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LEGAL APPROVAL , or' ---- ,,'- ORDINANCE NO. 82- I (~ AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BOYNTON BEACH, FLORIDA, PROPOS- ING THE ADOPTION BY REFERENDUM VOTE OF THE ELECTORS OF THE CITY OF BOYNTON BEACH BY ORDINANCE OF APPENDIX A "ZONING", SECTION 4 "GENERAL PRO- VISIONS" (F) "HEIGHT LIMITATIONS AND EXCEPTIONS" OF THE ORDINANCES OF THE CITY OF BOYNTON BEACH; PROVIDING AN EFFECTIVE DATE AND FOR OTHER PURPOSES. }r ~. / WHEREAS, Appendix A "Zoning", Section 4 "General Pro- visions" (F) "Height Limitations and Exceptions" of the Code of the City of Boynton Beach presently governs the heights of structures ( within the City of Boynton Beach. ~VHEREAS, it has been proposed that the electors of the City should consider whether they wish to adopt said height limitations by referendum vote. NOW, THEREFORE, BE AND IT IS ORDAINED BY THE CITY COUNCIL OF THE CITY OF BOYNTON BEACH: ( Section 1. The City Council proposes the adoption of Section 4(F) "Height Limitations and Exceptions" to read as follows: 4 F. HEIGHT LIMITATIONS AND EXCEPTIONS 1. No portion of any structure intended to be c: utilized for residential, commercial, or industrial purposes within the municipal \ limits of the City of Boynton Beach, Florida, shall exceed the height of forty- five (45) feet above the final grade level of such structure, except as noted below. ( 2. Water, cooling and fire towers, radio and television towers of commercial nature, (~ church spires, domes, cupolas, flagpoles, electrical and mechanical support systems, and similar structures, and their necessary mechanical appurtenances may be erected within a structure or on top of the structure, above l the district height limitations provided herein, after obtaining approval of the city council based on their consideration of -f I . ( ( ( ( ( ( (/ l , the standards for evaluating exceptions to district height regulations set forth in Paragraph 3 below. 3. In considering an application for exception to the district height regulation, the city council shall make findings indicating the proposed exception has been studied and considered in relation to the following standards, where applicable: a. 1~ether the height exception will have an adverse affect on the existing and proposed land uses. b. Whether the height exception is necessary. c. Whether the height exception will severly reduce light and air in adjacent areas. d. Whether the height exception will be a deterrent to the improvement or develop- ment of adjacent property in accord with existing regulations. Whether the height exception will adversely e. affect property values in adjacent areas. f. Whether the height exception will adversely influence living conditions in the neighbor- hood. g. \~ether the height exception will constitute a grant of a special privilege to an individual owner as contrasted with the h. public welfare. Whether sufficient evidence has been presented to justify the need for a height exception. i. The city council may, in connection with processing of application for exception hereunder, refer same to the planning and zoning board for recommendation. -2- J " /' ~ ( ( ( ( ( (,;' l :.-~ Section 2. That the official ballot title of said referendum as required by Florida Statutes 101.161 (1980) shall read as follows: "Adoption of a 45 foot height limitation throughout City and enumerating exceptions thereto" yes no Section 3. That the official substance of the amend- ment to be placed on the ballot in said referendum as required by Florida Statutes 101.161 (1980) shall read as follows: Adoption of Appendix A "Zoning", Section 4 "General Provisions" (F) "Height Limitations and Exceptions" to provide for a 45 foot height limitation in residential, commercial and industrial zones of the City of Boynton Beach and exception procedures relating to mechanical structures, i.e. elevator shafts, church spires, and air condition- ing units. Section 4. That the City Clerk is hereby instructed to immediately submit a certified copy of this Ordinance to the Supervisor of Elections for Palm Beach County in order that said Referendum may be placed on the ballot for March of this year that the City Clerk is further required to take all actions necessary to see that said Referendum is placed on the ballot at the' time of the municipal election. Section 5. This Ordinance shall becofle effective ten (10) days after said has been passed by a majority of the qualified of the electors of the City voting in the referendum election. Section 6. Should any portion, sentence, paragraph or word of this Ordinance be declared by a court of competent juris- diction to be invalid, said ruling shall not affect the remainder of this Ordinance. - 3- r, ( ( ( ( ( (, l " ,.; FIRST READING this .5'5J day of ~1--':Y!./..UlcU1_' 1982. SECOND and FINAL READING this .2.:1# day 0/ h. , 1982. ATTEST: -~~ City Clerk CITY OF BOYNTON BEACH, FLORIDA -4-