09-032
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I ORDINANCE NO. 09-tU ~
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3 AN ORDINANCE OF THE CITY OF BOYNTON BEACH,
4 FLORIDA AMENDING LAND DEVELOPMENT
5 REGULATIONS, CHAPTER 1, ARTICLE VIII,
6 "DEVELOPMENT REVIEWS", BY ADDING A NEW SUB-
7 SECTION 4, "REVIEW OF ZONING PERMITS AND FOR
8 ZONING VERIFICATION" TO ENABLE THE REVIEW
9 FOR ISSllANCE OF ZONING PERMITS AND ZONIN(;
10 VERIFICA TIONS; PROVIDING FOR CONFLICTS,
II SEVERABILITY, CODIFICATION AND AN EFFECTIVE
12 DATE.
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]4 WHEREAS, Chapter 1, of the Land Development Regulations is labeled "General
15 Provisions" and principally includes the rules of construction for the Land Development
\6 Regulations. definitions and descriptions of procedures such as appeals, development review,
17 administrative adjustments and Notice of Intent; and
] 8 WHEREAS, these amendments will establish enabling provisions for the new Zoning
19 Permit function of the Planning & Zoning Division; and
20 WHEREAS, this new function includes review of certain improvements or for requests
21 for written zoning verifications. and is in response to. in part, operational changes recently
22 made In the Building Division; and
23 WHEREAS, the City Commission has considered staffs recommendations and reports.
24 and determines and finds that it would be appropriate to amend the Land Development
25 Regulations to reflect this addition; and
26 WHEREAS, the City Commission finds that the adoption of this ordinance is in the
27 best interest of the health. safety. and welfare of the citizens and residents of the City of
28 Boynton Beach.
29 NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
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I THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
:2 Section 1. The foregoing whereas clauses are true and correct and are now ratified
3 and confirmed by the City Commission.
4 Section 2. Chapter L Article VIII. "Development Reviews" of the Land
5 Development Regulations of the City of Boynton Beach Code of Ordinances is hereby amended
6 by adding section 4 as follows:
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8 Section 4. Review of zoning permits and for zoning verification
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10 A. S~ope
II Ihissection contains the procedures required for issuance of zoning permits and zonin vcrifi '
12 letters. Zonin J ermits and verification revievvs are re( uired when a buildin) ermit is not re uire
when cel1ain improvements are to be reviewed f()!' compliance with applicable zonin re ulatio
]4 other standards within the city's Code of Ordinances. Verification reviews ma also be conduct I
IS research a request for written information regarding zoning or the City's Land Develo
]6 Regulations.
B. Applicability
18 The following requests or improvements do not require a building permit but do require a
19 zoning permit or verification. Such improvements or requests include but may not be limited to
20 the following:
21 I. Accessory buildings (limited to onc) in conjunction with a principal residential
)) structure/use and not exceeding 100 square feet, including open air structures such as
23 gazebos. and chickee huts exempt from building permit requirements based on
24 exemption criteria of Florida Statutes (the size limitation does not applv to said chickee
25 huts );
26 2. Animal enclosures;
27 3. Fences on residential propert\ (single-family. two-family. and single-family attached
28 jf fee-simple ownership) up to 6 leet high (unless used as a barrier around a pool. spa. or
29 rooftop equipment);
30 4. Impervious surfaces such as driveways, patios and sidewalks. regardless of surface
31 material (pavers. asphalt concrete). excluding required handicapped accessible routes,
~) reinforced concrete pads connecting vvith an existing building to be used as a slab for
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33 future building additions, and framed decking improvements. The additio~1 of all such
34 Impervious improvements that exceed 800 square feet must comply with Chapter 6, Art.
35 tV. Sec. 5.A.4. of these Land Devdopment Regulations:
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I 5. Temporary signs (less than 32 sq. ft. and 6 feet high) and temporary banners/fabric
2 sIgns;
3 6. Sign refacing ( only changing sign copy);
I 7. Minor landscape modifications ( including modification of existing irrigation systems
4:
5 I not involving electrical wiring); and
6 8. Requests for written veri fication of zoning district or application of Land
7 Development Regulations in general or to a speci fied property.
8 Any improvement that also includes any electrical, plumbing or other elements that are
9 subiect to the Florida Building Code, shall require a building permit and the review that
]0 would have been conducted as part of the zoning permit process will occur as part of the
II review of the building permit.
12 C. Administration
] 3 The Planning & Zoning Director or designee is responsible for the administration of the zoning
permit and verification processes, including the coordination with other departments or
15 divisions that would participate in said reviews.
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17 D. Application requirements, process and fees
18 The minimum filing requirements and processes for verification. application review and
19 certification of completion shall be established by the Planning & Zoning Division. All
20 applications required by this section shall be available in the Planning & Zoning Division and
21 through the city's web site. Fees required for processing requests described in this section shall
II ~roved by resolution and are modified from time to time.
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24 L Expiration of zoning permits
25 , A zoning permit is valid for 6 months from the date of issuance, excluding temporary signs and
26 banners. If construction of the improvement covered by the zoning permit has not commenced
27: within () months from the date of issuance. the zoning permit shall expire and be cancelled with
28 written notice to the applicant. An extension of the permit for a period up to 60 days may be
29 requested in writing by the applicant if received by the Division prior to permit expiration. The
30 fee for requesting a permit extension shall be approved by the City Commission and may be
31 modified from time to time.
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34 Section 3. Each and every other provision of the Land Development Regulations
35 not herein specifically amended, shall remain in full force and etTect as originally adopted.
36 Section 4. All laws and ordinances applying to the City of Boynton Beach in
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I conflict with any provisions of this ordinance are hereby repealed.
2 Section 5. Should any section or provision of this Ordinance or any portion thereof
3 be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the
4 remainder of this Ordinance.
5 Section 6. Authority is hereby given to codify this Ordinance
6 Section 7. This ordinance shall become efTective immediately.
7 FIRST READING this al day of Ju., \ 'i ,2009.
8 SECOND, FINAL READING AND PASSAGE thisl~ day of ~jx . r~2009.
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10 CITY OF BOYNTON BEACH, FLORIDA
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\3 Mayor - ferry T40r ------ ~ .
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IS .~ r.. r.~:" Y 0'!. <.. -, ,,/-fr: C I
]6 Vice Mayor- Woodrow L..Hay'--'-.I
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19 Commissio~r - Ronald Weiland
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')') Commiss.ieper - J.Q.se Rodriguez
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24 _~ /:~?(._.::,;:_" . ~~~'_ ..' '
25 Commissioner - Marlene Ross
26 ATTEST:
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35 (Corporate Seal)
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