O91-73Rev. prior to 2nd Reading -
10/10/91
ORDINANCE NO. 091-7~
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA, CREATING A
NEW PART III OF THE CODE OF ORDINANCES OF THE
CITY OF BOYNTON BEACH, FLORIDA ("CITY CODE")
ENTITLED "LAND DEVELOPMENT REGULATIONS";
CREATING A NEW CHAPTER 4 OF PART III OF THE
CITY CODE ENTITLED "SITE PLAN REVIEW";
DELETING SECTION 7.5-6.1. OF THE CITY CODE
ENTITLED "ALTERNATIVE APPLICATION
PROCEDURES"; AMENDING SECTION 19-15 OF THE
CITY CODE ENTITLED "PAYMENT REQUIRED;
SCHEDULE"; DELETING ARTICLES II, IV, AND V OF
CHAPTER 19 OF THE CITY CODE ENTITLED "SITE
PLAN REVIEW AND APPROVAL", "DOWNTOWN REVIEW
BOARD", AND "CENTRAL BUSINESS DISTRICT
PROJECT REVIEW AND APPROVAL", RESPECTIVELY;
DELETING SECTIONS ll(A) AND (O) OF APPENDIX A
OF THE CITY CODE ENTITLED "SITE PLAN
REQUIREMENTS", AND "RIDER TO SITE PLAN
APPLICATION" RESPECTIVELY; PROVIDING THAT ALL
EXISTING REFERENCES IN THE CITY CODE TO THE
TECHNICAL REVIEW BOARD (TRB) SHALL BE DEEMED
TO REFER TO THE TECHNICAL REVIEW COMMITTEE
(TRC); PROVIDING THAT ALL REFERENCES IN THE
CITY CODE TO THE SITE PLAN REVIEW PROCESS OR
TO SECTIONS 19-17 THROUGH 19-27 OF THE CITY
CODE OR TO SITE DEVELOPMENT PLANS SHALL BE
DEEMED TO REFER TO PART III, CHAPTER 4 OF THE
CITY CODE; PROVIDING FOR CONFLICTS,
SEVERABILITY, AND PROVIDING AN EFFECTIVE
DATE.
WHEREAS, the City Commission of the city of Boynton
Beach has previously directed the Planning Department to update
and clarify the City's land use regulations; and
WHEREAS, the City Planning Department has recommended a
new Chapter for site plan review and approval which was reviewed
and recommended for approval to the City Commission by the
Planning and Zoning Board at their meeting of August 13, 1991;
and;
Beach,
WHEREAS, the City Commission of the
Florida, concurs with the Planning
Planning & Zoning Boards'
chapter for site plan review and
Chapter 4 of the new Part III of
provided.
NOW, THEREFORE, BE
recommendation
approval
the City
City of Boynton
Department and the
to establish a new
to be set forth as
Code as hereinafter
IT ORDAINED BY THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
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existing law; Words in underscore type are additons.
1
Section 1. The foregoing "WHEREAS" clauses are
ratified and confirmed as being true and correct and are
hereby
ihereby made a specific part of this Ordinance.
Section 2. The City Commission of the City of
!IBoynton Beach, Florida, hereby authorizes the creation of a new
Part III of the Code of Ordinances of the City of Boynton Beach,
Florida ("Code") to read as follows:
PART I I I
CODE OF ORDINANCES
LAND DEVELOPMENT REGULATIONS
Section 3. The City Commission of the City of
Boynton Beach, Florida, hereby provides that all references in
the Code to the Technical Review Board (TRB) shall be deemed to
refer to the Technical Review Committee (TRC).
Section 4. The City Commission of the City of
Boynton Beach, Florida, hereby provides that all references in
the Code to the site plan review process or to Sections 19-17
through 19-27 of the Code or to site development plans shall be
deemed to refer to PART III, Chapter 4 of the Code.
Section 5. Section 7.5-6.1 of the Code entitled
"Alternative application procedures." is hereby deleted in its
Section 19-15 of the Code entitled
schedule." is hereby amended to read as
entirety.
Section 6.
"Payment required;
follows:
Sec.
19-15. Pa!~ment required; schedule.
The following fees shall be charged
for certain enumerated land development
activities. No land development activity as
set forth in this section shall be commenced
or shall continue without payment to the city
of the fee set out herein.
Fee
Type of Activity
Site plan ove~ -$~887888~88 -va~ue7 -o~gina~
subm~ssi~n~
For 0 to 2 acres ............... $500.00
For 2 to 5 acres ............... 750.00
For 5+ acres .................. 1,250.00
S~te---pkan---ove~---$~88i888=88---vakue---o~
~onditiona~-use-mino~
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existing law; Words in underscore type are additons.
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mo~{~ca%~on~ .................. ~58v88
S~te-p~an-un~er-$~887088v88-va~ue7-~r~g~na~
Site plan resubmission:
For 0 to 2 acres ................ 250.00
For 2 to 5 acres ................ 350.00
For 5+ acres .................... 750.00
Central business district
project review: ................ $650.00
Va~ue-o~-p~oject-~ess-than
Va~ue-e~-p~eject-grea~er-than
Section 7. Articles II, IV and V, of Chapter 19 of the
Code entitled "SITE PLAN REVIEW AND APPROVAL", "DOWNTOWN REVIEW
BOARD", AND "CENTRAL BUSINESS DISTRICT PROJECT REVIEW AND
APPROVAL", respectively, are hereby deleted in their entirety.
of Appendix A of the
Section 8~ Section ii(A) and (O)
Code are hereby deleted in their entirety.
Section 9. Chapter 4 of Part III
created to read as follows:
Sec. 1.
Sec. 2.
of the Code is hereby
CHAPTER 4
SITE P~AN REVIEW
Purpose
The purpose of this chapter is to PrOvide a procedure to
review new developments, redevelopments and modifica-
tions to existing developments that requires compliance
with the development regulations of the City of Boynton
Beach and promote development that is desirable, innova-
tive, imaginative and compatible with existing develop-
ment in the City.
Applicability
2.1. The following
site plan review as
2.1.1.
work shall be required
required by this Chapter:
All new developments.
to undergo
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existing
Words in struck-through type are deletion from
law; Words in underscore type are additons.
2.1.2. Ail modifications to existing development
that expand floor area, require increased parking,
intensify the use of a structure, or change the
occupancy of a building.
2.1.3. Exterior remodeling, alterations, modifi-
cations.
2.2. The following work shall not be required to
undergo site plan review as required by this chapter:
2.2.1. The construction of a single family home
or a duplex.
2.2.2. Interior renovations except projects as
specified in Section 2. Subsection 2.1.
2.2.3. Installation of fire sprinklers.
2.2.4. Replacement of existing electrical
components.
2.2.5. Installation of fire alarms.
2.2.6. Voluntary life safety responsive projects
when endorsed by the Fire Marshall, Building
Official, and Planning Director.
2.3. Site Plan Review may be waived by the Planning and
Zoning Director or his designee based upon all of the
following:
2.3.1. If the remodeling, alteration, modifica-
tion, development or redevelopment does not change
the preexisting configuration of buildings or site
or reduce emergency vehicle access; and
2.3.2. If there is no change of use which
increases the required number of off-street
parking spaces; and
2.3.3. There is compliance with the development
regulations of the City of Boynton Beach. In the
event a property owner or his agent disputes the
Planning and Zoning Director's determination
regarding compliance, .the work shall be subject to
site plan review.
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existing law; Words in underscore type are additons.
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Sec.
Sec.
2.3.4. Waivers shall be requested by completion
of an application prepared by the Planning and
Zoning Department and payment of a fee established
and adjusted by the City Commission from time to
time.
2.3.5. The Planning Director shall file a
quarterly report on waivers with the City
Commission.
Preapplication Conference
A preapplication conference with the Planning and Zoning
Department is encouraged prior to the preparation and
submission of any site plan required pursuant to this
chapter. The purpose of this conference shall be for
the staff and applicant to discuss overall community
goals, objectives, policies and codes as related to the
proposed development and to discuss site plan review
procedures. Opinions expressed at the pre-application
conference are not binding for formal review purposes.
Site Plan Review
4.1. Any person wishing to develop property within the
City shall submit a site plan review application, an
application fee and proposed site plan and copies as
required by the Planning and Zoning Department. The
purpose of this submission shall be for review of the
basic design quality of the proposed development and to
insure compliance with applicable City codes.
4.2. The Planning and Zoning Department shall be
responsible for the overall coordination and administra-
tion of the site plan review process.
4.3. Within 2 business days (not including the date of
filing) of receiving the plans and application for site
plan review, the Planning and Zoning Department shall
inform the applicant of the completeness of the applica-
tion and either accept the application or reject the
application. Rejected plans and applications shall be
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existing law; Words in underscore type are additons.
5
returned to the applicant with a list of deficiencies in
writing from the Planning and Zoning Department.
4.4. Plans will be distributed within 3 working days of
acceptance to Engineering Department, Fire Department,
Utilities Department, Public Works Department, Building
Department, Police Department, City Forester, and
Planning and Zoning Department for review
comments within 15 days unless otherwise
the Planning and Zoning Director.
The Planning and Zoning Department
ments from these departments to the
and written
requested by
shall forward com-
applicant within 30
days of the acceptance of a site plan and application
for review.
4.5. After forwarding the comments to the applicant, a
technical review committee (TRC) chaired by the Planning
and Zoning Director or his designee and made up of the
following City staff of the Engineering, Parks and
Recreation, Fire, Police, Utilities, Public Works,
Planning and Zoning and Building Departments shall meet
to review comments in order to coordinate the technical
advice and expertise of the members of the committee.
4.6. The applicant shall amend the plans to reflect the
comments made by the various departments. All comments
will be addressed either on the plans or, if not
applicable, in writing by the applicant.
4.7. The applicant shall resubmit the amended plans and
documentation to the Planning and Zoning Department
within 90 days of the receipt of the comments. If
amended plans are not submitted within this time the
application shall become null and void and the applicant
will be required to submit a new application and plans
with a new fee.
4.8. The Planning and Zoning Department shall distrib-
ute the amended plans to Departments identified in 4.4.
Each department shall respond to the Planning and Zoning
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existing law; Words in underscore type are additons.
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Sec.
Department with either a recommendation to approve or
reject the plan within 10 working days.
4.9. The Planning and Zoning Department shall notify
the applicant of the responses by the departments and
shall schedule the site plan for review by the Planning
and Zoning Board at its next available meeting unless
the applicant requests a postponement of the Planning
and Zoning Board review in writing from the Planning and
Zoning Director.
4.10. The Planning and Zoning Board shall recommend to
the City Commission to approve the plan, approve the
plan with conditions, or to deny the plan.
4.11. The Planning and Zoning Department shall forward
the plan and the recommendation of the Planning and
Zoning Board to the City Commission at its next avail-
able meeting. The City Commission shall consider the
recommendation of the reviewing departments, the recom-
mendation of the Planning and Zoning Board and shall
approve the plan, approve the plan with conditions, deny
the plan or defer action on the plan.
Expiration of Site Plan
Upon approval of a site plan by the City Commission, the
applicant shall have one year to secure a building
permit from the Building Department. If an applicant
fails to secure a building permit in that time, all
previous approvals shall become null and void and the
applicant will be required to submit a new site plan and
application provided, however, a clearing permit shall
not constitute a building permit plan for site plan
review purposes. At its discretion, the City Commission
may extend the approval of a site plan for a one-year
period, provided a request for extension is filed prior
to the expiration of the one-year period. In granting
such extensions the City Commission may impose addition-
al conditions to conform the site plan to current
development standards.
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existing law; Words in underscore type are additons.
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!Sec. 6.
Sec. 7.
Notification
When a site plan has been scheduled for review by the
Planning and Zoning Board, the Planning and Zoning
Department shall supply the applicant with a sign or
signs to be posted on the subject property on which the
site plan will be effective with the following informa-
tion:
6.1.
6.2.
Description of proposed use.
Availability of plans for review of interested
citizens within the Planning and Zoning Department.
6.3. Dates and times of the Planning & Zoning Board and
City Commission meetings to review the proposed plan.
Submission Requirements
Each applicant shall submit to the Planning and Zoning
Department the following plans and exhibits in the
number of copies specified by the Planning and Zoning
Department, together with a site plan review application
and a fee adopted by resolution by the City Commission.
7.1. Existing site characteristics map: A recent
certified property survey showing all adjacent streets,
alleys and driveways, and also illustrating:
7.1.1. Existing natural features, including but
7,2°
not limited to lakes, trees
and soils and topography.
7.1.2. Existing buildings,
and other vegetation
building elevations,
other structures, including use, height,
dimensions and setbacks.
7.1.3. Existing utility lines and all easements.
7.1.4. Existing elevations
finished floor
Site development plan:
7.2.1. A scaled drawing
(corner, street and
clearly illustrating
proposed buildings and other structures, and any
existing buildings and structures which are to be
retained, including use, height, dimensions and
setbacks.
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existing law; Words in underscore type are additons.
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7,3.
7.4.
7.5.
7.2.2.
driveways and
dimensions and
and signage.
7.2.3. Proposed fences
location, dimensions,
material.
Proposed off-street parking spaces,
sidewalks, including location,
setbacks, traffic control marking
and walls, including
setbacks, height and
Proposed location of lighting on site.
7.2.4.
7.2.5. Proposed dumpster location.
Landscape plan:
7.3.1. A separate scaled drawing (at the same
scale as the site development plan) prepared as
required by state law clearly illustrating pro-
posed trees, shrubs, grass and other vegetation,
including location, height, size and type of plant
by common and botanical name.
7.3.2. Proposed berms, watercourses and other
topographic features.
7.3.3. A notation on method of
irrigation.
illustrating
elevations,
drawing clearly
floor plan and
exterior dimensions,
exterior
Architectural plan:
7.4.1. A scaled
proposed building
including height,
color and materials.
7.4.2. A colored elevation drawing showing all
elevations of the building. (This submittal can
be waived by the Planning and Zoning Director when
not applicable.)
Tabular Summary Containing:
7.5.1. Total gross project area
square footage and net
acres and square feet.
7.5.2. Total number
by acreage and
land area in
residential
number of
buildable
of proposed
units, including characteristics by
bedrooms and bathrooms and gross square footage of
each typical unit.
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existing
Words in s%ruck-threugh type are deletion from
law; Words in underscore type are additons.
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7,6,
7.5.3. Proposed nonresidential floor area by
type of use and total gross square footage.
7.5.4. Square footage and percentage distribu-
tion of the total project site, including areas
proposed for landscaped open space, vehicular use
areas, other paved areas, and building coverage
and total coverage.
7.5.5. Number and ratio of required and provided
off-street parking spaces and number of loading
spaces.
7.5.6.
7.5.7.
Water bodies in acres and square feet.
Height of buildings.
Drainage Plan:
7.6.1. Drainage plan showing
arrows, pretreatment facilities
and quantity calculations
standards.
Review Standards
The following standards shall
ning and Zoning Department
departments for review and
plans and exhibits.
8.1. Natural Environment:
shall
elevations, flow
and water quality
meeting City drainage
be utilized by the Plan-
and all other applicable
evaluation of all required
Ail proposed developments
be designed to preserve, perpetuate and improve
the existing natural character of the site. Existing
native trees and other landscape features shall, to the
maximum extent possible, be preserved in their natural
state; and additional landscape features shall be
provided to enhance architectural features, to relate
structural design to the site, and to conceal unattrac-
tive uses. In all instances the City's landscaping and
all other applicable regulations shall be fully complied
with as minimum standards.
8.2. Open Space: Adequate landscaped open space shall
be provided which meets the particular needs and demands
of the proposed development. The type and distribution
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existing law; Words in underscore type are additons.
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of all open space shall be determined by the character,
intensity and anticipated residential or user composi-
tion of the proposed development.
8.3. Circulation and Parking: Ail circulation systems
and parking facilities within a proposed development
shall be designed and located in such a manner as to
comply with the following:
8.3.1. A clearly defined vehicular circulation
system shall be provided which allows free move-
ment within the proposed development while dis-
couraging excessive speeds. Vehicular circulation
systems shall be separated as much as practicable
from pedestrian circulation systems.
8.3.2. Access points to peripheral streets shall
be provided which adequately serve the proposed
development and which are compatible and function-
circulation systems outside the develop-
al with
ment.
8.3.3.
Whenever possible in proposed residential
developments, living units should be located on
residential streets or courts which are designed
to discourage non-local through traffic.
8.3.4. Off street parking areas shall be provid-
ed which adequately accommodate maximum vehicle
storage demands for the proposed development and
are located and designed in such a manner so as to
serve the uses in the proposed development and not
create incompatible visual relationships.
8.3.5. Safe and efficient access to all areas of
the proposed development shall be provided for
emergency and service vehicles.
8.3.6. Sidewalks shall be provided as required
by the City regulations.
8.3.7. Conformance with the City and County
Throughfare Plans is required.
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existing law; Words in underscore type are additons.
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8.3.8. Compliance with the Palm Beach Traffic
Performance Ordinance is required. ~
8.4. Community Services: All proposed developments
shall be designed and located in such a manner as to
insure the adequate provision of the
services:
8.4.1. Fire protection
8.4.2. Police protection
8.5. Building and Other Structures:
following community
Ail buildings and
structures proposed to be located within a development
shall be oriented and designed in such a manner as to
enhance, rather than detract from, the overall quality
of the site and its immediate environment. The follow-
ing guidelines shall be followed in the review and
evaluation of all buildings and structures:
8.5.1. Proposed buildings and structures shall
be related harmoniously to the terrain, other
buildings and the surrounding neighborhood, and
shall not create through their location, style,
color or texture incompatible physical or visual
relationships.
8.5.2. All buildings and structures shall be
designed and oriented in a manner insuring maximum
privacy of residential uses and related activities
site being developed and adjacent
both on the
property.
8.5.3. Ail
permanent outdoor identification
features which are intended to call attention to a
proposed development and/or structures shall be
designed and located in such a manner as to be an
integral part of the development.
8.5.4. All buildings and structures shall comply
with the Community Design Plan.
8.6. Concurrency and Level of Service Standards: For
the purpose of the issuance of development orders and
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existing law; Words in underscore type are additons.
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~ec.
permits, the City of Boynton Beach has adopted level of
service standards for public facilities and services
which include roads, sanitary sewer, solid waste,
drainage, potable water, and parks and recreation.
Compliance with levels of service as stated in the
Boynton Beach Comprehensive Plan is required.
Modification of Approved Site Plan
9.1. Minor: A non-impacting modification which will
have no adverse effect on the approved site and develop-
ment plan and no impact upon adjacent and nearby proper-
ties, and no adverse aesthetic impact when viewed from a
public right-of-way as determined by the Planning and
Zoning Director.
9.2. Major: A modification which presents a signifi-
9.3.
tion,
ing:
cant change in intensity of use which, in turn, may have
a significant impact upon facilities, concurrency; upon
nearby and adjacent properties, or upon findings made at
the time of approval of the site and development plan as
determined by the Planning and Zoning Director.
In making a minor/major modification determina-
the Planning Director shall consider the follow-
9.3.1. Does the modification increase the
buildable square footage of the development by
more than 5 percent.
9.3.2. Does the modification reduce the provided
number of parking space below the required number
of parking spaces.
9.3.3. Does the modification cause the develop-
ment to be below the development standards for the
zoning district in which it is located or other
applicable standards in the Code of Ordinances.
9.3.4. Does the modification have an adverse
effect on adjacent or nearby property or reduce
required physical buffers, such as fences, trees,
or hedges.
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existing law; Words in underscore type are additons.
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9.3.5. Does the modification adversely effect
the elevation design of the structure or reduce
the overall design of the structure below the
standards stated in the Community Design Plan.
9.3.6. Does the modified development meet the
concurrency requirements of the Boynton Beach
Comprehensive Plan.
9.3.7. Does the modification alter the site
layout so that the modified site plan does not
resemble the approved site plan.
9.4. When any determination of major/minor modification
made by the Planning and Zoning Director is challenged
or contested by the applicant,
processed as a new site plan
chapter.
the modification shall be
in accordance with this
9.5. Procedure: A site plan modification shall be
processed as follows, pursuant to its categorization:
9.5.1. Minor: Administrative review and action
by the appropriate City departments.
9.5.2. Major: Processing is the same as for the
original site plan.
9.6. Required Information: The following information
must be presented with a request for a site plan modifi-
cation:
9.6.1. Minor: A letter which sets forth the
requested changes along with an exhibit showing
that portion of the site plan which is to be
changed in its present condition and an exhibit
depicting the requested change.
9.6.2. Major: A major modification shall
contain the same information as required for a new
site plan submittal.
9.7. Upon approval of a major site plan modification by
the City Commission, the applicant shall have one year
to secure a building permit from the Building Depart-
ment. If an applicant fails to secure a building permit
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existing law; Words in underscore type are additons.
14
in that time, all previous approvals shall become null
and void and the applicant will be required to resubmit
the plan for site plan review. At its discretion, the
City Commission may extend the approval of a major site
plan modification for a one-year period. Minor modifi-
cations shall not extend the time limits of an approved
site plan.
10.
9.8.
in the CBD Central Business Dis-
The Planning Director shall file a quarterly
report on minor site plan modifications with the City
Commission.
Review of site plans
trict, zoning district or the Community Redevelopment
Agency area.
10.1. For areas zoned CBD Central Business District or
within the Community Redevelopment Agency area of
jurisdiction, all the sections of this chapter shall
apply except that the functions of the Planning and
Zoning Board and the Community Appearance Board shall be
performed by the Community Redevelopment Advisory Board
(CRAB) and the functions of the City Commission shall be
performed by the Community Redevelopment Agency (CRA).
Sec. 11. Maintenance
11.1. Upon the issuance of a certificate of occupancy an
improved site must be
approved site plan.
Section 10. That all
maintained
ordinances
in compliance with the
or parts of ordinances
in conflict herewith be and the same are hereby repealed.
Section 11. Should any section or provision of this
ordinance or portion hereof, any paragraph, sentence, or word be
declared by a court of competent jurisdiction to be invalid, such
decision shall not affect the remainder of this ordinance.
Section 12. Authority is hereby granted to codify said
ordinance.
Section 13. This ordinance shall become effective
immediately upon passage.
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existing law; Words in underscore type are additons.
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FIRST READING this / day of ~7~._ ·
1991.
SECOND,
FINAL READING and PASSAGE this /~ day of
1991.
CITY OF BOYNTON BEACH, FLORIDA
Mayor
ATTEST~
C~y Clerk -
(Corporate Seal)
Vice Mayor
Commissioner
SITEPLAN.ORD
Rev. 9/26/91
Rev. 10/10/91
CODING: Words in s%~uek-%hrough type are deletion from
existing law; Words in underscore type are additons.
16