Gateway Texaco DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA
PROJECT NAME: GATEWAY TEXACO (ADAP 02-001)
APPLICANT'S AGENT: Beril Kruger
APPLICANT'S ADDRESS: 9 NE 16th Street., Delray Beach, FL 33444
DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: September 17, 2002
TYPE OF RELIEF SOUGHT: Administrative Appeal
LOCATION OF PROPERTY: 2360 North Federal Highway
DRAWING(S): SEE EXHIBIT "A", "B", "C", "D", "E" ATTACHED HERETO.
X THIS MATTER came before the City Commission of the City of Boynton Beach, Florida
appearing on the Consent Agenda on the date above. The City Commission hereby adopts the
findings and recommendation of the Planning and Development Board, which Board found as follows:
OR
THIS MATTER came on to be heard before the City Commission of the City of Boynton
Beach, Florida on the date of hearing stated above. The City Commission having considered the
relief sought by the applicant and heard testimony from the applicant, members of city administrative
staff and the public finds as follows:
Application for the relief sought was made by the Applicant in a manner consistent with
the requirements of the City's Land Development Regulations.
The Applicant
~ HAS
HAS NOT
established by substantial competent evidence a basis for the relief requested.
The conditions for development requested by the Applicant, administrative staff, or
suggested by the public and supported by substantial competent evidence are as set
forth on Exhibit "C" with notation "Included".
The Applicant's application for relief is hereby
.)~ GRANTED subject to the conditions referenced in paragraph 3 hereof.
DENIED
5. This Order shall take effect immediately upon issuance by the City Clerk.
6. All further development on the prope,r~t~' be made in accordance with the terms
and conditions of this order.
J:\SH RDATA\Planning\SHARED\WP\FORMS\B~,~,~orrns, f~aer\Develop. Order Form-2001-
Revised.doc
July 16, 2002
DEPARTMENT OF DEVELOPMENT
PLANNING AND ZONING DIVISION
B uildin g ·
EXHIBIT A
Planning & Zoning · Occupational Licenses · Community Redevelopment
Mr. Ber/1 Kruger
Planning & Zoning Consultant
9 Northeast 16th Street
Delray Beach, FL 33444
Subject:
1) Expansion of Texaco Gas Station at 2360 N Federal Highway
2) Driveway Connection from Texaco Station and Approved Car Wash Project
Dear Mr. Kruger:
The intent of this letter is to clarify information provided to you in a previous letter dated June 14,
2002. Please be informed of the conclusion reached that pursuant to the Land Development
Regzdations, Chapter 2, Sections "D" and "G", the above-referenced changes are prohibited due to the
their involvement with a non-conforming use. However, with respect to item #2, the physical
connection could only occur through a recorded access easement that would connect the car wash
parcel to the northernmost gas station driveway at Federal Highway. Of course this is contingent upon
all modifications to the Texaco site being code-compliant. These changes should be processed as a
minor modification request to the existing site plan which is described by the attached fact sheet.
Please be sure to include all site/tabular data on the revised plans including the tabulation of required
and provided parking, and aisle and parking space dimensions.
Please be informed that you may not proceed ~vith item #! due to it involving the physical expansion
of a non-conforming use; however, this clarifying letter should be construed as the final administrative
decision to which you would file an appeal in accordance with the Land Development Regulations,
Chapter 1, Article VII, Section 1. If you still desire to appeal, please provide this office with a revised
application (letter) for appeal ~vhich ~ve will apply to the same fee, and application file that has been
recently created. If based upon this letter you no longer prefer to file an appeal, please inform me of
same in writing so that your application can be closed. Please be reminded of the filing requirements
to appeal and contact me should you have any questions.
Sincerely,
Michael W. Rumpf
Director of Planning and Zoning
MWR.'jdc
CC: Kurt Bressner
Attachment
S:,PIanning~,SI-La. RED~WP~COR.RESDCorre$!J A thru L'd<ruger, Beril Re T¢,taco Station E.xpansionmdoc
Cib/ofBoynton Beach · 100 East Boynton Beach Blvd., P.O. Box 310 · Boynton Beach, Florida 33425-0310
Phone: ~561) 742-6350 · vvww. ci.boyntonTbeach.or
Reference Page
EXHIBIT B
L. COMMERCIAL ESTABLISHMENTS ENGAGED IN THE RETAIL SALE OF G.4SOI.I.',,'E
OR GASOLINE PRODUCTS.
1. Purpose. The purpose of these regulations is to establish development standards for
commercial establishments which engage in the sale of gasoline, or other motor fuels. These
regulations are intended to cover businesses of any type, including convenience stores and
automotive service stations. The development standards established by this section would overlay
the development criteria stated in the zoning district in which these uses are allowed. Businesses,
which engage in the sale of gasoline or other motor fuels, shall require conditional use approval.
2. Definitions. For the purpose of this ordinance, the following definitions shall apply:
Ancillary building or structure. A building or structure incidental to, subordinate to and
subservient to the principal building or structure located on the premises.
Ancilla~? use. A use incidental to, subordinate to and subservient to the principal use of the
premises.
Automotive service station. The use of a building or other structure, on a lot or parcel of
land which includes any retail sale of gasoline or other motor fuels.
Convenience store. Any place of business that is engaged in the retail sale of goceries,
including the sale of prepared foods, and gasoline and services. The term "convenience store" does
not include a store which is solely or primarily a restaurant.
Gasoline dispensing establishments. Any commercial enterprise, including automotive
service stations and convenience stores, which engage in the sale of gasoline or other motor fuels to
the public.
Grade separated intersections. Use of the term grade separated intersections shall mean
any intersection wherein one road passes over another road by means of a bridge or an overpass.
3. Development standards which apply to all gasoline dispensing establishments except
those described under Subsection 4. of this section below:
a. Location.
(1) All gasoline dispensing establishments not determined to be ancillary' uses as
described in Subsection 4. below, shall be located only at the intersection of any combination of the
following roads as desi=o-nated in the Boynton Beach Comprehensive Plan:
County arterial,
State arterial,
Local collector, or
County collector.
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(2) Gasoline dispensing establishment shall only be located at any intersections
consisting of roads of four (4) lanes or wider.
(3) The maximum number of gasoline dispensing establishments located at any
intersection shall be two (2). Gasoline dispensing establishments shall only be located at diagonal
comers of permissible intersections.
b. Minimum plot size: thirty thousand (30,000) square feet.
c. Minimum street frontage: one hundred seventy-five (175) feet on each frontage
measured from the intersecting right-of-way lines of the public streets.
d. Driveways
(1) No drive~vay shall be located less than one hundred ten (110) feet from the
intersecting right-of-xvay lines of public streets.
(2) Driveways shall be a minimum of thirty (30) feet and a maximum of forty-five (45)
feet in ~vidth.
(3)
line.
(4)
Drive~vays shall not be located less than thirty (30) feet from any interior property
Driveways will be limited to one (1) per street frontage.
e. Setbacks. Setback requirements shall apply to all structures on the property including
the primary structure, or any accessory structures such as car ~vashes or above-~ound storage
facilities.
(1) Front -- 35 feet.
(2) Side -- 20 feet.
(3) Rear -- 20 feet.
(4) Other:
(a) No canopy shall be located less than twenty (20) feet from any property line.
(b) No gasoline pump island shall be located less than thirty (30) feet from any
property line.
(c) The entrance to a building wherein motor vehicles are washed by mechanical
means shall be located a minimum distance of seventy-five (75) feet from the street lines to provide
an off-street area of waiting vehicles. Car washes shall be a permitted accessory use at gasoline
dispensing establishments. Car washes shall:
1. be fully automatic;
2. recycle all water used in the car washing process.
f. Buffers.
(1) A ten-foot ,,vide landscape buffer shall be located along the street frontage. This
buffer shall contain one (1) tree ten (10) to fifteen (15) feet in height with a minimum three-inch
caliper every forty (40) feet, a continuous hedge twenty-four (24) inches high, txventy-four (24) inches
on center at time of planting with flowering groundcover.
(2) Interior property lines.
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(a) A ten-foot ,,vide landscaped buffer shall be located on all interior property lines.
When the buffer separates the property from a residentially zoned property, the buffer shall contain a
six-foot concrete ~vall landscaped on the exterior side by a continuous hedge no less than thirty-six
(36) inches high and planted twenty-four (24) inches on center at time of planting; trees ten (10) to
fifteen (15) feet in height with three-inch caliper every forty (40) feet; and =o-roundcover. When the
buffer separates the property from other commercial property, the buffer shall not be required to
contain a concrete wall. Landscaping shall be continuously maintained.
Commission.
1. The wall shall be kept in good repair and appearance at all times.
2. Openings with gates may be allowed ~vhere deemed appropriate by the City
o Design criteria.
(1) All gasoline dispensing establishments located on designated out-parcels to
shopping centers, business centers, or other planned commercial developments shall conform in
design to the approved desig-n plan of the principal center.
(2) Gasoline dispensing establishments shall conform to the community desig-n plan.
(3) All gnsoline dispensing establishments shall not install exterior site lighting which
exceeds photometric levels of 60-foot candles average maintained. Light fixtures must be baffled,
shielded, screened or recessed to prevent visibility of the lit portion of the fixture from off the
premises.
h. Conditional use. Gasoline dispensing establishments are hereby designated as a
conditional use as that term is defined in Section 11.2.
i. Distance separation requirements. No gasoline dispensing establishment shall be
located within two hundred (200) lineal feet from a residential structure. Distances for the purpose of
this subsection shall be measured from the boundary line of the parcel on which the gasoline
dispensing establishment is located to the closest boundary wall of the residential structure.
(4) As to all gasoline dispensing establishments that are an ancillary use located or
operated in or from an ancillary building or structure within a parcel of land of not less than ten (10)
acres ~vithin a "Planned Commercial District" (PCD) governed by Section 6.F. of the City of Boynton
Beach Zoning Code, and which gasoline dispensing establishment is operated by the person(s) or
entity(s) that operates the principal use located on such parcel of land; and do not meet all of the
requirements set forth under Subsection 3., above, the following shall be applicable:
a. Setbacks. Setback requirements shall apply to all structures on the portion of the
property on which the gasoline dispensing establishment is located, including the primary structure
for the gasoline dispensing establishment, or any accessory structures such as above g-round storage
facilities.
(i) Front - 35 feet.
(2) Side - 20 feet.
(3) Rear - 20 feet.
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(4) Other:
(a) No canopy shall be located less then twenty (20) feet from any property line.
property line.
(b) No gasoline pump island shall be located less than thirty (30) feet from any
(c) No gasoline pump island or canopy shall be located less than two hundred (200)
feet from any public fight-of-way.
(d) No gasoline dispensing establishment shall be located xvithin two hundred
(200) feet from a residential structure. Distances for the purpose of this subsection shall be measured
from the closest gnsoline pump island or canopy of the gasoline dispensing establishment to the
closest boundary wall of the residential structure.
b. Buffers. Except for permitted driveway openings, a five (5) foot ~vide landscaped
buffer shall be located around that portion of the parcel of xvhich the gasoline dispensing
establishment is located. When the buffer separates the portion of the property on which the
gasoline-dispensing establishment is located from a residentially zoned property, the buffer shall
contain a six (6) foot high concrete wall landscaped on the exterior side by a continuous hedge no less
than thirty-six (36) inches high and planted t~venty-four (24) inches on center at the time of planting;
trees ten (10) to fifteen (15) feet in height ~vith three-inch caliper every forty (40) feet; and
goundcover. When the buffer separates the portion of the property on ~vhich the gasoline dispensing
establishment is located from other commercial property, the buffer shall not be required to contain a
concrete wall. Landscaping shall be continuously maintained.
(1) The wall shall be kept in good repair and appearance at all times.
(2)
Commission.
Openings with gates may be allowed where deemed appropriate by the City
c. Design criteria.
(1) All gasoline dispensing establishments under this Section 4. shall conform to the
community design plan.
(2) No gasoline dispensing establishments under this Section 4. shall be permitted to
advertise product pricing on the site sign identifying the primary tenant or occupant.
(3) All gasoline dispensing establishments under this Section 4. shall not install
exterior site lighting ~vhich exceeds photometric levels of 60-foot candles average maintained. Light
fixtures must be baffled, shielded, screened, or recessed to prevent visibility of the lit portion of the
fixture from off the premises.
d. Conditional use. Gasoline dispensing establishments defined as ancillary to a principal
tenant of a planned commercial district are hereby designated as a conditional use as that term is
defined in Section 11.2.
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D. NONCONTORMING USES OF STRUCTURES.
EXHIBIT C
1. The nonconforming use of a building or other structure may be extended throughout any
part of the building or structure which ~vas clearly designed and intended for such use at the date of
the effective adoption or amendment of these regulations. Any nonconforming use which occupies a
portion of a building or other structure not originally designed or intended for such use shall not be
extended to any other part of the building or structure. No nonconforming use may be extended to
occupy any land outside the building or structure, nor any additional building or structure on the same
plat, which ',vas not used for such nonconforming use at the effective date of the adoption or
amendment of these regulations.
2. No structure used for a nonconforming use shall be enlarged, extended, reconstructed or
structurally altered, unless the use is changed to one which complies with the provisions of this
chapter [ordinance]. However, ordinary repairs, maintenance and improvements, such as plumbing
or wiring, replacement of nonbearing walls, fixtures or other interior alterations, shall be permitted
each year in an amount not to exceed twenty-five (25) percent of the assessed value of the building or
structure t'or that year as determined by the Palm Beach County Property Appraiser, subject to the
provisions of the preceding para~aph and provided such work does not increase the cubic volume of
the structure, the floor area devoted to the nonconforming use or the number of dwelling units.
Nothing in these regulations shall prevent compliance with applicable laws or ordinances relative to
the safety and sanitation of a building occupied by nonconforming use.
E. NONCONFORMING STRUCTURES. The lawful existence of a structure or building at the
effective date of the adoption or amendment to these regulations, although such structure or building
does not conform to the building and site regulations of these regulations for minimum lot area and
dimensions, minimum yard setback requirements, maximum building height, total floor area
requirements, or other characteristics of the structure, or its location on the lot, may be continued so
long as it remains otherwise lawful. A nonconforming structure or building (as opposed to a structure
or building used for a nonconforming use) may be maintained and repaired, but it shall not be added
to or altered in a fashion so as to increase the extent to which the structure or building is in violation
of applicable regulations. A nonconforming structure or building may be added or altered if such
alteration or addition does not in itself constitute a further violation of existing regulations.
F. RECONSTRUCTION OR REMOVAL. If any structure is destroyed to such an extent that
the cost of rebuilding, repair and reconstruction will exceed seventy (70) percent of its current
assessed valuation as determined by the Palm Beach County Property Appraiser, or for any reason
is moved any distance, it shall not again be used or reconstructed except in conformity with the
provisions of these Land Development Regulations.
G. CONTINUANCE, DISCONTINUANCE OR CHANGE OF NONCONFORMING USE.
1. A nonconforming use of land or structure shall not be changed to any other use except one
which would be permitted as a conforming use in the district in which the land or building is located.
However, no change shall be required in the plans, construction, or designed use of any structure for
which a building permit was la~vfully issued pursuant to Chapter 20 of the Land Development
Regulations, and upon ~vhich construction has actually begun prior to the effective date of the
adoption or amendment of these regulations.
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2. Any part of a structure or land occupied by a nonconforming use which is changed to or
occupied by a conforming use shall not thereafter be used or occupied by a nonconforming use.
3. If for any reason a nonconforming use of land, structure or any part thereof ceases or is
discontinued for a period of more than six (6) consecutive months, except when government action
impedes access thereto, the land shall not thereafter be used for a nonconforming use.
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I rll ler planning and zoning consultants
EXHIBIT D
July 31, 2002
Mr. Michael W. Rumpf, Director
Planning and Zoning Department
City of Boynton Beach
100 East Boynton Beach Blvd.
P.O. Box 310
Boynton Beach, FL 33425-O310
RE: Expansion of Texaco Gas Station at 2360 N. Federal Highway
Dear Mr. Rumpf:
Please let this letter serve as a request to appeal your decisions to the City
Commission regarding an addition at Gateway Texaco, 2360 N. Federal Highway.
A. Expansion of the Texaco Convenience Store (with Fuel Pumps) for dry storage;
The expansion of the convenience store (by an addition to rear of 600 sq. ft.)
for dry stora.qe only does not increase the non-conformity of the existing
facility and or its current use. The sale of gasoline (non-conforming use
according to the Boynton Beach Zoning Code) at this location will not be
increased. Many people shop at this convenience store that do not purchase
gasoline. We are ready to show the difference in sales between the
customers just purchasing gas, just purchasing groceries and purchasing gas
and groceries.
The closest grocery store to t.his location is the Winn Dixie at Hypoluxo Road and
U.S. Highway 1, which is over a mile away. This convenience store is located
within a short distance to numerous residential subdivisions along the east and west
side of N. Federal Highway between the C-15 Canal and Hypoluxo Road. The
location of this convenience store makes it very convenient for these people to shop
at this store who do not need gasoline. Many people just shop in this store to
purchase milk, cigarettes, soda, and other products where if this convenience store
were not here, they would have to drive up to Hypoluxo Road to the Winn Dixie,
using unnecessary gas, putting additional traffic on the roads, and polluting the air
needlessly. Many people living in this area come to the convenience store by bicycle.
It would be doing a disservice not to allow the addition on the rear of this building for
dry storage only.
Building an addition on the rear of the convenience store just for dry storage is not
only a necessity for Mr. Marouf, but it may possibly cause him to go out of business
if it is not allowed. Mr. Marouf had purchased a trailer, which is parked adjacent to
rezoning
concurrency
conditional
use,
special
exceptions,
DRC approval
site plans
annexations
comp plan
amendments,
variances
(county, state,
municipal)
abandonments
palm beach
broward
dade &
all counties
& cities
in florida
9 northeast 16th street * delray beach, florida 33444
(561) 265-4983 * fax (561) 265-4611 * e-maih bkruger@bellsouth.net
Mr. Michael W. Rumpf, Director
page 2
July 31, 2002
the parking area south of the building. The only purpose for this trailer is to store
sodas (An existing Code Enforcement Violation described below). There is not
enough room in the building to store the soda and that is the reason the addition is
being requested. Without this additional square footage to store soda, a large part
of the business will be lost. Gas sales may not be discontinued but the convenience
store may be forced to cease operation.
Along with the addition for storage on the rear of the convenience store, Mr. Marouf
will be renovating the exterior of the building to better fit in with the character of the
residential neighborhoods surrounding this property. Our Architect is currently
working on the elevations for the building.
VIOLATION:
Mr. Marouf currently has a violation before the Code Enforcement Board, Case# 1-
1450, Notice Date: June 18, 2001, with a running fine. The violation is for: PT-
LDR.CH2. SEC. 6.C.6. C-3 / EXTERIOR DISPLAY / STORAGE; "STORAGE OF
MERCHANDISE IN THE TRAILER IS NOT PERMITTED." "TRAILER MUST BE
REMOVED." The trailer is being used to store soda. It is not plugged in to
electricity nor does it have an operating refrigeration unit.
The enclosed site plan illustrates where the addition will be located and how the
additional parking spaces will be laid out. Therefore, the Texaco Convenience Store
will not lose parking spaces but gain spaces with the addition for dry storage on the
rear of the building
The only other alternative to allow the expansion of the convenience store for dry
storage and change the convenience store with gas sales to conforming would be to
change the Zoning Code to allow gasoline sales on intersections with other than just
four (4) lanes in both directions. We do not want to do this because of the
ramifications to the entire city by allowing of all of the other gasoline selling
establishments to become conforming.
By allowing the convenience store to expand for dry storage only will not increase
gas sales and therefore will not increase the non conformity of this use.
S i n c e r e I y,/~.~ ~'f~---'--'
Berit K~.u. g'e r
SENT BY FACSIMILE AND U.S. MAIL
R. eference Page 1 or'4
Boynton Beach, FL Code of Ordinances
PART III LAND DEVELOPMENT REGULATIONS*
CHAPTER 1.5 PLANNING AND DEVELOPMENT GENERALLY
EXHIBIT E
Sec. 2.1 Quasi-Judicial Authority, functions, powers and duties.
A. The CRA board shall have the authority and duty to hear and decide, in a quasi-judicial
capacity, administrative appeals, special exceptions and variances.
B. Administrative appeals. The board has the authority to hear and decide appeals when it is
alleged that there is error in any order, requirement, decision or determination made by an
administrative official in the enforcement of any zoning ordinance or regulation adopted pursuant to
the section.
C. Special exceptions. The board has the authority and duty to hear and decide requests for
special exceptions. To decide such questions as are involved in the determination of ~vhen such
special exceptions should be granted. To grant special exceptions ~vith appropriate conditions and
safeguards or to deny such special exceptions when not in harmony ~vith the purpose and intent of
this section. The follo~ving standards apply to the board power to grant special exceptions:
1. The board shall find that in granting the special exception, the public interest xvill not be
adversely affected.
2. The board may prescribe appropriate conditions and safeguards in conformity ~vith this
chapter. Violation of such conditions and safeguards, when made part of the terms under which the
special exception is granted, shall constitute grounds for the revocation of the special exception and
the certificate of occupancy or occupational license associated therewith.
3. The board may prescribe a reasonable time limit ~vithin xvhich the action for xvhich the
special exception is required shall begin or be completed, or both.
D. Variances. The board has the authority and duty to authorize upon appeal such variance
from the teams of a city ordinance as will not be contrary to the public interest when, owing to special
conditions, a literal enforcement of the provisions of the city ordinance ~vould result in unnecessary
and undue hardship.
1. In order to authorize any variance from the terms of an ordinance, the board must find:
a. That special conditions and circumstances exist which are peculiar to the land,
structure or building involved, and ~vhich are not applicable to other lands, structures or buildings in
the same zoning district.
b. That special conditions and circumstances do not result from the actions of the
applicant for the variance.
c. That granting the variance requested will not confer on the applicant any special
privilege that is denied by this section to other lands, structures or buildings in the same zoning
district.
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d. That literal interpretations of the provisions of the ordinance would deprive the
applicant of rights commonly enjoyed by other properties in the same zoning district under the terms
of the ordinance and would ~vork unnecessary and undue hardship on the applicant.
e. That the variance granted is the minimum variance that will make possible reasonable
use of the land, structure or building.
f. That the grant of the variance will be in harmony with the general intent and purpose
of this chapter and that such variance will not be injurious to the area involved or be other~vise
detrimental to the public welfare.
o For variances to minimum lot area or lot frontage requirements, that property is not
,..~.
available from adjacent properties in order to meet these requirements, or that the acquisition of such
property would cause the adjacent property or structures to become nonconforming. The applicant for
such variances shall provide an affidavit with the application for variance stating that the above
mentioned conditions exist with respect to the acquisition of additional property.
2. In granting a variance:
a. The board may prescribe appropriate conditions and safeguards in conformity with this
section. Violations of such conditions and safeguards, when made a part of the terms under which the
variance is granted, shall be deemed a violation of this section.
b. The board may prescribe a reasonable time limit within which the action for which the
variance is required shall begin, be completed, or both.
c. Where variances of lot area and maximum densities are requested, and such variance,
if granted, would cause the density to exceed the density shown on the future land use map of the
city's comprehensive plan, the density created shall be construed to be in conformance with the
comprehensive plan if the board finds that the variance meets the conditions set forth in this section
for granting the same, and the variance would only allo~v for the construction of a single-family
detached dwelling.
_j~ E. Procedures for variances, special exceptions and appeals of administrative actions.
1. Exceptions. Under no circumstances except as permitted above shall the board grant a
variance to permit a use not generally or by special exception permitted in the zoning district
involved or. any use expressly or by implication prohibited in the applicable zoning district. No
nonconforming use of neighboring lands, structures or buildings in other zoning districts shall be
considered grounds for the authorization of a variance.
2. Review of administrative orders. In exercising its powers, the board may, upon appeal
and in conformity with the provisions of this section, reverse or affirm, wholly or partly, or may
modify the order, requirement, decision or determination made by an administrative official in the
enforcement of any zoning ordinance or regulation adopted pursuant to this section and may make
any necessary order, requirement, decision or determination, and to that end shall have the powers of
the officer from whom the appeal is taken. A majority vote shall be necessary to reverse an order,
requirement, decision or determination of any such administrative official or to decide in favor of the
applicant on any matter upon which the board is required to pass under this section.
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3. Appeals from decision of administrative official. Appeals to the board may be taken by
any person aggrieved or affected by any decision of an administrative official interpreting any zoning
ordinance. Such appeal shall be taken within thirty (30) days after rendition of the order, requirement,
decision, or determination appealed from by filing with the officer from whom the appeal is taken
and with the board, a notice of appeal specifying the grounds thereof.
4. Stay of work and proceeding on appeals. An appeal to the board stays all work on the
premises and all proceedings in furtherance of the action appealed from, unless the official from
~vhom the appeal is taken shall certify to the board that, by reason of facts stated in the certificate, a
stay would cause imminent peril of life or property. In such case, proceedings or work shall not be
stayed except by a restraining order which may be granted by the board, or by a court of record on the
application, on notice to the officer from whom the appeal is taken and on due cause shown.
5. Hearing of appeals. The board shall fix a reasonable time for the hearing of the appeal,
give the public notice thereof, as well as due notice to the parties in interest, and decide the same
within a reasonable time. Upon the hearing, any person may appear in person, by agent or attorney.
Applicants shall be required to file a proper form (supplied by staff), a current certified survey
accompanied by a fee as adopted by resolution of the City Commission. For procedural purposes, an
application for a special exception shall be handled by the board as for appeals.
6. Review of decisions of the Board. Any person may appeal variance, special exception, or
appeal of administrative order to the City Commission of the City of Boynton Beach within twenty
(20) days after rendition of the decision by the CRA board. The decision of the City Commission
shall be deemed final subject only to review by writ of certiorari to the Palm Beach County Circuit
Court.
7. Withdrawal or denial of application.
a. Upon the denial of an application for relief hereunder, in whole or in part, a period of
one (1) year must elapse prior to the filing of a subsequent application affecting the same property or
any portion thereof.
b. Upon the withdrawal of an application, in whole or in part, a period of six (6) months
must run prior to the filing of a subsequent application affecting the same property or any portion
thereof, unless the decision of the board is without prejudice; and provided that the period of
limitation shall be increased to a two (2) year waiting period in the event such an application, in
whole or in part, has been twice or more denied or withdrawn.
c. An application may be withdrawn without prejudice by the applicant as a matter of
right; provided the request for withdrawal is in ~vriting and executed in a manner and on a form
prescribed by the board and filed with the board at least one (1) ~veek prior to any scheduled hearing
scheduled before the board concerning the application; otherwise, all such requests for withdrawal
shall be with prejudice. No application may be withdrawn after action has been taken by the board.
When an application is withdrawn without prejudice, the time limitations for re-application provided
herein shall not apply.
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Referenqe Page 4 of 4
F. Advertising requirements. Required advertisements for the applicant's request must appear
in newspaper of general circulation in the City of Boynton Beach, at least fifteen (15) days prior to
the scheduled CRA board meeting. All required notices to surrounding property owners must be
postmarked no later than fifteen (15) days prior to that scheduled public hearing.
(Ord. No. 00-70, § 2, 12-19~00)
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