11-017
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] ORDINANCE NO. ll-On
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4 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY
5 OF BOYNTON BEACH, FLORIDA AMENDING THE LAND
(} DEVELOPMENT REGULATIONS BY AMENDING CHAPTER I"
i ARTICLE II, DEFINITIONS; TO MODIFY THE DEFINITIONS
& OF SPORTING GOOD STORES, NEW AUTO DEALERS AND
~ USED AUTO DEALERS; PROVIDING FOR CONFLICTS,
IQ SEVERABILITY, CODIFICATION AND AN EFFECTIVE DATE.
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I WHEREAS, staff is proposing amendment to the Land Development Regulations
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d (LDR) to modify the definitions which would allow the subject retailer into commercial
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11 areas with little or no impact and without compromising the City's aesthetic standards I
d associated with particular uses, all while promoting innovative ways of attracting new
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11 business into the City and strengthening the economic base; and
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Ii WHEREAS, the City Commission of the City of Boynton Beach deems it to be in
21 the best interest of the citizens and residents of the City to amend the Land Development
:~ Regulations to modify the definitions of sporting good stores, new auto dealers and used
auto dealers.
2 NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION
2 OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
2 Section 1. The foregoing whereas clauses are true and correct and are now
2 ratified and confirmed by the City Commission.
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2 Section 2. Chapter 1, Article II, Definitions, of the Land Development
2 Regulations, is hereby amended by adding the words and figures in underlined type, as
follows:
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S \CA\Ordinances\LDR Changes\Ordinance - Amend Definitions - Scooters.doc
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] Chapter 1, Article II Definitions
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~, ART, BOOK, CRAFT, HOBBY, MUSIC, SPORTING GOOD, &
4 TOY STORE - Establishments primarily engaged in the retail sale (including
5 accessory repair service) of one or more of the following: 1) art for retail sale in
6 art galleries; 2) new books or magazines; 3) craft and hobby items, including
'" sewing machines and supplies, new fabrics, patterns, yams, needlework and the
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8 like; 4) new compact and digital video disks, musical instruments, and sheet
9 music; 5) sporting goods and supplies, including scuba equipment, bicycles,
]0 mopeds, and motor scooters (with engines not exceeding 150 cubic centimeters);
] ] or 6) toys. Sporting good stores may retail ammunition and I or firearms, but only
12 as an accessory use. Any motorized moped or scooter with an engine in excess of
]3 150 cubic centimeters is classified as a "motorcycle" and regulated as a NEW or
]4 USED AUTO DEALER. This use excludes any merchandise that would be classified
15 as adult entertainment. Establishments that retail and provide expertise on the use
16 of sporting equipment (such as a bicycle or dive shops) or other specific leisUi"e
17 activities, such as needlev/ork and musical instruments but excluding the sale of
18 ammunition or firearms as a principal use. Sporting goods stores may retail
19 ammunition and ,I or firearms as an accessory use. Craft stores are primarily
20 engaged in retailing new sev,'ing supplies, fabrics, patterns, yams, and other
2] needlework accessories or retailing these products in combination with selling
22 nevI' sewing machines. This use also includes establishments that are primarily
23 engaged in displaying works of art for retail sale in art galleries.
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25 AUTO DEALER, NEW - An establishment, licensed by the State of Florida,
26 which is primarily engaged in retailing or leasing new automobiles, mopeds,
27 scooters, and motorcycles (with engines in excess of 150 cubic centimeters ), and
28 light trucks, including; such as passenger and cargo vans and sport utility
29 vehicles. Dealers keep an on-site inventory of vehicles for customers to peruse,
30 and buyers customarily purchase the vehicles on the premises. No outdoor storage
I of vehicle inventory is allowed.
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~~ AUTO DEALER, USED - An establishment, licensed by the State of Florida,
which is primarily engaged in retailing or leasing used automobiles, mopeds,
3 scooters, and motorcycles (with engines in excess of 150 cubic centimeters ), and
3 light trucks, including; such as passenger and cargo vans and sport utility
3 vehicles. Dealers keep an on-site inventory of vehicles for customers to peruse,
3 and buyers customarily purchase the vehicles on the premises. No outdoor storage
3 of vehicle inventory is allowed.
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4 Section 3. Should any section or provision of this Ordinance or any portion
4 thereof be declared by a court of competent jurisdiction to be invalid, such decision shall
4 not affect the remainder of this Ordinance.
S'\CA\Ordinances\LDR Changes\Ordinance - Amend Definitions - Scooters.doc
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] Section 4. Authority is hereby given to codify this Ordinance.
2 Section 5. This Ordinance shall become effective immediately.
3 FIRST READING this ~day of lhPtI ' 2011.
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4 SECOND, FINAL READING AND PASSAGE this I day of ~,
5 2011.
~ YNTON BEACH, FLORIDA
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2 Commissioner - Marlene Ross
2 ATTEST:
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S'\CA\Ordinances\LDR Changes\Ordinance - Amend Definitions - Scooters.doc
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