09-012
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1 ORDINANCE NO. o9-ulJ-..
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3 I AN ORDINANCE OF THE CITY OF BOYNTON BEACH,
4 FLORIDA AMENDING LAND DEVELOPMENT
5 REGULATIONS, CHAPTER 2, "ZONING" , TO
6 PROVIDE FOR PET CARE (BOARDING AND DAY
7 CARE) WITHIN CERTAIN ZONING DISTRICTS
8 WITHIN THE CITY, SUBJECT TO CONDITIONS AS
9 PROVIDED HEREIN; PROVIDING FOR CONFLICTS,
10 SEVERABILITY, CODIFICATION AND AN EFFECTIVE
11 DATE.
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13 WHEREAS, the City Commission has requested that staff review those current
14 regulations applicable to the pet care, including the ability of businesses to operate pet
15 boarding and day care within the City; and
16 WHEREAS, the City Commission has considered staff s recommendations and
17 reports, and determines and finds that it would be appropriate to amend the current land
18 development regulations to permit, with conditions, pet boarding and day care within certain
19 zoning districts within the City; and
20 WHEREAS, the City Commission finds that the adoption of this ordinance is in the
21 best interest of the health, safety, and welfare of the citizens and residents of the City of
22 Boynton Beach.
23 NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
24 HE CITY OF BOYNTON BEACH, FLORIDA, THAT:
25 Section 1. The foregoing whereas clause is true and correct and is now ratified and
26 onfirmed by the City Commission.
27 Section 2. That Part III, "Land Development Regulations", Chapter 2, "Zoning",
28 ection 6, "Commercial District Regulations and Use Provisions", sub-section C., "C-3
29 ommunity Commercial District", sub-section 1., "Uses Permitted", of the City of Boynton
30 each Code of Ordinances, is hereby amended to read as follows:
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1 * * *
2 hh. Pet Care (boarding and daycare ). As the principal business, this
3 business is subiect to conditional use review and approval. As an accessory
4 use to the following principal uses: veterinary office, pet store, or pet groomer,
5 this use is not subiect to conditional use review and approval unless as an
6 accessory use, the accessory use exceeds 25% of the floor area of the principal
7 use, or 2,500 square feet, whichever is less. No external kenneling is allowed
8 as an accessory use.
9 Section 3. That Part III, "Land Development Regulations", Chapter 2, "Zoning",
10 Section 6, "Commercial District Regulations and Use Provisions", sub-section E., "CBD
11 Central Business District", sub-section 1., "Permitted and Conditional Uses", of the City of
12 Boynton Beach Code of Ordinances, is amended to read as follows:
13 * * *
14 k. Veterinary office and clinics, excluding outdoor kennels, or keeping of
15 animuls for purposes other than treatment, and excluding on-site disposal of
16 animals. With respect to on-site boarding of animals, see Pet Care (boarding
17 and daycare ), Paragraph zza of this Section.
18 * * *
19 zza. Pet Care (boarding and daycare ). As the principal business, this
20 business is subiect to conditional use review and approval. As an accessory
21 use to the following principal uses: veterinary office, pet store, or pet groomer,
22 this use is not subiect to conditional use review and approval unless as an
23 accessory use, the accessory use exceeds 25% of the floor area of the principal
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1 use, or 2,500 square feet, whichever is less. No external kenneling is allowed
2 i as an accessory use.
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3 Section 4. That Part III, "Land Development Regulations", Chapter 2, "Zoning",
4 Section 6, "Commercial District Regulations and Use Provisions", sub-section F., "Mixed Use
5 Zoning District", sub-section 4., "Uses", Table 6F-l, "Schedule of Permitted Principal,
6 Accessory, and Conditional Uses", of the City of Boynton Beach Code of Ordinances, is
7 amended to read as follows:
8 In the MU-L zoning district, Pet Care (boarding and daycare) shall be allowed
9 as a principal use subiect to conditional use review and approval.
10 In the MU-L2 zoning district, Pet Care (boarding and daycare) shall be allowed
11 as a principal use subiect to conditional use review and approval.
12 Pet Care (boarding and daycare) shall not be permitted as a use in either the
13 MU-L3 or MU-H zoning districts.
14 In addition, the "Restriction Notes" for Table 6F-l shall be amended by adding a new
15 note related to Pet Care (boarding and daycare) to read as follows:
16 18. Pet Care (boarding and daycare). As the principal business, this
17 business is subiect to conditional use review and approval. As an accessory
18 use to the following principal uses: veterinary office, pet store. or pet groomer,
19 this use is not subiect to conditional use review and approval unless as an
20 accessory use, the accessory use exceeds 25% of the floor area of the principal
21 use. or 2,500 square feet, whichever is less. No external kenneling is allowed
22 as an accessory use.
23 Section 5. That Part III, "Land Development Regulations", Chapter 2, "Zoning",
24 ection 6, "Commercial District Regulations and Use Provisions", sub-section H., "SMU
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1 Suburban Mixed Use Zoning District", sub-section 3., "Permitted Uses," Table 6H-l,
2 i "Schedule of Permitted Principal, Accessory and Conditional Uses", of the City of Boynton
3 Beach Code of Ordinances, is amended to read as follows:
4 In the SMU zoning district, Pet Care (boarding and daycare) shall be allowed
5 as a principal use subiect to conditional use review and approval.
6 In addition, the "Restriction Notes" for Table 6H-l shall be amended by adding a new note
7 related to Pet Care (boarding and daycare) to read as follows:
8 10. Pet Care (boarding and daycare ). As the principal business, this
9 business is subiect to conditional use review and approval. As an accessory
10 use to the following principal uses: veterinary office. pet store. or pet groomer,
11 this use is not subiect to conditional use review and approval unless as an
12 accessory use, the accessory use exceeds 25% of the floor area of the principal
13 use. or 2,500 square feet, whichever is less. No external kenneling is allowed
14 as an accessory use.
15 Section 6. That Part III, "Land Development Regulations", Chapter 2, "Zoning",
16 Section 8, "M-l Industrial District Regulations and Use Provisions", sub-section A., "M-l
17 Industrial District", sub-section 2., "Permitted Uses Subject to Distance Requirement", sub-
18 section b., "Other uses as follows", of the City of Boynton Beach Code of Ordinances, is
19 amended to read as follows:
20 (9). Pet Care (boarding and daycare ). Pet Care (boarding and daycare)
21 operations in excess of 600 feet from residentially zoned property, measured
22 property line to property line. Pet Care (boarding and daycare) operations that
23 are located within 600 feet of residentially zoned property shall be subiect to
24 conditional use review and approval. External kenneling shall be allowed for
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1 those operations in excess of 600 feet from residentially zoned property. Such
2 uses shall also comply with the requirements of Section 4-4 of Part II. Chapter
3 4 of the Code of Ordinances, except that the maximum enclosure size and area
4 standards within 4-4(b)2.a shall not apply.
5 Section 7. That Part III, "Land Development Regulations", Chapter 2, "Zoning",
6 Section 8, "M-l Industrial District Regulations and Use Provisions", sub-section B.,
7 "Corridor Uses and Regulations", sub-section 1., "Allowed Commercial and Retail Uses", of
8 the City of Boynton Beach Code of Ordinances, is amended to read as follows:
9 The Table of Allowed Commercial and Retail Uses shall be amended as follows:
10 Pet care (grooming) * * *
11 Pet care (boarding and daycare) ~
12 Pet care (veterinarian services) * * *
13 ** Indicates conditional use approval required if the use is located within six
14 hundred (600) feet of a residential-zoned district. External kenneling is
15 prohibited within six hundred (600) feet of a residential-zoned district.
16 * * * Indicates boarding and daycare are allowed as an accessory use and not
17 subiect to conditional use review and approval, unless the accessory use
18 exceeds 25% of the floor area of the principal use or 2,500 square feet,
19 whichever is less. External kenneling is prohibited within six hundred ( 600)
20 feet of a residential-zoned district.
21 Section 3. Each and every other provision of the Land Development Regulations
22 ot herein specifically amended, shall remain in full force and effect as originally adopted.
23 Section 4. All laws and ordinances applying to the City of Boynton Beach in
24 onflict with any provisions of this ordinance are hereby repealed.
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1 Section 5. Should any section or provision of this Ordinance or any portion I
2 thereof be declared by a court of competent jurisdiction to be invalid, such decision shall not
3 affect the remainder of this Ordinance.
4 Section 6. Authority is hereby given to codify this Ordinance.
5 Section 7. This Ordinance shall become effective immediately.
6 FIRST READING this f},Q day of Jll.J\Uo. cr 2009..AI.t>
7 SECOND, FINAL READING AND PASSAGE this L day of~, 2009.
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24 ATTEST:
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27 M. Prainito, CMC
28 Clerk
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