05-043
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ORDINANCE NO. 05- 043
AN ORDINANCE OF THE CITY OF BOYNTON BEACH,
FLORIDA AMENDING LAND DEVELOPMENT
REGULATIONS, CHAPTER 2 "ZONING", SECTION 6.F.
MIXED USE ZONING DISTRICTS TO ADD "HOTEL,
EXTENDED ST A Y" AS PERMITTED AND
CONDITIONAL USES AND AMEND THE DEFINITIONS
FOR "HOTEL" AND "HOTEL, EXTENDED STAY";
PROVIDING FOR CONFLICTS, SEVERABILITY,
CODIFICATION AND AN EFFECTIVE DATE.
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WHEREAS, the Land Development Regulations of the City of Boynton Beach
provide for the Mixed Use-High Intensity and Mixed Use-Low Intensity zoning districts; and
WHEREAS, both "hotel" and "boutique hotel" are included as allowable uses in the
Mixed Use High zoning district; and
WHEREAS, definitions for both "hotel" and "boutique hotel", as well as a definition
for "hotel, extended stay" are included in the definition section for the Mixed Use District as
provided in the City's Land Development Regulations; and
WHEREAS, although "hotel, extended stay" is included in the definition section,
"hotel, extended stay" is not listed in the Schedule of Permitted, Principal, Accessory and
Conditional Uses (Table 6.F.1); and
WHEREAS, the City Commission, upon recommendation of staff, and the
Community Redevelopment Agency, desires to amend the Land Development Regulations of
the City of Boynton Beach to provide amendments regarding the Mixed Use-High Intensity
(MU-H) and Mixed Use-Low Intensity (MU-L) zoning categories to provide for the inclusion
of "hotel, extended stay" as an authorized use, and to amend the definitions of hotel and hotel,
extended stay within the Mixed Use District;
WHEREAS, the City Commission finds that the amendments contained in this
ordinance are in the best interest of the health safety and welfare of the residents and citizens
of the City of Boynton Beach.
NO'''' THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
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The foregoing whereas clause is true and correct and is now ratified and
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Section 1.
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confirmed by the City Commission.
2 Section 2. Chapter 2. "Zoning", Section 6.F. of the Land Development
3 Regulations of the City of Boynton Beach Code of Ordinances is hereby amended by adding
4 the words and figures in underlined type, and by deleting the words and figures in struck-
5 through type, as follows:
6 Chapter 2, Section 6.F. Mixed Use Zoning Districts
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8 TABLE 6F-l
9 SCHEDULE OF PERMITTED PRINCIPAL, ACCESSORY AND CONDITIONAL USES
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USE GROUP/USE MU-L WNE MU-H WNE
Residential or Lodging Use Group
Bed and Breakfast C N
Boutique Hotel N C6
Hotel C P
Hotel Extended Stay C P
Home Occupation P P
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12 16. Definitions. The following are supplement definitions applicable only to the Mixed
13 Use Zoning Districts, and therefore take precedence over definitions in other portions of the Code in
14 case of conflict.
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17 Hotel: A building or portion thereof containing twenty (20) or more guest rooms, efficiency units or
18 suites designed for the temporary lodging of transient guests rented on a daily basis and occupied Qy
19 the same occupant for less than thirty (30) consecutive days. Ancillary facilities may include
20 conference facilities, restaurants, bars, recreation facilities, ballrooms, banquet rooms and meeting
21 rooms. Access to the guest quarters shall be through an inside lobby and corridors or from an exterior
22 court which is within a secured area. The hotel rooms may be under single ownership or mav be
23 owned individuallv, provided all rooms are under single management, which provides for central
24 reservations and maid services, and receipt and disbursement of kevs and mail by the attendant at the
25 desk in the lobby or office. No hotel unit shall be converted to or used as a multifamilv dwelling
26 without the prior approval of the City Commission and compliance with all applicable land
27 development regulations and the comprehensive plan.
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29 Hotel, Boutique: A small luxury hotel containing ten (10) to twenty (20) guest rooms. Meal service
30 is usually breakfast only, but in some instances high-quality dinner and/or lunch service and room
31 service may also be provided.
32 Hotel, Extended Stay: Any all-suite hotel that provides visitors with a full kitchen and more than
33 5% of its rooms are oocupied for at least thirty (30) days and no more than one hundred and eighty
34 (180) days. where no room is occupied for more than one hundred and eighty (180) days in a calendar
35 year bv the same occupant. The hotel rooms mav be under single ownership or may be owned
36 individually, provided all rooms are under single management. which provides for central reservations
37 and maid services, and receipt and disbursement of keys and mail by the attendant at the desk in the
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1 lobby or office. Compliance with the length of stay limitation in this paragraph shall be certified by
2 affidavit of the licensee at the time of issuance and renewal of the applicable City occupational
3 license. Management shall maintain a guest register for each twelve (12) month period following
4 issuance and renewal of the occupational license that shall be available for inspection by the City,
5 upon written request. for a minimum of twelve (12) months following the close of the prior twelve
6 month period. No extended stay hotel unit shall be converted to or used as a multifamily dwelling
7 without the prior approval of the City Commission and compliance with all applicable land
8 development regulations and the comprehensive plan.
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10 Section 3. Each and every other provision of the Land Development Regulations
11 not herein specifically amended, shall remain in full force and effect as originally adopted.
12 Section 4. All laws and ordinances applying to the City of Boynton Beach in
13 conflict with any provisions of this ordinance are hereby repealed.
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Section 5.
Should any section or provision of this Ordinance or any portion
15 thereofbe declared by a court of competent jurisdiction to be invalid, such decision shall not
16 affect the remainder of this Ordinance.
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Section 6.
Section 7.
Authority is hereby given to codify this Ordinance.
This Ordinance shall become effective immediately.
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FIRST READING this ~ day of August, 2005.
SECOND, FINAL READING AND PASSAGE this It:/h day of
August, 2005.
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CITY OF BOYNTON BEACH, FLORIDA
\ '1
rert-
'Commissioner
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