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O87-20 ORDINANCE NO.~ AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING CHAPTER 19 PLANNING AND DEVELOPMENT GENERALLY, ARTICLE III. COMMUNITY APPEARANCE BOARD, SECTION 19-43; BY PROVIDING FOR REVIEW OF PROJECTS WITHIN THE CENTRAL BUSINESS DISTRICT; BY AMENDING ARTICLE IV. DOWNTOWN REVIEW BOARD, SECTIONS 19-50 THROUGH AND INCLUDING 19-54; BY DESIGNATING THE MUNICIPAL PLANNING AND ZONING BOARD AS THE DOWNTOWN REVIEW BOARD; BY DELETING APPOINTMENT, TERMS, VACANCY AND REMOVAL PROVISIONS; BY DESIGNATING THE CHAIRPERSON AND VICE-CHAIRPERSON OF THE DOWNTOWN REVIEW BOARD; BY AMENDING QUORUM REQUIREMENTS; PROVIDING A CONFLICTS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING AUTHORITY TO CODIFY; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA: Section 1. That Section 19-43 of the Code of Ordinances is amended by adding the words shown in underlined type and by deleting the words in struck-through type as follows: Sec. 19-43. commission. Review and recommendations to ee~e~ (a) The community appearance board shall review the plans and specifications as described and defined in section 19-44 and then make its recommendation to the city commission. Such plans and specifications as the community appearance board may deem necessary for compliance with the intent of this article and for the promotion of the public health, safety, morals and general welfare, and shall include consideration of whether the plans and specifications are in compliance with the following criteria: %a}(1) The proposed use, buil~.~or~ ~.'is in harmony and generally compatible with the standards of architecture, beauty and other aesthetic considerations as ~established in the community design plan. %b}(2) The proposed use, building or structure is in harmony with the uses and structures on adjacent and nearby properties as to landscaping, preservation and maintenance of beauty, reforestation, open space, greenery and other aesthetic features of the immediate and neighboring areas. %e~(3) The proposed use, building or structure is generally compatible and in harmony with the adjacent and neighboring areas as to the existing conditions of buildings and other structures, parking facilities, streets and highways, lakes and other waterways, ocean frontage, marinas, parks and recreation facilities, lighting, utilities, and all flora. %~}(4) The economic effects of the proposed use, building or structure shall not adversely affect adjacent and nearby properties and properties generally in the public interest. (b) The community appearance board shall review the plans and specifications as described and defined in Section 19-60 and then make its reco. a.endation to the community redevelopment agency. Such plans and specifications as the community appearance board may deem necessary for compliance with the intent of this article and for the promotion of the public health, safety, morals and general welfare, and shall include consideration of whether the plans and specifications are in criteria: compliance with the following (1) The proposed use, building or structure is in harmony and generally compatible with the standards of architectural design, landscape design and other aesthetic considerations established in the community redevelopment plan, and the architectural and landscape design guidelines. Section 2. That Section 19-50 of the Code of Ordinances is amended by adding the words shown in underlined type and by deleting the words in struck-through type as follows: Sec. 19-50. Board establishment; memBersh~p~ %a}--A -dewntewn -rev&ew -Beard -&s -hereby -estah~&she~ wh&eh-sha~-eens~st-e~-~ve-%~-regular-members-and-three ~-a~ternate-memBersv- %B}--At -~east -twe -%~} -re§~ar -members -e~ -the -beard sha~--~e areh~teetsT--~a~seape--areh~teets--an~--~r~a~ p~ammers?-whem-pess~e=, %e}--~aeh-re~ar-an~-a~ternate-Bear~-member-sha~-Be-a res&demi-e~ -the -e&ty?-and -ene -~ -re§~ar-memBer-e~-the Beard7 -when -p~ss~B~e~ -sha~ -Be -a -B~s~ness -~w~er -~m -the The municipal planning and zoning board created pursuant to Section 19.1 of the Code of Ordinances of the City of Bo~nton Beach is hereby designated as the downtown review board for purposes of this article. Section 3. That Section 19-51 of t~de-of Ordinances is amended by adding the words shown in underlined type and by deleting the words in struck-through type as follows: Seet&en-~9-~?-Appe&m~memt~ -termsy -f&~&m~ -vaeame&esz ~a~--~mhe-dewmtewm-re~&ew-~eard-s.ha~-~e-eempese~-e~v ~--Twe-+R~-membe~s-e~-the-p~amm&m§-an~-zem&m§-Bear~ t~-sha~-he~d-e~&ee-as-a-re~ar-memBer-amd-ene ~--Twe-+R~-members-e~-the-eemm~m&ty-,appearanee-Be,ard- appe~nted-~y-the-eemm~m~ty-a~earamee-~ear~v-Gme %~}-sha~-he~d-e~&ee-as-a-re~ar-memBer-an~-ene ~-sha~-he~d-e~ee-as-an-a~te~na~e-mem~er=- re~e~e~epment-a~eneyr--Three-%~-sha~-h~-e~-~ee as-re~a~-members-and as-an-a~terna~e-memberr 2 ~e§~ar-am~-a~e~ma~e-mem~ers-~em-~he-~amm&m~-am~-zem&m~ ~ear~-am~-eemm~m&~f-aDDearamee-~ear~-s~a~-he~-~ee ~he-~a~amee-ef-~he~r-~e~ms-as-~amm~m~-amS-zem~m~-bea~-am~ eemm~m&~l~-aDDea~amee-Bea~-mem~ers? eemm~m&~-re~e~e~e~mem~-a~emey~-cae-~-re~ar-mem~e~-am~ eme-%~}-a~erma~e-memBer-sha~-~e~-e~&ee-~er-a-eme-year ~d+--~he -e~y -eeame~ -sha~ -~ave -Dewer -~e -~&~& -amy vaeame~-wh~eh-eeears-em-~he-dewmtewm-rev~ew-Beard-~-&~-has net-Been-~ed-w~th~m-thi~rt~-6Fg~-daysv--~he-e~ty-ee~ne~ sha~ -have -pewer -re -remeve -any -memBer -e~ -the -Beard -~er ~a~sev Section 4. That Section 19-52 of the Code of Ordinances is amended by adding the words shown in underlined type and by deleting the words in struck-through type as follows: Sec. 19-52. Officers; meetings. a --v~ee-eha~rpe.rsen --~e --preside --at --mee%~a~s? --and The chairperson and vice-chairperson of the planning and zonin9 board shall be the chairperson and vice-chairperson of the downtown review board, the 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. All meetings shall be arranged when needed or required. All meetings shall be held in the city hall and be open to the public. Section 5. That Section 19-53 of the Code of Ordinances is amended by adding the words shown in underlined type and by deleting the words in struck-through type as follows: Sec. 19-53. Procedures; quorum and vote required; records. The downtown review board shall adopt rules and regulations for the conduct of its business. Four (4) members of the board shall constitu~ a. quorum, a~d -the aet&em-%a~em-By-the-Beard in connection with disposition of matters coming before the 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. Section 6: That Section 19-54 of the Code of Ordinances is amended by adding the words shown in underlined type and by deleting the words in struck-through type as follows: Sec. 19-54. Directly accountable commission; review and recommendations. to ee~me&~ (a) The downtown review board shall be directly and completely accountable to the ee~ae~ co~m. ission. (b) The board shall review public and private redevelopment plans and specifications for the central business district (CBD) and then make its written recommendations to the community redevelopment agency. Such recommendations may include any appropriate changes in plans and specifications as the board may deem necessary for compliance with the intent of the community redevelopment plan, the zoning, parking, landscape and sign ordinances, the design guidelines for the CBD, and for the promotion of the public health, safety, morals and general welfare. The reconm]endations shall include consideration of whether the plans and specifications are in compliance with the following criteria: (1) The proposed use, building or structure is in harmony and generally compatible with the city's comprehensive plan~a~ --w~th --the ~es~§~--am~--e~the~--aes~he~e estab~she~ -~ -the -e~mm~y -~e~e~e~pment p~an7 -a~ -the -a~eh~eet~a~ -a~ -~a~seape ~es~§m-g~e~nes= (2) The proposed use, building or structure is in harmony with the adjacent and nearby properties which conform to the community redevelopment plan for the CBD. (3) Construction of the proposed use, building or structure can be initiated within one (1) year of the date of approval. (4) The proposed utility services will be adequate to serve the proposed use, building or structure. (5) The economic effects of the proposed use, building or structure shall not adversely affect properties in the community redevelopment area and shall not adversely affect the public interest. Section 7: That all ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed. Section 8: Should any section or provision of this ordinance or portion hereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the remainder of this ordinance. ~ Section 9: ordinance. Authority is hereby granted to codify said Section 10: This ordinance immediately upon passage. shall become effective FIRST READING this day of 1987. 4 ' , 1987. ATTEST: City ~erk' (Corporate Seal) /~day of CITY OF BOYNTON BEACH, FLORIDA Vice ~[yor Co~sioner // ' Commissioner