CHAPTER1.5 Chapter 1.5
PLANNING AND DEVELOPMENT GENERALLY
Art. I. In General be performed by the Community Redevelopment
Art. II. Community Redevelopment Agency Board Agency as modified in Art icle II of Chapter 1.5. All
Art. III. Reserved references to the Planning and Development Board in
Art. IV. Reserved this Chapter shall be construed to mean the
Art. V. Reserved Community Redevelopment Agency when applied to
Art. VI. Concurrency Requirements land development activity within the boundaries of
Art. VII. Federal Highway C orridor Community the Community Redevelopment Area.
Redevelopment Plan (Ord. No. 00 - 71, § 2, 12 - 19 - 00)
Sec. 2. Terms of offices; removal; vacancies.
ARTICLE I. IN GENERAL
A. On first appointment to the board, three (3)
members and two (2) alternate members shall each
Sec. 1. Planning and development
have an initial term of one (1) year. On first
board — Establishment and composition.
appointment to the board, fo ur (4) members shall
have two - year terms. Thereafter, the term of office
A. A City of Boynton Beach Planning and for each member of the planning and development
Development Board is hereby created and board shall be two (2) years. Subsequent alternate
established, consisting of seven (7) regular members members shall be appointed for one - year terms.
and two (2) alternate members appointed by the City
Commission of the City of Boynton Beach, Florida. B. The members of the planning a nd
development board shall hold office until the first
B. The mayor and City Commission shall Tuesday in April of the year such members' terms
appoint the members of the planning and expire. Each member shall hold office until his
development board in accordance with the successor is duly appointed and qualified. Any
appointment pro cedures followed by the commission. member appointed to serve in lieu of any member on
The nomination shall be subject to the confirmation acco unt of death, resignation, removal or disability of
of a majority vote of the City Commission. such member, shall serve only for the unexpired term
of such original member.
C. All members of the planning and develop -
ment board must be residents of the City of Boynton C. Should a member of the planning and
Beach, Florida. development board move outside of the jurisdictional
boundaries of the city, the memb er shall become
D. The co mmission in appointing members to disqualified, and a new member shall be appointed by
the planning and development board shall give the City Commission.
preference, when possible, to design professionals
licensed in the disciplines of architecture, landscape D. Any vacancy occurring shall be filled by the
architecture, landscape design and planning. City Commission.
E. The authority, funct ions, powers and duties E. The City Commission shall appoint two (2)
of the Planning and Development Board as alternates to serve when members of the planning and
hereinafter set forth in this Chapter shall, within the development board are absent. The alternates shall
boundaries of the Community Redevelopment Area, reside within the jurisdictional boundaries of the city
be vested in and and all other restriction set forth in Sections 1 through
1
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Sec. 4. Advisory authority, functions, powers,
6 as to members of the planning and developmen t
board shall apply to the alternates. Alternate members
shall have preference in appointment to vacancies
created by death, resignation, removal or end of term
of regular members.
F. A member of the board is permitted to have
three (3) absences during any one year period. The
fourth absence shall result in removal from the board.
(Ord. No. 97 - 44, § 1, 9 - 2 - 97; Ord. No. 01 - 60, § 2, 12 -
18 - 01)
Sec. 3. Selection of chair and vice chair: rules of
A. The planning and development board shall
procedure.
have the autho rity and duty to consider and
recommend upon applications, as hereinafter set
A. At the first regular meeting of the planning forth, after first considering the recommendations
and development board in April of each year, the thereon of the city planning and zoning department,
Board shall elect a chairman and vice chairman from and after a determination of fact that application will
among its members. not generate excess ive noise or traffic; tend to create
a fire, disease or other equally or dangerous hazards;
B. The planning and development board shall provoke excessive overcrowding or concentration of
meet on the fourth Tuesday of each and every month, people or population; be in harmony and compatible
and at such other times as the chairm an may with the present and future developments of the area
determine. The board shall operate in accordance with concerned ; conserve the value of buildings and
Robert's Rules of Procedure as amended and clarified encourage the most appropriate use of land and
from time to time. All meetings of the board shall be water; provide adequate light and air; promote such
open to the public, and a record of all meetings shall distribution of population and such classification of
be kept and maintained in accor dance with Florida land uses, development and utilization as will tend to
Public Records Laws. facilitate and provide adequate provisions for public
requirements, including, but not limited to,
C. The chairperson, or in his or her absence, the transportation, water flowage, water supply, drainage
acting chairperson, may administer oaths and compel sanitation educational opportunities, recreation, soil
the attendance of witnesses. The board shall keep fertility, environmental protection, and food supplies;
minutes of its proceedings, showing the vote of each pr ohibit wasteful and excessive scattering of
member o n each question, or if absent or abstaining, population of settlements; conform to the character of
indicating such fact. No member shall abstain from the district and its particular suitability for particular
voting unless he or she has a conflict of interest uses; be consistent with the needs of the city for land
pursuant to the provisions contained herein or in areas for specific purposes to serve popul ation
accordance with Chapter 112, Florida Statutes. The economic activities; protect the tax base; facilitate
record s of the board shall be filed in the office of the and carry forward the intent and purpose of the city's
city clerk and shall be public records. comprehensive plan; would not be disruptive to the
(Ord. No. 01 - 13, § 2, 3 - 6 - 01) character of the neighborhood or adverse to play
grounds, parks, schools and recreation ar eas; would
not be adverse to the promotion of public health,
safety, comfort, convenience, order, appearance,
prosperity or general welfare.
2002 S - 17 B. The planning and development board shall
have all powers heretofore vested in the planning and
zoning board an d the community appearance board.
C. The planning and development board shall
be responsible for all duties heretofore carried out by
the planning and zoning board and the community
appearance board.
Planning and Development Generally
3
D. All references in the Land Development C. Special Exceptions. The board has the
Regulations of the City of Boynton Beach to the authority and duty to hear and decide requests for
planning and zoning board or to the community special exceptions. To decide such questions as are
appearance board shall hereinafter be construed to involved in the determination of when such special
mean the Planning and Development Board. exceptions should be granted. To grant special
exceptions with appropriate conditions an d
E. Provide recommendations to th e community safeguards or to deny such special exceptions when
redevelopment agency for matters related to the not in harmony with the purpose and intent of this
central business district. section. The following standards apply to the board
power to grant special exceptions:
1. The board shall have the power to issue
nonbinding recommendations to the community 1. The board shall find that in granting
redevelopment agency on matters specifically referred the special exception , the public interest will not be
to it by the community re development agency. adversely affected.
2. The board shall have no other powers 2. The board may prescribe appropriate
with respect to the central business district and the conditions and safeguards in conformity with this
community redevelopment agency unless specifically chapter. Violation of such conditions and safeguards,
granted or assigned by the City Commission. when made part of the terms under which the special
exce ption is granted, shall constitute grounds for the
3. All administrative staff and any other revocation of the special exception and the certificate
staff support for the duties of the board as set forth in of occupancy or occupational license associated
this subsection shall exclusively be provided by the therewith.
City of Boynton Beach Department of Community
Improvement under the direction and supervision of 3. The board may prescribe a reasonable
the city manager. time limit within which the action for which th e
(Ord. No. 97 - 15, § 1, 5 - 20 - 97 ) special exception is required shall begin or be
completed, or both.
Sec. 4.1 Quasi - Judicial Authority, functions,
D. Variances. The board has the authority and
powers, and duties.
duty to authorize upon appeal such variance from the
terms of a city ordinance as will not be contrary to the
A. The Planning and Development Board shall public interest when, owin g to special conditions, a
have the authority and duty to hear and decide, in a literal enforcement of the provisions of the city
quasi - judicial capacity, administrative appeals, special ordinance would result in unnecessary and undue
exceptions and variances. R equests for administrative hardship.
appeals, special exceptions and variances will not be
processed unless written application and a fee have 1. In order to authorize any variance from
been submitted to the Development Department. the terms of an ordinance, the board must find that:
B. Administrative Appeals. The board has the a. That special co nditions and
authority to hear and decide appeals when it is alleged circumstances exist which are peculiar to the land,
that there is error in any order, requirement, decision, structure or building involved, and which are not
or determination made by an administrative official in applicable to other lands, structures or buildings in
the enforcement of any zoning ordinance or regulation the same zoning district.
adopted pursuant to the section.
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b. That special c onditions and (2) Allow the area, height or
circumstances do not result from the actions of the both of a sign to be increased by up to twenty - five
applicant for the variance. (25) percent of the maximum allowable height or
are a;
c. That granting the variance
requested will not confer on the applicant any special (3) Allow the number of signs to
privilege that is denied by this section to other lands, be increased over the maximum allowed by this code.
structures or bu ildings in the same zoning district.
2. In granting a variance:
d. That literal interpretations of the
provisions of the ordinance would deprive the a. The board may prescribe
applicant of rights commonly enjoyed by other appropriate conditions and safeguards in conformity
properties in the same zoning district under the terms with this section. Violations of such conditions a nd
of the ordinance and would wo rk unnecessary and safeguards, when made a part of the terms under
undue hardship on the applicant. which the variance is granted, shall be deemed a
violation of this section.
e. That the variance granted is the
minimum variance that will make possible reasonable b. The board may prescribe a
use of the land, structure or building. reasonable time limit within which the action for
which the variance is required shall begin, be
f. That the grant of the variance will completed, or both.
be in harmony with the genera l intent and purpose of
this chapter and that such variance will not be c. Where variances of lot area and
injurious to the area involved or be otherwise maximum densities are requested, and such variance,
detrimental to the public welfare. if granted, would cause the density to exceed the
density shown on the future land use map of the city's
g. For variances to minimum lot area comprehensive plan, the density created shall be
or lot frontage requirements, that property is not construed to be in conformance with the
available from adjacent properties in order to meet comprehensive plan, if the board finds that the
these requirements, or that the acquisition of such variance meets the conditions set forth in this section
property would cause the adjacent property or for granting the same, and the variance would only
structures to become nonconforming. The applicant allow for the construction of a single - family detac hed
for such variances shall provide an affidavit with the dwelling.
application for variance stating that the above -
mentioned conditions exist with respect to the E. Procedures for Variances, Special
acquisition of additional property. Exceptions and Appeals of Administrative Actions.
h. For variances to the Chapter 21 1. Exceptions. Under no circumstances
Signs, the Planning and Development Board may except as permitted above shall the board grant a
grant a variance if it finds that the unusual shap e or variance to permit a use not generally or by special
topography of the property in question prevents exceptio n permitted in the zoning district involved or
signage allowable under the provisions of Chapter 21 any use expressly or by implication prohibited in the
from adequately identifying the business or other applicable zoning district. No nonconforming use of
activity located on such property. No variances may neighboring lands, structures or buildings in other
be granted to signs expressly prohibited by Cha pter zoning districts shall be considered grounds for th e
21. The board may only grant a variance to: authorization of a variance.
(1) Allow a setback less than 2. Review of Administrative Orders. In
that required under the chapter; exercising its powers, the board may, upon appeal
and in conformity with the provisions of this section,
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Planning and Development Generally
5
reverse or affirm, w holly or partly, or may modify the
order, requirement, decision or determination made accompanied by a fee as adopted by resolution of the
by an administrative official in the enforcement of City Commission. For procedural purposes, an
any zoning ordinance or regulation adopted pursuant application for a special exception shall be han dled
to this section, and may make any necessary order, by the board as for appeals.
requirement, de cision or determination, and to that
end shall have the powers of the officer from whom 6. Review of Decisions of the Board.
the appeal is taken. A majority vote shall be Any person may appeal variance, special exception,
necessary to reverse any order, requirement, decision or appeal of administrative order to the City
or determination of any such administrative official Commission of the City of Boynton Beach within
or to decide in favor of the applicant on any matter twenty (20) days after rendition of t he decision by the
upon which the board is required to pass under this Planning and Development Board. The decision of
section. the City Commission shall be deemed final subject
only to review by writ of certiorari to the Palm Beach
3. Appeals from decision of County Circuit Court.
Administrative Official. Appeals to the board may be
taken by any person aggrieved or affected by any 7. Withdrawal or Denial of Application.
decision of an administ rative official interpreting any
zoning ordinance. Such appeal shall be taken within a. Upon the d enial of an application
thirty (30) days after rendition of the order, for relief hereunder, in whole or in part, a period of
requirement, decision, or determination appealed one (1) year must elapse prior to the filing of a
from by filing with the officer from whom the appeal subsequent application affecting the same property or
is taken and with the board, a notice of appeal any portion thereof.
specifying the grounds thereof. The appeal shall be in
the form prescribed by the rules of the board. b. Upon the withdrawal of an
application, in who le or in part, a period of six (6)
4. Stay of Work and Proceeding on months must run prior to the filing of a subsequent
Appeals. An appeal to the board stays all work on the application affecting the same property or any portion
premises and all proceedings in furt herance of the thereof, unless the decision of the board is without
action appealed from, unless the official from whom prejudice; and provided that the period of limitation
the appeal is taken shall certify to the board that by shall b e increased to a two (2) year waiting period in
reason of facts stated in the certificate, a stay would the event such an application, in whole or in part, has
cause imminent peril of life or property. In such case, been twice or more denied or withdrawn.
proceedings or work sh all not be stayed except by a
restraining order which may be granted by the board, c. An application may be withdrawn
or by a court of record on the application, on notice to without prejudice by the applicant as a matter of
the officer from whom the appeal is taken and on due right; provided the req uest for withdrawal is in
cause shown. writing and executed in a manner and on a form
prescribed by the board and filed with the board at
5. Hearing of Appeals. The board shall least one (1) week prior to any scheduled hearing
fix a r easonable time for the hearing of the appeal, scheduled before the board concerning the
give the public notice thereof, as well as due notice to application; otherwise, all such reques ts for
the parties in interest, and decide the same within a withdrawal shall be with prejudice. No application
reasonable time. Upon the hearing, any person may may be withdrawn after action has been taken by the
appear in person, by agent or attorney. Applicant s board. When an application is withdrawn without
shall be required to file a proper form (supplied by prejudice, the time limitations for reapplication
the Planning Department), a current certified survey provided herein shall not apply.
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F. Advertising Requirements. Required 9. Telecommunication towers (waiver or
advertisements for the applicant's request must appear reduction of separation requirements and/or special
in a newspaper of general circulation in the City of exception regarding application rejection).
Boynton Beach, at least fifteen (15) days prior to the
scheduled Planning and Deve lopment Board Meeting. 10. Conditional Use Approval.
All required notices to surrounding property owners
must be postmarked no later than fifteen (15) days B. The following applications/types of
prior to that scheduled public hearing. requests that are processed and reviewed by the
(Ord. No. 97 - 15, § 1, 5 - 20 - 97; Ord. No. 00 - 64, §§ 5 Planning and Zoning Department shall be appr oved
and 6, 12 - 5 - 00) by the planning and development board:
1. Abandonment.
Sec. 4.2. Addition al authority, functions, powers,
and duties, as assigned by the City
2. Administrative appeal.
Commission.
3. Community Design Plan appeal.
The Planning and Development Board shall have
such additional authority, functions, powers and 4. Concurrency appeal.
duties, as assigned to the board by ordinance.
(Ord. No. 97 - 15, § 1, 5 - 20 - 97) 5. Concurrency time extension.
6. Landscape appeal.
Sec. 4.3 Authority Granted by the City
Commission.
7. Master plan modification.
A. The following applications/types of 8. Master plan time extension.
requests shall preliminarily be reviewed by the
Planning and Development Board prior to approval 9. Major site plan modification.
by the City Commission:
10. New site plan.
1. Annexation.
11. Site Plan time extension.
2. Code r eview.
12. Subdivision - master plan.
3. Comprehensive plan text amendment.
13. Use approval.
4. Consistency review.
14. Zoning code appeal.
5. Development of regional impact
amendment. 15. Conditional use approval time
extension.
6. Height exception.
C. No ac tion of the Planning and Development
7. Land use plan amendment/rezoning. Board shall be considered a final action of the City
until ratified by the City Commission. The procedure
8. Rezoning. for ratification shall be as follows:
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6A
Sec. 6. Review of board decisions.
1. All matters which have been reviewed
and acted on by the Planning and Development Board
shall be reduced to writing as a proposed All decisions of the planning and development
Development Order. The form of the proposed board shall be advisory to the City Commission,
Development Order shall be approved by the City unless otherwise stated in this Article or by
Attorney. ordinance. Disposition of an application or request
made through the planning and development board
2. All proposed Development Ord ers shall not be deemed final until acted on by the City
shall be submitted to the City Commission on the Commission, unless otherwise stated in this Article or
consent agenda at the next regular City Commission by ordinance. Once final, a decision may be reviewed
meeting following action by the Planning and by the filing of a Petition for Writ of Certiorari in the
Development Board. Circuit Court of the 15th Judicial Circuit in and for
Palm Beach Cou nty, Florida, and in accordance with
3. Prior to approval of the Commission the procedure and within the time provided by court
consent agenda, a member of the Commission may rule and such time shall commence to run from the
request the removal of any proposed Development date of the decision sought to be reviewed.
Order from the consent agenda for further discussion,
consideration, or public hearing prior to ratification. Any determination decisions of the Planning and
Development Board must first be appealed to the City
4. The City Commission may table a Commission within twenty (20) days after rendition
proposed Development Order which has been of the decision by the Planning and Development
removed from the consent agenda to a future meeting Board, prior to any appeal to a court of competent
date to insure that proper notice and opportunity to be jurisdiction. The decision of the City Commission
heard is provided to the applicant, the public, and any shall be deemed final sub ject only to review by writ
other interested parties. of certiorari to the Palm Beach County Circuit Court.
(Ord. No. 97 - 15, § 1, 5 - 20 - 97)
5. Following ratification of a proposed
Development Order by the City Commissi on, the
Sec. 7. Comprehensive plan adopted; authority,
City Clerk shall date and sign the Development Order
purpose, preemption.
and issue it as a final order.
(Ord. No. 97 - 22, § 1, 6 - 17 - 97; Ord. No. 97 - 41, §§ 1,
2, 8 - 19 - 97; Ord. No. 00 - 64, § 7, 12 - 5 - 00) A. Authority. Ordinance No. 89 - 38 is adopted
in compliance with, and pursuant to, the Local
Government Comprehensive Planning and Land
Sec. 5. Commission designated statutory
Development Regulation Act. Section 163.3184, et.
planning agency.
seq., Florida Statutes, and Chapter 9J - 5, Florida
Administrative Code.
The Ci ty Commission is hereby designated as
the city's local planning agency to act on behalf of the B. Purpose and intent.
city under the terms and provisions of the local
government Comprehensive Planning Act, having the 1. It is hereby declared that the purpos e
general responsibility for the conduct of a of such ordinance is to preserve and enhance the
comprehensive plan ning program and the preparation, existing quality of life; encourage the most
supervision and amendment of the comprehensive appropriate use of land, water and resources
plan or elements or portions thereof applicable to the consistent with the public interest; address current
areas under the jurisdiction of the city as provided in problems which have occurred because of the use and
said act. developmen t of land;
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6B
and deal effectively with future problems which may C. Adoption; elements. Pursuant to the Local
occur as a result of the use and development of land. Government Comprehensive Planning and Land
Through the implementation of the 1989 Development Regulations Act, Section 163.3184,
Comprehensive Plan and those elements adopted et.seq., Florida Statutes, the City of Boynton Beach
herein by O rdinance No. 89 - 38, it is the intent of the hereby adopts the 1989 Comprehensive Plan of this
City Commission of the City of Boynton Beach, cit y, consisting of the following elements; Future
Florida, to preserve, promote, protect and improve the Land Use, Housing, Utilities (which includes the sub -
public health, safety, comfort, good order, elements of Sanitary Sewer, Potable Water, Solid
appearance, convenience, law enforcement and fire Waste, Drainage and Natural Groundwater Aquifer
prevention, and g eneral welfare; to prevent the Recharge), Conservation, Recreation and Open
overcrowding of land and to avoid undue Space, Traffi c Circulation, Coastal Management,
concentration of populations; to minimize urban Inter - governmental Coordination and Capital
sprawl; to encourage the development and Improvement.
redevelopment of the coastal community; to ensure
that the existing rights of property owners be D. Preemption. In the event that the 1989
preserved in accord with the Constitutions of the Comprehensive Plan is more restrictive than existing
State of Florida and of the United States; to plan for development regulations, the provisions of the 1989
and guide growth and development within the city by comprehensive Plan shall prevail.
providing greater specificity and certainty in the land (Ord. No. 01 - 61, § 1, 12 - 18 - 01)
planning process, by preparing a financial ly feasible
plan, by establishing a concurrency management
Sec. 8. Position of director of planning created;
system, by providing for appropriate minimum levels
appointment, tenure.
of service for the necessary public facilities to
accommodate existing populations and future growth,
by coordinating local decisions relating to growth and Pursuant to the charter of the city, there is
development, and by ensuring consistency with the hereby created the classified position of director of
state, regional and county comprehensive plans. planning, said position to be filled by appointment by
the city manager, said officer to serve at the pleasure
2. The provisions of the elements adopted of the city manager.
by Ordinance No. 89 - 38 are declared to be the
minimum requirements necessary to accomplish the
Sec. 9. Duties, responsibilities of director of
afo resaid stated intent, purpose and objectives of the
planning.
ordinance; and they are declared to be the minimum
requirements to maintain, through orderly growth and
development, the character and stability of present The duties and responsibilities of the director of
and future land use and development in this city . planning shall be:
Nothing in this plan is to be construed to limit the
powers and authority of the City Commission of the A. To formulate and carry out technical details
City of Boynton Beach to enact ordinances, rules or and phases of the general plan for the future
regulations that are more restrictive than the comprehensive development of the city. This shall
provisions of this plan. include supervising and directly participating in the
performance of the specialized planning activities and
3. Nothing in this com prehensive plan, or research essentia l to the preparation of the general
in the land development regulations adopted plan. Incumbent shall be responsible for the
consistent with its requirements shall be construed or coordination and successful execution of studies and
applied to as to result in an unconstitutional programs. Work shall be performed under general
temporary or permanent taking of private property or direction of the city manager.
the abrogation of validly existing ve sted rights.
B. To coordinate the above plans with t he
planning and development board as appropriate.
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6C
C. To serve as principal agent of the city in all B. The CRA board shall have all powers and
contracted planning activities. This shall include duties heretofore vested in the planning and
preparation of the scope of work of each contra ct, as development board.
well as supervision of progress once contract is (Ord. No. 00 - 70, § 2, 12 - 19 - 00)
consummated.
Sec. 2.1 Quasi - Judicial Authority, functions,
D. To act as technical advisor to department
powers and duties.
heads and similar officials on all planning matters.
E. To perform related work as required or A. The CRA board shall have the authority and
directed by city manager. duty to hear and decide, in a quasi - judicial capacity,
administrative appeals, special exceptions and
variances.
ARTICLE II. C OMMUNITY
REDEVELOPMENT AGENCY BOARD
B. Administrative appeals. The board has the
authority to hear and decide appeals when it is
alleged that there is error i n any order, requirement,
Sec. 1 Community Redevelopment Agency
decision or determination made by an administrative
Board - establishment and composition.
official in the enforcement of any zoning ordinance or
regulation adopted pursuant to the section.
A. The Boynton Beach Community
Redevelopment Agency is created and set out in C. Special exceptions. The board has the
Section 2 - 13 of the Boynton Beach Code of authority and duty to hear and deci de requests for
Ordinances. special exceptions. To decide such questions as are
involved in the determination of when such special
B. The provisions of Article II of Chapter 1.5 exceptions should be granted. To grant special
shall apply only within the CRA boundaries as set out exceptions with appropriate conditions and
in Section 2 - 13 of the Code of Ordinances. The safeguards or to deny such special exceptions w hen
provisions of this Article shall supercede and prevail not in harmony with the purpose and intent of this
over any other Code sections that ma pertain to the section. The following standards apply to the board
pro perties located within the CRA boundaries. power to grant special exceptions:
(Ord. No. 00 - 70, § 2, 12 - 19 - 00)
1. The board shall find that in granting
the special exception, the public interest will not be
Sec. 2. Advisory authority functions, powers
adversely affec ted.
and duties.
2. The board may prescribe appropriate
A. The CRA board shall have the authority and conditions and safeguards in conformity with this
du to consider and recommend upon applications as chapter. Violation of such conditions and safeguards,
hereinafter set forth, a fter first considering the when made part of the terms under which the special
recommendations of its staff and after a exception is granted, shall constitute grounds for th e
determination of fact that application will contribute revocation of the special exception and the certificate
to reduction of slum and blighted conditions; enhance of occupancy or occupational license associated
the tax base; implement and further the intent and therewith.
purpose of the City's redeve lopment plan.
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3. The board may prescribe a reasonable g. For variances to minimum lot area
time limit within which the action for which the or lot frontage requirements, that property is not
speci al exception is required shall begin or be available from adjacent properties in order to meet
completed, or both. these requir ements, or that the acquisition of such
property would cause the adjacent property or
D. Variances. The board has the authority and structures to become nonconforming. The applicant
duty to authorize upon appeal such variance from the for such variances shall provide an affidavit with the
teams of a city ordinance as will not be contrary to application for variance stating that the above
the public interest when, owing to spec ial conditions, mentioned conditi ons exist with respect to the
a literal enforcement of the provisions of the city acquisition of additional property.
ordinance would result in unnecessary and undue
hardship. 2. In granting a variance:
1. In order to authorize any variance from a. The board may prescribe
the terms of an ordinance, the board must find: appropriate conditions and safeguards in conformity
with this section. Violations of such conditions and
a. That special conditions and safeguards, when made a part of the terms under
c ircumstances exist which are peculiar to the land, which the variance is granted, shall be deemed a
structure or building involved, and which are not violation of this section.
applicable to other lands, structures or buildings in
the same zoning district. b. The board may prescribe a
reasonable time limit within which the action for
b. That special conditions and which the variance is required shall begin, be
circumstances do not result from the act ions of the completed, or both.
applicant for the variance.
c. Where variances of lot area and
c. That granting the variance maximum densities are requested, and such variance,
requested will not confer on the applicant any special if granted, would cause the density to exceed the
privilege that is denied by this section to other lands, density shown on the future land use map of the city's
structures or buildings in the same zoning district. comprehensive plan, the density created shall be
construed to be i n conformance with the
d. That liter al interpretations of the comprehensive plan if the board finds that the
provisions of the ordinance would deprive the variance meets the conditions set forth in this section
applicant of rights commonly enjoyed by other for granting the same, and the variance would only
properties in the same zoning district under the terms allow for the construction of a single - family detached
of the ordinance and would work unnecessary and dwelling.
undue hardship on the applicant.
E. Procedure s for variances, special exceptions
e. That the variance granted is the and appeals of administrative actions.
minimum variance that will make possible reasonable
use of the land, structure or building. 1. Exceptions. Under no circumstances
except as permitted above shall the board grant a
f. That the grant of the variance will variance to permit a use not generally or by special
be in harmony with the general intent and purpose of exception permitted in the zoning di strict involved or
this chapter and that such var iance will not be any use expressly or by implication prohibited in the
injurious to the area involved or be otherwise applicable zoning district. No nonconforming use of
detrimental to the public welfare. neighboring lands, structures or buildings in other
zoning districts shall be considered grounds for the
authorization of a varianc e.
2001 S - 15
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6E
2. Review of administrative orders. In as adopted by resolution of the City Commission. For
exercising its powers, the board may, upon appeal procedural purposes, an application for a special
and in conformity with the provisions of this section, exception shall be handled by the board as for
reverse or affirm, wholly or partly, or may modify the appeals.
order, requirement, decision or determination made
by an administrative official in the enforcement of 6. Review of decisions of the Board.
any zoning ordinance or regulation adopted pursuant Any person may appeal variance, special exce ption,
to this section and may make any necessary order, or appeal of administrative order to the City
requirement, decision or determination, and to that Commission of the City of Boynton Beach within
end shall have the powers of the officer from whom twenty (20) days after rendition of the decision by the
the appeal is taken. A majority vote shall be CRA board. The decision of the City Commission
necessary to reverse an order, requirement, decision shall be deemed final subject only to review by writ
or determination of any such administrative official of certiorari to the Palm Beach County Circuit Court.
or to decide in favor of the applicant on any m atter
upon which the board is required to pass under this 7. Withdrawal or denial of application.
section.
a. Upon the denial of an application
3. Appeals from decision of for relief hereunder, in whole or in part, a period of
administrative official. Appeals to the board may be one (1) year must elapse prior to the filing of a
taken by any person aggrieved or affected by any subsequent ap plication affecting the same property or
decision of an administrative official interpreting any any portion thereof.
zoning ordinance. Such appeal shall be taken within
thirty (30) days after rendition of the order, b. Upon the withdrawal of an
requirement, decision, or determination appealed application, in whole or in part, a period of six (6)
from by filing with the officer from whom the appeal months must run prior to the filing of a subsequent
is taken and with the board, a notice of appeal application affecting the same property or any portion
specif ying the grounds thereof. thereof, unless the decision of the board is without
prejudice; and provided that the period of limitation
4. Stay of work and proceeding on shall be increased to a two (2) year waiting period in
appeals. An appeal to the board stays all work on the the event such an application, in whole or in part, has
premises and all proceedings in furtherance of the been twice or more denied or withdrawn .
action appealed from, unless the official from whom
the appeal is taken shall certify t o the board that, by c. An application may be withdrawn
reason of facts stated in the certificate, a stay would without prejudice by the applicant as a matter of
cause imminent peril of life or property. In such case, right; provided the request for withdrawal is in
proceedings or work shall not be stayed except by a writing and executed in a manner and on a form
restraining order which may be granted by the board, prescribed by the board and filed with the board at
or by a court of r ecord on the application, on notice to least one (1) wee k prior to any scheduled hearing
the officer from whom the appeal is taken and on due scheduled before the board concerning the
cause shown. application; otherwise, all such requests for
withdrawal shall be with prejudice. No application
5. Hearing of appeals. The board shall may be withdrawn after action has been taken by the
fix a reasonable time for the hearing of the appeal, board. When an application is wi thdrawn without
give the public notice thereof, as well as due notice t o prejudice, the time limitations for re - application
the parties in interest, and decide the same within a provided herein shall not apply.
reasonable time. Upon the hearing, any person may
appear in person, by agent or attorney. Applicants F. Advertising requirements. Required
shall be required to file a proper form (supplied by advertisements for the applicant's request must appear
staff), a current certified survey accompanie d by a fee in newspaper of general circulation in the City of
Boynton B each, at least fifteen (15) days prior to the
2001 S - 15
Boynton Beach Code
6F
scheduled CRA board meeting. All required notices 1 1. Parking lot variance.
to surrounding property owners must be postmarked
no later than fifteen (15) days prior to that scheduled 12. Sign code variance.
public hearin g.
(Ord. No. 00 - 70, § 2, 12 - 19 - 00) 13. Site Plan time extension.
14. Subdivision - master plan.
Sec. 2.2. Additional authority, functions, powers,
and duties, as assigned by the City
15. Use approval.
Commission.
16. Zoning code appeal.
The CRA shall have such additional authority,
functions, powers and duties, as assigned to the board 17. Zoning code variance.
by ordinan ce.
(Ord. No. 00 - 70, § 2, 12 - 19 - 00) 18. Conditional use approval time
extension.
Sec. 2.3. Authority granted by the City
B. The fol lowing applications/types of
Commission.
requests are processed and reviewed by the Planning
and Zoning Department and shall be reviewed by the
A. The following applications/types of CRA board and a recommendation made to the City
requests are processed and reviewed by the Planning Commission which shall be approved as provided by
and Zoning Department and shall be reviewed and state law and placed on th e appropriate part of the
recommendations made b y the CRA board to the City City Commission agenda pursuant thereto:
Commission for approval on the consent agenda:
1. Abandonment.
1. Administrative appeal.
2. Annexation.
2. Community Design Plan appeal.
3. Code review.
3. Land use plan amendment/rezoning.
4. Comprehensive plan text amendment.
4. Telecommunication towers (waiver or
reduction of separation requiremen ts and/or special 5. Consistency review.
exception regarding application rejection).
6. Development of regional impact
5. Conditional Use Approval. amendment.
6. Concurrency time extension. 7. Height excep tion.
7. Master plan modification. 8. Concurrency appeal.
8. Master plan time extension. 9. Rezoning.
(Ord. No. 00 - 70, § 2, 12 - 19 - 00)
9. Major site plan modification.
10. New site plan.
2001 S - 15
Planning and Development Generally
6G
Sec. 3. Commission designated statutory planning
B. Authority. This article is adopted pursuant
agency.
to the authority gran ted to municipalities under
Article VIII, Section 2, Florida Constitution, Chapter
The City Commission is hereby designated as 163, Florida Statutes, Rule 9J - 5 and Rule 9J - 5.0055,
the city 's local planning agency to act on behalf of the Florida Administrative Code, and the City of
city under the terms and provisions of the local Boynton Beach Charter, which establish the right and
government Comprehensive Planning Act, having the power of municipal cor porations to provide for the
general responsibility for the conduct of a health, welfare, economic order, aesthetics, interest,
comprehensive planning program and the preparation, safety and convenience of existing and future
supervision and amendment of the comprehensive residents, employees, visitors, property owners and
plan or elements or portions thereof applicable to the businesses within the city by enacting and enforcing,
areas under the jurisdiction of the city as provided in among other things, a comprehensive plan, zoning
said act. and subdivision regulations, and other land
(Ord. No. 00 - 70, § 2, 12 - 19 - 00) development regulations.
C. Intent and purpose. This article is intended
Sec. 4. Review of board and City Commission
to implement and be consistent with the City of
decisions.
Boynton Beach Comprehensive Plan, Chapter 163
Florida Statu tes, and Rule 9J - 5 and Rule 9J - 5.0055,
A final decision of the CRA board or the City Florida Administrative code, in order to ensure that
Commission may be reviewed by the filing of a public facilities are available to serve development
Petition for Writ of Certiorari in the Circuit Court of projects, as well as all other persons and land uses
the 15th Judicial Circuit in and for Palm Beach within the city, consistent with the levels of service
County, Florida, and in accordance with the whi ch are adopted in the city's comprehensive plan.
procedure and with in the tine provided by court rule
and such time shall commence to run from the date of
Sec. 2. Applicability.
the decision sought to be reviewed.
(Ord. No. 00 - 70, § 2, 12 - 19 - 00)
A. Generally. Unless otherwise provided for
in this article, the requirements of this article shall
ARTICLE III. RESERVED
apply to all development orders or permits submitted
after the effective date, within the city, with respect to
maintaining the adopted level of service for potable
ARTICLE IV. RESERVED
water, sanitary sewer, drainage, solid waste,
recreation, parks and road facilities.
ARTICLE V. RESERVED
B. Palm Beach County Traffic Performance
Standards Ordinance. The Palm Beach Count y
Traffic Performance Standards Ordinance shall
ARTICLE VI. CONCURREN CY
supersede this article in the case of all conflicts of
REQUIREMENTS
such ordinance with this article, including conflicts
where the Palm Beach County Traffic Performance
Standards Ordinance would be less restrictive than
Sec. 1. Short title, authority, intent and purpose.
this article.
A. Short title. This article shall be known and C. Maintaining levels of service in portions of
cited as the “Boynton Beach Concurrency water or sewer service areas outside of city. For the
Management Ordinance.” purpose of maintaining the adopted levels of service
in those portions of the water or sewer service areas
for
2001 S - 15
Boyn ton Beach Code
6H
Sec. 4. Categories of development orders and
which the city provides such facilities, this article
permits.
shall apply, as appropriate, if a determination of
concurrency or similar action with respect to potable
water or sanitary sewer facilities is either required by A. General.
or requested from ano ther local government. The city
may enter into an agreement with any such local 1. The time limits specifie d in this
government with respect to the administration or section for the expiration of development orders and
enforcement of concurrency requirements for potable permits shall supersede any time limits set forth
water or sanitary sewer facilities, provided that such elsewhere in these Land Development Regulations.
agreement is consis tent with Florida law. Expiration of a planned zoning district master plan, as
set forth in this article, however, s hall cause the
D. Other laws of United States, the State of development order for same to expire only with
Florida, and Palm Beach County. Nothing in this respect to exemption determinations, certifications of
article shall be construed to supersede any federal or concurrency and conditional certifications of
state laws, laws of Palm Beach County which apply concurrency, and shall not, by itself, cause the zoning
within the city, or any provisio ns of the City of for the planned zoning district to ex pire.
Boynton Beach Codes or Regulations which are not
specifically in conflict with this article, including any 2. All references to the “effective date” in
such laws which concern the design, construction, this section shall apply only with respect to
provision, operation, or utilization of, or connection exemptions which are allowed in accordance with
to public facilities. Sections 10 or 14.
E. Development orders, permits, or projects 3. A “lot” shall be construed to be a
approved by Palm Beach County, for land annexed parcel which contains at least one whole lot whi ch is
into city. If land is annexed into the city and, prior to shown on a recorded plat or is part of an unrecorded
annexation, was subject to development orders, subdivision of land which has occurred.
permits or development projects approved by Palm
Beach Count y, then the development order, permit or B. All references to categories of development
project shall continue to comply with the Palm Beach orders or permits in this article shall mean
County Adequate Public Facilities Ordinance with development orders or permits in accordance with the
respect to potable water, sanitary sewer, drainage, following classification system:
solid waste, roads, parks and recreation facilities, as
said Ordinance applies to the last development order 1. “A” Category development orders and
or permit which was issued by Palm Beach County, permits shall consist of development orders or
and any subsequent development orders or permits permits for the following types of development
which are issued by the city. However, the projects:
developer, property owner or their agents may request
of the City Commission, that, upon annexation, the A1. Any construction of public
property be subject only to the requirements of this facilities, either prior to or after the effective d ate,
article. For any land which is subject to this that are identified in the City of Boynton Beach or
paragraph, any land development orders or permits Palm Beach County Comprehensive Plans.
which are issued by the city after five (5) years of the
date of a nnexation shall be subject to the provisions A2. Any development project, either
of this article, unless an appeal is granted in prior to or after the effective date, which, in and by
accordance with Section 13 or Section 14. itself, does not create demand for any public facility.
A3. T he replacement of an existing
Sec. 3. Reserved.
structure, either prior to or after the effective date,
where no additional demand for any public facility
2001 S - 15
Planning and Development Generally
6I
would be created for non - residential uses, or no A10. Any additions to existing
additional d welling units would be constructed for nonresidential structures or uses, including
residential uses, provided that an application for a recreational and c ommunity facilities which are
building permit for such replacement is submitted accessory uses to residential uses, which would
within two (2) years of the date of the completion of generate not more than five hundred (500) vehicle
the demolition or removal of the previous structure. trips per day on a one - time or cumulative basis,
within any five - year period.
A4. Any construction of public
schools by the school board of Palm Beach County, A11. The use of any structure or site
either prior to or after the effective date. which was in existence, prior to the effective date,
regulations, including expansion of such use into
A5. Any construction of a single - portions of the structure or site which are manifestly
family detached or duplex dwelling on a lot lying intended for such use, provided that all such uses
within a subdivision which was platted prior t o would be lawful under the city's zoning regulations.
January 13, 1978, or on a lot lying within any other
subdivision which occurred, prior to the effective A12. Any subdivision platted after
date, where the current zoning is generally limited to January 13, 1978, but prior to the effective date,
single - family or duplex dwellings. which has been bonded and the required
improvements have been constructed and accepted,
A6. Any construction of a single - prior to the effective date, and at least one subdivided
family detached or dupl ex dwellings, either prior to parcel has been s old off to a different owner.
or after the effective date, where the subdivision and
subsequent development of the property would not A13. Any subdivision platted after
involve the creation of more than three (3) parcels January 13, 1978, but prior to the effective date,
either at a single point in time or cumulatively since which has been bonded and the required
January 13, 197 8, for property lying within the city as improvements have been constructed and accepted,
of the effective date, or as of the date of the prior to the effective date, but all lots and parcels are
application for annexation, for property annexed into still under single ownership.
the city, for property annexed after the effective date.
A14. Any subdivision platted after
A7. Any construction of additions or January 13, 1978, but prior to the effective date,
improvements to existing dwelling units, either prior which has been bonded, and the twenty - one - month
to or after the effective date, provided that the number limit for completion of bonded improvements has not
of dwelling units is not increased. expired.
A8. Any construction of structures for, A15. Any subdivision platted after
or establishment of, a nonresidential use, either prior January 13, 1978, but prior to the effective date,
to or after the effectiv e date, which would generate which has been bonded and the required
not more than five hundred (500) net vehicle trips per improvements are under construction, and the twenty -
day on a one - time or cumulative basis, within any
five - year period.
A9. Any platting, construction, or
conversion of residential uses, either prior to or after
the effe ctive date, which would generate not more
than two hundred (200) net vehicle trips per day on a
one - time or cumulative basis, within any five - year
period.
2001 S - 15
Boynton Beach Code
6J
Planning and Development Generally
7
one - month time limit for the completion of bonded revision does not create additional demand for any
improvements has expired, but construction is still public facility.
proceeding in good faith, in the judgement of the city
engineer. A22. Any development order or permit
which was the subject of a court order regarding the
A16. Any preliminary plat which has land use , zoning, planning, use, or development of a
been approved, prior to the effective date, and parcel, and litigation was initiated prior to adoption of
a pplication for permit from the Palm Beach County the comprehensive plan. Development orders or
Health Department for the construction of utilities permits which are the subject of such court orders, or
has been approved, prior to the effective date, subsequent development orders or permits which are
provided that the final plat is submitted within one consistent with such court orders shall be exempt for
year of the approval of the preliminary plat, and is as long as the court order remains in effect.
r ecorded within eighteen (18) months of the approval
of the preliminary plat. 2. “B” Category development orders and
permits shall consist of development orders or
A17. Completion of any undeveloped permits for the following types of development
portion of a site plan or conditional use, a portion of projects:
which had been built or was under construction, prior
to the effective date, or f or which a building permit B1. An y unplatted portion of
was applied for or issued, and the building permit has subdivision master plan approved, prior to the
not expired according to the adopted building code. effective date, and which is served by master sized
utilities, drainage facilities, or roads constructed as
A18. Any development of regional part of a portion which was platted, or for which a
impact (DRI), or a substantial deviation from a DRI, preliminary plat and Palm Beach County Health
which was submitted or approv ed prior to the Department permits were approved, prior to the
effective date, or development project within such effective date. The rules set forth in this paragraph
DRI, except that the provision of public facilities to shall also apply where the unplatted portion is
serve the project and the issuance of development included in a boundary plat, and would be served by
orders or permits may be limited in accordance with master - sized utilities or roads, a nd replatting at a later
the development schedule contain ed in the DRI date is either intended or required.
development order, application for a development
approval, or support documents for the application B2. Any preliminary plat which is
for development approval or development order. approved, prior to the effective date, and which does
not have an approved permit from the Palm Beach
A19. Any site plan or conditional use County Health Department for the construction of
approved, prior to the effective date, or any utili ties, as of the effective date, provided that a final
deve lopment order which has been reviewed by the plat and Palm Beach County Health Department
community redevelopment agency and has received permits are submitted within one year of the approval
final approval, prior to the effective date, provided of the preliminary plat, and if the plat is recorded
that a building permit is applied for within one year within eighteen (18) months of the approval of the
of the date of approval of the site plan or other preliminary plat.
devel opment order listed in this paragraph.
3. “C” Category development orders and
A20. Any building permit issued, prior permits shall consist of development orders or
to the effective date, provided that the permit has not permits for the following types of development
expired according to the adopted building code. projects:
A21. Any revision to a previously C1. A subdivision platted after
approved development order or permit, either prior to January 13, 1978, but prior to the effective date, has
or after the effective date, where such addition or been bonded and has been partially constructed, but
has not been accepted by the city, the twenty - one -
month time limit for construction of bonded
improvements has
Boynton Beach Code
8
expired, and construction is not proceeding in good E1. Any project for which the
faith, i n the judgement of the city engineer. development order or permit has expired, according
to the criteria set forth for “A”, “B”, “C”, and “D”
C2. An unplatted portion of a Category projects, and applicable provi sions of
subdivision master plan which has been approved, Sections 9, 10, 12, 13 and 14.
prior to the effective date, which would not be served
by master - sized utilities, drainage facilities, or roads E2. Any subdivision preapplication.
constructed as part of a portion which was platted, or With respect to this article, approval of a subdivision
for which a preliminary plat and Palm Beach County preapplication shall be construed only to be a finding
Health Department permits were approved, prior to that property is suitable for platting and development
the effective date. The rules set forth in this for the u se which is proposed, and shall not be
paragraph shall also apply where the unplatted construed to be a development order or permit for
portion is included in a bo undary plat, but would not which exemption may be determined or for which
be served by master - sized utilities or roads, and concurrency may be certified.
replatting at a later date is either intended or required.
E3. Any land use amendment or
C3. A subdivision master plan or rezoning petition, and any land use category or
planned zoning district master plan which has been zoning d istrict, except for planned zoning district and
approved, prior to the effective date, provided that development of regional impact applications.
the preliminary plat for the project or the first phase
thereof is submitted within eighteen (18) months of E4. Any project for which the
the date of the master plan approval. development order or permit, which, in and by itself,
would not establish a specific intensity or density of
4. “D” Category development orders and use.
permits shall consist of development orders or
permits for the following types of development
Sec. 5. Min imum levels of service adopted for
projects:
public facilities.
D1. Any project for which the
development order or permit is issued either prior to The following levels of service are hereby
or after the effective date, and which is not exempt adopted and shall be utilized in the administration and
with respect to all public facilities according to the enforcement of this article. Where a conflict occurs
cri teria set forth in the “A”, “B”, or “C” categories between the levels of service set forth in th is article
and Section 10, unless an appeal has been granted in and those which are set forth in the city's
accordance with Section 14. comprehensive plan, the levels of service in the
comprehensive plan shall supersede those which are
D2. A preliminary boundary plat, set forth in this article.
final boundary plat, or recorded boundary plat,
submitted or approved either prior to o r after the The method for calculating the capacity of public
effective date, which does not show all necessary facilities, population s, levels of service, and all other
easements and dedications or is not connected to a numbers or ratios related to levels of service shall be
definite plan for the development of the property that which is utilized in the comprehensive plan
within the boundary plat. support documents, except where these methods have
been refined in this section and in accordance with
5. “E” Category development orders and Section 7 of this article, or an appeal is granted in
permits shall consist of development orders or accordance with Chapter 1, Article VII, Section 2.
permits for the following types of development
projects: A. Potable water level of service shall mean
the capacity of potable water facilities to produce and
deliver not less than two hundred (200) gallons of
19 97 S - 5
Planning and Development Generally
9
potable water per capita, which shall be calculated by E. Roadway levels of service shall mean the
dividing the maximum production capacity of the average annual daily traffic levels for roadway links
city's water treatment facilities, on a maximum daily and peak hour traffic levels for intersections, as set
flow basis, by the peak population which correspo nds forth in the Palm Beach County Traffic Performance
to the number of dwelling units, lodging units and Standards Ordinance, except that, if said ordina nce is
beds in group quarters which are connected to the repealed or if exemptions or exceptions to said
city's water system. ordinance are granted, the following levels of service
shall apply to the following roadway links:
B. Sanitary sewer level of service shall mean
the capacity of sanitary sewer facilities to treat and 1. Level of service “C” or better under
dispose of not less than ni nety (90) gallons of sewage daily and peak hour conditions on all unspecified city
per capita, which shall be calculated by dividing the loca l and collector highway facilities;
maximum treatment capacity of the city's
proportionate share of wastewater treatment facilities, 2. Level of service “C” for average daily
on a maximum month average daily flow basis, by and level of service “D” for daily peak season and
the peak population which cor responds to the number year - round peak hour conditions on all nonspecified
of dwelling units, lodging units and beds in group arterial facilities;
quarters which are connected to the city's portion of
the sanitary sewer system. 3. Level of service “D” for year - round
daily and peak hour conditions on Seacrest Boulevard
C. Solid waste level of service shall mean the south of S.E. 23rd Avenue; U.S. 1 between Boynton
capacity of solid waste transfer and disposal facili ties Beach Boulevard and Woolbright Road; I - 95 through
to process not less than seven and two - tenths (7.2) the city; Boynton Beach Boulevard from Old
pounds of solid waster per capita, which shall be Boynton Road to I - 95; N.W. 22nd Avenue between
calculated by dividing the capacity of solid waste Congress Avenue and I - 95; Congress Avenue
facilities, as defined by the Palm Beach County Solid between Boynton Beach Boulevard and N.W. 22nd
Waste Authority, by the resident population of the Avenue; and for Boynton Beach Boulevard east of I -
county or portions of the county served by such 95;
facilities. Until such time as all exemptions to
concurrency requirements are approved by the 4. Level of service “Maintain” for all
appropriate local governments in Palm Beach facilities where level of service standards have been
County, or the solid waste authority can verify that exceeded.
solid was te facility capacity is available to serve any
particular development project, solid waste facilities F. Recreation facilities lev els of service shall
shall be construed to be available until the point in mean not less than the ratio of the number and/or size
time at which the Palm Beach County Solid Waste of the particular type of recreation facility available to
Authority reasonably projects that the capacity of the residents of the city, as defined by the recreation
s uch facilities will be used up. and open space element support documents, to the
peak population which corresponds to the number of
D. Drainage level of service shall mean that dwelling units, lodging units and beds in group
drainage facilities for development projects shall be quarters within the corporate limits of the city, as set
designed for a three - year design storm for a duration forth in Attachment “A” to Ordinance No. 90 - 18.
of the time of concentration for the watershed, for Private recreation facilities which are provided as part
development proje cts which are subject to South of a devel opment project may be used to satisfy the
Florida Water Management District design and/or requirements for maintaining the levels of service for
permitting requirements, and shall mean that drainage these facilities, if these facilities would meet the
facilities for all other development projects shall be adopted levels of service, as set forth in this
designed to accommodate the first hour of a three - paragraph. For development projects which are
year storm on site . exempt, no existing private recreation facilities shall
be reduced in size and/or number, so as to cause the
level of service to be lower than those which are set
Boynton Beach Code
10
forth in this paragraph, unless an appeal is granted in 1 or 2 above, the levels of service set forth in
accordance with Section 13 or 14. subsection 1 above, or not less than the levels of
service for the neighborhood planning area as set
G. District parks level of service shall mean forth in Chapter 2, which shall be ca lculated as the
not less than the ratio of developed district park ratio of developed neighborhood park acreage to the
acreage available to the residents of the city, as peak season population which corresponds to the
defined by the recreation and open space element number of dwelling units, lodging units and beds in
support documents, to the peak populati on which group quarters within the neighborhood. For
corresponds to the number of dwelling units, lodging development projects which are exempt, no e xisting
units and beds in group quarters within the corporate private recreation areas shall be reduced in area, so as
limits of the city. to cause the levels of service to be less than those
which are set forth in subsection 1 above, except if an
H. Neighborhood parks levels of service shall appeal is granted in accordance with Section 13 or 14.
mean not less than the ratio of developed
neighborhood park acreage avai lable to the number I. The levels of service for potable water,
of peak season residents of the neighborhood or sanitary sewer, solid waste, and parks and recreation
development project, as follows: facilities shall not be applied to development orders
or permits for non - residential uses, including
1. For all residential development hospitals, since these levels of service are expressed
projects that consist of more than one hundred (100) in terms of facility capaci ty per capita. These levels
dwelling units, that public or private parks or of service shall be applied, however, to development
recreation areas are available to residents, such that orders or permits for lodging facilities and group
the ratio of any such private parks or recreation areas quarters, and shall be applied to all new
to the number of the peak season residents to is not Developments of Regional Impact and Substantial
less than two and one - half (2.5) acres per thousand Deviations thereto, which are app roved after the
residents, or the ratio of public park acreage to the effective date, where the land use for such DRIs
nu mber of peak season residents within a walking would be different than that which was shown on the
distance of one - half (0.5) mile or within the Future Land Use Map of the City or Palm Beach
neighborhood, as defined in the recreation element County, as of the effective date.
support documents, is not less than two and one - half (Ord. No. 96 - 50, § 1, 1 - 21 - 97)
(2.5) acres per thousand residents; and further
provided th at all dwellings within the development
Sec. 6. Public facilities shall be available for
project are not more than one - half (0.5) mile walking
development projects consistent with
distance from a public or private park or recreation
adopted levels of service.
facility which is available to the residents of the
dwelling.
Except as provided elsewhere in this article, no
2. For all property which is annexed after development order or permit which is submitted after
t he effective date, and which was platted or the effective date shall be approved, unless public
developed in the unincorporated area of Palm Beach facilitie s are or will be available to serve the
County, or that have received approval of development project, such that the minimum levels of
development orders or permits from Palm Beach service set forth in Section 5 are maintained,
County, the level of service shall be that which is concurrent with the impacts of the development
created by existing o r approved public or private park project. For public facilities to be determined to be
or recreation facilities which serve the property or available as s uch, the following conditions shall be
project exclusively, provided that no such level of met, given the proposed timing and phasing of the
service shall be more stringent than that which is set development project:
forth in subsection 1 above.
A. For potable water, sanitary sewer, and solid
3. For all development project s which are waste facilities, and primary drainage facilities or
not subject to the requirements set forth in subsection any secondary drainage facilities which are required
1997 S - 5
Planning and Development Generally
11
improvements according to the subdivision and complying with the standards set forth in subsection
platting regulations: A.1 through 4 above, or by complying with the
follow ing standards:
1. The necessary public facilities are or
will be in place at the time that any development 1. At the time a development permit is
permits are issued; or issued, the necessary public facilities are the subject
of a binding executed contract which provides for
2. Any development permits which are or commencement of the actual construction of the
will be issued will be subject to the condition that the required public facilities within one year of the
necessary public facilities will be in place when the issuance of the development permit; or
impacts of the development occur, meaning that, at
the time of issuance, such public facilities either 2. The necessary public facilities are
exist, a binding contract for the construction of same guaranteed in an enforceable development agreement
has been executed, performance security for same has which requires the commencement of the actual
been posted, or construction of same is scheduled in construction of the public facilities within one year of
the capital improvements program of any the issuance of t he applicable development permit.
governmental agency so as to be available when the An enforceable development agreement may include,
impa ct of development occurs and construction of but is not limited to, development agreements
such facilities is financially feasible, based on pursuant to Section 163.3220, Florida Statutes, or an
currently available revenue sources adequate to agreement or development order issued pursuant to
complete such construction; or Chapter 380, Florida Statutes.
3. The necessary public facilities are or C. For roads, the requirements set forth in
will be under construction at the tim e that any subsection (a) above shall be satisfied if the
development permits are issued, and that, at the time development order or permit complies with the Palm
of issuance, such public facilities either exist, a Beach County Traffic Performances Standards
binding contract for the construction of same has Ordinance. In the event that the Palm Beach County
been executed, surety for same has been posted, or Traffi c Performance Standards Ordinance is repealed,
construction of same is scheduled in t he capital the conditions which apply shall be those which were
improvements program of any governmental agency set forth in the most recent Palm Beach County
so as to be under construction when the development Traffic Performance Standards Ordinance which was
permits are issued and construction of such facilities in effect in the City, except that any levels of service
is financially feasible, based on currently available fo r particular roadway links which are adopted in the
revenue sources adequate to complete such city's comprehensive plan shall apply to those links.
construction; or
D. In determining whether public facilities are
4. The necessary public facilities are available consistent with the requirements of this
guaranteed in an enforceable development agreement section and Section 5, the demand for such public
that is consistent with any of the provisions set forth facilities which would be created by other
in subsection 1 through 3 above. An enforceable development orders and permits which are exempt, or
development agreement may include, but is not for which certification of concurrency or conditional
limited to, development agreements pursuant to certification of concurrency has been issued shall be
Section 163.3220, Florida Statutes, or an agreement taken into account.
or development order issued pursuant to Chapter 380,
Florida Statutes. The agreement shall guarantee that
Sec. 7. Adoption of methodolog y for
the necessary public facilities will be in place when
the impacts of the development occur.
B. For parks and recreation facilities,
concurrency requirements may be satisfied by
n
i
n
g
whether concurrency requirements are
met.
The City Commission may adopt, by resolution,
Boynton Beach Code
12
a methodology for determining whether the adopted compliance with the requirements of Sections 5 and
levels of service would be maintained upon approval 6, for the purpose of determining wheth er the adopted
of developme nt orders or permits, and how the levels of service for potable water and sanitary sewer
approval of such orders or permits shall be would be maintained. The utilities department shall
conditioned so as to maintain the adopted levels of transmit its
service. This methodology may refine but shall not
be inconsistent with the provisions of Sections 5 and
6, or the levels of service as defined in the
comprehensive plan. This methodology shall be
considered to be an amendment to the comprehensive
plan support documents. Upon adoption, this
methodology shall be altered or amended only by
resolution.
Sec. 8. Administration o f article.
A. The planning director or his duly authorized
representative is hereby authorized to administer the
provisions of this article, except that the city manager
may designate other departments, officials, or
employees of the city to administer t his article or any
portion thereof.
B. The planning director shall review all
applications for residential development orders and
permits described in Section 9.D.1 for compliance
with the requirements of Sections 5 and 6, for the
purpose of determinin g whether the adopted levels of
service for solid waste, parks, and recreation facilities
would be maintained.
C. The city's development department shall
review all applications for development orders and
permits described in Section 9.D.1 for compliance
with the requirements of Sections 5 and 6, for the
purpose of determining whether the adopted levels of
service for drainage facilities would be maintained.
The development department shall transmit its
findings and necessary conditions of approval to th e
planning director.
D. The city's utilities department shall review
all applications for residential development orders
and permits described in Section 9.D.1 for
findings and necessary conditions of approval to the parks, recreation and road facilities are available
planning director. concurrent with the impacts of development on each
facility, the following procedures are hereby
E. The Palm Beach County Traffic Engineer established to en sure that no development order or
sha ll review each application for area development permit is issued unless there are adequate public
orders and permit which are subject to such review facilities available to serve the proposed development
according to the Palm Beach County Traffic project, or that the development order or permit is
Performance Standards Ordinance, and the review conditioned on the availability of public facilities
and approval of such development orders and permits concurrent w ith the impacts of development.
shall be in ac cordance with said ordinances. In
addition, the city may review each traffic impact B. Exemptions, nonapplicability. The
study in accordance with said ordinance. (Ord. No. requirements of this section shall not apply to
96 - 50, § 2, 1 - 21 - 97) development orders and permits which are not
defined as such in Section 3, and shall not apply to
development orders or permits which ar e fully
Sec. 9. Procedures for certification or
exempt in accordance with Section 10 or 14.
c
o
C. Review to determine adequacy of public
n
facilities.
d
i
1. General. No development order or
t
permit as set forth in Section 9.D.1.a through c which
i
is submitted after the effective date or this article
o
shall be approved without the simultaneous issuance
n
of a concurrency exemption determination,
a
certification of concurrency, or conditional
l
certification of concurrency for each public facility.
certification of concurrency.
In no case shall land development be permitted to
proceed un less a development permit has been issued
A. General . In order to ensure that adequate for which certification of concurrency has issued.
potable water, sanitary sewer, solid waste, drainage,
1997 S - 5
Planning and Development Generally
13
2. Rules of general applicability. (2) Sanitary sewer. Certification
of concurrency or conditional certification of
a. Timing. A land development concurrency for sanitary se wer facilities shall be
order or permit may be submitted for concurrency issued only for “A” category development orders and
review at any time during the year. For development permits, as defined in Section 4.
orders and permits which are required to be
submitted to the planning director according to (3) Drainage. Certification of
Section 9.D.1, the deadline for submittal of concurrency or conditional certification of
applications to the planning director shall be thirty concurrency for potable water facilities shall be made
(30) days prior to the regularly scheduled technical only for “ A”, “B”, “C” and “D” category
review committee meeting which is prior to the development orders and permits, as defined in Section
regularly scheduled planning and development board 4.
meeting; except that where the development order or
permit is subject to the Palm Beach County Traffic (4) Solid waste. Certification of
P erformance Standards Ordinance, this deadline shall concurrency or conditional certification of
be sixty (60) days. All deadlines and procedures concurrency for solid waste facilities shall be issued
which are set forth elsewhere in this article shall be only for “A” category developm ent orders and
construed to be amended as necessary, in order to permits, as defined in Section 4.
ensure compliance with the Palm Beach Countywide
Traffic Performance Standards Ordinance. (5) Neighborhood parks.
Certification of concurrency or conditional
b. Assignability and transferability. certification of concurrency for neighborhood park
An exemption determination, certification of facilities shall be issued only for “A”, “B”, “C” and
concurrency, or conditional certification of “D” category development ord ers and permits, as
concurrency shall be assignable within a defined in Section 4.
development project, but shall not be ass ignable or
transferable to any other development project. (6) District parks. Certification
of concurrency or conditional certification of
c. Phasing. In determining whether concurrency for district park facilities shall be issued
a certification of concurrency or conditional only for “A” category development orders and
certification of concurrency would comply with the permits, as defined in Se ction 4.
requirements of Sections 5 and 6, the planning
director may c onsider the phasing of development (7) Recreation facilities.
and its coordination with public facility capital Certification of concurrency or conditional
improvements for a period of up to five (5) years, or certification of concurrency for recreation facilities
for a longer period of time if approved as a part of a shall be issued only for “A” category development
development agreement. Any such phasing plan orders and permits, as defined in Section 4.
shall be a condi tion of the approval of the
development order or permit. [d.1.] Expiration and effect.
d. Categories of development orders Expiration of certification of
and permits for which concurrency may be certified concurrency and conditional certification of
or conditionally certified. concurrency.
(1) Potable water. Certification Certification of concurrency shall
of concurrency or conditional certificati on of be valid for the life of the development order or
concurrency for potable water facilities shall be permit as defined in Section 4, and shall be valid for
issued only for “A” category development orders and the life of all subsequent development orders and
permits, as defined in Section 4. permits, provided that neither the original or
subsequent development orders or permits have been
Boynton Beach Code
14
allowed by the applicant to expire. Expiration of extensions for such certification, beyond the
development orders and permits s hall be defined by expiration date of the developmen t order or permit,
the time limitations set forth in Section 4. If the may be approved only in accordance with Section 12.
development order or permit is in a category for
which concurrency cannot be certified for all public Any certification of concurrency
facilities, the applicant shall submit, prior to the or conditional certification of concurrency for potable
expiration date of the develo pment order, an water or sanitary sewer facilities shall be contingent
application for a development order or permit for upon the developer paying a reservat ion fee for same,
which the remaining public facilities for which a in accordance with Chapter 26 of the City's Code of
certification of concurrency or conditional Ordinances, within thirty (30) days of the approval of
certification of concurrency can be issued; otherwise, the development order or permit. If the reservation
all certifications of concurrency and con ditional fee is not paid within this time, then certification of
certifications of concurrency shall expire. Time concurrency or conditi onal certification of
extension for certifications in such cases may be concurrency shall expire, unless a time extension is
granted only in accordance with Section 12. granted in accordance with Section 12.
If a project has received e. Effect.
certification of concurrency for some public facilities,
and has receive d conditional certification of (1) Certification of concurrency.
concurrency for other public facilities, any of which Receipt of certification of concurrency shall
are to be constructed by a governmental agency or constitute proof that public facilities a re or will be
pursuant to a valid development order or permit available, consistent with the adopted levels of
issued to others, then all such certifications shall be service set forth in Section 5, and the conditions set
valid until such time as the public facilities which are forth in Section 6, and shall specify the public
to be constructed by others or by government facilities which are to be constructed, timing of
agencies are available, such that a certification of construction, and responsibility for co nstruction.
concurrency for said public facilities can be made. In Certification of concurrency shall reserve capacity in
such cases, the applicant shall file a written request to the public facilities which are available, until the
rene w the certification of concurrency or conditional certification of concurrency expires.
certification of concurrency, prior to the expiration
date of the development order or permit, and (2) Conditional certification of
thereafter on a yearly basis, prior to the anniversary concurrency. If a certification of concurrency cannot
of the expiration date of the development order or be i ssued for any particular public facility then the
p ermit. development order or permit may be issued a
certification of conditional concurrency, if there is
If a project has received reasonable likelihood that the necessary public
concurrency certification for some public facilities, facilities would be provided by the developer, a
and conditional for other public facilities all of which governmenta l agency, or by other developers. The
are to be constructed by the developer, then all such conditional certification of concurrency shall specify
certifications shall be valid only until the expirati on the public facilities which are to be constructed,
date of the development order or permit. Time timing of construction, and responsibility for
extensions beyond any such expiration date for any construction. A conditional certification of
certifications of concurrency or conditional concurrency shall reserve capacity in the public
certifications of concurrency may be approved only facilities which shall be specified as such, until the
in accordance with Section 12. conditional certification of concurrency expires.
After the point in time at which f. Amendment of certification. An
certification of concurrency is issued for all public amendment to a certification of concurrency or
facilities, the life of the development order or permit conditional certification of concu rrency shall be
shall be that which is specified in Section 4, and time required in order to amend any development order or
Planning and Development Generally
15
permit for which such certification has been made, if director, or the planning director shall be notified by
the amendment would increase or decrease the the appropriate city department that the application
demand for any public facility. The amendm ent of has been received:
the certification shall require evaluation and
reservation of capacity only for any additional a. All development orders; and
demand for public facilities which would be created
by the amendment to the development order or b. All subdivision final plats; and
permit. Furthermore, the amendment of the
certification shall be approved if the amendment to c. All de velopment permits which
the development order or permit is exempt from are not fully exempt, in accordance with Section 10 or
concurrency requirements in accordance with Section 14, or for which certification of concurrency
Sections 14 and 10. has not been issued for all public facilities.
g. Effect of development agreement 2. Application requirements. Before
in conjunction with certification of concurrency or processing, all such development ord er or permit
conditional cert ification of concurrency. A developer applications shall be substantially complete and shall
may enter into a development agreement with the include the following:
City of Boynton Beach, in conjunction with the
approval of the development order or permit and a. For nonresidential uses, the gross
issuance of certification of concurrency or square footage and type of uses that would occupy
conditional certification of c oncurrency, in order to such floor area.
meet the conditions for the issuance of development
permits which are set forth in Section 6. The effect b. For nonresidential uses, the square
of the development agreement shall be to bind the footage and t ype of use, for any exterior uses which,
city and the developer pursuant to the terms of the in and by themselves, would create demand for public
development agreement fo r the duration of the facilities.
agreement. Any public facility which is included in
the five - year schedule of capital improvements in the c. For residential uses and lodging
city's CIE and which is included in the development facilities, the number and type of dwelling units or
agreement shall not be delayed, deferred, or removed lodging facilities; and, in the case of group quarters,
from the five - year sche dule of capital improvements t he number of beds.
set forth in the CIE, provided, however, that the
development agreement may state that the capital d. For applications for which the
improvement may be deferred for up to one year. development project would generate more than five
The city may delay, defer or remove a capital hundred (500) net vehicle trips per day, a traffic
improvement from the five - year sc hedule in such impact study shall be submitted which shall comply
cases only if the level of service in the with the requirements of the Palm Beach County
comprehensive plan is amended accordingly, and all Traffic Performance Standards Ordinance, unless the
development agreements shall include a provision for development project qualifies as a “previous
same. approval” under the terms of said ordinances. All
applications which generate five hundred (500) or
D. Procedure for review of land development more gross vehicle trips per day shall include a
orders and permits for compliance with this article. calculati on of the number of net vehicle trips.
1. Submission of development order or e. The proposed timing of the
permit to planning director. For each of the project, and phasing plan for the project, if any.
following development orders and permits listed
below for which an application is submitted to the 3. Determination of completeness. The
city after the effective date, either a copy of the planning director shall initiate review of the
applicat ion shall be submitted to the planning application upon receipt of same, and shall determine
Boynton Beach Code
16
whether the application is complete with respect to
this article, and includes data necessary to evaluate development order or permit is not exempt.
the application, within ten (10) days of receipt. If it
is determined that the application is not complete, t he c . Certification of concurrency.
applicant shall be notified of the deficiencies. The Within fifteen (15) days receipt of a statement from
planning director shall take no further action on the the utilities department, engineering department, and
application unless the deficiencies are remedied. For Palm Beach County Engineer, as required, the
applications which were submitted to other city planning director shall review that statements and the
departments or other governmental agencies , the application, and determine whether the application
planning director shall notify the city department or complies with the requirements of Sections 5 and 6.
other governmental agency which had sent the For development orders, certification of concurrency
application or notice of same to the planning director. shall be issued only if the development order is
For applications which were submitted directly to the conditioned upon development permits not being
planning department, the planning direct or shall issued unless the c onditions set forth in Section 6 are
notify the applicant directly. met. If the application complies with the above
requirements for all public facilities, the planning
4. Review and recommendation of city director shall issue a certification of concurrency.
departments and service providers. Within two (2) The certification of concurrency shall specify the
days of the day on which the planning director public facil ities which are to be constructed, timing of
determines that the application is complete, the construction, and responsibility for construction. If
application shall be forwarde d to the utilities the planning director determines that the application
department for all residential development orders and fails to meet the requirements of this subsection, the
permits, the engineering department for all applicant shall be notified of such deficiency, and the
development orders and permits, and the Palm Beach planning director shall determine whether a
County Engineer for development orders and permits conditional certification of concurrency may be
which are subject to the Palm Beach C ounty Traffic issued.
Performance Standards Ordinance; however, if the
application originated from either the utilities or d. Conditional certification of
engineering department, the planning director shall concurrency. If a certification of concurrency cannot
only notify that department that the review of the be issued for any particular public facility then the
application for compliance with this a rticle shall de velopment order or permit may be issued a
commence. certification of conditional concurrency, if there is
reasonable likelihood that the necessary public
5. Decision by planning director. facilities would be provided by the developer, a
government agency or by others. The conditional
a. Determination of certification of concurrency shall specify the public
nonapplicability. The planning director may facilities which would be necessary to serve
determine that the application is not a development development project, in order to maintain the adopted
order or permit, as defined in Section 3. In such levels of service. The conditional certification of
cases, no further action by the planning director or by concurrency shall also specify timing of construction,
the city shall be required. and respo nsibility for construction for these public
facilities.
b. Exemption determination. The
planning director may determine that the application
Sec. 10. Exemptions.
is for a development order which is exempt, in
accordance with Section 10, for any public facility.
In su ch cases, the planning director shall issue an A. General rules concerning exemptions:
exemption determination for such public facilities
and shall proceed in accordance with subsection c 1. “Exemption” or “Exempt” shall mean
below with respect to any public facilities for which that neither the city nor the applicant shall be required
the to demonstrate that the particular d evelopment order
Planning and Development Generally
17
or permit complies with the concurrency requirements
set forth in Sections 5 and 6 would be met, that permit set forth shall be construed to be exempt in
certification of concurrency or conditional accordance with the rules that apply to the principal
certification pursuant to Section 9 shall not be required development order or permit, including expiration
as a condition of the approval or continued validity of dates.
the development order or permit, and that concurrency
certification shall not be required in order for the 7. The expiration of exemptions shall be
development project to proceed, provided that the timed from the date of the most recent approval, time
conditions set forth in subsect ion 2 below are met. extension, revision, modification, or amendment of
the particular development order or permit which was
2. A development order or permit shall granted prior to the effective date, or which was
continue to be exempt and may proceed to the next submitted prior to the effective date and subsequently
stage of the development approval and permitting appr oved.
procedure for as long as development proceeds or is
completed in good faith as defined by the expiration 8. An exemption shall not be construed to
criteria set forth in Section 4. relieve any other lawful requirements related to
provision of public facilities, or to nullify conditions
3. “Effective date” with respect to of approval of the development order or permit which
exemptions shall mean February 1, 1990, with respect are related to the provision of public facilit ies or other
to concurrency requirements for roads, and shall mean improvements.
June 1, 1990, with respect to concurrency
requirements for all oth er public facilities. B. Exempt development orders and permits:
4. Substantially complete applications for 1. All development orders and permits
development orders or permits which were submitted and only those which are listed as “A” category
to the city prior to the effective date shall have the development orders or permits in Section 4 shall be
same exemption status as development orders or exempt from concurrency requirements set for th in
permits which were approved prior t o the effective Sections 5 and 6, with respect to maintaining adopted
date. The determination of whether an application is levels of service for potable water, sanitary sewer,
substantially complete shall be solely within the solid waste, recreation and district parks facilities.
judgement of the appropriate city department, agency,
official, or employee to which the application is 2. All development orders and permits
submitted, except that the city manager may review and only those which are listed as “A”, “B” or “C”
any such determination and substitute his own category development orders or permits in Section 4
determination. shall be exempt from the concurrency requirements
set forth in Sections 5 and 6, with respect to
5. Development orders or permits, other maintaining adopted levels of service for drainage,
than those which are listed in Section 10.B, and which road and neighborhood parks facilities.
create demand for public facilities, may be determined
to be exempt if an appe al is filed and granted in C. Exempt ion rules which are specific to
accordance with Section 14. The development order particular types of public facilities: The following
or permit in question shall be similar in nature to one rules shall apply to exempt development orders and
of the categories of development orders or permits permits, with respect to particular types of public
which is exempt. facilities:
6. Development orders or permits which 1. Potable water facilities. The
are accessor y to an exempt development order or exemption rules se t forth in this section shall also
apply where a determination of exemption is required
of or requested
2002 S - 18 Repl.
Boynton Beach Code
18
from the city for development projects located outside 6. District park facilities. Reserved.
the corporate limits of the City of Boynton Beach but
are located within the city's water service area. The 7. Neighborhood park facilities.
type of development order or permit issued by the City
of Boynton Beach which is most similar to the type of a. For exempt development projects.
development order or permit issued by the other local For development proj ects which are exempt, no
government shall be used in such c ases to determine existing private recreation or park areas shall be
the exemption category and status. reduced in size such that the level of service would be
reduced below that which is set forth in Section 5,
2. Sanitary sewer facilities. The except by an appeal granted in accordance with
exemption rules set forth in this section shall also Sections 14 or 15.
apply where a determination of exemption is required
of or requested from the city for projects located b . For annexed development
outside the corporate limits of the City of Boynton projects. For development projects which were
Beach, but are located within the city's sewer service approved in Palm Beach County and subsequently
area. The type of development order or permit issued annexed, and which are exempt, no existing private
by the City of Boynton Beach which is most similar to recreation or park areas shall be reduced in size such
the type of development order or permit issued by the that the level of service woul d be reduced below that
other local government shall be used in such cases to which is set forth in Section 5, except by an appeal
determine the exemption category and status. granted in accordance with Sections 14 or 15.
3. Drainage facilities. Exemption of a 8. Roads.
development order or permit from the concurrency
requirements set forth in this article shall not relieve a. All “A”, “B” and “C” category
the obligation of applicant for development order or projects shall be exempt, and shall be construed to be
permit to obtain necessary permits or other approvals projects with “previous appr oval” in accordance with
from Lake Worth Drainage District, South Florida the Palm Beach County Wide Traffic Performance
Water Management District or the city, and to comply Standards Ordinance.
with applicable laws, policies and permit conditio ns
which are administered by these agencies. b. All exempt development orders
Furthermore, all exempt development orders or and permits shall be required to provide traffic
permits shall be subject to any permits or approvals, improvements in accordance with the conditions of
and conditions attached thereto, which were issued for the approval of the develop ment order or permit.
the particular development order or permit by the
South Florida Water Management District, Lake c. All complete applications for
Worth Drainage District or city. development orders or permits which were received
after November 7, 1989 and before February 1, 1990,
4. Solid waste facilities. Reserved. and which included an application for rezoning shall
be required to comply with the provisions of Chapter
5. Recreation facilities. For development 2, Section 9.C.4.h.(5) of the City of Boynton Beach
projects which are exempt, no existing private Land Development Regulations, except that the levels
recreation facilities shall be reduced in size o r number of service for roadway links shall be those which
below the levels of service which are set forth in were set forth in the city's comprehensive plan during
Section 5, except in accordance with Sections 14 or this time period.
15.
2002 S - 18 Repl.
Planning and Development Generally
19
Sec. 11. Concurrency review board.
and development board, and shall notify city manager
of its reco mmendations. Any action by the
A. Reserved. concurrency review board may be appealed as
outlined in Chapter 1, Article VII, Section 2.
B. Reserved.
G. Duties.
C. Concurrency review board. A concurrency
review board is hereby established, which shall consist 1. Hear and decide appeals of
of the utilities director, the recreati on and parks administrative decisions or determinations denying
director, the public works director, the city engineer, certificate of concurrency and/or a conditional
the planning and zoning director, and the director of certificate of concurrency.
development, or their duly authorized representatives.
The city manager may include himself and/or the city 2. Hear and decide appeals for time
attorney on this board, at the discretion of the city extensions to a certificate of concurrency or
manager, either permanently or for the purpose of conditional certificate of concurrency.
reviewing particular applications. A quorum of this
board shall consist of three (3) members, and all 3. Hear and decide appeals when a
actions by the board shall be by simple majority vote, determination is made that a particular development
unless the votes a re evenly split, in which case, the or der or permit is not exempt from concurrency
vote of the board shall simply be transmitted to the requirements.
planning and development board. The concurrency (Ord. No. 96 - 50, § 3, 1 - 21 - 97; Ord. No. 02 - 033, §§ 2,
review board or its members may consult with the city 4, 8 - 20 - 02)
attorney, city manager and any other government
officer or agenc y involved with the provision or
Sec. 12. Reserved.
regulation of public facilities, as well as the state land
planning agency and the regional planning council,
with respect to any matter which is to be considered
Sec. 13. Reserved.
by the board.
D. All actions by the concurrency review boa rd,
Sec. 14. Certification of concurrency or
city manager, planning and development board and
City Commission with respect to an appeal shall be
based upon applicable provisions of Florida law, the
city's comprehensive plan, other applicable provisions
of the city's Land Development Regulations, the
provisions of this article, the plans, programs, and
regulations of those agencies which provide or
regulate public facilities, accepted engineering
principals, and applicable criteria set forth in Sections
13 or 14.
upon request.
E. Reserved.
Any property owner , contract purchaser,
F. The concurrency review board shall review developer or prospective developer, or their agent,
each appeal with respect to the criteria set forth in may, with the written consent of the property owner,
Section 11.D, and shall forward its recommendation as request the planning department to certify that the
well as the vote of each of its members to the planning development order or permit for the property is
exempt from the concurrency r equirements, or is not
exempt but otherwise complies with such
requirements, with the following exceptions:
A. Any development order or permit has been
issued or is contemplated for a single - family or
duplex lot located within a subdivision plat which w as recorded prior to January 13, 1978; and
2002 S - 18
Boynton Beach Code
20
Sec. 17. Conflicting ordinances.
B. Any development order or permit which has
been issued or which is contemplated on property
lying within any recorded subdivision plat for which All laws and ordinances in conflict with any
the on - site water, sewe r, paving and drainage provisions of this article are hereby repealed.
improvements have been accepted by the city, or the (Ord. No. 01 - 20, § 3, 5 - 15 - 01)
twenty - one - month time limit for the completion of
such improvements has not expired; and
Sec. 18. Severability.
C. Any structure which has received a
certificate of occupancy or is otherwise lawfully Should any section or provision of this article or
oc cupied; and any portion thereof be declared by a court of
compete nt jurisdiction to be invalid, such decision
D. Any site plan or conditional use for which shall not affect the remainder of this article.
less than one year has passed since the approval date (Ord. No. 01 - 20, § 4, 5 - 15 - 01)
of same; and
Sec. 19. Effective date.
E. Any property, use of property, or structure
for which a development order or permit has not been
issued or applied for. This article shall become effective immediately
upon passage.
For the development orders and permits listed under (Ord. No. 01 - 20, § 5, 5 - 15 - 01)
subsections A through E above the planning
department shall not be required to provide a written
exemption determination, or is not exempt but
otherwise complies with the city's concurrency
requirements.
S ec. 15. Reserved.
ARTICLE VII. FEDERAL HIGHWAY
CORRIDOR COMMUNITY
REDEVELOPMENT PLAN
Sec. 16. Adoption of plan; Applicability.
A. The City Commission hereby adopts the
Federal Highway Corridor Community
Redevelopment Plan, prepared by Michele Mel lgren
and Associates, Inc., dated April 3, 2001.
B. The Federal Highway Corridor Community
Redevelopment Plan constitutes a partial update of the
existing 1983 CRA Redevelopment Plan.
(Ord. No. 01 - 20, §§ 1, 2, 5 - 15 - 01)
2002 S - 18