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1 ORDINANCE NO. 10- 008
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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
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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.
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15 * Indicates that Conditional Use approval is required.
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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.
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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.
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10 FIRST READING this ~ day of ~, 2010.
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11 SECOND, FINAL READING AND PASSAGE this ~ day of MA'{ ,2010.
12 CITY BOYNTON BEACH, FLORIDA
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2 ATTEST:
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