O78-23ORDINANCE NO. 78-~
AN ORDINANCE OF THE CITY OF BOYNTON BEACH,
FLORIDA, ~ENDING SECTION 4F (4)} APPENDIX A
ZO~q~G~iR~G~ATIONS OF T~E CITY OF.BOYNTON BEACH,
FLQRIDA, ~ELATIVE ANTENNA HEIGHTS; PROVIDi:~NG
FOR AUTHORITY TO CODIFY, SAVINGS CLAUSE, RE-
PEALING PROVISION, AN E~FECTIVE DATE.AND FOR
OTHER PURPOSES.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
BOYNTON BEACH, FLORIDA:
Section t: T~at Section 4F (4) Appendix A Zoning
Regulations of the City of Boynton Beach, Florida be and the same
shall be amended to read:'
"Section 4 F. Height Limitations and Exceptions
1. No por~ian of any ~ructure~tend~'d t~-~
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.
2. Water, cooling and fire towers, radio and
television towers of commercial nature, church
spires, domes, cupolas, flagpoles and similar
structures and their necessary mechanical appur-
tenances may be erected above mhe district height
limitations provided herein, after obtaining ap-
proval of the City Council based on their c~nsi{eration
of the standards for evaluating exceptions to
distric~ height regulations set forth in Paragraph
3 below.
3. In considering an application for exception to
the district height regulation, the City Council shall
make findings indicating the proposed exception has bee
studied and considered zn 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) B~ether the height exception is necessary.
(c) Whether the height exception will severly reduce
light and air ~n adjacent areas.
(d) Whether the height exception will be a deterrent
to the improvement or development of adjacent property
in accord with existing regulations.
(e) B~ether the height exception will adversely
~ffect property values mn adjacent areas.
(f) Whether the height exception will adversely
influence living conditions in the nemghborhood.
(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
~o J.ustify the nee~ for a height exception.
(i) The City Council may, in connection wi~h pro-
cesslng of application ~e~D~i~n hereunder,
refe~ same to th~ Planning and' ~on~ng Board for
recommendation.
4. In residential zones, freestanding receiving
antennas may not exceed twenty-five (2S) fee~ in
height, and no freestanding receivi~q~,.antenna may be
~s~r~dwith'i~%~ebuit~inq. setbacklines. ~oof
mountSd orWatl supporte'dr~cei~Ving ~ntennas may
~xceed ~h~ maximum distric~ ~hei~ht~ regulation by ten
(10) ~fee~; but in no instancs~ may a receiving antenna
exceed th~ roof line height by m~re than fifteen (15)
fee~.
5. In residential zones, freestanding transmitting
antennas are subject to the following limitations:
(a) No freestanding base tower shall exceed forty-
five (45) f~et in height;
(b) No freestanding base tower and antenna shall
excegd ~sfxty (60) feet in height;
(c) No freestanding base tower with or without an
antenna shall be constructed within the building
setback lines; and
(d) No freestanding base tower shall be constructed
without having first secured a permit from the City
Building Official.
City's
· Roof mounted transmitting antennas shall not exceed
the ~oof li~e height by more than ~wenty (20) feet.
S_ection 2: Authority to Codify: Specific authority
g~ante~ to codify and incorporate this Ordinance in the
existing code.
Section 3: Separability: Each of the provisions of
~his Ordinance ~s separable, including word, clause, phrase or
sentence, a~d if any portion thereof shall be declared invalid,
the remaining portion shall not be affected but shall remain in
full force and effect.
Section 4: Repealing Provision: Ail Ordinances or
parts of Ordinances in conflict herewith are hereby repealed.
Section 5: Effe.~ctive Dats: This Ordinance shall be-
come effective in the manner and at the time provided by law.
First reading this ~+k day of ~-~ ~ , A.D., 1978.
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Second, final
· A.D., 1978~
reading and passage, this ~D day of
CITY OF BOYNTON BEACH, FLORIDA
By:
.~ - Co~n ci lmembe ~
Coun c i lmembe r
(Corp. Seal)
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