03-048CORRECTIVE ORDINANCE
iSCiRIVENER'S ERROR (*)
Olm N CE NO. 03-0 q
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA AMENDING
LAND DEVELOPMENT REGULATIONS, CHAPTER 2,
ENTITLED "ZONING," SECTION 4.J, "OTHER
STRUCTURES," PROVIDING THAT DOCKS MAY NOT
EXTEND FURTHER INTO THE WATERWAY THAN 25%
THE WIDTH OF THE WATERWAY; PROVIDING FOR
CONFLICTS, SEVERABILITY, CODIFICATION AND AN
EFFECTIVE DATE.
WHEREAS, the federal rules and regulations limit the construction of docks, pilings,
and other structures in navigable waterways to no further than 25% the width of the
waterway; and
WHEREAS, the City Commission of the City of Boynton Beach has determined that
due to the increase of boat traffic, larger vessels, and more vessels utilizing the waterways in
:he City, it is necessary to reduce how far into the waterway a dock, mooring pile, seawall or
~imilar structure may extend from 33% the width of the waterway to 25% the width of the
~'aterway, which is consistent with federal rules and regulations and with Section 104.1.1 of
:he Boynton Beach Amendments to the 2001 Florida Building Code; and
WHEREAS, at its meeting of August 26, 2003, the City of Boynton Beach Planning
md Development Board recommended that the City Commission amend Chapter 2, Section
~.J. 15 of the Land Development Regulations of the City of Boynton Beach to provide that
:locks, mooring piles, groins, seawalls, jetties, revetments, or similar structures and facilities
may not extend more than 25% into the waterway; and
WHEREAS, the City Commission of the City of Boynton Beach concurs with the
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findings of the Planning and Development Board and finds that amending Chapter 2, Section
4.J. 15 of the Land Development Regulations is in the best interests of health, safety, and
welfare of the citizens and residents of the City of Boynton Beach.
NOW THEREFORE, BE IT ORDAINED BY TI-IE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section 1. The foregoing whereas clauses are tree and correct and are now ratified
and confirmed by the City Commission.
Section2. That Chapter 2, entitled "Zoning," Section 4, entitled "General
>rovisions, Subsection J, entitled "Other Structures," is hereby amended by adding the words
md figures in underlined type and by deleting the words and figures in struck-through type,
as follows:
Section 4. General provisions.
lee
OTHER STRUCTURES.
15.
Open terraces, including walkways, unenclosed decks and
slabs, natural plant landscaping and docks, with or without
canopy. Docks projecting into waterway owned by a
different property owner than the owner of the dock shall
require prior approval at time of permitting from the owner of
the walkway *waterway. In addition, the dock, all mooring
piles, groins, seawalls, jetties, revetments, or similar
structures and facilities related thereto, shall not extend
further into the waterway than 1/3 1/4 of the width of the
waterway for private or commercial docking and mooring
facilities.
Section 3.
Each and every other provision of the Land Development Regulations
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not herein specifically amended, shall remain in full force and effect as originally adopted.
Section 4. All laws and ordinances applying to the City of Boynton Beach in
conflict with any provisions of this ordinance are hereby repealed.
Section 5. Should any section or provision of this Ordinance or any portion
thereof be declared by a court of competent jurisdiction to be invalid, such decision shall not
affect the remainder of this Ordinance.
Section 6. Authority is hereby given to codify this Ordinance.
Section 7. This Ordinance shall become effective immediately.
FIRST READING this oq day of ~~
SECOND, FINAL READING AND PASSAGE this
,2003.
__ day of ~.~1'o~, 2003.
CIT~/OF~B/O~q'qT~N BEACH, FLORIDA
ayor ~
Vic
Commissioner
ATTEST:
IF* Scrivener's Error
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