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ORDINANCE NO. 90- /~
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
BOYNTON BEACH, FLORIDA; SUBMITTING TO REFERENDUM AN
AMENDMENT TO APPENDIX A, SECTION 4.F.1 (HEIGHT
LIMITATIONS AND EXCEPTIONS); PROVIDING FOR MAXIMUM
BUILDING HEIGHT IN CBD DISTRICTS OF ONE HUNDRED TWENTY
FEET OR TEN (10) STORIES; PROVIDING MAXIMUM BUILDING
HEIGHT IN A SECTION OF QUANTUM PARK OF ONE HUNDRED
TWENTY FEET OR TEN (10) STORIES; PROVIDING FOR MAXIMUM
BUILDING HEIGHT IN A SECTION OF QUAN~V3M PARK OF NINETY-
SIX FEET OR EIGHT (8) STORIES~ PROVIDING FOR THE FORM
OF QUESTIONS TO BE PRESENTED AT T~E REFERENDUM
ELECTION; PROVIDING EXPLANATORY~ t~ANGUAGE FOR THE
REFERENDUM; PROVIDING EOR NOTICE OF ADVERTISEMENT TO
THE SAID REFERENDUM ELECTIONS TO BE PUBLISHED IN
ACCORDANCE WITH THE CODE O~ ORDINANCES ~ND THE CHARTER
OF THE CITY OF BOYNTON BEACH, FLORIDA, AND THE STATE OF
~LORIDA ELECTION CODE; PROVIDING FOR, 1CONFLICTS;
PROVIDING FOR SEVERABILITY; PROVIDIN~FOR AN EFFECTIVE
DATE.
WHEREAS, the City of Boynton Beach, Florida has heretofore
adopted by referendum a limitation on building height now
currently set forth in Appendix A, Section 4.F.1, the zoning code
of the Code of Ordinances of the City of Boynton Beach; and
WHEREAS, the City Commission deems it in the best interest
of the citizens and residents of the City of Boynton Beach,
Florida to seek referendum for changes -to Appendix, Section
4.F.1, to permit the construction of buildings higher than the
current maximum height of forty-five (45) feet in certain
specific areas of the City.
NOW THEREFORE, BE IT ORDAINED BY
CITY OF BOYNTON BEACH, FLORIDA, THAT:
THE CITY COMMISSION OF THE
Section 1. The foregoing "WHEREAS" clauses are true and
correct and are hereby ratified and confirmed by the City
Commission.
Section 2. Appendix A, Section 4.F.1 of the Code of
Ordinances of the City of Boynton Beach shall be amended to read
as follows:
1. No portion of any structure intended to be
utilized for residential, commercial, or
industrial purposes within the municipal limits of
the City of Boynton Beach, Florida, shall exceed
the height of forty-five (45) feet above the final
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grade level of such structure, except as noted
below, and set forth herein:
A. Within the Central Business District of
the City, bounded by the Intracoastal Waterway on
the East, Southeast Second Avenue on the South,
the Florida East Coast Raii track on the West, and
the Boynton Canal on the~North, the maximum heiqht
of any structure shall be one hundred twenty (120)
feet or ten (10! ~tories, which ever is less. Area
depicted on EXhibit A as No. 1.
B. That portion of Quantum Park, the
boundaries of which are set forth on Exhibit 2
attached hereto the maximum heiqht of any
structure shall be one hundred twenty (120) feet
or ten 410) Stories~ which ever is less. Area
depicted on Exhibit B as No. 2.
C. That portion of Quantum Park, the
boundaries of which are set forth on Exhibit 3
attached hereto the maximum height of any
structure shall be ninety-six (96) feet or eiqht
(8) stories, which ever is less. Area depicted on
Exhibit B as No. 3.
D. In the event of any conflict between the
descriptions of the areas effected by this section
as set forth above and the qraphic depiction set
forth in the Exhibits hereto, the qraphic
depiction shall control.
Section 3. The Amendment of the City's Zoning Code as
set forth in Section 2 hereof, shall be submitted to the vote of
the electors of the City of Boynton Beach at the November 6, 1990
General Election. A separate ballot question shall be set forth
for each geoqraphic area set forth in Section 2 hereof.
Section 4. The titles of the Ballots and the explanatory
statements setting forth the substance of the Zoning Code
Amendment which shall appear on the Ballot shall be as follows:
Question No. 1
AN AMENDMENT TO THE CITY'S ZONING
CODE REGARDING MAXIMUM BUILDING HEIGHT
IN CENTRAL BUSINESS DISTRICT
THE CITY CODE CURRENTLY PROVIDES THAT NO STRUCTURE MAY
BE BUILT ANYWHERE WITHIN THE CITY WHICH EXCEED FORTY-
FIVE FEET IN HEIGHT. SHALL THE CITY CODE BE AMENDED TO
ALLOW STRUCTURES WITH A MAXIMUM BUILDING HEIGHT OF ONE
HUNDRED TWENTY FEET OR TEN (10) STORIES IN THE AREA
GENERALLY KNOWN AS THE CENTRAL BUSINESS DISTRICT.
~O
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Question No. 2
AN AMENDMENT TO THE CITY'S ZONING
CODE REGARDING MAXIMUM BUILDING HEIGHT
IN QUANTUM PARK/EAST
THE CITY CODE CURRENTLY PROVIDES T~AT NO STRUCTURE MAY
BE BUILT ANYWHERE WITHIN T~_E CITY WHICH EXCEED FORTY-
FIVE FEET IN HEIGHT. SMALL THE CITY CODE BE AMENDED TO
ALLOW STRUCTURES WITH A MAXIMUM BUILDING HEIGHT OF ONE
HUNDRED TWENTY FEET OR TEN (10) STORIES IN THE AREA
GENERALLY KNOWN AS THE QUANTUM PARK EAST.
YES
NO
Question No. 3
AN AMENDMENT TO THE CITY'S ZONING
CODE REGARDING MAXIMUM BUILDING HEIGHT
IN QUANTUM PARK/WEST
THE CITY CODE CTSARENTLY PROVIDES THAT NO STRUCTURE MAY
BE BUILT ANYWHERE WITHIN THE CITY WHICH EXCEED FORTY-
FIVE FEET IN HEIGHT. SMALL THE CITY CODE BE AMENDED TO
ALLOW STRUCTI/RES WITH A MAXIMUM BUILDING HEIGHT OF
NINETY-SIX FEET OR EIGHT (8) STORIES IN THE AREA
GENERALLY KNOWN AS THE QUANTUM PARK WEST.
YES
NO
Section 5. The Clerk of the City of Boynton Beach is
hereby authorized and directed to advertise the referendum
election contemplated herein in accordance with the Code of
Ordinances of the City of Boynton Beach, Florida as well as the
State of Florida Election Code.
Section 6. All ordinances or parts of ordinances,
Resolutions or parts of Resolutions in conflict herewith be and
the same are hereby repealed to the extent of such conflict only
upon passage on referendum.
Section 7. If any clause, section, or other part or
application of this Ordinance shall be held by any court of
competent jurisdiction to be unconstitutional or invalid, such
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unconstitutional or invalid part or application shall be
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considered as eliminated and so not effecting the validity of the
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4. remaining portions or applications remaining in full force and
sffect.
Section 8. Only
approved by passage of a
the referendum questions
on the November 6, 1990 Ballot
become effective and they shall become effective only
passage at the November 6, 1990 General Election.
FIRST READING this ~ day of ~E , 1990.
SECOND, FINAL READING and PASSAGE this ~/ day
/~7'., 1990.
CIT~N B~H, FLORIDA
Commissioner
ATTEST:
CITY CLE~IK
(CORPORATE SEAL)
P~B
ORDINAN4 ....
those portions of this Ordinance
majority of electors voting in favor of
shall
upon
of
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