20-016 2 ORDINANCE NO. 20-016
3
4 AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA,
5 AMENDING AND DELETING VARIOUS ARTICLES AND SECTIONS
6 OF PART II AND PART III OF THE CODE OF ORDINANCES;
7 PROVIDING FOR THE CREATION OF CHAPTER 27, "ADVISORY
5 BOARDS AND COMMITTEES"; PROVIDING A COMPREHENSIVE
9 UPDATE TO CITY RULES GOVERNING ADVISORY BOARDS AND
13 COMMITTEES; PROVIDING FOR CONFLICTS, SEVERABILITY,
11 CODIFICATION AND AN EFFECTIVE DATE.
12
13 WHEREAS, City of Boynton Beach ("City") staff has been reviewing existing code
14 language to assure that the rules and requirements pertaining to City Advisory Boards and
15 Committees, are clear and consistent throughout the Code of Ordinances; and
16 WHEREAS,to promote a higher degree of organization,the Commission supports the
17 elimination of redundancies related to the governance and duties of City Advisory Boards and
1E Committees be eliminated; and
19 WHEREAS, the Commission has determined it is in the City's best interest to
2b reorganize existing provisions related to governance,membership,and duties of City Advisory
2: Boards and Committees by codifying such provisions into one single chapter of the Code of
2.2 Ordinances; and
2.3 WHEREAS, the Commission has determined it is in the City's best interest to create
24 an absence policy for City Advisory Boards and Committees; and
25 WHEREAS, the Commission has determined it is in the City's best interest to create
216 a policy related to concurrent service on City Boards and Committees; and
2— WHEREAS,the City Commission deems it to be in the best interest of the citizens and
2 residents of the City to create Chapter 27, Advisory Boards and Committees, as hereinafter
29 referenced.
30 NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
3_ THE CITY OF BOYNTON BEACH,THAT:
32 Section 1. The foregoing "Whereas" clauses are true and correct and incorporated
3.: herein by this reference.
3 - Section 2. Part II, Chapter Two,"Administration",Article I,"In General", Section
3.5 2-16, "City Boards and Commissions: Minimum Qualifications for Appointment and
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3i
Membership", Section 2-17, "City Boards Appointment of Alternate Members" and Section
3i 2-20, "Quasi-judicial proceedings before city commission or city board; procedure for
31 reconsideration of decision", of the City's Code of Ordinances are hereby deleted in their
3i
entirety and replaced by Chapter 27, "Advisory Boards and Committees."
41 Section 3. Part II, Chapter Two, "Administration", Article IV, Section. 2-60.
4i1 "Commissions, boards, etc., independent of city commission to follow article" is hereby
4► deleted in its entirety and replaced by Chapter 27, "Advisory Boards and Committees."
4c Section 4. Part II, Chapter Two, "Administration", Article VII, "Education and
4' Youth Advisory Board", Sections 2-116-123, and Article VIII, "Education Advisory Board",
4. Sections 2-126-132, of the City's Code of Ordinances are hereby deleted in their entirety and
4. replaced by Chapter 27, "Advisory Boards and Committees."
41 Section 5. Part II, Chapter Two, "Administration", Article IX, "Senior Advisory
4: Board", Sections 2-141-147, of the City's Code of Ordinances are hereby deleted in their
4M entirety and replaced by Chapter 27, "Advisory Boards and Committees."
5M Section 6. Part II, Chapter Twelve, "Libraries", Sections 12-1-6, of the City's
51 Code of Ordinances are hereby deleted in their entirety and replaced by Chapter 27,"Advisory
5 Boards and Committees."
55 Section 7. Part II,Chapter Sixteen,"Parks and Recreation",Article I,"In General",
5`' Sections 16-1-5, of the City's Code of Ordinances are hereby deleted and replaced in their
5` entirety by Chapter 27, "Advisory Boards and Committees."
5r Section 8. Part III, Chapter 1, "General Administration", Article VII,
5r "Administrative and Decision Making Bodies", Section 3, "Planning and Development
5: Board", Section 4, "Historic Resources Preservation Board", and Section 5 "City
5: Commission",of the City's Land Development Regulations are hereby deleted in their entirety
61 and replaced by Chapter 27, "Advisory Boards and Committees."
6; Section 9. Part III Land Development, Chapter 1, "General Administration",
601 Article VIII, "Appeals" of the City's Land Development Regulations is hereby deleted in its
6C entirety and replaced by Chapter 27, "Advisory Boards and Committees."
6Section 10. Chapter 27, "Advisory Boards and Committees", is hereby created,
6` which shall read as set forth in Exhibit A.
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6i Section 11. Each and every other provision of the Code of Ordinances of the City
61 of Boynton Beach not herein specifically amended shall remain in full force and effect as
6 previously enacted.
6� Section 12. All ordinances or parts of ordinances in conflict herewith be and the
7same areherebyrepealed.
Til Section 13. Should anysection orprovision of this ordinance orportion hereof,any
7Pi
paragraph, sentence or word be declared by a court of competent jurisdiction to be invalid,
7C such decision shall not affect the remainder of this ordinance.
7' Section 14. Authority is hereby granted to codify said ordinance.
7. Section 15. This ordinance shall become effective immediately upon passage.
7. Section 16. All matters pending before the City boards or committees at the time of
71 effective date of this Ordinance shall continue unabated and be taken up as scheduled before
7M the respective board or committee.
7s FIRST READING this IIP—clay ofuti , 2020.
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8: SECOND,FINAL READING AND PASSAGE this a�day of'SiAtt.e , 2020.
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8C CITY OF BOYNTON BEACH, FLORIDA
8'
8. YES NO
8. Mayor—Steven B. Grant ✓
85
8: Vice Mayor—Ty Penserga ,�
8M
91 Commissioner—Justin Katz
911
9t Commissioner—Woodrow L. Hay i/
9c (.9` Commissioner—Christina L. Romelus
9:
9 ATTEST: VOTE S--D
9M
9' Cr tal Gibson, MMC
100 City Clerk w , ,,
10t (Corporate Seal) j �G� �ox41 .4.-;(1'
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H 1920
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103 EXHIBIT A
104 CHAPTER 27
105 ARTICLE I. IN GENERAL
106
107 Sec. 27-1. City boards and committees defined; generally.
108 1. "Board", shall refer to a group of individuals appointed by the City Commission for the
100 purpose of providing advisory assistance to the Commission. No board shall have
113 administrative authority over any department of the City.
111 2. "Committee" shall refer to a group of individuals appointed by the City Commission to
112 provide advisory authority on a single subject or issue matter. The City Commission may
113 establish a sunset date for each Committee. Terms "board" or "committee" may be used
114 interchangeably herein.
115 3. The provisions of Chapter 27,Article I, shall apply generally to all City advisory boards and
116 committees unless stated otherwise within applicable law, Florida Statutes, or the Boynton
117 Beach Code of Ordinances.
118 4. Retroactive Effect. To the extent permitted by law, all of the provisions within Chapter 27,
115 shall apply to acts and actions occurring or in progress prior to its adoption by the City
120 Commission. All matters pending before the City boards and committees at the time of
12,1 effective date of this Ordinance shall continue unabated and be taken up as scheduled before
12.2 the respective board and committee.
123
124 Sec. 27-2. Board or committee member selection; organization; qualifications; term.
125 1.No person shall be appointed to a City advisory board or committee without the person first
126 submitting an application for appointment. All applications for appointment to a City board
127 shall be on a form authorized by the City Commission. The City Clerk shall review all
126 applications for completeness and qualifying requirements prior to submitting them to the City
129 Commission for consideration.
130 2. Selection of Chair and Vice-Chair. The chairperson and vice-chairperson for each board
131 shall be selected by majority vote of the City Commission.Neither the chair nor the vice-chair
132 have fixed terms. The Chair and Vice-Chair shall be annually reappointed. The duties of the
133 chair shall be to preside at all board meetings. The vice-chair shall perform the duties of the
134. chair in the chair's absence.
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135 3. Alternates. The City Commission shall appoint (2) two individuals to serve as alternate
136 members for each board. Alternate members may participate at board meetings in the place of
137 absent board members or recused members, to the same extent as regular members. In the
138 event a vacancy occurs on a board, the alternate shall assume the role of a regular board
139 member for the remainder of the abandoned term or until the City Commission appoints a
140 replacement regular member,whichever occurs first.
14:1 a. The term for alternate members shall be for one (1)year.
142 b. Alternate member appointees may be reappointed.
143 c. Notwithstanding any other provision of City code or procedural rule, no alternate
144 member of any City board may serve in the capacity of Chairperson,Vice Chair, or
145 Chair Pro-Tem.
146 4. Organization. Generally, City advisory boards and committees shall be composed of seven
147 (7)regular members and two (2) alternate members, except as may be provided for by Florida
148 Statutes, Special Act or Resolution of the City Commission or elsewhere within the Code of
149 Ordinances of the City of Boynton Beach.
150 5.Quorum.Four(4)members shall constitute a quorum for each advisory board and committee
151 with seven (7) regular members. Where an advisory board or committee has less than seven
152 (7)regular members, a simple majority of regular members shall constitute a quorum.
153 6.Qualifications.Members serving on advisory boards and committees shall possess sufficient
194 knowledge, experience,judgment or background necessary to competently serve the board or
155 committee to which they are appointed.
156 (a) In order to qualify for appointment to and to serve as a member of any board or
157 committee of the City, an individual must be an elector of Palm Beach County,
158 Florida.
159 (b) In selecting individuals to serve on boards and committees of the City, preference
16Q shall be given to individuals who are residents of the City of Boynton Beach,
16 provided however, non-residents who own property in the City, own a business
162 within the City, or serve as an officer, Director or manager of a business located
163 within the City may also qualify for appointment provided they possess
164 qualifications or experience uniquely suited to deal with the subject matter over
165 which the board or committee has subject matter review or power.
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161 (c) In selecting individuals to serve on boards and committees of the City, preference
16 shall be given to individuals who do not presently serve on one of the City's boards.
161 (d) Concurrent service on City boards and committees shall be permitted only to the
161 extent necessary. If a board member holds a position on a board that conducts
17 "quasi-judicial proceedings"as defined by Section 27-8 herein, such member shall
1711 not concurrently serve on another advisory board that has similar quasi judicial
17 t powers.
171 6. Term of Service. In general, all regular member appointments shall be for a two-year period.
17 (a) Commencement of Terms. All advisory board and committee appointments shall
17: commence at 12:01 a.m. on April 1 and shall be for a period of two (2) years.
17; (b) Expiration of Terms. All advisory board appointments shall expire at 12:00
17r midnight on March 30th of their second year of appointment, except as set forth in
17: Section 27-5 herein. The City Commission shall review applicants and fill
17: vacancies on City boards during the month of April following the City's March
181 Commission elections or as soon thereafter as practicable.
18i (c) The terms of office of the board members shall be staggered so no more than one-
18! third of the board is appointed or replaced in any 12-month period.
181 (d) The current term of all board members whom have been appointed prior to the
18adoption of Chapter 27 shall continue uninterrupted until the expiration of said
18 i term.
18! 7. Term Limits.
18 (e) No member shall be appointed for more than two (2) successive terms (original
18 term, plus on additional term). A member who has been appointed to fill an
181 unexpired term shall remain eligible to serve two(2)full two-year successive terms.
191 (f) Upon completion of the maximum allowable two (2) full terms of membership, no
19 member shall be eligible for reappointment to the same advisory board, and
19! committee for a period of one (1) year unless otherwise approved by the
191 Commission.
1•I 8. Reorganization. In the case of creation of a new board or committee or the reorganization
19; or reconstitution of an advisory board or committee,three (3) members shall be appointed for
19' an initial term of one year,with the balance of the members being appointed for an initial term
19� of two (2) years. Thereafter, all appointments shall be for two (2)years.
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198
199 Sec.27-3. Frequency of meetings
200 Unless otherwise stated in Chapter 27, all advisory boards and committees shall meet
201 once a month. Special meetings may be called by the City Manager or board chairman.
202.
203 Sec. 27-4. Absences.
204 1. When a member of any advisory board or committee that has regularly scheduled meetings
205 once a month, has missed three (3) regular monthly meetings for any reason within one (1)
206 annual board term, that member will be notified that one (1) additional absence will cause
207 his/her board membership to be terminated. Therefore, the fourth absence shall result in
206 removal from the board.
209 (a) Those boards or committees that have regularly scheduled meetings more than once
210 a month shall be permitted to have six(6)absences during any one(1)annual board
211 term. The seventh absence shall result in removal from the board by ministerial
212 action of the City Clerk.
213 2.Excused Absences. A board member,to whom which any of the below mentioned instances
214 apply, shall submit in writing to the board Chairman, a request for an excused absence or
215 absences. The board Chairman shall have the power to excuse an absent board member. In the
216 event the board Chairman has excused the absence of one of the board members, the decision
217 must be mentioned on the record at the applicable meeting.
218 (a) An absence may be excused due to one of the following:
219 i. Personal illness or injury;
220 ii. Illness or injury of a family member;
221 iii. Death in the family;
222 iv. Emergency;
223 v. Maternity leave; or,
224 vi. Military service.
225
226 Sec. 27-5. Removal; abandonment; vacancy.
227 1. All City board members serve at the pleasure of the City Commission and may be removed
228 with or without cause at any time by a majority vote of the City Commission,unless otherwise
229 provided by the Charter or Florida Statutes.
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231 2. Notice of Removal. A notice of removal shall be served upon the City board member who
23.1 has been removed upon the direction of a majority of the City Commission. The notice of
23t removal shall be prepared by the City Attorney and signed by the Mayor,or the City Manager
23 if so directed by the City Commission.
23�M (a) Service of Notice. The notice of removal shall be served by personal delivery or by
23' ordinary first class mail. Service shall be accomplished as soon as is practicable
23 N after the City Commission directs service of the notice of removal or, in the event
23 of Abandonment of Office, after the City Manager or designee issues the notice of
23 N removal.
23 (b) Effective Date of Removals.Removal of a City board member shall have immediate
2411 effect upon the vote of a majority of the City Commission.
241 (c) A person who is removed from a City board pursuant to the procedures set forth
24 t in this section shall not be subject to reappointment to any City board for a period
24 of thirty-six (36) months.
24i 3.Abandonment. In the event of Abandonment of Office,the notice of removal shall
24' automatically be issued by the City Manager, or designee. Seven unexcused absences shall
24:1 constitute abandonment of a board seat.
24i, 4. Vacancy. The City Commission shall fill any vacancy. Where a vacancy is caused by the
24i resignation or removal of a member prior to the expiration of their term, a member shall be
24! appointed to complete the unexpired term only, unless the unexpired term is for a period of
251 time less than six (6) months. In that event the appointed member shall then be allowed to
2511 serve the following full regular term without reappointment.
25!
25! Sec. 27-6. Rules and Procedures.
25` 1. Each board or committee may make and adopt by-laws, rules and regulations for their own
25` guidance and for the government and performance of its duties. Subject to the approval,
25i supervision and control of the City Commission and not inconsistent with law.
251 2. Boards shall keep minutes of its proceedings; record the vote on each question; and, keep
25i records of its discussions, recommendations, and other official actions.
251 3. When a board issues an order, the order must be reviewed by the City Attorney's Office
261 prior to issuance. An Order is rendered when signed by the chair and City Clerk.
26 4. All board meetings shall be open to the public.
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26!
261 Sec. 27-7. Powers.
26' 1.Nothing in this article shall be construed as restricting or curtailing any of the powers of the
26` City Commission,or as a delegation to the board of any of the authority or discretionary powers
26! vested and imposed by law in the City Commission.The City Commission declares that public
261 interest, convenience and welfare requires the appointment of the following boards or
26 committees to act in a purely advisory capacity to the City Commission for the purposes set
261 forth in this article.Any powers delegated here to the board to adopt rules and regulations shall
271 not be construed as a delegation of legislative authority,but purely of administrative authority.
27 (a) Compensation. No member of a board or committee shall receive any pay or
27; compensation for any services rendered as a member of such board.
27c 2. Each board shall periodically advise the City Commission of its findings with respect to
27' certain matters delegated to each board and shall make recommendations to the City
27! Commission on any matter referred to it within thirty (30) days or within such time as
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27` prescribed by the City Commission by specific resolution.
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271
27: Sec. 27-8. Quasi-judicial proceedings before city board; procedure for
27M reconsideration of decision.
281 1. For the purpose of this Chapter, the term "quasi-judicial proceeding" shall mean hearings
281 before the Historic Preservation Board, the Planning Development Board, or the Building
28, Board of Adjustments and Appeals, related to the following specific types of proceedings:
28! variances; rezoning requests; appeals from administrative decisions of the building official or
281 the planning director; master plan approvals; site plan approvals; modifications of site plans;
28; relief from code requirements; conditional use approvals; site plan extensions; abandonment
28I applications; and, other land development matters announced as quasi-judicial hearings.
281 2. Quasi-judicial hearings shall be conducted in a manner which provides all interested parties
28,: with the opportunity to testify, call witnesses, introduce evidence and cross-examine
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28i�, witnesses. Testimony shall be under oath or affirmation. When a proposed development order
2•I comes before the City Commission having first been afforded a quasi-judicial hearing before
29 a city board,the testimony and evidence submitted to a city board constitutes part of the record
29! of testimony and evidence before the City Commission.
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2 3. No quasi-judicial proceeding shall proceed until proof of notice of the proceeding, in
2 affidavit form, has been filed with the office of the City Clerk. Proof of notice must include
29 the name and address of each property owner to whom notice was mailed and a photograph of
29 each sign posted,as hereinafter required. The following notices must be paid for and provided
2 by the applicant:
2 (a) All property owners, homeowner associations, and condominium associations that
29 own property within four hundred (400) feet of the boundary line of the property
3 which is the subject of the quasi-judicial hearing shall be mailed,by first class mail,
311 a notice of hearing postmarked no less than ten (10) calendar days prior to the
31, hearing.
31 (b) One (1)sign for each street frontage of the property shall be posted no less than ten
31' (10) days prior to the hearing. The sign shall be legible from a distance of one
311 hundred(100) feet and shall contain a description of the approval being sought,the
31I date, time and location of the hearing, and a statement that the application being
311 considered is available for inspection in the Development Department of the city.
31: (c) When a quasi-judicial hearing is tabled or continued at the request of an applicant,
31I re-notice of the hearing shall be provided by the applicant in the same manner as
31' original notice.
31 4. The City Commission may reconsider its decision arising from a quasi-judicial proceeding
31! only upon a motion to reconsider made at the meeting at which the decision was rendered or
31! during the next regular City Commission meeting. No quasi-judicial decision shall be
31' considered final until the conclusion of the next City Commission meeting, or if a motion to
311 reconsider has been made and passes,the conclusion of the reconsideration of the matter, and
31I the entry of a written order approved by the City Attorney and signed by the City Clerk.
311 (a) When a motion for reconsideration is made and approved at the Commission
31.1 meeting at which the decision was rendered, the Commission may immediately
311 reconsider the matter before them or,the Commission may reconsider the matter at
3 'I a later time certain which shall be announced, at the meeting, to the applicant and
3 1 the public.No additional notice of the matter shall be necessary.
3 r. (a) When a motion for reconsideration is made following the close of the Commission
3 `1 meeting at which the decision is made,only the motion to reconsider shall be heard
3 ` at the next regular City Commission meeting. If the motion to reconsider is adopted
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32: by the Commission,the matter which is the subject of the motion to reconsider shall
321 be placed on the next regular City Commission meeting agenda. The agenda item
321 shall be noticed in the same manner as the notice provided when the item was
32: originally considered.
32i (b) Any board may reconsider its decision arising from a quasi-judicial proceeding only
331 upon a motion to reconsider at the meeting at which the decision was rendered.
3311
33!
331 Sec. 27-9. Boards and committees to follow CCNA.
33• Any city boards or committees and the like which have purchasing authority independent of
33: the City Commission, the purchases of such bodies which are subject to the Consultants'
33; Competitive Negotiation Act ("CCNA") shall be processed in accordance herewith; however,
3311 the board or committee, or the like will itself perform the functions set forth herein that are
331 otherwise applicable to the City Commission.
331
341 Sec. 27-10—27-19. Reserved.
3411
34! ARTICLE II. BOYNTON BEACH ART ADVISORY BOARD
34! Sec. 27-20. Membership.
34`1 Appointees to the Art Advisory Board shall be residents or business owners preferably
34' with the following background: artist, art volunteer/activist; planner; private developer;
341 architect; neighborhood association member; interested citizen.
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341
341 Sec. 27-21. Intent.
341 1. It is the intent and purpose of this article to further the commitment of the city to the
351 aesthetic, historical, cultural and economic enrichment of the community through the creation
35 of works of art so that citizens and visitors to the city are afforded an opportunity to enjoy and
35! appreciate works of art. The requirements of this article shall be construed to promote the
351 aesthetic values of the entire community and to encourage the preservation and protection of
35' works of art.
35` 2. This article shall be known and cited as the "Art in Public Places Program."
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3. Ownership. Unless otherwise expressly agreed to in writing by the city, ownership of all art
351 acquired through expending funds in the Public Art Fund shall be owned by the city according
35: to the Art Advisory Board's Recommendations and Guidelines.
351
36 Sec. 21-22.Definitions.
3611 1. For the purposes of this section, the following words and phrases shall have the following
361 meanings:
361 (a) "Artist" or "Professional Artist" means a practitioner in the visual arts, generally
36 recognized by critics and peers as a professional of serious intent and ability.
1
361 Indications of a person's status as a professional artist include, but are not limited
36 E to, income realized through the sole commission of artwork, frequent or consistent
36 art exhibitions, placement of artwork in public institutions or museums, receipt of
36 N honors and awards, and training in the arts.
36! (b) "Art", "Artwork", or"Works of Art"means tangible creations by artists exhibiting
371 the highest quality of skill and aesthetic principles and includes all forms of the
371 visual arts conceived in any medium, material, or combination thereof, including,
371 but not limited to,paintings,sculptures,engravings,carvings,frescos,stained glass,
37 mosaics, mobiles, tapestries, murals, photographs, video projections, digital
37j images, bas- relief, high relief, fountains, kinetics, collages, drawings, monuments
371 erected to commemorate a person or an event, functional furnishings, such as artist
37E designed seating and pavers, unique or original architectural elements, and artist
371 designed landforms or landscape elements. The following shall not be considered
37: artwork or works of art for purposes of this article:
37! i. Reproductions or unlimited copies of original artwork.
381 ii. Art objects, which are mass-produced.
3811 iii. Works that are decorative, ornamental, or functional elements of the
381 architecture or landscape design, except when commissioned from an artist
381 or designed as an integral aspect of a structure or site.
38' (c) "Building" means any structure that encloses space and is used or built for the
381
shelter or enclosure of persons, businesses, chattel or property.
38E (d) "Development" means any construction, or redevelopment, or structural alteration
381 of any private or public building within the limits of the city.
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38 (e) "Arts Commission"or"Art Advisory Board"means the advisory board established
381 by the City Commission pursuant to Ordinance 01-64, renamed to Arts Advisory
391 Board in Ordinance 2020-XX.
3911 (f) "Public Art Fund" means a separate, interest bearing account set up by the city to
390: receive monies for the Art in Public Places Program.
39c (g) "Remodeling or conversion" means alterations made to a building within any
39 twelve month period, including, but not limited to, changes to the facade of a
39 building, changes to the interior of a building, increases or decreases in the floor
39I area of a building and changes to exterior improvements.
39 (h) "In-fill Housing" means new residential units on parcels less than five (5) acres
39 that are not part of an approved planned unit development as defined by the city
39M land development regulations.
401
414Sec. 27-23. Art Advisory Board Meetings.
401 1. The Art Advisory Board shall meet at an appropriate place and shall arrange a time for
401 holding regular meetings of the Art Advisory Board, and for such other meetings as shall be
40j necessary, and it may add to such rules of organization, regulation and procedure as it may
401 deem necessary and determine the duties of its members and officers.
40' 2. The Boynton Beach Art Advisory Board shall function and operate as outlined in the City
40/ of Boynton Beach's Ordinance No. 01-64.
40.:
Sec. 28-24 Purpose and Duties.
411 1. The purpose of the Art Advisory Board is to advise the City Commission on matters related
4111 to the arts, to develop a plan and programs to promote and support art in public places, and to
41! recommend guidelines and funding for implementation.It shall be the duty of the Art Advisory
41! Board to act as an advisory board to the City Commission in providing advice on matters
41` relating to the visual arts.
41` 2. The Art Advisory Board may recommend funding sources including private sources and
41M grant funds; encourage public and private partnerships in the arts; review and make
411 recommendations on proposals for art work for public buildings and public spaces; encourage
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411 the flow of art into the City; stimulate art related activities and events; study issues related to
41! art and implement art programs as delegated to it by the City's Commission from time to time.
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421 3. The Art Advisory Board shall periodically advise the City Commission of its findings or
42 proposals with respect to the foregoing issues and make recommendations to the City
421 Commission on any matter referred to it within as much time prescribed by the City
421 Commission.
421 4. The Art Advisory Board shall have the following additional powers and duties:
42 (a) Recommend to the City Commission adoption of Art in Public Places Program
42,i Guidelines and amendments thereto;
42i (b) Recommend to the City Commission adoption of a Public Art Master Plan
42i identifying locations for public artworks and establishing a priority order;
4 N (c) Recommend to the City Commission authorization of expenditures for maintaining
431 and implementing the Art in Public Places Program;
43 (d) Recommend to the City Commission other expenditures of the Public Art Fund
43g such as hiring staff and services to run the Art in Public Places Program;
43C (e) Exercise their authority to approve, approve with conditions or disapprove
431 proposed installation of artwork based on Art in Public Places Program Guidelines;
431 and
43; (f) Advance,through education and communication,the Art in Public Places Program
43' Guidelines. The guidelines are attached to Ord.No. 05-060 as Exhibit "A".
43::
43CiC Sec. 27-25. Establishment of public art fee.
4'I 1. All development, redevelopment, reconstruction or remodeling projects commenced after
4' the adoption of this article which have a construction value of$250,000.00 or greater, shall
4'i participate in the Art in Public Places Program by paying a public art fee. For the purpose of
4'I this section, a project will be considered "commenced" when an application for review is first
4'1 submitted to the city's Development Department. The public art fee shall be equal to one
4': percent (1%) of construction value of the project. The Building Division/Finance Department
4'! shall administer the billing and collection of the thirty percent(30%)or(.03)of the one percent
I
4'G (1%)of the public art fee at the time of Building Permit issuance and the seventy percent(70%)
4'N or (.07) of the one percent (1%) prior to and as a condition of issuance of the certificate of
4'i occupancy that includes the public art. One hundred percent (100%) of the public art fees
4"1 collected are to be allocated to the Public Art Fund. All distributions for the Public Art Fund
4' require the recommendation of the Art Advisory Board prior to City Commission approval.
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452 2. The following types of projects are exempt from the payment of the public art fee:
453 (a) Remodeling, repair or reconstruction of structures damaged by fire, flood, wind,
454 earthquake or other calamity determined by the City of Boynton Beach Building
455 Official.
456 (b) The percent of the project dedicated to affordable housing as defined by the City of
457 Boynton Beach.
458 (c) All projects which were submitted prior to or on October 5, 2005, notwithstanding any
459 subsequent request for site plan extension.
460 (d) Single-family and two-family in-fill housing.
461 (e) Normal, routine maintenance including replacement of existing damaged or failing
462 structural or non-structural elements, HVAC, plumbing, electric, or fire
463 detection/suppression equipment of a project not associated with an addition,
464 renovation or new construction.
465 (f) Remodeling, repair, reconstruction, or additions made after October 5, 2005 to any
466 existing amenity, clubhouse, building, pool, park, playground and/or common area
467 element located within an existing private residential development. This specific
468 exemption applies retroactively to October 5, 2005.
469 3. Project owners required to participate in the Art in Public Places Program may obtain
470 reimbursement up to seventy percent(70%)of collected art fee if the following conditions are
471 met:
472 (a) The owner of a development agrees to follow the Art Advisory Board's
473 recommendations to develop the art in the project; and
474 (b) Prior to placement on the development site, has the artwork approved by the Art
47' Advisory Board to insure that the artwork will be accessible and readily visible to the
47; public based on location of artwork and normal traffic of vehicles/pedestrians in the
47 proposed location; and
47; (c) Select an artist directly to execute a project that meets specific criteria outlined by the
47' recommendations and guidelines document provided by the Art Advisory Board or
48 I hire a professional consultant to select artists to commission site- specific,
48 architecturally integrated artworks that meet specific art guidelines criteria outlined by
48. the recommendations and guidelines document provided by the Art Advisory Board;
48 or purchase artworks for permanent installation recommended by the Art Advisory
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484 Board; or elect to purchase an existing artwork or commission an original artwork for
485 donation as a gift to the City of Boynton Beach's public art collection.
486
487 Sec. 27-26.Public Art Fund.
488 1. There is hereby created a Public Art Fund administered by the Art Advisory Board.
489 Funding shall consist of all contributions received from art fees for development and
490 redevelopment. Contributions shall include one percent (1%) of construction value on
491 projects exceeding $250,000.00, any cash grants and donations to the city for public art
492 projects from governmental or private resources, and all other funds allocated by the city
493 through the budgetary process for the provision of public art.
494 2. Expenditures from the Public Art Fund shall include but not be limited to expenses
4915 associated with the selection, commissioning, acquisition, transportation, maintenance,
496 public education,promotion, administration, program marketing, documentation, removal
497 and insurance of the works of art or in relation thereto. The Art Advisory Board can
498 recommend to the City Commission expenditures from the funds in furtherance of the Art
499 in Public Places Program.
500 3. Disbursements of the public art fee shall be seventy percent (70%) to the construction of
501 art in a given project and thirty percent (30%) for the administration of the Art in Public
504 Places Program and a(endowment or reserve fund)for future work as described in the Art
503 Advisory Board's Guidelines and Recommendations.
504
505 Sec. 27-27. Art Advisory Board's Guidelines and Recommendations.
506 1. The Art and Artist selection criteria shall be in compliance with the Art Advisory Board's
507 Guidelines and Recommendations.
508 2. Guidelines. The Art Advisory Board shall prepare and from time to time recommend to the
509 City Commission revisions to the Art in Public Places Program Guidelines and make the same
510 available to the public,which shall provide guidance for program organization; organizational
51; governance and staffing responsibilities; procedures for project planning; artist selection; art
512 selection criteria; art placement criteria; donations; loans and memorials; collection
513 management; and administration of the Public Art Fund.
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51 - 3.Location Plan. The Art Advisory Board shall prepare,and from time to time revise, a Art in
515 Public Places Program Location Plan that identifies locations and criteria for public artworks
516 and establishes a priority order.
517
518 Sec. 27-28 —27-32. Reserved.
519
5210 ARTICLE III. BOYNTON BEACH LIBRARY BOARD
521 Sec. 27-33. Purpose and Duties.
52;. 1. Subject to the control and direction of the City Commission,the Library Board:
523 (a) Shall act in an advisory capacity (non administrative) to the City Commission, to
524 assure representation of the ideas of citizens and taxpayers of the City relative to
525 the function and operation of municipal libraries and reading rooms in the City,and
526 such advisory assistance shall include, but not be limited to, recommendations
527 relative to control of expenditures of moneys collected or donated to the credit of
52& any municipal library in this City, and the supervision, care and custody of the
529 grounds, rooms, property and buildings constructed, leased or set aside for
530 municipal library purposes.
531 (b) Shall make recommendations for the appointment of a suitable librarian and
531 assistants and their respective rates of compensation; establish regulations for the
533 government and control of any municipal library as may be deemed necessary for
534 its preservation and to maintain its usefulness and efficiency; fix and impose by
535 general rulef.,penalties and forfeitures for failure to return any book or for violation
536 of any by-laws or regulations of the board.
537 (c) Shall annually in an advisory capacity assist the City manager in preparing a budget
538 for the maintenance and expansion of municipal library facilities.
539 (d) Shall keep records, inventories and accounts, budgetary or otherwise, of all of the
540 activities of the board and the municipal library system and make reports to the City
54_ Manager and the City Commission relative thereto annually or whenever requested
542 to do so by the Commission.
543
544 27-34—27-38. Reserved.
545
00351419.9306-9001821)
17
546 ARTICLE IV. PARKS AND RECREATION BOARD
547 27-39. Powers and duties.
548 1. Subject to the control and direction of the City Commission,the Parks and Recreation Board:
549 (a) Shall act in an advisory capacity (non-administrative) to the Recreation and Parks
550 Department, to assure representation of ideas of citizens who are interested in
551 promoting better recreation and park facilities and programs for the City. Such
552 advice shall include but not be limited to site locations, development, supervision
553 and maintenance of public recreation and parks of the City.
554 (b) May acquire by gift or donation, any property for public recreation or park
555 purposes.Any gifts or donations acquired shall go through the Recreation and Parks
556 Department and shall become the property of the City,and title of any real property
557 so acquired shall be taken in the name of the City.
558 (c) Shall make recommendations to the City Manager and City Commission, through
559 the Recreation and Parks Director, concerning the purchase of property by the City
560 for public recreation and park purposes, concerning the establishment,
56 I. maintenance, and supervision of public recreation and parks, and concerning
562 expenditures of the recreational and park fund hereinafter established.
563 (d) Shall keep records and accounts of all the activities of the Board and make reports
564 through the Recreation and Parks Department to the City Commission and City
565 Manager whenever requested to do so.
566 (e) In exercising their powers and performing their duties as specified in this article,
567 the Board shall act through a majority of its members and the Chair of the Board is
568 requested to sign all papers and documents requiring the signature of the Recreation
569 and Parks Board.
570
571 Sec. 27-40—27-44. Reserved.
572
573 ARTICLE V. SENIOR ADVISORY BOARD
574 Sec. 27-45. Meetings.
575 The board shall meet quarterly on an "as needed" basis for the transaction of business.
576 Its meetings shall be open to the public.
577
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578 Sec.27-46. Purpose and Duties.
579 1. The Senior Advisory Board shall assist the elderly in:
580 (a) Setting up a retired senior volunteer program known as RSVP to provide services
581. for the homebound;
582 (b) Seeking federal and state grants to provide for services;
583 (c) Monitor and lobby for legislation regarding the elderly;
584 (d) Make arrangements for the medical mobile unit already in operation in Palm Beach
585 County to bring it to the City of Boynton Beach;
58 5 (e) Provide a pamphlet of available programs for seniors;
587 (f) Provide a speakers bureau, workshops and educational meetings on topics of
588 interest for seniors;
589 (g) Recommend free legal programs and banking services for the homebound;
590 (h) Provide recreation and social programs.
591.
59 a Sec. 27-47—27-51. Reserved.
59 ARTICLE VI. EDUCATION AND YOUTH ADVISORY BOARD
594
593 Sec. 27-52. Created.
59 5 The City Commission, in accordance with the powers vested in it, merged the Children
59 7 and Youth Advisory Boards and the Education Advisory Board and established the Education
590 and Youth Advisory Board.All powers,duties, and responsibilities of the Education Advisory
599 Board shall survive and be deemed merged and consolidated with the powers, duties and
600 responsibilities of the Children and Youth Advisory Board. All previous actions of the
601 Education Advisory Board shall survive this consolidation unless specifically revoked by the
60R Children and Youth Advisory Board.
603
604 Sec.27-53. Organization.
603 The Children and Youth Advisory Board shall comprise seven (7) permanent members,
605 two(2)alternate members and three(3)student members. The three(3)student members shall
607 be appointed for a period of one (1) year.
603
603 Sec. 27-54. Purpose and Duties.
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611 1. The Education and Youth Advisory Board shall assist the City and local schools in:
61 (a) Development of programs that promote ongoing relationships with caring adults
61 ' and the recruitment of volunteers to assist students before, during and after school.
61 : (b) Formulation of long and short range programming to benefit the children and youth
61 ' of the community by involving parents, the business community, civic and
61 1 neighborhood organizations, including volunteer recruiting for before and after
61 . local school programs.
61 ' (c) Contact community groups and businesses within the geographical boundaries of
61 ; Boynton Beach for professional skills, materials,financial or education support for
61 i the schools and with the purpose of implementing programs at local schools that
621 benefit students from Pre-K through grades 12 and vocational schools.
62 (d) Development of incentives and enhancements to encourage the development of safe
62'' places, including improved playgrounds at or near local schools and structured
62: activities during non-school hours.
62" (e) Coordinating with City's parks and recreation department to improve playgrounds
62 ii at or near local schools.
62 il (f) Identification and dissemination of information on local, county, state and federal
62 i programs that provide beneficial services to children and their families.
62 i
(g) Developing strategies for communicating with the School Board of Palm Beach
62! County and its staff,advising the City Commission as to the activities of the School
631 Board, and other federal, state and local legislative bodies which affect the needs
63 i of students,within the city.
63' i. Developing recommendations to the City Commission for forwarding to the
631 School Board of Palm Beach County regarding actions which may be taken
63 in support of schools in Boynton Beach and with respect to proposed
63 i legislation at the state level.
631 (h) Development of child and youth advocacy programs.
63 i (i) Developing public relations that highlight successful programs within the schools
63 i to help improve their image in conjunction with local media.
631 (j) Coordinating with the local police department to improve safety for students before,
64 1 during and after school, and to promote and enhance the relationship between
641 children and local police.
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64'
64; Sec. 27-55—27-59. Reserved.
64'
64' ARTICLE VII. PLANNING & DEVELOPMENT BOARD
64. Sec.27-60. Membership.
64' 1. In appointing members to the Planning and Development Board,the City Commission shall
64: give preference, when possible, to resident professionals such as urban planners, developers,
64: realtors, and design professionals licensed in the disciplines of architecture, landscape
651 architecture, and civil engineering.
65 2. Should a member of the Planning and Development Board move outside the City limits,the
65'. member shall become disqualified, and a new member shall be appointed by the City
65;, Commission.
65
I
65: Sec. 27-61. Functions,Powers, and Duties.
65 1. The Planning and Development Board shall act in an advisory capacity to the City
65' Commission by conducting investigations and holding public hearings regarding the
65:' following:
65, (a) Ordinances,regulations, and other proposals promoting orderly development along
661 lines indicated as desirable by the Comprehensive Plan;
66 i (b) Proposed developments and determination of conformance to the principles and
66' requirements of the Comprehensive Plan and Land Development Regulations;
66 i (c) Changes or amendments relating to the boundaries of the City, its zoning districts,
66 1 or future land use map classifications;
660:( d) Changes or amendments to the text of the Comprehensive Plan or Land
66 I Development Regulations;
66, (e) Other duties which may be lawfully assigned to it,or which may have a bearing on
66 i the preparation or accomplishment of the plan;
66 4 (f) Project designs, aesthetics, quality, and impact upon the value of property and the
671 physical environment of the City; and
6711 (g) The promotion of sustainable development activities.
67.
67! Sec.27-62. Meetings.
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21
67 1. The Planning and Development Board shall meet on the fourth Tuesday of each month
67', unless otherwise rescheduled in connection with holidays, planned absences, or at other such
67 times as the chairperson may determine.
67 ' (a) On behalf of the board, the City Clerk shall keep minutes of its proceedings,
674 showing the vote of each member on each question, or if absent or abstaining,
671 indicating such fact.
6811 (b) No member shall abstain from voting unless he or she has a conflict of interest
68 pursuant to the provisions contained herein or in accordance with F.S.Chapter 112.
68 (c) The records of the board shall be filed in the office of the City Clerk and shall be
68 public records.
681
68 Sec.27-63. Review of Applications.
68 1. Staff shall review each of the following types of applications and requests and make a
687 recommendation to the Planning and Development Board, who shall have the authority and
688 duty to hear and make recommendations to the City Commission:
68$ (a) annexation;
69 (b) Comprehensive Plan amendments;
69 (c) conditional use; rezoning;
69' (d) Master Plan (new);
69; (e) major Master Plan modification;
69 (f) Site Plan;
69• (g) Site Plan time extension;
69• (h) Major Site Plan modification;
691 (i) Vacation and abandonment;
69, (j) Master Site Plan (new);
69 i (k) Major Master Site Plan modification;
7011 (1) Use approval; Waiver(in PID);
70 1 (m)Community Design Appeal;
70&
(n) Height exception;
701 (o) Variance to Land Development Regulations; and,
701' (p) Wireless communication facilities (WCF).
70;
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22
706 Sec. 27-64. Action.
707 1. No action of the Planning and Development Board shall be considered a final action of the
708 City until ratified by the City Commission. The procedure for ratification shall be as follows:
709 (a) All matters which have been reviewed and acted on by the board shall be
710 summarized in writing as a proposed development order. The form of the
711 proposed development order shall be approved by the City Attorney.
712 (b) All proposed development orders shall be submitted to the City Commission at
713 a regular City Commission meeting following action by the board. When a
714 legislative item, such as a land use amendment, is consolidated with a quasi-
715 judicial item, such as a rezoning, both items shall proceed using the quasi-
715 judicial process, but consolidation shall not alter the legal standard for review,
717 or the burden of proof.
718 (c) The City Commission may table a proposed development order to ensure that
719 proper notice and opportunity to be heard is provided to the applicant, the
72) public, and any other interested parties. All documents and evidence that were
72 I. submitted to the Planning and Development Board constitute part of the record
72g of the proceeding before the City Commission and it is presumed that the City
723 Commission accepted and considered the documents and evidence in its
724 consideration of the issues before the Commission.
72 5 (d) Following approval of a development order by the City Commission, the City
720 Clerk shall date and sign the development order and issue it as a final order.
727
728 Sec.27-65. Terms and Definitions.
729 See Part III, "Land Development Regulations", Chapter 1, "General Administration", Article
730 II, for all applicable terms and definitions which pertain to the regulations and standards
731 contained herein.
73 i
733 Sec. 27-66 —27-70. Reserved.
734
735 ARTICLE VIII. HISTORIC RESOURCES PRESERVATION BOARD
736
73 7 Sec.27-72. Membership.
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23
738 1. Where possible,a minimum of two(2)members shall be chosen from among the disciplines
739 of architecture, history, architectural history, archaeology, landscape architecture or planning.
74Q A minimum of three (3) additional members of the board shall be experienced in the areas of
741 commercial development, real estate, banking or law. The two (2) remaining members shall
742 be citizen members at large.
743 (a) All members shall have demonstrated a special interest, experience or knowledge
744 in historic preservation or closely related disciplines.
745 (b) Persons serving on the board are encouraged to attend educational meetings or
746 workshops to develop a special interest, expertise, experience or knowledge in
747 preservation, architecture, or quasi-judicial boards.
748 (c) The City may appoint a professionally qualified historic preservation planner to
749 advise and assist the board, carry out delegated responsibilities, and undertake the
750 requirements for Certified Local Government certification.
751
752 Sec. 27-73. Meetings.
753 1. The board shall hold a minimum of four(4) meetings per year at regular intervals. All
754 meetings of the board shall be publicly announced and will have a previously advertised
755 agenda. The meetings shall be open to the public.
755 (a)Planning and Zoning staff shall attend all meetings, acting in an advisory capacity
757 and participating fully in board discussions, but having no right to vote.
758 (b) Summary minutes will be prepared and made available to the public after
759 adoption by the board.
760
761 Sec. 27-74. Powers and Duties.
76? I. The board shall have the following powers and duties within the incorporated City limits of
763 Boynton Beach, Florida:
764 (a) The Historic Resources Preservation Board shall act in an advisory capacity to the
765 City Commission and shall provide recommendations to the City Commission
766 regarding the following:
767 i. Nomination of properties and districts to the National Register of
768 Historic Places,as a required duty of being a certified local government.
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24
761 ii. Nominations of properties and districts to the Boynton Beach Register
771 of Historic Places.
771 iii. Adoption, modification, or replacement of a Design Guidelines
77 PA Handbook.
77C (b) To hold public hearings and to approve or deny applications for certificates of
77' appropriateness or certificates of economic hardship affecting proposed or
77. designated properties or properties within districts;
77. (c) To advise and assist owners of properties on physical and financial aspects of
77 J preservation, renovation, rehabilitation and reuse, and on procedures for inclusion
77M in the National Register of Historic Places;
771 (d) To call upon available City staff members as well as other experts for assistance
781 and/or technical advice;
7811 (e) To authorize a member of the board to testify before a board or committee on any
78 i matter affecting historically, culturally, archaeologically, and architecturally
78 I significant properties and resources;
78`N (f) To confer recognition upon the owners of properties and districts by means of
781 certificates,plaques or markers;
78 r (g) To recommend amendments or changes to these Regulations;
78 i (h) To inform and educate the citizens of the City concerning the historic, cultural,
78' archaeological, and architectural heritage of the City; and
781 (i) To participate in survey and planning activities of the Certified Local Government;
791 (j) To coordinate with the State of Florida's Division of Historical Resources Certified
7911 Local Government program by satisfying the following requirements:
79! i. The State Historic Preservation Officer shall be given thirty (30)
79,! calendar days prior notice of all meetings and within thirty (30) days
79, following such meetings shall be provided with the minutes and record
79` of attendance of the Historic Resources Preservation Board and the
79! public.
791 ii. The State Historic Preservation Officer shall be notified of any change
79 i of Historic Resources Preservation Board members within thirty (30)
79! days of their appointment.
{00351419.9 306-9001821}
25
800 iii. Notify the State Historic Preservation Officer immediately of all new
801 historic designations or alterations to existing designations.
802 iv. Submit amendments to the ordinance to the State Historic Preservation
803 Officer for review and comment at least thirty (30) days prior to
804 adoption.
805 v. Submit an annual report by March 1 covering activities of the previous
806 October 1 through September 30 and shall include the following
807 information:
808 A. A copy of the Rules of Procedure;
809 B. A copy of the Historic Preservation Ordinance;
810 C. Resumes of the Historic Resources Preservation Board members;
81_ D. Changes to the Historic Resources Preservation Board
812 membership;
813 E. New local designations and National Register listings;
814 F. A review of survey and inventory activity with a description of the
815 system used;
816 G. A program report on each grant-assisted activity; and
817 H. Number of projects reviewed.
818 (k) To undertake any other actions or activity necessary or appropriate to the
819 implementation of its powers and duties or to implementation of the purpose of
820 these Regulations.
821
822 Sec. 27-75 —27-79. Reserved.
823
824 ARTICLE IX. BUILDING BOARD OF ADJUSTMENTS AND APPEALS
825
826 Sec. 27-80. Powers and duties.
82'7 Pursuant to Section 553.80, Florida Statutes, as may be amended, the Florida Building
828 Code, and the Boynton Beach Administrative Amendments of the Florida Building Code, the
829 Building Board of Adjustments and Appeals shall have the power,as further defined in Section
830 113.4, of the Boynton Beach Administrative Amendments of the Florida Building Code, to
831 hear appeals of decisions and interpretations of the building official and consider variances of
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26
83' the Florida Building Code and other technical codes. See Boynton Beach Administrative
83; Amendments to the Florida Building Code 6th Edition (2017).
83'
83:
Sec. 27-81. Secretary of board.
83 The building official or his/her authorized representative shall act as secretary of the board
83 and shall make a record of all of its proceedings, which shall set forth the reasons for its
83 decision, the vote of each member, the absence of a member, and any failure of a member to
831 vote.
841
841 Sec. 27-82. Membership.
84& Board members shall be composed of individuals with knowledge and experience in the
841 technical codes to include, to the greatest extent possible, an architect, engineer, general
84i contractor, electrical contractor, HVAC contractor, plumbing contractor, and any other
84 contractor licensed category. In addition to the regular members,there should be two alternate
84 r members,one member with the qualifications referenced above and one member at large from
841 the public.
841
841
Sec. 27-83. Appeals.
851 1. Decision of the building official. The owner of a building, structure or service system, or
8511 duly authorized agent, may appeal a decision of the building official to the Building Board of
85' Adjustments and Appeals whenever any one of the following conditions are claimed to exist:
851
(a) The building official rejected or refused to approve the mode or manner of
85 construction proposed to be followed or materials to be used in the installation or
i
851 alteration of a building, structure or service system.
85 E (b) The provisions of this code do not apply to this specific case.
85 (c) That an equally good or more desirable form of installation can be employed in any
851 specific case,which the building official has rejected or refused.
851
(d) The true intent and meaning of this code or any of the regulations hereunder have
861 been misconstrued or incorrectly interpreted.
86,1
Sec. 27-84. Variances.
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27
86; 1. The Building Board of Adjustments and Appeals, when upon written request, has been so
86 appealed to and after a hearing, may vary the application of any provision of this code to any
86• particular case when, in its opinion, the enforcement thereof would do manifest injustice and
86• would be contrary to the spirit and purpose of this or the technical codes or public interest,and
86' also finds all of the following:
86: (a) That special conditions and circumstances exist which are peculiar to the
86• building, structure or service system involved and which are not applicable to
871 others.
87 (b) That the special conditions and circumstances do not result from the action or
87' inaction of the applicant.
87; (c) That granting the variance requested will not confer on the applicant any special
87' privilege that is denied by this code to other buildings, structures or service
87• system.
87. (d) That the variance granted is the minimum variance that will make possible the
87' reasonable use of the building, structure or service system.
87: (e) That the grant of the variance will be in harmony with the general intent and
87! purpose of this code and will not be detrimental to the public health, safety and
881 general welfare.
88
88' Sec. 27-85. Conditions of the variance. In granting the variance, the board may prescribe a
88: reasonable time limit within which the action for which the variance is required shall be
88' commenced or completed or both. In addition,the board may prescribe appropriate conditions
88. and safeguards in conformity with this code. Violation of the conditions of a variance shall be
88. deemed a violation of this code.
88'
88: Sec.27-86. Notice of appeal.Notice of appeal shall be in writing and filed within 30 calendar
881 days after the building official renders the decision. Appeals shall be in a form acceptable to
89 the building official.
89
89 Sec. 27-87. Unsafe or dangerous buildings or service systems. In the case of a building,
891 structure or service system, which in the opinion of the building official, is unsafe, unsanitary
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28
89` or dangerous,the building official may, in the order, limit the time for such appeals to a shorter
89:1 period.
89'
891 Sec. 27-88. Procedures.
89� 1. Rules and regulations.The board shall establish rules and regulations for its own procedure
89,1
not inconsistent with the provisions of this code. The board shall meet on call of the chairman,
901 subsequent to a request to call a meeting by the secretary. The board shall meet within 30
9011 calendar days after notice of appeal has been received.
90! (a) Rules of Evidence. Formal rules of evidence shall not apply, but fundamental due
90C process should be observed and govern the proceedings. Upon determination by the
9
904 chairman, irrelevant, immaterial or unduly repetitious evidence may be excluded, but
90: all other evidence of a type commonly relied upon by reasonable, prudent persons in
90E the conduct of their affairs shall be admissible, whether or not such evidence would be
90 admissible in a trial in the courts of Florida. Any part of the evidence may be received
90E in written form. The board may request certain evidence from the petitioner to be
901 provided by an architect or engineer registered in the State of Florida, in which case,
911 said evidence shall be signed, sealed, and dated.
911i (b) Testimony. Any member of the board or the attorney representing the board may
91! inquire of, or question, any witness before the board. Any member of the board, the
91! petitioner or his/her attorney, and/or the building official shall be permitted to inquire
91 of any witness before the board. The board may consider testimony presented by the
91` building official, the petitioner, or any other witness.
91! 2. Decisions. The Building Board of Adjustments and Appeals shall, in every case, reach a
91! decision without unreasonable or unnecessary delay. Each decision of the board shall also
91;
include the reasons for the decision. If a decision of the board reverses or modifies a refusal,
91i
order, or disallowance of the building official or varies the application of any provision of this
921 code, the building official shall immediately take action in accordance with such decision.
921 Every decision shall be promptly filed in writing in the office of the building official and shall
92! be open to public inspection.A certified copy of the decision shall be sent by mail or otherwise
921 to the appellant and a copy shall be kept publicly posted in the office of the building official
92j for two weeks after filing. Every decision of the board shall be final; subject however to such
92` remedy as any aggrieved party might have at law or in equity.
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29
9 6 3. Local Construction Regulation Board The local government may also utilize this Board to
9 7 convene as the Local Construction Regulation Board (LCRB), as provided in Florida Statute
9 489.113. The LCRB may deny, suspend,revoke or limit the authority of a certified contractor
9 9 to obtain a building permit or permit with specific conditions, if the LCRB has found such
9 0 contractor, through public hearing, to be guilty of fraud or a willful building code violation
9 1 within the county or municipality that the LCRB represents. The LCRB may also, deny,
9 '2 suspend, revoke or limit the authority of a certified contractor to obtain a building permit or
9 '3 permit with specific conditions, if it has proof through the public hearing process, that a
9 " contractor has been found guilty in another county or municipality within the past 12 months,
9 .5 of fraud or a willful building code violation and after providing notice of an opportunity to be
9 '6 heard to the contractor, finds that such fraud or violation would have been fraud or a violation
9 .7 if committed in the county or municipality that the LCRB represents. Notification of and
9 information concerning such permit denial shall be submitted to the division within 15 days
9 f. after the LCRB decides to deny the permit.
9'Q
9' J Sec.27-99. City Commission.
9'2 1. Local Planning Agency. The City Commission is hereby designated as the city's local
9'3 planning agency to act on behalf of the city under the terms and provisions of the local
9' ' government Comprehensive Planning Act, having the general responsibility for overseeing a
9'5 comprehensive planning program and the preparation and amendment of the Comprehensive
9 6 Plan or elements or portions thereof applicable to the areas under the jurisdiction of the city as
9'i provided in said Act.
9' : 2. Finality and Review. All decisions of the Planning and Development Board shall be
9' 1 advisory to the City Commission. Once final, a decision may be reviewed by the filing of a
9'I Petition for Writ of Certiorari in the Circuit Court of the 15th Judicial Circuit in and for Palm
9 Beach County, Florida, and in accordance with the procedure and within the time provided by
9'a court rule and such time shall commence to run from the date of the decision sought to be
9reviewed.
9,.
9'5 27-100—27-104. Reserved.
9'6
9"7 ARTICLE X. APPEALS
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9' Sec. 105. Administrative Official.
9 '' 1. Eligibility. Appeals of a decision of an administrative official may be taken by any person
9:II aggrieved, or by any officer, board, or bureau of the governing body affected by any decision
9: of an administrative official under any ordinance enacted pursuant to the Land Development
9; Regulations.
9: 2. Filing. Appeals of a decision of an administrative official,excluding the Building Official,
9: shall be filed within fifteen (15) calendar days after rendition of the order, requirement,
9; decision,or determination made by the administrative official. For appeals of a decision made
9: by the Building Official, the notice of appeal shall be in writing and filed within thirty (30)
9: calendar days after such decision is rendered. When necessary, a current certified survey and
9: a fee as adopted by resolution of the City Commission, plans, drawings, documents and/or
9;' other material constituting the record upon which the action was taken shall be collected by
9 the administrative official and, together with the completed appeal, forwarded to the
9 1 appropriate appeal board for placement on the board's next available agenda.
9 2 3. Stay of Work. Upon posting of acceptable surety(see Chapter 2,Article III, Section 6)by
973 the appellant in an amount equal to one hundred ten percent (110%) of the potential costs of
974 delays and damages as certified by a design professional, all work on the premises and all
9 5 proceedings in furtherance of the action appealed will be stayed, unless the administrative
9 official from whom the appeal was taken, certifies that by reason of facts stated in the
9 certificate, a stay would cause imminent peril of life or property. In such case,proceedings or
9 work shall not be stayed except by a restraining order which may be granted by the board or
9 by a court of record on application, on notice to the officer from whom the appeal is taken and
9:II on due cause shown.
9: 4. Assignment of Appeals. The City Commission or the Building Board of Adjustments and
9: Appeals shall review all appeals. The assignment of each is as follows:
9: (a) City Commission. The City Commission shall hear and decide all appeals regarding
9: the administration, interpretation, or enforcement of any standard, provision, or
9: regulation contained in the land development regulations, except for that which is
9: identified below.
9: (b) Building Board of Adjustments and Appeals. The owner of a building, structure, or
9: service system,or duly authorized agent may appeal a decision of the Building Official
9:'' or the Floodplain Administrator,as applicable,in his/her enforcement or administration
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991 of Chapter 4, Article IX, Building, Construction and Historic Preservation
99 Requirements; Chapter 4, Article X,Flood Prevention Requirements; or whenever any
99: one (1) of the following conditions are claimed to exist:
991 i. The Building Official or the Floodplain Administrator, as applicable, rejected
99i or refused to approve the mode or manner of construction proposed to be
99 followed or materials to be used in the installation or alteration of a building,
991, structure, or service system;
9'i ii. The provisions of the city's current edition of the Administrative Amendments
9': to the Florida Building Code do not apply to this specific case;
99i iii. That an equally good or more desirable form of installation can be employed in
1011 a specific case; or
101 iv. The true intent and meaning of the city's current edition of the Administrative
101; Amendments to the Florida Building Code have been misconstrued or
1011 incorrectly interpreted.
1011 v. An application made by the owner or tenant of a property which operates as a
101; group home is denied. The Building Board of Adjustments and Appeals shall
101, convene within thirty(30)calendar days of the date that a written appeal is filed
101/ with the City. If the Building Board of Adjustments and Appeals is unable to
10I': convene within 30 days, the appeal may be heard by the City's Magistrate and
101 N the matter will be added to the agenda of the next available Code Enforcement
101'' Hearing date.
101 5. Hearing of Appeals. The City Commission or Building Board of Adjustment of Appeals
101! shall fix a reasonable time for the hearing of the appeal, give public notice thereof, as well as
101! due notice to the parties in interest. Upon the hearing, any party may appear in person, by
101' agent or by attorney.
101' 6. Review of Administrative Orders. In exercising its powers, the City Commission or the
101. Building Board of Adjustments and Appeals may, reverse or affirm, wholly or partly, or may
101 modify the order, requirement, decision, or determination made by an administrative official
101: and may make any necessary order, requirement, decision, or determination, and to that end,
101! shall have all the powers of the officer from whose action is being appealed. The concurring
10 1 vote of a majority of the members present shall be necessary to reverse any order,requirement,
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1021 decision, or determination of any administrative official or to decide in favor of the applicant
1022 on any matter upon which the board or commission is required to pass.
102 7. Indemnification. In the event a claim or lawsuit is brought against the city, its officers,
1024 employees, servants or agents, the applicant hereby agrees to indemnify, save, and hold
1025 harmless the city, its officers, employees, servants or agents and to defend said persons from
1026 any such claims, liabilities,causes of action, and judgments of any type whatsoever arising out
1027 of or relating to the appeals from decisions of an administrative official whether the appellant
1028 is the applicant or any other party. The appellant agrees to pay all costs, attorney's fees, and
1029 expenses incurred by the city, its officers, employees, servants or agents in connection with
1030 such claims, liabilities or suits. Nothing contained herein, however, shall act as a waiver of
1031 any of the city's immunities provided for in F.S. § 768.28.
1032
1033 Sec. 106. Building Board of Adjustments and Appeals.
10341 1. Eligibility. Appeals of decisions by the Building Board of Adjustments and Appeals may
103E be taken by any aggrieved party affected by a board decision.
1036 2. Filing. Appeals for judicial relief shall be filed with the Palm Beach County Circuit Court
1037 within thirty(30) calendar days after rendition of a board decision.
103E (Ord. 10-025, passed 12-7-10)
1039
104C Sec. 107. City Commission.
1041 1. Eligibility. Appeals of decisions by the City Commission may be taken by any aggrieved
1042 party affected by a City Commission decision.
1043 2. Filing. Appeals for judicial relief shall be filed with the Palm Beach County Circuit Court
1044 within thirty(30)calendar days after rendition of the City Commission decision.
1045
1046 Sec. 108. Withdrawal or Denial of Appeal.
1047 1. Refiling After Denial. Upon denial of an application for relief hereunder, in whole or in
1048 part, a period of one(1)year must elapse prior to the filing of a subsequent application
1049 affecting the same property or any portion thereof.
1050 2. Refiling After Withdrawal with Prejudice. Upon the withdrawal of an application, in
1051 whole or in part, a period of six (6) months must elapse prior to the filing of a subsequent
1052 application affecting the same property or any portion thereof, unless, however,the decision
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1053 of the applicable Advisory board is without prejudice; and provided that the period of
1054 limitation shall be increased to a two (2)-year waiting period in the event such an application,
1055 in whole or in part, has been twice or more denied or withdrawn.
1056 3. Refiling After Withdrawal without Prejudice. An application may be withdrawn without
1057 prejudice by the applicant as a matter of right;provided the request for withdrawal is in
105d writing and executed in a manner and on a form prescribed by the Building Board of
1059 Adjustments and Appeals and filed with the board at least one (1) week prior to any hearing
106) scheduled concerning the application; otherwise, all such requests for withdrawal shall be
106 1 with prejudice. When an application is withdrawn without prejudice, the time limitations for
106k re-application provided herein shall not apply. No application may be withdrawn after final
1063 action has been taken.
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