15-002ORDINANCE NO. 15 -002
(Amended for F4r-4 Second Reading)
AN ORDINANCE OF THE CITY OF BOYNTON BEACH,
FLORIDA APPROVING AMENDMENTS TO THE LAND
DEVELOPMENT REGULATIONS, CHAPTER 1, ARTICLE II
ENTITLED "DEFINITIONS "; CHAPTER 3, ARTICLE IV,
SECTION 3 "ZONING MATRIX NOTES "; CHAPTER 3,
ARTICLE IV, SECTION 3.D., TABLE 3 -28 "USE MATRIX ";
PROVIDING FOR CONFLICTS, SEVERABILITY, AND AN
EFFECTIVE DATE.
WHEREAS, the City's Zoning Regulations accommodate uses that provide medical
testing and treatment in the following three general categories; 1) hospitals; 2) medical
offices; and 3) imaging, testing and support services, however, of the three uses, the only one
where in- patient medical care is permitted is hospitals; and
WHEREAS, until recently, there has not been a demonstrated demand in the City
for medical services that provide 24 -hour care to patients, however, in response to the recent
demand for services that provide 24 -hour ewe in- patient care, treatment and/or testin such
as those involving for—substance abuse, staff has analyzed the zoning_ regulations and
proposes amendments to address this deficiency by accommodating these uses as well as
other excluded businesses that similarly provide overnight medical services such as those
pertaining to sleep disorders, eating disorders, labor and delivery, and hospice care and
lim
abw,e and
WHEREAS, the City Commission finds it to be in the best interest of the citizens
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and residents of the City to approve the recommendations of staff and amend the Land
Development Regulations as reflected herein.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section 1 . The foregoing whereas clauses are true and correct and are now ratified
and confirmed by the City Commission.
Section 2. Chapter 1, Article II of the Land Development Regulations entitled
"Definitions" is hereby amended as follows:
Definitions (LDR, Chapter 1, Article II):
Medical Care or Testing (In patient)
A facility excluding hospitals, which are open 24 -hours per
day or provides 24 -hour healthcare, treatment, and /or examinations, 0jgf requiring
overnight stays, and are based ekhef on emergency, planned, or scheduled admittance to
„facilities with controlled and secured access to ensure appropriate care ofpatients. Such
facilities include:
• Alcohol or chemical dependency treatment centers licensed pursuant to Chapter 397,
Florida Statutes;
• Mental health treatment facilities licensed pursuant to Chapter 394; Florida Statutes
• Urgent care centers (24 -hour
• Inpatient testing services such as sleep disorder centers;
• Birth centers licensed pursuant to Section 383.305; Florida Statues;
• Hospice facilities licensed pursuant to Part IV of Chapter 400; Florida Statues;
• Eating disorder treatment centers; and
• Nursing homes and physical rehabilitation centers licensed pursuant to Section
400.062, Florida Statutes.
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" Greup
limited retail Q sales,
C
• Medical or Dental Imaging /Testing /Support Services patient);
Medical or Dental Office (Out patient) — A facility or clinic operated by one (1) or
more physicians, dentists, chiropractors, or other licensed practitioners of the
healing arts for the examination and treatment of persons solely on an outpatient
basis including intensive out patient treatment. Images, bodyfluids or other......;
• M Mental Health and Substance Abuse — see " Gremp A 1 6me, Type 4 Medical Care or
Testing(In patient
Section 3. Chapter 3, Article IV, Section 3.D. of the Land Development Regulations,
Zoning Matrix Notes is hereby amended as follows:
Changes to Existing Nete6s:
No. 3. (to be amended) Amend #3 to read "Conditional use approval shall be required if
located within twe one hundred (2" M feet from a residential zoning district or mixed
use zoning ig strict
No. 14. The subject use is only allowed on a lot that fronts on an arterial or collector
r ead street as defined in Part III, Ch. 1, Art. 2 of the LDR under definitions for "Street -
Arterial" and "Street- Collector ". Except for uses providing Medical Care or Testing(In-
patient) shall be limited to lots that front on an arterial roadway.
No. 58. Restaurant.
a. All Districts. See Chapter 3, Article V , Supplemental Regulations regarding the
sidewalk cafe permit.
b. C -1 District. A restaurant is allowed as accessory use to a business or professional
office and/or a medical or dental office but subject to the following conditions:
(1) Signage. No external signage for the restaurant use shall be allowed;
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(2) Hours of operation shall be limited to coincide with the hours of operation of
the principal use.
c. M -1 district. This non - industrial use is allowed within the M -1 district, provided that
it 1) is located within a multiple -tenant development on a lot that fronts on an arterial
or collector roadway; 2) does not exceed two thousand, five hundred (2,500) square
feet; 3) excludes a drive -up, drive -
through, or drive -in facility; and -5 4) complies with all off - street parking
requirements of Chapter 4, Article V. In addition, the sale of used merchandise is
only allowed as accessory to the sale of new merchandise.
No. 101. Medical Care or Testing (In- patient)
Other requirements and site standards:
a. Conditional use approval shall be required if there exists less than a 50 foot
Minimum bu-ildifg setback shalH)e between the subject use and 50 feet • hefl an
abutting a residential or mixed use zoning district. This separation is intended to
enable proper site design regarding secured access, private outdoor patron amenities,
buffering, etc.
b. Site security shall be ensured through a minimum of surveillance cameras, limited
and controlled access points, and operational procedures to restrict unauthorized
and /or unarranged accessing or exiting of the facility and/or property. This subsection
may be proven unnecessary based on the use or operation, surrounding land uses
and /or site design. Justification shall be provided to staff in conjunction with site
plan review or when applying for Certificate of Use approval.gite seepfj'-• sha
c. Privacy and access control shall be ensured through a minimum of perimeter fencing
and landscape buffering intended to support the objective to control access and
increase privacy of areas intended for client or patient use. This subsection maybe
proven unnecessary based on the use or operation, surrounding land uses and/or site
design. Justification shall be provided to staff in conjunction with site plan review or
when applying for Certificate of Use approval.
d. In addition to the locational restriction of footnote #14 (arterial roadway frontage),
allowed locations within the CRA shall exclude Planning Areas #2, #3, and #4 as
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defined within the Federal Highway Corridor Community Redeveloment Plan
Update adoted in 2006, and the Boynton Beach Boulevard corridor. The intent of this
standard is to D • a l aeat i ons s h a ll exe th 4 n a e l ffl ffl gnt Area
to-reserve certain areas within the'i�rcCRA to those uses that contribute to, and
enhance the entries into the downtown, the fabric of the streetscape, harmonious
land use relationships downtown retail and commerce, and other urban development
efforts that establish a sense of place along, the hey routes leading to, and within, the
downtown pursuant to an adopted redevelopment plan. eempliffient
No. 102. Pre-existing. Such pre - existing uses which are no longer allowed uses pursuant to
amendments to the Zoning Matrix shall not be construed as non - conforming uses. However,
major modifications to such uses shall be in accordance with the conditional use approval
process if required pursuant to the Zoning Matrix and adhere to the site design and
operational restrictions of the applicable footnotes.
Section 4. Chapter 3, Article IV, Section 3D of the Land Development
Regulations, Use Matrix Table 3 -28 (Excerpt) is hereby amended as follows:
D. Use Matrix (Table 3 -28).
See attached Exhibit "1 -A"
Section 5. 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 remainder of this Ordinance.
Section 6. This Ordinance shall become effective immediately on second.
FIRST READING this 3 day of February 2015.
SECOND, FINAL READING AND PASSAGE this 17" day of March, 2015.
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CITY OF BOYNTON BEACH, FLORIDA
YES NO
Mayor — Jerry Taylor
Vice Mayor — Joe Casello
Commissioner — David T. Merker t/
Commissioner — Mack McCray
Commissioner — Michael M. Fitzpatrick
1
1
1
1
1
1
1
1
1
VOTE
ATTEST:
'6 L. e. L, � n - PA-j 5 —LL
Jan t M. Prainito, MMC
Clerk
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EXHIBIT 1 -A:
Use Matrix - Table 3 -28 (Excerpt) - LDR, Ch. 3, Art. IV, Section 3.D.
r�
W
Residential
Commercial
Mixed -Use
Industrial
Misc.
P: Permitted Use
X
X
74
T
7°
C
1'
C7
i7
C7
C�
v'
K
4
K
K
b
'0
m
C: Conditional Use
72
—
N
C
C
C
O
n
A: Accessory Use
17.7
OFFICE & HEALTH CARE continued
Counseling
P
P
P
P
P
P
6
6
6
11
6
22
P
27
31
P
P
P
P
p
Medical Care or
3
3
3
3
-14
Testing (In- patient)
14
101
14
101
14
101
14
101
1,G4
102
102
102
102
P
Medical or Dental
P
P
P
P
P
P
P
24
Imaging /Testing/
P
P
P
P
P
2
Support Services
1
16
16
16
16
16
22
31 1
Medical or Dental
P
P
Laboratory
P
13
29
P
Medical or Dental
P
P
P
P
P
P
P
P
P
P
P
P
27
Office (Out - patient)
1
16
16
16
16
16
22
31
r�
W
1'
72
X
r�
W