O84-21 AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF BOYNTON BEACH, FLORIDA, CORRECTING
AN OMISSION IN ORDINANCE NO. 82-1f WHICH
AMENDED APPENDIX A - ZONING, SECTION 4.
GENERAL PROVISIONS. F. HEIGHT LIMITATIONS
AND EXCEPTIONS. OF THE CODE OF OP~INANCES
OF THE CITY OF BOYNTON BEACH, FLORIDA, TO
ADD SUBSECTIONS 4 AND 5 RELATING TO HEIGHT
LIMITATIONS OF ANTENNAE WHICH HAD INADVER-
TENTLY BEEN OMITTED FROM SAID ORDINANCE NO.
82-1; PROVIDING AUTHORITY TO CODIFY; PROVIDING
A CONFLICTS CLAUSE, A SEVERABILITY CLAUSE,
AND AN EFFECTIVE DATE; AND FOR OTHER PURPOSES.
WHEREASf on the 29th day of January, 1982, the City
Council of the City of Boynton Beach, Florida, duly enacted
Ordinance No. 82-1, which established Height Limitations and
Exceptions for structures in the City; and
WHEREAS, in March of 1982, a majority of the qualified
electors of the City of Boynton Beach, Florida, approved said
Ordinance in a referendum election; and
WHEREAS, Appendix A - Zoning, Section 4. General
Provisions. F. Height Limitations and Exceptions. of the City's
Zoning Code, prior to the adoption of Ordinance No. 82-1 and
approval by the electors, had contained a subsection 4 and 5
which related to height limitations for antennae in the City~ and
WHEREAS, Ordinance No. 82-1, as adopted by the City
Council and approved by the electors inadvertently failed to
contain said subsections 4 and 5 as had been previously enacted~
and as set forth hereinafter; and
WHEREAS, the City Council of the City of Boynton Beach,
Florida, hereby wishes to ratify and readopt the former subsection
4 and 5 as had been previously enacted.
NOW, THEP~FORE, BE AND IT IS HEREBY ORDAINED BY THE
CITY COUNCIL OF THE CITY OF BOYNTON BEACH, FLORIDA:
Section 1: Appendix A - Zoning, Section 4. General
Provisions. F. Height Limitations and Exceptions. of the Code of
Ordinances, City of Boynton Beach, Florida, is hereby amended to
read as follows:
F. HEIGHT LIMITATIONS AND EXCEPTIONS
No portion of any structure intended
to be utilized for residential,
commercial or industrial purposes
within the municipal limits of the
City of Boynton Beach, Florida, shall
exceed the height of forty-five (45)
feet above the final grade level of
such structure, except as noted below.
e
Water, cooling and fire towers, radio
and television towers of commercial
nature, church spires~ domes, cupolas,
flagpoles, electrical and mechanical
support systems, and similar structures,
and their necessary mechanical appur-
tenances may be erected within a
structure or on top of the structure,
above the district height limitations
provided herein, after obtaining
approval of the city council based on
their consideration of the standards
for evaluating exceptions to district
height regulations set forth in
paragraph 3 below.
o
In considering an application for
exception to the district height
regulationt the city council shall make
findings indicating the proposed
exception has been studied and considered
in relation to the following standards,
where applicable:
a. Whether the height exception will
have an adverse effect on the
existing and proposed land uses.
b. Whether the height exception is
necessary.
c. Whether the height exception will
severely reduce light and air in
adjacent areas.
do Whether the height exception will be
a deterrent to the improvement or
development of adjacent property in
accord with existing regulations.
e. Whether the height exception will
adversely effect property values in
adjacent areas.
f. Whether the height exception will
adversely influence living conditions
in the neighborhood.
g. Whether the height exception will
constitute a grant of a special
privilege to an individual owner as
contrasted with the public welfare.
h. Whether sufficient evidence has been
presented to justify the need for a
height exception.
i. The city council may, in connection
with processing of application for
exception hereundert refer same to
the planning and zoning board for
recommendation.
In residential zones~ freestanding
television and citizens' band broad-
casting antennae may not exceed
twenty-five (25) feet in height, and
no freestanding antenna may be
constructed within the building setback
lines. Roof-mounted or wall-supported
antennae may exceed the maximum district
height regulation by ten (10) feet; but
in no instance, may an antenna exceed
the roof line height by more than
fifteen (15) feet.
a, With respect to private community
antenna systems as defined in this
Code, the aforesaid twenty-five (25)
feet height regulation shall not
apply. In the instance of private
community antenna systems, the
receiving antenna may not exceed
siXty-five (65) feet in height, and
no part of any receiving antenna may
encroach in any setback.
5. In residential zones, freestanding trans-
mittinq antennae are subject to the following
limitations:
No freestanding base tower shall
exceed forty-five (45) feet in
height.
No freestanding base tower and
antenna shall exceed sixty (60)
without an antenna shall be
de
feet in height.
No freestanding base tower with or
constructed within the building set-
back lines.
No flreestanding base tower shall be
constructed without having first
secured a permit from the city
buil!ding official.
Roof mounted transmitting antennae shall
not exceed the roof line height by more
than twenty (20) feet.
Section 2: Specific authority is hereby given to
codify this Ordinance.
Section 3: Ail ordinances or parts of ordinances in
conflict herewith are hereby repealed.
Section 4: Should any section or provision of this
Ordinance or a portion thereof be declared by a court of competent
jurisdiction to be invalid, such decision shall not affect the
remainde'r of this Ordinance.
Section 5: This Ordinance shall become effective
ten (10) days after passage.
1984.
FIRST READING this
day of
SECOND READING and FINAL PASSAGE this
, 1984.
/~ ~day of
CITY OF BOYNTON BEACH~ FLORIDA
ATTEST:
c~Y
(Seal)
MA~OR - /./- ' -
VICE MAYOR //
/~ COUNCIL MEMBER
/