O95-27ORDINANCE O95-~¢?
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA AMENDING
APPENDIX A, SECTION 6. D.7 (C-4 GENERAL
COMMERCIAL DISTRICT) OF THE CODE OF
ORDINANCES TO ELIMINATE DISTANCE
LIMITATIONS BETWEEN NOT FOR PROFIT
ORGANIZATIONS ENGAGED IN THE SALE OF USED
MERCHANDISE; PROVIDING FOR CONFLICTS,
SEVERABILITY, CODIFICATION AND AN EFFECTIVE
DATE.
WHEREAS, the sale of used merchandise is a C-4 zoning district is currently
subject to a restriction based upon the proximity of other businesses engaged in the
same activity, to wit, such businesses shall be located not less than 2,400 feet
apart;and
WHEREAS, such limitation constitutes an unreasonable restriction on not-
for-profit organizations who use the proceeds of the sale of used merchandise for
social and charitable purposes benefiting and its residents.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section 1. That Section 6.D.7. of Appendix A of the Code of Ordinances
is amended as follows:
7. Sale of used merchandise. Sale of used
merchandise shall comply with all provisions that apply
to the sale of used merchandise in the C-3 zoning
district. Distance separation requirements as set
forth in Section 6.C.8. of appendix A shall have no
application to not-for-profit organizations.
Section 2.
hereby repealed.
Section 3.
All ordinances or parts of ordinances in conflict herewith are
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 4.
Section 5.
passage.
FIRST READING this
Authority is hereby given to codify this Ordinance.
This ordinance shall become effective immediately
upon
day of July, 1995.
SECOND, FINAL READING AND PASSAGE this ,/z¢ day of July, 1995.
ATTEST:
Cit~; Clerk
c-4Distance
6/26/95
~'Ma~or
Vice Mayor
a~l:~P o Tem
MEMORANDUM
RECEIVED
TO: Sue Kruse, City Clerk 1¢i anrOFSOYHTON ..
FROM: James A. Cherof, City Aflorney
RE: Ordinance ;O95r'20 :'
At the I~t Commi~ion meeting the above referen~d ordinance was amended on second
reading to eliminate the distance regulation, but only in the C-4 zoning distri~. Although
the intent of the Commission w~ clear, I am now of the opinion that the amendment
constitutes a sub~anti~ change ~ich would affe~ the title and content of the Ordinance.
Accordingly, I have provided a revised Ordinance which will require first and second
reading.
Ordinance O95-20 should be placed back on the agenda at the next Commission meeting
with a notation that a motion to rescind is being requested by the City Attorney. The
revised Ordinance will fully accomplish the Commission's intent to eliminate the distance
requirement between not-for-profit organizations engaged in the sale of used merchandise.
cc: Carrie Parker, City Manager