O01-09 OP, DIN NCE NO. 01-d?
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY
OF BOYNTON BEACH, FLORIDA AMENDING THE CITY
CODE OF ORDINANCES, CHAPTER 2, "ZONING",
SECTION 11.2, "CONDITIONAL USES" CREATING
PARAGRAPH 13, TO PROVIDE THAT APPLICATIONS FOR
NIGHTCLUBS, BARS, AND OTHER SIMILAR
ESTABLISHMENTS SHALL INCLUDE ACOUSTIC SOUND
ANALYSIS TO DEMONSTRATE THAT SOUND SHALL NOT
ESCAPE ESTABLISHMENTS; PROVIDING FOR CONFLICTS,
SEVERABILITY, CODIFICATION AND AN EFFECTIVE DATE.
WltEREAS, staff has recommended an amendment to the Conditional Uses section of the
City's Code of Ordinances to ensure that sound emitting from nightclubs, bars and similar
establishments would not interfere with quiet enjoyment of adjacent property owners;
WItEREAS, upon recommendation of staff, the City Commission of the City of Boynton
Beach has deemed it to be in the best interests of the citizens and residents of the City of Boynton
Beach to amend the Conditional Uses section of the Code to provide that all conditional use
applications for nightclubs, bars and similar establishments shall provide acoustic sound analysis to
ensure compliance with City's Acoustic Code, Part II, Chapter 15, section 15-8.8 and performance
standards established under Part III, Chapter 2, Zoning, section 4 (N).
NOW TItEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF TI:IE
CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section 1. The foregoing whereas clauses are tree and correct and are now ratified and
confirmed by the City Commission.
Section 2. Creating paragraph 13, Chapter 2, amending the Conditional Uses section of the
Code, in underline type as follows:
1.3. REQUIRED ANALYSIS
All conditional use applications for bars, nightclubs and similar establishments shall
include the following an_alysis:
A. Data on the sound emitting devices/equipment and the methods and materials to be
used to assure that the acoustic level of the Cit,z Code will be met.
B. The analysis shall speci~ the authority and/or basis for determination of the
acoustic level of the sound emittimz devices/equipment.
C. The an.al'¥sis of any sound retention, reduction or reflection shall
include infb~rnation such as the nature, _types and coefficients of sound absorbent and sound-
reflectin.g materials to be used,__C_coatin.gs of the surfaces of ceilings, walls, windows, and
floors and insulation to be used.
D. tt shall also verify that so'and standards shall be met during the_
normal ope~ of doors for people entering_and exiting the establishment.
Section 3. 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 4. Authority is hereby given to codify this Ordinance.
Section 5. This Ordinance shall become effective immediately.
FIRST READING this ! (~ day of January, 2001.
SECOND, FINAL READING AND PASSAGE this ~, day of ~',~, 2001.
ATTEST:
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Co~missioner · ' '