05-023
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1 ¡ ORDINANCE NO. 05-D~3
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5 AN ORDINANCE OF THE CITY COMMISSION
6 OF THE CITY OF BOYNTON BEACH, FLORIDA,
7 AMENDING THE LAND DEVELOPMENT
8 REGULATIONS, CHAPTER 2., SECTIONS 7 H. 14
9 AND 7 P. 1. e. TO ALLOW A MAXIMUM
10 BUILDING HEIGHT EXCEEDING FORTY-FIVE
11 FEET IN HEIGHT BUT NOT EXCEEDING
12 SEVENTY-FIVE (75) FEET IN HEIGHT IN A PID
13 MIXED USE POD, PROVIDING APPLICATION
14 FOR BUILDING WITH A HEIGHT EXCEEDING
15 FORTY-FIVE (45) FEET SHALL BE PROCESSED
16 AS A CONDITIONAL USE; PROVIDING FOR
17 CONFLICTS, SEVERABILITY, CODIFICATION
18 AND AN EFFECTIVE DATE.
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22 WHEREAS, the City's PID Land Development Regulations limit building height to
23 orty- fi ve (45) feet; and
24 WHEREAS, the City Commission has considered recommendations from City staff
25 hat buildings in PID mixed use PODS be permitted to a height of seventy-five (75) feet
26 ubject to conditional use review/approval;
27 NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
28 HE CITY OF BOYNTON BEACH, THAT: I
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29 Section 1. Each Whereas clause set forth above is true and correct and herein
30 ncorporated by this reference.
31 Section 2. That Chapter 2. Section 7 H. 14 of the LDR is hereby amended by as
32 ollows:
33 14. Maximum Building Height. No building or appurtenances thereof
34 within the PID zoning district shall exceed forty-five (45) feet in height,
35 with the exception of buildings in a Mixed Use POD pursuant to Section I
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39 Section 7.P.l.e Maximum Structure Height. Mechanical equipment whiffi I
40 exc1usi';ely serves the structure shall-Ðet-be-included in the calculation of height.
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1 e.l Maximum Building Height. The maximum building height within a
2 Mixed Use Pod shall not be greater than five (5) stories and shall be belmv the Florida
3 Building Code thresholds for a· high rise classification.75 feet. Any building
4 exceeding 45 feet in height shall be processed as a conditional use.
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8 Section 3. That Chapter 2. Section 7 P. 1.e of the LDR is hereby amended by
9 reating new sections as follows:
10 ·e.2. Building Height Measurement. Building height shall be measured
11 from the lowest finish floor slab elevation of the proposed building to the peak
12 of the structure, including any architectural details, stairwells, elevator shafts,
13 etc.
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15 e.3. Height Setback Envelop. Minimum building setbacks shall be based
16 on building heights for buildings greater than forty-five (45) feet in height.
17 The height setback envelop is applicable where the Mixed Use development is
18 adiacent to an existing developed single-family residential zoning district
19 outside the PID. This minimum setback shall be three (3) times the building
20 height for any multifamily or nonresidential structure. The setback shall be
21 measured rrom the common boundary of the PID and the existing single.:
22 family residential zoning district of the midpoint of any intervening right-of-
23 way-,-
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25 Section 4. Each and every other provision of Chapter 2, Section 7 of the Land
26 evelopment Regulations, not herein specifically amended shall remain in full force and
27 ffect as previously enacted.
28 Section 5. All ordinances or parts of ordinances in conflict herewith be and the
29 ame are hereby repealed.
30 Section 6. Should any section or provision of this ordinance or portion hereof,
31 ny paragraph, sentence or word be declared by a court of competent jurisdiction to be
32 nvalid, such decision shall not affect the remainder of this ordinance.
33 Section 7. Authority is hereby granted to codify said ordinance.
34 Section 8. This ordinance shall become effective immediately upon passage.
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36 FIRST READING this Æ...L day of ~u.t'\c.... , 2005.
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2 day Of~,
3 SECOND, FINAL READING AND PASSAGE this 5
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5 CITY OF BOYNTON BEACH, FLORIDA
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