O96-60ORDINANCE NO. O96-~::~
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA AMENDING
CHAPTER 20, OF THE LAND DEVELOPMENT
REGULATIONS, "BUILDINGS, HOUSING AND
CONSTRUCTION REGULATIONS" BY AMENDING
ARTICLE 1. "IN GENERAL", SECTION 6 AND SECTION
7; BY AMENDING ARTICLE IX. "SWIMMING POOLS" BY
CREATING A NEW ARTICLE XIII. ENTITLED "HISTORIC
PRESERVATION"; 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 20, Article I. Section 6. "Coastal building zone and code."
is hereby amended by adding the words and figures in underlined type and by deleting
the words and figures in struck-through type, as follows:
Section 6. Coastal building zone and code.
The coastal building zone for the city is the land area fi-om the seasonal high-water
line landward to a line one thousand five hundred (1,500) feet landward from the
coastal construction control line as established pursuant to Section 161.053,
Florida Statutes. Development projects within this zone must utilize best
management construction techniques for natural resource protection and must
conform to the goals~ objectives and policies of the comprehensive plan of the
city, Chapter B7, Coastal Management.
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Rev. 10/30/96
The coastal construction code was adopted on August 19, 1986 and applies to all
construction within the coastal building zone. It is not set out at length herein,
but is on file and available for inspection in the offices of the city clerk and the
director of development.
Section 2. Chapter 20, Article I. Section 7. "Reserved." is hereby amended
by adding the words and figures in underlined type and by deleting the words and
figures in struck-through type, as follows:
Section 7. Resel~edSoil Tests.
Where the bearing capacity_ of soil is not definitely known, the director of development
may require test or other adequate proof to establish permissible safe beating capacity.
Tests shall be certified, signed and sealed by a Florida registered engineer, and shall be
submitted with the building permit application..
Section 3. Chapter 20, Article IX. "Swimming Pools" is hereby amended by
adding the words and figures in underlined type and by deleting the words and figures
in struck-through type, as follows:
ARTICLE IX. SWIMMING POOLS
The swimming pool code was adopted and established as the uniform swimming pool
code of the dty on T.a.. ~r~n,~
o,~j 7, .,.,. September 4, 1996, and is on file as Ordinance No. ~ 96-39
in the office of the city clerk and the office of the director of development.
Section 4. That there is hereby created a new Article Xlil. entitled "Historic
Preservation", as follows:
ARTICLE XHI. HISTORIC PRESERVATION
Section 1. Generally.
It is the intent of the city to encourage the preservation of historically significant buildings
within its corporate limits. All historic buildings other than single family and duplex dwellings
shall be reviewed for historical significance in all development and construction proposals
presented to the city. Preservation of such buildings will be required unless it can be established
by the applicant that preservation significantly interferes with the reasonable use of the property.
Section 2. Waiver of technical requirements.
The provisions of the technical codes relating to the construction, alteration, repair,
enlargement, restoration, relocation or moving of buildings or structures shall not be mandatory
for existing buildings or structures identified and classified by the state or local jurisdiction as
Historic Buildings when such buildings or structures are judged by the director of development
to be safe and in the public interest of health, safety and welfare regarding any proposed
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construction, alteration, repair, enlargement, restoration, relocation or moving of buildings within
fire districts.
Section 3. Design Conformance
Additions and/or modifications to historical buildings shall conform to the architectural
style of the original building.
Section 3. That each and every other provision of the Land Development
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 ~:~/ day of January, 1997,
ATTEST:
Cit,C'Clerk
CITY OF BOYNTON BEACJ-I, FLORIDA
do~missioner
Co~ssioner
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