O85-30ORDINANCE NO. ~.~'-~)
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF BOYNTON BEACH, FLORIDA, AMENDING
CHAPTER 5. BUILDINGS, HOUSING AND CONSTRUCTION
REGULATIONS, ARTICLE X. PARKING LOTS, SECTION
5-144, VARIANCES TO THIS ARTICLE. (a)
VARIANCES AUTHORIZED. TO PROVIDE THAT THE
DOWNTOWN REVIEW BOARD SHALL TAKE THE PLACE
OF THE PLANNING AND ZONING BOARD IN ALL
PROCEEDINGS WITH REGARD TO APPLICATIONS FOR
VARIANCES WHERE PROPERTY LIES WITHIN THE
CENTRAJ~ BUSINESS DISTRICT (CBD); PROVIDING
THAT EACH AND EVERY OTHER PROVISION OF
CHAPTER 5. BUILDINGS, HOUSING AND CONSTRUCTION
REGULATIONS, ARTICLE X. PARKING LOTS, SHALL
REMAIN IN FULL FORCE AND EFFECT AS PREVIOUSLY
ENACTED; PROVI~DING AUTHORITY TO CODIFY;
PROVIDING A CONFLICTS CLAUSE, A SEVERABILITY
CLAUSE, AND AN EFFECTIVE DATE; AND FOR OTHER
PURPOSES.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL
OF THE CITY OF BOYNTON BEACH, FLORIDA:
Section 1: Chapter 5. BUILDINGS, HOUSING AND
%CONSTRUCTION REGULATIONS, ARTICLE X. Parking Lots, Section 5-144.
Variances to this Article. (a) Variances authorized, is hereby
amended to read as follows:
Sec. 5-144. Variances to this Article.
(a) Variances authorized. The Planning and Zoning
Board of the City of Boynton Beach is hereby
authorized to grant variances to any section of
this Article after conducting a public hearing at
which any party may appear in person or through his
duly authorized agent to give testimony. Where
property lies within the Central Business District
(CBD), as set forth in the Zoning Regulations, the
Downtown Review Board shall take the place of the
Planning and Zoning Board in all proceedings with
regard to applications for such variances. Such
variances may be granted only when the granting
of same will not be contrary to the public interest,
and where, owing to special conditions, a literal
enforcement of the provisions of this Article would
result in an unnecessary hardship, not created by
the applicant or his predecessor in title, use, or
possession.
Section 2: Each and every other provision of Chapter 5.
BUILDINGS, HOUSING AND CONSTRUCTION REGULATIONS, ARTICLE X.
Parking Lots, Section 5-144. Variances to this Article. shall
remain in full force and effect as previously enacted.
Se'ction 3: Specific authority is hereby given to
codify this Ordinance.
Section 4:
Ail ordinances or parts of ordinances in
conflict herewith are hereby repealed.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: This Ordinance shall become effective
immediately upon passage.
FIRST READING this ~z~ day of ~
READING and FINAL PASSAGE this /~. day of
SECOND
, 1985.
1985
CITY OF BOYNTON BEACH, FLORIDA.
COUNCIL ~c~ ~BE~R
ATTEST-.'
(Seal)
COUNCIL MEMBER