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