Minutes 02-27-90MINUTES OF THE CITY COMMISSION WORKSHOP MEETING HELD IN
COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA
TUESDAY, FEBRUARY 27, 1990 AT 6:00 P. M.
PRESENT
Gene Moore, Mayor
Robert Olenik, Jr., Vice Mayor
Lillian Artis, Commissioner
Arline Weiner, Commissioner
Lee Wische, Commissioner
J. Scott Miller,
City Manager
Sue Kruse,
Deputy City Clerk
Mayor Moore called the meeting to order at 6:25 P. M.
VELODROME
City Manager Miller confirmed Mayor Moore's announcement
that this matter had been withdrawn. He explained the man
who was to give the presentation was out of town due to an
emergency and asked that it be removed from tonight's agenda.
CAPITAL IMPROVEMENTS PROGRAM
Financial Report
City Manager Miller referred to memorandum No. 90-018
from Grady Swann, Finance Director, which was addressed to
him. On attachment I, page 1, there were three funds the
City has been working out of. City Manager Miller drew
attention to the Building Improvement Fund (304) and the
$6,267,600.91 that was the General Obligation Bond Issue in
1985. He noted the expenditures and transfers in and out
of the fund, which were shown on the page.
City Manager Miller asked the Commission to turn to page 2
and said the dollar amount the City had as of the end of
January, 1990 was $599,495.56. He called attention to the
encumbrances the City has. They were not appropriated in
the fund but had been encumbered. If they apply the
encumbrances to the balance the City has as of the end of
January, City Manager Miller told the Commission they would
find they are in the red $764,616.33 in this fund.
In answer to the question of why they are in the red in this
fund, City Manager Miller explained that when the capital
improvements program was developed, there were anticipated
revenues totaling $12,953,748 for Fund 304. Over the years
some of the revenues did not come in, to the extent they
were appropriated to come in afterwards. That ended up in
a shortfall of 2.5 million dollars. Out of the areas where
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MINUTES - CITY COMMISSION WORKSHOP MEETING
BOYNTON BEACH, FLORIDA
FEBRUARY 27, 1990
the City anticipated it would receive dollars, only 10.8
million was received.
City Manager Miller explained the funds to transfer from
were dry. In one instance, the Police Forfeiture Account of
$312,500 was deemed to be an inappropriate appropriation
pursuant to Florida Statutes relative to forfeiture. City
Manager Miller advised you cannot utilize Police forfeiture
dollars on furniture and construction money for buildings.
Also, the appropriations that were developed for the
Building Improvement Fund actually totaled $12,953,748.
However, over the years, due to change orders and additions
to the contract price, the price has exceeded that amount.
That is one of the primary reasons Fund 304 is in the red.
Vice Mayor Olenik recalled that some of the offices in the
Police Department got upgraded furniture because some of it
was paid from the Police Forfeiture Account. City Manager
Miller responded the Statute is very clear. The dollars can
be used for enhancing Police Department operations through
specialized types of equipment, but it cannot be for general
operating. It can be used to implement new programs. City
Manager Miller further explained and said he has received
several Attorneys' opinions over the years relative to the
use of those dollars. He told Vice Mayor Olenik a further
breakdown will be done on this, and they will be more speci-
fic relative to where they will go on some of the contracts.
City Manager Miller said the City was utilizing the sheet
showing what was originally appropriated years ago as a
guide. The revenues did not come in and what was appropri-
ated was far exceeded. When they add the two together,
City Manager Miller said they will probably be looking at a
$3,500,000 difference.
Mayor Moore asked whether the City has a "handle" on the
construction. He asked if $485,000 overrun to date on the
bid price was a handle. City Manager Miller answered that
it would be a handle. Mayor Moore added it would be plus
extras, change orders, etc. City Manager Miller replied
that was correct and added it would also include engineering.
City Manager Miller again referred to Attachment 1 - Page 1
and called attention to the revenues that came into the
Operating Capital Improvements Fund (302). $3,121,647.70
was the bond for the Shooter's parcel. City Manager Miller
noted the expenditures and referred to page 2 of the Attach-
ment. The revenues of $725,000 represented interest income.
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MINUTES - CITY COMMISSION WORKSHOP MEETING
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FEBRUARY 27, 1990
City Manager Miller then drew attention to the "Public Srv.
Tax Const. Fund (301) on page 1 of the Attachment. He went
back to 1984-85 where there was a revenue figure of
$7,040,367.67, which was the first bond issue. However,
a transfer of $6,882,448.71 was transferred to Fund 304.
The City's Public Service bond issue for the parks came
about in 1986. City Manager Miller went over the revenues
and expenditures in the account and said the transfer out of
$2,381,194.23 went into the Building Improvement Fund (304).
As of the end of January, the balance was $7,640,252.17.
If they take away the projects out to bid, the retainage to
Seppalo & Aho for the west wing, it gives a bottom line
figure of $3,534,219 without the multi-purpose recreation
center. If the City does the multi-purpose recreation
center, they are talking about $4,610,000.
Vice Mayor Olenik asked how he arrived at $4,610,000. City
Manager Miller answered that has been the number that has
been utilized. After discussion, Mr. Frederick confirmed
that the cost estimates they received were higher than this.
City Manager Miller clarified that $4,610,000 was the
bottom line. He did not think $4,610,000 would cover the
project they wanted to build today. They would have to add
an inflation factor of maybe 12% or 15%. Mayor Moore asked
whether the taking for extra parking was included in the
figure. City Manager Miller answered that it was not.
City Manager Miller advised that the funds cannot remain in
the red. The City cannot get involved in deficit spending.
The total funds together, to do a full fund recapitulation,
would take $3,534,219 balance in Fund 301. In Fund 304,
there is the $764,616.33 deficit the City has to clear.
Commissioner Wische recalled when they were discussing the
multi-purpose building several months ago, his figures showed
the City would be $1,500,000 in the hole. Commissioner
Weiner wanted background history on the bond issue vote.
which she thought came up on a referendum in 1986.
Mr. Swann advised there was no referendum in the 1986 bond
issue. That was a public service tax revenue bond issue
which did not go to referendum.
City Manager Miller said the City checked into the utiliza-
tion of dollars under the public service tax construction.
See "Addendum A" attached to the original copy of these
minutes in the Office of the City Clerk. City Manager
Miller read item "(h)" from "Addendum A", and Vice Mayor
Olenik read item "(a)". Since it was in the covenants that
the Civic Center would be constructed on South Congress
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MINUTES - CITY COMMISSION WORKSHOP MEETING
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FEBRUARY 27, 1990
Avenue, Vice Mayor Olenik questioned whether the City would
be prohibited from using the money to build the Civic Center
downtown. Mr. Swann also referred to item (h).
Mayor Moore commented the City does not have the money to
"cut the deal that was envisioned." If they did not do the
multi-purpose Civic Center and took care of the building
improvement fund deficit of Fund 304, City Manager Miller
stated they would have approximately 2.9 million dollars
slack available for other types of projects. He did not
have any major project to recommend to the Commission except
the appropriation of $300,000 to finish up the City Hall
capital improvements project by doing something to the
Building Department. City Manager Miller commented the
Building Department is almost a disgrace when you compare it
to some of the other facilities the City has upgraded over
the years. Vice Mayor Olenik recalled the first floor of
the Building Department was never in this project. There
were further comments.
Mayor Moore asked if there was a recommendation to complete
that phase of the project. It was decided this should be
on the next agenda. At some meeting in the future, Vice
Mayor Olenik wanted to look at what capital improvements
the City has on its wish list in the Capital Improvements
Element of the Comprehensive Plan so they could do a
prioritization of that.
Commissioner Weiner wanted to know what the City's legal
position was with regard to the multi-purpose facility.
Vice Mayor Olenik advised it was not on a referendum. With
reference to the Civic Center, City Manager Miller pointed
out that to date, the City has spent in the neighborhood of
$360,000 for the plans. At this time, with simple upgrading
to the Building Codes and today's standards relative to
handicapped Area 3, the City could go out to bid on it. Due
to the Tradewinds situation and the City's financial situa-
tion, City Manager Miller said the City does not have an
absolute on the validation process on the $8,000,000 judg-
ment bond. He recommended that the Commission wait six
months before addressing the Civic Center so he can get a
handle entirely on the financial situation. Vice Mayor
Olenik thought they should review the Civic Center with all
of the other capital projects, so they could see all of the
other projects in perspective before making that decision.
Discussion ensued about other projects.
City Manager Miller responded that he has a set of goals and
objectives he will be putting before the Commission for
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MINUTES - CITY COMMISSION WORKSHOP MEETING
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FEBRUARY 27, 1990
their review the second week in March, and he wanted to come
back the following week with some capital projects because
he thought those would dovetail together.
Replying to Commissioner Weiner's concern about the
legality, Mr. Swann stated he checked into it. Because the
projects in the bond issue do not generate revenue that was
pledged for that bond issue, the Commission has the option
to make that type of._change.
Chapter 19, PLANNING AND DEVELOPMENT, of the City of
Boynton Beach Code of Ordinances
Mayor Moore announced this was not a public hearing. City
Manager Miller called attention to his Memo No. 90-069.
(See "Addendum B, attached to the original copy of these
minutes in the Office of the City Clerk.)
Section 19-8
The Commission agreed to the comments contained in the memo.
Section 19-16
City Manager Miller wanted direction relative to the
participation and role of the Community Appearance Board
(cAB). The suggestion contained in the memo was acceptable
to the Commission.
Sections 19-20, 19-22, 19-24
Mayor Moore asked if the suggestion would in any way dilute
the streamlining of the process. City Manager Miller
answered, "No." There was discussion. Vice Mayor Olenik
commented that the City Commission has the final say. He
asked if the City has a quasi-judicial Board called the
Board of Adjustment (BOA) to allow relief from the Codes and
Ordinances of the City. City Manager Miller answered that
the BOA gets involved in zoning matters only relative to
conditional uses and variances. The City Commission has the
prerogative to waive certain aspects of the subdivision and
land development regulations. City Manager Miller further
explained.
Section 19-23
City Manager Miller referred to his Memo No. 90-056. He
stated they were looking at minor revisions, intermediate
5
MINUTES - CITY COMMISSION WORKSHOP MEETING
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FEBRUARY 27, 1990
revisions, and major revisions. A minor revision would be
any deviation from the approved master development plan,
such as the moving of a meter room from one side of the
building to the other side of the building. After giving
other examples and explaining, City Manager Miller said he
thought that would be something the Technical Review Board
(TRB) could get involved with.
If an apartment house project came before the City and the
developer wanted to change the parking lot to the back,
where it would abut single family homes, Vice Mayor Olenik
asked if City Manager Miller would consider that a minor
change. City Manager Miller replied that the basic decision
between a minor and intermediate revision would probably be
made in his office. He would give it due consideration if
he knew it should be before the City Commission. City
Manager Miller thought going through the whole process for
minor changes sometimes bogs down the progress and
continuity of the development.
City Manager Miller continued by saying an example of an
intermediate change was the change in roof materials for
Casa Blanca and some of the changes in the arch. He felt
the City Commission should be involved in intermediate
changes. City Manager Miller felt major changes would
constitute substantial alterations to the character of the
development, and the changes would be beyond an intermediate
or minor change. After giving examples, he said there would
be language more drastic to cover all of these areas. City
Manager Miller's Office has been working with the Planning
Department and the Building Department on this.
Sections 19-27, 19-28
City Manager Miller felt the TRB's input should not be
suppressed. It should be included.
Section 19-50
City Manager Miller read his recommendation.
City Manager Miller apprised the Commission that he would
suggest some minor changes throughout the Ordinance. The
ones above were the highlighted ones. On Report I, he noted
his comments and the staff's comments and recommendations in
the far left-hand corner. City Manager Miller informed
Vice Mayor Olenik Report 1 was what the P&Z Board wanted.
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MINUTES - CITY COMMISSION WORKSHOP MEETING
BOYNTON BEACH, FLORIDA FEBRUARY 27, 1990
Mayor Moore thought the consensus of the Commission was to
recommend City Manager Miller's recommendations, and City
Manager Miller should follow through with the proposed
Ordinance for final consideration and possible adoption.
ADJOURNMENT
The meeting properly adjourned at 7:0( M.
CITY
Mayor
Commi s s ioner
ATTEST:
Deputy Cid Clerk
Recording Secretary (One Tape)
ATTACHMENT III
"1986 Projects" shall mean
(a) the multi-purpsse civic center to consist of
approximately 1,500 seats and to be constructed on a 30-acre
site owned by the City on South Congress Avenue;
(b) improvements required to complete the Congress
Avenue Community Park, located on South Congress Avenue,
including, inter alia, an additional section of tennis
courts, a softball hitting practice-field, a baseball
hitting practice-field, a playground, a picnic area (with
pavillions, an outdoor amphitheater, parking lots, rcads,
entrances, and other related facilities;
(c) improvements at Rolling Green Park, includin~ a
neighborhood-sized gymnasium with 'spectator seating;
concession areas, lockers, showers, and public restrccms;
space for meeting rooms and community activities; an
adjacent parking lot; construction on the remainder of the
acreage on North Seacrest, and the expansion of the
existing park, to encompass the area surroundin~ the
proposed community center and the construction therecn, of
athletic ballfields with bleachers and lighting, cu~side
basketball courts, children's playground and equipment,
picnic area with tables, tennis courts and/or handball
courts, parking, and other related facilities;
(d) improvements at Rolling Green Elementary Community
School Park, including parking facilities with approximately
40 spaces, lighted tennis courts, a multipurpose ballfield,
basketball court improvements, quiet games- and picnic-
areas, playground equipment improvements, and other related
facilities;
(e) radio-telephone communications system for general
use by all departments of City Government;
(f) renovations to the City planning, building and
engineering department building;
(g) construction of a recreation department adminis-
tration building; and
(h) any other capital project or expenditure the City
Council determines in a subsequent resolution should be
acquired, constructed or made with the proceeds received
from the sale of the 1986 Bonds.
MEMO NO. 90-069
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Commission
J. Scott Miller, City Manager
February 26, 1990
Proposed Amendments to Chapter 19 of the City of Boynton Beach
Code of Ordinances
Attached hereto please find a draft copy of Report No. 1 and Report No. 2
(dated February 27, 1990) of Chapter 19 of the Boynton Beach Code of
Ordinances. Report No. I comprises the entire text of the Chapter and spe-
cifically notes the inclusions of language (underlined words and phrases)
and the deletion of language (stricked out words and phrases). Report No.
2 composes the completed draft without noted changes to the text. I would
suggest that Report No. 1 be utilized since it is more comprehensive and
gives the reader a truer picture as to the noted changes, amendments, dele-
tions and additions proposed in Chapter 19,
This office has thoroughly reviewed the proposed Chapter lg, along with
Staff members, and has provided respective comments and remarks in the left
hand column of the copied text. It is certainly realized that there exists
a number of problems in the current developmental review process and proce-
dure, and that streamlining procedures in specific areas are necessary;
however, there are a number of issues (some positive and some negative to
my way of thinking) that need be thoroughly discussed and resolved prior to
the finalization of proposed Chapter 19. As I see it, they are as follows
(noting my comments and recommendations):
Section 19-8 The deletion of the City Planner from the classified service
and from the direct responsibillty (and appointment) of the City Manager
and the placemen: of said position in a status of serving at the pleasure
of the Mayor and City Commission (the now appointing entity) certainly does
not promote the Commission/Manager form of government. It tends to erode
the organizational structure of this government form by "politicizing,. a
major departmental staff position, with the potentiality of doing same with
the developmental review process. This proposal also provides an
atmosphere for possible conflict in that no staff person can adequately
serve with two bosses (appointed by the Mayor and City Commission and under
the supervision of the City Manager). It is recommended that the current
language remain whereby the City Planner remains under the direction, through
appointment, of the City Manager.
AI)D~)LTi~ B
Section 19-16 The inclusion of a conceptual site plan review process to
the planning and development code so to permit owners and developers an
opportunity to submit preliminary working plans for project review and
approval (which are not final working drawings) is an excellent idea and a
needed process for land development. It definitely sets a logical means
for determining a projects viability without the necessary expenditure of
large amounts of front money. It is suggested that the conceptual site plan
review approval process follow the chain of order as: Technical Review Board
(TRB) to Planning and Zoning Board (P & Z) to the City Commission. The
Community Appearance Board (CAB) is proposed to be involved in the "final"
site plan review process; however, their participation in the conceptual
stage may be advantageous. Your direction on this one please.
Section 19-20, 19-22, 19-24 The proposed role of the Technical Review
Board (TRB)is being somewhat suppressed. The TRB is composed of pro-
fessional and technical staff persons and their comments and recommen-
dations in the review process shouldproceed in total to:the,Planning and
Zoning Board, ks well' as in total to the City Commission. If the P & Z
Board and City Commission elect to delete any of the comments/recommen-
dations of the TRB, that of course is their respective right; however, the
TRB reviews "condition.of approval" Should be able to be placed ,on the
table id total for study. The input made available by the TRB-should not
be elimiRated, and/dr'd'iluted.
Section 19-23 An 'amendment to this portion of the text reference "typreS of
revisions" {or so-called ~hanges) should be out]ined amd defined, w~thout
being tied to dollar c'ost; as more specifically outlined in .exhibit A~ a
copy attached hereto. The minor revisions would be processed-through the
TRB. The intermediate 'revisions would be processed thrdugh the TRB, then
to the P & Z Board {optional), then to the CAB, then to the City
Commission. Lastly, major revision would be processed the same as new site
development applications.
Section 19-27, 19-28 The Techn~ca] Review Board's (TRB) input in the
final site plan should not be eliminated fromthe process, for,the same
reasonsaswere elaborated .on above. The end effect of thi~ deficiency in
technical review may or may not have a serious ramification~or;the quality
of development within the Communilty~ Technical staff pa~rticjpation in the
total ~eview and approval process is warnant~d, and will mos~ assuredly
assist'in~insuring properldevelopmen~. Granted, ~the T~B process needs to
be better defined and streamlined so to move their rol~ in the process more
effectively and expeditiously.
TO:
FROM:
DATE:
SUBJECT:
MEMO NO. 90-0§6
Tim Cannon, Planning Department
J. Scott Miller, City Manager
February 14, 1990
Minor, Intemediate, and Major Changes/Revisions To Approved
Master Development Plan
I offer to you for your review the following language relative to the above
referenced subject matter.
After rezoning to PUD or PCD, no permits shall be issued by the City and no
development shall commence unless in full conformance with the approved site
development plan, unless a change or deviation is approved; classified as
either minor, intermediate or major.
The City Manager, after receiving appropriate staff comments and recommen-
dations from the Planning Department, Building Department and Engineering
Department, may approve minor changes and deviations from the approved
master development plan which are in compliance with the provisions and
intent of the ordinance, and which do not depart from the principle concept
of the approved master develepment plan. All other requested changes and
deviations shall be referred to the City Commission after review by the
Planning and Zoning Board and Community Appearance Board.
The City Commission may at the request of the owner, without requiring a
new application, authorize changes to the approved master development
plans that pertain to location, types and configuration of buildings,
landscaping, layout, and similar changes when the full character and intent
of the approved master plan is not violated. Comments and recommendations
from the Planning and Zoning Board and the Community Appearance Board shall
be made to the City Commission prior to final determination and approval of
intermediate type changes and/or revisions.
The City Commission may determine that the requested changes and deviations
requested by the owner on the approved master development plan duly consti-
tute a substantial alteration to the character of the development, and thus
require that the requested changes be subject to the same procedures as
required for new applications; said process being to proceed before the
Technical Review Board, then Planning and Zoning Board and Community
Appearance Board.
Please feel
forward them to my attention for review.
dSM:cd
cc: Honorable Mayor and City Commission
Central File
free to make your comments on the above noted draft text and
Thank you.
RECEIVED
rP.B 16 ]990
PLANNh'~G DEPT.
(3)
Section 19-50 The elimination of the Downtown Review Board and the trans-
ferring of its authority to the Co~r~unity Redevlopment Agency is a good
proposal in that it streamlines the total Board involvement, while still
achieving desired results. The involvement of the P & Z Board in parking
variances and conditional use approvals in the CBD, in lieu of the Downtown
Review Board, continues this objective.
In conclusion, it is hoped that the City Co~mission views staff's comments
and recommendations as being positive, constructive, and worthy of being
included and/or addressed in the text of Chapter 19. Your direction please.
JSM:cd
cc: Central File
Attachment
cc: Tim Cannon, Planning Department
Don Jaeger, Building & Zoning Director
Vincent Finizio, Engineering Department
Johnnetta Broomfield, Community Improvement Director
Art. I.
Art. II.
Art. III.
Art. IV.
Art. V.
CHAPTER 19
PLANNING AND DEVELOPMENT GENERALLY*
REPORT NUMBER 1
(Feb. 27, 1990)
In General, 19-1 - 19-16
Site Plan Review and Approval, 19-17 - 19-37
Community Appearance Board, 19-38 - 19-49
Downtown Review Board, 19-50 - 19-59
Central Business District Project Review and
Approval, 19-60 - 19-72
ARTICLE I. IN GENERAL
Sec. 19'1.
Planning and zoning board created; appointment,
terms.
There is hereby created a municipal planning and zoning board,
which shall consist of seven (7) members to be appointed by the
c~ty commission. Two (2) members of the board shall serve for a
t~rm of one (1) year from the date of appointment; three (3)
mDmbers shall serve for a term of two (2) years from the date of
appointment; two (2) members shall serve for a term of three (3)
y~ars from the date of appointment. Vacancies created after
expiration of these terms shall be filled by appointments for
three-year terms. Members of the board shall be residents and
electors of the city.
The board shall also consist of two (2) alternate members
aPPointed by the city commission, e~e-%~-a~e~a~e-sha~-se~ve
~-a-~e~m-e~-e~e-%~-yea~-~rem-~he-~aee-e~-ap~e~me~-ehe
e~he~-a~e~a~e-sha~-se~e-fe~-a-~e~m-ef-~we-+R~-yea~s-~em-~he
~a~e-~f-appe~kmen~= Both alternates shall serve for a term of
one (1) year from the date of appointment. Said member shall
serve in the absence of a regular member from the meeting. (Code
1958, 2-41; Ord. No. 82-47, 1, 11-16-82; Ord. No. 83-19, 1,
5~17-83; Ord. No. 85-24, 1, 4-2-85; Ord. No. 85-45, Attach.
(b), 8-20-85)
Sec. 19-2.
Filling vacancies on board; removal.
If a vacancy shall occur on the planning and zoning board, same
shall be filled by appointment by the city commission. Members
of the board may be removed by a majority vote of the total
members of the city commission and the city commission shall have
p6wer to remove any member of the board for cause. (Code 1958,
2~41)
sec. 19-3
Board officers.
iUpon organization, after appointment, the members of the
planning and zoning board shall elect a chairman and
vice-chairman for the purpose of the orderly conduct of their
meetings with the vice chairman to act in the absence of the
chairman. (Code 1958, 2-41)
Sec. 19-3.1 Rules of order.
Upon organization of the board, the board shall adopt the
current edition of Robert's Rules of Order to govern the conduct
of the meetings and its members.
Sec. 19-4. Q~orum for board.
Four (4) members of said planning and zoning board shall
Constitute a quorum inconnection with disposition of matters
coming before the board. (Code 1958, 2-41)
Sec. 19-5. Duties, responsibilities of board.
, (a) Zoning recommendations. It shall be the duty and
!esponsibility of theplanning and zoning board to meet at the
Call of its chairmanC0r vice-chairman for the purpose of
Considering all requests for zoning changes under the master
Zoning code of the city, to conduct public hearings in connection
With such requests, and to make recommendations to the city
~ommission in connection with the city commission's final ,,
determination-regardingdisposition of all such zoning requests.
~he city commission may, in addition, refer to said board for
donsideration and recommendation, any general subject matter
pertaining to municipal zoning within the city.
I (b) Comprehensive plan. It shall be the further duty and
responsibility of said board to prepare and recommend to the city
Commission for adoption of a comprehensive plan for the, physical
development of the city and to perfect and amend it from time to
ime. In conducting its work the board may consider the and
nvestigate.any subject matter tending to the development and
betterment of the municipality and may make recommendations as it
~ay ~ee~ advisable concerning the adoption thereof to the city
commission. Such comprehensive plan may show, among other
~hlngs: Existing and proposed streets, highways, expressways,
bridges, tunnels and viaducts and approaches thereto; routes of
~ailroads and transit lines; terminals, ports and airports;
)arks, playgrounds, forests, reservations, and other public open
~paces; sites for public buildings' and structures; districts for
~esidence, business, industry, recreation, agriculture and
~orestry; special districts for other purposes; limited
[evelopment districts for purposes of conservation; water supply,
~anitation, drainage, protection against floods, and the like;
~reas for housing developments, slum clearance, urban renewal and
~edevelopment; location of public utilities, whether publicly or
~ivatel¥ owned, including but not limited to sewerage and water
~upply systems; together with time and priority schedules and
~ost estimates for the accomplishment of the proposals. The
comprehensive plan shall be based upon and include appropriate
2
studies of the location and extent of present and anticipated use
of land, population, social and economic resources and problems,
and other useful data.
.St~De !aw_reference - For Local Government Comprehensive
Planning Act, see FS 163.3161 et seq.
".-~)-.'subdivision.~e¢~mmendations.: The board shall, in
a~.d~i~o_~,:-~9¥i~w~ ~on~_i~.~.and make recommendations to the city
commission concerning the commission's final approval of maps and
plats of subdivisions of land within the municipal limits of the
city. (Code 1958, 2-41)
(d) Site~plan recommendations.
The board shall, in addition, review, consider and make
recommendations to the city commission concernin~ the approval of
site plans excep~ as noted in Sections 19-22 and 19-23, Article
II, of this~Chapt~r.: Amon~ the factors ~o be considered by the
board in makin~ its recommendations are those listed in Sec.
19-26 of Article II/'Code of Ordinances.
Sec. 19-6.
Board designated statutory planning agency.
'The municipal planning and zoning board is hereby designated
and established as the "local planning agency" to act in behalf
of the city under the terms and provisions of the Local
Government Comprehensive Planning Act of 1975, Section 163.3161
et seq., Florida Statutes, having the general responsibility for
the conduct of a comprehensive planning program and the
preparation, supervision and amendment of the comprehensive plan
or elements or portions thereof applicable to the areas under the
jurisdiction of the city as provided in said act. (Code 1958,
2-41)
Sec. 19-7. Comprehensive plan, adoption and amendment.
(a) 'Comprehensive plan adopted. Pursuant to the "Local
Government Comprehensive Planning Act of 1975", Florida Statutes,
Section 163.3161 et seq., the city commission hereby declares its
intent to exercise :[ts authority ~o plan for the area in its
jurisdiction as granted by the act and adopts a comprehensive
plan which is attached hereto and hereby incorporated by
reference.
(b) Consistency of development and development regulations
with comprehensive plan. All development within the city, and
all land development orders issued and land development
regulations adopted within the city shall be consistent with the
adopted comprehensive plan. In all cases of conflict between the
comprehensive plan and land development orders or regulations,
the comprehensive plan shall supersede the land development order
or regulations.
3
(c) Amendments to the future land usemap. Ail amendments to
the future land use map which would require a subsequent
amendment to the official zoning map, shall not be submitted
unless accompanied by an application for rezoning to the
appropriate zoning district, This requirement shall not apply,
however, where amendments to the future land use map occur in
conjunction with the adoption of the comprehensive plan in its
entirety, .adoption of'a-plan element in its entirety, or adoption
of a comprehensive plan evalUation and appraisal report. The
procedure for amendments to the future land use map shall be that
Which is set forth in section 9,C~2.a. of the zoning regulations
~Appendix A, of this volume) and paragraph (e) below, except that
Where such amendment occurs in conjunction with the adoption of
the compr~i~_~i~.~it~.~n~irety, a plan element in its
entirety, or the adoption of a comprehensive plan evaluation and
appraisal report, only.the requirements of paragraph (e) below
Shall apply.
i (dk ~.~A~._en_dm. ents which cha~g~ permitted uses of land. All
lam_e~_dm~ ~pthecompreh~Gsive,plan which would change the
'permit~ed. uses..of ladd shall not be submitted unless accompanied
bY a proposed amendment to the zoning regulations or other
appropriate land development regulations. This requirement shall
not apply, however, where such comprehensive plan amendments
Would occur in conjunction with the adoption of the comprekensive
Plan in its entirety, adoption of a plan element in its entirety,
or adoption of a comprehensive plan evaluation and appraisal
report. For all amendments which change the permitted uses of
land, the.procedure set forth in paragraph (e) and applicable
Sections of Florida Statutes below shall be followed, as well as
~he procedure for ordinance adoption generally.
~ (e) General procedure for amendments, including amendments to
text, adoption of entire comprehensive plan or plan element, or
adoption of evaluation and appraisal report. The procedures and
Standards for all comprehensive plan amendments, including
amendments to the text of the comprehensive plan, adoption of the
~lan o~?pl'an 61ement in its entirety, or adoption of an
evaluationland appraisal report, shall conform to the applicable
~rocedures and standards set forth in Florida Statutes for such
amendmentS, and the procedure set forth in the City of Boynton
Beach Code of Ordinances for ordinance adoption generally. For
~lendments other than adoption of the comprehensive plan or plan
ement in its entirety, or adoption of an evaluation and
~ppraisal report, the planning department shall review the
proposed amendment for consistency with the remainder of the
domprehensive plan. Proposed amendments to the text of the
Comprehensive plan shall be accompanied by supporting materials
as required by the planning director. All proposed amendments of
~ny nature shall then be reviewed by the planning and zoning
board fo~ ~nternal consistency ~n the case of an evaluation and
appraisal report or revised comprehensive plan, or consistency
With the remainder of the comprehensive plan in the case of all
~ther plan amendments or revised plan elements. The planning and
4
zoning hoard shall hold a public hearing, and after the
conclusion of the hearing, transmit a recommendation to the city
commission to either approve, approve with modifications, or
disapprove the proposed amendment. The recommendation of the
planning and zoning board shall include findings as to the
consistency of the proposed plan element or plan amendment with
the remainder of the comprehensive plan, or the internal
consistency of the proposed comprehensive plan or evaluation and
appra~:sal report.
Subsequent to the planning and zoning board recommendation, the
city commission shall evaluate the proposed amendment for
internal consistency in the case of an evaluation and appraisal
~eport~orrevised comprehensiveplan or consistency with the
remainder of the comprehensive plan in the case of all other plan
amendments or revised plan elements. The city commission shall
hold a public hearing, and after conclusion of the public
hearing, vote to either approve, approve with modifications, or
disappro~the~proposed amendment. If the city commission votes
to approve the proposed amendment, the city commission shall
instruct the city a~torney to prepare an ordinance to amend the
comprehensive plan. The city commission shall also instruct the
city planner to transmit a copy of the proposed amendment to the
state land planning agency, consistent with the applicable
requirements of Florida Statutes. Final action on the proposed
amendment shall take place only after review and approval of the
proposed amendment by the state, consistent with the Local
Government Comprehensive Planning and Land Development Regulation
Act, and shall take place only upon adoption of an ordinance to
amend the Comprehensive Plan. The action by the city commission
shall include findings as to the consistency of the plan element
or amendment with the remainder of the comprehensive plan, or the
internal consistency of the revised comprehensive plan or
evaluation and appraisal report. (Ord. No. 79-24, 1, 8-21-79;
Ord. No. 86-4, 4, 3-18-86; Ord. No. 86-10, 1, 5-20-86)
Sec. 19-8 Position of planner created; appointment, tenure.
Pu~suan~-~-~he-eha~te~-e~-~he-e~y~-~he~e-~s-he~eBy-e~ea~e~
f~e~-B~-a~o~me~-by-~he-e~y-ma~agerT-sa~-of~ee~-~-se~ve
There is hereby created the unclassified position of Plannin~
Director, said position to be filled by the Mayor and City
Co~,~iss~on, said officer to serve at the pleasure of the Mayor
and City Commission under the supervision of the City Manager.
Sec. 19-9. Duties, responsibilities of planner.
The duties and responsibilities of the planning director shall
be:
(1) To formulate and carry out technical details and phases of
5
the general plan for the future comprehensive development
of the city. This shall include supervising and directly
participating in the performance of specialized planning
activities and research essential to the preparation of
the.general plan. Incumbent shall be responsible for the
.~coordination and successful execution of studies and
programs. Work shall be performed under general direction
of the city manager.
(2) To coordinate the above plans with the planning and zoning
~,..-.~board~_as',app.ropriate. .....
.-(3) .TO serue as principal agent of the city in all contracted
'planning~ actiuities..~This shall include preparation of
-"..2~ the scope'of~work of each contract, as well as supervision
of progress once Contract is consummated.
(4) To act as technical advisor to department heads and similar
officials on alt planning matters.
(5) To perform relatedwork as required or directed by city
manager or city commission.
Sec. 19-10. Compensation of planner.
i Compensation for the office of the planning director shall be
established from time to time by the city commission by
~esolutlon. (Code 1958, 2-4.7)
~ec. 19-11 - 19-26 15. Reserved.
i ARTICLE II. CONCEPTUAL SITE PLAN REVIEW AND APPROVAL.
Slec. 'i9-16. PurPOse and intent.
The purpose and intent of this article is to allow property
owners or their assigns to submit plans for project review and
approval which are not final working drawings. Plans submitted
shall ~be sufficient in detail to.allow the city's technics]
clommittee .to make a determination that all codes and ordinances
o!f the city can be met at the time of application for permit
a~proval, to allow the planning and zoning board to make findings
cbnsistent with Sec. 19-26 of this article and to allow the
cbmmunity appearance board to make'findings consistent with Sec.
D~
119-43 of Article III of ~this Chapter.
SEc. 19-16.1. Definitions.
(a) Contracted constructed cost. Contracted construction cost
the total value of on-site improvements necessary to develop ~
site consistent with all applicable city codes and ordinances.
Cbntracted construction costs include, but are not limited to,
b~ilding construction costs~ landscaping and irrigation costs~
on-site utility construction costs including the cost of
6
constructing ties into the city's utility system; paving,
grading, drainage and. site lighting costs~ and, lot clearing,
filling,~nd.grading cos~s.~
Sec. 19-17. P~an-~e~e~ Conceptual site plan submission
requirements.'
Any person owning property within the city desiring to obtain a
building permit for the construction of any building or
structure, other than single family or two-family dwellings,
shall submit ~o the' planning director a site plan, together with
ex~e~e~-e~eva~e~s-an~ such other data as will assist the
technical committee in.rev~ewingand evaluating the proposed use,
building~Qr.structure~,. The site plan shall be drawn to scale and
shall indicat~ the-foIlowingsuf~iciently for consideration of
visual, safety and economic factors:
Sec. 19-17(a) .B~mens~eas~an~-e~en~a~ea-ef-~he-paree~7 A
sealed boundary survey of the subject parcel by a surveyor
registered in the State of Florida, dated not more than six
months prior to the:date of submission of the site plan
application, and containing the following information:
(6)
1. An accurate legal description of the subject parcel.
2. A computation of the total acreage of the subject parcel
to the nearest hundredth (1/100) of an acre.
3. The location and size of utility mains proposed to serve
the site.
4. Topographicalinformation to include locating existing
buildings and other physical features, land elevations,
_. .r~ghts-of-way widths on adjacent roadways, and easements
of record:
both existing
~_' ~" ~i.~ __...L'and'l proposed;.~ Setbacks of all' buildings and structures
. .~ dimensio.ned .~ property lineS~ and dimensions between
buildings and struCtures adjacent to each other on the
~ same s~te~ ~ ..... _. .
(c)
Location of off-street parking and loading facilities?
including a computation Of the number of parking spaces
required and provided~
(d)
Location and dimensions of present and proposed street
and highway dedications required to handle the traffic
generated by the proposed uses;
(e)
Location of points of entry and exit for motor vehicles
and internal circulation pattern, together with
location of all curb cuts7 and including traffic
control pavement markingsl
7
_ (f)_ Location of wa~!s .and. fences and the indication of
. their height and the materials of their construction;
....... (g-)._
Reserved~
(h)
(i)
Pre~m~nary-~an~seap~n~-p~an7 A landscaping plan drawn
in sufficient detail to determine compliance with the
city's landscaping code, includin9 a materials list
ke¥,-with plant names provided in Enqlish~
Indication of the heights of buildings and structures;
(j) Indication of the proposed use of the buildings shown
~ ..... =_.Qn_the sit_e_plan~_a~ floor plans are not required~
_~e~re~-~e-~e~m~-aeeessary-~a~ngs-as-~e-eemp~aaee
w~h-~he-D~ev~s~ms-e~-ehe-e~MZs-Se~e-e~-8~maaeesT
Reserved~
(1) Where an attachment or minor addition to an existing
building or structure is proposed, the site plan shall
indicate the relationship of such proposal to the
existing development;
(m) Any of the above requirements may be waived by the
technical committee if such information is deemed to be
non-essential by the technical committee;
(n) Indication of colored exterior elevations of the fronts
of all buildings to be constructed~ and, indication of
~i1 exterior elevations of all buildings to be
constructed; (When Submitting colored elevations, 24" x
36" prints are required. Colored elevations submitted
shall be unmounted and include a color and materials
key for all architectural features proposed. This key
shall be prominently displayed and it may includ~
desired alternates. Where possible, a specific color
number or material description shall be provided. It
is recommended that the applicant provide for board
review, samples of the materials proposed to be used;
however~ these materials will not be construed to be a
part of the application for conceptual site plan
approval and shall remain the property of the
applicant.)
8
Sec. 19-17.1
Fee to accompany
Ail applicants submitting an application for site plan review
shall be required to pay the fee as adopted by resolution of the
city commission. (Ord. No. 80-15, 1, 4-1-80; Ord. No. 86-4 5,
3-18-86)
Sec. 19-17.2 Proof of ownership or consent.
In addition to the materials required to be submitted in
Section 19-17 above, each applicant for conceptual site plan
approval shall be required to submit to the planning director,
the time conceptual site-plan approval is requested, ownership
and consen= documents as follows:
(a) ~'6~o~-h~-t~st'rec6raed w~rranty deed~ and,
at
(b) The following documents and letters of consent:
if the property is under joint or several
ownership, a written consent to the application by
all owners of record~
if the applicant is a contract purchaser, a copy
of the purchase contract and written consent of
the owner and seller~
if the applicant is represented by an authorized
agent, a copy of the agency agreement, or written
consent of the applicant;
if the applicant is a lessee, a copy of the lease
agreement, and the written consent of the owner~
and,
5. if the applicant is a corporation or other
business entity, the name of the officer or person
responsible for the applicant, and written proof
that said person has the delegated authority to
'i~'~ ~represent the corporation or other business
- - entity, or in lieu thereof, written proof that he
is in fact an officer of the corporation.
Sec. 19-18. Approval prerequisite to building permit.
Except as otherwise provided in thisa~t~e~e Chapter, no
building permit shall be issued for the construction of any
building, structure or other development of property, or
appurtenances or alterations thereto, other than for construction
of single family or two-family dwellings, unless the conceptual
site plan has been reviewed by the technical committee and by the
planning and zoning board and approved by the city commission.
(Code 1958, 31-2)
Sec. 19-19. Coim~ittee established; membership.
A technical committee for site plan review is hereby
established which shall consist of the same persons who comprise
the technical review board under Article V of the subdivision
or~din, ance~ra~_ ~The technical committee Shall be chaired by the
i~ c~i%~ s~l b~h~ed ~ th~uil~90~c~,
o~al~e ~_V~~ C~rm~ _(Code. 1958, 3!-2) c~oss
re~ren~_~r_~be_s_ubdiui~iRn_QrdiDanGe i$ set out in Appendix C to
Sec. 19-20. ~ty of comittee to review plans.
The technical co~ittee shall review every site plan for the
Construction. of any ~ui~d%ng ~. structure, other than
s~ingle-f~ily or two-f~ily dwellings, in order to coordinate the
bechnical advice. ~nd.expertis~.of the me~ers of the technical
co~ittee=- ariS- Ce- Snsmre-eemp~aaee-w$~h- ~he-wa~e~s-pre~s ~ens -~---
SabmSssSea-e~-~he-s~e-p~an-~e-~he-pSann~n~-and-zon~n~-bear~= ~e
eech~al~iDtee ~s n~gh~r privi~e ~eny~pr~
qr~t~or ~d ~y a~ica~ ba~ b~mu~send/ppli~tion~
~o~wit~any/ech~al ~e~ i~eem~nece~ry ~ th~
~lic~on~ me~ Cit~Co~to ~e C~uni~Appe~ance~oard
~nd~e ~d p~nin~aqe~y or, he ~ty~ ~cept ~ oth~wise
~vi~ in,is C~pte~ (Code 1958,. 31-2)
Sec. 19-21. Factors- considered by co~ittee in review.
, ~he-~eehn~ea$-ee~ee'sha~L~ev~ew,eaeh-s~te-p~aa-~e
~eeermSne-whe~her-er-ne~-~h~-s~e-~aa-mee~s-a~-e~-~he
~e-eens$~e~a~$en-e~-ehe-~e$~ewSng-~ae~ers-and-seaadards~-where
~p~$eab~eT- ~ak~n~- &nee-eons ~Se~ae~en-~he-reee~enda~ens-e f-anM
~he~-Separ ~en~s-er -b~ea~s'e~ Teh~jeSey-when-a~a$~aB~e =
an~-e~her -ma~n~enanee- ser~es 7
aad-~r-emerge~ey-rese~e- se~v~eeT-aeeess-~a-ease-~
ea~as~repheT-aad-a~-~ehe~-e~as~e~ae~eas-re~a~ed
10
~ea~s-a~-ava~aB~y-a~-eempae~B~ey-e~
+e~--P~ew~s~east~r-aadr~ee~s-e~-se~eea~ng-and-bu~e~ag
%e~-6emD~anee-w~h?-am~-aBa~emen~-e~-nmmsanees-an~-hazards
~-aeee~da~ee-w~eh-ehe-pe~germa~ee-seanda~s-ee~ea~me~
~n-ehe-men~n§-~e~m~ae~e~s?-an~-een~e~ma~ee-w~eh-ehe
6~Y-ef-Beyn~e~-Beaeh-Ne~se-~e~e~-~d~nanee=--+Se~e
- ~9~8~--~-~7-Sr~=-Ne=-88-~97--~-~-~-8~
The technical committee shall review each site plan to determine
whether or not the site plan meets all technical requirements as
outlined in Section 19-17~ and repor= in writing, under the
heading o~ staff co .n~n~ents,.to .the planning and zoning board at
the next.available Planning and Zoning Board meeting. Staff
comments concerning the community appearance board shall be sent
in writing to the next available Community Appearance Board
meeting.
See=-~9rRR ..... Ma~ee~s-~e-Be-~e~e~med-and-=epe~eed-By
~m-~ev~ew~mg-amy-s~e-p~anT-~he-~eehn~ea~-eemm~ee-shatt
+a~--Am-evera~l-~ne~ease-~n-dems~y-e~-~n~s-pe~-aere-e~
~ve~%~pe~een~-~ea~e~-~han-~he-uses-anM-s~e~es
~m=a~aeen~-amM~nea~y-p~epe~es-~eme~a~y-~n-~he
%e}--The-~ed~=~em-ef-ehe-a~ea-see-as~de-for-eemmun~y-epen
+d~--An-ove~at~-~ne~ease-e~-~ea~e~-~han-~ve-+5+-pe~een~-in
ehe-~oe~-a~ea-p~epeseM-f~-mem~es~em~al-~se=
+eg--Am-eve~a~t-~me~ease-by-me~e-~ham-f~ve-%~}-pe~een~-e~
~he-~e~a~-~e~nd-area-eeve~ed-by-~u~d~n~s-e~-~he
h~hes~-b~td~n~sv
11
0(.
Sec. 19-22. Review and approval of projects of minor
significance and changes to projects not previously approved by
the city co~ission~ '- .... ~
Review and approval of new development projects proposed to be
constructed-in-~the~ city. which have a total contracted
construction-cost-of two hundred fifty thousand dollar~
($250,000.00)-or less shall be processed administratively by tbe
technical oommi~tee and p.ermitted by the building official
without review by the.planning and zoning board and the community
appearance board, and approval by the city commission. This
process shall also be applicable to changes to existing
development pro3ects which were not previously approved by the
city commission, provided that the assessed building value of the
existing improvements, as it currently appears an the county
property appraiser's recordsr and the total contracted
construction cost of the proposed improvements does not exceed
two hundred fifty thousand dollars ($250,000.00). Prior to
perm±tting by the. buitding official, the technical committe~
shall make findings that the new projec~ or the change to an
existing project meets or exceeds all applicable codes and
ordinances of the city.
t A. ~en~-o~ a/~Fquest~b~the teghar~cal comm~-~ is a~e~alab~o~-
io ~n~//~£ann~g and~o~ing bo%r~. A deni~3~f a re~f~st by3-t~
Pl~/a~in~.affd. ~ zon~board~appealab~-~o~_ / -~ the~c~i~y co~' sion.
'A deni~/oT a r~qu~.~' b~h~technip~committ~e--is appe~l-~b-le
to the/c~mmunity/~deve~ment agony for pr~ts wit~i~fth~
den~l busings dist~ct. A ~e~ial of a/-r~quest
~unityr~develoDm~nt ageD~ for pr~cts with~/~he
~usine__s~-~istr%~k/is ap~able t~e city co~issi~/r~.
~ess-~n-eense~e~o~-ees~s?-app~ea~ems-~e~-sueh-p~gee~s_sha~~
Be-P~oeesse~-a~m&m~s~a~ve~y-By-ehe-eeehm&ea~-eemm~eee-~o~_s&~e
Sec. 19-23. Review and approval of ch~nqes to projects
previously approved by the city commission.
Review.and aD~roval ~ change~.~to deve~mpment pro_jet-ts
Am~ND~Nf~reviQu~ly ~p~rove~/b~y the c~ co~i~on whic~ave a to~
~o~ac~cons~ction ~t not ~edin~ ~ty-thous dollar~
~0~. 00 ~all b~ces~lnl~t~lvely by~e technical
~o~ee~d perm~e~ Dy_~e Duil~i~ official~thout_ review
by the planninq~andwz~nin~ board an~ the co~mmunity a~aranc~
board, aD~C~ap~v~ by thg~i~y c~l~issio~.' In aD~oving ~4~anges
to prev/iZou~y .a~roved ~velopm~t pla~ the t~hnical ~6mmittee
must/~in~/tha~ the c~nge reqxfested Sets or ~ceeds ~ /
apDFiZicabte ~des a~ ordin~/~ces an~/that su~ changg/is in~
b~frmody-w~h andz~oes not~/substa~ially c~n~e thg/previou~;~¥ ~
~pD~oved/plan. /A-denia~ 8f a .A~quested/~hange ~ the te~nical/
g6mmi~ee is ~ppealab~ to t~ city cg{~missio~/for projects/
outside of ~he Cent~l'Bus~hess Dis~ict or /o the C~nmuni~/
Re~evelop~nt Age.dy for/~rojects/~ithin t~ Centr/~ Busi/~ss
District. Oh~y/five~ (~)V~uch ch~fnges wil~ be pe~itted/over the
life ~f a pro.ct...~ .
Sec. 19224~ Report tO Dlannin~ and zoning board.
Except as otherwise provided in this article, upon completion
of its review the t~chnical committee shall refer to the planning
and zoning board the site plan, together with the report of its
findings and such~r~Commendations as the technical committee may
deem necessary for the compliance of the site plan with the
va~io6s provisi0ns-an--d intent of the Code of Ordinances of the
city, including consideration of the factors~nd standards set
forth in section 19-21 of this chapter. I~he e3~-nt th~the
te~ni~_.l~ C?..~.i~e~ fai!~ to ma~e its_ r~rt t~he p~a~ning~a~
~F~/~/~~ o~ ~l~r ~! ~~utec ~ l~/~e ~ e~n~i~ ~Ted to
o~tteg/a~d sh~ll th~upoD/De rec3zfved by/t~e planing and
'~A4~z~K~ingw~oard ~r its/~eview~ (Cod~1958, /~1-2)/
Sec. 19-25. Review by community appearance board.
M~v~,Except as provided in this Chapteri coj~e~ptual S~ite plans will
be reviewed by the community appearan--ce board inaccordance with
the provisions of Article III of this chapter. (Code 1958, 31-2)
Sec. 19-26. Reco,~,,endations of planning and zoning board to
commission.
Upon receipt of the site plan and the report from the technical
committee, the planning and zoning board shall review and
consider the site plan and the report from the technical
committee and then make its recommendation to the city
commission. Such recommendation may include any appropriate
conditions and safeguards that the planning and zoning board may
deem necessary for the promotion of the public health, safety,
morals and general welfare, and shall include consideration of
whether the site plan is in compliance with the following
criteria:
(a)
The proposed use, building or structure is in harmony
with the comprehensive plan for the physical
development of the city and within any precise plans
adopted pursuant to the comprehensive plan.
13
.__(bl. _The p~op0sed use,.~u~lding or structure is generally
compatible and in harmony with the uses and structures
on adjace~~ a~d.~ea~bY properties and is appropriate in
relation to~{the established character of other
~r~_~e~_'~'~th~-~._m~_ ~di~.~r~a and neighboring areas.
T~'~' P~6~~ b~i~g, or s~ructure in conformity
with the standards and intent of the Code of Ordinances
........ 9f._~..~c%~Y- _~ ~-
iT~' ~0~om~6~'~ff~c~ ..... :--~0f '~e ~rop~sed use, building or
structure shall not adversely affect adjacent and
nearly properties and properties generally in the
district and shall_not adversely affect the public
interest.
(e)
~he-Drepesed-~se?-B~m~-er-s~rme~e-sha~-ma~e-s~eh
~e~s~o~s-~-~he-~ae~ers-a~-s~an~a~s-se~-~e~h-~
see~e~-~9-~-~-eh~s-eha~e~-as-w~-p~em~e-~he
~b~e-hea~khT-sa~e~-m~a~s-a~-§e~e~a~-we~a~e=
+Se~e~9~8~--~-~
Sec. 19-27.
~a-khe-evea~-~-ehe-abaa~e~mea~-e~-e~-~e~a~ea-~em-~he-s~e
P~a~-as-appre~e~-by-~he-e~-e~mm~ss~e~?-~-~-~he-eve~-~ha~-a
b~d~a~-pe~m~-has-a~-Beea-~ss~ed-aa~-eeas~r~e~ea-eemmeaeed
w~h~a-eae-~ear-grem-khe-appre~a~-B~-~he-e~y-eemm~ss~eaT-~he
appre~a~-ef-~he-s~e-~a~?-~he-e~y-eemm~ss~e~?-sha~-~e~m~a~e
~6~m~,~ Approval of ~o~_~z'~l site plan bythe
Approval of a conceptual site plan by the city commission shall
c~nstitute the issuance of.a development order as defined in
Florida statute 163.3164 (6), and as such the approval of
conceptual site plan may be conditioned upon compliance with
agreements and stipulations arrived at through the conceptual
site plan approval process. In granting its approval, the city
commission may consider the recommendations of the~planning and
zoning board, and the community appearance board, and the factors
listed in Section 19-26 of this Article and Section 19-43 of
APticle III of this Chapter as a basis for the approval of a
conceptual site plan, as well as its knowledge and understanding
of the factors particular to the development of the site. Such
conditions are binding upon the applicant and are not amendable
as provided for in Section 19-23 of this chapter. Failure to
comply with the stipulated conditions will constitute a violation
of the site plan as approved by the city commission. Unless
otherwise stipulated, the period of approval of any conceptual
site plan shall be one year from the date of approval by the city
commission. If buildin~ permits have not been secured and if ~
subdivision plat has not been recorded, if necessary, the
approval by the city commission, will be deemed to have lapsed.
Requests for extensions of approvals will be considered by the
city commission,, however, if an%extension is approved, approval
will be conditioned.upon compliance with the codes and ordinances
currently in effect.
Sec. 19-28. Denial of~-~site plans.
The city commission is hereby authorized to deny c~ site
plan approval requests. In rendering a denial, t~e city
commission shall make findings and place on the record its
reasons for denial. The city commission may base its decision to
deny on the recommendations received from the~lanning and zoning
board, community appearance board~ and the factors listed in
Section 19-26 of this Article and Section 19-43 of Article III of
this Chapter as well as its knowledge and understanding of
factors particular to the development of this site.
Secs. 19-3829 - 19.37. Reserved.
the
ARTICLE III. COMMUNITY APPEARANCE BOARD
Sec. 19-38. Established; membership, qualifications,
A:community-appearance board is hereby established which 'shall
consist of seven (7) regular members and Two (2) alternate
members. At least one (1) of the regular members of the board
shall be a registered architect in the State of Florida, if
available, and at least one (1) of the regular members of the
board shall be a registered or retired landscape architect or
landscape designer. Each regular and alternate member of the
board shall be a resident of the city. (Code 1958, 31-3; Ord.
No. 80-5, 1; 2-19-80; Ord. No. 85-43, 1, 7-16-85)
Sec..19-39.
Appointment.; terms; filling vacancies; removal.
The members of the community appearance board shall be
appointed by the city commission. Of the members of the board
first appointed,, one (1) regular member and the two (2) alternate
members shall hold office for the term of one (1) year, three (3)
regular members shall hold office for the term of two (2) years,
and three (3) regular members shall hold office for the term of
three (3) years from and after their appointment. Their
successors shall be appointed for the term of three (3) years .
from and after the expiration of the terms of their predecessors
in office. If a vacancy shall occur otherwise than by expiration
of term, it shall be filled by the city commission for the
unexpired term. The city commission shall have power to remove
any member of the board for cause. (Code 1958, 31-3)
Sec. 19-40. Officers; meetings.
The community appearance board shall elect a chairman and a
vice-chairman to preside at meetings, and the board shall meet as
15
often as needed but not less than once each month on regularly
sc~&duted d~es~--NAdd~t~o~al m~etings shall be arranged when
~e~e~i ~r~_~.u~re~ u~_~t~i_~_q~er.. _~.~_~eetings shall be
kg~_A~ ~'c~a134[l~nd~LpP~n to ~he public. (Code 1958, 31-3)
sec.-19-41. Procedures; quorum and vote required; records.
The board shall adopu rules and r~gulations for the conduct of
its bus%ng~s~__% ~jgr~tY_of the board shall constitute a quorum,
Anti,he affirmative or negative ~ot& of a maNority of the entire
~!~-~ '~-~m~i'.~.'~.~-a~ s~libe n&ceSsary for any action
.taken by the board. A record o~ the proceedings of the board
~Hal'f-be~-~i~-iH'-~h~'~k~ce'~6f th& city clerk and shall be
Sec. 19-42. Directly accountable to commission~;
aes~mLp~a~=-
The community appearance board shall be directly and completely
accountable to the city commission. The-bea~-sha~-ass~s~-~he
~a~n~§-~e~e~-~n/--~he-e=ea~-am~-~u~e-~p~aee-~-a
~mm~m~Y-~es~m-p~an-~-e~ma~en-w~h-~he-~e~a~
~om~ehens~e-mas~e~-p~an-e~-~he-e~y=--The-e~mm~y-~es~n_p~a~
sha~-e~ms~s~-e~-a-~eme~a~-ama~s~s-am~-a-~ese~n-~-~he
~es~aB~e-a~sehe~e-a~bu~es-o~he-e~-as-~e~a~-~e-~he-
~eene-~-kh~s-see~on?-~he-§ene~a~-~e~emem~s-~-m~m~m
as-~he-a~eas-~e~a~e-~e-eaeh-~he~?-and-~he-~eeessa~y-~e~e~s=
Sec. 19-43. Review and recommendations to commission
(la) The community appearance board shall review the plans and
specifications as described and defined in section 19-~17 of
~his Chapter and then make its recommendation to the city
commission. Such recommendations may include any appropriate
Changes in plans and specifications as the community appearance
board may deem necessary for compliance with the intent of this
~rticle and for the promotion of the public health, safety,
Orals and general welfare, and shall include consideration of
~ether the plans and specifications are in compliance with the
following criteria:
16
~ (2) The proposed use, building or structure is
generally compatible and in harmony with the adjacent and
neighboring areas to the existing conditions of buildings
and other structures, parking facilities, streets and
highways, takes~and other waterways, ocean frontage,
marinas, parks and recreation facilities, lighting,
utilities and all flora.
_(3) The proposed use, building or structure is designed to
compliment its setting and to exhibit a high s~andard of
architecture so as not to cause a blighting influence or ~o
create a nuisance owing to poor design, selection of colors
and use of materials.
spee~ea~o~s-as-~e~e~-~-see~o~-~9-68-a~-~he~-make-~s
· .~eeemme~a~on-~-~he-eemmun~-~e~eve~opme~-a§e~ey~--S~eh-p~a~s
~dY~a~-spee~ea~o~s-as-khe-e~mm~y-appea~a~ee-bea~-ma~-deem
~ neeessa~y-~e~-eemp~a~ee-w~h-~he-~e~-e~-kh~s-a~e~e~e-a~d-~e~
~he-~eme~e~-e~-~he-p~B~e-hea~khT-sa~e~YT-me~a~s-and-gene~a~
we~a~eT-a~-sha~-~ne~e-eens~e~a~en-e~-whe~he~-~he-p~aHs-aH~
a~-~ene~a~-eempae~b~e-w~h-~he-s~anda~ds-ef-a~eh~ee~a~
eskaB~she~-~n-~he-eemmsn~ky-~edewe~epmeH~-p~a~7-a~-~he
~-~7-8~dv-Ns~-87-R87--~7-8-~8-87~
e~-~e-ma~e~a~y-a~e~-a-~e~-e~-s~e-e~e~a~en-ef-a~y-ex~s~
Sec. 19-44. Reserved.
Sec. 19-45. Approval prerequisite to building permit.
No building permit, except a permit for construction of a
separate single-family dwelling or a separate duplex-family
17
dwelling shall be issued until such plans and specifications,
including the landscape plan, have been reviewed by the community
appearance board and, except where administrative review and
approval is authorized by sections 19-22 and 19-23 of this
Chapter approved by the city commission. The completion of the
board's review of the plans and specifications shall be signified
by the signature of the chairman or vice-chairman of the board.
Such s~gnature shall be a prerequisite to the issuance of a
building permit. (Code 1958, 31-3)
yea~-f~em-the-da~e-of-appr~a~-By-the-e~ky-eomm~ss~onT-ehe
P~an?-bY-khe-e~y-eemm~ss~o~-sha~-te~m~na~e-a~-$ha~-Beesme
Sec% 19-46. Reserved-.-
Sec. 19-47. Implementation of provisions; violations.
~f-~h~s-a~t~e~ez-~he-eert~f~eate-ef-oeempaney-sha~-be-w~thhe~
~9~87-~-~r
This Article shall be implemented by the Building Department.
AR~A~-~V=--BSWNTSWN-REW~W-BSARB
~-The-m~e~Pa~-~an~-an~-~n~n~-B~a~-e~ea~e~-p~s~an~_~
Beaeh-~s-he~ebM-des~g~aked-as-ehe-dow~eswn-~e~iew-Bea~-~er
Slec=-Eg-~= .... Reservedr
--Ed~o~s-no~e---Srd=-Ne=-8~-~Sy_-By_adop~ed_A~=_+8__~98~_
P~o~e~-~o~-~he-~e~e~-e~--~9-~-wh~eh-ha~-~e~a~n~-~e-~he
a~Po~ntmenkT-~e~msT-f~½ng-ef-~aea~e~es-a~-~em~a~-e~-n~mBe~s
18
0~
Bea~-sha~-be-~he-eha~pe~s~a-an~-~ee-eha~pe~sen-u~-~he
~e-~k~w~-re~ew-Boa~=--The-B~a~-sha~-mee~-as-ef~en-as-mee~e~7
Bu~-~ee-~ess-eha~-~ee-eaeh-moneh-on-~eguEa~Ey-sehe~u~e~-~aees=
A~-meee~n~s-sha~-Be-he~d-~n-ehe-e~y-ha~-an~-be-epem-ee-~he
8,-~8-8~ ............................
eons~eu~e-a-q~e~um-~-ee~nee~on-w~eh-~spes~on-e~-ma~e~s
8~-~@7--~?-8-~8-8~}.-
Seev-E9-~4= .... B~ee~ty-aeeoun~abte-~e-eo~m~sslon?-mev~ew-amd
%a+~The-~ewmeewm-~ev~ew-bea~d-shatt-be-d~ee~y-and-eemp~e~e~y
%M}.-The-beard-sha~t-~ev~ew-p~t~e-am~-p~va~e-~edeve~pmen~
amd-ehem-make-~es-w~em-~eeemmem~ae~em-~e-~he-eemm~m~ey
~e~evet~men~-a~emey=--S~eh-~ee~mmemMa~ems-ma~-~me~de-any
app~opr~aee-e~am~es-~m-ptans-and-spee~f~ea~ms-as-the-Msa~d-may
Meem-meeessa~y-~e=-e~m~t~amee-w~M-~he-~n~en~-ef-~he-e~mm~n~y
~e~evetepmem~-planT-~he-mem~m~?-~a~k~m~7-tandseape-amM-s~m
wet~a~e=--The-~ee~mmemMa~ms-shall-~me~de-e~ms~de~a~m-e~
whe~he=-~he-p~anm-amM-spee~a~ms-a~e-~m-e~mpk~amee-w~eh-~he
..... %k}--The-p~ep~se8-useT-hu~d~m~-er-s~ue~u~e-&s-kn-Ma~mony
and-~ene~al~y-eempa~hle-w~h-~he-e~ey~s-eemp=eMems~ve
.....
w~h-~he-ad~aeen~-and-nearby-p=epe~es-whk=h-e~n~m
~e-~he-e~mm~m~y-~edeve~epmem~-p~am-fe~-~he-eM~=
.....
eam-Me-~m~a~ed-w~eh~m-ene-%~$-yea~-ef-~he-date-ef
19
.... s~e~u~e-sha~-me~-a~ve~se~y-affee~-p~epe~es-Em-~he
......... e~mmum~y-~e~e~e~e~memk-a~ea-a~-sha~-mek-a~e~se~y
.... ~6--8~T-Sr~-N~=-8~-~8?--6T-8-~8_8~~
ARTICLE 'IV Reserved.'
ARTICLE V. CE~'£~AL BUSINESS DISTRICT
, - .PROJEC~ REVIEW AND APPROVAL
Sec. 19-60. P~e~ee~-suBm&ss~.n-p~ans-an~-s~ppe~k~m~-~ee~u~aem~s
eequ~ued=
conceptual site plan submission requirements.
! '(a) Except as otherwise provided in this Chapter, A ~ny
p~rson owning property within the central business district
d~siring to obtain a building permit for construction of any
b~ilding or-structure shall submit to the planning director
p~oject plans and supporting data prepared by an F~e~a
~§~s~e~e~ architect, ~e§~s~e~e~ landscape architect, or
r~g~s~ere~--engineer,.with appropriate surveying, landscape,
architectural, engineering and urban planning supPort as
n~cessary or required to assist the technical committee in
r~viewing and evaluating the proposed use, building or structure.
, (b) ~he-~e~ee~-suBm~ss~n?-p~ans-an~-su~e~m~-~a~a-sha~
~h~ea~e-~he-~e~ew~-~n~erma~en-s~f~e~en~y-~e~a~e~-~e~
e~ns~de~a~e~-ef-¥~sua~-safe~y-an~-ee~nem~e-~aeke~s~ The
i ....... -- --
m~ter~als to be submitted ~n connection w~th th~s review shall be
~.,~,,.:.~,~7% a~ required in SectiOn
19-17 of this Chapter plus the following:
+~--SHrvey-ef-ehe-p~e~e~yT-shew~n~-~mens~ons-an~-~ea~&m~s
e~epe~y-~nes~-a~ea?-spe~-e~eva~ens-e~-eem~e~s?
eMEse~ng-~ea~ure$?-~reesT-ve~eea~EeaT-s~r~e~uresT-s~reeks7
easemeaksz-u~tM-~es?-~aa~-usesy-and-use-af-su~eun~Eag
~--P~an-shew&ng-~eea~ens-an~-d&mems&ems-e~-eE&s~&n~-and
p~epese~-s~ee~-~e~&ea~&ens-~e~&~e~-ee-han~e-ehe-~ra~e
fe~-~eh~e~a~-en~anees-an~-ex~s~
ex~erfer-e~e~at~easT-seetfensT-eeas%r~et~en-mater~a&s7
exte~fer-f~n~shes-an~-ee~er-seheme=
20
%5~--Sandscape-p~an~-show~ng-g~ad~ngT-~onst~u=t~on-d~aw~ngs?
%~}--Eng~nee~mg-p~amsT-shew~g-wa~e~?-sewerT-ara~na~e7
e~eee~e~ey?-ke~eph~neT-gas-~sea~a~em?-was~e-d~sp~sa~
o~-s~a~e-~eek-p~pese~-~-ea~h-useT-es~m&~ed-p~pu~a~on
an~-empk~yeesT-hou~s-e~=~pe~a~e~-~ypes-a~-¥o~me-~
~a~e-expeeke~7-eons~ue~-sequen=e-a~-~me-sehe~e
%k8} Deed restrictions, parking lease agreemen=s, and other
legal devices to be used to control the use, development and
maintenance of the land~
%~--Sueh-e~her-en~ee~n~-am~-~eeh~ea~-~a~a-as-may-Be
~equ~re~-~e-~e~m~-~eeessa~y-~gs-as-~-e~m~anee-w~h
%~}--Any-sf-~he~aBo~e-~equ~emen~s-may-be-wa~e~-By-~he
~eehm~ea~-e~mm~eee-~-such-~m~o~mak~n-~s-~eeme~-~-be
~unesse~e~a~-By-~he-Boa~=--%8~?-No=-8~-~97-R?-4-~67-8~}
Sec. 19-61% Fee to accompany plan.
sha~-be-~e~e~-~e-pay-~he-~e~w~-~ees-~-sueh-~½me-as-sa~d
a~p~a~on-~s~suBm~e~-~o-~he-e~y-fe~-~e¥~ew~--%~--P~
Ail applicants submitting an application for project plan review
consistent with this Article shall be required to pay a fee as
adopted by resolution by the city commission.
Sec. 19-62. Approval prerequisite to building permit.
Except as exempted in sections 19-22 and 19-23 of this Chapter,
Nno building permit shall be issued for construction of any
21
building,' structure, or other development of property, or
alterations thereto,--i~ ~the central business district unless the
project plans and supporting data have been reviewed by the
technical committee, ~he-~w~ewn-review-~eard? and the community
redeve~topmen~ ~age~cy, ~a~d When necessary, approved by the city
commission; as required in sections 19-63 through 19-733 below.
(Ord. NO. 85-29; 2, 4-16-85) --
Sec. 19-63~. Technical committee; membership.
A t~e~hnical~~committee for project plan and supporting data
review shall consist of the following members, or their duly
authorized representatives: the planning director, who-sha~-Be
eha~ma~e~-~he-~BB-p~ee~-~e~iew-~ems~ the director of
eng~neerln~ and 'public Works~-~he-e~-e~ee~7 the building
Official; 'the director of utilities; ~he-d~ee~r-e~-p~b~e
We~s~ the recreation and parks director~ the fire chief; the
police chief; ehe'speeia~-p~ee~s-an~-e~e~-e~a~7 the
urban forester/horticulturist; and the exee~e-~eeke~-~f-~he
eomm~n'~'~y-~ede~e~pmen~-a~e~ey= director of community
improvement'. (Ord.'No. 85-29, 2, 4-16-85)
a~ The Chairman of !the technical shall be th~
' · · ~---~. ~ommittee
w~,~ ......... ~ .... ~ ..... ~ ..... ~u,~ and the vice chairman shal]
be the
........ ~ c~ficial. '.
~ec. 19-64. Duty !of the technical committee to review plans.
The-technical committee shall review every project plan and
Supporting data for the construction of any building or
Structure, other ~han single-family or two-family dwellings, in
Order to coordinate the technical advise and expertise of the
qommittee._membe~s-a~-~-e~s~e-eem~a~ee-w~h-~he-va~i~s
~s~s-a~d-~!e~-~-~he-~y-S~e-~-~r~a~ees?-~i~_~
~he-eommmn&~M-~ede~e~epmen~-ageney-and-~he-~i~y-e.mm&ss&enr The
~echnical committe~ has no right to deny, approve, or alter or
Send' any applicant~ back, but must send applications alon9 with
~ny. technical'comments it deems necessary for the application to
meet City Code to ~he community redevelopment agency and the city
ciommission. (Ord.! No. 85-29, 2, 4-16-85)
19-65.
Fao~ors to be considered and reported by the
technical conmmittee in review.
i~he-~eehn~ca~-eemm~k~ee-sha~-rev~ew-eaeh-pregee~-s~Bm~ss~en_ko
~ee~m~e-wheehe~-~-~o~-~he-p~ans-and-s~pp~i~g-~a~a-mee~_a~
~f-~he~-~in~gsvr-~he-~eehB~ea~-e~mm~kee-sha~-ee~s~der-khe
fD~ew½ng-fae~rsy-an~-any-ree~mmenda~o~s-e~-any_de~a~men~s_~
22
0~
p~e~e~y_aa~-~he-pre~ese~-sa~e~res-~hereea~-~aeE~8~n~
seeh_eonsEeera~Eeas-as-aeaeme~ve-aad-pe&es~rEan-safebY
an~_e~nvea~eneeT-~aff~e-f~ew-aa~-eea~re~?-eu~-e~s?
re~use_eeE&ee~en-aa~-ma~a~eaaaee-se~v~ees?-e~-sareea
pa~k~ag_aa~-Eea~ag-a~ea~-aeees~-~er-~e~ee-aae-~Ere
pre~ee~en-an~-~er-emergeae~-re~e~e-se~ee7-aa~-e~he~
eeas~ee~a~eas-~ae~u~ag-eeoaem~e-effee~s~-ae~se7
~7-4-~-8~
The technical committee shall review each project plan to
determine whether or not the project plan meets all technical
requiremen~ as outlined in Section 19-17 of this chapter, and
report in writing, under the heading of staff comments to the
community redevelopment agency.
Sec. 19-66. Report by the technical committee
(a) The technical committee shall report their findings to
the ~ew~w~-re~ew-b~a~? the community redevelopment agency,
a~-~he-e~ky-e~mm~ss~ as required below.
(b) In the event that the technical committee fails to make
~ts written report to the ~wa~ewa-~e~ew-Bear~ community.
redevelopment agency within thirty (30) days after receiving an
application which is complete with all required plans and
supporting data, the application shall be deemed to have been
~ppre~e~ reviewed without comment by the technical committee, and
shall thereupon be received by ~he-~ewn~ewm-~e~ew-B~a~7 the
community redevelopment agency'and the city commission as
required below. (Ord. No. 85-29, 2, 4-16-85)
~he_~w~ewa-~e~lew-Bear~-sha~-re~ew-~he-~eeh~ea~
e~mm~ee~s-~ep~r~?-aa~-he~d-a-p~b~e-mee~g7-a~e~-wh~eh-~he
~ewa~ewa_~e~ew-beard-sha~-make-a-w~ea-reeemmea~a~ea-~e-~he
Sec. 19-67. Re~ew-B~-~w~w~-re~ew-b~a~
Processing of Reguests for Variances to the Parking Lot
Re~]ations and Requests for Conditional Use.
All approvals or recommendations for approval for variances to
the City's parking lot regulations or requests for conditional
use approval in the Central Business District will be heard by
the Planning and Zoning Board exclusively.
23
Sec. 19-68. Review by community redevelopment agency and city
commission.
~e~eve~pmeh~-a~e~ey-sha~-~e~ew-~he-eeeh~ea~-e~mm~kkee~s
For.all projects proposed in the Central Business District'except
~s exempted in sections 19-22 and 19-23 of this chapter~ the
community redevelopment agency shall review the technical
c~ommittee's report after which the community redevelopment agency
shall make a written recommendation to the city commission. If
the request for project approval requires the approval of a
c~nditional use, the community redevelopmen~ a~ency shall conduct
a public hearin~ in connection with preparin~ its recommendation
to the city commission.
Sec. _19-69. Approval by. city commission.
The city commission shall hold a public meeting to review a
pro3ect application, or in the case of a conditional use
application, a public hearing, and either approve, approve with
modifications, or disapprove the application. (Ord. No. 85-29
21, 4-16-85) '
Sec. 19-70. Bu~d~ng-pe~m~= Reserved
P~gee~-oa~Y-af~e~-app~va~-~f-~he-p~e~ee~-app~eae~a-By-~he
e~Y-e~mm~ss~n-~-eommun~y-~e~eve~pmem~_agen~y?_as_~eg~e~=
24
Sec. 19-71. Appeal.
(a) For applications which receive final approval from the
community redevelopment agency, an appeal may be made ~o the city
co~u.ission-by the project applicant.
~(b)~-~'The notice of appe.~t sh-al~ be filed within thirty (30)
days, and sha~l specify in what respec= the appellant
aggrieved,-and what-'autio~ the appellant desires the city
commission-to make'.
(c) The city commission shall hear the appeal at a public
meeting,-and shall ren~er .~-decision.
Sec. 19-72. Term~na~en?-e~p~a~e~-e~-ex~e~s~e~-e~-app~e~a~?
%a~--~m-ehe-e~en~-~f-~he-aBandenmea~-e~-e~-~e~a~en-~em-ehe
~ss~ed-a~-eens~e~-eemme~ee~-w~h~n-e~e-%~-yea~-~em-~he
~aee-e~-app~e~a~7-e~e~approva~-o~-~he-s~e-p~aas-aad~e~-b~d~ng
sha~-ee~m~aa~e-an~-sha~-Beeeme-n~&~-an~-~e~=
%b+--The-e½ey-eemm~ss~B-may-exkemd-~he-~er~e~-~f-apgre~a~-~
ehe-~e~-~egu~a~s-w~h-respee~-~-~me-&~m~ae~ens-an~
eM~e~s~e~s.?-p~ev~e~-~eh-~se-and-~e~e~pmea~-e~erm-ee-ehe
eurreak-~ewaeewm-~e~e~e~epmea~-p~aa-%Sr~=-N~=-8~-~9?-R?4-&6-8~}=
Sec. 19-72~ ~ Approval of ~site plan by the city
co~ission-
Appr6val of a ~ site plan by the city commission shall
constitute the issuance of a development order as defined in
Florida Statute 163.3164 (6), and as such the approval of a
conceptual site plan may be conditioned upon compliance with
agreements and stipulations arrived at through the conceptual
site plan approval process. In granting its approval, the city
commission may consider the community redevelopment agency and
the factors listed in Sections 19-26 and 19-43 of this Chapter as
a basis for the approval of a conceptual site plan, as well as
its knowledge and understandinq of the factors particular to the
development of the site. Such conditions are binding upon the
applicant and are not amendable as provided for in Section 19-23
of this Chapter. Failure to comply with the :stipulated
conditions will constitute a violation of the site plan as
approved by the city commission. Unless o~herwise stipulated,
the period of approval of any site:plan shall be One year from
the date of approval by the city commission. If building permits
have not been secured and if a subdivision plat has not been
recorded if necessary,:the approval: by the city commisi0n will be
deemed to have lapsed. Requests for extensions of approvals will
be considered by the city commission, however, if any extension
is approved, approval will be conditioned upon compliance with
the codes and ordinances currently in effect.
25
Sec. 19-73. Denial of c_~Rc~,{~-~-t-site plans.
The city commission is hereby authorized to denycnn~_~,,~ .... sito
Dlan approval requests. In rendering a denial, the city
commission shall make findings and place on the record its
reasons for denial. The city commission may base its decision to
deny on the recommendations received from the community
redevelopment agency and the factors listed in Sections 19-26 and
19-43 of this Chapter as well as its knowledge and understanding
Of the factors particular to the development of this site.
26
CHAPTER 19
PLANNING AND DEVELOPMENT GENERALLY*
REPORT NUMBER 2~
(Feb. 27, 1990)
Art. I. Tn General, 19-1 - 19-16
Art. II. Site Plan Review and Approval, 19-17 - 19-37
Art. Iii. Community Appearance Board, i9-3B - 19-49
Art. IV. Downtown Review Board, 19-50 - 19-59
Art. V. Central Business District Project Review and
Approval, 19-60 19-72
ARTICLE I. iN GENERAL
--Sec. 19-1. Planning and zoning board created; appointment,
te=ms.
There is hereby created a municipal planning and zoning board,
which shall consist of seven (7) members to be appointed by the
city commission. Two (2) members of the board shall serve for a
term of one (1) year from the date of appointmenL: three ('3)
members shall serve for a term of two (2) years from the d~te of
appointment; cwo (2) members shall serve for a term of three (3)
years from the date of appointment. Vacancies created after
expiration of these terms shall be filled by appointments for
three-year terms. Members of the board shall be residents and
electors of the city.
The board shall also consist of two (2) alternate members
appointed by the city commission. Both alternates shall serve for
a term of one (1) year from the date of appointment. Said member
shall serve in the absence of s regular member from the meeting.
(Code 195R, 2-41; Ord. No. 82-47, 1, 11-16-82; Ord. No. 83-19~
1, 5-17-83; ord. No. 85-24, 1, 4-2-85; Ord. No. 85-45, Attach.
(b), 8-2O-85)
Sec. 19-2. Filling vacancims on board; removal.
If a vacancy shall occur on the planning and zoning board~ same
shall be filled by appointment by the city commission. Members
of the board may be removed by a majority vote of the total
members of the city commission, and the city commission shall
have power to remove any member of the board for cause. (Codm
1958, 2-41)
Sec. 19-3. Board officers.
Upon organization, after appointment, the members of the
planning and zoning board shall elect a chairman and
vice-chairman for the purpose of the orderly conduct of their
meetings with the vice chairman to act in the absence of the
chairman. (Code t95R, 2-41)
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Sec. 19-3.1 Rules of order.
Upon'organization of the board, the board shall adopt the
current edition oflRObert's Rules of Order to govern the conduct
of the meetings and its members.
Sec. 19-4. Quorum for board.
Four (4) members, of said planning and zoning board shall
constitute a quorum in connection with disposition of matters
coming before the board. (code 1958, 2-41)
Sec. 19-5. Duties, responsibilities of board.
(a) Zoning recommendations. It shall be the duty and
responsibility of the planning and zoning board to meet at the
call of its chairman or vice-chairman for the purpose of
b-considering all requests for zoning changes under the master
zoning code of the city, to conduct public hearings in connection
with such requests, and to make recommendations to the city
commission in connection with the city commission's'final
determination regarding disposition of all such zoning requests.
The city commission may, in addition, refer to said board for
consideration and recommendation, any general subject matter
pertaining to municipal zoning within the city.~
(b) Comprehensive plan..It shall be the further duty and
responsibility of said board to prepare and recommend to the city
commission for adoption of a comprehensive plan for the physical
~evelopment of the city and to perfect and amend it from time to
time. in conducting its work the board may consider and
investigate any subject matter tending to the development and
betterment of the municipality and may make recommendations as it
maY deem advisable concerning the adoption thereof to the city
commission. Such comprehensive plan may show, among other
things: existing and proposed streets, highways, expressways,
bridgesf tunnels and viaducts and approaches thereto; routes of
railroads and transit lines; terminals, ports and airports;
parks, playgrounds, forests, reservations, and other public open
spaces; sites for public buildings and structures; districts for
residence, business, industry, recreation, agriculture and
~orestry; special districts for other purposes; limited
development districts for purposes of conservation; water supply,
sanitation, drainage, protection against floods, and the like;
areas for housing developments: slum clearance, urban renewal and
redevelopment; location of public utilities, whether publicly or
~rivately owned, including but not limited to sewerage and water
Supply systems; together with time and priority schedules and
Cost estimates for the accomplishment of the proposals. The
domprehensive plan shall be based upon and include appropriate
studies of the location and extent of present and anticipated use
of land, population, social and economic resources and problems,
and other useful data.
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State law reference - For Local Government Comprehensive
Planning Act, see FS 163.3161 et seq.
,(c) Subdivision recommendations. The board shall, in
addition, review, consider and make recommendations to the city
commission concerning the commission's final approval of maps and
plats of subdivisions of land within the municipal limits of the
city. (Code 1958, 2-41)
(d) Site plan recommendations.
The board shall, in addition, review, consider and ma~e
recommendations to th~. city commission concerning the approval of
site plans except as noted in-Sections 19-22 and 19-23, Article
II, of this Chapner. Among the factors, to be considered by the
board in making its recommendations are those listed in Sec.
19-26 of Article II, Code of Ordinances.
Sec. 19-6. Board designated statutory planning agency.
The municipal planning and zoning board is hereby designated
and established as the "local planning agency" to act in behalf
of the city under the terms and provisions of the Local
Government Comprehensive Planning Act of 1975, Section 163.3161
et seq., Florida Statutes, having the general responsibility for
the conduct of a comprehensive planning program and the
preparation,, supervision and amendment of the comprehensive plan
or elements or portions thereof applicable to the areas under the
jurisdiction of the city as provided in said act. (Code 1958,
2-41)
Sec. 19-7. Comprehensive plan, adoption and amendment.
(a) Comprehensive plan adopted. Pursuant to the "Local
Government Comprehensive Planning Act of 1975", Florida Statutes,
Section 163.3161 et seq., the city commission hereby declares its
intent to exercise its authority to plan for the area in its
jurisdiction as granted by the act and adopts a comprehensive
plan which is attached hereto and hereby incorporated by
reference.
(b) Consistency of development and development regulations with
comprehensive plan. All development within the city, and all
land development orders issued and land development regulations
adopted within the city shall be consistent with the adopted
comprehensive plan. In all cases of conflict between the
comprehensive plan and land development orders or regulations,
the comprehensive plan shall supercede the land development order
or regulations.
(c) Amendments to the future land use map. All amendments to
the future land use map which would require a subsequent
amendment to the offiicial zoning map, shall not be submitted
unless accompanied by an application for rezoning to the
appropriate zoning district. This requirement shall not apply,
4
however, where amendments to the future land use map occur in
conjunction with the adoption of the comprehensive plan in its
entirety, adoption of a plan element in its entirety, or adoption
of a comprehensive_plan evaluation and appraisal report. The
procedure for amendments to the future land use map shall be that
which is set. forth in section 9.C.2.a. of the zoning regulations
(Appendix A, of this volume) and paragraph (e) below, except that
Where such amendment occurs in conjunction with the adoption of
the comprehensive plan in its entirety, a plan element in its
entirety, or the adoption of a comprehensive plan evaluation and
appraisal report, only the requirements of paragraph (e) below
Shall apply.
:.. (d)}~ Amendments whichchange permitted uses°f land. All
amendments to-the comprehensive plan which would change the
Permitted uses of land shall not be submitted unless accompanied
by a propossd amendment to the zoning regulations or other
appropriate land development regulations. This requirement shall
not apply, however, where such comprehensive plan amendments
Wou!d occur in conjunction with the adoption of the comprehensive
plan in its entire~y, adoption of a plan etement in its entirsty,
or adoption of a comprehensive plan evaluation and appraisal
~eport. For all amendments which change the permitted uses of
land, the procedure set forth in paragraph (e) and applicable
Sections of Florida. Statutes below shall be followed, as well as
ithe procedure for ordinance adoption generally.
(e) General procedure for amendments, including amendments to
itext, adoption of entire comprehensive plan or plan element, or
iadoption of evaluation and appraisal report. The procedures and
~tandards for all comprehensive plan amendments, including
amendments to the text of the comprehensive plan, adoption of the
!plan or plan element in its entirety, or adoption of an
ievaluation and appraisal report, shall conform to the applicable
iprocedures and standards set forth in Florida Statutes for such
amendments, and the procedure set forth in the City of Boynton
Beach Code of Ordinances for ordinance adoption generally. For
amendments other than adoption of the comprehensive plan or plan
element in its entirety, or adoption of an evaluation and
appraisal report, the planning department shall review the
proposed amendment for consistency with the remainder of the
comprehensive plan. Proposed amendments to the text of the
!comprehensive plan shall be accompanied by supporting materials
as required by the planning director. All proposed amendments of
any nature shall then be reviewed by the planning and zoning
board for internal consistency in the case of an evaluation and
appraisal report or revised comprehensive plan, or consistency
with the remainder of the comprehensive plan in the case of all
other plan amendments or revised plan elements. The planning and
zoning board shall hold a public hearing, and after the
conclusion of the hearing, transmit a recommsndation to the city
,commission to either approve, approve with modifications, or
idisapprove the proposed amendment. The recommendation of the
!planning and zoning board shall include findings as to the
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consistency of tbs proposed plan element or plan amendment w~th
the remainder of the comprehensive plan, or the internal
consistency of the proposed comprehensive plan or evaluation and
appraisal report.
Subsequent to the planning and ~oning board recommendation, the
city commission shall evaluate the proposed amendment for
internal consistency i~ the case of an evaluation and appraisal
report or revised comprehensive plan or consistency with the
remainder of the comprehensive plan in the case of all other plan
amendments or revised plan elements. The city commission shall
hold a public hearing, and after conclusion of the public
_ hearing, vote to either approve, approve with modifications, or
disapprove the proposed amendment. If the city commission votes
to approve the proposed amendment, the the city commission shall
instruct the city attorney to Drepare an ordinance to amend the
comprehensive plan. The city commission shall also instruct the
--planning director to transmit a copy of the proposed amendment to
the state land planning agency, consistent with the applicable
requirements of Florida Statutes. Final action on the proposed
amendment shall take p!ace only after review and approval of the
proposed amendment by the state, consistent with the Local
Government Comprehensive Planning and Land Development Regulation
Act, and shall take place only upon adoption of an ordinance to
amend the comprehensive plan. The action by the city commission
shall include findings as to the consistency of the plan element
or amendment with the remainder of the comprehensive plan, or the
internal consistency of the. revised comprehensive plan or
evaluation and appraisal report. (Ord. No. 79-24, l, 8-21-79;
Ord No. 86-4, 4, 3-18-86; Ord. No. 86-10~ 1, 5-20-86)
Sec. 19-8. Position of planner created; appointment, tenure.
P~#f~- There is hereby created the unclassified position of Planning
Director, said position ~o be filled by the Mayor and City
Commission, said officer to serve at the pleasure of the Mayor
and City Commission under the supervision of the City Manager.
Sec. 19-9. Duties, responsibilities of planner.
The duties and responsibilities of the planning director shall
be:
(~)
To formulate and carry out technical details and phases of
the general plan for the future comprehensive development
of the city. This shall include supervising and directly
participating in the performance of specialized planning
activities and research essential to the preparation of the
general plan. Incumbent shall be responsible for the
coordination and successful execution of studies and
programs. Work shall be performed under general direction
of the city manager.
(2) To coordinate the above plans with the planning and zoning
board as appropriate.
(3) To serve as principal agent'of the city in all contracted
planning activities. This shall include preparation of the
scope of work of each contract, as well as supervision of
progress once contract is consummated.
(4) To act as technical advisor to department heads and similar
officials on all planning matters.
(5) To perform related work as required or directed by city
manager or city commission.
Sec. 19-10. Compensation of planner.
Compensation for the office of the planning director shall be
established from time to time by the city commission by
"resolution. (Code 1958, 2-4.7)
Secs. 19-11 19-15. Reserved.
ARTICLE II. CONCEPTUAL SITE PLAN REVIEW AND APPROVAL.
Sec. 19-16. Purpose and intent.
The purpose and intent of this article is to allow property
owners or their assigns to submit plans for project review and
approval which are not final working drawings. Plans submitted
shall be sufficient in'detail to allow the city's technical
review board to make a determination that all codes and
,ordinances of the city can be met at the time of application for
!permit approval, to allow the planning and zoning board to make
findings consistent with Sec. 19-26 of this article and to allow
the community appearance board to make findings consistent with
Sec. 19-43 of Article III of this Chapter.
Sec. 19-16.1. Definitions.
(a) Contracted constructed cost. Contracted construction cost
,is the total value of on-site improvements necessary to develop a
site consistent with all applicable city codes and ordinances.
!Contracted construction costs include, but are not limited to,
building construction costs; landscaping and irrigation costs;
ion-site utility construction costs including the cost of
constructing ties into the city's utility system; paving,
igrading, drainage and site lighting costs; and, lot clearing,
!filling, and grading costs.
!Sec. 19-17. Conceptual site plan submission requirements.
Any person owning property within the city desiring to obtain a
building permit for the construction'of any building or
'structure, other than single family or two-family dwellings,
shall submit to the planning director a site pla~, together with
7
such other data as will assist the technical committee in
reviewing and evaluating the proposed use, building or structure.
The site plan shall be drawn to scale and shall indicate the
following sufficiently for consideration of visual, safety and
economic factors:
Sec. 19-17(a) A sealed boundary survey of the subject parcel by
a surveyor registered in the State of Florida, dated not more
than six (6) months prior to the date of submission of the site
plan application, and containing the following information:
1. An accurate legal description of the subject parcel.
A computation of the total acreage of the subject
parcel to the nearest hundredth (1/100) of an acre.
3. The location and szze of utility mains proposed to serve
the site.
Topographical information to include locating existing
buildings and other physical features, land
elevations, rights-of-way widths on adjacent roadways,
and easements of record:
(b)
Location of all buildings and structures, both existing
and proposed; setbacks of all buildings and structures
dimensioned to property lines; and dimensions between
buildings and structures adjacent to each other on the
same site;
(o)
Location of off-street parking and loading faci!ities~
including a computation of the number of parking spaces
required and provided;
(d)
Location and dimensions of present and proposed street
and highway dedications required to handle the traffic
generated by the proposed uses;
(e) Location of points of entry and exit for motor vehicles
and internal circulation pattern, together with
location of all curb cuts; and including traffic
control pavement markings;
(f) Location of walls ~nd fences and the indication of
their height and the materials of their construction;
(g) Reserved;
(h)
A landscaping plan drawn in sufficient detail to
determine compliance with the city,s landscaping code,
including a materials list key, with plant names
provided in English;
(i) Indication of the heights of buildings and structures;
(j) Indication of the proposed use of the buildings shown
on the site plan; floor plans are not required;
(k) -Reserved;
(1)
Where an attachment or minor addition to an existing
building or structure is proposed, the site plan shall
indicate the relationship of such proposal to the
existing development;
(m)
(n)
Any of the above requirements may be waived by the
technical committee if such information is deemed to be
nonessential by the technical committee;
Indication of colored exterior elevations of the fronts
of all buildings to be constructed; and, indication of
all exterior elevations of all buildings to be
constructed; (When submitting colored elevations, 24"
x 36" prints are required. Colored elevations
submitted shall be unmounted and include a color and
materials key for all architectural features proposed.
Sec .
This key shall be prominently displayed and it may
include desired alternates. Where possible, a
specific color number or material description sh~tl bs
provided. It is recommended that the applicant
provide for board review, samples of the materials
proposed to be used; however, these materials will not
be construed to be a part of the application for
conceptual site plan approval and shall remain the
property of the applicant.)
19-17.1 Fee to accompany plan.
All applicants submitting an application for site plan review
'shall be required to pay the fee as adopted by resolution of the
City commission. (Ord. No. 80-15. i, 4-1-80; Ord. No. ~6-4 ~
3-1S-86)
Sec. 19-17.2. Proof of ownership or consent.
In addition to the materials required to be submitted in
Section 19-17 above, each applicanh for conceptual site plan
9pproval shall be required to submit to the planning director,
the time conceptual site plan approval is requested, ownership
and consent documents as follows:
at
(a) A copy of the last recorded warranty deed; and,
(b) The following documents and letters of consent:
if the property is under joint or several
ownership, a written consent to the application
by all owners of record;
2. if the applicant is a contract purchaser: a copy
9
of the purchase contract
the owner and seller;
and written consen5 of
if the applicant is represented by an authorized
agent, a copy of the agency agreement, or written
consent of the applicant;
if the applicant is a lessee, a copy of the lease
agreement, and the written consent of the owner;
and
if the applicant is a corporation or other
business entity, the name of the officer or
person responsible for the applicant, and written
proof that said person has the delegated
authority to represent the corporation or other
business entity, or in lieu thereof, written
proof that he is in fact an officer of the
corporation.
Sec. 19-lB. Approval prerequisite to building permit.
Except as otherwise provided in this Chapter, no building
permit shall be issued for the construction of any building,
structure or other development of property, or appurtenances or
alterations thereto~ other than for construction of single family
or two-family dwellings, unless the conceptual site plan has been
reviewed by the technical committee and by the planning and
zoning board and approved by the city commission. (Code !95B~
31-2)
Sec. 19-19. Committee established; membership.
A technical committee for site plan revzew zs hereby
established which shall consist of the same persons who comprise
the technical review board under Article V of the subdivision
ordinance. The technical committee shall be chaired by the ~
t~o~., {t~.e/~.~l ~by~_e B~_~ ~d~.g ~f~cial,
~sh~ll'~e/the~ce C_t~'rma~/(Code 1958, 31-2) Cross
reference The subdivision ordinance is set out in Appendix C to
this Code. ~ ~/~/~, o£ ~/h~/~.
Sec. 19-20. Duty of committee to review plans.
The technical committee shall review every site plan for the
construction of any building or structure, other than
single-family or two-family dwellings, in order to coordinate the
technical advice and expertise of the members of the technical
committee./Th~echnic~l co~ttee ha~ no r/~ht or ~rivilj~je to
f~Commu~ity Ap~Searance
10 ·
Board and the land planning agency of the City, except as
otherwise provided in this Chapter. (Code 1958t 31-2)
Sec. 19-21. Factors considered by committee in review.
The technical review committee shall review each site plan to
determine whether or not the site plan meets all technical
requirements as outlined in Section 19-17, and report in writing,
under the heading of staff comments, to the planning and zoning
board at the next available Planning and Zoning Board meeting.
iStaff Comments concerning the community appearance board shall be
sent in writing to the next available Community .Appearance Board
meeting.
Sec. 19-22. Review and approval of projects of minor
~significance and changes to projects not previously approved by
"~the city commission.
Review and apprqval of new development projects proposed to be
constructed in the city which have a total contracted
,construction cost of two hundred fifty-thousand dollars
($250,000.00) or less shall be processed administratively by the
.technical committee and permitted by the building official
without review by the planning and zoning board and the c6'mmunity
appearance board, and approval by the city commission. This
iprocess shall also be applicable to changes to existing
development projects which were not previously approved by the
!city commission, provided that the assessed building value of the
existing improvements, as it currently appears in the county
property appraiser's records, and the total contracted
construction cost of the proposed improvements does not exceed
two hundred fifty thousand dollars ($250,000.00). Prior to
Ipermitting by the building official, the technical committee
!shall make findings that the new project or the change to an
,existing project meets or exceeds all applicable codes and
ordinances of the city.
,pl~fnni~3~and ~ffing boris appaa~I~ble t .ac-~ city~m~,is~on.
!b%fs ine ~~he citw~ccommis ~n.
Sec. 19-23. Review and approval of changes to projects
t~reviously approved by the city commission.
f./~.{/~ R~vi~app~val of~.~f~nu~es to~-devetopme~ut projects
Sec. 19-24. Report to planning and zoning board.
Except as otherwise provided in this article, upon completion
"of its review the technical committee shall refer to the planning
and zoning board the site plan, together with the report of its
findings and such ~ecommendatzons as the technical committee may
deem necessary for the compliance of the site plan with the
various provisions and intent of the Code of Ordinances of the
city, including consideration of the factors and standards set
forth in section 19-21 of this chaDter./in~he ewent that/ the
techniCal/committee f~ls yo ma~e ~s r~por~ tone,laming Ind/
zo~in~ b~ard/wi~hin ~hirt~ (30~ da~s a~ter/rece~vin~ al~re~ir~d
i~fo~ma~ion/as ~o t~e si~e plan, ~he ~ite/plan/sha~l b~ed~
~av~ b~n ~vi~wed/withgut c6mmegt b~thg tecb/hicW1 committee ~nd
/~-~l-~he~up~n b~ r~c~ived ~by.~e ~an~ing a~d z~nin~ bo~rd~or
it~ r~vie~-;, l(Cod~ 195R, 31-2) t //
Sec. 19-25. Review by community appearance board.
Except as provided in this Chapter, ~ site plans will be
reviewed by the community appearance board in accordance with the
provisions of Article II! of this chapter. (Code 1958, 31-2)
Sec. 19-26.
Recommendations of planning and zoning board to
commission.
Upon receipt of the site plan and the report from the technical
committee, the planning and zoning board shall review and
consider the site plan and the report from the technical
committee and then make its recommendation to the city
commission. Such recommendation may include any appropriate
conditions and safeguards that the planning and zoning board may
deem necessary for the promotion of the public health, safety,
morals and general welfare, and shall include consideration of
whether the site plan is in compliance with the following
criteria:
(a)
The proposed use, building or structure is in harmony
with the comprehensive plan for the physical development
of the city and within any precise plans adopted
12
puz-suant to the comprehensive plan.
(b) The prnposed use, building or structure is generally
compatible and in harmony with the uses and structures
-. . on a~j~cent- and nearby .properties and is appropriate
relatio~l to the established character of other
structures in the immediate area and neighboring areas.
(c) The proposed use, building or structure is in couformity
with the standards and intent of tile Code of~ Ordinances
of the city.
(d)
Tile economic effects of the proposed use, building or
structure shall not adversely affect adjacent and nearby
properties and properties generally in the district and
shall not adversely affect the public interest.
Sec. 19-27. Approval of ~.~c~al- site plan by the city
commiss ion.
Approval of a ?.~. 1 site plan by the city commission shall
constitute tile issuance of a development order as defined in
Florida statute 163.3164 (6), and as such the approval of a
couceptual site plan may be conditioned upon compliance with
agreements and stipulations arrived at through the conceptual
site plan approval process. In granting its approval, the city
comm~ssi.~n may consider the recommendations o~-the planning and
zoning board, and tile community appearance board, and the factors
listed in Section 19-26 of this Article and Section 19-43 of
Article III of this Chapter as a basis for the approval of a
conceptual sits plan, as well as its knowledge and understanding
of the factors particular to tile development of the site. Such
conditions are binding upon the applicant and are not amendable
as provided for in Section 19-23 of this chapter. Failure to
comply with the stipulated conditions will constitute a violation
of the site plan as approved by tile city co~mission. Unless
otherwise stipnlated~ the period of approval of any conceptual
site plan shall be one year from tile date of approval by Lhe city
comm.lssion. If building permits have not been secured and if a
snbdivision plat has not been recorded, if necessary, the
approval by tile city commission will be deemed to have lapsed.
Requests for extensions of approvals wiil be considered by the
city (:ommissio~], however, if an~extension is approved, approval
will be conditioned upon complia~lce with the codes and ordinances
currently in effect. ~ ~ ~
Sec. 19-28. Denial of ?-~ site plans.
13
The city commzssion is hereby authorized to deny co~u~=TJt'5~l site
plan approval requests. In rendering a denial, the city
commission shall make findings and place on the record its
reasons for denial. The city commission may base its decision to
deny on the recommendations received from th~-planning and zoning
board, community appearance board, and the factors listed in
Section 19-26 of this Article and Section 19-43 of Article III of
this Chapter as well as its knowledge and understanding of the
factors particular to the development of this site.
Secs. 19-37. Reserved.
ARTICLE III. COMMUNITY APPEARANCE BOARD
Sec. 19-38. Established; membership, qualifications.
A community appearance board is hereby established which shall
consist of seven (7) regular members and two (2) alternate
members. At least one (1) of the regular members of the board
shall be a registered architect in the State of Florida, if
available, and at least one (1) of the regular members of the
board shall be a registered or retired landscape architect or
landscape designer. Each regular and alternate member of the
board shall be a resident of the cfty. (Code 1958, 31-3; Ord.
No. 80-5, 1, 2-19-80; Ord. No. 85-43, 1, 7-!6-85)
Sec. 19-39. Appointment; terms; filling vacancies; removal.
The members of the community appearance board shall be
appointed by the city commission. Of the members of the board
first appointed, one (1) regular membeT and the two (2) alternate
members shall hold office for the term of one (!) year, three (3)
regular members shall hold office for the term of two (2) years,
and three (3) regular members shall hold office for the term of
three (3) years from and 'after their appointment. Their
successors shall be appointed for the term of three (3) years
from and after the expiration of the terms of their predecessors
in office. If a vacancy shall occur otherwise than by expiration
of term, it shall be filled by the city commission for the
unexpired term. The city commission shall have power to remove
any member of the board for cause. (Code 1958, 31-3)
Sec. 19-40. Officers; meetings.
The community appearance board shall elect a chairman and a
vzce-chairman to preside at meetings, and the board shall meet as
often as needed but not less than once each month on regularly
scheduled dates. Additional meetings shall be arranged when
needed or required under this chapter. All meetings shall be
held in the city hall and open to the public. (Code 1958, 31-3)
Sec. 19-41. Procedures; quorum and vote required; records.
The board shall adopt rules and regulations for the conduct of
its business. A majority of the board shall constitute a quorum~
and the affirmative or negative vote of a majority of the entire
rsgut.ar membership of the board shall be necessary for any action
~akenby~ithe board A record of the proceedings of the board
shall be filed~ in the office of the city clerk and shall be
available to the public. (Code 195~, 31-3)
Sec. '19-42, Directly accountable to commission;
The community appearance board shall be directly and completely
accountable to the city commission.
Sec. 19-43. Review and recommendations to commission.
i(a) The community appearance board shall review the plans and
~specifications as described and defined in section 19-17 of this
-Chapter and then make its recommendation to the city commission.
iSuch recommendations may include any appropriate changes in plans
iand specifications as the community appearance board may deem
Decessary for compliance with the intent of this article and for
ithe promotion of the public health, safety, morals and general
Welfare, and shall include consideration of whether the plans and
ispecifications are in compliance with the following criteria:
(1) The proposed use, building or structure is in harmony
with the uses and structures on adjacent nearby properties
as to landscaping, preservation and maintenance of beauty,
reforestation, open space, greenery and other aesthetic
features of the immediate and neighboring areas.
· (2) The proposed use, building or structure is generally
compatible and in harmony with the adjacent and neighboring
areas to the existing conditions of buildings and other
structures, parking ·facilities, streets and highways, lakes
end other waterways, ocean frontage, marinas, parks and
recreation facilities, lighting, utilities and all flora.
(3) The proposed use, building or structure is
designed to complement its setting and to exhibit a
high standard of architecture so as not to cause a
blighting influence or to create a nuisance owing to
poor design, selection of colors and use of materials.
Sec. 19-44. Reserved.
Sec. 19-45. Approval prerequisite to building permit.
No building permit, except a permit for construction of a
Separate single-family dwelling or a separate duplex-family
dwelling shall be issued until such plans and specifications,
~ncluding the landscape plan~ have been reviewed bv the community
appearance board and, except where administrative ~eview and
15 ·
approval is authorized by sections 19-22 and 19-23 of this
Chapter approved by the city comm!ssion. The completion of the
board's review of the plans and specifications shall be signified
by the signature of the. chairman or vice-chairman of the board.
Such signature~shall be a prerequisite'to the issuance of a
building permit. (code~1958, 31-3)
Sec. 19-46. Reserved.
Sec. 19-47. Implementation of provisions; violations.
This Article shall be implemented by the Building Department.
ARTICLE IV Reserved. ' -
ARTICLE V. CENTRAL BUSINESS DISTRICT
PROJECT REVIEW AND APPROVAL
sec. 19-60. Conceptual site plan submission requ!rements.
(a) Except as otherwise provided in this Chapter, any person
owning property within the central business district desiring to
obtain a building permit for construction of any building or
structure shall submit to the planning director project plans and
supporting data prepared by an architect, landscape architect, or
engineer, with appropriate surveying, landscape, architectural,
engineering and urban planning support as necessary or required
to assist the technical committee in reviewing and evaluating the
proposed use, building or structure.
(b) The materials to be submitted in connection with this
review shall be as required in Section 19-17 of this Chapter plus
the following:
(1) Signage plans showing location, size, color and
construction details; and,
(2) Deed restrictions, parking lease agreements, and other
legal devices to he used to control the use, development
and maintenance of the land.
Sec. 19-61. Fee to accompany plan.
Ail applicants submitting an application for project plan review
consistent with this Article shall be required to pay a fee as
adopted by resolution by the city commission.
Sec. i9-62. Approval prerequisite to building permit.
Except as exempted in sections 19-22 and 19-23 of this Chapter,
no building permit shall be issued for construction of any
building, structure, or other development of property, or
alterations thereto, in the central business district unless the
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project plans and supporting data have been reviewed by the
technical committee and the community redevelopment agency, and
when necessary, approved by the city commission, as required in
sections 19-63 through 19-73 below. (Ord. No. R5-29, 2, 4-16-85)
Sec...19-63._ Technical committee; membership.
A technical committee for project plan and supporting data
review shall consist of the following members, or their duly
authorized representatives:~the planning director, the director
of engineering and public works; the building official; the
director of utilities; the recreation and parks director; the
fire chief; the police chief; the urban forester/horticulturist;
and the director of community improvement. (Ord. No. 85-29, 2,
4-16-R5) -~Crn~,v~.~w~r~,~,~
The chairman of the technical committee shall be the
~gincsrin~ ...... --~ ~ ....... w~rks di~=~t~r and the vice chairman shall
be the ~ulldln~ ~"'
Sec. 19-64. Duty of the technical committee to review plans.
The technical committee shall revzew every project plan and
supporting data for the construction of any building or
structure, other than szngle-family or two-family dwellingk, in
order to coordinate the technical advice and expertise of the
committee. The technical committee has no right to deny, approve,
or alter or send any applicant back, but must send applications
along with any technical comments it deems necessary for the
application to meet City Code to the community redevelopment
agency and the city commission. (Ord. No. 85-29, 2, 4-i6-B5)
Sec. 19-65.
Factors to be considered and reported by the
technical committee in review.
The technical committee shall review each project plan to
determine whether or not the project plan meets all technical
requirements as outlined in Section 19-17 of this chapter, and
report in writing, under the heading of staff comments, to the
Community redevelopment agency.
Sec. 19-66. Report by the technical committee.
(a) The technical committee shall report their findings to
the community redevelopment agency, as required below.
(b) In the event that the technical committee fails to make
its written report to the community redevelopment agency within
thirty (30) days after receiving an application which is complete
with all required plans and supporting data, the application
shall be deemed to have been reviewed without comment by the
technical committee, and shall thereupon be received by the
community redevelopment agency and the city commission: as
required below. (Ord. No. 85-29, 2, 4-16-85)
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Sec. 19-67. Processing of Requests for Variances to the Parking
Lot Regulations and Requests for Conditional Use.
All approvals or recommendations for approval for variances to
the City's parking lot regulations or requssus for conditional
use approval in the Central Business District will be heard by
the Planning and Zoning Board exclusively.
Sec. 19-68. Review by community redevelopment agency and city
commission.
For all projects proposed in the Central Business District except
as exempted in sections .19-22 and 19-23 of this chapter, the
community redevelopment agency shall review the technical
committee's report after which the community redevelopment agency
shall make a written recommendation to the city comm!ssicn, if
the request for project approval requires the approval of a
conditional use, the community redevelopment agency shall conduct
a public hearing in connection with preparing its recommendat!on
to the city commission.
Sec. 19-69. Approval by city commission.
The city commission shall hold a public meeting to revie.w a
project application, or in the case of a conditional use
application, a public hearing, and either approve, approve with
modifications, or disapprove the application. (Ord. No. 85-29,'
2, 4-16-85)
Sec. 19-70. Reserved
Sec. 19-71. Appeal.
(a) For applications which receive final approval from the
community redevelopment agency, an appeal may be made to the city
commission by the project applicant.
(b) The notice of appeal shall he filed within thirty (30)
days, and shall specify in what respect the appellant is
aggrieved, and what action the appellant desires the city
commission to make.
(c) The city commission shall hear the appeal at a public
meeting, and shall render a decision.
Sec. 19-72. Approval of ~u~eP%e~a~ site plan by the city
commission.
~' -- ~omm~ss~on
Approval of a con_q~cmpt~r~I site plan by the city ~ ~ ~
shall constitute the issuance of a development order as defined
in Florida Statute 163.3164 (6), and as such the approval of a
~ ~ conceptual site plan may be conditioned upon compliance with
agreements and stipulations arrived at through the conceptual
site plan approval process, in granting its approval, the city
· ~ commission may consider the community redevelopment agency and
the factors listed in Sections 19-26 and 19-43 of this Chapter as
a basis for the approval of a conceptual site plan, as well as
its knowledge and understanding of the factors particular to the
development of the site. Such conditions are binding upon the
applicant and are not amendable as provided for in Section 19-23
of this Chapter. Failure to comply with the stipulated
conditions will constitute a violation of the site plan as
approved by the city commission. Unless otherwise stipulated,
the period of approval of any site plan shall be one year from
the date of approval by the city commission. If building permits
have not been secured and if a subdivision plat has not been
recorded if necessary, the approval by the city commission will
be deemed to have lapsed. Requests for extensions of approvals
..will be considered by the city commission, however, if any
extension is approved, approval will be conditioned upon
compliance with the codes and ordinances currently in effect.
~D~Z- !Sec. 19-73. Denial mfc_D~kc-et~tua~ site plans.
The city commission is hereby authorized to deny c~ site
:plan approval requests. In rendering a denial, the city"
commission shall make findings and place on the record its
reasons for denial. The city commission may base its decision to
deny on the recommendations received from the community
redevelopment agency, and the factors listed in Sections 19-26
and 19-43 of this Chapter as well as its knowledge and
understanding of the factors particular to the development of
this site.
19