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45-86 FAILED ORDINANCE NO. 45-86~ AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 30 "ZONING", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING SECTION 30-10 "CC (COMMUNITY COMMERCIAL) DISTRICT, (B) "PERMITTED USES" BY ADDING "AMUSEMENT GAME FACILITIES" AS A PERMITTED USE; BY AMENDING SECTION 30-10 "CC (COMMUNITY COMMERCIAL) DISTRICT, (C) "CONDITIONAL USES" TO PROVIDE THAT AMUSEMENT GAME FACILITIES SHALL NOT BE LOCATED WITHIN THREE HUNDRED FEET OF ANY ESTABLISHED SCHOOL; BY AMENDING SECTION 30-11 "GC (GENERAL COMMERCIAL) DISTRICT, (B) "PERMITTED USES" BY ADDING "AMUSEMENT GAME FACILITIES", AS A PERMITTED USE; BY AMENDING SECTION 30-11 "GC (GENERAL CO~%MERCIAL) DISTRICT", (C) "CONDITIONAL USES" TO PROVIDE THAT AMUSEMENT GAME FACILITIES SHALL NOT BE LOCATED WITHIN THREE HUNDRED FEET OF ANY ESTABLISHED SCHOOL; BY AMENDING SECTION 30-12 "SC (SPECIALIZED COMMERCIAL) DISTRICT", (B) "PERMITTED USES" BY ADDING "A2~USEMENT GAME FACILITIES" AS A PERMITTED USE; BY AMENDING SECTION 30-12 "SC (SPECIALIZED COMMERCIAL) DISTRICT", (C) "CONDITIONAL USES" TO PROVIDE THAT AMUSEMENT GAME FACILITIES SHALL NOT BE LOCATED WITHIN THREE HUNDRED FEET OF ANY ESTABLISHED SCHOOL; BY AMENDING SECTION 30-13 "CBD (CENTRAL BUSINESS) DISTRICT", (B) "PERMITTED USES" BY ADDING "AMUSEMENT GAME FACILITIES" AS A PERMITTED USE; BY AMENDING SECTION 30-13 "CBD (CENTRAL BUSINESS) DISTRICT", (C) "CONDITIONAL USES" TO PROVIDE THAT AMUSEMENT GAME FACILITIES SHALL NOT BE LOCATED WITHIN THREE HUNDRED FEET OF ANY ESTABLISHED SCHOOL; BY AMENDING SECTION 30-13.1 "LC (LIMITED COMMERCIAL) DISTRICT", (B) "PERMITTED USES" BY ADDING "AMUSEMENT GAME FACILITIES" AS A PERMITTED USE: PROVIDING A SAVING CLAUSE; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING AN EFFECTIVE DATE. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That Chapter 30 "Zoning", Section 30-10 "CC (Community Commercial) District", (B) "Permitted Uses" of the Code of Ordinances of the City of Delray Beach, Florida, is hereby amended by adding the following as a permitted use: Amusement game facilities, up to three (3) in number, limited to such uses as pinball, air hockey, electronic games, pool, billiards, and other similar games. Section 2. That Chapter 30 "Zoning", Section 30-10 "CC (Community Commercial) District", (C) "Conditional Uses" of the Code of Ordinances of the City of Delray Beach, Florida, is hereby amended to read as follows: (1) ~Amusement game facilities, over three (3) in number, limited to such uses as pinball, air hockey, electronic games, pool, billiards, and other similar games, operated only when an attendant is on the premises; provided said facili~v shall not be located within three hundred (300) feet of any established school. The distance of three hundred (300) feet shall be measured by a straight line from the nearest point of the building of the place of business, location or establishment to the nearest point of the school grounds in use as part of the school facilities. Section 3. That Chapter 30 "Zoning", Section 30-11 "GC (General Commercial) District", (B) "Permitted Uses" of the Code of Ordinances of the City of Delray Beach, Florida, is hereby amended by adding the following as a permitted use: Amusement game facilities, up to three (3) in number, limited to such uses as pinball, air hockey, electronic games, pool, billiards, and other similar games. Section 4. That Chapter 30 "Zoning", Section 30-11 "GC (General Commercial) District, (C) "Conditional Uses" of the Code of Ordinances of the City of Delray Beach, Florida, is hereby amended to read as follows: (2) Amusement game facilities, over three (3) in number, limited to such uses as pinball, air hockey, electronic games, pool, billiards, and other similar games, operated only when an attendant is on the premises; ~rovided. said facili.ty shall not be located within three hundred (~00) feet of any established school. The distance of three hundred (300) feet shall be measured by a straight line from the nearest point of the building of the place of business, location or establishment to the nearest point of the school grounds in use as part of the school facilities. Section 5. That Chapter 30 "Zoning", Section 30-12 "SC (Specialized CommerCial) District", (B) "Permitted Uses" of the Code of Ordinances of the City of Delray Beach, Florida, is hereby amended by adding the following as a permitted use: Amusement game facilities, up to three (3) in number, limited to such uses as pinball, air hockey, electronic games, pool, billiards, and other similar games. Section 6. That Chapter 30 "Zoning", Section 30-12 "SC '(Specialized Commercial) District", (C) "Conditional Uses" of the Code of Ordinances of the City of Delray Beach, Florida, is hereby amended to read as follows: (1) Amusement game -facilities, over three (3) in number, limited to such uses as pinball, air hockey, electronic games, pool, billiards, and other similar games, operated only when an attendant is on the premises; provided said facility shall not be located within three hundred (300) feet of any established school. The distance of three 'hundred (300) feet shall be measured.by., a straight li~e from the nearest p~int of the building o~ the place of business, location or establishment to the nearest point of the school grounds in use as part of the school facilities. Section 7. That Chapter 30 "Zoning", Section 30-13 "CBD (Central Business) District", (B) "Permitted Uses" of the Code of Ordinances of the City of Delray Beach, Florida, is hereby amended by adding the following as a permitted use: Amusement game facilities, up to three (3) in number, limited to such uses as pinball, air hockey, electronic games, pool, billiards, and other similar games. Section 8. That Chapter 30 "Zoning", Section 30-13 "CBD (Central Business) District", (C) "Conditional Uses" of the Code of Ordinances of the City of Delray Beach, Florida, is hereby amended to read as follows: - 2 - Ord. No. 45-86 (2) Amusement game facilities, over three (3) in number, limited to such uses as pinball, air hockey, electronic games, pool, billiards, and other similar e~-~pe~e~ games, operated only when an attendant is on the premises; provided said facility shall not be located within three hundred (300) feet of any established school. The distance of three hundred '(300) feet shall be measured by a straight line from the nearest point of the building of the place of business, location or establishment to the nearest point of the school grounds in use as part of .the school facilities. SectiOn 9. That Chapter 30 "Zoning", Section 30-13.1 "LC (Limited Commercial) District", (B) "Permitted Uses" of the Code of Ordinances of the City of Delray Beach, Florida, is hereby amended by adding the following as a permitted use: Amusement game facilities, up to three (3) in number, limited to such uses as pinball, air hockey, electronic games, pool, billiards, and other similar games. Section 10.. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a Court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 11. That all ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed. Section 12. That this ordinance shall become effective ten days after passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the day of , 1986. MAYOR ATTEST: City Clerk First Reading Second Reading FAILED - 3 - Ord. No. 45-86