LEGAL APPROVAL
DEPARTMENT OF DEVELOPMENT
PLANNING AND ZONING DIVISION
. Building . Planning & Zoning . Occupational Licenses . Community Redevelopment
October 23
,2002
Mr Benl Kruger
9 NE 16th Street
Delray Beach, Flonda 33444
Re
For
FIle No
LocatIOn
Gateway Texaco
AdmmIstratlve Appeal
FIle No ADAP 02-001
2360 North Federal HIghway
Dear Mr. Kruger:
Enclosed IS the CIty of Boynton Beach Development Order for applIcatIOn Item ADAP
02-001, whIch represents approval for the appeal of admmIstratlve determmatIOn,
therefore allowmg the proposed expansIon of the Gateway Texaco statIOn by no more
than 600 square feet for dry storage of retail merchandIse The CIty CommISSIOn
approved thIS appeal on October 15, 2002
Please contact thIS office at (561) 742-6260 to dISCUSS the process for proceedmg wIth the
deSIred improvements
Smcerely,
[kG
MIchael W Rumpf
DIrector of Plannmg & Zonmg
MRW AD
Attachment: Development Order
S IPlannmgISHAREDIWPIPROJECTSIGaIC\\ay TexacOIApproval !ann letter after CC doc
City of Boynton Beach. 100 East Boynton Beach Blvd., PO. Box 310 . Boynton Beach, Florida 33425-0310
Phone' (561) 742-6260 . www.ci.boynton-beach.fl.us
DEVELOPMb. r ORDER OF THE CITY COMMIS IN OF THE
CITY OF BOYNTON BEACH, FLORIDA
PROJECT NAME GATEWAY TEXACO (ADAP 02-001)
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APPLICANT'S AGENT Beril Kruger
APPLICANT'S ADDRESS 9 NE 16th Street., Delray Beach, FL 33444
DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION September 17, 2002
TYPE OF RELIEF SOUGHT Administrative Appeal
LOCATION OF PROPERTY 2360 North Federal Highway
DRAWING(S) SEE EXHIBIT "A", "B", "C", "0", "E" ATTACHED HERETO
X THIS MATTER came before the City Commission of the City of Boynton Beach, Florida
appearing on the Consent Agenda on the date above The City Commission hereby adopts the
findings and recommendation of the Planning and Development Board, which Board found as follows
OR
THIS MATTER came on to be heard before the City Commission of the City of Boynton
Beach, Florida on the date of hearing stated above. The City Commission having considered the
relief sought by the applicant and heard testimony from the applicant, members of city administrative
staff and the public finds as follows
1 Application for the relief sought was made by the Applicant in a manner consistent with
the requirements of the City's Land Development Regulations
2 The Applicant
k... HAS
HAS NOT
established by substantial competent evidence a basis for the relief requested
3
The conditions for development requested by the Applicant, administrative staff, or
suggested by the public and supported by substantial competent evidence are as set
forth on Exhibit "e" with notation "Included"
4
The Applicant's application for relief is hereby
.K- GRANTED subject to the conditions referenced in paragraph 3 hereof
DENIED
5
This Order shall take effect immediately upon issuance by the City Clerk.
6
All further development on the prope[&,_), be made in accordance with the terms
and conditions of this order ~\\\\\\\ "< NT 0 IIIIII//,
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Revised doc
DEPARTMENT OF DEVELOPMENT
PLANNING AND ZONING DIVISION
EXHIBIT A
. Building . Planning & Zonrng . Occupational Licenses . Community Redevelopment
July 16, 2002
Mr Benl Kruger
Planmng & Zonmg Consultant
9 Northeast 16~h Street
Delray BeJ.ch, FL 33-+-+4
Subject
1) ExpanSIOn of Texaco Gas StatIOn at 2360 N FederJ.I HIg...!-J.way
2) Dnveway ConnectIOn from Texaco StJ.tIOn and Approved Car \Vash Project
Dear Mr Kruger:
The mtent 0 f trus letter IS to clanfy mformatlOn provIded to you m a preVIOUS letter dated June 1-+,
2002 PleJ.se be mformed of the conclUSIOn reached that pursuant to the Land Development
RegulatIOns, Chapter 2, SectIOns "D" and "G", the above-referenced changes are prohibIted due to the
their mvolvement "'lIth a non-conformmg use However, wtth respect to Item #2, the phYSIcal
connectIOn could only occur through a recorded access easement that ""ould connect the car wash
parcel to the northernmost gas statIon dnveway at Federal HIghway Of course this IS contmgent upon
all modIficatIOns to the Texaco SIte being code-compliant. These changes should be processed as a
mmor modIficatIOn request to the eXlstmg SIte plan which IS descnbed by the attached fact sheet.
Please be sure to mclude all sIte/tabular data on the reVIsed plans mcludmg the tabulatIOn of reqUIred
and prOVIded parkmg, and aIsle and parlang space dImenSIOns.
Please be mformed that you may not proceed WIth item #1 due to It mvolvmg the phYSIcal expanSIon
of a non-conformmg use, however, thIS c1anfymg letter should be construed as the final adnurustratIve
deCISIOn to wruch you would file an appeal m accordance WIth the Land Development RegulatIOns,
Chapter 1, Article VII, SectIOn 1. If you stIll deSire to appeal, please provide trus office WIth a reVised
applIcatIOn (letter) for appeal wruch we WIll apply to the same fee, and applIcatIOn file that has been
recently created. If based upon this letter you no longer prefer to file an appeal, please mform me of
same m wntmg so that your applIcatIOn can be closed. Please be remmded of the filmg requirements
to appeal and contact me should you have any questIOns
Smcerely,
7uJL--
MIchael W. Rumpf
Director ofPlanrung and Zonmg
MWR.Jdc
CC Kurt Bressner
Attachment
s. Pl,nnin~'SHARED\W?'COR.'lESP'COrTesp -\ ,hru LK:\Iger Benl Re Teuco St.1110n E.,p.ruion.Joc
City of Boynton Beach. 100 East Boynton Beach Blvd., POBox 310 · Boynton Beach, Florida 33425..Q310
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L COMMERCLU ESTA13LISH?vIENTS E~GAGED G' THE RET:.\lL SALE OF G -\~O I 1'\ E
OR G.-\SOLI"E PRODUCTS
Purpose The purpose of these regulations is to estab lIsh de\ elopment standards for
commercial establ1shments WhICh engage In the sale of gasoline, or other motor fuels These
regulations are Intended to cover bUSinesses of an] type, including com emence stores and
automotive service statIOns The development stand:lrds establIshed by thiS section \\ould o\erla]
the de\ elopment cntena stated III the zonlllg dlstnct In \Y hlch these uses :lre allo\\ ed BUSinesses,
\\ hlch engage In the sale of gasoline or other motor fuels, sh:lll reqLllre conditional use :lppro\:ll
7 DefimtIons For the purpose of this ordinance. the follOWing defimtlons shall appl:,
AnCillary buddzng or stntcture A buIlding or structure inCIdental to, subordIn:lte to and
subservIent to the pnncIpal buIlding or structure located on the premises
AllcllImy use. A use inCIdental to, subordlllate to and subservient to the prIncipal use of the
premIses
Automotive service station. The use of a bLllldlllg or other structure, on a lot or parcel of
land whIch Includes any retaIl sale of gasoline or other motor fuels
Convenzence store. Any place of busmess that IS engaged III the retaIl sale of grocenes,
Inc1udmg the sale of prepared foods, and gasoline and servIces The term "convemence store" does
not Include a store WhICh IS solely or pnmanly a restaurant.
Gasoline dispensing establishments Any commerCIal enterpnse, mc1udmg automotIve
servIce statIOns and convenience stores, wruch engage m the sale of gasoline or other motor fuels to
the publIc.
Grade separated zntersections Use of the term grade separated intersectIOns shall me:ln
any mtersectIon wherein one road passes over another road by means of a bndge or an overpass.
3 Development standards whIch apply to all gasoline dlspenslllg establIshments e\.cept
those descnbed under Subsection 4. of thIS sectIOn below
a. LocatIOn.
(1) All gasoline dISpenSing establ1shments not determined to be anCillary uses as
described m SubsectIOn 4 below, shall be located only at the intersectIOn of any COmbination of the
follo\vmg roads as deSIgnated m the Boynton Beach ComprehenSIve Plan
County artenal,
State artenal,
Local collector, or
County collector
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(2) G,lsoline dIspensmg estJ.bllshment shJ.ll only be locJ.ted J.t J.ny lI1tersectIons
conslstmg of roads offour ~4) lanes or.wIder
(3) The maxImum number of ~asoline dlspensmg establrshments located at any
lI1tersectlon shall be two (2) Gasoline dlspenslI1g establrshments shall only be located at dIagonal
comers 0 f perrTIlssIb Ie mtersectlOns
b MImmum plot SIze thIrty thousand (30,000) square feet
c ;\ImImum street frontage one hundred seventy-five (175) feet on eJ.ch frontage
measured from the mtersectmg nght-of-\vay Imes of the publrc streets
d Dnveways
(I) No dnveway shall be located less than one hundred ten (110) feet ti'om the
lI1tersectmg nght-of-way IIlles of publIc streets
(2) Dnveways shall be a mImmum of thIrty (30) feet and a maXImum of forty-five (45)
feet m WIdth.
(3) Dnveways shall not be located less than thIrty (30) feet from any mtenor property
Ime
(4) Dnveways WIll be lImIted to one (1) per street frontage
e Setbacks Setback reqUIrements shall apply to all structures on the property mc1udmg
the pnmary structure, or any accessory structures such as car v/ashes or above-ground storage
faCIlItIes
(1) Front -- 35 feet.
(2) SIde -- 20 feet.
(3) Rear -- 20 feet.
( 4) Other:
(a) No canopy shall be located less than twenty (20) feet from any property Ime
(b) No gasoline pump Island shall be located less than thIrty (30) feet from any
property Ime
(c) The entrance to a bUlldmg wherein motor vehIcles are washed by mechanIcal
means shall be located a mmImum distance of seventy-five (75) feet from the street lmes to prOVIde
an off-street area of waItmg vehicles. Car washes shall be a permItted accessory use at gasoline
dIspensmg establIshments. Car washes shall.
1. be fully automatIc,
2 recycle all water used m the car washmg process
f Buffers
(1) A ten-foot WIde landscape buffer shall be located along the street frontage ThIS
buffer shall contam one (1) tree ten (10) to fifteen (15) feet m heIght wIth a mmImum three-mch
calrper every forty (40) feet, a continuous hedge twenty- four (24) mches hIgh, twenty- four (24) mches
on center at tIme ofplantmg WIth flowenng groundcover
(2) Intenor property lmes.
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(a) A ten~foot \vlde landscaped buffer shall be located on .lIl mtenor propert~, lines
When the buffer separates the property from a resIdentIally zoned property, the buffer shall contam a
sI\.-foot concrete wall landscaped on the e,<tenor SIde by a contmuous hedge no less th:m thlrt;.-Sl\.
(36) mches hIgh and planted twenty-four (2.:\.) mches on center at time of plantmg; trees ten (II)) to
tifteen (15) feet m heIgbt WIth three-mch caltper e\ ery forty (.:\.0) feet. and groundco\ er \Vhen the
buffer separates the property from other commercIal property, the buffer shall not be reqlllred to
contam a concrete \\ all LandscapIng shall be contmuously maInt:llned
The wall shall be kept m good repaIr and Jppear:mce at all times
2 OpenIngs WIth gates may be allo\\ ed \\ here deemed appropnate by the Clt]
CommISSIOn
g DeSIgn cntena.
(1) All gasoline dlspensmg establIshments located on deSIgnated out-parcels to
shoppIng centers, busmess centers, or other planned commercIal developments shall conform m
deSIgn to the approved deSIgn plan of the pnnclpal center
(2) Gasoline dISpenSIng establIshments shall conform to the commumty deSIgn plan
(3) All gasoline dlspensmg establIshments shall not mstall extenor sIte lIghtIng whIch
exceeds photometnc levels of 60-foot candles average maIntaIned. LIght fixtures must be baffled,
shIelded, screened or recessed to prevent VISIbIlIty of the lIt portIOn of the fixture from off the
premIses.
h. CondItIonal use. Gasoline dISpenSIng establIshments are hereby deSIgnated as a
condItIOnal use as that term is defIned m SectIon 11 2.
1 DIstance separation reqUIrements No gasoline dIspensmg establIshment shall be
located WIthm two hundred (200) lmeal feet from a reSIdentIal stmcture. DIstances for the purpose of
thIS subsectIOn shall be measured from the boundary lIne of the parcel on whIch the gasoline
dISpenSIng establIshment IS located to the closest boundary \vall of the reSIdentIal structure
(4) As to all gasoline dISpenSIng establIshments that are an anCIllary use located or
operated m or from an anCIllary bUIldmg or structure WIthm a parcel of land of not less than ten (10)
acres wIthm a "Planned Commercial DIstnct" (PCD) governed by SectIOn 6 F of the CIty of Boynton
Beach Zomng Code, and WhICh gasoline dispensmg establIshment IS operated by the person(s) or
entlty(s) that operates the pnnclpal use located on such parcel of land, and do not meet all of the
reqUIrements set forth under SubsectIOn 3 , above, the follo\Vlllg shall be applrcable
a. Setbacks Setback reqUIrements shall apply to all stmctures on the portIon of the
property on whIch the gasoline dIspensmg establIshment IS located, IncludIng the pnmary structure
for the gasoline dlspensmg establIshment, or any accessory structures such as above ground storage
fac III tI es.
(1) Front - 35 feet.
(2) SIde - 20 feet.
(3) Rear - 20 feet.
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(-1-) Other'
(a) )[0 can"opy shall be located less then t\\enty (20) feet from an> propert> [me
(b) No gasoline pump Island shall be located less than thIrty (30) feet from an>
property lme
(c) No gasoline pump Island or cmop: shall be located less than two hundred (200)
feet from any publIc nght-of-way
(d) No gasoline dIspensmg establIshment shall be located \v Ithm t\\ 0 hundred
(200) feet from a resIdentIal structure DIstances for the purpose of thIS subsectIon shall be measured
from the closest gasoline pump Island or canopy of the ga~oline dIspensmg establIshment to the
closest boundary wall of the reSIdentIal structure
b Buffers Except for permItted dnveway opemngs, a five (5) foot WIde landscaped
buffer shall be located around that portIOn of the parcel of whIch the ga~oline dIspensmg
establIshment IS located. \Vhen the buffer separates the portIOn of the property on whIch the
gasoline-dIspensmg establIshment IS located from a reSIdentIally zoned property, the buffer shall
contam a SIX (6) foot hIgh concrete walllandsc:1ped on the extenor SIde by a contmuous hedge no less
than thIrtY-SIX (36) mches hIgh and planted t\venty-four (24) mches on center at the tIme ofplantmg;
trees ten (10) to fifteen (15) feet m heIght WIth three-mch calIper every forty (40) feet, and
groundcover When the buffer separates the portIOn of the property on WhICh the gasoline dIspensmg
establIshment IS located from other commerCIal property, the buffer shall not be reqUIred to contam a
concrete wall Landscapmg shall be contmuously mamtamed.
(1) The wall shall be kept m good repair and appearance at all tImes
(2) Operungs WIth gates may be allowed where deemed appropnate by the CIty
CommISSIon.
c. DeSIgn cntena.
(1) All gasoline dIspensmg establIshments under thIS SectIOn 4. shall conform to the
commumty deSIgn plan.
(2) No gasoline dlspensmg establIshments under thIS SectIOn 4 shall be permItted to
advertIse product pncmg on the SIte sign Idenufymg the pnmary tenant or occupant.
(3) All gasoline dIspensmg establIshments under thIS SectIon -1- shall not mstall
extenor SIte lIghtmg which exceeds photometnc levels of 60-foot candles average mamtamed LIght
fixtures must be baffled, shIelded, screened, or recessed to prevent vlSlbrllty of the lIt portIon of the
fixture from off the premIses
d. ConditIonal use Gasoline dIspensmg establIshments defined as anCIllary to a pnncIpal
tenant of a planned commerCIal district are hereby designated as a conditIOnal use as that term IS
defined m SectIOn 11.2.
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;\;ONCOi\'FOR.vfI);G USES OF STRUCTl RES
EXHIBIT C
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1 The nonconforming use of a buIldIng or other structure may be e'(tended throughout cln~
part of the budding or structure \\ htch was cleJrly deSigned and Intended for such use at the d:.lte ot
the effectIve adoptIon oramendment of these regulatIons l\n; nonconforming use \\ hlch occupIes J
portion of a blllldmg or other structure not ongmally deSIgned or Intended for such use shall not be
e'\tended to any other part of the buddmg or structure No nonconformmg use may be e'\tended to
occupy any land outSIde the bUlldIng or structure. nor any addItIonal buddmg or stnlCture on the same
plat, whIch was not used for such nonconformmg use at the effectl\ e date of the adoptIon or
amendment of these regulatlOns
2 No structure used for a nonconforImng use shall be enlarged, e'(tended. reconstructed or
structurally altered, unless the use IS changed to one \\hlch complIes With the prOVISIons of thiS
chapter [ordinance] However, ordinary repaIrs, mamtenance and Impro\ ements, such as plumbmg
or wmng, replacement of nonbeanng walls, fixtures or other Intenor alteratlOns, shall be permitted
each year m an amount not to exceed twenty-five (25) percent of the assessed value of the buddmg or
structure for that year as determined by the Palm Beach County Property Appraiser. subject to the
provIslOns of the preceding paragraph and prOVided such work does not mcrease the cubiC volume of
the structure, the floor area devoted to the nonconforming use or the number of dwellIng umts
Nothmg m these regulatlOns shall prevent compliance WIth applIcable laws or ordmances relatI\ e to
the safety and samtatIOn of a bUlldmg occupIed by nonconformmg use
E NONCONFORlVllNG STRUCTURES The lawful eXistence of a structure or buddmg at the
effectIve date of the adoptIOn or amendment to these regulatIOns, although such structure or bUlldmg
does not conform to the bUIldmg and SIte regulatIons of these regulatIOns for mInImUm lot area and
dimenslOns, mmImum yard setback reqUIrements, maXImum bUIldmg heIght, total floor area
reqUlrements, or other charactenstics of the structure, or ItS locatIOn on the lot, may be contmued so
long as It remams otherwIse lawful. A nonconformmg structure or bUlldmg (as opposed to a structure
or bUlldmg used for a nonconformmg use) may be mamtamed and repaired, but It shall not be added
to or altered In a fashIOn so as to mcrease the extent to whIch the struchlre or bUlldmg IS m vlOlatlOn
of applIcable regulatlOns A nonconformmg structure or buddmg may be added or altered If such
alteration or addItlOn does not m Itself constItute a further vIOlatlOn of eXIstmg regulatlOns
F RECONSTRUCTION OR REMOVAL. If any structure IS destroyed to such an extent that
the cost of rebUIldmg, repaIr and reconstructlOn WIll exceed seventy (70) percent of ItS current
assessed valuatIOn as determmed by the Palm Beach County Property Appraiser, or for any reason
IS moved any dIstance, It shall not agam be used or reconstructed except m conformity With the
prOVISions of these Land Development RegulatlOns
G CONTINlJANCE, DISCONT~uANCE OR CHANGE OF NONCONFORtvfNG USE
1 A nonconformmg use of land or structure shall not be changed to any other use except one
WhICh would be permItted as a conformmg use m the dIstnct m whIch the land or bUlldmg IS located
However, no change shall be reqUIred m the plans, constructIOn, or deSIgned use of any structure for
WhICh a bUlldmg permIt was lawfully Issued pursuant to Chapter 20 of the Land Development
Regulations, and upon whIch constructIOn has actually begun prIor to the effective date of the
adoptlOn or amendment 0 f these regulatIOns
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I .A..ny part of a s~ructure or ~and occupled b; a nonconformIng use \\ hlCh is ch.:mgeJ to or
occupied by a confonl1lng u-se shall not thereafter be used or occupied by a nonconformIng use
3 If for any reason a nonconformIng Llse of land, structure or any part thereof ceases or lS
discontInued for a penod of more than SIX (6) consecutive months. e\:cept \\ hen gOy emmenr actIon
Impedes access thereto, the land shall not thereafter be used for a nonconformIng use
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EXHIBIT 0
July 31, 2002
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Mr Michael W Rumpf, Director
Planning and Zoning Department
City of Boynton Beach
100 East Boynton Beach Blvd
POBox 310
Boynton Beach, FL 33425-0310
RE ExpanSion of Texaco Gas Station at 2360 I'J Federal Highway
Dear Mr Rumpf
Please let this letter serve as a request to appeal your decIsions to the Clt'l
Commission regarding an addition at Gateway Texaco, 2360 N Federal Highway
A ExpanSion of the Texaco Convenience Store (with Fuel Pumps) for dry storage,
The expansion of the convenience store (by an addition to rear of 600 sq ft)
for drv storaqe onlv does not Increase the non-conformity of the eXisting
facility and or ItS current use. The sale of gasoline (non-conforming use
according to the Boynton Beach Zoning Code) at this location will not be
increased Many people shop at this convenience store that do not purchase
gasoline. We are ready to show the difference In sales between the
customers just purchasing gas, just purchasing groceries and purchasing gas
and groceries
The closest grocery store to this location IS the Winn DIxIe at Hypoluxo Road and
U S Highway 1. which is over a mile away ThiS convenience store IS located
Within a short distance to numerous residential subdiVisions along the east and west
side of N Federal Highway between the C-15 Canal and Hypoluxo Road The
location of thiS convenience store makes It very convenient for these people to shop
at this store who do not need gasoline. Many people just shop in thiS store to
purchase milk, cigarettes, soda, and other products where If thiS convenience store
were not here, they would have to drive up to Hypoluxo Road to the Winn DIXie,
uSing unnecessary gas, putting additional traffic on the roads, and polluting the air
needlessly Many people living In this area come to the convenience store by bicycle
It would be dOing a disserVice not to allow the addition on the rear of thiS building for
dry storage only
Building an addition on the rear of the convenience store Just for dry storage IS not
only a necessity for Mr Marouf, but It may pOSSibly cause him to go out of bUSiness
If It IS not allowed Mr. Marouf had purchased a trailer, which IS parked adjacent to
9 northeast 16th street" delray beach. florida 33444
(561) 265-4983 .. fax (561) 265-4611 .. e-mail bkruger@belfsouth net
rezoning
concurrency
conditional
use,
special
exceptions,
ORe approval
site plans
annexations
camp plan
amendments,
variances
(county, state,
municipal)
abandonments
palm beach
broward
dade &
all counties
& cities
in florida
"
M,r Michael W Rumpf, Director
page 2
J'_i'! 31 2'JC2
the parking area south of the building The only purpose for this trailer IS to store
sodas (An eXisting Code Enforcement Violation described below) There IS not
enough room In the'buildlng to store the soda and that IS the reason the addition IS
being requested Without this additional square footage to store soda, a large part
of the business will be lost Gas sales may not be discontinued but the convenience
store may be forced to cease operation
Along With the addition for storage on the rear of the convenience store, Mr I'vlarouf
will be renovating the exterior of the building to better fit In With the character of the
residential neighborhoods surrounding this property Our Architect IS currently
working on the elevations for the building
VIOLA TION:
Mr Marouf currently has a Violation before the Code Enforcement Board, Case# 1-
1450, Notice Date June 18, 2001, With a running fine The Violation IS for PT-
LOR CH2 SEC 6 C 6 C-3 / EXTERIOR DISPLAY / STORAGE; "STORAGE OF
MERCHANDISE IN THE TRAILER IS NOT PERMITTED" "TRAILER MUST BE
REMOVED" The trailer is being used to store soda It IS not plugged In to
electricity nor does It have an operating refrigeration unit.
The enclosed site plan illustrates where the addition will be located and how the
additional parking spaces will be laid out Therefore, the Texaco Convenience Store
will not lose parking spaces but gain spaces With the addition for dry storage on the
rear of the building
The only other alternative to allow the expansion of the convenience store for dry
storage and change the convenience store With gas sales to conforming would be to
change the Zoning Code to allow gasoline sales on intersections With other than Just
four (4) lanes In both directions. We do not want to do this because of the
ramifications to the entire city by allowing of all of the other gasoline selling
establishments to become conforming.
By allowing the convenience store to expand for dry storage only will not Increase
gas sales and therefore will not Increase the non conformity of this use.
slnCerelY~
,3~4
Ben! K'Wger
~
/
SENT BY FACSIMILE AND U.S. MAIL
Rcforence
P-lg:: l0f-1-
Boynton Beach, FL Code of Ordinances
PART III LAND DEVELOPMENT REGULATIONS'"
CHAPTER 1.5 PLANNING AND DEVELOPMENT GENERALLY
EXHIBIT E
Sec. 2.1 Quasi-Judicial Authority, functions. powers and duties.
A The CR.:\. board shall have the authonty and duty to hear and decIde, In a quasI-JudIcIal
capacity, admmIstratl\ e appeals, speCIal exceptIons and \ ariances
B Admmlstratl\ e appeals The board has the authonty to hear and decIde appeals vI; hen It IS
alleged that there IS error In any order, reqUIrement, deCISIon or detem1matlon made by an
adminIstratIve offiCIal In the enforcement of any ZOnIng ordinance or regulatIon adopted pursuant to
the sectIon.
C SpeCIal exceptIOns The board has the authonty and duty to hear and deCIde requests for
speCIal exceptIOns To deCIde such questIons as are mvolved m the determmatlOn of when such
speCIal exceptIOns should be granted. To grant speCIal exceptIOns WIth appropnate condItIOns and
safeguards or to deny such speCIal exceptIOns \\< hen not In harmony wIth the purpose and mtent of
thIS sectIOn. The followmg standards apply to the board power to grant speCIal exceptIOns
1 The board shall find that m grantmg the speCIal exceptIOn, the publIc mterest WIll not be
adversely affected.
2 The board may prescribe appropnate condItIOns and safeguards III conformIty WIth thIS
chapter VIolatIOn of such COnditIOnS and safeguards, when made part of the terms under whIch the
speCIal exceptIOn IS granted, shall constitute grounds for the revocatIOn of the speCIal exceptIon and
the certIficate of occupancy or occupatIOnal lIcense assocIated thereWIth.
3 The board may prescnbe a reasonable time lImIt wIthm whIch the actIon for \vhIch the
speCIal exceptIOn IS reqUIred shall begm or be completed, or both.
D Variances The board has the authonty and duty to authonze upon appeal such variance
from the teams of a CIty ordmance as wIll not be contrary to the publIc mterest when, owmg to speCIal
condItIOns, a lIteral enforcement of the prOVISIOns of the cIty ordmance \vould result m unnecessary
and undue hardshIp
In order to authonze any variance from the terms of an ordmance, the board must find
a. That speCIal condItIOns and cIrcumstances eXIst whIch are peculIar to the land,
stnlcture or buIldmg Illvolved, and whIch are not applIcable to other lands. structures or bUIldings In
the same zonmg dlstnct
b That speCIal conditIOns and cIrcumstances do not result from the actIOns of the
applIcant for the variance.
c That grantmg tpe "ariance requested WIll not confer on the applIcant any speCIal
pnvIlege that IS denIed by thIS sectIOn to other lands, structures or buIldmgs m the same zorung
dlstnct.
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d. That lIteral mterpretatIOns of the provIsIons of the ordmance \vould deprIve the
applIcant of rIghts commoniy erlJoyed by other propertIes m the same. zomng dIstnct under the terms
of the ordmance and would work unnecessary and undue hardshIp on the applIcant
e That the," '1riance granted IS the mImmum \ ariance that wIll make pOSSIble reasonable
use 0 f the land, structure or buIldmg
f That the grant of the" ariance will be m harmony wIth the general Intent and purpose
of thIS chapter and that such \ ariance wIll not be InJunous to the area Involved or be otherWIse
detrImental to the publIC welfare
g For vari<lnces to mmImum lot area or lot trontage reqUIrements, that property IS not
aVailable from adjacent propertIes m order to meet these reqUIrements, or that the acqUISItIOn of such
property would cause the adjacent property or structures to become nonconformmg. The applIcant for
such varinnces shall prOVIde an affidaVIt with the applIcatIOn for variance statmg that the above
mentIOned condItIOns eXIst WIth respect to the acqUISItIOn of addItIOnal property
2 In grantmg a '" ariance
a. The board may prescnbe approprIate condItIOns and safeguards m conformIty WIth thIS
sectIOn. VIOlatIOns of such condItions and safeguards, when made a part of the terms under WhICh the
variance IS granted, shall be deemed a VIolatIOn of thIS sectIOn.
b. The board may prescribe a reasonable time lImIt wIthm whIch the actIOn for whIch the
"ariance IS reqUIred shall begm, be completed, or both.
c. Where variances of lot area and maXImum densitIes are requested, and such variance,
If granted, would cause the denSIty to exceed the denSIty shown on the future land use map of the
city's comprehensive plan, the denSIty created shall be construed to be m conformance WIth the
comprehensIve plan If the board finds that the" ariance meets the condItions set forth m thIS sectIOn
for grantmg the same, and the variance would only allow for the constructIOn of a smgle-famIly
detached dwellmg.
Lt E.
"
Procedures for variances, speCIal exceptions and appeals of admmIstratIve actIOns
1 ExceptIOns. Under no CIrcumstances except as permItted above shall the board grant a
vnriance to permIt a use not generally or by speCIal exceptIOn permItted m the zOllIng dIstnct
mvolved or any use expressly or by ImplIcatIOn prohIbIted m the applIcable zonmg dIstnct. No
nonconformmg use of neIghbonng lands, structures or bUIldmgs mother zonmg dIstncts shall be
conSIdered grounds for the authonzatIOn of a," ariance
2. ReVIew of admmistratlVe orders In exercIsmg ItS powers, the board may, upon appeal
and m conformIty with the prOVIsions of thIS sectIOn, reverse or affirm, wholly or partly, or may
modIfy the order, reqUIrement, declSlon or determmatIOn made by an admmIstratIve offiCIal m the
enforcement of any zOlling ordmance or regulatIOn adopted pursuant to thIS sectIOn and may make
any necessary order, requirement, deCISIon or determinatIOn, and to that end shall have the powers of
the officer from whom the appeal is taken. A majorIty vote shall be necessary to reverse an order,
requirement, deCISIon or determmatIOn of any such admIllistratIve offiCIal or to deCIde m favor of the
applIcant on any matter upon WhICh the board IS reqUIred to pass under thIS sectIOn.
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3 Appeals from decIslOn of admmIstratIve officIal Appeals to the board may be taken by
any person aggneved or affected by any decIsIon of an admInIstratIve offiCIal mterpretIng any zonmg
ordInance Such appeal shall be taken WIthIn thIrty (30) days after rendItIOn of the order, reqUIrement,
decIslOn, or determInation appealed from by filIng WIth the officer from whom the appeal IS taken
and WIth the board, a noqce of appeal specIfymg the grounds thereof
4 Stay of work and proceedIng on appeals An appeal to the board stays all work on the
premIses and all proceedIngs m furtherance of the actlOn appealed from, unless the official from
whom the appeal IS taken shall certIfy to the board that, by reason of facts stated m the certIficate, a
stay would cause Imrmnent penl of lIfe or property In such case, proceedIngs or \vork shall not be
stayed except by a restrammg order whIch may be granted by the board, or by a court of record on the
applIcatIOn, on notIce to the officer from whom the appeal IS taken and on due cause shown.
5 Heanng of appeals The board shall fix a reasonable tIme for the heanng of the appeal,
gIve the publIC notIce thereof, as well as due notIce to the partIes m mterest, and deCIde the same
wIthm a reasonable tIme. Upon the heanng, any person may appear m person, by agent or attorney
ApplIcants shall be reqUIred to file a proper form (supplIed by staff), a current certIfied survey
accompanied by a fee as adopted by resolutIOn of the CIty CommIssIOn. For procedural purposes, an
applIcatIOn for a specIal exceptIOn shall be handled by the board as for appeals.
6 ReVIew of deCIsions of the Board. Any person may appeal variance, specIal exceptIOn, or
appeal of admmIstratIve order to the CIty CommIssIOn of the CIty of Boynton Beach wIthm twenty
(20) days after rendItIOn of the decIsion by the CRA board. The deCISIOn of the CIty CommISSIOn
shall be deemed final subject only to reVIew by \vnt of certIOran to the Palm Beach County CIrCUIt
Court.
7. Withdrawal or denial of applIcatIOn.
a. Upon the derual of an applIcatIOn for relIef hereunder, m whole or m part, a penod of
one (1) year must elapse pnor to the filmg of a subsequent applIcatIOn affectmg the same property or
any portIOn thereof
b Upon the WIthdrawal of an application, in whole or m part, a penod of SIX (6) months
must run prior to the filmg of a subsequent applicatIOn affectmg the same property or any portIon
thereof, unless the deCIsion of the board IS WIthout prejUdICe; and prOVIded that the penod of
lImItatIOn shall be mcreased to a two (2) year waItmg penod in the event such an applicatlOn, in
whole or m part, has been twIce or more denied or withdrawn.
c An applIcatIOn may be WIthdrawn WIthout prejudIce by the applIcant as a matter of
nght, prOVIded the request for WIthdrawal IS m wntmg and executed m a manner and on a form
prescnbed by the board and filed WIth the board at least one (1) week pnor to any scheduled heanng
scheduled before the board concerrung the applIcatIOn, otherwIse, all such requests for WIthdrawal
shall be WIth prejUdICe No applIcatIOn may be WIthdrawn after action has been taken by the board.
When an applIcatIOn IS WIthdrawn WIthout preJudIce, the time lImItatIOns for re-applicatIOn prOVIded
herein shall not apply.
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F Advertlsmg requirements Required advertIsements for the appl1cant's request must appear
In newspaper of general cIrculatIOn In the City of Boynton Beach, at least fifteen (15) days pnor to
the scheduled CRA board --meetmg. All requIred notices to surroundIng property owners must be
postmarked no later than fifteen (15) days pnor to that scheduled pub hc heanng.
(Ord. No 00-70, S 2, 12-19-00)
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