O96-57ORDINANCE NOi O96-,~'~'
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA AMENDING
CHAPTER 7.5, OF THE LAND DEVELOPMENT
REGULATIONS, "ENVIRONMENTAL REGULATION"
IS HEREBY AMENDED BY DELETING SECTIONS 26
AND 26. 1, OF ARTICLE I. IN THEIR ENTIRETY; BY
AMENDING ARTICLE II. "LANDSCAPE CODE.",
SECTIONS 5; BY DELETING SECTION 11 AND
SECTION 12 IN THEIR ENTIRETY, RESERVING SAID
SECTIONS; BY AMENDING ARTICLE I!1. "CENTRAL
BUSINESS DISTRICT LANDSCAPE CODE". BY
DELETING SECTION 9 IN ITS ENTIRETY AND
RESERVING SAID SECTION; BY AMENDING
ARTICLE IV. "ENVIRONMENTALLY SENSITIVE
LANDS.", SECTION 5; 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 7.5, Article I, Section 26 and Section 26.1 are hereby
deleted in their entirety, reserving said Sections.
Chapte7.5. LDR Rev.
10/31/96
Section 2. Chapter 7.5, Article II, Section 5 of the Land Development
Regulations 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 5. Particular requirements.
A. Installation. All landscaping shall be installed...
Maintenance. The owner, or his agent, shall be responsible for the
maintenance of all landscaping which shall be maintained in good condition so
as to present a healthy, neat and orderly appearance and shall be kept free
from refuse and debris. All landscaped areas shall be provided with an
automatic irrigation water supply system. Exception: Irrigation is not
required for areas fully xeriscaped and approved by the City urban forester.
Accessways. The maximum width of an accessway (whether one- or two-way
traffic) through the required perimeter landscape strip to an off-street parking
or other vehicular use area shall be ~ thirty-two (32) feet. The
balance of such street frontage not involved with accessways shall be
landscaped in accordance with the provisions of this section.
Point of access. When an accessway intersects a public right-of-way or when
the subject property abuts the intersection of two (2) or more public rights-of-
way, all landscaping within the triangular areas described below shall provide
unobstructed cross-visibility at a level between thirty (30) inches and six (6)
feet above pavement, provided, however, trees or palms having limbs and
foliage trimmed in such a manner that no limbs or foliage extend into the
cross-visibility area shall be allowed, provided they are located so as not to
create a traffic hazard. Landscaping, except required grass or ground cover,
shall not be located closer that three (3) feet from the edge of any accessway
pavement. The triangular areas above referred to are:
Section 3. Chapter 7.5, Article II, Section 11. "Appeals"., and Section 12.
"Certiorari review to circuit court." are hereby deleted in their entirety, reserving
said Sections.
Section 4. Chapter 7.5, Article III "Central Business District Landscape
Code", Section 9, "Appeals" is hereby deleted in its entirety, reserving said Section
9.
Chapte7,5.LDR Rev.
10/31/96
Section 5. Chapter 7.5, Article IV. "Environemntally Sensitive Lands",
Section 5. "Appeals process." 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 5. Appeals prc, ccgg.
Any aggrieved person may ,,v~,
the as ou~ned in Chapter 1, ~icle ~I. The following stand.ds -:&ich shall be addressed
by the
-er ...... appellant in ~s wfi~en request:
Whether the subject property is an environmentally sensitive land or contains
endangered, threatened and rare species and/or species of special concern in
accordance with the definitions set forth in Sections 2.C and D; and
Whether the conditions placed on the development application u..vj ~.u~ .... p!ar. mng'
....~ a .... ~ ..... *bcard are reasonable and represent sound environmental
practices necessary to mitigate possible harmful impacts upon the subject
property and are necessary in order to protect the health, safety and welfare
of the citizens of the City of Boynton Beach.
Section 6. 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 7. All laws and ordinances applying to the City of Boynton Beach
in conflict with any provisions of this ordinance are hereby repealed.
Section 8. 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 9. Authority is hereby given to codify this Ordinance.
Section10. This Ordinance shall become effective immediately.
FIRST READING this ~ day of November, 1996.
Chapte7.5. LDR Rev,
10/31/96
3
II
SECOND, FINAL READING AND PASSAGE this ,:~'/ day of January, 1997.
ATTEST:
City/-/Clerk
CITY OF BOYNTON BEACH, FLORIDA
May~r //
'~ce~n~rr ~, May
/
/.
Chapte7.5.LDR Rev.
10/31196