O75-10ORDINANCE NO. 75-10
AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA,
AMENDING SECTION 31-10.1 OF CHAPTER 31 OF THE
CODIFIED ORDINANCES OF SAID CITY, PROVIDING FOR
CERTAIN EXCEPTIONS TO .THE HEIGHT LIMITATIONS OF
STRUCTURES; PROVIDING FOR AUTHORITY TO CODIFY,
SAVI~G$CLAUSE, REPEALING3PROVISIONS, AN EFFECTIVE
DATE ~ikrD FOR OTHER ~URPOSES.
WHEREAS, Section 31-10.1 of Chapter 31 of the Codified
Ordinances of the City of Boy, ton Beach, Florida,
height
within the municipal limits of said City; and
provides for a
limitation of forty-five feet (45') for structures erected
WHEREAS, the City Council of said City deems it in the
best interest of %he public safety
to provide for certain exceptions
and welfare of the community
to the said height l~nitations,
subject to review by the City Planning and Zoning Board and
approval by the City Council of said City.
NOW. THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF BOYNTON BEACH, FLORIDA:
Section t: That Section 31-10.1 of Chapter 31 of the
Codified O~dinances of the City of Boynton Beach, Florida, is
hereby amended to read as follows:
"Sec. 31-10.1. Maximum height of structures.
(a)
No portion of any structure intended to be
utilized for residential, commercial or indus-
trial purposes erected within the mun~icipal
limits of the City of Boynton Beach, Florida,
shall exceed the height of forty-five feet (45')
above the final grade level of any such struc-
ture, except as otherwise provided in
paragraph (b) below.
(b)
Water, fire, radio and television towers,
church spires, domes~ cupolas, cooling towers,
flagpoles, and similar structures and their
necessary mechahical appurtenances may be
erected in excess of the height limits herein
established in paraqraph (a) above when, after
review of the pTans and specifications for
such structures and public hearing thereon,
the Planning and Zoning Board finds as a fact
that the proposed structure is consistent with
the City's comprehensive development plan and
is in the public interest and the Planning and
Zoning Board recommends such proposed use to the
City Council for approval, and provided that the
City Council thereafter approves such plans
and specifications. Any review of such ~lans
and specifications for structures in excess of
"height limitations set forth in paragraph
(a) above shall consider the character
of the neighborhood in which the proposed
structure is to be located, with reference
to the effect o{ the proposed structure on
surrounding properties and the public benefit
and need for such structure in
neighborhood."
Section 2m Authority to Codif~[ Specif~ic authority is
hereby granted to codify and incorporate this Ordinance in the
City's existing Code.
Section 3. ~eparability: Each of the provlsmons of this
Ordinance are separable, including word, clause, phrase or
sentence, and 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 Provisions: Ail ordinances or parts
of ordinances mn conflict herewith are hereby repealed-
Section 5. An Effective Date: This ordinance shall
become effective in the manner and at the time provided by law.
First reading
Second, final
this day of March, A.D., 1975.
reading and passage this L/~ day of
1975.
CITY OF BOYNTON BEACH, FLORIDA
By
Maybr
;T:
il Member