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09-027 , I ORDINANCE NO. 09-~,"7 ') - 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. 14 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 ~-' 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 - I- s \CA,.( 'rdinanc~s\[[)R Change~lj\m~nd LDR CH 2 SH hi ('II Cemet~ry) dll~ i 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. 12 * * * 13 hh. Cemeteries as accessory to Funeral Homes on parcels in 14 excess of ten ( 10) acres. 15 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 ~-' 24 Section 7. This ordinance shall become effective immediately. 25 I FIRST READING this cl~day of _JYl'L~ 26 ,2009. -1 - S \(',-\ ,()rdinan~es\LDR ("hang~sv\m~nd I DR ("II 2 SI'(" (,(("h( ~meter\ I due II SECOND, FINAL READING AND PASSAGE this L day ofA-tAr 2009. 2 3 4 5 6 7 8 9 10 JI 12 13 14 15 16 17 18 19 20 21 2 . 23 24 25 26 (Corporate Seal) 27 28 29 . J. S:\CA\Ordinances\LOR Changes\Amend LDR CH 2 SEC 6(C)(Cemetery).doc