O92-10 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
3O
31
32
33
34
35
36
37
38
39
4O
41
42
43
ORDINANCE NO. 092-/~
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA, CREATING A
PLANNING AND DEVELOPMENT BOARD; PROVIDING FOR
MEMBERSHIP QUALIFICATION TO THE BOARD;
PROVIDING FOR PROCEDURES FOR APPOINTMENT OF
MEMBERS, ALTERNATE MEMBERS AND FOR FILLING
VACANCIES OH THE BOARD; PROVIDING FOR
PROCEDURES FOR THE CONDUCT OF THE MEETINGS OF
THE BOARD; PROVIDING FOR JURISDICTION OF THE
BOARD; PROVIDING FOR POWERS OF THE BOARD;
PROVIDING FOR DESIGNATION OF THE BOARD AS THE
LOCAL PLANNING AGENCY; PROVIDING FOR APPEAL
OF BOARD DECISIONS; ABOLISHING THE PLANNING
AND ZONING BOARD; ABOLISHING THE COMMUNITY
APPEARANCE BOARD; PROVIDING FOR CONFLICTS;
PROVIDING FOR SEVERABILITY; PROVIDING FOR
CODIFICATION; AND PROVIDING AN EFFECTIVE
DATE.
WHEREAS, the City Commission of the City of Boynton Beach,
Florida, has determined a more expeditious and efficient
procedure is advisable for processing development and planning
applications through the City Administration and the review and
advisory Boards of the City; and
WHEREAS, the existing current procedures, which require
independent review of development proposals by both the Planning
and Zoning Board and the Community Appearance Board create the
unnecessary duplication of work by the City administrative staff;
and
WHEREAS,
Zoning Board
the consolidation of powers of the Planning and
and the Community Appearance Board would better
serve the public interests by expediting the development review
process and at the same time diminishing the administrative costs
associated with reviewing and processing applications; and
WHEREAS, the City Commission pursuant to the power vested in
it by Section 23 of the City Charter has the power to create and
abolish offices and appoint officers as may in their judgment be
necessary for the government of the City;
CODING:
Words in s~ek-~h~gh type are deletion from
existing law;
Words in underscore type are additions.
Page 1 of 7
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
3O
31
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section 1. Each "WHEREAS" clause set forth above is true
and correct and herein incorporated by this reference.
Section 2. Establishment and Composition.
A. A City of Boynton Beach Planning and Development Board
is hereby created and established, consisting of seven (7)
regular members and two (2) alternate members appointed by the
City Commission of the City of Boynton Beach, Florida.
B. 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.
C. All members of the Planning and Development Board must
be residents of the City of Boynton Beach, Florida.
D. The Commission in appointing members to the Planning
and Development Board shall give preference, when possible, to
design professionals licensed in the disciplines of architecture,
landscape architecture, landscape design, and planning.
Section 3. The Terms of offices; Removal from Office;
Vacancies:
A. 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.
B. The members of the Planning
shall hold office until the first Tuesday
and Development Board
in April of the year
CODING:
Words in s~u~k-~h~sugh type are deletion from
existing law;
Words in underscore type are additions.
Page 2 of 7
3
4
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
such members term expires. Each member shall hold office 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.
C. Should a member of the Planning and Development
Board move outside of the jurisdictional boundaries of the City,
the member shall become disqualified and a new member shall be
appointed by the City Commission.
Any vacancy occurring shall be filled by the City
Commission.
E.
The City Commission shall appoint two (2)
alternates to serve when members of the Planning and Development
Board are absent. The alternate shall reside within the
jurisdictional boundaries of the City of Boynton Beach and all
other restrictions set forth in this Ordinance as to members of
the Planning and Development Board shall apply to the alternates.
Alternate members shall have preference in appointment to
vacancies created by death, resignation, removal, or end of term
of regular members.
F. Three (3) or more unexcused absences by a member
of the Board shall result in the removal by the City Commission.
Such absences shall be presumed unexcused unless determined
otherwise by the City Commission.
4. Election of Chair and Vice Chair, Rules of
Section
Procedure:
A.
At the first
Development Board in April of each year, the Board shall
Chairman and Vice Chairman from among its members.
B. The Planning and Development Board shall
regular intervals to be
regular meeting of the Planning and
elect a
meet at
determined by the City Commission and at
CODING:
Words in s~u~-~h~h type are deletion from
existing law;
Words in underscore type are additions.
Page 3 of 7
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
such other times as the Chairman may determine. The Board shall
operate in accordance with Roberts Rules of Procedure as 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.
C. The Chairperson, or in his or her absence, the
acting Chairperson, may administer oaths and compel the
attendance of witnesses. The Board 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 her or she has a conflict of interest
pursuant to the provisions contained herein or in accordance with
Chapter 112, Florida Statutes. The records of the Board shall be
filed in the office of the City Clerk of the City of Boynton
Beach and shall be public records.
Section 5. Authority, Functions, Powers, and Duty
A. The Planning and Development Board shall have the
authority and duty to consider and recommend upon applications,
as hereinafter set forth, after first considering the
recommendations thereon of the City Planning, Zoning Department,
and after a determination of fact that application will not
generate excessive noise or traffic; tend to create a fire,
disease, or other equally or dangerous hazards; provoke excessive
overcrowding or concentration of people or population; be in
harmony and compatible with the present and future developments
of the area concerned; conserve the value of buildings and
encourage the most appropriate use of land and water; provide
adequate light and air; promote such distribution of population
and such classification of land uses, development and utilization
as will tend to facilitate and provide adequate provisions for
public requirements, including, but not limited to,
CODING:
Words in s~u~-~h~h type are deletion from
eXisting law;
Words in underscore type are additions.
Page 4 of 7
1
2
3
- 4
5
6
7!
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
transportation, water flowage, water supply, drainage,
sanitation, educational opportunities, recreation, soil
fertility, environmental protection, and food supplies; prohibit
wasteful and excessive scattering of population of settlements;
conform to the character of the district and its particular
suitability for particular uses; be consistent with the needs of
the City for land areas for specific purposes to serve population
economic activities; protect the tax base; facilitate and carry
forward the intent and purpose of the City's comprehensive plan;
would not be disruptive to the character of the neighborhood or
adverse
would not be adverse
comfort,
welfare.
B.
to play
convenience,
grounds, parks, schools,
to the promotion of
order, appearance,
and recreation areas;
public health, safety,
prosperity, or general
The Planning and Development Board shall have all
powers heretofore vested in the Planning and Zoning Board and the
Community Appearance Board.
C. The Planning and Development Board shall be responsible
for all duties heretofore carried out by the Planning and Zoning
Board and the Community Appearance Board.
D. All references in the Code of Ordinances of the City of
Boynton Beach to the Planning and Zoning Board or to the
Community Appearance Board shall hereinafter be construed to mean
the Planning and Development Board.
Section 6. Board Designated Statutory Planning Agency.
The Planning and Development Board 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 the conduct
of a comprehensive planning program and the preparation,
supervision, and amendment of the comprehensive plan or elements
CODING:
Words in s~ek-~h~em~h type are deletion from
existing law;
Words in underscore type are additions.
Page 5 of 7
1
2
3
4
5
7~
12
14
16
17
18
20
21
23
24
25
26
27
28
30
31
or portions thereof applicable to the areas under the
jurisdiction of the City as provided in said Act.
Section 7. Review of Board Decisions.
A. All decisions of the Planning and Development Board
shall be advisory to the City Commission. Disposition of an
application or request made through the Planning and Development
Board shall not be deemed final until acted on by 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.
Section 8. Abolishment of Planning and Zoning Board.
A. The Planning and Zoning Board of the City of Boynton
Beach is hereby abolished effective immediately upon adoption of
this Ordinance by second reading.
B. All powers and duties heretofore vested in the Planning
and Zoning Board of the City of Boynton Beach are transferred to
the Planning and Development Board.
Section 9. Abolishment of Community Appearance Board.
A. The Community Appearance Board of the city of Boynton
Beach is hereby abolished effective immediately upon adoption of
this Ordinance by second reading.
B. All powers and duties heretofore vested in the
Community Appearance Board of the City of Boynton Beach are
transferred to the Planning and Development Board.
Section 10. That all ordinances or parts of ordinances in
conflict herewith be and the same are hereby repealed.
Section 11. In the event any portion of this Ordinance is
deemed invalid, illegal or unconstitutional by any court of
CODING:
Words in s~e~-~h~h type are deletion from
existing law;
Words in underscore type are additions.
Page 6 of 7
2
3
5~
lOi
11
17
18
19
20
21
22
23
25
27
28
29
30
31
32
33
~6
37
39
40
41
42
4~
competent jurisdiction,
the remaining portions
remain in full force and effect.
Section 12. Authority is hereby
ordinance.
Section 13. This ordinance shall
such decision shall
or sections of this
in no manner effect
Ordinance and shall
granted to codify said
become effective
i~mediately upon adoption by second reading.
FIRST READING this 7 day of ~/L
SECOND, FINAL READING and PASSAGE this
lA , 1992.
ATTEST:
· '/ CITY C~ERK
(CORPORATE SEAL)
, 1992.
~/ day
of
CI~ T B,OYNTON BEACH, FLORIDA
Comm}~ loner
JAC:aw
[A:bbordldevb~ard.doc]
CODING:
Words in s~ek-%h~e~gh type are deletion from
existing law;
Words in underscore type are additions.
Page 7 of 7