Loading...
Planning and Development Board +Jdj.a.du ol. Nuc yutd-, uol_u.Aog Jo . 3TJ atfl. JO 1.uauzdolaaap ICoTsALTd auk. xoJ•u-sld 3• aArsuauaaduzoj .e jo uon.dope..zoJ Itouno0 /CTTO•am oq. puauzmooa.I pure,a.xedaad ol. p,xeog pros jo Sq.mq.rsuodsa,z pu-e An.p..zam.zns•am. aq 'rags tI i •/S1TO am•uiurr ., uTuoz IedTaTunux of uTureT.Iad ;za14-e x .oargns Ie.zaua2 cur-uop.-epuauxuzooaa pUE uotwaaptsuoo .zoJ p.reog pres oq...zaja.x , `uoTI.Tpp-e:uT ` -em ItounoO LTTO ata •slsanba.z 2uTuoz eons IZ-e Io uopTsodstp ' 1 211Tp,m2aa uo-ReuTuzxal.ap TeuIJ s.a-iounoa.4Ta eTTh tfTA uoTroauuoo uT ITounoO ICI-TO i *TV- o4.'suoTwpuauzuzooe.z axreuz oT pure `s .sanba.x.tlons 14-1/2\- uoTloauuoa uT s2ut.xeau oTlqud ronpuoo ol. `STTO atp. Io.apoO 2uTuoz .zals-ew,atf. aapun sa2u-e-go 2uTuoz .Io; sa.sanba x {-{-err'e 2zapTsuoa jo asod.znua S d a ...zj o ocin.-p-qj .eoTp .ao -tremar-et� 0'' slr Jo IIeo a14 1'e Taam oa. p.X5og pT'es Io ISI-TITgtsuodsa.z pine 1S4.np. au ..aq. Ileus 1-I •ITounoO. 4TTO am jo am ve aA.xas oa. .`ITouno3:AM al-II-RI paurodde eq'oj. `s.zaquzauz (L) uaaas Io 1.sTSuoo Illus -goTtt4. 'pxeog.Tt aoZ pur , t'[uu'e-Cd IedTotunw -e paa.-ea.zo•ISga.zatt st.aJati1 `ep--r;Iol,I `tp-eag uoTuiSog to a ala-eqo • auk. jo eg uoTroas Jo suotsTcso.xd am ol. .uensand 1.e-gs, :g tioI oas S •tlaJT;ua `•, ..xtam ut:p.ateadaiz Sqo i q 'axe aures •am.pu'e `aq.tpeag tow/Cot{ Jo ATTj am.Io I Z.-OL .aou'eta p.z0 pu'e•C--T9 aou'eurp.z0 Jo suoTstAoJC auk- .r'stiff'='I T49-P° S •i. :v'CIHo`-Id . `HOVgg .NOIL_\I:,0 eco 2./Ip aiu ao `ii noa ASIA aHS n.a aq ITvando II IH =s' 0d cl11 cd;lzIWIsr0 `=TQ :Qgv: g;VCI gALLO aig a; NT `z_saxaoo 0,T, . xa,m0IXS11 T .:`S IOISIA0"dd tNI"IVaid3�cl.._.`.'35n.W`ID.SOMANS: ' :log ',IgHs Tl1.s'ONILCIIIO`zTa aNV , O I, `H .>Sa flIHISiNOdsaI q.NV saLL.4(KFlii HJ I0 €NIS;ila.s°' gH s LT ';:drairoa azo: Jo s ItSI11Iaix,:aHJ ,IO• Old-d0 'TO SJAIZT3 C[NV•;aKal IIINIOddV • 3HJ `}I03 lIgHs,tn.A ONICII110il-Ica:'aH.VOSI.- i.LOz.GMV DNiN1NVr a'ri 'dIOulaTAT J& [N \' O.NIZVg'IO QMV'• `hsH`IIZ 1a .... 'II9III, NI .A,SI'-IVdIOTN_Ola: GIVS. . 0:z-OL•QNV 9-T9 . 5f3NVNI fl O XIO SNOISIA0`!3d O_NI"IVscI I `CallOrld. . ' kk . `HO ';3g.NOSN.AO£t sao LiI,IO au" do. amv.micuo'NV , • ( - IL •ON abNVNIGH0 ii -.� ;' 4 ' e Eyµ • 0 Plan may,show,, among other things: existing-and proposed streets, highways, . expressways, bridges,. tunnels and viaducts and approaches thereto; routes of railroads•and.transit lines; terminals, ports and airports; parks, playgrounds forests, reservations, and.Other public open spaces; sites .for.public buildings andstructures; districts for-residence,, business, industry, recreation, agri- culture and forestry; special .districts for other:purposes; limited development districts for purposes of conservation; water supply, sanitation, drainage, protection:against.floods, and the+like; areas for housingdevelopments, slum clearance, urban renewal and redevelopment;. location.of:public utilities, whether publicly or privately owned, including but not limited to sewerage •and water .supply systems; together with time and priority schedules and cost estimates.for;the accomplishment of the proposals. The Comprehensive Plan .shall be-based uponand include':appropriate studies 'of the location and extent of present,and. anticipated use ofland, pbpulation, social and economic • resources and problems, and other useful data. TheBoard shall, in addition, review,, consider'and make recommend- , ations to the City. Council concerning.the Council's.final approval of maps and plats of subdivisions of land within the-municipal limits of the City of Boynton Beach. ' Four ('4) members of said:Planning and Zoning Board shall constitutz a quorum, in connection with disposition of matters coming before the Board. Vacancies in the membership of said.Board shall be filled by appointment by the City Council. Upon organization, after'appointment, the'members of said Board shall elect a Chairman.and:Vice Chairman for the purpose of orderly conduct of their meetings, with the Vice Chai ian'to act in the'absence of the Chairman. \;.e.r.• Section 4: Authority-to Codify: Specific authorit3r is:hereby granted to codify and incorporate this Ordinance in:the City's existing Code. Section 5: Repealing Provisions: All ordinances or parts of ordinances in conflict herewith are hereby repealed. Section 6: Effective•Date: This Ordinance shall become effective in the manner and at the time provided in the.charter and Ordinances of the City of Boynton Beach, Florida. 44' First reading this5day of January, A. D. 1971. • Second, final 'reading and passage.this clay of->139,-Pyrtat./7, 1971. . CITY OF BOYNTON BEACH, FLORIDA By: Mayor 464.121Cir 71141,-‘ Vice Mayor (4(.- ATTEST: , , r C IZon m7azY City Clerk ouncilman „AY Counei Page 1 of 6 Boynton Beach, FL Code of Ordinances ARTICLE VII. ADMINISTRATIVE AND DECISION MAKING BODIES Sec. 1. General. A. Conflict of Interest. No member of any of these elected or appointed boards established by the City Charter, City Commission, or Code of Ordinances shall have any interest, financial or otherwise, direct or indirect, or engage in any business transaction or professional activities or incur any obligation of any nature which is in conflict with the proper discharge of his/her duties in the public interest. In addition, all members of city boards shall insure compliance with the provisions of City Code of Ordinances Part II, Chapter 2,Article XVI. B. Appeals. See Chapter 1, Article VIII for the procedures to appeal a decision made by any of these elected or appointed members. (Ord. 10-025, passed 12-7-10) Sec. 2. Director of Planning and Zoning. A. General. Pursuant to the Charter of the City,there is hereby created the position of Director of Planning and Zoning. B. Duties and Responsibilities. The duties and responsibilities of the Director of Planning and Zoning shall be: 1. To implement the provisions of the Comprehensive Plan, including the supervision of and participation in specialized planning activities and research that is essential to the preparation of the Plan. 2. To coordinate the above plans with the Planning and Development Board as appropriate. 3. To serve as principal agent of the city in contracted planning activities. This shall include preparation of the scope of work of each contract, as well as supervision of progress once contract is consummated. 4. To act as technical advisor to department heads and similar officials on planning matters. 5. To perform all work as required or directed by the City Manager or designee. (Ord. 10-025, passed 12-7-10) Sec. 3. Planning and Development Board. A. Establishment and Composition. 1. The City of Boynton Beach Planning and Development Board was created and established, http://www.amlegal.com/alpscripts/get-content.aspx 7/28/2011 • Page 2 of 6 consisting of seven (7) regular members and two (2) alternate members appointed by the City Commission. 2. The Mayor and City Commission shall appoint the members of the Planning and Development Board in accordance with the appointment procedures followed by the Commission. The nomination shall be subject to the confirmation of a majority vote of the City Commission. 3. In appointing members to the Planning and Development Board,the City Commission shall give preference,when possible,to urban planners, developers,realtors, and design professionals licensed in the disciplines of architecture, landscape architecture, and civil engineering. 4. Each Board member and alternate member shall meet the minimum qualifications for appointment and membership as outlined in City Code of Ordinances Part II, Chapter 2, Article I, Section 2-16 and Section 2-17 respectively. B. Terms of Membership; Removal; Vacancies. 1. On first appointment to the Board,three (3) members and two (2) alternate members shall each have an initial term of one (1)year. On first appointment to the Board, four (4) members shall have two (2)-year terms. Thereafter,the term of office for each member of the Planning and Development Board shall be two (2)years. Subsequent alternate members shall be appointed for one (1)-year terms. 2. The appointees of the Planning and Development Board shall be members until their term expires. Each member shall remain until his successor is duly appointed and qualified. Any member appointed to serve in lieu of any member on account of death, resignation, removal or disability of such member, shall serve only for the unexpired term of such original member. 3. Should a member of the Planning and Development Board move outside the city limits,the member shall become disqualified, and a new member shall be appointed by the City Commission. 4. Any vacancy shall be filled with an appointment by the City Commission. 5. The City Commission shall appoint two (2) alternate members to serve when members of the Planning and Development Board are absent. The alternates shall reside within the jurisdictional boundaries of the city and all other restrictions set forth herein which pertain to members of the Planning and Development Board shall apply to the alternates. 6. A member of the Board is permitted to have three (3) absences during any one (1)year period. The fourth absence shall result in removal from the Board. C. Selection of Chair and Vice Chair. At the first regular meeting of the Planning and Development Board in January of each year,the Board shall elect a chairperson and vice chairperson from among its members. D. Rules of Procedures. 1. The Planning and Development Board shall meet on the fourth Tuesday of each month unless otherwise rescheduled in connection with holidays,planned absences, or at other such times as the chairperson may determine. The Board shall operate in accordance with Robert's Rules of Procedure as http://www.amlegal.com/alpscripts/get-content.aspx 7/28/2011 Page 3 of 6 amended and clarified from time to time. All meetings of the Board shall be open to the public, and a record of all meetings shall be kept and maintained in accordance with Florida Public Records Laws. 2. On behalf of the Board, the City Clerk shall keep minutes of its proceedings, showing the vote of each member on each question, or if absent or abstaining, indicating such fact. No member shall abstain from voting unless he or she has a conflict of interest pursuant to the provisions contained herein or in accordance with F.S. Chapter 112. The records of the Board shall be filed in the office of the City Clerk and shall be public records. E. Quorum. Four(4) members of the Planning and Development Board who are in attendance shall constitute a quorum for the purpose of convening a meeting and transacting the business at hand. F. Advisory Authority, Functions, Powers, and Duties. The Planning and Development Board shall act in an advisory capacity to the City Commission by conducting investigations and holding public hearings regarding the following: 1. Ordinances,regulations, and other proposals promoting orderly development along lines indicated as desirable by the Comprehensive Plan; 2. Proposed developments and determination of conformance to the principles and requirements of the Comprehensive Plan and Land Development Regulations; 3. Changes or amendments relating to the boundaries of the city, its zoning districts, or future land use map classifications; 4. Changes or amendments to the text of the Comprehensive Plan-or Land Development Regulations; 5. Other duties which may be lawfully assigned to it, or which may have a bearing on the preparation or accomplishment of the plan; 6. Project designs, aesthetics, quality, and impact upon the value of property and the physical environment of the city; and 7. The promotion of sustainable development activities. G. Review of Applications. Staff shall review each of the following types of applications and requests and make a recommendation to the Planning and Development Board, who shall have the authority and duty to hear and make recommendations to the City Commission: 1. Annexation; 2. Comprehensive Plan amendments; 3. Conditional use; 4. Rezoning; 5. Master Plan(new); http://www.amlegal.com/alpscripts/get-content.aspx 7/28/2011 Page 4 of 6 6. Major Master Plan modification; 7. Site Plan; 8. Site Plan time extension; 9. Major Site Plan modification; 10. Vacation and abandonment; 11. Master Site Plan(new); 12. Major Master Site Plan modification; 13. Use approval; 14. Waiver(in PID); 15. Community Design Appeal; 16. Height exception; 17. Variance to Land Development Regulations; and 18. Wireless communication facilities (WCF). H. Action. No action of the Planning and Development Board shall be considered a final action of the city until ratified by the City Commission. The procedure for ratification shall be as,follows: 1. All matters which have been reviewed and acted on by the Board shall be summarized in writing as a proposed development order. The form of the proposed development order shall be approved by the City Attorney. 2. All proposed development orders shall be submitted to the City Commission at a regular City Commission meeting following action by the Board. When a legislative item, such as a land use amendment, is consolidated with a quasi-judicial item, such as a rezoning,both items shall proceed using the quasi-judicial process, but consolidation shall not alter the legal standard for review, or the burden of proof. 3. The City Commission may table a proposed development order to ensure that proper notice and opportunity to be heard is provided to the applicant,the public, and any other interested parties. All documents and evidence that were submitted to the Planning and Development Board constitute part of the record of the proceeding before the City Commission and it is presumed that the City Commission accepted and considered the documents and evidence in its consideration of the issues before the Commission. 4. Following approval of a development order by the City Commission,the City Clerk shall date and sign the development order and issue it as a final order. (Ord. 10-025,passed 12-7-10) http://www.amlegal.com/alpscripts/get-content.aspx 7/28/2011 Page 5 of 6 Sec. 4. Historic Resources Preservation Board. A. Terms and Definitions. See Chapter 1, Article II for all applicable terms and definitions which pertain to the regulations and standards contained herein. B. Establishment, Composition and Terms. The Historic Resources Preservation Board shall consist of seven(7) members and two (2) alternate members who shall be appointed by the City Commission. Members shall reside or have a principal place of business in the city. A minimum of two (2) members shall be chosen from among the disciplines of architecture, history, architectural history, archaeology, landscape architecture or planning. A minimum of three (3) additional members of the Board shall be experienced in the areas of commercial development, real estate, banking or law. The two (2) remaining members shall be citizen members at large. The two (2) alternate members shall be from any of the foregoing professions or citizen members at large. All members shall have demonstrated a special interest, experience or knowledge in historic preservation or closely related disciplines. Members of the Board shall serve three (3)year terms. Of the initial appointments, four (4)members shall be appointed for a term of three (3)years and three (3)members shall be appointed for a term of two (2)years. Alternate members shall be appointed for a term of two (2)years. Vacancies on the Board, including expired terms, shall be filled by persons with the same background as the original appointee, or related field, in order to maintain the desired Board makeup. C. Procedures and Quorum. The Board shall establish rules of procedures, subject to any limitations prescribed by law. Four (4) members shall constitute a quorum for the transaction of business. The Board shall select a chairman and other officers and shall prescribe their duties and powers. Planning and Zoning staff and a City Attorney shall attend all meetings, acting in an advisory capacity and participating fully in Board discussions, but having no right to vote. The Board shall keep minutes of its proceedings, record the vote on each question and keep records of its discussions, recommendations and other official actions. D. Removal. Any member of the Board may be removed pursuant to the procedures outlined in the City Code of Ordinances. E. Powers and Duties of the Board The Board shall have the following powers and duties: 1. To recommend to the City Commission the following: a. Nomination of properties and districts to the National Register of Historic Places, as a required duty of being a certified local government. b. Nominations of properties and districts to the Boynton Beach Register of Historic Places. c. Adoption, modification, or replacement of a Design Guidelines Handbook. 2. To hold public hearings and to approve or deny applications for certificates of appropriateness or certificates of economic hardship affecting proposed or designated properties or properties within districts; http://www.amlegal.com/alpscripts/get-content.aspx 7/28/2011 Page 6 of 6 3. To advise and assist owners of properties on physical and financial aspects of preservation, renovation, rehabilitation and reuse, and on procedures for inclusion in the National Register of Historic Places; 4. To call upon available city staff members as well as other experts for assistance and/or technical advice; 5. To testify before all boards and commissions on any matter affecting historically, culturally and architecturally significant properties; 6. To confer recognition upon the owners of properties and districts by means of certificates, plaques or markers; • 7. To recommend amendments or changes to these Regulations; 8. To inform and educate the citizens of the city concerning the historic, cultural and architectural heritage of the city; and 9. To undertake any other actions or activity necessary or appropriate to the implementation of its powers and duties or to implementation of the purpose of these Regulations. (Ord. 10-025,passed 12-7-10) Sec. 5. City Commission. A. Local Planning Agency. The City Commission is hereby designated as the city's local planning agency to act on behalf of the city under the terms and provisions of the local government Comprehensive Planning Act, having the general responsibility for overseeing a comprehensive planning program and the preparation and amendment of the Comprehensive Plan or elements or portions thereof applicable to the areas under the jurisdiction of the city as provided in said Act. B. Finality and Review. All decisions of the Planning and Development Board shall be advisory to the City Commission. Once final, a decision may be reviewed by the filing of a Petition for Writ of Certiorari in the Circuit Court of the 15th Judicial Circuit in and for Palm Beach County, Florida, and in accordance with the procedure and within the time provided by court rule and such time shall commence to run from the date of the decision sought to be reviewed. (Ord. 10-025, passed 12-7-10) Disclaimer: This Code of Ordinances and/or any other documents that appear on this site may not reflect the most current legislation adopted by the Municipality.American Legal Publishing Corporation provides these documents for informational purposes only.These documents should not be relied upon as the definitive authority for local legislation.Additionally,the formatting and pagination of the posted documents varies from •the formatting and pagination of the official copy.The official printed copy of a Code of Ordinances should be consulted prior to any action being taken. For further information regarding the official version of any of this Code of Ordinances or other documents posted on this site,please contact the Municipality directly or contact American Legal Publishing toll-free at 800-445-5588. ©2011 American Legal Publishing Corporation techsupport(aiamleaal.com 1.800.445.5588. http://www.amlegal.com/alpscripts/get-content.aspx 7/28/2011