O96-49ORDINANCE NO. O96-,~
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA AMENDING
CHAPTER 1, OF THE LAND DEVELOPMENT
REGULATIONS, ARTICLE 1, SECTION 11, '¥ARIANCES."
BY DELETING SAID SECTION IN ITS ENTIRETY AND
RESERVING SECTION 11; AMENDING SECTION 12,
"EXCEPTIONS." BY DELETING SAID SECTION IN ITS
ENTIRETY AND RESERVING SECTION 12; AMENDING
SECTION 13, "APPEALS." BYDEEETING SECTION 13 IN
ITS ENTIRETY AND RESERVING SECTION 13;
AMENDING ARTICLE II. CHAPTER 1 "DEFINITIONS.",
PROVIDING FOR CLARIFICATION AND ADDITION OF
CERTAIN DEFINITIONS; AMENDING ARTICLE III
"JURISDICTION."; AMENDING ARTICLE V., "IMPACT
FEES", BY AMENDING SECTION 1. IN GENERAL;
AMENDING SECTION 3, BOYNTON BEACH
"FEES/DEDICATIONS.", BY AMENDING PARAGRAPH A.
2. RECREATIONAL AREAS; CREATING A NEW ARTICLE
VII. ENTITLED "APPEALS"; CREATING ARTICLE VIII.
ENTITLED "DEVELOPMENT REVIEWS"; CREATING A
NEW ARTICLE IX. ENTITLED "DEVELOPMENT
ORDERS"; BY CREATING ARTICLE X, ENTITLED
"VARIANCES AND EXCEPTIONS"; 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 1, Article I, Section 11 of the Land Development
ChaptermLDR Rev.
10/31/96
Regulations, is hereby deleted in its entirety, reserving said Section 11.
Section 2. Chapter 1, Article I, Section 12 of the Land Development
Regulations is hereby deleted in its entirety, reserving said Section 12.
Section 3. Chapter 1, Article I, Section 13 of the Land Development
Regulations is hereby deleted in its entirety, reserving said Section 13.
Section 4. Chapter 1, Article II, Definitions, 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 II. DEFINITIONS
The words, terms and phrases herein shall be defined as follows unless
otherwise specified in this ordinance. The word "shall" is mandatory, the word "should"
is preferred and the word "may" is permissive. The singular shall include the plural and
the present tense shall include the future tense and vice versa.
BUILDING HEIGHT - The vertical distance between a point six inches below the
finish floor immediately inside the main entrance on the side facing the front property
line and the apex of the highest roof.
CONCEPTUAL FEEDBACK - General reaction to a thought or idea with the clear
understanding that further development of the thought or idea will be considered only
when it is in conformance with all codes, ordinances, rules and regulations.
Conceptual feedback neither provides nor implies either present or future waivers,
variances, exceptions or exemptions from any codes1 ordinances, rules and/or
regulations.
Chapter. LDR Rev. 2
10/31/96
DEVELOPMENT ORDER - Any order .clrantin.q, denying, or .qranting with conditions
an application for a development permit. A development order becomes effective upon
approval by the City Commission and issuance, in writing, by the city attorney.
DEVELOPMENT PERMIT - Any permit for required improvements, buildin_a(s~, zonin.a,
rezoning, plat approval, certification, variance, or other action having the effect of
permitting commencement of development as defined in Section 380.04, Florida
Statutes, or any other official action or types of action by the city which, in the
iud.qement of the city manager, would permit the use or development of land similar to
any of the listed actions.
GROUND SIGN - any sign, other than a pole sign, in which!the entire bottom is in contact with
or is close to the ground and is independent of any other structure.
MAJOR DRIVEWAY - A meier '~";'"-'"-".., ,........, ,.. ;° ....,,, ,....'~-~;"-'~ as _A main ingress or egress
to a public street er-highway from the site of a-majeF anY development generating more
than 1000 vehicular trips per 24 hour day or more than 250 trips in any single hour
including, but not limited to, sac, h-as a ~ shopping center, multiple-family
development, industrial park, hospital or sim;qa~ any Other use.
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PYLON SIGN - A sign that is mounted on a freestanding pole(s) or other freestanding support
so that the bottom edge of the sign face is six feet or more above grade.
SIGN - Shc~l mean and !nc!ude every sigRT, billboard, ground sign, wall sign, roof sign,
illuminated sign, projecting sign, temporary sign, marquee, awning and canopy, and
shall include any announcement, declaration, demonstration, display, illustration or
insignia used to advertise or promote the business or other interests of any person or
entity when the~ame4s placed out'of doors in ~Tiew of the general public.
SIGN, AREA OF - The s~dam-feet area enclosed by the perimeter of the sign:, :r-he
,. ................ s:g,", ...... including all background material, panel, trim and color that
differentiates the sign from the building, structure or object ct, t_o which the sign is
attached T-he .......... ,.i ~,.,,~ ~...,~.o~,,. ,~. .... ;,-,,~,~.. ~,, ~-,~.~, o~,~, o~,~,, ~. ....... ~
0,.,~ ,,-,,3,~,,~ ,,-. ,~..,~,,-,-,,i,.,,. ,k. ,..,3, o~,-,,. 3..,3~ . If the sign is composed of individual
letters or symbols using the wall as the background with no added decoration, the sh3R
area °~,o,, ~,,. ,.3,,., ,,~,.,,~ ~,, ,-~.i.,,. is the sum of the areas of the smallest contiguous
rectangles containing a letter, symbol or continuous line or lines of advertising matter.
Note: Double faced signs are calculated eR~y as single faced until there is more than
a forty-five (45) degree angle between faces.
SIGN CONTRACTOR, ELECTRICAL A person licensed p=mcn ,.,r,.., ~ ..... '~*~'-'~ to
install, repair, alter, add to or change, any electrical wires, apparatus, raceways,
conduit or any part thereof on electrical signs and is qualified to erect signs and
connect to an existing
sign circuit.
SIGN CONTRACTOR, NON-ELECTRICAL - A person licensed by the City perseR
,.,r,,., ;, ,.,, ,3,+~,,~ to install, repair, add to, paint or change non-electrical signs~ aooordi~
SITE PLAN FOR BUILDING PERMITTING - Drawings showing the location of the
proposed building or structure and of every existing building or structure on the site or
lot and other documents required by the director of development.
SITE PLAN FOR DEVELOPMENT OR REDEVELOPMENT - The development plan
for one or more lots submitted in compliance with Chapter 4 including, but not limited
to, requirements of Section 7 therein.
START OF CONSTRUCTION (for other than new construction or substantial
improvements under the Coastal Barrier Resources Act (P.L. 97-348), - IReludes
Chapter. LDR Rev. 4
10/31/g6
~: .......... + o"'~ Io tThe date tC~e a building permit is issued, provided the
actual start of construction, repair, reconstruction or improvement is within one hundred
eighty (180) days of the permit date. The actual start means the first placement of
permanent construction (including a manufactured home) on a site, such as the pouring
of slabs or footings, installation of piles, construction of columns or any work beyond
excavation or placement of a manufactured home on a foundation. Permanent
construction excludes land preparation such as clearing, grading and filling; installation
of streets and/or walkways; excavation for a basement, footings, piers or foundations
or the erection of temporary forms; installation on the property of accessory buildings
such as garages or sheds not occupied as dwelling units or not part of the main
structure.
for all facilities and features
XERISCAPE - A landscaped treatment that substantially reduces irrigation demands
by appropriate plant selection,
ZONING CODE
r,~+,, r,,,,,,,-,,~,,~,.,,, ~,,,, Chapters 2 and 2.5 of the Land Development Regulations as
adopted by the City Commission.
Section 5. Chapter 1, Article III, Jurisdiction. 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 IH. JURISDICTION
Regulations set forth herein shall-be are applicable to all subdivlcicns cf land;
as-defiP, ed herein, in +~'~ I .... "'--'-+~'~ ~-"~- '''~: the City of Boynton Beach, Florida.
Section 6. Chapter 1, Article V. Impact Fees and Dedications. 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 1. In general.
2. RECREATIONAL AREAS.
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PURPOSE. This subsection is enacted to insure that future land
development within the city provides land for park or recreational
purposes in accordance with the open space and recreation element of
the comprehensive maste~ plan as adopted by the City of Boynton
Beach. In order to provide water-based recreation in accordance with
the city's comprehensive plan, waterfront park sites acceptable to the city
shall be provided.
FORMULA FOR DEDICATION OF LAND. :F~-~etecmi¢~ Pt~ark and
recreational land dedications for residential subdivisions tc be d~di"~ted
i .... .,.,~ ...... i,~, ,~, ....... , ~,..,,,4...,~ ,.~ ~ ~ ........... shall be
based on the general standard outlined in paragraph c. herein before
and calculated as follows:
Formula for fees in lieu of land dedication.
GENERAL FORMULA. If it is determined that no park or
recreation facilities ;o *'- :"" :,,,.m,.,4 :,., ,.,:.,,.: ..... ,, proposed
......................... ~....,. are
within the ~ subdivision *'- --'"'~ *:"~ ~,.,,,.,.~,4..m~ 3,,,4 ~, ,,, ,m
,..,~,4o ,.,~ *h .... ~.~,.,-,,. ,.~ ,~, .... :-,,41,,;o:,-,,. the subdivider shall
........... ~ ..... , pay a fee equal to the value of the land~
....... ,'le:ie:,-mine:,-i by *~'" ,,-,-,-,,,,l~ herein -"'~ in ......
..... ~,,- .............. ,,... ,,~,,,,,.,,.,, , ,.,,,,,., a,'~,
such The fee te will be used ~ to acquire and/or
a~ developmeRt-ef park and recreational land which
'"':" to serve the residents of the o..m k,.; .....
subdivision.
(2)
USE OF MONEY. The money collected hereunder shall be paid
to the City of Boynton Beach= and Said mcn=¥ shall b= placed in
a trust fund to be whieh-shaM~e known as the reserve for parks
and recreational facilities. MeP, ies-w,;~,m T_this r-aseR/e account
shall be used,.,,--'~,,., ,---~,--,"v"'"""~"'~,,-,,-,- solely for the acquisition,
improvement, expansion or implementation of parks and
recreational facilities ef in the City of Boynton Beach. Said
Funds shall be used first for the purpose of providing park or
recreational facilities reasonably related to serving said
subdivision by way of the purchase of ~ land, or, ~
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10/3t/96 6
(4)
AMOUNT OF FEE IN LIEU OF LAND DEDICATION. Where a fee
is required to be paid in lieu of land dedication, the amount of
such fee shall be based upon the fair market value of the amount
of land which would otherwise be required to be dedicated
pursuant to the formula prescribed in ~"+:"'~' '¥ S~ctlcn ~
subse6~eR-~4 Article V, Section 3, paragraph A.2.d above. The
fee shall be paid pursuant to the provisions contained in this
ordinance. At the time of filing of the plat for approval, the
Department of Development shall, in those cases where a fee in
lieu of dedication is required either in whole or in part, determine
the fair market value of the land in the proposed subdivision, and
this determination shall be used in calculating the fee to be paid.
If a subdivider objects to the fair market value determination, he
may at his own expense, obtain an appraisal of the property by a
qualified real estate appraiser approved by the city, which
appraisal of fair market value may be accepted by the City
Commission, if found reasonable. Alternatively, the city and the
subdivider may agree as to the fair market value.
PROCEDURE. The City Commission shall determine pursuant to subsection
B.5.e hereof the land to be dedicated and/or fees to be paid by the subdivider.
At the time of the filing of the subdivision final plat for approval, the
subdivider shall dedicate the land, pay the fees as previously determined
by the City Commission, or furnish surety in the amount of one hundred
ten per cent (110%) of the fees which shall become a lien upon the
property and shall be paid prior to issuance of the first certificate of
occupancy or the transfer of title to any parcel or unit of the land or
improvements thereto.
Section 7. Chapter 1, Article VII. Appeals. is hereby created as follows:
ARTICLE VII. APPEALS
Section 1. Appeals from decisions of an administrative official.
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ELIGIBILITY. Appeals of decisions of an administrative official may be
taken by any person aggrieved or by any officer, board, or bureau of the
governing body affected by any decision of an administrative official
under any ordinance enacted pursuant to the Land Development
Regulations of the City of Boynton Beach.
FILING. Appeals shall be filed within fifteen (15) calendar days after
rendition of the order, requirement, decision, or determination with the
official from whom the appeal is taken specifying the grounds for the
appeal. A current certified survey and a fee as adopted by resolution of
the City Commission, plans, drawings, documents and/or other material
constituting the record upon which the action was taken shall be
collected by the administrative official and, together with the completed
appeal, forwarded to the appropriate appeal board for placement on the
board's next available agenda.
STAY OF WORK. Upon posting of acceptable surety (see Chapter 7) by
the appellant in an amount equal to 110% of the potential costs of delays
and damages as certified by a design professional, all work on the
premises and all proceedings in furtherance of the action appealed from
will be stayed, unless the official from whom the appeal was taken
certifies that by reason of facts stated in the certificate, a stay would
cause imminent peril of life or property. In such case, proceedings or
work shall not be stayed except by a restraining order which may be
granted by the board or by a court of record on application, on notice to
the officer from whom the appeal is taken and on due cause shown.
ASSIGNMENT OF APPEALS. The City of Boynton Beach has several
boards/commissions which deal with a variety of appeals, variances,
exemptions, exceptions, etc., as follows:
The building board of adjustment and appeals will hear and decide
appeals of administrative decisions or determinations made in the
enforcement or administration of LDR Chapter 20, Building, Housing and
Construction Regulations and the various building codes and ordinances
adopted by the City. See LDR Chapter 20, Article VII, Section 2D for
detailed information.
The City Commission will hear and decide appeals of administrative
decisions or determinations in the enforcement or administration of
environmental review permits; excavation, dredging and/or fill per.mits;
major/minor site plan or master plan modifications and height exceptions.
The concurrency review board will hear and decide appeals of
administrative decisions denying a certification of concurrency and/or a
conditional certification of concurrency.
The board of zoning appeals will hear and decide appeals of
administrative decisions or determinations made in the enforcement or
administration of all portions of the Land Development Regulations not
Chapter. LDR Rev.
10/31/96 8
specifically enumerated within the iurisdiction of the City Commission
and/or the building board of adiustment and appeals and/or the
concurrency review board. See LDR Chapter 2, Section 10 for detailed
information.
E. HEARING OF APPEALS. Each board or commission shall fix a reasonable time
for the hearing of the appeal, give public notice thereof1 as well as due notice to
the parties in interest. Upon the hearing, any party may appear in person, by
agent or by attorney.
REVIEW OF ADMINISTRATIVE ORDERS. In exercising its powers, each board
or commission may, reverse or affirm, wholly or partly, or may modify the order,
requirement, decision, or determination made by an administrative official and
may make any necessary order, requirement, decision, or determination, and to
that end shall have all the powers of the officer from whom the appeal is taken.
The concurring vote of a majority of the members present shall be necessary to
reverse any order, requirement, decision, or determination of any administrative
official or to decide in favor of the applicant on any matter upon which the board
or commission is required to pass.
S==
INDEMNIFICATION. In the event a claim or lawsuit is brought against the City,
its officers, employees, servants or agents, the applicant hereby agrees to
indemnify, save, and hold harmless the City, its officers, employees, servants or
agents and to defend said persons from any such claims, liabilities, causes of
action, and judgements of any type whatsoever arising out of or relating to the
appeals from decisions of an administrative official whether the appellant is the
applicant or any other party. The appellant agrees to pay all costs, attorney's
fees, and expenses incurred by the City, its officers, employees, servants or
agents in connection with such claims, liabilities or suits. Nothing contained
herein, however, shall act as a waiver of any of the City's immunities provided
for in Section 768.28, Florida Statutes.
Section 2. Appeals from decisions of the concurrency review board.
ELIGIBILITY. Appeals of decisions of the concurrency review board may be
taken by any aggrieved party affected by a board decision.
FILING. Appeals shall be filed within fifteen (15) calendar days after
rendition of the order, requirement, decision or determination with the
planning and zoning director specifying the grounds for the appeal. A fee
as adopted by resolution of the City Commission together with other
documents and materials constituting .the record upon which the action was
taken shall be collected by the planning and zoning director and, together
with the completed appeal, forwarded to the planning and development
board for placement on the board's next available agenda.
HEARING OF APPEALS. The planning and development board shall fix a
reasonable time for the hearing of the appeal, give public notice thereof, as
well as due notice to the parties in interest. Upon the hearin_(3, any partv may
appear in person, by agent or by attorney.
Chapter. LDR Rev.
10/31/96
9
REVIEWING APPEALS. In exercising its powers, the planning and
development board may reverse or affirm wholly or partly, or may modify the
decision or determination made by the concurrency review board and may
make any necessary order, requirement, decision or determination, and to
that end shall have all the powers of the concurrency review board and the
planning and zoning director. The concurring vote of a majority of the
members present shall be necessary to reverse any order, requirement,
decision, or determination of the concurrency review board or to decide in
favor of the applicant on any matter upon which the board is required to
pass.
Section 3.
Appeals from decisions of the board of zonin.q appeals, and the
building board of adjustment and appeals.
ELIGIBILITY. Appeals of decisions of the board of zoning appeals and the
building board of adjustment and appeals may be taken by any a_~.~rieved
party affected by a board decision.
FILING. Appeals for iudicial relief shall be filed with the circuit court within
thirty (30) calendar days after rendition of a board decision.
Section 4. Appeals from decisions of the City Commission.
IA.~. ELIGIBILITY. Appeals of decisions by the City Commission may be taken
by any aggrieved party affected by a commission decision.
B_.~. FILING. Appeals for judicial relief shall be filed with the circuit court within
thirty (30) calendar days after rendition of a commission decision.
Section 5. Withdrawal or denial of appeal.
REFILING AFTER DENIAL. Upon denial of an application for relief
hereunder, in whole or in part, a period of one (1) year must run prior to the
filing of a subsequent application affecting the same property or any portion
thereof.
REFILING AFTER WITHDRAWAL WITH PREJUDICE. Upon the withdrawal
of an application, in whole or in part, a period of six (6) months must run
prior to the filing of a subsequent application affecting the same property or
any portion thereof, unless, however, the decision of the board is without
prejudica; and provided that the period of limitation shall be increased to a
two-year waiting period in the event such an application, in whole or in part,
has been twice or more denied or withdrawn.
C_..~ REFILING AFTER WITHDRAWAL WITHOUT PREJUDICE. An application
may be withdrawn without prejudice by the applicant as a matter of right;
provided the request for withdrawal is in writing and executed in a manner
and on a form prescribed by the board and filed with the board at least one
(1) week prior to any hearing scheduled concerning the application;
otherwise, all such requests for withdrawal shall be with prejudice. No
application may be withdrawn after final action has been taken. When an
Chapter. LDR Rev.
~o~3~96 10
application is withdrawn without prejudice, the time limitations for re-
application provided herein shall not apply.
Section 8.
as
follows:
Chapter 1, Article VIII. Development Reviews. is hereby created
ARTICLE VHI. DEVELOPMENT REVIEWS
Section 1. Technical reviews.
SCOPE. Any person wishing to develop property within the city shall
submit a master plan and/or site plan review application, an
application fee and supporting documents as required by the planning
and zoning department. The purpose of this submission shall be for
review of the basic design quality of the proposed development and
to ensure compliance with applicable city codes.
ADMINISTRATION. The Planning and zoning department shall be
responsible for the overall coordination and administration of the plan
review process.
DETERMINATION OF COMPLETENESS. Within two (2) business
days (not including the date of filing) of receiving application and
documentation for master plan and/or site plan review, the olannin.~
and zoning department shall inform the applicant of the completeness
of the application and either accept the application or reject the
application. Rejected plans and applications will be returned to the
applicant with a list of deficiencies in writing from the planning and
zoning department.
DISTRIBUTION FOR REVIEW. Documents will be distributed within
three (3) working days of acceptance to the City's technical review
committee for review and written comments within fifteen (15) days
unless otherwise requested by the planning and zoning director.
TECHNICAL REVIEW COMMITTEE (TRC) CONSIDERATION. A
technical review committee (TRC) chaired by the planning and zoning
director or his/her designee and consisting of representatives of the
parks and recreation, fire, police, utilities, public works, planning and
zoning, and development departments shall meet to review
documents in order to coordinate the technical expertise of TRC
members. TRC comments will be forwarded in writing to the planning
and zoning department within three (3) days of the meeting.
APPLICANT NOTIFICATION. The planning and zoning department
shall forward TRC comments to the applicant within seven (7) working
days of the TRC meeting.
Chapter. LDR Rev.
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Section 2.
Section 3.
DOCUMENT AMENDMENTS. The applicant shall amend the
documents to reflect comments made by the various departments or
provide written explanations. Staff comments unresolved at the time
of development order preparation will be noted on the proposed
development order as conditions of development approval.
SUBMISSION OF AMENDED DOCUMENTS/VVRITTEN
EXPLANATIONS. The applicant shall submit amended
documents/written explanations to the Planning and Zoning
Department within ninety (90) days of receipt of comments or the
application shall become null and void. Reconsideration will then
require a new application and a new fee.
REDISTRIBUTION FOR REVIEW. The planning and zoning
department shall distribute the amended documents to TRC members
within three (3) working days of acceptance from applicant. TRC
members shall respond to the planning and zoning department with
either a recommendation to approve or reject the plan within ten (10)
working days. The planning and zoning department shall notify the
applicant of the responses from TRC members.
Plannin.q and development board review.
SCOPE. When the TRC finds that the documents meet the
provisions of these Land Development Regulations, the planning and
zoning director will transmit the documents with TRC comments and
recommendations to the planning and development board for review
at their next available meeting.
APPLICANT NOTIFICATION. The planning and zoning department
will notify the applicant in writing of the date, time and location of the
planning and development board meeting when the application will be
reviewed. The applicant may, at his/her option, request in writing a
postponement of planning and development board consideration.
PLANNING AND DEVELOPMENT BOARD DELIBERATION. The
planning and development board will review submitted documents as
well as all TRC comments and recommendations, and has all of the
authority, functions, powers and duties vested in it by Chapter 1.5,
Article I, Section 4 of this Land Development Re,qulation.
ACTION. The planning and development board shall recommend to
the City Commission that they approve the plan unconditionally,
approve the plan with conditions and/or recommendations, or deny
the plan.
City Commission reviews.
SCOPE. When the planning and development board completes its
Chapter. LDR Rev.
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review and formulates its recommendations, the planning and zoning
director will transmit the documents together with TRC comments and
recommendations as well as planning and development board action
to the City Commission at their next available meeting.
APPLICANT NOTIFICATION. The planning and zoning department
will notify the applicant in writing of the date, time and location of the
City Commission meetin.q when the application will be reviewed. The
applicant may, at his/her option, request in writing a postponement of
City Commission deliberations.
CITY COMMISSION DELIBERATION. The City Commission shall
consider the comments and recommendations of reviewing
departments and the recommendation of the planning and
development board and shall approve the plan, approve the plan with
conditions, deny the plan or defer action on the plan.
Section 9.
as follows:
Chapter 1, Article IX. Development Orders. is hereby created
ARTICLE IX. DEVELOPMENT ORDERS
Section 1. Challenges to staff comments generated through the
development review process.
ELIGIBILITY. An applicant may challenge any written comment or
recommendation made' by a staff member during the development
review process.
staff
INFORMAL PROCEDURE. An applicant may challenge orally or in
writing any staff comment or recommendation by contacting the
issuing department and presenting specific grounds for the challenge.
The issuing department may reverse or affirm the comment or
recommendation, wholly or partly, or may modify the
comment or recommendation, but all such action shall be based on
provisions of appropriate codes, ordinances, rules or regulations. Any
comment not based on a specific code, ordinance, rule or regulation
becomes a recommendation.
FORMAL PROCEDURE.
Comments and/or recommendations
surviving the informal procedure described hereinbefore will be
forwarded to the planning and development board and/or City
Commission for review in the form of a proposed development order.
The board will review proposed development orders which come
before it and may recommend acceptance, reiection, and/or
modifications to staff comments and recommendations, and forward
a record of their recommended action to the City Commission. The
City Commission may accept, reject, or modify each comment or
recommendation presented to them from staff and, if available, from
Chapter. LDR Rev, *~ 3
10/31/96
the planning and development board, during their development order
deliberations.
FINALIZING DEVELOPMENT ORDERS. The city attorney or his
designee will record specific action by the Commission on each staff
comment or recommendation durin,q deliberations. He shall also
record specific action by the Commission on each planning and
development board comment or recommendation as well as each
Commission comment or recommendation. The city attorney will sign,
and the city clerk will witness, the completed record of the
proceedings which then becomes the official development order.
DISTRIBUTION OF DEVELOPMENT ORDERS. Within three (3)
working days the city attorney and city clerk will sign the development
order and forward signed copies to the applicant, the department of
development, and the planning and zoning department.
Section 10. Chapter 1, Article X. Variances and Exceptions. is hereby
created as follows:
ARTICLE X. VARIANCES AND EXCEPTIONS
Section 1.
Variances,
When literal or strict enforcement of the provisions of these Land
Development RegulatiOns would cause unusual, exceptional or unnecessary
difficulties or undue hardship or iniustice because of the size of the tract to be
subdivided, its topography, the condition or nature of adjoining areas or the
existence of other unusual physical conditions, the commission may vary or modify
the requirements set forth herein after receiving and reviewing the report of the
technical review committee. No variance shall be granted if it has the effect of
nullifying the intent and purposes of the LDR. In granting variances, the
commission may require such conditions as will secure the objectives of the LDR.
Variances will not be processed unless a written application and a fee
have been submitted to the director of development demonstrating:
That special conditions and circumstances exist which are
peculiar to the land involved and which are not applicable to
other lands, and
That a literal interpretation of the provisions of this ordinance
would deprive the applicant of rights commonly enjoyed by
other properties, and
That the special conditions and circumstances do not result
from the action of the applicant, and
That the granting of the variances requested will not confer on
Chapter. LDR Rev. 1 4
10131/96
the applicant any special privilege that is denied to other
lands.
No pre-existing conditions or neighboring lands which are contrary to
the LDR shall be considered grounds for the issuance of a variance.
B. Documents will be submitted to the technical review committee as
outlined in this chapter, Article VIII, Section 1. To consider the
recommendations of the technical review committee, the commission
shall set a public hearing on the proposed variance. To approve a
variance the commission shall find:
1..., That the requirements of this section have been met, and
That the reasons set forth in the application justify the Qrantin~
of the variance, and
3~ That the variance is the minimum variance that would make
possible the reasonable use of the land, and
That the granting of the variance would be in harmony with the
general purpose and intent of the LDR, would not be injurious
to the surrounding territory, and would not impair desirable
general development of the neighborhood or the community,
as proposed in the comprehensive plan, or otherwise be
detrimental to the public welfare.
C.=
In granting any variance the commission may prescribe conditions
and safeguards in conformance with the LDR. Any variance granted
by the commission shall be noted in its official minutes along with the
reasons which iustify the granting thereof and required conditions and
safeguards.
Section 2. Exceptions.
The requirements outlined in the LDR may be modified by the commission
in the case of a plan and program for a complete community, which in the judgment
of the commission provides adequate public .space and improvements for the
circulation, recreation, light, air and service needs of the tract when fully developed
and populated, and which also provides such covenants or other legal provisions
as will assure conformity to and implementation of the plan. In granting such
modifications, the commission shall require such reasonable conditions and
safeguards as will secure substantially the obiectives and standards of the LDR.
Upon compliance with the foregoing, a public hearing shall be held by the
commission.
Section 3. Ar)r)eals,
See Chapter' 1, Article VII, Section 4.
Chapter. LDR Rev.
~o~ 15
Section 11. Each and every other Section of the Land Development
Regulations not hereinbefore specifically amended shall remain in full force and
effect as previously enacted.
Section 12. All laws and ordinances applying to the City of Boynton Beach
in conflict with any provisions of this ordinance are hereby repealed.
Section 13. 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 14. Authority is hereby given to codify this Ordinance.
Section15 This Ordinance shall become effective immediately.
FIRST READING this ~ day of November, 1996.
SECOND, FINAL READING AND PASSAGE this ~ day of January, 1997.
ATTEST:
City~lerk
Mayor
~T'ce Mayo/r/ /
Cd"mmissioner
Commissioner
C,o~f~missioner
Chapter. LDR Rev. 1 6
10/31/96