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O99-23ORDINANCE NO. O99-~,~ AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA AMENDING LAND DEVELOPMENT REGULATIONS, CHAPTER 2 ZONING, SECTION 5, TO INCLUDE DAY CARE AS A CONDITIONAL USE WITHIN THE R-1AAA, R-1AAB, R- 1AA,R-i-A,R-1 ZONING DISTRICTS; PROVIDING FOR CODIFICATION, CONFLICTS, SEVERABILITY, AND AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Boynton Beach, Florida has determined that it is in the best interests of the citizens and residents of the tlCity to allow day care centers as an allowable use within the R-1AA zoning district; and NOW THEREFORE~ BE IT ORDAI'NED BY THE C'rTY COMMZSSI'ON )F THE CI'TY OF BOYNTON BEACH, FLOR.I:DA, THAT: Section 1. That Chapter 2, Zoning, Section 5. Residential district regulations and use provisions, is hereby amended by creating a new subsection ~h.", as follows: Sec. 5. Residential district regulations and use provisions. A. R-l-AAA SINGLE-FAMILY RESIDENTIAL DISTRICT. Nursery schools, day care centers and other preschool facilities* Section 2. That Chapter 2, Zoning, Section 11. Supplemental -egulations. "C" is hereby amended by adding subsection 3., as follows: Sec. 11. Supplemental regulations. 3. The following applies to facilities to be. located within zoninq :listricts limited to single family homes: styleS; a. building design shall be consistent with surrounding residential b. located along the followinq roadway types as desiqnated in the City of Boynton Beach Comprehensive Plan: state arterials, county arterials, and county collectors; c. minimum site size of one-half (0.5) acre; d. minimum separation requirement between commercial daycare business shall be 2,000 feet (this distance separation requirement should not apply to daycare uses limited to specific groups such as church members, and should not be intended to place restrictive limits on the expansion/improvement af those uses existing prior to codification; and e. similar buffer (wall) regulations for commercial uses that abut residential zoning districts should apply, and distances between outdoor play areas and adjacent single family homes shall be maximized. Section 3. All laws and ordinances applying to the City of Boynton Beach in conflict with any provisions of this ordinance are hereby repealed. Section 4. Should any section or provision of this Ordinance or any ~ortion thereof be declared by a court of competent jurisdiction to be invalid, ;uch decision shall not affect the remainder of this Ordinance. Section 5. This Ordinance shall become effective immediately. F]:RST READ]~NG this /?. day of August, 1999. 1999. SECOND, FINAL READING AND PASSAGE this '7 __day of SeptembeE Vice Mayor Mayor Pro Tem CommissLo~er Commissioner