Loading...
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. -2- 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) -3-