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O85-30ORDINANCE NO. ~.~'-~) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING CHAPTER 5. BUILDINGS, HOUSING AND CONSTRUCTION REGULATIONS, ARTICLE X. PARKING LOTS, SECTION 5-144, VARIANCES TO THIS ARTICLE. (a) VARIANCES AUTHORIZED. TO PROVIDE THAT THE DOWNTOWN REVIEW BOARD SHALL TAKE THE PLACE OF THE PLANNING AND ZONING BOARD IN ALL PROCEEDINGS WITH REGARD TO APPLICATIONS FOR VARIANCES WHERE PROPERTY LIES WITHIN THE CENTRAJ~ BUSINESS DISTRICT (CBD); PROVIDING THAT EACH AND EVERY OTHER PROVISION OF CHAPTER 5. BUILDINGS, HOUSING AND CONSTRUCTION REGULATIONS, ARTICLE X. PARKING LOTS, SHALL REMAIN IN FULL FORCE AND EFFECT AS PREVIOUSLY ENACTED; PROVI~DING AUTHORITY TO CODIFY; PROVIDING A CONFLICTS CLAUSE, A SEVERABILITY CLAUSE, AND AN 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 5. BUILDINGS, HOUSING AND %CONSTRUCTION REGULATIONS, ARTICLE X. Parking Lots, Section 5-144. Variances to this Article. (a) Variances authorized, is hereby amended to read as follows: Sec. 5-144. Variances to this Article. (a) Variances authorized. The Planning and Zoning Board of the City of Boynton Beach is hereby authorized to grant variances to any section of this Article after conducting a public hearing at which any party may appear in person or through his duly authorized agent to give testimony. Where property lies within the Central Business District (CBD), as set forth in the Zoning Regulations, the Downtown Review Board shall take the place of the Planning and Zoning Board in all proceedings with regard to applications for such variances. Such variances may be granted only when the granting of same will not be contrary to the public interest, and where, owing to special conditions, a literal enforcement of the provisions of this Article would result in an unnecessary hardship, not created by the applicant or his predecessor in title, use, or possession. Section 2: Each and every other provision of Chapter 5. BUILDINGS, HOUSING AND CONSTRUCTION REGULATIONS, ARTICLE X. Parking Lots, Section 5-144. Variances to this Article. shall remain in full force and effect as previously enacted. Se'ction 3: Specific authority is hereby given to codify this Ordinance. Section 4: Ail ordinances or parts of ordinances in conflict herewith are hereby repealed. Section 5: 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 6: This Ordinance shall become effective immediately upon passage. FIRST READING this ~z~ day of ~ READING and FINAL PASSAGE this /~. day of SECOND , 1985. 1985 CITY OF BOYNTON BEACH, FLORIDA. COUNCIL ~c~ ~BE~R ATTEST-.' (Seal) COUNCIL MEMBER