O82-01ORDINANCE NO. 82- ~
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF BOYNTON BEACH, FLORIDA, PROPOS-
ING THE ADOPTION BY REFERENDUM VOTE OF
THE ELECTORS OF THE CITY OF BOYNTON
BEACHBY ORDINANCE OF APPENDIX A
"ZONING", SECTION 4 "GENERAL PRO-
VISIONS" (F) "HEIGHT LIMITATIONS AND
EXCEPTIONS" OF THE ORDINANCES OF THE
CITY OF BOYNTON BEACH; PROVIDING AN
EFFECTIVE DATE AND FOR OTHER PURPOSES.
WHEREAS, Appendix A "Zoning", Section 4 "General Pro-
visions" (F) "Height Limitations and Exceptions" of the Code of th,
City of Boynton Beach presently governs the heights of structures
within the City of Boynton Beach.
WHEREAS, it has been proposed that the electors of the
City should consider whether they wish to adopt said height
limitations by referendum vote.
NOW, THEREFORE, BE AND IT IS ORDAINED BY THE CITY COUNCIL
OF THE CITY OF BOYNTON BEACH:
Section 1. The City Council proposes the adoption of
Section 4(F) "Height Limitations and Exceptions" to read as follow~
4 F. HEIGHT LIMITATIONS AND EXCEPTIONS
1. No portion of any structure intended to be
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,
electrical and mechanical support systems, and
similar structures, and their necessary
mechanical appurtenances may be erected within
a structure or on top of the structure, above
the district height limitations provided
herein, after obtaining approval of the
city council based on their consideration of
Section 2. That the official ballot title of said
referendum as required by Florida Statutes 101.16i (1980) shall
read as follows:
"AdOption of a 45 foot height limitation
throughout City and enumerating exceptions
thereto"
yes
no
Section 3. That the official substance of the amend-
ment to be placed on the ballot in said referendum as required by
Florida Statutes 101.161 (1980) shall read as follows:
Adoption of Appendix A "Zoning"~ Section 4
"General Provisions" (F) "Height Limitations
and Exceptions" to provide for a 45 foot
height limitation in residential, commercial
and industrial zones of the City of Boynton
Beach and exception procedures relating
to mechanical structures, i.e. elevator
shafts~ church spires, and air condition-
lng units.
Section 4. That the City Clerk is hereby instructed to
immediately submit a certified copy of this Ordinance to the
Supervisor of Elections for Palm Beach County in order that said
Referendum may be placed on the ballot for March of this year that
the City Clerk is further required to take all actions necessary
to see that said Referendum is placed on the ballot at the' time
of the municipal election.
Section 5, This Ordinance shall become effective ten
(10) days after said has been passed by a majority of the qualifie¢
of the electors of the City voting in the referendum election.
Section 6. Should any portion, sentence, paragraph or
word of this Ordinance ~e declared by a court of competent juris-
diction to be invalid, said ruling shall non affect the remainder
of this Ordinance.
-3-
the standards for evaluating exceptions to
district height regulations set forth in
Paragraph 3 below.
In considering an application for exception
to the district height regulation, the city
council shall make findings indicating the
proposed exception has been studied and
considered in relation to the following
standards, where applicable:
a. Whether the height exception will have
an adverse affect on the existing and
proposed land uses.
b. Whether the height exception is necessary.
c. Whether the height exception will severly
reduce light and air in adjacent areas.
d. Whether the height exception will be a
deterrent to the improvement or develop-
ment of adjacent property in accord with
existing regulations.
e. Whether the height exception will adversel]
affect property values in adjacent areas~
f. Whether the height exception will adversel'
influence living conditions in the nei
hood.
g. Whether the height exception will constil
a grant of a special privilege to an
individual owner as contrasted with the
public welfare.
h. Whether sufficient evidence has been
presented to justify the need for a height
exception.
i. The city council may, in connection with
processing of application for exception
hereunder, refer same to the planning and
zoning board for recommendation.
-2-
FIRST READING this ~ day of ~/~z~ , 1982.
SECOND and FINAL READING this ~]~ day o~
h~.~,~. ,1982. CITYOFBOYNTONBEACH, FLORIDA
ATTEST:
Ci'ty Clerk
-4-