09-033
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I ORDINANCE NO. 09- ' ,
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3 AN ORDINANCE OF THE CITY OF BOYNTON BEACH,
4 FLORIDA AMENDING LAND DEVELOPMENT
5 REGULATIONS, CHAPTER 2, SECTION 4J "OTHER
6 STRUCTURES", TO EST ABLISH A MINIMUM
7 SETBACK FOR DRIVEWAYS AND OTHER SIMILAR
8 IMPERVIOUS SURFACES; PROVIDING FOR
9 CONFLICTS, SEVERABILITY, CODIFICATION AND AN
10 EFFECTIVE DATE.
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]2 WHEREAS, there is currently no setback standard applicable to driveways and other
13 such impervious surfaces; and;
]4 WHEREAS, staff is recommending a standard to maximize the on-site retention of
15 stormwater run-off and to separate the surface improvements from the water-related
]6 improvements, expand upon the surface improvements to include driveways and the related
17 standard; and
]8 WHEREAS, the City Commission has considered staff's recommendations and reports.
]9 and determines and finds that it would be appropriate to amend the Land Development
20 Regulations to reflect this addition; and
2] WHEREAS, the City Commission finds that the adoption of this ordinance is in the
')') best interest of the health, safety, and welfare of the citizens and residents of the Citv of
'), Boynton Beach.
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24 NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
25 THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
26 Section 1. The foregoing whereas clauses are true and correct and are now ratified I
27 and confirmed by the City Commission.
28 Section 2. Chapter 2, Section 41. "Other Structures" of the Land Development
29 Regulations of the City of Boynton Beach Code of Ordinances is hereby amended as follows:
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s \C.'\.\( InJinanccs\LDR Changes\Amend LDR CH 2 SIT 4J Illllprmcmcnts) due
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2 1. OTHER STRUCTURES AND IMPROVEMENTS. To further clarifY the definition of
3 structure as applied to all districts and boundaries, the following shall apply except that comer
4 lots shall be regulated by other parts of this ordinance. The following structures and
5 improvements shall be permitted in front, rear or side setbacks as provided in this ordinance, in
6 any zone, except where so noted, and agency authorization shall be required for placement in
7 easements taking into consideration existing easements:
8 * * *
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10 15. Open terraces, including \valhvays, unenclosed decks and slabs, natural plant
] ] landscaping and Daocks, with or without canopy. Docks projecting into waterway owned by a
12 different property owner than the owner of the dock shall require prior approval at time of
13 permitting from the owner of the waterway. In addition, the dock. all mooring piles, groins,
14 seawalls, jetties, revetments, or similar structures and facilities related thereto. shall not extend
]5 further into the waterway than 1/4 of the width of the waterway for private or commercial
]6 docking and mooring facilities.
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] 8 * * *
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2 ] 27. Driveways, open walkways (including poured concrete, pavers, or the like ),
22 terraces, unenclosed decks and slabs provided that driveways and other poured surfaces are
"l' setback a minimum of 2 feet from the property line (unless a lesser setback is approved as part
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24 of an overall site plan or master plan). The addition of all such impervious improvements that
25 exceed 800 square feet must also comply with Chapter 6, Art. IV, Sec. 5.AA. of the Land
26 Development Regulations.
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28 28. Natural plant landscaping.
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33 Section 3. Each and every other provision of the Land Development Regulations
34 not herein specifically amended, shall remain in full force and effect as originally adopted.
35 Section 4. All laws and ordinances applying to the City of Boynton Beach in
36 cont1ict with any provisions of this ordinance are hereby repealed.
37 Section 5. Should any section or provision of this Ordinance or any portion thereof
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S \CA,Urdmanees\LDR Changcs\Alllcnd LDR ClI 2 SI-C 4J (lmpruvements) doe
1 be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the
2 remainder of this Ordinance.
3 Section 6. Authority is hereby given to codify this Ordinance
4 Section 7. This ordinance shall become effective immediately.
5
6 FIRST READING this ~ I day of ~, 2009.
7 SECOND, FINAL READING AND PASSAGE this ----.!.- :1'1_, day of lr.:p2009.
8
9 CITY OF BOYNTON BEACH, FLORIDA
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14 v'i~~ {~;;~~ ;~o~r~~ L. ;ay ~.- .J'
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18 Commis~ner- Ronald Weiland
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2 ] (~n}i.8sioner - Jose-R~driguez-
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24 Commissioner Marlene Ross
25 ATTEST:
26 (
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31 (Corporate Seal)
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S 1l':\\Ordinanees\LDR Changes\Amend I DR CI 12 SFl' 4J (improvements) doc