Loading...
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: s:ca\ordk~cousti Co~missioner · ' '