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ORDINANCE O~-~.~
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA, AMENDING
CHAPTER 1, GENERAL PROVISIONS OF THE LAND
DEVELOPMENT CODE OF THE CODE OF
ORDINANCES OF THE CITY OF BOYNTON BEACH,
BY CREATING ARTICLE XI, NOTICE OF INTENT
PROVIDING FOR A NOTICE OF INTENT OF
PENDING LAND DEVELOPMENT REGULATIONS;
PROVIDING FOR A STATEMENT OF INTENT,
DEFINITIONS, RATIFICATION BY CITY
COMMISSION, STATEMENT OF PURPOSE, POSTING
OF NOTICE, IMPLEMENTATION OF TIME FRAME,
EFFECT ON DEVELOPMENT PERMITS,
REGULATIONS SUB]ECT TO NOTICE OF INTENT,
AND EVIDENCE OF GENERAL COMPLIANCE;
PROVIDING FOR NOTIFICATION TO THE PLANNING
AND DEVELOPMENT BOARD; PROVIDING FOR
CONFLICT; PROVIDING FOR SEVERABILITY;
PROVIDING FOR INCLUSION; PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the City of Boynton Beach continues to review and,
when deemed necessary, modify land development regulations
consistent with the need to appropriately regulate development in the
community in conformance with the City's adopted Comprehensive Plan
and with emerging issues associated with development and
redevelopment; and
WHEREAS, such revisions may affect landowners, builders,
developers, and similarly situated land related or building related parties
in the City of Boynton Beach; and
WHEREAS, while such revisions are normally required to obtain a
recommendation from the Planning and Zoning Board and approval by
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the City Commission pursuant to State law and the Land Development
Code of the City of Boynton Beach, both at public meetings or hearings,
interested persons are not always noticed of such proposed changes
early in the process so that they have an adequate opportunity to
provide input to the development of the regulatory change and
adequate time to structure their development proposal to conform with
the proposed regulatory changes; and
WHEREAS, the City Commission believes that an improved and
expanded notice requirement would benefit all interested parties; and
WHEREAS, staff recommends that the "General Provisions"
section of the Land Development Code of the Code of Ordinances of the
City of Boynton Beach be revised to provide for a notice of intent of
pending land development regulations which would provide an
administrative procedure for the public and the affected parties to
become aware of pending land development regulations which may
effect proposed plans for development; and
WHEREAS, such notice would allow affected parties the earliest
opportunity to plan for the impact of new land development regulations
on their projects; and
WHEREAS, such notice would allow affected parties the
maximum time to revise proposed developments to meet the new or
emerging land development regulatory requirements; and
WHEREAS, it is the intent of the City Commission that following
issuance of a Notice of Intent, no application for development activity
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shall be issued whiCh is inconsistent with the regulations under
consideration.
WHEREAS, the City Commission of the City of Boynton Beach has
found it in the best interest of all affected parties for the administration
to provide a notice of intent of pending land development regulations;
now, therefore
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
BOYNTON BEACH, FLORIDA:
Section 1. The foregoing "WHEREAS" clauses are'hereby ratified
and confirmed as being true and correct and are hereby made a specific
part of this Ordinance upon adoption hereof.
Section 2. That Chapter 1, General Provisions, Article XI of the
Land Development Code of the Code of Ordinances of the City of
Boynton Beach, is hereby created to be read as follows:
Article XI. Notice of Intent of pending development regulations.
A. Statement of Intent.
(1) The City from time to time will propose changes to the Land
Development Code of the Code of Ordinances of the City of Boynton
Beach.
(2) The purpose of this section is to provide an administrative
procedure for the public and the development community to be notified
of such changes in land development regulations which may impact
proposed plans for development within the City of Boynton Beach as
early in the Code revision process as possible to best ensure that
affected parties do not unnecessarily expend time, money and
resources on proposed development projects which will be subject to
such land development regulations' revisions.
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(3) It is further the purpose of this section to ensure that upon
the issuance of the Notice Of Intent, as hereinafter provided, no
proposed land development project affected by a pending regulatory
change shall be approved by any City officer, official, commission,
board, agency or body, whether elected or appointed, unless said
proposed land development project conforms with the pending
regulatory change and/or the proposed land development project
approval is conditioned on such conformance pursuant to the pending
regulatory change as currently drafted or as finally approved, whichever
is appropriate.
B. Definitions. As used in this section.
Affected parties includes persons owning property or persons
owning or operating a business within the boundaries of the City of
Boynton Beach whose development application or application for a
permit or license is pending.
Development activity means application for a master plan,
site plan, rezoning, building permit, or variance.
C. Not/ce of Intent Authorization/Effective Date/Ratification by
City Commission.
(1) At the time the City Commission authorizes, by Resolution,
the investigation, study, development, drafting or consideration of a
change to a land development regulation, a Notice of Intent of the
pending regulatory change shall be issued. The effective date of the
Notice of Intent shall be deemed to be the date of said authorization by
the City Commission.
(2) At the next Commission meeting following the Notice of
Intent, members of the public shall have the opportunity to address the
City Commission in a public hearing format relative to a filed Notice of
Intent. After the public hearing the City Commission by majority vote
shall either approve or disapprove the further processing of the
proposed regulation which is the subject matter of the Notice of Intent.
D. Statement of Purpose.
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The Notice of Intent shall include:
(1) a statement of purpose;
(2) a brief description of the pending regulatory change which
shall include as much specificity as possible; recognizing however, that
changes may occur as the pending regulation proceeds through the
drafting, review, public meeting and public hearing process. The
description shall include a statement of the possible effect that the
pending regulation may have on development. In addition, the
description shall provide an indication of the provisions of the existing
code that may require modification;
(3) a statement of the projected time frame for the adoption of
the pending regulation; and
(4) a statement of the point in the development approval
process at which the pending regulation would apply.
E. Post/n_q of Not~ce.
(1) The Notice of Intent shall be posted in the Development
Department, and in a conspicuous location in City Hall.
(2) From and after the Notice of Intent, applicants for
appropriate licenses, permits, and other applicable development
applications, including but not limited to plats, site plans, rezonings,
variances, and building permits, shall be provided written notice of the
pending land development regulatory changes which may potentially
affect the applicant. Applicants shall be provided written notice by mail
and through the availability of notices in the Development Department,
and by posting of the Notice of Intent. To the extent that affected
parties have comments, they shall be afforded the opportunity to file
written opinion or objections with the Development Director.
(3) Neither the failure of the city to provide written notice nor
the failure of an applicant for development to observe the posted notice
nor the failure of the city to provide posted notice shall invalidate the
applicability of this Ordinance to said applicant for development
approval.
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F. ;mplementation Time Frame
(1) The pending regulatory change shall be considered by the
City Commission at a public hearing within a time period prescribed by
the City at the time of the filing of the Notice of Intent.
(2) If additional time is required for study and deliberation due
to the scope of the proposed regulatory changes or arising from
procedural issues, upon a majority vote of the city commission, the time
prescribed by the City in the Notice of Intent may be extended for an
additional period of time approved by the City Commission upon
expiration of the initial period of time stated in the Notice of Intent.
3) If no final action has been taken by the city commission
within the time limits set forth herein, the Notice of Intent will expire.
G. Effect on Pending or Proposed Development Perm/ts
(1) A Notice of Intent shall have no effect on any application for
development activity (a master plan, site plan, rezoning, variance, or
building permit)pending for approval on September 19,-2000 or
approved on or before September 19, 2000.
(2) Except as provided in (1) above, no application for
development activity (a master plan, site plan, rezoning, variance, or
building permit) shall be accepted for processing by the City following
the issuance of a Notice of Intent unless said application conforms with
the pending regulatory change and/or the application is conditioned on
such conformance pursuant to the pending regulatory change as
currently drafted or as finally approved, whichever is appropriate.
H. Re_qu/ations subject to Not/ce of Zntent.
Pending regulations subject to the Notice of Intent include
development regulations as defined by section 163.3213, Florida
Statutes, as amended from time to time, and comprehensive plan
amendments which are a condition precedent to land development
regulatory changes.
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~. Evidence of ~Teneral compliance.
Evidence of §eneral compliance with the procedures of this
section of the Code shall be sufficient to sustain the regulation upon
adoption.
1 Copies to Planninq andZon/nq Board
The Planning and Zoning Board shall be provided with a copy of
all Notices of Intent upon issuance.
Section 3. Conflicting Ordinances
All prior ordinances or resolutions or parts thereof in conflict herewith
are hereby repealed to the extent of such conflict.
Section 4. Severability.
Tf any section, sentence, clause, or phrase of this Ordinance is held to
be invalid or unconstitutional by any court of competent jurisdiction,
then said holding shall in no way affect the validity of the remaining
portions of this Ordinance.
Section 5. Inclusion in Code.
Tt is the intention of the City Commission of the City of Boynton Beach,
Florida, that the provisions of this Ordinance shall become and be made
a part of the City of Boynton Beach Code of Ordinances; and that the
sections of this ordinance may be renumbered or relettered and the
word "ordinance" may be changed to "section," "article," or such other
appropriate word or phrase in order to accomplish such intentions.
Section 6. Effective Date.
This Ordinance shall become effective upon adoption by the City
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Commission.
FIRST READING this /¢¢ day of
2000.
SECOND, FINAL READING and PASSAGE this
/__~¢',¢,~6'~ ., 2000.
ATTEST:
(CORPC
.,,,~ ~o~
S:CB~Q~ 9g%zoningi~.091~
day of
Mayor Pro Tern
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Co~ioner