O95-45 ORDINANCE NO. O95-
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA AMENDING
SECTION 6 OF CHAPTER 2 OF THE LAND
DEVELOPMENT REGULATIONS TO ALLOW
CONSTRUCTION OF ALL USES ENUMERATED AND
PERMITTED IN THE CENTRAL BUSINESS DISTRICT
WHICH SHALL INCLUDE BUT NOT BE LIMITED TO,
HOTELS, MOTELS, CONDOMINIUMS, APARTMENTS,
OFFICES, FINANCIAL INSTITUTIONS, EATING AND
DRINKING ESTABLISHMENTS, ENTERTAINMENT AND
RECREATIONAL USES, RETAIL USES AND
TRANSPORTATION USES AND ANY MIXED USE
COMBINATION THEREOF SHALL BE PERMITTED TO BE
CONSTRUCTED IN EXCESS OF FORTY-FIVE (45) FEET
IN HEIGHT; PROVIDING FOR APPROVAL FOR SUCH
CONSTRUCTION AS A CONDITIONAL USE; :PROVIDING
FOR CONFLICTS, SEVERABILITY, CODIFICATION AND
AN EFFECTIVE DATE~
WHEREAS, the City Commission has determined that the forty-five (45) foot
height limitation constitutes a significant deterrent to development within the Central
Business District; and
WHEREAS, the City Commission of the City of Boynton Beach, Florida has
determined that it is in the best interests of the citizens and residents of the City to
allow for the construction and use of structures in excess of forty-five (45) feet provided
such use is first evaluated and approved as a conditional use; and
WHEREAS, it is the intent of the Commission in enacting this ordinance to
specifically override the forty-five (45) foot height limitation set forth in Section 4F of
Chapter 2 of the Land Development Regulations.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section 1. Chapter 6E of Chapter 2 of the Land Development Regulations is
hereby amended to include a new sub-section 8 which shall read as follows:
8. Structures in Excess of FortT_-five.(45) feet in Height.
Notwithstan~iing the height limitations referenced in
Section 4F of Chapter 2 of the Land Development Code
of the City of Boynton Beach, Florida, all uses
enumerated and permitted in the Central Business
District, according to the Code of Ordinances which
shall include but not be limited to hotels, motels,
condominiums, apartments, offices, financial
institutions, eatino and drinking establishments.
entertainment and-recreational uses, retail use and
transportation use or any structure containing a mixed
use thereof, shall be permitted to be constructed in
excess of forty-five (45) feet in height, but not to
exceed 1 O0 feet, provided su ch use is evaluated and
approved as a conditional use. Mechanical equipment
which exclusively serves the .strtJcture shall not be
included in the calculations of height,
Section 2. Each and every other provision of Chapter 2 not herein specifically
specifically amended shall remain in full force and effect as previously enacted.
Section 3. All ordinances or parts of ordinances in conflict herewith be and
the same are hereby repealed.
Section 4. 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 5. Authority is hereby given to codify this Ordinance.
Section 6 This Ordinance shall become effective immediately upon
passage.
FIRST READING this ~/ day of November, 1995.
SECOND, FINAL READING AND PASSAGE this /x-~ day of December,
1995.
CITY OF BOYNT~BEACH, FLORIDA
missioner
ATTEST:
~City~Clerk
Height. Oral
11/17/95