19-024 I
I ORDINANCE NO. 19- 024
AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA
AMENDING THE LAND DEVELOPMENT REGULATIONS
CHAPTER 3 "ZONING", ARTICLE IV "USE REGULATIONS",
I SECTION 3, "USE REGULATIONS" CLARIFYING THE ABILITY
FOR AN ACCESSORY USE TO BE CONDUCTED OUTSIDE A
• BUILDING WITHIN ABUTTING ROAD AND CANAL RIGHTS-OF-
1 t WAY; PROVIDING FOR CONFLICTS, SEVERABILITY,
CODIFICATION AND AN EFFECTIVE DATE.
]►
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1, WHEREAS, City regulations include provisions for restaurant seating, and boat
1. docks and decking improvements in canal rights-of-way as exceptions to the rule that all
1. business activity must be conducted in a building, and on the same property as the"principal"
1 use; and
l: WHEREAS, residential uses located along canal rights-of-way commonly use
1: abutting canals for waterfront decks, boat launches and boat docks which represent accessory
i activities and improvements to a principal use; and
2 WHEREAS, staff proposes the subject amendment to the Land Development
2► Regulations to generally clarify that the provision applies to canal rights-of-way as well as
21 road rights-of-way, and to include a general reference to the regulation categories that would
2, and would not apply.
2. NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
2. THE CITY OF BOYNTON BEACH,FLORIDA,THAT:
2 Section 1. The foregoing whereas clauses are true and correct and are now ratified
2: and confirmed by the City Commission.
Section 2. City of Boynton Beach Land Development Regulations, Chapter 3,
i "Zoning", Article IV "Use Regulations", Sec. 3 "Use Regulations" is hereby amended as
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follows:
Sec.3. Use Regulations.
A. General. Except as otherwise provided in this article, regulations governing the use of
land and structures are hereby established as shown in the following use matrix (Table 3-
28). The use matrix is intended to classify uses on the basis of common functional
characteristics and land use compatibility. The use matrix indicates eligible zoning districts
for the various uses based on the exact nature of the use, and detailed requirements which
specify permitted uses or any additional application requirements, as well as additional
l standards (see "Notes and Restrictions" of Section 3.E. below)that may be necessary to
justify and establish each use.
B. General Rules of Use Matrix. The following general rules are applicable to the use
: matrix:
1. Vacant Box. Except for within the IPUD district and PID district, a vacant box that
contains no symbol signifies that the use category is not allowed within the corresponding
zoning district.
r 2. Business Activity. All business activity and uses shall be conducted within a fully
enclosed building, and on the same property, unless otherwise specified. External use of
property. or use of abutting rights-of-way for accessory use, may require approval as
I described in Chapter 2 and/or from entities having jurisdiction over the subject rights-of-
way. Although building and site regulations would not apply (i.e. minimum setbacks,
minimum lot standards, maximum lot coverage, etc.).the accessory use or activity proposed
.; off the premises must comply with the Use Regulations and Performance Standards, as well
as all associated Site Development Standards, Building Codes, and applicable approval
requirements of any outside entity having jurisdiction.
3. Terms. Whenever the word "district" is used, it is construed to mean zoning district.
4. Column Headings in Title Block.
a. The major column headings in the title block of the use matrix(i.e., residential,
commercial, mixed use, industrial, and miscellaneous)are further defined in Chapter 1,
1 Article II, Definitions.
Section 3. Each and every other provision of the Land Development Regulations
not herein specifically amended, shall remain in full force and effect as originally adopted.
Section 4. All laws and ordinances applying to the City of Boynton Beach in
.. conflict with any provisions of this ordinance are hereby repealed.
•► 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.
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7 Section 6. Authority is hereby given to codify this Ordinance.
vI Section 7. This Ordinance shall become effective immediately.
'? FIRST READING this (o day ofC tl.J tot019.
►3 SECOND, FINAL READING AND PASSAGE this 0/2 day of 2019.
7 t CITY OF BOYNTON BEACH,FLORIDA
75
7 5 YES NO
'7
73 Mayor—Steven B. Grant ✓
7)
;) Vice Mayor—Justin Katz t✓
31
Commissioner—Mack McCray
33
t Commissioner—Christina L. Romelus r/
35
Commissioner—Ty Penserga
37
33
;) VOTE Sr-"0
)) ATTEST:
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)3 ir I e •
5 C ,'stal Gibson, MMC
)5 City Clerk
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1)1 (Corporate Seal)
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