of clarification
md uniformity; and
WHEREAS, at its meeting of April 22, 2003, the City of Boynton Beach Planning
md Development Board recommended that the City Commission amend these sections of the
Code in the City's Land Development Regulations for purposes of clarification and
uniformity; and
WHEREAS, the City Commission of the City of Boynton Beach concurs with the
Planning and Development Board and finds that these code revisions are necessary and will
inure to the benefit of the citizens of Boynton Beach; and
NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
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Section 1. The foregoing whereas clauses are true and correct and are now ratified
and confirmed by the City Commission.
Section 2. That Chapter 1, General Provisions, Article II, Definitions, of the Land
Development Regulations of the City of Boynton Beach is hereby amended by adding the
~vords and figures in underlined type and by deleting the words and figures in struck-through
type, as follows:
ARTICLE II. DEFINITIONS.
ATHLETIC COMPETITIONS - Ai~mte~v and-p~sioiqal--o~n~4nNugi~g,-~t
limited -t~ Joo~itag,--cd'teer4c~lir~, dancer gymnasfies;, -mart-i~l-art-sr and- vei, es~ing:-. Any
(1) amateur and professional cheerleading, dance a nd g mastics e vent, o r (2) a ny
amateur or professional event, which involves physical contact between the
participants, provided the event is a sporting event recognized as an Olyrnpic sport by
the United States Olympic Committee.
AMUSEMENT ARCADE - A commercial establishment containing four (4) or more
video gaming, pinball, or similar player-operated amusement devices, in any
combination.
BILLIARD HALL - A commercial establishment containing more than two pool or
billiard tables for the use of patrons.
BOWLING ALLEY - A commercial establishment that devotes more than fifty
percent (50%) of its gross floor area to bowling lanes, equipment and ancillary public
areas.
GYMNASIUM/HEALTH CLUB - An establishment designed and equipped for the
conduct of sports, exercise, leisure time activities, or other customary and usual
recreational activities and operated either for profit or not-for-profit.
SHOOTING RANGE, INDOOR - A facility designed or used for shooting at targets
with rifles, pistols, arrow, or shotguns, and which is completely enclosed within a
building or structure.
SKATING RINK - A commercial establishment that provides facilities for
participant ice or roller skating which is completely enclosed within a building or
structure.
Section 3. That Chapter 2, Zoning, Section 6.C.l.m of the Land Development
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iRegulations of the City of Boynton Beach is deleted in its entirety and replaced with the
following:
Sec. 6. Commercial district regulations and use provisions.
C. C-3 COMMUNITY COMMERCIAL DISTRICT.
These district regulations are to encourage development of appropriate
intensive retail commercial facilities providing a wide range of goods and
services, located centrally and accommodating three (3) or four (4)
neighborhoods and located adjacent to at least one major thoroughfare.
1. Uses permitted. Within any C-3 community
commercial district, no building, structure, land or water shall e
used except for one (1) or more of the following uses:
a. Any use permitted in C-1 or C-2 districts, without
specific limitation on floor area.
m. Recreational facilities:
i. Indoor recreational facilities, including
nightclubs*, bowling alleys, billiard halls, health
clubs/gymnasiums, shooting ranges (indoor only), skating
rinks, and amusement arcades. B ars/lounges and musical
entertainment and athletic competitions* shall also be
accessory_ to the principal uses described in this section.
Indoor recreational facilities other than those which are
listed above shall be conditional uses(*).
ii. Outdoor recreational facilities, including, but not
limited to, golf courses, miniature golf courses, tennis clubs
and the like. Racetracks, go-cart tracks, and water slides
shall be prohibited.
Section 4. 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 5. All laws and ordinances applying to the City of Boynton Beach in
conflict with any provisions of this ordinance are hereby repealed.
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Section 6. 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 7. Authority is hereby given to codify this Ordinance.
Section 8. This Ordinance shall become effective immediately.
FIRST READING this ~ day of /'~ ct ~.3 ,2003.
SECOND, FINAL READING AND PASSAGE this day ~tJ ,
2003.
Vice Mayor
Commissioner
ATTEST:
City Cle~k'.~g'..~l~c/'~ ' ~'~.~
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