09-027
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I ORDINANCE NO. 09-~,"7
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3 AN ORDINANCE OF THE CITY OF BOYNTON BEACH,
4 FLORIDA AMENDING LAND DEVELOPMENT
5 REGULATIONS, CHAPTER 2, SECTION 6(C) "C -3
6 COMMUNITY COMMERCIAL DISTRICT", BY ADDING
7 SUB-SECTION (C)(I)(HH) TO ALLOW THE INCLUSION
8 OF CEMETERY USE IN THE COMMUNITY
9 COMMERCIAL (C-3) ZONING DISTRICT AS AN
10 ANCILLARY USE TO A FUNERAL HOME ON PARCELS
II IN EXCESS OF TEN (10) ACRES; PROVIDING FOR
12 CONFLICTS, SEVERABILITY, CODIFICATION AND AN
13 EFFECTIVE DATE.
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15 WHEREAS, the current zoning regulations allow Funeral Homes in Office and
]6 Professional Commercial (C -1 ) zoning districts by right; and
17 WHEREAS, Funeral Homes with Crematoriums are allowed in Office and Professional
] 8 Commercial (C -1) zoning districts, as a conditional use: and
19 WHEREAS, a Cemetery, as a principal use, is currently only allowed in Public Usage
2U (PU) zoning district; and
2 ] WHEREAS, statT is recommending the inclusion of cemetery use in the Community
')') Commercial (C -3) zoning district, as an ancillary use to a funeral home on parcels in excess of
')1 ten (10) acres; and
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24 WHEREAS, the City Commission has considered statrs recommendations and reports,
25 and determines and finds that it would be appropriate to amend the Land Development
26 Regulation to ret1ect this addition: and
n WHEREAS, the City Commission tinds that the adoption of this ordinance is in the
28 best interest of the health, safety, and welfare of the citizens and residents of the City of
29 Boynton Beach.
30 NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
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s \CA,.( 'rdinanc~s\[[)R Change~lj\m~nd LDR CH 2 SH hi ('II Cemet~ry) dll~
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I THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
2 Section 1. The foregoing whereas clauses are true and correct and are now ratified
3 and confirmed by the City Commission.
4 Section 2. Chapter 2, Section 6C of the Land Development Regulations of the City
5 of Boynton Beach Code of Ordinances is hereby amended as follows:
6 C. C-3 COMMUNITY COMMERCIAL DISTRICT. These
7 district regulations are to encourage the development of
8 appropriate intensive retail commercial facilities providing a wide
9 range of goods and services, located centrally and accommodating
10 three (3) or four (4) neighborhoods and located adjacent to at least
II one major thoroughfare.
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13 hh. Cemeteries as accessory to Funeral Homes on parcels in
14 excess of ten ( 10) acres.
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16 Section 3. Each and evef) other provision of the Land Development Regulations
17 not herein specifically amended, shall remain in full force and effect as originally adopted.
18 Section 4. All laws and ordinances applying to the City of Boynton Beach in
19 cont1ict with any provisions of this ordinance are hereby repealed.
20 Section 5. Should any section or provision of this Ordinance or any portion thereof
21 be declared by a court of competent jurisdiction to be invalid, such decision shall not afTect the
II remainder 0 f this Ordinance.
')1 Section 6. Authority is hereby given to codify this Ordinance
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24 Section 7. This ordinance shall become effective immediately.
25 I
FIRST READING this cl~day of _JYl'L~
26 ,2009.
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S \(',-\ ,()rdinan~es\LDR ("hang~sv\m~nd I DR ("II 2 SI'(" (,(("h( ~meter\ I due
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SECOND, FINAL READING AND PASSAGE this L day ofA-tAr 2009.
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S:\CA\Ordinances\LOR Changes\Amend LDR CH 2 SEC 6(C)(Cemetery).doc