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O IN CE O0 0-20
ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
BOYNTON BEACH, FLORIDA CREATING ARTICLE II OF CHAPTER
1.5 OF THE LAND DEVELOPMENT REGULATIONS TO PROVIDE FOR
THE POWERS AND DUTIES OF THE COMMUNITY REDEVELOPMENT
AGENCY 0-IEREINAFTER CRA) PERTAINING TO LAND WITHIN TIlE
CRA BOUNDARIES; PROVIDING FOR CONFLICT; PROVIDING FOR
SEVERABILITY; PROVIDING FOR INCLUSION; PROVIDING FOR
EFFECTIVE DATE.
WHEREAS, there is a need for a coordinated review and implementation of the
plan for development and redevelopment of the properties within the CRA boundaries to
prevent the spread of slum and blight therein; and
WHEREAS, the current development review process as applied within the
properties located within the boundaries of the CRA does not address the needs of the
Community Redevelopment Plan; and
WHEREAS, the Community Redevelopment Area has special conditions that set it
apart from the rest of the City and the development review process needs to be specialized
to fit the Redevelopment Plan; and
WHEREAS, the City desires to create conditions that will encourage
redevelopment and believes that it will be efficient and beneficial to have one entity, the
CRA board, to help guide and expedite the redevelopment of the Community
Redevelopment Area in order to fulfill the Community Redevelopment Plan;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA:
Section 1. The foregoing "WHEREAS" clauses are tree and correct and hereby
ratified and confirmed by the City Commission.
Section 2. Article II of Chapter 1.5 of the Land Development Regulations is
hereby created as follows:
ARTICLE II COMMU~TY REDEVFJ~OPMENT AGENCY BOARD
Sec. 1..
Commtmity Redevelopment .Agency' Board - Establishment and
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Composition.
A. The Boynton Beach. Community Redevelopment Agency is created and set
out in Section 2 ...... 13 of the Boynton Beach Code of Ordinances.
B. The pro~Ssions of Article 1/of Chapter 1.5 shall apply only within the CRA
boundaries as set out in Section 2-1.3 of the Code of Ordinances. The provisions of this
Article shall supercede and prevail over any_other Code sections that may pertain to the
rpj_9_perties 'located within the CRA boundaries.
Sec. 2. Ad~4sorv authority, fimctions, powers and duties.
A. The CRA board shall have the authority_, and duty to consider
set :forth, after first co_nsid.ering
recommend u_pon applications, .as hereinafter
recommendations
and
the
of its staff and after a determination of fact that application will
contribute to reduction of slum and bli~¢hted conditions; enhance the tax base; implen~tent
and further the intent and
the intent and purpose of the City's redevelopment plan.
B. The CRA board shall, have all ipowers and duties heretofore vested in. the
pjtanning and development board.
Sec. 2.1
Quasi-Judicial AuthoriW, functions, powers and duties.
A. The CRA board shall have the authority and duty to hear and decide, in a
~si-judi.cial capacity administrative appeals, special exceptions and variances.
B. .Administrative Appeals. The board has the authority to hear and decide
appeals when it is alleged, that there is error in any order, requirement, decision, 9_rr
deter~nination made by an administrative official in the enforcement of any zoning
ordinance or regulation adopted pursuan.t to the section.
C. Special Exceptions. The 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 when such. special' exceptions Should be granted. To grant speqial.
exceptions with appropriate conditions and safe,_maards or to deny such special exception_s
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When not in harmony with the purpose and intent of this section. The tbllowing standards
apply to the board power to ~ant special exceptions:
1.. The board shall find that in. ~anting the special, exception, the
public interest wilt not be adversel5~ affected.
2. The board may_prescribe appropriate conditions and safegx~ards in
conformity_with this chapter. Violation of such conditions and safeguards, when
made part of the terms under which the special exception is granted~ shall
constitute _grounds for the revocation of the special exception and the certificate of
occupancy or occupational license associated therewith.
3. The board may prescribe a reasonable time limit within Which the
action for which the special exception is required shall begin or be completed~ o~
both.
D. Variances. The board has flae authority and duty to authorize upon appeal
such variance from the te.mas of a city ordinance as will not be contrary to the p'ubli~
interest when, owing to special conditions, a literal enforcement of the provisions of the
ci~ ordinance would result in unnecessary and undue hardship.
1. In order to authorize any variance from the terms of an ordinance,
the board must find that:
a. That special conditions and. circumstances exist which are
peculiar to the land, structure or building involved~ and which are not
applicable to other lands, structures or buildings in the same zoning
district.
b. That special conditions and circumstances do not result from. the
actions of the applicant for the variance.
c. That granting the variance requested will not confer on the
_applicant any special, privi~lege that is denied by this section to other l.ands~
structures or buildings in the san~e zoning district.
d. That literal, interpretations of the provisions of the ordinance
would deprive the applicant of ri,ghts commonly enjoyed by other
properties in the same zoning district under the terms of the ordinance and
would work unnecessary and undue hardship on the applicant.
e. That the variance granted is the minimum variance that will
make possible reasonable use of the land, structure or 'building.
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f. That the ~ant of the variance will be in ham~ony with the
general iment and pu¢ose of this chapter and that such variance will not
be injurious to the area involved or be otherwise detrimental to the public
welfare.
g. For variances to minimum lot area or lot frontage requirements,
that property is not available from adjacent iproperties in order to meet
these requirements, or that the acquisition of such property would cause
the adiacent property or structures to become nonconformine. The
applicant for such variances Shall provide an affi.davit with the application
for variance stating that the above- mentioned conditions exist with
respect to the acquisition of additional property:
2. In ~ting a variance:
a. The board, may prescribe appropriate conditions and safeguard_s
in conformity Mth this section. Violations of such conditions and
safeguards, when made a pan of the terms under which, the variance is
~:anted, shall be deemed a violation of this section.
b. The board may prescribe a reasonable time limit within which
the action for which the variance is required shall begin, be completed, or
both.
c. Where variances o:f 'lot area and maximum densities are
re__q_uested, and such variance~ i~ ~ted, would cause the density to exceed
the density shown, on the future land use .map of the city's comprehensive
plan, the density created shall be construed to be in conformance with the
comprehensive plan, if the board finds that the variance meets the
conditions set forth in. this section for ~,ranting the same, and the variance
would only allow :for the construction of a sin.glerfamity detached
dwelling.~
E. Procedures tbr Variances, Special Exceptions and _Appeals of Administrative
Actions.
t. Exceptions. Under no circumstances except as permitted above
shall the board ~ant a variance to permit a 'use not generally or by special
exception, permitted in the zouing district involved or any use expressly or by
implication prohibited, in the applicable zoning district. No nonconforming use of
neighboring lands, structures or buildings.in other zoning districts shall be
considered ~ounds for the authorization of a variance.
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2. Review of Administrative Orders. In exercising its ipowers, the
board may, upon appeal and in conformity with the provisions of this section~
reverse or affinrt, wholly or partly, or may modify the order~ requirement, decision
or determination made by an administrative official in the enforcement of any
zoning ordinance or re~m~lation adopted pursuant to this section, and_may make
any necessary order, requirement, decision or determination, and to that end shall
have the powers of thc officer from whom the appeal is taken. A majorj'B~ vote
shall be necessary to reverse any order,_requirement, decision or determination of
any such administrative official or to decide in favor of the applicant on any
matter upon which the board is required to pass under this section.
3. Aplpeal.s from decision of Administrative Official. Appeals to the
'board may be taken 'by_any person aggyieved or affected b.y any decision of an
administrative official interp_ reting any zoning ordinance. Such appeal shall be
taken within thirty (30) days after rendition, of the order, requirement, decision, or
determination appealed l~om by_filing with the officer from whom the appeal is.
taken and with the board, a notice of al~_peal sgecifyin, g the ~ounds thereof.
4. Stay of Work and Proceeding_on Appeals. An appeal to the board stays
all work on the premises and all proceedings in furtherance of the action appealed
from, unless the official from whom the appeal is taken shall certi~ to the board
that by reason of facts stated in the certi.ficat_e~ a stay would cause imminent peril
of life or prope_~y. In such case, proceedings or work shall not be staved excep_t
by a restraining order which may be ~anted by the board, or by a court of record
on the application, on notice to the officer from whom the appeal is taken and on
due cause shown.
5. Hearing ~peals. The 'board shall fix a reasonable time ~br the
hearing of the appeal give.the public notice thereof, as well as due notice to the
panics in interest, and decide the same within, a reasonable time. 'Upon the
hearing, any person may appear in~person~, by agent or attorney. Applicants Shall.
be required to file a proper form (suppli__ed by ~staff)~ .a current certified survey
accompanied by a fee as adopted by resolution of the City Commission. For
procedural pt_~rposes, an application for a special exception shall be handled by the
board as for appeals.
6. Review of Decisions of the Board. Any person may appeal variance,
special exception, 9r appeal of administrative order to the City Commission of the
City of Boynton Beach within twenty (20) days after rendition of the decision by
the CRA board. The decision of the City_ Commission shall be deemed final
su_c__b2b%ct only to review by writ of certiorari to the Palm Beach County Circuit
Court.
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7. Withdrawal or Denial of Application.
_a. Upon the denial of an application for relief hereunder, in whole
or in p~, a period of one (13 year must elapse prior to the filing of a
subsequent application affecting the same ipropertv or any portion thereof.
_b. Upon the withdrawal of an application, in whole or in part, a
period of six (6) mouths must rrm prior to the filing of a subsequent.
_application affecting the same prope_rty or any portion thereof, unless the
decision of the board is without prejudice; ....an_d provided that the period of
limitation shall be increased to a two (2) year waiting period in the event
such. an applications in whole or in. part,____has been twice or more denied or
withdrawn.
c. An application may be xvithdrawn without prejudice by the
.applicant as a matter of ri,ght; provided the request for withdrawal is in
writing and e:xecuted in a manner and on a form prescribed by the board
and filed with the board at least one (1) week prior to any scheduled
hearing scheduled before the board concerning the application; otherwise~
all. such requests for withdrawal shall be with prejudice. No application
m__ay be withdrawn after action has been taken by the board. When an
a_p_plication is withdrawn without prejudice, the time limitations for re.
application iprovided herein shall not apply.
F. Advertisin~z Requirements. Required advertisements /hr the applicant's
request must appear in newspaper of general circulation in the City of Bovnton Beach, at
least fifteen (15) days prior to the scheduled CRA board meeting, All required, notices to
surrounding propertv owners must be postmarked no later than fifteen (15) days prior to
that scheduled public hearing.
Sec. 2.2.
Additional authority, functions, powers, and duties, as assigned by the Cit~
Commission
The CRA shall have such additional authority, functions, powers and duties, a__~s
assigned to the board by ordinance.
Sec. 2.3 Authority Granted by the Ci_ty Commission.
A. The following applications/types of requests are processed and reviewed
by the Planning and Zoning Department and shall be reviewed and recommendations
made by the CRA board to the City Commission for approval on. the consent agenda:
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t. Administrative appeal_.
2. Community Design Plan appeal.
3. Land use plan amendment/rezoning._
4. Telecommunication towers (waiver or reduction, of separation
requirements and/or special exception regarding application rejection)_.
5. Conditional Use Approval.
6. Conc'urrencv time extension.
7. Master plan modification.
8. Master plan time extension.
9. Major site plan modification.
10. New site pl~
11. Parking lot variance.
,12. Sigm code variance.
t 3. Site Plan time extension.
14. Subdivision- master plan.
15. 'Use approval.
16. Zoning code appeal.
17. Zoning code variance.
18. Conditional 'use approval, time extension.
B~ The following applications/types of requests are processed and reviewed ~
Planning and Zoning Department and shall, be reviewed by the CRA board and a
recormnendation made to the City Commission which shall be approved as provided by
state law and placed on rise appropriate part of the City Commission agenda pursuant
thereto:
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1. Abandonment_.
2. Annexation.
3. Code review.
4. Comprehensive plan text mnendment.
5. Consistency_review.
6. Development ofre~act amendment.
7. Hei~.~t ¢~;c_~tion.
8. Concurrency ar)peal~.
9. Rezoning
Sec. 3.
Commission desi~m~ated statu.tory~ ip_l__anning agency,.
The City Commission is hereby desi~.ated as the city's local planning agency tO
act on behalf 'of the cit_~Lun.der the temqs and l~rovisions of the local govermnent
Comprehensive Plmming Act, havh~ the_general responsibility for the conduct of a com-
prehensi've planning pro,v, ram and the preparation, supervision and amendment of the
comprehensive plan or elements or portions thereof applicable to the areas m~der the
j'urisdiction of the city as provided in said act.
Sec. 4.
Review of board and. City Commission decisions.
A final decision, of the CRA board or the City Commission may be reviewed by
the filing of a Petition :for Writ of Certiorari in. th.e Circuit Court of the 15th Judicial
Circuit in and for Palm Beach Count¥~ Flori____da, and in accordance with the procedure and
within the time provided by court rule and such. t/me shall commence to run fi:om the date
of the decision sought to be reviewed.
Section 3. Conflicting Ordinances.
All prior ordinances or resolutions or parts thereof in conflict herewith are hereby repealed
to the extent of such conflict.
Section 4. Severability.
If any section, sentence, clause, or phrase of this Ordinance is held to be invalid or
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unconstitutional by any court of competent jurisdiction, then said holding shall in no way
affect the validity of the remaining portions of this Ordinance.
Section 5. Inclusion in Code.
It is the intention of the City Commission of the CITY OF BOYNTON BEACH, Florida,
that the provisions of this Ordinance shall become and be made a part of the CITY OF
BOYNTON BEACH Code of Ordinances; and that the sections of this ordinance may be
renumbered or relettered and the word "ordinance" may be changed to "section," "article,"
or such other appropriate word or phrase in order to accomplish such intentions.
Section 6. Effective Date.
This Ordinance shall become effective thirty (30) calendar days after adoption by the City
Commission.
FIRST READING this ~ day of ~2~'6 ,2000.
SECOND, FINAL READING AND PASSAGE this/~' day of~, 2000.
,~-~, -~. ~ ~ Page 9 of 9