10-012
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] ORDINANCE NO. 10- 0 ,~
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3 AN ORDINANCE OF THE CITY OF BOYNTON BEACH,
4 FLORIDA AMENDING LAND DEVELOPMENT
5 REGULATIONS, CHAPTER 2 "ZONING", SECTION 8A
6 "M-l INDUSTRIAL DISTRICT" TO ALLOW INDOOR
7 ATHLETIC INSTRUCTIONffRAINING AS A
8 CONDITIONAL USE IN THE M-l INDUSTRIAL
9 DISTRICT AND AS A PERMITTED USE IN THE
IO PLANNED INDUSTRIAL DEVELOPMENT (PID) ZONING
] ] DISTRICTS; PROVIDING FOR CONFLICTS,
]2 SEVERABILITY, CODIFICATION AND AN EFFECTIVE
]3 DATE.
]4
]5 WHEREAS, currently gymnastics, dance instruction, cheerleading and other athletic
]6 instruction type uses are treated differently by the City's industrial zoning districts, including
]7 the different Planned Industrial Development districts; and
]8 WHEREAS, staff is proposing to create a blended use category containing many of
]9 these uses with similar characteristics under one heading within the M-l (Industrial) district and
20 the three (3) Planned Industrial Development (PID) districts to increase the consistency and
2] user-friendliness ofthe code; and
22 WHEREAS, the City Commission has considered the recommendations and has
23 determined and finds that the creation of a blended use category which contains such uses with
24 similar characteristics under one heading within the M-l (Industrial) district and the three (3)
25 Planned Industrial Development (PI D) districts will benefit the M-l zoning district and PID
26 districts and will not adversely impact adjacent communities.
27 NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
28 THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
29 Section 1. The foregoing whereas clauses are true and correct and are now ratified
30 and confirmed by the City Commission.
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] Section 2. Chapter 2. "Zoning", Section 8A, M-l Industrial District, sub-section
2 (ld) of the Land Development Regulations of the City of Boynton Beach Code of Ordinances is
3 hereby amended as follows:
4 A. M-l INDUSTRIAL DISTRICT.
5 1. Permitted uses, no distance requirement. Within any M-l industrial district, no
6 building, structure, land or water, or any part thereof shall be erected, altered or used, in whole
7 or in part, for other than one or more of the following specified uses; provided, however, that
8 any use or process that would be subject to a minimum distance requirement under Section
9 8.A.2., would require conditional use approval under Section 8.A.4., or would be prohibited
IO under Section 8.A.5. shall fully comply with the provisions of those sections, where applicable.
1 ] No distance requirement other than district setback regulations shall apply for the following
]2 uses:
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]4 d. Transportation, communication, utilities, and miscellaneous uses as follows:
]5 (1) Utilities, communications facilities, government, and public utilities shops
]6 and storage areas, police and fire stations, excluding uses specifically prohibited in Section
17 8.A.5.
]8 (2) Package express and messenger service.
]9 (3) Railroad switching yards, freight stations and terminals, storage facilities,
20 and shops.
2] (4) Recycling pick-up facilities for paper, glass, and cans from households.
22 (5) Trade and industrial schools.
23 (6) Radio or microwave receivers or transmitting towers, as an accessory use to a
24 lawful principal use.
25 (7) Ambulance dispatch service.
26 (8) Community centers, operated by non-profit organizations, provided that no
27 more than 40% of the floor space is devoted to office use.
28 (9) G)'mn(l~;tic centers.
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] Section 3. Chapter 2. "Zoning", Section 8A, M-l Industrial District, sub-section 4f
2 of the Land Development Regulations of the City of Boynton Beach Code of Ordinances is
3 hereby amended as follows:
4 A. M-l INDUSTRIAL DISTRICT.
5 .. .
6 4. Conditional uses. Within any M-l industrial district, no building, structure, land or water,
7 or any part thereof shall be erected, altered, or used, in whole or part, for one or more of the
8 following uses, unless a conditional use approval is secured according to the standards and
9 procedures set forth in Section 11.2 of these zoning regulations; provided, however, that any
]0 use or process that would be subject to a minimum distance requirement under Section 8.A.2.
] ] or would be prohibited under Section 8.A.5., shall fully comply with the provisions of those
]2 sections, where applicable.
]3 a. Millwork and truss plants, provided that such uses conform to the
]4 minimum distance requirement specified in Section 8.A.2.
15 b. Commercial television, radio and microwave broadcasting or relay
16 towers.
17 c. Arenas, stadiums, frontons, convention and exhibition halls, and
]8 racetracks, provided that all such uses shall have a minimum frontage of two hundred (200) feet
]9 on a collector or arterial road, and shall have the major access thereto.
20 d. Helistops, limited to an accessory use to a lawful principal use.
2] e. Cutting of sub-primal portions of meat and pre-cut poultry into serving
22 portions including packaging and shipping where pre-cut portions (entering the facility) will not
23 exceed 10 pounds and waste generated will not exceed 1 % of pre-cut product.
24 f. Dance instruction. "Indoor Athletic Instruction/Training, including the
25 follO\ving uses: Gvmnastic Centers; D<U1ce/.J azzercise/P i lates Instruction; Cheerleading
26 Instruction; Karate Instruction; Indoor Batting/Golf Instruction: and other similar type uses
27 having the same characteristics and special needs, as confirmed bv staff'.
28 g. Medical or scientific research which involves the use, treatment, storage
29 or processing of human or animal bodies or body parts.
30 h. Carwashes.
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33 Section 4. The three (3) individual use lists for the Planned Industrial Development
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] I districts contained in the Planning and Zoning Office shall be amended so that each contains the
2 following language: "Indoor Athletic Instruction/Training, including the following uses:
3 Gymnastics; Dance/Jazzercise/Pilates Instruction; Cheerleading Instruction; Karate Instruction;
4 Indoor Batting/Golf Instruction; and other similar type uses having the same operational
5 characteristics and spatial needs, as confirmed by staff'.
6 Section 5. Each and every other provision of the Land Development Regulations
7 not herein specifically amended, shall remain in full force and effect as originally adopted.
8 Section 6. All laws and ordinances applying to the City of Boynton Beach in
9 conflict with any provisions of this ordinance are hereby repealed.
IO Section 7. Should any section or provision of this Ordinance or any portion thereof
] ] be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the
]2 remainder of this Ordinance.
]3 Section 8. Authority is hereby given to codify this Ordinance.
]4 Section 9. This Ordinance shall become effective immediately.
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.+" MAV
1 FIRST READING this 'B day of ,2010.
2 SECOND, FINAL READING AND PASSAGE this .hI~ day Of~_, 2010.
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4 CITY OF BOYNTON BEACH, FLORIDA
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25 ATTEST:
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