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O89-1789-/ AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, READOPTING THE PROVISIONS OF ORDINANCE' 89-12; ADOPTING REASONS AND FINDINGS FOR ZONING REGULATIONS RELATED TO ADULT ENTERTAINMENT ESTABLISHMENTS; AMENDING SECTION A - ZONING TO REDUCE DISTANCE REQUIREMENTS AND TO APPLY SAID DISTANCE REQUIREMENTS TO RESIDENTIAL ZONING DISTRICTS, PUBLIC USAGE DISTRICTS OR RECREATION DISTRICTS; PROVIDING FOR ADULT ENTERTAINMENT ESTABLISHMENTS AS PERMITTED USES WITHIN C-3, C-4, PID AND M-1 ZONING DISTRICTS; PROVIDING THAT EACH AND EVERY OTHER PROVISION OF APPENDIX A - ZONING NOT SPECIFICALLY AMENDED HEREIN SHALL REMAIN IN FULL FORCE AND EFFECT AS PREVIOUSLY ENACTED; PROVIDING FOR A CONFLICT CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING AUTHORITY TO CODIFY; PROVIDING AN EFFECTIVE DATE AND FOR OTHER PURPOSES. W~RREAS, Ordinance No. 89-12 was duly adopted by the City Commission of the City of Boynton Beach on Second Reading on May 16, 1989, and W~RREAS, The City Commission of Boynton Beach has deemed it to be in the best interest of its citizens to readvertise pursuant to Section 166.0413)(c), Florida Statutes, so as to remedy any potential technical defects which may have resulted by advertising Public Hearings for Ordinance No. 89-12, and WHEREAS, The City Commission of the 'City of Boynton Beach wishes to readopt the Legislative findings and various provisions of 89-12 contained herein, and WHEREAS, numerous studies have been conducted which identify the deleterious effects of adult entertainment businesses upon crime, retail trade, property values, and the quality of life in neighborhoods, commercial districts and the urban life in general, and WHEREAS, the most recent study conducted by the Palm Beach County Sheriff's Department related to adult entertainment bars, has made a similar link and has incorporated numerous findings from other jurisdictions and governmental agencies in this regard, and W~EREAS, to protect the health, safety and welfare of City residents, the City Commission has .authorized the enactment of zoning controls on adult entertainment activities to diffuse any deleterious effects of the concentration of these businesses; and W~EREAS, the adoption of these controls is the minimum necessary to protect the City's interest without unduly interfering with the rights of adult entertainment businesses operators to conduct business; and WHEREAS, it is the City Commission's intent to prevent crime, protect the City's retail trade, maintain property values, and generally protect and preserve the quality of this City's neighborhoods, commercial districts and the quality of urban life by implementing this Ordinance, and W~EREAS, The City Commission of the City of Boynton Beach specifically readopts the findings presented to it by the Palm Beach County Sheriff's Office at public hearing of May 16, 1989, which was conducted during the adopting of Ordinance No. 89-12, and W/~EREA~, the City Commission of the City of Boynton Beach specifically readopts and incorporates the Fi_ridings of Fact and Conclusions which have been compiled by the Palm Beach County Sheriff's Office by report dated April, 1988 which was incorporated in Ordinance No. 89-12 and which is similarly incorporated herein by reference and which shall be permanently on file with the City Clerk's office, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OFT HE CITY OF BOYNTON BEACH, AS FOLLOWS: Section 1. APPENDIX A - ZONING, of the codified Ordinances of the City of Boynton Beach, Section 1t. Supplemental Regulations. M. ADULT ENTERTAINMENT ESTABLISHMENTS; SPECIAL RESTRICTIONS. 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: M. ADULT ENTERTAINMENT ESTABLISHMENTS; RESTRICTIONS. 1. SPECIAL No adult entertainment establishment shall be located closer than one thousand ~we -h~e~ ~7~GG~ (1,000) feet from any other adult entertainment establishment measured from lot boundary to lot boundary along a straight airline route. No adult entertainment establishment shall be located closer than one thousand ~ve -h~e~ ~7~00~ (1,000) feet from any house of worship ~ residential zoning district, public usage district, recreation district, or school, measured from any lot boundary to lot boundary along a straight airline route. Section 2. That Appendix A - Zoning Section 6. Commercial district regulations and use provisions. C. C-3 COMMUNITY COMMERCIAL DISTRICT. 1. Uses permitted, is hereby amended to create a new sub-subsection bb. to read as follows: bb. Adult Entertainment Establishments. Section 3. That Appendix A - Zoning Section 6. Commercial district regulations and use provisions. D. C-4 GENERAL COMMERCIAL DISTRICT. 1.c. 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: 1. Uses permitted. c. Adult entertainment establishments, in accordance with section ll.M *. Section 4. That Appendix A - Zoning Section 7. Planned industrial development district. E. USES PERMITTED. 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: E. USES PERMITTED. In the PID, a building and its customary ancillary structures and land uses may be erected, altered and occupied for any office, professional, business (wholesale or retail) ~ adult entertainment in accordance with Section ll.M., or industrial use provided that such use or uses is (are) approved by the planning and zoning board. In approving uses in the PID, the planning and zoning board shall make findings that the use or uses proposed will not be in conflict with the performance standards listed in section 4.N of these zoning regulations, and that the use or uses proposed is (are) consistent with the intent and purpose of this section. In addition, uses permitted are subject to limitations as follows: Section 5. Appendix A - ZONING, Section 8. M-1. Industrial district regulations and use provisions. Section A. M-1 INDUSTRIAL DISTRICT, 2. Permitted uses subject to distance requirement, is amended by creating a new sub-subsection b.(8) to read as follows: b. Uses permitted. 8. Adult entertainment establishments, in accordance with section ll.M. Section 6. Each and every other provision of Appendix A - Zoning, of the Code of Ordinances of the City of Boynton Beach, Florida, not specifically amended herein shall remain in full force and effect as previously enacted. Section 7. That all ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed. Section 8. Should any section or provision of this ordinance or portion hereof, any paragraph, sentence~ or word be declared by a court.of competent jurisdiction to be invalid, such decision shall not affect the remainder of this ordinance. Section 9. Authority is hereby granted to codify said ordinance. Section 10. This ordinance shall become effective immediately upon passage. 1989. FIRST READING this day of 4 SECOND· FINAL READING and PASSAGE this ~~ay of · 1989.~F~F~_~T~~/~EACH, FLORIDA Vic~ ~r~y6F v -~ Con{missioner ATTEST: (Corporate Seal) Commissioner