O86-10 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF BOYNTON BEACH, FLORIDA, AMENDING CHAPTER
19, PLANNING AND DEVELOPMENT GENERALLY, ARTICLE
I. IN GENERAL, SECTION 19-7.COMPREHENSIVE PLAN
ADOPTED. OF THE CODE OF ORDINANCES, CITY OF
BOYNTON BEACH, FLORIDA TO AMEND ~{E TITLE THEREOF;
TO RENUMBER THE EXISTING PROVISION; AND TO ADD
PROVISIONS CONCERNING THE CONSISTENCY OF
DEVELOPMENT AND DEVELOPMENT REGULATIONS WITH
THE COMPREHENSIVE PLAN, AMENDMENTS TO THE FUTURE
LAND USE MAP, A~NDMENTS WHICH CHANGE PERMITTED
USES OF LAND, AND PROVIDING A GENERAL PROCEDURE
FOR AMENDMENTS AND ADOPTION OF THE COMPREHENSIVE
PLAN OR EVALUATION AND APPRAISAL REPORT; BY
AMENDING APPENDIX A-ZONING, SECTION 9. ADMINIS-
TRATION AND ENFORCEMENT, SUBSECTION C. DISTRICT
BOUNDARY CHANGES (REZONING). BE DELETING THE
EXISTING CODE PROVISIONS IN THEIR ENTIRETY AND
BY RE-TITLING SAID SECTION AS COMPREHENSIVE PLAN
AMENDMENTS; REZONINGS; BY PROVIDING FOR THE
INTENT OF SAID SECTION; PROVIDING GENERAL
PROCEDURES; PROVIDING FOR THE INITIATION OF
AMENDMENTS; PROVIDING FOR MATERIALS TO BE
SUBMITTED WITH APPLICATIONS; SETTING FORTH
FILING FEES; PROVIDING FOR PROCESSING BY THE
PLANNING DEPARTMENT; PROVIDING FOR A REPORT AND
RECOMMENDATION BY THE PLANNING DEPARTMENT~;
PROVIDING FOR ACTION BY THE PLANNING AND ZONING
BOARD; PROVIDING FOR ACTION BY THE CITY COUNCIL;
PROVIDING A LIMITATION ON FURTHER CONSIDERATION;
PROVIDING A LIMITATION ON CHANGES TO THE APPLICATION
AFTER THE SAME HAS BEEN SUbmITTED; PROVIDING FOR
TIME LIMITATIONS FOR THE DEVELOPMENT OF THE PROPERTY;
PROVIDING FOR MODIFICATION TO !MASTER PLANS OF
PLANNED ZONING DISTRICTS AND MODIFICATIONS TO
CONDITIONS OF ZONING; PROVIDING FOR THE MAINTENANCE
OF RECORDS OF ALL REQUIREMENTS AND LIMITATIONS
IMPOSED AT THE TI~E OF ZONING OR REZONING;
PROVIDING THAT EACH AND EVERY OTHER PROVISION OF
CHAPTER 19 PLANNING AND DEVELOPMENT GENERALLY,
ARTICLE I. IN GENERAL SHALL REMAIN IN FULL FORCE
AND EFFECT AS PREVIOUSLY ENACTED; PROVIDING THAT
EACH AND EVERY OTHER PROVISION OF APPENDIX A-ZONING
SECTION 9. ADMINIST~RATION AND ENFORCEMENT SHALL
REMAIN IN FULL FORCE AND EFFECT AS PREVIOUSLY
ENACTED; PROVIDING AUTHORITY TO CODIFY; PROVIDING
A CONFLICTS CLAUSE, A SEVERABILITY CLAUSE~AN~LAN
EFFECTIVE DATE; AND FOR OTHER PURPOSES.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF BOYNTON BEACH, FLORIDA;
Section 1: Chapter 19 PLANNING AND DEVELOPMENT
GENERALLY, Article I. In General, Section 19-7. Comprehensive
Plan adopted, of the Code of Ordinance of the City of Boynton
Beach, Florida, is hereby amended to read as follows:
Section 19-7. Comprehensive plan ~s~ee~ Adoption and
amendment.
(a) C0mprehenmive plan adopted. Pursuant to the
"Local Government Comprehensive Planning Act of 1975", Florida
Statutes, Section 163~3161 et seq., the city council hereby
declares its intent to exercise its authority to plan for the
area in its jurisdiction as granted by the act and adopts a
comprehensive plan which is attached hereto and hereby incorporate
by reference.
(b) Consistency of development and development regula-
tions ~i~h.comprehensive plan. Ail development within the city,
and all land development orders issued and land development regu-
lations adoped within the City shall be consistent with the
adopted comprehensive plan. In all cases of conflict between the
comprehensive plan and land developmen~ orders or regulatinns,
the comprehensive plan shall supercede the land development order
or regulations.
(c) Amendments to the future land use map. Ail amend-
ments to the future land use map which would require a subsequent
amendment to the official zoning map, shall not be submitted
unless accompanied by an application for rezoning to the appro-
priate zoning district. This requirement shall not apply, howeve
where amendments to the future land use map occur in conjunction
with the adoption of the comprehensive plan in its entirety,
adoption of a plan element in its entirety, or adoption of a
comprehensive plan evaluation and appraisal report. The procedur
for amendments to the future land use map shall be that which is
set forth in Section 9.C.2.a. of the zoning regulations and
paragraph (e) below, except that where such amendment occurs in
conjunction with the adoption of the comprehensive plan in its
entirety, a plan element in its entirety, or the adoption of a
comprehensive plan evaluation and appraisal report, only~the
requirements of paragraph (e) below shall apply.
(d) Amendments which change permitted uses of land.
Ail amendments to the comprehensive plan which would change the
permitted uses of land shall not be submitted unless accompanied
by a proposed amendment to 'the zoning regulations or other
appropriate land development regulations. This requirement shall
not apply, however, where such comprehensive plan amendments woul
occur in conjunction with the adoption of the comprehensive plan
in its entirety, adoption of a plan element it its entirety, or
adoption of a comprehensive plan evaluation and appra~lsal report.
For all amendments which change the permitted uses of land, the
procedure set forth in paragraph (e) and applicable sections of
Florida Statutes below ~hal.1 be followed, as well as the procedur~
for ordinance adoption generally.
(e) General procedure for amendments, including
amendments to text, adoption of entire comprehensive plan or plan
element, or adoption of evaluation and appraisal report. The
procedures and standards for all comprehensive plan amendments,
including amendments to the text of the comprehensive plan,
adoption of the plan or plan element in its entirety, or adoption
of an evaluation and appraisal report, shall conform to the
applicable procedures and standards set forth in Florida Statutes
for such amendments, and the procedure set forth in qhe City of
Boynton BeaCh Code of Ordinances for ordinance adoption generally
For amendments other than adoption of ~he comprehensive plan or
plan element in its entirety, or adoption o~ an evaluation and
appraisal report, the Planning Depa.rtment shal% review the
pKoposed amendment for consistencM with the remainder of the
comprehensive .Plan. Proposed amendments to the text of the
comprehensive plan shall be accomp, anied ~y .supporting materials
as requ~r~.d by the Planning Director. Ail proposed amendments,
~f any nature, shall then be reviewed by the Planning and Zoning
Board for internal consistency in the case of an evaluation and
appraisal report or revised comprehensive plan, or consistency
with the remainder of the comprehensive plan in the case of all
other plan amendments or revised plan elements. The Planning
and Zoning Board shall hold a public hearing, and after the
conclusion of qhe hearing, transmit a recommendation to the City
Council to either approve, approve with modifications, or dis-
approve the proposed amendment. The recommendation of the
Plannin~ and Zoning Board shall include findings as to the
consistency of the proposed plan element or plan amendment with
the remainder of the comprehensive plan, or the internal consis-
tencz of the proposed comprehensive plan or evaluation and
appraisal report.
Subsequent to the Planning and Zoning Board recommendati¢
the City Council shall evaluate the proposed amendment for internal
consistency in the case of an evaluation and appraisal report or
revised comprehensive Plan or consistency with the remainder of
~he comprehensive plan in the case of all other plan amendments or
revised plan elements. City Council shall hold a public hearing,
and after conclusion of the public hearing, vote to either approve~
approve with modifications, or disapprove the proposed amendment.
If the City Council votes to approve the proposed amendment, th~n
the Ci. ty Counqil ~hall ~nstruct the City Attorney to prepare an
ordinance to amend the comprehensive plan. The City Council shall
also instruct the City Planner to transmit a copy of the proposed
amendment to the staqe land planning agency, consistent with the
applicable requirements of Florida Statutes. Final action on the
proposed amendment shall take place only after review and approval
of the proposed amendment by the state, consistent with the Local
Government Comprehensive Planning and Land Development Regulation
Act, and shall take place only upon adoption of an ordinance to
amend the comprehensive plan. The action by the City Council shal[
include findings as to the consisten.qy of the plan element or
amendment with the remainder of the comprehensive plan, or the
internal consistency of the revised comprehensive plan or evaluation
and appraisal report.
Section 2: Appendix A-Zoning, Section 9. Administration
and enforcement, C. District Boundary Changes (Rezoning) of the
Code of Ordinances, City of Boynton Beach, Florida is hereby
amended to read as follows:
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C~ Comprehensive Plan Amendments; Rezonings.
1. Intent. These zoning regulations may from time to
time be amended, supplemented, or repealed. It is the intent of
of this subsection that the Planning and Zoning Board serve as an
advisory body~to fhe City Cohncil with respect to such amendments,
in the manner heceinset forth. Ail proposed amendments shall be
evaluated by the Planning Department, Planning and Zoning Board,
and City Council for consistency with the comprehensive plan and
shall not be approved unless found to be consistent with the
comprehensive plan. It is also the intent of this subsection that
all rezoning shall be in accordance with and serve to implement
the Local Government ComprehenSive Planning and Land Development
Regulation Act. It is intended that the applicant for a rezoning
provide information which is sufficient to determine whether the
proposed rezoning is consistent with the comprehensive plan. It i
further the intent of this subsection that, pursuant to sections
163.3194,'163.3197, 163.3201, and 163.3202, Florida Statutes, the
materials submitted by the applicant may be imposed by the City
~Council aS requirements or limitations with regard to subsequent
development of the property, and that the City Council may impose
any other requirements or limitations, in order to insure that
development of the property is consistent with the comprehensive
plan, and ensure that impacts created by the development are
mitigated. This subsection shall apply to all rezoning applicatio
and all revised master plans in the case of planned zoning districl
which are submitted after the effective date of the ordinance
containing this subsection.
2. General procedures.
a. Applications for amendments to the offic~l zonin~
map shall follow the procedure set forth in paragraphs 3 through
15 below, with the following exceptions:
(1) Where an ordinance to rezone is initiated
the City pursuant to adoption of the comprehensive
plan in its entirety, an entire plan element, or an
evaluation and appraisal report the following
exceptions shall apply:
(a) Where the ordinance to rezone would cover
a total area exceeding five (5) percent o~
the area of the City, only the requiremenl
set forth in paragraphs 3., 4.a.(4),
4.a.(5), 4. a.(6), 6., 8.a., 9., 10., 12.,
14., and 15. shall apply; hOwever, where]
the ordinanCe to rezone mhQnld cover a total
the j
area exceeding five (5) percent of
area of the City and is accomplished through
the adoption of a new official zoning m~p.
the requirements of paragraphs 4.a.(4),
4.a.(5) and 4.a.(6) shall not apply.
(b) Where the ordinance to rezone would cover
a total area which is equal to or less
than five (5) percent of the area of the
City, only the requirements set forth in
paragraphs 3, 4.a.(4), 4.a.(5), 4.a.(6),
4.e., 4.f., 6., 8., 9., 10., 12., 14.,
and 15.
(2) The requirements contained in paragraph 7.
below shall not apply for rezonings which do not
require an amendment to the future land use map and
where the subject parcel is unplatted, and shall no~
apply where rezoning is requested in conjunction
with an application for annexation, and the rezonin
would be consistent with the Palm Beach County
comprehensive plan, or where the proposed zoning
would be consistent with zoning or land use recom-
mendations contained in the City of Boynton Beach
comprehensive plan for the subject parcel. Ail
annexation app~.ications shall, however, be reviewe~
b~ the Plan~in.g DePartment with respect to the
annexation policies contained in the comprehensive
plan.
Where a rezoning application would occur pursuant to an
amendment to the future land use map, the two applications shall
processed simultaneously as a single application, except where
provided for otherwise by Section 19-7 (c) of the City of Boynton
Beach Code of Ordinances. The procedures set forth in this para-
graph shall also apply for applications to amend the future land
use plan, except where such amendments would be included as part
of the adoption of the comprehensive plan on a plan in its entiretTM
or the adoption of an evaluation and appraisal report. Therefore,
"rezoning" shall be construed to include "future land use map
amendment" in this subsection, unless a specific distinction is
made between the two terms.
b. For amendments which would change the type of uses
allowed within particular zoning districts or land use categories,
or would otherwise change the permitted uses of land, where such
amendments would occur pursuant to an amendment to the comprehens
plan, the two amendments shall occur simultaneous]v~ ~xc~pt wb~r~
provided for otherwise by Section 19-7 (4) of the City of Boynton
Beach Code of Ordinance.
c. The procedure for amending all other provisions con-
tained in the zoning regulations shall be the .same as the procedur,
for ordinance adoption generally., as set forth in Florida Statutes
and the City of Boynton Beach Code of Ordinances.
o
Initiation of amendments.
Amendments to the zoning regulations shall be initiated onl~
by the City Council, the Planning and Zoning Board, or by the
petition of the owners of fifty-one (51-) percent or more of the
area involved in the proposed amendment.
4. Mmterials to be submitted with applications.
The following materials shall be submitted, in the number
of copies specified by the Planning Director:
a. An application, on the forms provided by the Planning
Department. Such application shall include, at a
minimum, the following information:
(1) The name.~ address, and phone number of all owners,
applicants, and agents.
(2) A statement of the applicant's interest in the
development of the property.
(3) Intended use of the site.
(4) Existing zonin~district and propos ed zoning districl
(5) Existing category shOwn on the future land use map,
and proposed category.
(6) Legal description of property which is the subject
of the application.
(7) Street address or location of the subject parcel.
(8) Area of the subject parcel, to the nearest hundredth
(1/10,0) of an acre.
b. A copy of the 'last recorded warranty deed.
c. The following documents and letters of consent:
(1) If the property is under joint or several ownership
A written consent to the application by all owners
of record, and
(2) If the applicant is a contract purchaser: A copy of
the pu. rchase contract and written consent of the
owner and seller, and
(3) if the applicant is represented by an authorized
agent: A copy of the agency agreement, or written
consent of the applicant, and
(4) If~.~the applicant is a lessee: A copy of the lease
agreement, and the written consent of the owner,
(5) If the applicant is a corporation or other busines
entity: The name of the offic~ or person responsib]
for the application, and written proof that said
person has the delegated authority to represent the
corporation or other business entity, or in lieu
eo
thereof, written proof that. he is in fact an
offiger of the corporation.
A sealed boundary survey of the subject parcel by
surveyor registered in the State of Florida, dated
not more than six (6) months prior to the date of
submission of the application, at a scale prescr~
by the Planning Department, and containing the
following information:
(1) An accurate legal ~description of the subject
parcel.
(2) A computation of the total acreage of the
subject parcel to the nearest hundredth (1/%90)
of an acre.
(3) A tree survey, which conforms to the req
of the City of Boynton Beach Tree Preservation
Ordinance. This requirement may be waived by,
the Planning Director where found to be unrelat~
to the land use or zoning issues involved with
the application.
A complete certified list of ~11 property owners,
mailing addresses, and legal .escriptions for all
properties within at least four hundred (WOO)feet
of the subject parcel as recorded in the latest
official tax rolls in the c0.unty court house shall
be furnished by the applicant. Mailing labels or
addressed envelopes, and postage shall also be
provided. S~id list shall be accompanied by an
affidavit stating that to the best of the applicant
knowledge said list is complete and accurate.
f. A copy of the Palm Beach County Property Appraiser
maps showing all of '~the properties referred to in
paragraph e. above, and their releation to the
subject parcel.
A s~atement by the applicant justifying the zoning
requested, including reasons why the property is
unsuitable for development under the existing zoning
~ 'and more suitable for development under the Iproposed
z__onzng.
A comparison of the ~mpacts that would be created.by
development under the P.r0,posed zoning, with the impac
that would be created by developnmnt under the exist-
ing zoning, which shall include:
(1) A c.omParison of the potential square footage or
number and t~pe of dwelling units under the
existing zoning' with that which would be allowed
under the proposed zoning or development.
A statement of the uses that would be allowed in
the proposed zoning or development, and any
particular uses that would be excluded.
(.~3) Proposed timing_and phasing of the development.
(_4). Applications for rezonin, g to commercial or
industrial zonin~g districts which exceed one (1)
acre in area shall, providem projections for the
number of em~p[1.o_~ees. An estimate of the nUmber
of employees shall not be required, however, for
a_pplications which are initiated by the_City.
(5), A comparison of traffic which would.,.be generated
under the propqsed zoning o..r devel~ment,~with
the traffic that would be generated under the
current zoning; also, an analysis of traffic
movements at the intersections of rs .that
would serve the prgperty, and surroundin ro
and improvement that would be necessarM .to
accomodate such traffic movements. For p_~.o~p_9~e_Jd
develoPmen~ts wh~ich would._~enerate three-thousand
(3,00.0)__vehicle '~riPs~P~e~ d~ay~ or more, or two-
hundred fif~y_ (25~0) or more single-directional
vehicle trips within a one (1) hour period, a
traffic impact analysis shall be requi,red. Said
traffic impact analysis shall inc!ud__e, pro~cted
trip generation for thee developmen~t~fo_p~__al~l
major roadways and intersections within one and
one-half (1.5) miles of the subject parcel, as
well as traffic that would utilize local streets
through residential zoning districts. Said
traffic impact analysis shall compare traffic
levels between the existing zoning and the
proposed zoning or development of the subject
parcel, and shall take into consideration all
development that would be possible under the
current zoning within the City, adjacent cities,
and within the unincorporated area of Palm Beach
County within a radius of five (5) miles. For
those parcels lying in the unincorporated area
of Palm Beach County, which are not currently
zoned for urban land uses, the potential land
uses according to the Palm Beach County compre-
hensive plan shall be used. Where said parcels
are shown on the Palm Beach County comprehensive
plan under residential land use categories, the
midpoint of the density range shown on County
comprehensive plan shall be used. Where a count~-
wide study of traffic generation at build-out ha~
been adopted or is utilized by Palm Beach County,~
the levels of traffic that are projected by said
study shall in all cases be used to project back-
ground traffic in the traffic impact analysis
submitted by the applicant. The format and
standards used in the traffic impact analysis
shall be the same as those which are required by
Palm Beach County, with the exception of the
requirements listed above. Such traffic impact
analysis shall include recommendations for the
mitigation of traffic impacts, consistent with
the standards which have been adopted by or are
.u~ilized by Palm Beach County.
13.
(6)
(7)
(8)
For parcels-larger than one (1) acre, a compari-
/
son of the water demand ~or development under /
the proposed zoning or d~velopment with water
demand under the existin,
zoning. Water demand
shall be estimated using the standards adopted
by the Palm Beach County Health Department for
estimatinq such demand,
are justified by a regis~
ment to the provision oJ improvements to the watE
system shall also be inc~.uded, where existing
facilities would be inadE
ment under the proposed
For parcels larger than
son of sewage flows that
the proposed zonlnq or dE
would be generated under
Sewage flows shall be esi
ards adopted by the Palm
Department for estimatinc
different standards are
Lnless different standard
~red engineer. Commit-
'uate to serve develop-
~Dning.
,ne (1) acre, a compari-
~outd be generated unde]
Ivei~ent with that whi¢
the existi~q ~.oning.
imated using the stand-
Beach County Health
such flows, unless
ustified by a registere(
engineer..
Commitment to the provision of
improvements to the sewa(
shall also be included,
facilities would be inad(
ment under the proposed
collection system
~ere the existing
~uate to serve develop-
oning.
For proposed residential developments larger thaz
one (1) acre, a comparis¢
population under the: pro!
ment with the projected
existing zoning. PoPula~
n of .the projected
)osed zoning or develop-
opulation under the
:ion projections accord-
ing to age groups
shall be required, Wher~
dwellinqs, or 50 sleepin~
group housing, would' be
zoning.
for t]~e proposed development
more than fifty (50)
[rooms in the case of
~llowed under the propos~
14.
(9) At the request of the Planning Department,
Planning and Zoning Board, or City Council, the
applicant shall also submit proposals for mini-
mizing land use conflicts with surrounding
properties. The applicant shall provide a
summary of the nuisances and hazards associated
with development under the proposed zoning, as
well as proposals for mitigation of nuisances
and hazards. Such summary shall also include,
where applicable, exclusion of particular uses,
limitations on hours of operation, proposed
location of loading areas, dumpsters, and
mechanical equipment, location of driveways and
service entrance, and specifications for site
lighting. Nuisances and hazards shall be abated
or mitigated so as to conform to the performance
standards contained in the City's zoning regula-
tions and the standards contained in the City's
noise control ordinance.~ Also, statements con-
cerning the.height, orientation, and bulk of
structures, setbacks from property lines, and
measures for screening and bUffering the propose~
development shall be provided. At the request of
the Planning and Zoning Board or City Council,
the applicant shall also state the type of con-
struction and architectural styles that will be
employed in the proposed development.
(10.) At the request of the Planning Department,
Planning and Zoning Board, or City Council, the
applicant shall also submit the following infor-
mation:
(a) Official soil conservation service classifica
tion by soil associations and all areas
subject to inundation and high ground water
levels.
(b) Existing and proposed grade elevations.
(c) Existing or proposed water bodies.
15.
(d) Form of ownership and form of organization
to maintain commom spaces and recreational
facilities.
(e) A written commitment to the provision of all
necessary facilities for storm drainage,
water supply, sewage collection and treatmen~
solid waste disposal, hazardous waste dis
fire protection, easements or rights-of-way,
roadways, recreation and park areas, school
Sites, and other public improvements or
dedications as may be required.
(11) ?or Rezonings to planned zoning districts, the
specific requirements for submission of applicati¢
for rezoning to such districts shal.t also be
satisfied.
Furthermore, all materials required
5. Fees.
according to the fee sched~
is submitted,
City Council by resolUtion or ordinance.
6. Processing by Pian~ing Department, The
shall receive all applications, review ss
for a subdivision master plan hall also be
submitted.
Fees shall be paid at the time theft the application
completeness, and transmit copies of suc?
le adopted by the
Planning Departmen~
.ch applicatins for
applicatins to
City Clerk for public notice and/or notification of
surrounding owners. The Plannir~g Department shall
set a public hearing dare'before the Plarning and Zoning
Board, in accordance with the schedule a~.opted by the City
Council. The Planning Department or Cit}
certain period~ of time during which applications must be
submitted.
Report and recommemdations by the Planning Department: The
Planning Department shall evaluate appli¢
to the following criteria:
a. Whether the prpposed rezoning would ~e consistent with
Council may speci~
ations with respec~
applicable comprehensive plan policies. The Planning
16.
Department shall also recommend limitations or requirements
which would have to be. imposed, on subsequent.development
of the ~property, in order to comply with policies containe(
in the co]nprehensive plan.
b Whether t~le proposed rezoning would be contrary to the
establish~d land use pattern, or would create an isolated
district, lnrelated to adjacent and nearby districts, or
would conl~titute a grant of special privilege to an
individual Property owner as contrasted with the protectior
of the pu])lic welfare.
c. Whether clanged or changing conditions make. ~he proposed
rezoning tesirable.
d. Whether tie proposed rezoning would be ~compatible with
utility s,stems,, roadways, and other public facilities.
e. Whether 'tie proposed rezoning would be comPatible with
the cut.refit and future use of adjacent and nea. rby properties,
or would Lffect the .property values of adjac.entI and'nearby
propertie
f. Whether ti~e property is physically and economically
developabi~e under the existing zoning.
g. Whether t]~e proposed rezoning is of a scale which is
reasonabl, related t° the needs of th~neighborhood and
the City .s a whole.
h. Whether ti.ere are .adequate sites elsewhere in the City for
the propo:ed use-, in districts where such use is already
allowed.
The Planning Department shall transmit its findings and
recommendations, ~ogether withthe application and materials
submitted by the ~pplicant in paragraphs g. 'and h. (1) throuqh
h. (10) above to tie Planning and Zoning Board. The Planning
Director may .also solicit the comments of the Technical Review
Board members, ~i%h respect to consistency of the proposed zoning
~ith comprehensive plan policies and with respect to other City
!policies·and code requirements, and transmit same to the Planning
and Zoning Board.
17.
8. Public Notice and Notice to Surrounding Property Owners.
a. Applications for rezoning and/or land use amendments
shall be advertised consistent with applicable require-
ments of Florida Statutes.
b. Where required in Section 9.C.2.a. above~ owners of
properties within four-hundred (400) feet of the subject
parcel shall be notified as to the nature of the
application, and the address or location of the propert~
and the time, date, and place of the initial Planning
and Zoning Board and City Council hearings. Said
notification shall be by regular mail and shall be
marked not less than thirty (30) days prior to the
hearing before the Plan~ing and Zoning Board.
9. Action by Planning and Zoning Board. The Planning and
Zoning Board shall conduct a public hearing, consistent with
applicable requirements of Florida Statutes. After conducting the
public hearing, the Board shall rec(~mmend to the City Council
either that the application be approved, approved subject to modif-
ications, or denied. The Planning and Zoning Board shall base its
recommendation upon findings, which may be based-on the report by
the Planning Department, or may be based on the materials
by the applicant. If the Pl'anning and Zoning Board votes to
recommend approval of the rezoning, such findings shall include a
statement that the proposed rezoning is consistent with the
comprehensive plan. Where the Board recommends limitations or
requirements as conditions of rezon~ng, for other than planned
zoning districts, the Board shall also include a finding that such
limitations and requirements are necessary for consistency with
comprehensive plan.
10. Action by City Council. The City Council shall conduct a
public hearing, consistent with applicable requirements of Florida
Statutes. After conducting the public hearing, the City Council
shall either vote to approve the application, approve the applica-
tion subject to modifications, or deny the application. The City
Council shall base its action on findings, which may be based on
the recommendations of the Planning and Zoning Board, the report b
18.
the Planning Department, or the materials submitted by the applicant.
If the City Council votes to approve the rezoning, such findings
shall include a statement that the proposed rezoning is consistent
with the comprehensive plan. The City Council may approve any
zoning district, land use category, or type and intensity of use
which is the same as or less intensive than that which was requeste~
in the application, or which covers the same area or a lesser areal
than was requested in the application, provided that such area doesl
not extend beyond the property described in the application. The
City Council shall adopt an ordinance to amend the official zoningi
map and future land use map, ~in accordance with applicable require-I
ments of the City of Boynton Beach Code of Ordinances and Florida
Statutes. Where an amendment to the comprehensive plan is proposed
in conjunction with an amendment to the zoning regulations, the
procedure set forth in section 163.3184, Florida Statutes, for
review of such proposed amendments by the State shall also be
complied with. Where the City Council votes to impose limitations
or requirements as conditions of rezoning, for other than planned~
zoning districts, the City Council shall also include finding that
such limitations and requirements are necessary for consistency
with the comprehensive plan.
11. Limitation on further consideration. Within'one (1) year
after the date of final action by the City Council or withdrawal of
the application by the applicant, no application for like or
similar zoning may be submitted. Only an application which is
substantially less intensive may be submitted within the time
limitation specified above. For the purpose of this paragraph,
"substantially less intensive" shall mean one or more of the
following:
A less intensive zoning district, or a change to less
intensive uses: or
A decrease in the maximum height of proposed structures by
not less than one (1) story, where the proposed height of structur,
was found to be inappropriate by the City Council; or
A decrease in the area of the parcel to be rezoned, by not
less than twenty-five (25) percent; or
A decrease in the number of dwelling units by not less than
19.
twenty-five (25) percent for proposed residential zoning districts;
or
A decrease in floor area of not less than twenty-five (25)
percent, for proposed non-residential districts; or
A decrease in traffic generated of not less than twenty-five
(25) percent; or
A decrease in water consumed or sewage collected of not less
than twenty-five (25) percent.
The City Council may impose more stringent requirements than-those
listed above or impose additional requirements, for re-submission
of a rezoning application within the time period sp.eci'fied.~above.
12. Limitations on changes to application, after application has
been submitted. After notice of the public hearing has been
published o.r notification has been mailed to surrounding property
owners, .the ~apptication may~not .be modified before final adoption
of the 'ordinance to rezone, so-as to include any areas outside of
the parce~ .described on the original-application, increase the
number 'o~-intensity of 'uses, request a more intensive zoning,
increase the number or intensity of uses, request a more intensive
zoning, increase the height of proposed structures, increase
traffic levels on local streets through residential neighborhoods,
increase the floor area or number of dwellings, or substantially
increase the leVel of any measurable impact, nuisance, or hazard,
compared to that which was shown in the original application. Ail
such changes shall require a new application. Changes which decre~
any of the impacts listed above may be requested by the applicant,
recommended by the Planning Department or Planning and Zoning
Board, or required by the City Council or State of Florida, without
requiring a new application.
13. Time limitation for development of property. In the event
that no site plan is submitted and site plan approval only is
required, or the first plat it not recorded where platting is
required, or a conforming use is not established where platting or
site plan approval is n~t required, within eighteen (18) months
after final approval of. the rezoning by the City Council, the City
20.
Council shall review the zonin~ of the property and take action
as specified in paragraphs (a) or (b) below. The requirements
paragraph (a) and (b) below shall also apply where site plan
of
approval only is required and site plan approval lapses:
a. The City Council may extend the zoning of the property for
r
a period of one (1) yea or more, or may extend the zoning
f
of the property indefinitely.' I ~.deve~opment of the proper~y
e d'oes not occur b~ the end of said
in manner specified abov
time extension,, the Cit~
extensions or may take a
Council may grant additional time
't'
· Lon in accordance with paragraph
(b) below:
The City Council may instruct the City Manager to file an
application to a more restrictive zoning district and/or
future land use map category. The zoning of the property
shall be considered to be extended until final adoption of
the more restrictive zen
use category..
14. Modification to master p
modifications to conditions of
Lng district and/or future land map
~ans of p!ann~d zoning districts and
zoning.
ae
Planned zoning districts. Where such modifications are
propoSed for a planned z°ning district, inc.luding any
modifications to an approved master plan, the procedure to
be followed shall be tha~ which is specified in those
respective sections of the City of Boynton Beach Code of
Ordinances.
b. Modifications to requirel
time of rezoning, for co
Where changes are propos
tations which were i~os
conventional zo
review and
Planning and Zoning
Approval of such chan
that such chanqes are
comprehensive plan po
proposed change, and
substantial so as to
uents or limitations imposed at
~ventional zoning districts.
~d to the requirements and limit-
ed at the time of rezon.ing in a
~t, such changes shall require
by the Planning Department and
and approval by the City Council
shall be accompanied by a finding
accord with all regulations and
in effect at the time of the
such changes are not sufficiently
a new rezoning application.
The determination of what con'stitUtes a substantial change
shall be within the discre~i0n of .the City Council, however, any
proposed change that Would increase the number of stories~ or that
would increase the amount of water consumed, the amount of sewage
collected, or the amount of traffic generated by more than ten (10
percent, or that would create commercial or industrial uses where I
not established by previously approved zoning, or that would increase
the area of property zoned, shall in all cases require a new zonin¢
application.
15. Record of requirements and limitations imposed at time of
zoning or rezoning. The Planning Department shall keep records
of all requirements and limitations imposed at the time of rezoning
and shall transmit a copy of same to the applicant, and make same
available for inspection by the public.
Section 5:
this Ordinance.
Section 6:
Section 3: Each and every Other provision of Chapter 19
PLANNING AND DEVELOPMENT GENERALLY, Article I. In general, not
amended hereby shall remain in full force and effect as previously
enacted.
Section 4: Providing that each and every other provision
of Appendix A-Zoning, Section 9 Administration and enforcement, shall
remain in full force and effect as previously enacted.
Specific authority is hereby given to codify
Ail other ordinances or parts of ordinances in
conflict herewith are hereby repealed.
Section 7: Should any section or provision of this Ordinance
or any portion hereof be declared by a court of competent juris-
diction to be invalid, such decision shall not affect the remainder
of this Ordinance.
Section 8: This Ordinance shall become effective immediately
upon passage.
22.
, 1986.
day of
ATTEST:
CITY OF BOYNTON BEACH, FLORIDA
M~A~OR
COUNCIL MEMB~
( SEAL )
23.