03-034 AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA AMENDING
LAND DEVELOPMENT REGULATIONS, CHAPTER 1,
GENERAL PROVISIONS, ARTICLE II, DEFINITIONS,
AMENDING THE DEFINITION OF BUILDING HEIGHT;
PROVIDING FOR CONFLICTS, SEVERABILITY,
CODIFICATION AND AN EFFECTIVE DATE.
WHEREAS, building height is currently calculated, pursuant to the LandI
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Development Regulations, by measuring from the finished grade of the property where the
structure is to be built or is presently located; and
WHEREAS, it has been determined that because of varying grades of adjacent
properties and the practice of adding fill to a tract of land to raise the finished grade of the
property, it is necessary to provide for a new definition of building height with the focal
measuring point being the crown of the road, rather than the finished grade of the subject
property; and
WHEREAS, without this definition change to the term, "Building Height," it is
possible that the structures on a single residential street could have the look of a city skyline,
rather than a residential neighborhood, resulting in flooding concerns for properties adjacent
to those properties where the finished grade is higher or has been raised; and
WHEREAS, at its meeting May 13, 2003, the Community Redevelopment Agency of
the City of Boynton Beach, Florida, recommended that the City Commission amend the
definition of "Building Height" in the City's Land Development Regulations for purposes of
clarification and uniformity on measurement; and
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WHEREAS, at its meeting of May 27, 2003, the City of Boynton Beach Planning
and Development Board recommended that the City Commission amend the Definition of
"Building Height" in the City's Land Development Regulations for purposes of clarification
and uniformity on measurement; and
WHEREAS, City staff agrees with the recommended change to the definition of
"Building Height" to promote uniformity and consistency in measurement;
WHEREAS, the City Commission of the City of Boynton Beach concurs with the
Planning and Development Board and finds that this definitional change is necessary to
protect the health, safety, and general welfare of the citizens of the City of Boynton Beach;
and
NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section 1. The foregoing whereas clauses are true and correct and are now ratified
and confirmed by the City Commission.
Section 2. That Chapter 1, General Provisions, Article II, Definitions, is hereby
amended by adding the words and figures in underlined type and by deleting the words and
figures in struck-through type, as follows:
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BUILDING/STRUCTURE HEIGHT - The vertical distance in feet ~e.m finkhed ~'ade~
measured from the lowest point at the property line of an adjacent property or from the
minimum base flood elevation as established by FEMA, whichever is highest, to the highest
point of the roof for flat roofs, to the deck line for mansard roofs and parapet roofs with
p apet 1 th fi fei hight;~-.4~^
ar s ess an ve et n e .......... ' ....... h~;.~., ~.~, .............. A ~,.~ .4a.~ ^c
..1~1~ hi-- ~,.4 ~,,~-,1~1 ~^^Co ........ .4 C~ .... .4~' Gable and hip roof heights shall be
measured to the midpoint between the eaves and the ridge. Rooftop penthouses, stairwells
mechanical and electrical equipment shall be concealed by or constructed of exterior
architectural materials or features of the same type or quality used on the exterior walls of the
main building and max/only exceed the maximum building height pursuant to the provisions
of Chapter 2, Section 4.F. of the Land Development Regulations, City of Boynton Beach,
Florida. Walls or retaining walls shall also be measured from the lowest adjacent property
line to the top of the structure excluding column caps, column capitals and other similar
architectural items.
Section 3. Each and every other provision of the Land Development Regulations
not herein specifically amended, shall remain in full force and effect as originally adopted.
Section 4. All laws and ordinances applying to the City of Boynton Beach in
conflict with any provisions of this ordinance are hereby repealed.
Section 5. Should any section or provision of this Ordinance or any portion
thereof be declared by a court of competent jurisdiction to be invalid, such decision shall not
affect the remainder of this Ordinance.
Section 6. Authority is hereby given to codify this Ordinance.
Section 7. This Ordinance shall become effective immediately.
FIRST READING this ,~ day of '~' ~.-~ ~ ,2003.
SECOND, FINAL READING AND PASSAGE this ] ~ day of ~'-tkfl. ~_ ,
2003.
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CITY OF BOYNTON BEACH, FLORIDA
Vice Ma.yo~r
Commissioner
ATTEST:
citY Clerk .-g'~t4-ff-~ ~ [,MC0*P0RA!EO'~ '.~ i!
:H :\1990\900182.BB\ORDXBui~ht LDR-Final. doc
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