07-034
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ORDINANCE NO. 07- 02>'t./
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA AMENDING
CHAPTER 26, "WATER, SEWERS AND CITY
UTILITIES", AMENDING SECTION 26-34, "CAPITAL
FACILITIES CHARGES AND CONNECTION
CHARGES", PARAGRAPH (A), "CAPITAL FACILITIES
CHARGE IMPOSED", TO EXEMPT OUTDOOR
RESTAURANT SEATING FROM THE PAYMENT OF
WATER AND SEWER CAPITAL FACILITIES
CHARGES; AND PROVIDING FOR CONFLICTS,
SEVERABILITY, CODIFICATION AND AN EFFECTIVE
DATE.
WHEREAS, the City of Boynton Beach Code of Ordinances currently imposes a
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water and/or sewage capital facilities charge on properties within the City's water and sewage
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service area that receives water and/or sewage service from systems owned or control by the
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City; and
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WHEREAS, the capital facilities charge is designed to cover the cost of existing or
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additional raw water production facilities, water treatment facilities and water distribution
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facilities together with sewage transmission facilities either existing or additions and
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improvements thereto which will be utilized by the City to provide water and sewer service to
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said property; and
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WHEREAS, the City Commission of the City of Boynton Beach seeks to promote the
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use of outdoor seating at restaurants within the City's service area; and
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WHEREAS, the City Commission of the City of Boynton Beach finds that by
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eliminating the capital facilities charge for the use of outdoor seating at restaurants within the
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City's service area will encourage the use of such outdoor seating at area restaurants, rather
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than indoor seating; and
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and adoption.
FIRST READING this ~ day of Dc,roseR., 2007.
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SECOND, FINAL READING AND PASSAGE this
Nov'ember ,2007.
ATTEST:
.~
13
day of
CITY OF BOYNTON BEACH, FLORIDA
~V1~
~ yor
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WHEREAS, City Commission ofthe City of Boynton Beach deems it to be in the best
2 interest ofthe citizens and residents of the City to eliminate the capital facilities charge for the
3 use of outdoor seating at restaurants within the City's service area.
4 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
5 THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
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Section 1.
Each Whereas clause set forth above IS true and correct and
7 incorporated herein by this reference.
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Section 2.
That Chapter 26, entitled "Water, Sewers and City Utilities", Article II,
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Section 26-34, is hereby amended in part by amending paragraph (A) as follows:
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Sec. 26-34
Capital facilities charges and connection charges.
(A) CAPITAL FACILITIES CHARGE IMPOSED. When property
receives water and/or sewage service from systems owned or controlled by the city,
the owner of such property shall pay unto the city a water and/or sewage capital
facilities charge as follows:
(1) Water:
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* * *
(2)
Sewage
* * *
Said capital facilities charge is designed to cover the cost of existing or additional raw
water production facilities, water treatment facilities and water distribution facilities
together with sewage transmission facilities either existing or additions and
improvements thereto which will be utilized by the city to provide water and sewer
service to said property. Said capital facilities charge shall be paid or in part credited if
appropriate upon the issuance of the first building permit issued on the owner's
property and shall be computed based upon the rate in effect upon that date.
A capital facilities charge shall not be assessed to restaurants for temporary outdoor
seating on private property as long as said outdoor seating does not exceed 50% ofthe
total customer seating provided by the restaurant at that location. All outdoor seating
at restaurants located within a mixed-use proiect approved within a mixed-use zoning
district in the Community Redevelopment Area, or restaurants located within a public
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building or the Public Usage Zoning District are exempt from the capital facilities
charge.
Tcmportlry shall be defined as tables and seating arranged and utilized during
the months of November through April, commonly rcferred to as the "seuson." Tables,
chairs und benches utilized for temporary seating shall be removed and stored during
the months of May through October. Any permissible manent outdoor restaurant
seating shall not be assesscd a capital facilitios charge. An)' pem1issible pennanent
indoor seating whether indoors or outdoors, shall continue to be assessed capital
facilities charges. Under no circumstances shall any permanent or temporary seating
be located partially or completely within required parking spaces, easements, fire
lanes, access aisles, or the public right-of-way~ except with city approval and in accord
with city regulations.
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For the purposes of this ordinance, "outdoor seating" is defined as any customer
seating placed outside (exterior) of the fixed and permanent walls of the building
where the restaurant is located.
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For properties located within the community redevelopment area that are assessed
capital facilities charges pursuant to this section, the capital facilities charge may be
paid in full prior to or at the time of building permit issuance or on an installment
basis, without interest, for an amortization period not to exceed eighteen (18) months
from building permit issuance. Should the installment payment option be utilized,
charges will be billed on a monthly basis, and the property shall only be credited for
the value ofthat portion of the capital facilities which has been paid.
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Section 3.
Each and every other provision of Chapter 26, not herein specifically
27 amended shall remain in full force and effect as previously enacted.
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Section 4.
All ordinances or parts of ordinances in conflict herewith be and the
29 same are hereby repealed.
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Section 5.
Should any section or provision of this ordinance or portion hereof, any
31 paragraph, sentence or word be declared by a court of competent jurisdiction to be invalid,
32 such decision shall not affect the remainder of this ordinance.
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Section 6.
Authority is hereby granted to codify said ordinance.
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Section 7.
This ordinance shall become effective immediately upon its passage
S:\CA\Ordinances\Capital Facilities Charges (Outdoor Seating)103007.doc
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