O01-52OPmSA_NCE NO. 01-
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA AMENDING
LAND DEVELOPMENT REGULATIONS, CHAPTER 2
ZONING, SECTION 6.A.3. PROVIDING FOR AN
INCREASE IN THE MAXIMUM STRUCTURE HEIGHT IN
THE C-1 ZONING DISTRICT FROM 25 TO 30 FEET;
PROVIDING FOR AN INCREASE IN THE BUILDING
HEIGHT FOR BUILDINGS WITH UNDER BUILDING
PARKING TO THIRTY-FIVE FEET AS A CONDITIONAL
USE IN THE C-1 ZONING DISTRICT; AMENDING
CHAPTER 2, SECTION 4.F. PROVIDING FOR THE
ADDITION OF PARAPETS AS A POTENTIAL
EXEMPTION FROM HEIGHT LIMITATIONS; PROVIDING
FOR CONFLICTS, SEVERABILITY, CODIFICATION AND
AN EFFECTIVE DATE.
WHEREAS, buildings constructed within the City of Boynton Beach must provide
for screening of mechanical equipment on the roof of buildings; and
WHEREAS, in order to properly screen the mechanical equipment on the roofs of
buildings, the use of parapets has become increasingly common; and
WHEREAS, in order to accommodate the construction of professional and medical
office buildings within the C-1 zoning district, it has been determined that the maximum
structure height for buildings within the C-1 zoning district should be increased from twenty-
five (25) to thirty (30) feet, and that buildings constructed with under building parking may
be constructed up to a height of thirty-five (35) feet as a conditional use; and
WI-IEREAS, at the meeting of August 28, 2001, the Planning and Development
Board recommended that the City Commission amend the City's Land Development
Regulations to provide for the increase in building height within the C-1 zoning district from
twenty-five (25) to thirty (30) feet, to increase the building height for buildings constructed
with under building parking to thirty-five (35) feet as a conditional use, and to include
parapets to the list of potential exemptions from the building height limitation; and
WHEREAS, City staff agrees with the recommended changes to this Section of the
Code to (1) increase the maximum structure height in the C-1 zoning district from 25 feet to
30 feet, and (2) to add parapets to the list of potential exemptions fi:om the building height
limitation;
NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section 1. The foregoing whereas clauses are true and correct and are now ratified
and confn'med by the City Commission.
Section 2. That Chapter 2. Zoning, Section 2, Section 6.A.3. is hereby amended
by adding the words and figures in underlined type and by deleting the words and figures in
struck-through type, as follows:
Sec. 6. Commercial district regulations and use provisions.
A. C-1 OFFICE AND PROFESSIONAL COMMERCIAL DISTRICT ....
3.
constructed, converted, established, altered, enlarged or used unless
buildings shall comply with the following regulations:
Maximum structure height
Building and site regulations. No building or portion thereof shall be erected,
the premises and
30 g--5 feet, not to exceed two stories**
**Exceptions:
1.
(4) stories.
Maximum height for hospital shall be forty-five (45) feet not to exceed four
2. Building designed for under building parking shall be (-30-) (35) feet
maximum. *(Conditional use approval required)
Section 3. That Chapter 2. Zoning, Section 4 General provisions.
amended by adding the words and figures in underlined type and by deleting the words and
F.2 is hereby
figures in struck-through type, as follows:
Sec 4. General Provisions.
F. HEIGHT LIMITATIONS AND EXCEPTIONS.
2. Water, cooling and fire towers, radio and television towers of commercial
nature, church spires, domes, cupolas, flagpoles, electrical and mechanical support systems,
parapets, and similar structures, and their necessary mechanical appurtenances 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 Commission base don their
consideration of the standards for evaluating exceptions to district height regulations set forth
in paragraph 3 below.
Section 4. Each and every other provision of the Land Development Regulations
not herein specifically amended, shall remain in full force and effect as originally adopted.
Section 5. All laws and ordinances applying to the City of Boynton Beach in
conflict with any provisions of this ordinance are hereby repealed.
Section 6. Should any section or provision of this Ordinance or any portion
thereof be declared by a court of competent jurisdiction to be invalid, such decision shall not
affect the remainder of this Ordinance.
Section 7.
Section 8.
FIRST READING this
Authority is hereby given to codify this Ordinance.
This Ordinance shall become effective immediately.
day of September, 2001.
SECOND, FINAL READING AND PASSAGE this
day of
October, 2001.
Vice Mayor
Commissioner
Commissioner
ATTEST:
',lerk
~' ~o'~ ~. ~-o4, :~
Commissioner