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ORDINANCE NO. 04- 0 ~1
AN ORDINANCE OF THE CITY OF BOYNTON BEACH,
FLORIDA AMENDING LAND DEVELOPMENT
REGULATIONS, CHAPTER 2 "ZONING", SECTION 5.
AND SECTION 11.C. PROVIDING FOR THE ADDITION
OF SUPPLEMENTAL REGULATIONS TO ESTABLISH
LOCATION, MINIMUM LOT AREA AND FRONTAGE,
LANDSCAPING AND CONDITONAL USE
REQUIREMENTS FOR NON-RESIDENTIAL USES
PROPOSED WITHIN SINGLE FAMII.Y ZONING
DISTRICTS; PROVIDING FOR CONFLICTS,
SEVERABILITY, CODIFICATION AND AN EFFECTIVE
DATE.
WHEREAS, staff has proposed amendments to the Land Development Regulations
intended to reduce potential negative impacts upon single family neighborhoods from non-
residential uses, which would add locational requirements, minimum lot size and frontage
standards, landscaping and buffering requirements, and the conditional use process for
selected non-residential uses proposed within any zoning district limited to single family
homes; and
WHEREAS, the City Commission, upon recommendation of staff, does hereby
deem it appropriate and in the best interests of the residents of the City of Boynton Beach to
approve the amendments to the Code as hereinafter set forth;
NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section 1. The foregoing whereas clause is true and correct and is now ratified
and confirmed by the City Commission.
Section 2. Chapter 2. "Zoning", Section 5. of the Land Development
Regulations of the City of Boynton Beach Code of Ordinances is hereby amended by adding
the words and figures in underlined type, and by deleting the words and figures in struck-
through type, as follows:
Section 5. Residential district regulations and use provisions.
A. R-I-AAA SINGLE-FAMILY RESIDENTIAL DISTRICT. These district
regulations will create the lowest population density of not more than 3.48 dwelling units
per acre.
1. Uses permitted. Within any R-l-AAA single-family residential district, no
building, structure, land or water shall be used except for one of the following uses:
a. Single-family dwellings including the garages and other customary
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accessory buildings. Carports are not allowed. Disaster shelters are permitted. The shelters
are to be used only for the designated purpose in times of danger.
b. Churches* and other places of worship~ with their attendant
accessory uses, including daycare and pre-school facilities* conformine with Section l I.C
(~<n,~,,,, foot front:me,~ Nurse.D
e. Pfim~ and second~ schools, se~nmes, colleges and
universities* conforming with Section 1 t.C hereinafter.
Section 3. Chapter 2. "Zoning", Section l l.C of the Land Development
Regulations of the City of Boynton Beach Code of Ordinances is hereby amended by adding
the words and figures in underlined type, and by deleting the words and figures in struck-
through type, as follows:
ll.C. Nt~Ve~v a~o ~w~ ~o~q~u~ ~n tTt~C NON-
RESIDENTIAL USES IN SI~ GLE-FAMIL5 ZONING DISTRICTS:
1. Day care and other preschool facilities shall comply with the state health
department and all other regulatory agency requirements
3. The following applies to facilities to be located within zoning districts limited to
single family homes:
a. Building design for nurser¥/preschool/daycare uses shall be consistent
with surrounding residential styles;
b. Located along the following roadway types as designated in the City of
Boynton Beach Comprehensive Plan: slate-arterials,,.,,~...,:~ .... ,., ~-,.-.-,~,"'~'4 ~ and count:,· collectors
c. Minimum site size fi)r day care and other preschool facilities shall be of
one-half (0.5) acre;
d. Minimum site size tbr primary and secondary schools, colleges.
seminaries, universities, churches and other places of worship shall be one (1) acre with a
minimum fronta_oe of one hundred fifty (150') feet.
d. e.__: Minimum separation requirement ...
~.. f. c;..:~.,. ~..,+'+-~ , ..... ~ ..... ~.,~; ..... r., ............... ;.,~ ......A minimum
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buffer width of five (5) feet and a landscaping barrier shall be required for all parking and
xehic!c use areas, and outdoor recreation areas that abut residential zoning districts
ap~l, ~,,, and4D__istances between outdoor play areas and adjacent single family homes shall be
maximized.
Section 4.
Regulations not
Each and every other provision of the Land Development
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.
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 August, 2004.
I-I dayof
CITY OF BOYNTON BEACH, FLORIDA
qtayor...a ,//'/~~~
~~Co ' er
A~EST: ~
S:XCAXOrdin~~ges~ev. non residential uses 080904.doc
SECOND, FINAL READING AND PASSAGE this __
August, 2004.