O87-10ORDINANCE NO. 87-/0
AN ORDINANCE OF THE CITY OF BOYNTON
BEACH, FLORIDA, DECLARING A TEMPORARY
MORATORIUM UPON APPLICATION FOR AND
ISSUANCE OF BUILDING PERMITS FOR THE
CONSTRUCTION OR ALTERATION OF BUILDINGS
AND STRUCTURES BETWEEN THE WESTERN
BOUNDARY OF THE CENTRAL BUSINESS
DISTRICT OF THIS CITY AND THE WESTERN
CITY LIMIT ALONG BOYNTON BEACH
BOULEVARD; MAKING LEGISLATIVE FINDINGS
OF FACT; DECLARING LEGISLATIVE INTENT
AND PURPOSE; PROVIDING DEFINITIONS;
DECLARING A MORATORIUM ON APPLICATIONS
FOR AND APRROVALS OF SUBDIVISION PLATS,
REPLATTING OF FORMERLY PLATTED PROPERTY
AND PLANNED UNIT DEVELOPMENTS ALONG
BOSTON- BEACH BOULEVARD; DECLARING A
MORATORIUM ON PETITIONS: FOR ZONING AND
REZONING OFPROPERTY ALONG BOYNTON BEACH
BOULEVARD; DECLARING CERTAIN EXCEPTIONS;
PROVIDING FOR THE PROCESSING, HEARING
AND ADMINISTRATIVE DISPOSITION OF ALL
PENDING APPLICATIONS AND PETITIONS
EFFECTED HEREBY; PROVIDING FOR
VARIANCES; ESTABLISHING THE BOYNTON
BE~CH PLANNING AND ZONING BOARD AS A
SPECIAL VARIANCE BOARD WITH ADVISORY
POWERS ONLY; ESTABLISHING A PROCEDURE
FOR VARIANCE APPLICATIONS AND THE
CRITERIA UNDER WHICH VARIANCES MAY BE
GRANTED; PROVIDING FOR FINAL DECISIONS
BY THE~ CITY COMMISSION UPON VARIANCE
APPLICATIONS; PROVIDING FOR AUTOMATIC
DATE;
AND FOR
OTHER PURPOSES.
W/{EREAS, the Florida Department of Transportation
(hereinafter DOT) is about to construct~.i~e~.~t.e~hange~at
the intersection of BOynton Beach Boulev&rd ~and Florida's
Turnpike; and
W~RREAS, DOT has funded a new bridge crossing the
Intracoastal Waterway at Boynton Beach Boulevard; and
W~RREAS, many buildings and structures along Boynton
Beach Boulevard are old and do not reflect the future use of
land; and
W~RREAS, DOT is considering median reconstruction along
Boynton Beach Boulevard; and
W~RREAS, the City's Zoning Code does not provide for
site design requirements which are different in kind from
code requirements on streets less prominent than Boynton
Beach Boulevard; and
W~RREAS, the depth of commercial zoning along Boynton
Beach Boulevard does not allow for development consistent
with the character of Boynton Beach Boulevard; and
W~RREAS, the changing market conditions along Boynton
Beach Boulevard suggest a need for further study; and
W~EREAS, specific architectural and landscaping
guidelines are desirable in order to add to the character
and significance of Boynton Beach Boulevard; and
WHEREAS, traffic impact is a serious concern along
Boynton Beach Boulevard; and
WRE-~, the location of turn-outs, median cuts, turn
lanes and traffic signals require additional analysis along
Boynton Beach Boulevard; and
WHE~, drainage problems exist on West-Boynton Beach
Boulevard; and
W~EAS, vacancy rates and future projections for
office and retail floor space deserve further study; and
WHEREAS, it is desirable to maintain the quality of
life in existing and proposed residential areas along
Boynton Beach Boulevard; and
WHEREAS, conflicting land uses along BoyntOn Beach
Boulevard may result in traffic safety problems; and
WHEREAS, the City of Boynton Beach currently has in
effect zoning district and subdivision regulations which
provide land use and development regulations to promote
health, safety, morals and general welfare of the city; and
WHEREAS, there are likely to be inconsistency's between
the existing zoning district and subdivision regulations and
the future development needs along Boynton Beach Boulevard;
and
WHEREAS, the City Commission finds and declares a need
to suspend temporarily the future development of all
properties along the Boynton Beach Boulevard corridor, as
described in this Ordinance, in order to review such
properties and proposed development in order to permit,
including both the construction of new buildings and
structures and the alteration of existing buildings and
structures, which does not jeopardize the integrity of the
emerging development along Boynton Beach Boulevard.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION
OF THE CITY OF BOYNTON BEACH, FLORIDA,,~~ ....
Section 1: Legislative Findings of Fact. The City
Commission of the City of Boynton Beach, Florida, finds and
declares that:
1. Ail of the statements set forth in the preamble to
this Ordinance are true and correct.
2. Fbr said reasons, there exists a need to impose a
temporary moratorium as set forth hereinbelow in order to
avoid the frustration and defeat of the policies and
objectives necessarily to be developed for the harmonious
and beneficial development along Boynton Beach Boulevard.
Section 2: Intent and Purpose. It is the purpose
and intent of this Ordinance to promote the health and
general welfare of the City of Boynton Beach, Florida and to
facilitate the adequate provision of transportation and
other public requirements. It is the further purpose and
intent of the City Commission to impose a temporary
moratorium on the activities set forth and described herein,
2
Section 3: Moratorium Boundaries. This Ordinance
shall be applicable to all zoning districts fronting upon
Boynton Beach Boulevard westerly of the Florida East Coast
Railway Right-of-Way (the western boundary of the Central
Business District) and easterly to the western City limits.
Section 4: Moratorium Declared. As to any real
property located in whole or in part within any zoning
category which fronts on Boynton Beach Boulevard, westerly
from the boundary of the Central Business District, and
easterly to the western City limit, there is hereby declared
to be a moratorium On:
1. The acceptance of applications for, the processing
of, and the issuance of building permits for the
construction or alterations of buildings and structures.
2. The acceptance of applications for and the
approval of subdivision plats, including the replatting of
formerly platted properties.
3. The acceptance of applications for and the
issuance of master plan or plat approval for planned unit
developments.
4. The acceptance of
approval of petitions for
property.
applications for and the
the zoning and rezoning of
Section 5: Exceptions.
shall not be applicable to:
Section 4 of this Ordinance
1. Any application for a building permit which was
filed prior to April 22, 1987.
2. Any application or petition for any subdivision
plat approval, planned unit development approval, or zoning
or rezoning of property which was filed prior to April 22,
1987.
3. Any application or petition for a building permit
to repair buildings and structures accessory to existing
primary use buildings and structures.
4. Any petition of the City or its duly designated
agents or assigns for a building permit.~ · .....
5. Any petition of the City Commission or the
Planning and Zoning Board for the zoning or rezoning of
property.
6. Provided that any application or petition
described in this Section shall be found to conform with all
applicable building codes, life safety codes, zoning and
subdivision requirements of the City prior to approval.
'Section 6: Variances. A variance from the strict
application of Section 4 of this Ordinance may be granted by
the City of Boynton Beach, Florida, in accordance with the
procedures hereinafter established, in cases where it is
determined either that the strict application of Section 4
would cause unique and unnecessary hardship upon the
applicant, or that the specific proposed use or uses in the
area, yard, height or other specific details of the proposed
development are consistent with the future development of
Boynton Beach Boulevard:
1. The Boynton Beach Planning and Zoning Board is
hereby designated as a special variance board to hear
applications for a grant of variance from the strict
application of Section 4 of this Ordinance and recommend to
the City Commission final action thereon.
2. Any property owner desiring to obtain a variance
hereunder shall apply in writing to the special variance
board, directed to the attention of the Planning Director.
Applications shall not be required to be in any particular
form, but shall contain a full and complete statement of all
special facts and circumstances which are relied upon by the
applicant as consisting grounds for the issuance of a
variance.
3. Prior to review of the application by the special
variance board, the technical review committee will review
the application and make recommendations to the City
Manager, who will then forward a report and recommendation
to the special variance board.
4. In considering requests for variances from the
strict application of Section 4, the technical review
committee and the City Manager will review the application
to determine whether or not approval of the application will
significantly allow development to take place which is
likely to be incompatible with the future development of
Boynton Beach Boulevard. In addition, the technical review
committee shall review the technical consistency of the
application with the City Code and make comments
accordingly.
5. The Board shall schedule and conduct a public
hearing upon all such applications as soon as practicable,
and shall promptly render its decision thereon in the form
of a written resolution to the City Commission recommending
final action thereon.
6. The recommendations of the special variance board
shall be advisory only, and the final decision thereon shall
be made by the City Commission of the City of Boynton Beach.
Recommendations of the special variance board shall be
promptly forwarded to the City Commission in order to appear
on the agenda of the regular or special City Commission
meeting scheduled to be held within thirty (30) days after
rendition of the recommendations of al variance
board. The City Commission shall take prompt action to
consider all such recommendations presented to it and shall
either accept, accept with modifications, or reject the
recommendations of the board.
7. In considering any requests for variances from the
strict application of Section 4 on the grounds of hardship,
the special variance board of the City Commission shall
examine the effect of any special circumstances causing
unique and unnecessary hardships hereunder; and shall
evaluate the time, effort and expenditure of the applicant
or his agent therefor that has been devoted to securing a
building permit, subdivision plat or replat, planned unit
development or request for zoning change and any city
department approvals on any procedural steps or processes
prior to the enactment of this Ordinance.
Section 7: Automatic Repeal; Suspension of
Conflicting Ordinances and Resolution. This Ordinance shall
stand repealed as of 11:50 P.M. on the 22nd day of July,
1987, provided that nothing herein shall prevent the
readoption or ratification of this Ordinance in the same or
similar form. During the effective period of this
Ordinance, all other Ordinances and Resolutions of the City
of Boynton Beach or portions thereof in conflict with this
Ordinance are declared to be suspended to the extent of such
conflict.
Section 8: Effective Date. This Ordinance shall
take effect immediately upon adoption.
Section 9: 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 effect the remainder of this Ordinance.
1987.FIRST READING this ~ day of ~ ,
SECOND, FINAL READING and PASSAGE this /~ day of
/~/~ , 1987.
ATTEST:
CiG Clerk ~/~FT'
'~.( d~or~porate Seal )
CITY OF BOYNTON BEACH, FLORIDA
Vice ~ay6r
Commiss foner~-