O76-46ORDINANCE NO. 76-4~
AN ORDINANCE OF TI-IE 'CITY OF BOYNTON ]BEACH,
FLORIDA, A1VfENDING APPENDIX A, ZONING REGU-
LATIONS, OF TIlE CODIFIED ORDINANCES OF SAID
CITY TO ADD A NESV SECTION 11, 2, ENTITLED CON-
DITIONAL USES; PROVIDING FOR AUTHORITY TO
CODIFY, SAVINGS CLAUSE, REPEALING PROVISION,
AN EFF]DCTIVE DATE AND FOR OTHER PUR?OSES.
BE IT ORDAIialED BY THE CITY COUNCIL OF THE CITY OF
BOYNTON BEACH, FLORIDA:
Section 1: Thai Section i1.2 is hereby added to Appendix A, ZONING
R~GULATIONS, of the Codified Ordinances of the City of Boynton ]Beach,
Florida, to read as follows:
"Section 11.2. CONDITIONAL USES.
[A) SCOPE. Where zoning district regulations indicate thai a use
is al[dwed as a conditional use, the procedures, requirements, and
standards set out in this section shall apply.
(B) DEFINITION. A conditional use is a use that woul¢I, not be
appr0priale generally, or without restriction throughout a zoning
classifinatinn or district. Such uses however, if conirolled as To
area, location, number, or relation to the neighb)~Y~ood, would
promote public appearance, comfort, convenience, general welfare,
good order, health, morals, prospegity, and safety of the City. Such
uses may be allowed insa zoning classification or district as a con-
ditionat use if specific provision for such a conditional use is made
in these zoning regulations.
(C) PROCEDURES, Any person, firm, or corporation owning
property within thee City of Boynion Beach, desiring lo obtain a con-
dilional use, shall proceed in the following manner:
The owner shall submit an application to lhe Planning, Director,
on forms prescribed by the Direczor. Designation of a person
other than the owner to sign the application shall be in writing
and attached to the application. Each application shall be ac-
companiSd by a fee of $ 200.00 payable to the City of
B oynton Beach, F[orida.
The Planning Director shall then refer the application to the
Planning and Zoning Board for a public hearing in accordance
ivith the following:
The owners of ali property located four hundred (400') feet
surrounding the subject parcel shah be notified.
(bt
The, ownership of alt t~e ~surrounding properties as submit-
ted by the app~licant, shall be reviewed by the City Clerk,
who shah nolify the ~owners by regular mail of the date and
purpose of the public hearing. Mailing shall be at least ten
(10). dags in advance of the public hearing so that owners
may b.e ~epresented in person, or by proxy, For notificalioi
purposes, the owners of properly shall be those recorded on
the latest official County tax rolls.
(c)
Notice of the public hearing shah also be advertised in a
newspaper pub[is~hed in this City at [east ten (~_.in
advance of the hearing.
After holding a public hearing and reviewing the application, fhe
Planning and:,Zoning Board, subject to the standards of subsec-
tion D below, may approve (with or without conditions and safe-
guards~ specifying a time limit within which the conditional use
must be developed, or it may deny the conditional use. A writ-
ten report of the Board's findings shall be £orwarded to the City
Council.
Upon receipt of any report end recommendation, the City Coun-
cilat a regular meeting shall review the application, and s.ub-
ject to th~,standards of subsection D below, may approve (with
or without condilions and safeguards) specifying a time limit
within which the conditional use must be developed, or it may
deny the conditional use.
After receiving approval from City Council, the applicant may
proceed Ko furnish the necessary information to the BuiLding
Department ~or obtaining building permits. The Building De-
partment shall not issue a building permit unless such permit
conforms in every respect to the conditional use as approved by
City Council.
(D) STANDARDS FOR EVALUATING CONDITIONAL USES, The
Planning and Zoning Board and City Council shall consider only such
conditional uses as are authorized under the terms of these Zoning
Regulations and, in connection therewith, may grant conditional uses
absolutely or conditioned upon the faithful adherence to and fulfil[-
ment of such restrictions and conditions including, but not limited
the dedication of property for streets, alleys, recreation space and
sidewalks, as shah be determined necessary for the protection of the
surrounding area and the citizens' genera[ welfare, or deny condi-
tional uses when not in harmony wittithe intent and purpose of this
section. In evaluating an app[ination for conditional use, the Board
and Council shah consider the effect of the proposed use on the gen-
era[ health, safety and welfare of the community and make written
findings certifying that satisfactory provision: has been made con-
cerning the following standards, where applicable:
Ingress and egress to the subject property and proposed struc-
tures thereon, with particular reference to automobile and
pedestrian safety and convenience, traffic flow and control, and
access in case of fire or catastrophe.
Off-street parking and loading areas where required, with par-
ticu[ar attention to fhe items in subsection (D)(I) above, and the
economic, glare, noise, and odor effects the conditional use wi[[
have on adjacent and nearby properties, and the City as a whole.
3. Refuse and service areas, with particular reference to the items
in subsection (D)(1) and (D)(2) above.
4. Utilities, with reference to locations, availability, and compat-
ibility.
5. Screening, buffering and landscaping with reference to type,
dimensions, and character.
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5. Signs, and proposed exterior lighting, with reference to glare,
traffic safety, economic effect, and compatibility and harmony
with adjacent and nearby properlies.
7. Required setbacks and other open spaces,
8. General compatibility with adjacent properlies, and olher
property in the zoning district.
9. tIeight o~buitdings and structures, ~ith reference to compat-
ibi[it~ and harmony ~o adjacent and nearby properties/and the
City as a whole.
10. Economic effects on adjacent and nearby properties, and the
Ciiy as a whole.
(E) TI1VIE LIMITATION; EXTENSION OF CONDITIONAL USES.
~Vhen the City Council approves a conditional use, ii shall es-
zablish a time limit within which a conditional use may be
developed. In the event that the conditional use is not developed
within said time limitation, it shall expire unless improvements
representing 25% of the toia[ cost of all improvements to be
used in developing a conditional use have been con,~tructed on
the property.
The City Council may extend a conditional use approval in ac-
cordance with lhe standards set forth herein. If lhe City Coun-
cil does grant approval for an extension of a conditional use, it
shail also set a time period for such extension, and in the event
that development has not progressed to the extent specified in
subsection (E)(1) above at the expiration Of the time period, then
the extension shah be deemed to have expired. However, an
applicant may apply fop more than one extension of a conditional
An application for an extension of a conditional use shah be
submitted to the Planning Director on forms prescribed by
the Director nol less than 45 days prior to its expiration.
Each application for extension shad be acoompanied by a
fee of $ 75.00 payable to the City of Boynzon Beach,
Florida. The Planning Director, upon receipt of a properly
comp[eted ap~[icafio~ sha[[ forward the same to the Plan-
ning and Zoning Board which shah make a recommendation
to the City Counci[ to either approve or deny the extensio~
request. If lhe recommendation of the Planning and Zoning
Board is for approval, it sha[[ also recommend a time
period for the extension.
(b)
In evaluating applications for extensions, the City Council
and Planning and Zoning Board shah use the following
standards:
(~)
Where There Are Substantial Physical Improvements
On The Land. Deve[opmen% approval for any extension
is granled by the City only to enable an applicanl to
comp[ere development and construction of a project as
opposed to permitting a land speculator to retain an
approva[ zo more readily sell the [and. Thus, consid-
eration shah be given to applicant's genuine desire to
physically develop the [and involved as evidenced by
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his diligence and good faith efforls lo actually com-
mence alic~ complete construction of the project for
which original approval was granled. In determining
good faith, some factors to be considered are: the
toni to which construction has commenced, wher~con-
struction has occurred (construction which is com-
menced immediately preceding expirali~)n generally in-
dicating a ,lack of good faith); and the extent io which
Caere has been a bona fide continuous effort to develop
but b. eoause of cirou=s ce; be on me control of me
applic~ni; it was no% posslbl~ to '~eet th~ time 'limita-
tion referred to in subsection (E) 1) above.
(2)
~Zhe,n The Land IIas I~ot ]Been ~Subs~anti~[ly Physically
In~pr0v~ed Or The AppLi~anl I~'as Not Mef~ The Standards
Of;{E~(2)(b)(1) Above. The application Bhall be evalu-
ated~ in accordance with the criteria set forth in Section
1i. 2 (t))which relates t0 an orig~al ~pPlieaiion t0 be
considered tuader this s~ubsecii0n~ the Planning Direc-
tor may ~equire the submission o~ such additional and
current information as he may d~lem appropriate to
evaluate the application. The additional and current
information requested shall be ~of the same type as is
requi~ed under Section 11.2 (F) for an original condi-
tional use application.
When A Conditional Use Expires: And No.Exlensiom l~as
Been Approved. Any building p~rmits outStandirtg
with reference zo such conditional use shall also ex-
pire, unless as zo a particular pelrmit, construction
has commenced as defined in Cha~ter 5 of this Code.
(F) CONTENTS OF THE CONDITIONAL USE APPLICATION, Ap-
p[ications for eon~litional use shall contain-the following items,
where applicable:
Statement of the applicant's interesz in the property ~o be
developed, including s copy of the last recorded ~rarran~y Deed,
and a ceriificate from an attorney-at-law or a title insurance
company certifying who the current fee simple l~tle holders of
record of the subject property are, and the nature and extent of
their interest therein, and
(a) If joint and several o~vnership, a written consent to the
development Froposat by all owners of record, or
(b) [fa contract purchase, a copy of the purchase contract and
written consent of the seller/owner, Or
(c) [f an authorized agent, a copy of,the a~ency agreement and
written consent of the principal/owner, or
(d) If a lessee, a copy of the Lease agreement and written con-
semi of the owner, or
(e) If a corporation or other business entity, the name of the
officer or person responsible for the application, and writ-
ten proof that said representatives ha~ke the delegated
authority ~o represent the corporation or other business
entity~ or in lieu thereof, written proof that he is in fact
an officer of the corporation.
Legal suryey, prepared by a surveyor registered in the State of
Florida, showing an accurate legal description of the subject
property, and the total acreage computed to the nearest one-
tenth (t/10~ of an acre.
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Vicinity map she,wing the location of lhe subject property in re-
lation io lhe surrounding street sysfem.
Drawing showing the location of all property lying four-hundred
(400~) feet surrounding the subjeci parcel, and a complete list
of the property owners names, mailing addresses and legal
descr~l~tions. The owners of property shall be [hose recorded
on the latest ~fficia[ County tax rolls, Such list shall be accom-
panied by an affidavit slating that to the beast of lhe applicant's
knowledge, said iisi is complete and accumate.
5. Site plan drawn to an appropriale scale, showing the following:
(a) Name of the project.
(b) Name, address, and telephone number of ~he owner and
applicant.
(c) North arrow, date, and scale.
(d) Legal description.
(e) Location of all proposed buildings and structures, indicatir~
their setback distances from the property lines and roadway
(f) Intended use of all buildings and ~tructures.
(g) Existing and proposed means of vehicular ingress and egres
to the subjecf property. Indicate traffic flow and show how
vehicular traffic will be sle. Parated from pedestrian and
ottler types of traffic.
(h) Location of off-street parking and loading areas, showing
zhe number of parking spaces, and lhe dimensions of park-
lng aisles and driveways.
(i) Location of all utility lines including gas, power, sewer,
water, etc.
(j) Location of all buffers, fences, screens and walls, showing
height and Type of rr~ateria[s used.
Location of all signs indicating height, lighting, and type of
,materials used.
([) Location of outdoor lighting showing direction, height, and
type.
(m) Location of solid waste containers, refuse, and service
areas, indicating dimensions, type of materials used, and
type of screening.
(n) Site development date, including:
(l) Zoning District
(2) Area of Subject Property
(3) Type of Development
(4) Parking Spaces Required
(5) Parking Spaces Provided
(6) Ground Floor Building Area
(7) Total Floor Area
(8) Landscape Area
(9) Parking and Street Area
(10) Building Heights
Sq. ft. Acres
Sq. fi. ~% of S,iie
Sq. ft. - % of-Site
'Sq. ft. % of Site
Sq. ft. % of Site
ft. Stories
If the proposed project is a residential development, the
~ f&llowing additional data shall be shown:
(11)
(12)
(13)
Number of Dwelling Units
Gross Density
Number and Type of Dwelling Units:
(a) Efficiency
(b) One Bedroom
Two Bedroom
(d) Three Bedroom
(e) Four Bedroom
' (~)) ~l:num~.r~of~it~ s
(1~) Floor Area of ]Dach Type ~Sf Dwelling lJ~iit:
(a) Efficiency Sql ft.
(b) One Bedroom Sq. ft.
(c) Two Bedroom Sq. ft.
(d) Three Bedroom Sq. ft.
(e) Four Bedroom Sq. ft.
(15)
Indicate the Total Area of the Fo[lowing:
(a) Principal Buildings ' 'Sq. ft.
(b~ Accessory Buiidings
(c) Recreation Areas
(d) Water Bodies
(e) Golf Course
~ of Site
~Sq. ft. ' % of Site
Sq. ft.'. % of Site
Sq. ft. '% of Site
Sq. ft. % of Sit~
Any other information necessary to establish compliance
with this seclion. [
Section 2: Authority zo Codify: Specific aulhority is hereby g~anted
to codify and in~rporate this Ordinance in the City's existing Code.
Section 3: Separability: Each of lhe provisions of this Ordinance is
separable, including word, clause, phrase or sentence, and if any portion
~ereof shah be declared invalid, lhe remaining portion shah not be affected
but shall remain in full force and effect.
Section 4: Repealing Provision: All ordinances or parts of ordin-
ances m conflict herewilh are hereby repealed.
Section 5: An Effective Date: This Ordinance shall become
effective in the manner and at the time provided by [aw.
Second, final reading and passage this /~ day of
A.D. 1976.
CITY OF-I
BY
FLORIDA
ATTEST:
Counci[ IVIemb e
)er
Council
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