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O84-22AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING APPENDIX A-ZONING, OF THE CODE OF ORDINANCES, CITY OF BOYNTON BEACH, BY AMENDING SECTION 1. DEFINITION OF TERMS. TO AMEND THE DEFINITION OF DRIVE-IN RESTAURANT AND TO ADD A NEW DEFINITION FOR DRIVE-THRU RESTAURANT; PROVIDING THATEACH AND EVERY OTHER DEFINITION CONTAINED IN SECTION 1 OF SAID ZONING CODE REMAIN IN FULL FORCE AND EFFECT AS PREVIOUSLY ENACTED; AMENDING SECTION 6. COMMERCIAL DISTRICT REGULATIONS AND USE PROVISIONS. OF SAID ZONING CODE TO PROVIDE THAT DRIVE-IN RESTAURANTS AND DRIVE-THRU RESTAURANTS SHALL BE CONDITIONAL USES IN THE C-2, C-3 and C-4 ZONING DISTRICTS; PROVIDING THAT EACH AND EVERY OTHER PROVISION CONTAINED IN SECTION 6 OF THE ZONING CODE SHALL REMAIN IN FULL FORCE AND EFFECT AS PREVIOUSLY ENACTED; PROVIDING AUTHORITY TO CODIFY, A CONFLICTS CLAUSE, A SEVERABILITY CLAUSE, AND AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1: Appendix A-Zoning, Section 1. Definition of Terms. of the Code of Ordinances, City of Boynton Beach, Florida, is hereby amended to read as follows: DRIVE-IN RESTAURANT. A restaurant which ~s ~es~g~e~-a~-e~ppe~ includes facilities to serve food and beverage to patrons ~-a~%8- m~B~es?-a~-~-a~w for consumption ~ ~-am~-Be~e~ages by patrons in automobiles on the premises. DRIVE-THRU RESTAURANT. A restaurant which includes facilities to serve food and beverages to patrons who are in their automobiles with the intention of driving away from the property and consuming their food and beverage elsewhere. Section 2: Each and every other provision of Appendix A-Zoning, Section 1. Definition of Terms. of the Code of Ordinances, City of Boynton Beach, Florida, shall remain in full force and effect as previously enacted. Section 3- Appendix A-Zoning, Section 6. Commercial District Regulations and Use Provisions. B. C-2 Neighborhood Commercial District. 1. Uses permitted, of the Code .of Ordinances City of Boynton Beach, Florida, is hereby amended to read as follows: Uses permitted. Within any neighborhood commercial district, no building, structure, land or wate~ shall be. used within one or more multipurpose buildings not to exceed ten (10) units in a principal building except for one or more of the following or similar uses: m. n. O. p. qe Any use permitted in C-1 district. Bakery shOps. Beer and wine sales for off-premise consumption. Camera sales and service. Catering service. Confectionary shop (including fountain). Dress shop. Drugstore. Garden supply store. Hardware store. Laundromat and/or dry cleaning pickup. Meat and grocery store (neighborhood only). Notions. Personal service establishments. Pet shoPs (no outside kennel use). Restaurants (excluding drive-in restaurants and drive-thru restaurants). Retail sale of auto parts for use and installation off premises. Tobacco and news. Taxi offices. Service stations without major repairs, and, excluding car wash (see definitions: "major repairs"), with at least one frontage on a four-lane arterial road, and erected in accordance with supplemental regulations, section ll-L.* Drive-in restaurants.* Drive-thru restaurants.* Section 4: Appendix A-Zoning, Section 6. Commercial District Regulations and Use Provisions. C. C-3 Community Commercial District. 1. Uses permitted, of the Code of Ordinances City of Boynton Beach, Florida, is hereby amended to read as follows: Uses permitted. Within any C,3 community commercial district, no building, structure, land or water, shall be used except for one or more of the following uses: a. Any use permitted in C-1 or C-2 districts. b. Antique and ceramic stores. c. Appliance stores (sales and service). d. Art and music stores. e. Bars, cocktail lounges and package stores. f. Delicatessen. g. Department stores. h. Florists, greenhouses, nurseries and other horticultural uses. i. Hotels, motels, apartment hotels, and apartment motels. j. Laundromat and dry cleaning (on premises). k. Lumber yards.* 1. Multifamily residential dwellings are authorized as a special use in said district, subject to the building and site regulations set forth in section 5G2A of Appendix A of this Code. m. Private clubs, lodges and fraternal organizations. n. Public utilities if adequately screened to exterior view. o. Recreational facilities, including bowling lanes, gymnasiums and health centers. p. Restaurants, ~e~~-~e-~- (excluding drive-in restaurants and'drive-thru restaurant q. Service station's without major repairs, but including car wash (see-definitions, "Major Repairs") erected in accordance with supplemental regulations, section ll-L. re U. V. W. X. y. Z. aa. bb. CC. dd. es. ff. gg- hh. ii. jj. Shopping centers. Sundries and variety stores. Theatres, excluding drive-ins. New boat sales agencies.* Bicycle sales and repairs. Bus'terminals and taxi offices. Governmental facilities. Marinas. Dry storage of boats at marinas.* Office supply stores. Trade and business pools~ Yachtels and boatels. Furniture stores and home furnishings (new). Print shops. Sign shops in a fully enclosed building, Small equipment and tool rental agencies (for homeowners use with no outdoor storage or display). Time sharing hotel. Drive-in restaurants.* Drive-thru restaurants.* Section 5: Appendix A-Zoning, Section 6. Commercial District Regulations and Use Provisions. D. C-4 General Commercial District. 1. Uses permitted, of the Code of Ordinances, City of Boynton Beach, Florida, is hereby amended to read as follows: Uses permitted. Within any C-4 general commercial district, no building, structure, land or'water, shall be used, except for one or more of the following uses: a. Ail those permitted in C-i, C-2, and C-3 districts. b. Adult entertainment establishments.* c. Automobile and truck sales and rental agencies.* d. Automobile wash establishments. e. Automotive parts, and/or repairs, including major repairs (see definitions, "Major Repairs"). f. Battery and tire sales and service within an enclosed building. g. Beverage distribution. h. Electrical, plumbing, heating, painting, upholstery and roofing supplies. i. Paint and repair shops, including auto- mobile body and fender work, entirely within an enclosed building. j. Recreation vehicle sales (new and used).* k. Service stations (when including major repairs shall be erected according to .supplemental regulations, section ll-M). 1. Wholesale'establishments. m. Fabrication and assembly of custom cabinets and'furniture within fully enclosed buildings having a maximum floor area not more than six thousand (6,000) square feet. n. Restaurants (excluding drive-in restaurants and drive-thru restaurants. o. Drive-in restaurants.* p. Drive-thru restaurants.* Section 6. Each and every other provision of Appendix A-Zoning, Section 6. Commercial District Regulations and Use Provisions. of the Code of Ordinances, City of Boynton Beach, Florida, shall remain in full force and effect as previousl enacted. Section 7: codify this Ordinance. Section 8: Specific authority is hereby granted to Ail ordinances or parts of ordinances in conflict herewith are hereby repealed. Section 9: Should any section or provision of this Ordinance or a portion thereof be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the remainder of this Ordinance. Section 10: This Ordinance shall take effect immediately upon passage. FIRST READING this~L/.~ day of h~~/~~ , 1984. SECOND READING and ~.~AL PASSAGE t day of X~ , 1984. CITY OF BOYNTON BEACH, FLORIDA VICE MAYOR ATTEST: CITY CLEf~ ( Seal ) COUNCIL MEMBER