O96-62ORDINANCE NO. O96-/-..,~
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA AMENDING
CHAPTER 22 OF THE LAND DEVELOPMENT
REGULATIONS, "STREETS AND SIDEWALKS", BY
AMENDING ARTICLE I., "IN GENERAL", SECTION 1,
BY CREATING SECTION 5, ENTITLED "SIDEWALKS
WHEN REQUIRED"; BY AMENDING ARTICLE I!,
"CONSTRUCTION, REPAIR OR ALTERATION",
SECTION 7, "WORK WITHIN RIGHTS OF WAY";
AMENDING ARTICLE III, "STREET AND EASEMENT
ABANDONMENT" SECTION 2,
,
"APPLICATION/SUBMISSION"; PROVIDING FOR
CONFLICTS, SEVERABILITY, CODIFICATION AND
AN EFFECTIVE DATE.
WHEREAS, it has come to the attention of the City Commission of the City
of Boynton Beach that some clarification is required regarding certain Sections and
Articles in the recently adopted Land Development Regulations; and
WHEREAS, upon recommendation of staff, the City Commission of the City
of Boynton Beach has deemed it to be in the best interests of the citizens and
residents of the City of Boynton Beach to amend these Land Development
Regulations;
NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section 1. Chapter 22, Article I. "In General", is hereby amended by
creating a new Section 5, as follows:
Section 5. Sidewalks, when required.
Prior to the issuance of any certificate of occupancy/completion for any improvement
exceeding 70% of its current assessed property_ valuation, the owners of all undeveloped lots,
platted or unplatted, and the owners of all plots not subject to platting, shall construct a
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10/30/96 ,. 1/16/97 1
sidewalk thereon in conformance with Chapter 6, Article IV, Section 10. T of the Land
Development Regulations. This requirement shall also apply when a change in occupancy
defined in the Standard Building Code occurs and/or when any bui!d~ng is reconstructed in
an amount which exceeds seventy (70) per cent of its current assessed valuation.
Waiver. Upon the recommendation &the director of development, sidewalk
requirements may be waived for an individual lot when adequ_a_te pedestrian
circulation is provided by bicycle or pedestrian paths, or where the sidewalk
requirement would not be compatible or in harmony with adjacent/nearby
properties previously developed without sidewalks. An application fee a.~
adopted by resolution of the City Commission shall accompany application.*.
for waiver of this section.
Section 2. Chapter 22, Article II, "Construction, Repair or Alteration",
Section 7, Work within rights of way, is hereby amended by adding the words and
figures in underlined type, as follows:
0.-._%
Neighborhood Identification Signs. Identification si~.~ns for residential
neighborhoods may be allowed in city-owned right-of-way subject to the
following conditions:
Sign does not interfere with maintenance of existing utilities, and;
Sign does not interfere with vehicular visibility standards, and;
Sign is in conformance with this Chapter, Article IV, Section 1,
Paragraph B, and;
Application is submitted by an incorporated association which
represents the neighborhood and which completes an agreement to
remove the sign upon demand by the City, and;
All appropriate provisions of this Chapter, Article II, Section 7
entitled, Work within right-of-way, as well as Chapter 21, Sign.q, and
Chapter 2, Zoning.
Section 3. Chapter 22, Article III. "Street and Easement Abandonment",
Section 2, Application/submission, is hereby amended by adding the words and
figures in underlied type, as follows:
Such other relevant information as the city may require including, but not
limited to, an ownership and encumbrance report from a title company.
Section 4. That each and every other provision of the Land Development
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Regulations not hereinbefore specifically amended shall remain in full force and
effect as previously enacted.
Section 5. All laws and ordinances applying to the City of Boynton Beach
in conflict with any provisions of this ordinance are hereby repealed.
Section 6. Should any section or provision of this Ordinance or any
portion thereof be declared by a court of competent jurisdiction to be invalid, such
decision shall not affect the remainder of this Ordinance.
Section 7. Authority is hereby given to codify this Ordinance.
Section 8 This Ordinance shall become effective immediately.
FIRST READING this /~ day of November, 1996.
SECOND, FINAL READING AND PASSAGE this ,:,8,' day of January, 1997.
ATTEST:
City'Clerk
CITY OF BOYNTON BEACH, FLORIDA
Mayo ~ ,~ c ~
~'~ce May/or ~/ ! ~ _~.~
Commissioner .~
i~ioner