08-001
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ORDINANCE NO. 08- 00 /
2 AN ORDINANCE OF THE CITY COMMISSION OF THE
3 CITY OF BOYNTON BEACH, FLORIDA
4 AMENDING LAND DEVELOPMENT REGULA TIONS
5 ARTICLES I AND II TO TRANSFER LAND
6 DEVELOPMENT REVIEW RESPONSIBILITIES FROM
7 THE COMMUNITY REDEVELOPMENT AGENCY TO
8 THE PLANNING AND DEVELOPMENT BOARD,
9 AMENDING ARTICLE I IN P ART AND DELETING
10 ARTICLE II IN ITS ENTIRETY PROVIDING FOR
11 CONFLICTS, SEVERABILITY; CODIFICATION AND
12 AN EFFECTIVE DATE.
13 WHEREAS, the City Commission has determined that it would facilitate the review
14 of applications for Development Orders to consolidate all advisory review to the City's
15 Planning and Development Board. This consolidation will eliminate duplicate review by the
16 members of the City Commission who serve in the dual capacity of City Commission and
17 ~ommunity Redevelopment Agency; and
18 NOW THEREFORE, IT IS HEREBY ORDAINED BY THE CITY COMISSION
19 OF THE CITY OF BOYNTON BEACH FLORIDA, THAT:
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Section 1.
Each Whereas clause set forth above IS true and correct and
21 ~ncorporated herein by this reference.
22 Section 2.
23 as follows:
Article I. General, of the Land development Regulations are amended
24 Section 1. Planning and development board-Establishment and composition.
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A. A City of Boynton Beach Planning and Development Board is hereby created and
btablished, consisting of seven (7) regular members and two (2) alternate members appointed
~y the City Commission of the City of Boynton Beach, Florida.
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B. The mayor and City Commission shall appoint the members of the j)~lanning and
Development bBoard in accordance with the appointment procedures followed by the
Commission. The nomination shall be subject to the confirmation of a majority vote of the
ity Commission.
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1 C. All members of the planning and development board must be residents of the City of
2 !Boynton Beach, Florida.
3 D. The commission in appointing members to the planning and development board shall
4 give preference, when possible, to design professionals licensed in the disciplines of
5 0 ~rchitecture, landscape architecture, landscape design and planning.
6 , E. The authority, functions, po'.vers and duties of the Planning and Devclopmcnt Board
7 ps hereinafter set forth in this Chapter shall, within the boundaries of the Community
8 !Redevelopment Area, be vested in and be performed by the Community Redevelopment
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12 ~he Community Redevelopment Area.
13 Section 4. Advisory authority, functions, powers, and duties.
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A. The planning and development board shall have the authority and duty to consider
~nd recommend upon applications for land development activity, as hereinafter set forth, after
lfirst considering the recommendations thereon of the city staff. plaHning aHd zoniHg
~epartment~, and after a In making its recommendations to the City Commission the Board
~hould consider the impact of the proposed development activity and whether or not the
evelo ment will detcrmination of fact that application '.vill not generate excessive noise or
raffic; tend to create a fire, disease or other equally or dangerous hazards; provoke excessive
pvercrowding or concentration of people or population; be in harmony and compatible with
~he present and future developments of the area concerned; conserve the value of buildings
fond encourage the most appropriate use of land and water; provide adequate light and air;
romote such distribution of population and such classification of land uses, development and
tilization as will tend to facilitate and provide adequate provisions for public requirements,
.ncluding, but not limited to, transportation, water flowage, water supply, drainage sanitation
~ducational opportunities, recreation, soil fertility, environmental protection, and food
rUPPlies; prohibit wasteful and excessive scattering of population of settlements; conform to
he character of the district and its particular suitability for particular uses; be consistent with
he needs of the city for land areas for specific purposes to serve population economic
ctivities; protect the tax base; facilitate and carry forward the intent and purpose of the city's
omprehensive plan; would not be disruptive to the character of the neighborhood or adverse
o play grounds, parks, schools and recreation areas; would not be adverse to the promotion of
ublic health, safety, comfort, convenience, order, appearance, prosperity or general welfare.
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B. The planning and development board shall have all powers heretofore vested in the
lanning and zoning board and the community appearance board.
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C. The planning and development board shall be responsible for all duties heretofore
arried out by the planning and zoning board and the community appearance board.
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1 D. All references in the Land Development Regulations of the City of Boynton Beach to
2 the planning and zoning board or to the community appearance board shall hereinafter be
3 construed to mean the Planning and Development Board.
4 E. Provide recommendations to the community redevelopment agency for matters
5 !related to the central business district.
6 1. The board shall have the power to issue nonbinding recommendations to the
7 community redevelopment agency on matters specifically referred to it by the community
8 !redevelopment agency.
9 2. The board shall have no other powers with respect to the central business district
10 and the community redevelopment agency unless specifically granted or assigned by the City
11 Commission.
12 3. All administrative staff and any other staff support for the duties of the board as set
13 forth in this subsection shall exclusively be provided by the City of Boynton Beach
14 Department of Community Improvement under the direction and supervision of the city
15 manager.
16 Sec. 4.1. Quasi Judicial "^~uthorityAdvisory , functions, powers, and duties.
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A. The Planning and Development Board shall have the authority and duty to hear and
make recommendations to the City Commission on all applications for land development
~atters, including the following"decide, in a quasi judicial capacity, administrative appeals,
$pecial exceptions and variances. Requests for administrati','e appeals, special exceptions and
!'luriances will not be processed unless written application and a fee have been submitted to
the Development Department.
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B. !\dministrative Appeals. The board has the authority to hear and decide appeals
i"'1hen it is alleged that there is error in any order, requirement, decision, or determination
~ade by an administrative official in the enforcement of any zoning ordinance or regulation
~dopted pursuant to the section.
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C. Special Exceptions. Thc board has the authority and duty to hear and decide requests
for special exceptions. To decide such questions as are involved in the determination of '.vhen
such special exceptions should be granted. To grant special exceptions with appropriate
conditions and safeguards or to deny such special exceptions 'Nhen not in harmony with the
~=~ce~~~p~7::~ of this section. The following standards apply to the board pO\.ver to grant
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I 1. The board shall find that in granting the special exception, the public interest will
pot be adversely affected.
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1 which the special exception is granted, shall constitute grounds for the revocation of the
2 special exception and the certificate of occupancy or business tax receipt associated therewith.
3 3. The board may prescribe a reasonable time limit within which the action for which
4 the special exception is required shall begin or be completed, or both.
5 D. Variances. The board has the authority and duty to authorize upon appeal such
6 ~lariance from the terms of a city ordinance as will not be contrary to the public interest when,
7 o'.ving to special conditions, a literal enforcement of the provisions of the city ordinance
8 ~vould result in unnecessary and undue hardship.
9 1. In order to authorize any variance from the terms of an ordinance, the board must
10 find that:
11 a. That special conditions and circumstances exist which are peculiar to the land,
12 structure or building involved, and 'Nhich are not applicable to other lands, structures or
13 buildings in the same zoning district.
14 b. That special conditions and circumstances do not result from the actions of the
15 applicant for the variance.
16 c. That granting the variance requested 'Nill not confer on the applicant any special
17 privilege that is denied by this section to other lands, structures or buildings in the same
18 floning district.
19 d. That literal interpretations of the provisions of the ordinance \vould deprive the
20 applicant of rights commonly enjoyed by other properties in the same zoning district under
21 the terms of the ordinance and would v/ork unnecessary and undue hardship on the applicant.
22 e. That the variance granted is the minimum variance that will make possible
23 reasonable use of the land, structure or building.
24 f. That the grant of the variance will be in harmony with the general intent and
25 purpose of this chapter and that such variance will not be injurious to the area invol','ed or be
26 btherwise detrimental to the public welfare.
27 g. For variances to minimum lot area or lot frontage requirements, that property is
28 pot available from adjacent properties in order to meet these requirements, or that the
29 ~cquisition of such property \vould cause the adjacent property or structures to becomc
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1 identifying the business or other acti';ity located on such property. No variances may be
2 grunted to signs expressly prohibited by Chapter 21. The board may only grunt a variance to:
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(1) i\llow a setback less than that required under the chapter;
4, (2) Allow the area, height or both of a sign to be increased by up to twenty five
5 K25) percent of the maximum allo',vable height or area;
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(3) /.Jlovl the number of signs to be increased O'ler the maximum allowed by
2. In granting a variance:
, a. The board may prescribe appropriate conditions and safeguards in conformity
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b. The board may prescribe a reasonable time limit within which the action for
fhich the variance is required shall begin, be completed, or both.
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1 3. "^.ppeals from decision of "^.dministrative Official. "^~ppeals to the board may be
2 ~aken by any person aggrieved or affected by any decision of an administrative official
3 ~nterpreting any zoning ordinance. Such appeal shall be taken within thirty (30) days after
4 rendition of the order, requirement, decision, or determination appealed from by filing with
5 ~he officer from whom the appeal is taken and with the board, a notice of appeal specifying
6 ~he grounds thereof. The appeal shall be in the form prescribed by the rules of the board.
7 1. Stay of Work and Proceeding on "^.ppeals. "-\n appeal to the board stays all work
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13 ~he appeal is taken and on due cause sho','m.
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39 requests for withdrawal shall be with prejudice. No application may be withdravm after action
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1 has been taken by the board. When an application is withdravl'll without prejudice, the time
2 ~imitations for reapplication provided herein shall not apply.
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15 1. Annexation.
16 2. Code review.
17 3. Comprehensive plan text amendment.
18 4. Consistency review.
19 5. Development of regional impact amendment.
20 6. Height exception.
21 7. Land use plan amendment/rezoning.
22 8. Rezoning.
23 9. Telecommunication towers (waiver or reduction of separation requirements and/or
24 pecial exception regarding application rejection).
25 10. Conditional Use Approval.
26 B. The following applications/types of requests that are processed and reviewed by the
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28 11. Abandonment.
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12. Administrative appeal.
2 13. Community Design Plan appeal.
3 14. Concurrency appeal.
4 15. Concurrency time extension.
5 16. Landscape appeal.
6 17. Master plan modification.
7 18. Master plan time extension.
8 19. Major site plan modification.
9 2-1-0. New site plan.
1 0 ~-I-l. Site Plan time extension.
11 2-1-2. Subdivision - master plan.
12 ~-I- 3. Use approval.
13 2-1-4. Zoning code appeal.
14 ~-I-5. Conditional use approval time extension.
15 26. Sidewalk cafes.
16 (;8. Except for actions taken re2:ardin2: mobile vendor applications. N!!o action of
17 he Planning and Development Board or the Community Redevelopment Board when the
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19 , shall be considered a final action of the City until ratified by the City Commission. The
20 rocedure for ratification shall be as follows:
21 1. All matters which have been reviewed and acted on by the Planning and
22 evelopment Board shall be reduced to writing as a proposed Development Order. The form
23 fthe proposed Development Order shall be approved by the City Attorney.
24 2. All proposed Development Orders shall be submitted to the City Commission at !!.
25 regular City Commission meeting following action by the Planning and
26 evelopment Board~ or the Communit), Redevelopment Agency. The item shall be
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28 . When a legislative item, such as a land use amendment
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1 is consolidated with a quasi-judicial item, such as a rezoning, both items shall proceed using
2 the quasi-judicial process, but consolidation shall not alter the legal standard for review, or the
3 burden of proof.
4 3. The City Commission may table a proposed Development Order to insure that
5 roper notice and opportunity to be heard is provided to the applicant, the public, and any
6 ther interested parties. All documents and evidence that were submitted to the Planning and
7 evelopment Board or Community Redevelopment "^~gency Board constitute part of the
8 ecord of the proceeding before the City Commission and it is presumed that the City
9 ommission accepted and considered the documents and evidence in its consideration of the
10 . ssues before the Commission.
11 4. Following approval of a ratifieatioH aetioH OH of a proposed Development
12 rder by the City Commission, the City Clerk shall date and sign the Development Order and
13 . ssue it as a final order.
14 Review of board decisions. Finality and Review
15 All decisions of the planning and development board shall be advisory to the City
16 in this l\rticle or by ordinance. Disposition of an
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19 Once final, a decision may be reviewed by the filing of a Petition for Writ of
20 ertiorari in the Circuit Court of the 15th Judicial Circuit in and for Palm Beach County,
21 lorida, and in accordance with the procedure and within the time provided by court rule and
22 uch time shall commence to run from the date of the decision sought to be reviewed.
23 decisions of the
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29 Section 3. Article II of Chapter 1.5 of the Land Development Regulations entitled
30 OMMUNITY REDEVELOPMENT AGENCY BOARD is deleted in its entirety.
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Section 4.
Each and every other provision of Chapter 26, not herein specifically
33 mended shall remain in full force and effect as previously enacted.
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Section 5.
All ordinances or parts of ordinances in conflict herewith be and the
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1 same are hereby repealed.
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Section 6.
Should any section or provision of this ordinance or portion hereof, any
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paragraph, sentence or word be declared by a court of competent jurisdiction to be invalid,
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~uch decision shall not affect the remainder of this ordinance.
I Section 7. Authority is hereby granted to codify said ordinance.
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~nd adoption.
FIRST READING this ~ day of ~ u.o.r t ' 2008.
J SECOND, FINAL READING AND PASSAGE this
Mua...f , 2008.
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This ordinance shall become effective immediately upon its passage
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day of
CITY OF BOYNTON BEACH, FLORIDA
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review(qg)(O I 0808) doc
een first and second reading
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