10-010
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1 ORDINANCE NO. 10- 010
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3 AN ORDINANCE OF THE CITY OF BOYNTON BEACH,
4 FLORIDA AMENDING LAND DEVELOPMENT
5 REGULATIONS, CHAPTER 1, ARTICLE II,
6 "DEFINITIONS", AMENDING CHAPTER 2, SECTION 4J
7 "OTHER STRUCTURES", TO CREATE PROVISIONS
8 AND STANDARDS FOR THE USE OF WINDMILLS;
9 PROVIDING FOR CONFLICTS, SEVERABILITY,
10 CODIFICATION AND AN EFFECTIVE DATE.
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12 WHEREAS, the Utilities Department plans to use two windmills for aeration purposes
13 in the wet detention area of Mangrove Walk Park which would be part of a resolution to a water
14 quality problem involving the Florida Department of Environmental Protection; and;
15 WHEREAS, currently, the City's Land Development Regulations do not contain
16 provisions for windmills; and
17 WHEREAS, the City Commission has considered staff s recommendations and reports,
]8 and determines and finds that it would be appropriate to amend the Land Development
19 Regulations to reflect this addition; and
20 WHEREAS, the City Commission finds that the adoption of this ordinance is in the
21 best interest of the health, safety, and welfare of the citizens and residents of the City of
22 Boynton Beach.
23 NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
24 THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
25 Section I. The foregoing whereas clauses are true and correct and are now ratified
26 and confirmed by the City Commission.
27 Section 2. Chapter I, General Provisions, Article II, Definitions of the Land
28 Development Regulations of the City of Boynton Beach Code of Ordinances is hereby amended
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1 as follows:
2 . . .
3 WINDMILL. AERATION - A wind driven aeration system that pumps oxygen into air lines
4 located in water bodies, such as wet detention areas, ponds, and the like. Air diffusers turn the
5 compressed air into oxygen bubbles, whose purpose it is to rise through the water and remove
6 pollutants and improve water quality. It is not the function of an aeration windmill to create or
7 generate electric power, either for use or sale, on or off-site.
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9 .. .
10 Section 3. Chapter 2, Section 4J, "Other Structures" of the Land Development
11 Regulations of the City of Boynton Beach Code of Ordinances is hereby amended as follows:
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13 J. OTHER STRUCTURES AND IMPROVEMENTS. To further clarify the definition of
14 structure as applied to all districts and boundaries, the following shall apply except that comer
15 lots shall be regulated by other parts of this ordinance. The following structures and
16 improvements shall be permitted in front, rear or side setbacks as provided in this ordinance, in
17 any zone, except where so noted, and agency authorization shall be required for placement in
]8 easements:
]9 . . .
20 29. Windmills, used to aerate wet detention areas, provided that such structures are
21 located in nonresidential zoning districts, designed as monopoles, and are not greater
22 than 25 feet in height (measured from the foundation or base, to the shaft). The
23 minimum required setback from the property line for each windmill shall be equal to its
24 height. Also, windmills shall be setback a minimum of 25 feet from all trees, in order to
25 protect nesting and feeding sites for birds. All windmills shall be lowered to the prone
26 position at least 12 hours upon the posting of a tropical storm or hurricane watch. All
27 windmills shall be kept in operating condition or may be subiect to removal.
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31 Section 4. Each and every other provision of the Land Development Regulations
32 not herein specifically amended, shall remain in full force and effect as originally adopted.
33 Section 5. All laws and ordinances applying to the City of Boynton Beach in
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1 conflict with any provisions of this ordinance are hereby repealed.
2 Section 6. Should any section or provision of this Ordinance or any portion thereof
3 be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the
41 remainder of this Ordinance.
Section 7. Authority is hereby given to codify this Ordinance
Section 8. This ordinance shall become effective immediately.
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FIRST READING this ~ day of M Ply ,2010.
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SECOND, FINAL READING AND PASSAGE this ~ day of M AV , 2010.
CITY F BOYNTON BEACH, FLORIDA
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