16-002 1 ORDINANCE NO. 16-002
2
3 AN ORDINANCE OF THE CITY OF BOYNTON BEACH,
4 FLORIDA, AMENDING PART II, CHAPTER 2,
5 . ARTICLE XII, SECTION 2- 163(b) OF THE CODE OF
6 ORDINANCES ENTITLED "ESTABLISHMENT OF
7 PUBLIC ART FEE" TO PROVIDE FOR RESIDENTIAL
8 COMMUNITY PROJECT EXEMPTIONS TO THE
9 PUBLIC ART FEE; ESTABLISHING A RETROACTIVE
10 DATE FOR APPLICATION OF THE EXEMPTION;
11 PROVIDING FOR CONFLICTS, PROVIDING FOR
12 SEVERABILITY, PROVIDING FOR CODIFICATION
13 AND PROVIDING FOR AN EFFECTIVE DATE.
14
15 WHEREAS, the City Commission has established that all development,
16 redevelopment, reconstruction or remodeling projects commenced after the adoption of this
17 article which have a construction value of $250,000.00 or greater, shall participate in the Art
18 in Public Places Program by paying a public art fee; and
19 WHEREAS, the City Commission have also provided for certain exemptions to the
20 required participation in the Art in Public Places Program; and
21 WHEREAS, the City Commission, deems it appropriate and in the best interests of
22 the citizens and residents of the City of Boynton Beach to expand the exemptions to include
23 projects contained in residential communities that have no accessory commercial activities
24 that are open to the general public.
25 BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
26 BOYNTON BEACH, FLORIDA:
27 Section 1. The foregoing "WHEREAS" clauses are hereby ratified and confirmed
28 as being true and correct and are hereby made a specific part of this Ordinance upon adoption
29 hereof, as if fully set forth herein.
30 Section 2. Part II, Chapter 2, Article XII, Section 2 -163 (b) of the Code of
31 Ordinances entitled "Establishment of Public Art Fee," is amended to read as follows:
(00110565.1306- 9001821 )
Words in strike th rough type are deletions from existing law;
Words in underlined type are additions.
32 (b) The following types of projects are exempt from the payment of the public art
33 fee:
34
35 (1) Remodeling, repair or reconstruction of structures damaged by fire, flood,
36 wind, earthquake or other calamity determined by the City of Boynton Beach
37 Building Official.
38
39 (2) The percent of the project dedicated to affordable housing as defined by the
40 City of Boynton Beach.
41
42 (3) All projects which were submitted prior to or on October 5, 2005,
43 notwithstanding any subsequent request for site plan extension.
44
45 (4) Single - family and two - family in -fill housing.
46
47 (5) Normal, routine maintenance including replacement of existing damaged or
48 failing structural or non - structural elements, HVAC, plumbing, electric, or fire
49 detection/suppression equipment of a project not associated with an addition,
50 renovation or new construction.
51
52 (6) Remodeling, repair, reconstruction, or additions made after October 5, 2005 to
53 any existing amenity clubhouse, building, pool, park, playground and/or common
54 area element located within an existing private residential development. This
55 specific exemption applies retroactively to October 5, 2005.
56
57 Section 3. If any section, sentence, clause, or phrase of this Ordinance is held to be
58 invalid or unconstitutional by any court of competent jurisdiction, then said holding shall in
59 no way affect the validity of the remaining portions of this Ordinance.
60 Section 4. It is the intention of the City Commission of the City of Boynton Beach,
61 Florida, that the provisions of this Ordinance shall become and be made a part of the City of
62 Boynton Beach Code of Ordinances; and that the sections of this ordinance may be
63 renumbered or relettered and the word "ordinance" may be changed to "section," "article," or
64 such other appropriate word or phrase in order to accomplish such intentions.
65 Section 5. This Ordinance shall become effective on the date of second reading set
66 forth below. All changes, additions, and implementation of any rate or fee shall take effect
67 immediately.
(00110565 1 306 - 9001821
Words in strike through type are deletions from existing law;
Words in underlined type are additions.
68 FIRST READING this 19th day of January, 2016.
69 SECOND, FINAL READING AND PASSAGE this 2nd day of February, 2016.
70 CITY OF BOYNTON BEACH, FLORIDA
71
72 YES NO
73
74 Mayor — Jerry Taylor > f"
75
76 Vice Mayor — Joe Casello 1 . 7
77
78 Commissioner — David T. Merker
79
80 Commissioner — Mack McCray
81
82 Commissioner — Michael M. Fitzpatrick I ,,/ /
83
84
85 VOTE 5'0
86
87 ATTEST:
E J + f/
//
91 J ith A. Pyle, CMC
92 yerim City Clerk
93..
p
96 (Corporate Seal)
98 R
(00 1 306 - 9001821 )
Words in strike type are deletions from existing law;
Words in underlined type are additions.