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O01-33 ORDINANCE NO. O1- ~3 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA AMENDING LAND DEVELOPMENT REGULATIONS, CHAPTER 23 PARKING LOTS, ARTICLE 1, SECTION 3(A), TO CREATE AN ADDITIONAL EXEMPTION FROM THE MINIMLgVi REQUIREMENTS WHICH GOVERN THE DESIGN, CONSTRUCTION AND MAINTENANCE OF PARKING LOTS; PROVIDING FOR CONFLICTS, SEVERABILITY, CODIFICATION AND AN EFFECTIVE DATE. WHEREAS, Chapter 23 of the Land Development Regulations sets forth the regulations that govern the design, construction and maintenance of parking lots within the City of Boynton Beach; and WHEREAS, Section 2 of Article 1 of Chapter 23 recognizes conditions which would exempt properties from the design, construction and maintenance requirements established by Chapter 23; and WHEREAS, the creation of a Fee-in-Lieu of parking option for the Central Business District provides an additional exemption basis which warrants inclusion in the Code. NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The foregoing whereas clauses are tree and correct and are now ratified and confirmed by the City Commission. Section 2. That Chapter 23, Article 1, Section 3 A, is hereby amended to add a new subsection 9 as follows: 9. YVhen an improvement or property_ in the Central Business D/strict or which fronts on that segment of Ocean Avenue extending west from the Central Business District to Seac:mst Boulevard involves either a change in use an.&'or a minor improvement. For the ~ose of this subsection~ minor improvement means minor building expansions which would otherwise generate the need for two or less parking spaces or improvements which would generate more than two additional parking spaces, but which, are less than five (5%) percent of the total area of ex/sting improvements. Section3. Each and every other provision of the Land Development Regulations not herein specifically amended, shall remain in full force and effect as originally adopted. Section 4. All laws and ordinances applying to the City of Boynton Beach in conflict with any provisions of this ordinance are hereby repealed. Section 5. 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 6. Authority is hereby given to codify this Ordinance. Section 7. This Ordinance shall become effective immediately. FIRST READING this _~ day of July, 2001. SECOND, FINAL READING AND PASSAGE this 1"/ . day of July, 2001. CITY O/F BOYNTO/N B~CH, FLORIDA Mayor Vice ommissioner ATTEST: ~R Ch~ter 2 zoning 0- Parking-in-lieu-of061101