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11-023 I. I 1 ORDINANCE NO. 11-6~:3 2 3 AN ORDINANCE OF THE CITY OF BOYNTON BEACH, 4 FLORIDA AMENDING LAND DEVELOPMENT 5 REGULATIONS, CHAPTER 1, ARTICLE II, 6 "DEFINITIONS" , TO EMPHASIZE ATHLETIC 7 ACTIVITIES AND EXPAND THE DEFINITION OF 8 INDOOR ENTERT AINMENT TO INCLUDE INDOOR 9 PLAYGROUND AND PLAY CENTERS; AMENDING 10 CHAPTER 3, ARTICLE IV, "USE REGULATIONS" TO 11 ALLOW INDOOR ATHLETIC INSTRUCTION 12 /TRAINING IN THE M-l ZONING DISTRICT; 13 PROVIDING FOR CONFLICTS, SEVERABILITY, 14 CODIFICATION AND AN EFFECTIVE DATE. 15 16 WHEREAS, Indoor Athletic Instruction I Training is considered a blend of different 17 types of activities that may be commonly found in other similar principal uses; and 18 WHEREAS, staff created a new blended principal use however, it was discovered that 19 a restriction had been inadvertently placed on the subject use in the M-l district, essentially 20 limiting it to multi-tenant buildings on properties that front arterial or collector roadways; and 21 WHEREAS, staff believes that indoor playgrounds and play centers is a growing 22 industry that the M-l district should be considered for this addition based on its similarity with 23 the other uses in this category as well as similar building design needs that are commonly found 24 in the industrial district; and 25 WHEREAS, the City Commission has considered the recommendations and has 26 determined and finds that the changes in definitions of Indoor Athletic Instruction I Training 27 and Indoor Entertainment, along with allowing Indoor Athletic Instruction I Training 28 establishments in the M-l zoning district without limiting their size or restricting their location 29 to multiple-tenant buildings on properties fronting on arterial or collector roadways will further 30 the initiative for internal consistency in the Land Development Regulations. -1- S:\CA\Ordinances\LDR Changes\Ordinance - M-l Zoning (athletic inst).doc " I 1 NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF 2 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 3 Section 1. The foregoing whereas clauses are true and correct and are now ratified 4 and confirmed by the City Commission. 5 Section 2. Chapter l, Article II, "Definitions", of the Land Development 6 Regulations of the City of Boynton Beach Code of Ordinances is hereby amended as follows: 7 . . . 8 ENTERTAINMENT, INDOOR - An establishment primarily engaged in operating 9 amusement arcades/parlors, billiard halls, bowling alleys, paint ball, shooting ranges, skating 10 I rinks, playground and play centers, and the like. Arcades include any electric or electronic 11 machines (i.e. pinball, video games) which provide amusement, enjoyment, or entertainment, 12 and must comply with F.S. Chapter 849. See "Amusement Arcade," 13 II . . . 14 I INDOOR ATHLETIC INSTRUCTION / TRAINING - An establishment primarily 15 engaged in offering athletic instruction or training in arts or recreation, including martial arts, 16 gymnastics, cheerleading, batting/golfing, and dance studios, and other similar types of uses 17 having the same characteristics and special needs as confirmed by staff. 18 . . . 19 Section 3. Chapter 3, Article IV, Section 3.0 "Use Matrix" of the Land 20 Development Regulations of the City of Boynton Beach Code of Ordinances is hereby amended 21 as follows: 22 SEE A TT ACHED MATRIX 23 I Section 4. Chapter 3, Article IV, Section 3.E "Use Matrix Notes and Restrictions" 24 I of the Land Development Regulations of the City of Boynton Beach Code of Ordinances is I 25 I hereby amended as follows: 26 - 2- S:\CA\Ordinances\LDR Changes\Ordinance - M-l Zoning (athletic inst).doc II I 1 I 6+66. Entertainment, Indoor. 2 a. C-2 District. Limited to amusement arcades and shall be only allowed in 3 a shopping center ~ located on an arterial roadway. 4 b. M -l District. Limited to indoor playground / play centers and amusement 5 arcades only. 6 7 Section 5. Each and every other provision of the Land Development Regulations 8 not herein specifically amended, shall remain in full force and effect as originally adopted. 9 Section 6. All laws and ordinances applying to the City of Boynton Beach in 10 conflict with any provisions of this ordinance are hereby repealed. 11 Section 7. Should any section or provision of this Ordinance or any portion thereof 12 be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the 13 remainder of this Ordinance. 14 Section 8. Authority is hereby given to codify this Ordinance. 15 Section 9. This Ordinance shall become effective immediately. 1h 16 FIRST READING this ~O day of ~, 20ll. - 3 - S:\CA\Ordinances\LDR Changes\Ordinance - M-I Zoning (athletic inst).doc II I +f\ I SECOND, FINAL READING AND PASSAGE this L day of Oc.r. , 20 l1. 2 3 CITY OF BOYNTON BEACH, FLORIDA 4 5 6 7 8 9 10 II 12 13 14 15 16 17 18 Commissioner - Marlene Ross 19 ATTEST: 20 'rn ~ . 2\ ~ . '}. a.....: ..tv 22 J t M. Prainito, MMC 23 Ity Clerk 24 25 26 27 , I I I - 4 - II SICA \("di'~,,,ILDR Ch~,,"''''h,~~ - M-] z"", ]"hl'';, i,md" P = Permitted Residential Commercial Mixed-Use Indus Misc C = Conditional A = AccessOl)' X = Prohibited oj< o:l ~ -< ~ - N M ~ ~ * (see Legend) -< -< Ci ..J ..J ..J ::c: ~ ~ I I I Ci 0... Ci Ci ;:J I I I I U ~ J (see Legend) - - - - N M ;:J ;:J ::c: - N M ~ o:l U ~ ;:J ~ ~ ;:J "7 Ci ;:J ~ 0 ~ ~ I ~ ~ I 0... ~ I I I I ~ ~ ~ Q:; JJ (see Legend) ~ ~ - 0... U U U U U 0... r/J 0... Z ARTS, ENTERTAINMENT & RECREATIONAL 2 Indoor Athletic 6 P P P P P P P P 9 Instructionl * P P * P * * * * * * ++ Training I 68 69