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ORDINANCE O 00-~,~,d
ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
BOYNTON BEACH, FLORIDA DELETING ARTICLE X OF CHAPTER 1
AND SECTION 3. B. OF CHAPTER 23 OF THE LAND DEVELOPMENT
REGULATIONS AND ARTICLE II SECTION 1 OF CHAPTER 21 OF TIlE
CODE OF ORDINANCES AND AMENDING CHAPTER 1.5, SECTIONS 4.1
AND 4.3 OF THE LAND DEVELOPMENT REGULATIONS, IN ORDER
TO CLARIFY AND FURTHER SPECIFY THE PROCEDURES
APPLICABLE TO VARIANCES; PROVIDING FOR CONFLICT;
PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION;
PROVIDING FOR EFFECTIVE DATE.
WHEREAS, the City Commission, upon recommendation of staff, has determined
that it is the best interests of the citizens and residents of the City, to amend certain sections
of the Land Development Regulations to clarify and specify the procedures applicable to
variances; and
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. That Article X, "Variances and Exceptions" of Chapter 1 of the Land
Development Regulations is hereby repealed in its entirety.
Section 3. That Section 3. B. "Variances" of Chapter 23 of the Land
Development Regulations is hereby repealed in its entirety.
Section 4. That Article II, Section 1. "Variances" of Chapter 21 of the Code of
Ordinances, is hereby deleted in its entirety.
Section5. That Article I, Section 4.1.A, of Chapter 1.5 of the Land
Development Regulations is hereby amended to read as follows:
Sec. 4.1
Quasi-Judicial Authority, functions, powers and duties.
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A. The Planning and Development Board shall have the authority and
duty to hear and decide, in a quasi-judicial capacity administrative appeals, special
exceptions and variances. Requests for administrative appeals, special excepfiong
and variances will not be processed tmless written application and a fee have been
submitted to the Development Department.
Section 6. That Article I, Section 4.1 D. "Variances", of Chapter 1.5 of the Land
Development Regulations is hereby amended to add sub-section h. as follows:
h. For variances to the Chapter 21 Signs, the Planning and Development Board may
grant a variance if it finds that the unusual shape or topography of the property in
question prevents signage allowable under the provisions of Chapter 21 from adequately
identifying the business or other activity located on such property. The board may only
grant a variance to:
(1) Allow a setback less than that required under the chapter;
(2) Allow the area, height or both of a sign to be increased by up to twenty-five (25)
percent of the maximum allowable height or area;
3) Allow the number of signs to be increased over the maximum allowed by this code.
No variances may be granted to signs expressly prohibited by Chapter 21.
Section7. That Article I, Section 4.3 B. "Authority Granted by City
Commission", of Chapter 1.5 of the Land Development Code is hereby amended to read
as follows:
B. The following applications/types of requests that are processed and reviewed by
the Planning and Zoning Department shall be approved by the planning and development
board:
1. Abandonment.
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3.
4.
5.
6.
7.
8.
9.
10.
13.
14.
15.
16.
18.
Administrative appeal.
Community Design Plan appeal.
Concurrency appeal.
Concurrency time extension.
Landscape appeal.
Master plan modification.
Master plan time extension.
Major site plan modification.
New site plan.
Pea~king4ot vm'/anc-e.
Site Plan time extension.
Subdivision - master plan.
Use approval.
Zoning code appeal.
Conditional use approval time extension.
Section 8. Conflicting Ordinances.
All prior ordinances or resolutions or parts thereof in conflict herewith are hereby repealed
to the extent of such conflict.
Section 9. Severability.
If any section, sentence, clause, or phrase of this Ordinance is held to be invalid or
unconstitutional by any court of competent jurisdiction, then said holding shall in no way
affect the validity of the remaining portions of this Ordinance.
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Section 10. 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 th~s 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 11. Effective Date.
This Ordinance shall become effective thirty (30) calendar days after adoption by the City
Commission.
FIRST READING this .,,~/day of/~t/~_~J,~ 2000.
SECOND, FINAL READING AND PASSAGE this ~" day of..~_. ,2000.
CITY OF BOYNTON BEACH, FLORIDA
Vice Mayor
ATTEST:
Cifff Clerk
Commissioner