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O91-03 1 2 3 4 5 6 7 8 9 l0 11 14 15 16 17 18 19 20 24 26 2, 2~ 3~ ORDINANCE NO.D91-~ AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, RELATING TO SITE PLAN REVIEW AND APPROVAL; PROVIDING FOR THE CREATION OF A NEW SECTIONS 19-27.1 OF THE CITY CODE RELATING TO COMMISSION ACTION ON SITE PLANS; PROVIDING FOR DOCUMENTATION OF CONDITIONAL APPROVALS OF SITE PLANS; PROVIDING A CONFLICTS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING AUTHORITY TO CODIFY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Boynton Beach, Florida, has determined that the clarification of the procedures which govern site plan approvals would encourage the development of property consistent with public representations made by property owners during the site plan approval process. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA that: Section 1. CHAPTER 19 (PLANNING AND DEVELOPMENT GENERALLY) of the City Code of the City of Boynton Beach, is amended to provide a new Section 19-27.1 COMMISSIONS ACTION., which shall read as follows: Section 19-27.1. COMMISSION ACTION. 1. The City Commission shall, prior to the approval of any site plan or amended site plan, consider the recommendations of the Planning and Zoning Board, the Community Appearance Board, the administrative staff, the technical committee, and, when applicable, the other advisory boards of the City. Additionally, the Commission may consider any additional comments or presentations by the applicant for site plan or amended site plan approval. 2. Following its consideration of the foregoing the Commission shall either: a. Approve the site plan. b. Deny approval of the site plan. conditions. Approve the site plan subject to d. Defer action on the site Plan. 3. In the event the Commission approves a site plan or amended site plan subject to any conditions, the conditions shall be reduced to writing, acknowledged by the applicant in writing, and annexed to the original site plan. Further, the original site plan shall contain a notation which indicates that conditions are applicable and a reference to the date of the Commission meeting when the conditions were Page 1 of 2 1 2 3 4 5 6 7 8 1 2 13 14 15 16 17 210 212 2!6 2i7 218 2~9 310 3i2 announced. No building permit shall be issued for any improvement to the property depicted on the site plan until such time as the Chief Building official determines that the conditions set forth by the Commission have been satisfied or will be satisfied as a natural consequence of the issuance of the building permit. Section 2. That all ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed. Section 3. In the event any portion of this Ordinance is deemed in valid, illegal or unconstitutional by any court of competent jurisdiction, such decision shall in no manner effect the remaining portions or sections of this Ordinance and shall remain in full force and effect. Section 4. Authority is hereby granted to codify said ordinance. Section 5. This ordinance shall become effective immediately upon adoption by second reading. FIRST READING this ~ day of ~n/~F , 1991. SECOND, FINAL READING and this /~ day of ~A/W~/~/q~ , 1991. C BEACH, FLORIDA ATTEST: ( CORPGRATE SEAL) a: ORDINN12 Commissioner Page 2 of 2