26-004 ORDINANCE NO. 26-004
1 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
2 BOYNTON BEACH, FLORIDA, AMENDING PART III, CHAPTER 2,
3 ARTICLE I, SECTION 2 TYPES OF LAND DEVELOPMENT APPLICATIONS;
4 AND CHAPTER 2, ARTICLE II, SECTION 4.B. COMMUNITY DESIGN
5 APPEAL; TO ADD AN ADMINISTRATIVE APPROVAL PROCESS;
6 PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY;
7 PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE
8 DATE.
9
10 WHEREAS, Part III "Land Development Regulations," Chapter 2 "Land Development
11 Process", Article I, Section 2 "Types of Land Development Applications" and Chapter 2, Article II
12 "Planning and Zoning Division Services," Section 4.B. "Community Design Appeal," of the City's
13 Code of Ordinances currently regulates the procedures and applications for development
14 approval within the City; and
15 WHEREAS, the City Commission of the City of Boynton Beach, Florida, deems it to be in
16 the best interest of the citizens and residents of the City to update its regulations regarding the
17 procedures and applications for development approval within the City; and
18 WHEREAS, the Development Department would like to amend the City's Land
19 Development Regulations to add an administrative approval process for Community Design
20 Appeal applications when the requests are appropriately mitigated and all associated applications
21 for the applicable project are administratively approved; and
22 WHEREAS, the City Commission has determined that this amendment serves the public
23 health, safety, and welfare of the citizens of the City of Boynton Beach.
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ORDINANCE NO. 26-004
24 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
25 BOYNTON BEACH, FLORIDA:
26 Section 1: The foregoing "WHEREAS" clauses are hereby ratified as being true and
27 correct and are hereby made a specific part of this Ordinance upon adoption hereof.
28 Section 2: The City's Code of Ordinances, Part III "Land Development Regulations,"
29 Chapter 2 "Land Development Process" is hereby amended to read as follows:
30 PART III LAND DEVELOPMENT REGULATIONS
31 ...
32 CHAPTER 2. LAND DEVELOPMENT PROCESS
33 ...
34 ARTICLE I. OVERVIEW
35 ...
36 Sec. 2. Types of Land Development Applications.
37 A. Table 2-1. Applications by City Departments.
38 Legend:
39 HRPB: Historic Resources Preservation Board
40 P&Z: Planning and Zoning Division
41 P&D: Planning and Development Board
42 CRA: Community Redevelopment Agency
43 CC: City Commission
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ORDINANCE NO. 26-004
APPLICATION CODE REVIEWING APPROVING PUBLIC HEARING
TYPE SECTION AUTHORITY AUTHORITY REQUIRED?
(STAFF)
ARTICLE II. PLANNING AND ZONING DIVISION SERVICES
Standard Applications
Art II, Sec. Director of
Annexation CC Yes
2.A. P&Z
Comprehensive Plan Amendment
Art. II,
Text City Initiated Only
Sec. 2.6.2.
Future Land Use Art II, Sec. Director of
Map (FLUM) 2.B.3. P&Z CC Yes
Director of P&Z
Art. II,
Conditional Use CC
Sec. 2.C.
Yes
Conditional Use Art. II,
Time Extension Sec. 2.C.6.
Art. II, Director of
Rezoning CC Yes*
Sec. 2.D. P&Z
Art. II,
Master Plan (New)
Sec. 2.D.6.
Master Plan Art. II,
Modification Sec.
(Major) 2.D.6.g.
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ORDINANCE NO. 26-004
APPLICATION CODE REVIEWING APPROVING PUBLIC HEARING
TYPE SECTION AUTHORITY AUTHORITY REQUIRED?
(STAFF)
Master Plan Art. II,
Modification Sec. Director of P&Z No
(Minor) 2.D.6.h.
Art. II, Director of
Sign Program Director of P&Z No
Sec. 2.E. P&Z
Art. II, Director of
Site Plan Review CC Yes*
Sec. 2.F. P&Z
Site Plan Time Art. II,
Extension Sec. 2.F.6.
Site Plan
Art. II,
Modification
Sec. 2.F.7.
(Major)
Site Plan
Modification Director of P&Z No
(Minor)
Vacation and Art. II, Director of
CC Yes*
Abandonment Sec. 2.G. P&Z
Planned Industrial Development (PID) Applications
Master Site Plan
Art. II, Director of
(New) PID Zoning CC Yes
Sec. 3.A. P&Z
District Only
Master Site Plan Art. II,
Modification, Major Sec. 3.A.6.
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ORDINANCE NO. 26-004
APPLICATION CODE REVIEWING APPROVING PUBLIC HEARING
TYPE SECTION AUTHORITY AUTHORITY REQUIRED?
(STAFF)
Master Site Plan
Director of P&Z No
Modification, Minor
Technical Site Plan
Art. II, Director of
(New) PID Zoning Director of P&Z No
Sec. 3.B. P&Z
District Only
Technical Site Plan Art. II,
Modification, Major Sec. 3.B.6.
Technical Site Plan
Modification, Minor
Art. II, Director of
Waiver CC Yes
Sec. 3.C. P&Z
Relief Applications
Administrative Art. II, Director of
Director of P&Z No
Adjustment Sec. 4.A. P&Z
CC Yes
(Director of P&Z No
Art. II Director of l(For administratively /For administratively
Community Design Sec. 4.B. P&Z `laooroved vroiects as garoved projects as
Appeal l outlined in Chanter Z outlined in Chapter 2
lArticle II, Section 48 Article I1, Section 48
ICommunitv Desian Community Desian
Appeal) Appeal)
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ORDINANCE NO. 26-004
APPLICATION CODE REVIEWING APPROVING PUBLIC HEARING
TYPE SECTION AUTHORITY AUTHORITY REQUIRED?
(STAFF)
Art. II, Director of
Height Exception CC Yes
Sec. 4.C. P&Z
Reasonable Art. II, Director of
Director of P&Z No
Accommodation Sec. 4.F. P&Z
Variance to Land
Art. II, Director of
Development CC Yes*
Sec. 4.D. P&Z
Regulations
Art. II, Director of
Waiver See Site Plan Review See Site Plan Review
Sec. 4.E. P&Z
Permit Applications
Art. II, Director of
Sign Permit Director of P&Z No
Sec. 5.A. P&Z
Art. II, Director of
Zoning Permit Director of P&Z No
Sec. 5.B. P&Z
Historic Preservation
Certificate of Art. II, Director of
HRPB Yes
Appropriateness Sec. 6.A. P&Z
Historic District or
Art. II, Director of
Properties CC Yes*
Sec. 6.B. P&Z
Designation
Historic Art. II, Director of
Preservation CC Yes
Sec. 6.C. P&Z
Property Tax
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ORDINANCE NO. 26-004
APPLICATION CODE REVIEWING APPROVING PUBLIC HEARING
TYPE SECTION AUTHORITY AUTHORITY REQUIRED?
(STAFF)
Exemption
Application
Other Applications
Certificate of Art. II, Director of
Director of P&Z No
Conformity Sec. 7.A. P&Z
Lot Line Art. II, Director of
Director of P&Z No
Modification Sec. 7.B. P&Z
Mobile Vendor Art. II, Director of
Director of P&Z No
Approval Sec. 7.C. P&Z
Mobile Vendor Art. II, See Special
See Special Events No
Assembly Sec. 7.C. Events
Modification to Art. II, Director of
CC Yes
Development Order Sec. 7.D. P&Z
Sidewalk Café Art. II, Director of
CC No
Approval Sec. 7.E. P&Z
Zoning Verification Art. II, Director of
Director of P&Z No
Letter Sec. 7.G. P&Z
44
45 ...
46 ARTICLE II. PLANNING AND ZONING DIVISION SERVICES
47 ...
48 Sec. 4. Relief Applications.
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ORDINANCE NO. 26-004
49 ...
50 B. Community Design Appeal.
51 1. General.
52 a. Purpose and Intent. The purpose of this subsection is to provide a relief process that allows for
53 deviations from specific build-to line requirements of Chapter 3, Article III and any community
54 design standard of Chapter 4 of these Land Development Regulations. The intent of this
55 application process is not to provide a means of circumventing such standards but to allow for
56 flexibility, and alternative ways to meet the intent of the Code to yield high quality design,
57 architectural detail, and visual interest without negative impacts to the subject site or surrounding
58 properties.
59 b.Applicability.This application shall be applicable to any requested deviation from specific build-
60 to line requirements of the Mixed-Use Urban Building and Site Regulations (Table 3-4); Urban
61 Commercial District Overlay Zone (Table 3-26); or any community design standard of Chapter 4
62 of these Land Development Regulations.The requested appeal shall be processed concurrent with
63 a site plan unless otherwise determined by the Director of Planning and Zoning or designee.
64 c. Rules. For the purposes of this subsection, a "site plan" shall be construed to include a new site
65 plan, major modification, or minor modification.
66 2. Submittal Requirements. See Section 1.D. above for the submittal requirements of this
67 application.
68 3. Review Criteria. In granting relief to any community design standard of Chapter 4, the City
69 Commission iustification must find demonstrate that the subject appeal meets the intent of the
70 affected standard, does not diminish its practical application, and that an acceptable development
71 product and/or design will result. The following review criteria shall be used to justify an
72 application for appeal:
73 a. Whether the proposed request will demonstrate consistency with the Comprehensive Plan.
74 b. Whether the proposed request will not significantly detract from the livability or appearance of
75 the city and will be consistent with the established or desired character of the area, or with the
76 redevelopment plan, where applicable.
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ORDINANCE NO. 26-004
77 c. On balance, whether the proposed request will be consistent with the purpose of the standard
78 for which a deviation is requested. Granting the request will equally or better meet the purpose
79 of the standard to be appealed.
80 d. Whether the proposed request is intended to save or preserve existing trees or desired flora.
81 (1) Whether the applicant is unable to design or locate proposed buildings, structures, or
82 improvements and preserve the tree(s)and comply with all provisions of these community design
83 standards without causing the applicant undue hardship; and
84 (2) Whether it is not feasible to transplant the trees to another location on the subject site
85 considering the following: 1) shape and dimensions of the real property; 2) location of existing
86 structures and infrastructure improvements; and 3) size, age, health, and species of trees sought
87 to be protected.
88 e. Whether the proposed request will have adverse environmental impacts that cannot be
89 prevented by the imposition of conditions.
90 f. Whether the proposed request will have an adverse impact on property values of abutting or
91 adjacent land.
92 g. Whether the proposed request will seriously reduce the quality or quantity of light and air
93 available to adjacent properties.
94 h. Whether the proposed request is necessary to further the objectives of the city to assist with
95 economic development and business promotion.
96 i. Whether the proposed request meets the purpose and intent of these regulations but conflicts
97 with another site development standard or requirement, including sustainable development and
98 green initiatives.
99 4. Approval Process. An application for community design appeal requires review by the City
100 Commission, or by the Director of Plannina and Zonina as outlined below. and shall be processed
101 in accordance with Chapter 2, Article I, Section 3. A Community Desian Appeal application may
102 be approved administratively when the reauests are appropriately mitiaated and all associated
103 applications for the applicable project are administratively approved.
104 5. Expiration. Pursuant to Section 4.B.1.b. above, the community design appeal shall be processed
105 concurrent with a site plan. The approval of an appeal shall remain valid as long as the
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ORDINANCE NO. 26-004
106 corresponding site plan approval remains in effect. See Section 2.F.5. above for additional
107 information regarding the expiration and extension of a site plan.
108 ...
109 Section 3: Codification. It is the intention of the City Commission of the City of
no Boynton Beach, and it is hereby ordained that the provisions of this Ordinance shall become and
111 be made a part of the Code and Ordinances of the City of Boynton Beach, Florida, and that
112 Sections of this Ordinance may be renumbered, re-lettered and the word "Ordinance" may be
113 changed to"Section,""Article,"or such other word or phrase in order to accomplish such intention.
114 Section 4: Severability. If any clause, section, or other part of this Ordinance shall be
115 held by any court of competent jurisdiction to be unconstitutional or invalid, such unconstitutional
116 or invalid part shall be considered as eliminated and in no way affecting the validity of the other
117 provisions of this Ordinance.
118 Section 5: Conflicts. That all Ordinances or parts of Ordinances, Resolutions, or
119 parts of Resolutions in conflict herewith, be and the same are repealed to the extent of such
120 conflict.
121 Section 6: Effective Date. That this Ordinance shall take effect immediately
122 upon passage.
123 Signatures Page to Follow
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ORDINANCE NO. 26-004
124 FIRST READING this oa day of N-e)CA.cA , 2026.
125 SECOND, FINAL READING AND PASSAGE this 3 day of c r Ch , 2026.
126 CITY OF BOYNTON BEACH, FLORIDA
127 YES NO
128
129 Mayor- Rebecca Shelton ✓
130
131 Vice Mayor- Woodrow L. Hay ✓
132
133 Commissioner-Angela Cruz
134
135 Commissioner-Thomas Turkin
136
137 Commissioner-Aimee Kelley
138 u l
139 VOTE 1 "
140 ATTEST:
1.41.
142
143 (-2 t
144 Tammy S�ne, CMC Rebecca Shelton
145 Deputy City Clerk Mayor
146 c30
�. ......TO`;‘`,
147 � � �oR R•.ti1.1 APPROVED AS TO FORM:
148 (Corporate Seal) %�.: A�rF'•.t9
149 p i V; SEA r' i )44a., �
150 � ;INCORPORATED.' i Shawna G. Lamb
151 '�� •••• 920•." City Attorney
-`•. 'LORID1
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