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10-008 II , i i 1 ORDINANCE NO. 10- 008 2 3 AN ORDINANCE OF THE CITY OF BOYNTON BEACH, 4 FLORIDA AMENDING LAND DEVELOPMENT 5 REGULATIONS, CHAPTER 1, ARTICLE II, "DEFINITIONS" TO INCORPORATE SECTION 849.161, FLORIDA STATUTES; AMENDING CHAPTER 2, SECTION 6.B.l "C-2 NEIGHBORHOOD COMMERCIAL DISTRICT", BY ADDING A SUB-SECTION (VV) TO ALLOW FOR INDOOR RECREATIONAL FACILITIES; AMENDING CHAPTER 2, SECTION 6.C.1.M. (1) "C-3 COMMUNITY COMMERCIAL DISTRICT", BY ADDING "AMUSEMENT ARCADE" TO THE LIST OF PERMITTED USES IN ORDER TO PROVIDE CLARIFICATION; PROVIDING FOR CONFLICTS, SEVERABILITY, CODIFICATION AND AN EFFECTIVE DATE. WHEREAS, this amendment has been prompted by the inquiry of a potential tenant who is interested in operating an Amusement Arcade on property zoned C-2, Neighborhood 21 Commercial; and 2 WHEREAS, City staff has reviewed the impacts associated with this use and has 2 proposed the text amendment which would allow the property to be maintained in the more appropriate C-2 Zoning District rather than rezone the property to C-3; and WHEREAS, the City Commission has considered staff s recommendations and reports, and determines and finds that it would be appropriate to amend the Land Development Regulation to reflect this addition; and WHEREAS, the City Commission finds that the adoption of this ordinance is in the best interest of the health, safety, and welfare of the citizens and residents of the City of 3 Boynton Beach. 3 NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF 3 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 3 Section 1. The foregoing whereas clauses are true and correct and are now ratified 3 and confirmed by the City Commission. 3 Section 2. Chapter 1, General Provisions, Article II, Definitions of the Land 3 Development Regulations of the City of Boynton Beach Code of Ordinances is hereby amended - 1 - S:\CA\Ordinances\LDR Changes\Ordinance - Amend LDR CH 2 SEC 6(8 & C)(Adult Arcade).doc II I 1 as follows: 2 . . . 3 AMUSEMENT ARCADE - A commercial establishment containing four (4) or more video 4 I gaming, pinball, or similar player-operated amusement dcvicesmachines, in any combination. 5 This definition specifically incorporates those machines described in Section 849.161. Florida 6 Statutes. 7 . . . 8 Section3. Chapter 2, Section 6.8.1 of the Land Development Regulations of the 9 City of Boynton Beach Code of Ordinances is hereby amended as follows: 10 vv. Indoor Recreational Facilities*. limited to: Amusement Arcades. Each business 11 shall not exceed a maximum of 5.000 square feet of J!ross floor area and shall be only 12 vermitted in a shovvinJ! plaza located on an arterial roadway. All Amusement Arcades 13 shall comply with all requirements of Chapter 849. Florida Statutes. 14 15 * Indicates that Conditional Use approval is required. 16 17 Section 4. Chapter 2, Section 6.C.1.m.(1) of the Land Development Regulations of 18 the City of Boynton Beach Code of Ordinances is hereby amended as follows: 19 C. C-3 COMMUNITY COMMERCIAL DISTRICT. These 20 district regulations are to encourage the development of 21 appropriate intensive retail commercial facilities providing a wide 22 range of goods and services, located centrally and accommodating 23 three (3) or four (4) neighborhoods and located adjacent to at least 24 one major thoroughfare. 25 * * * (1) Indoor recreational facilities, including nightclubs, * bowling alleys, billiard halls, health clubs/gymnasiums, shooting ranges (indoor only), skating rinks, and amusement arcades. Bars/lounges and musical entertainment and athletic competitions* shall also be accessory to the principal uses described in this section. Indoor recreational facilities other than those which are listed above conditional uses(*). All Amusement Arcades shall comply with requirements of Chapter 849, Florida Statutes. 3 -2. S:\CA\Ordinances\LOR Changes\Ordinance - Amend LOR CH 2 SEC 6(8 & C)(Adult Arcade).doc II I I 1 Section 5. Each and every other provision of the Land Development Regulations 2 not herein specifically amended, shall remain in full force and effect as originally adopted. 3 Section 6. All laws and ordinances applying to the City of Boynton Beach in 4 conflict with any provisions of this ordinance are hereby repealed. 5 Section 7. Should any section or provision of this Ordinance or any portion thereof 6 be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the 7 remainder of this Ordinance. 8 Section 8. Authority is hereby given to codify this Ordinance 9 Section 9. This ordinance shall become effective immediately. -fh 10 FIRST READING this ~ day of ~, 2010. +It 11 SECOND, FINAL READING AND PASSAGE this ~ day of MA'{ ,2010. 12 CITY BOYNTON BEACH, FLORIDA 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 2 ATTEST: 2 .~ 3 31 3 33 3 3 3 3 3 - 3 - S:\CA\Ordinances\LOR Changes\Ordinance - Amend LOR CH 2 SEC 6(8 & C)(Adult Arcade).doc