O73-02ORDINANCE NO. 73-2
AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA,
AMENDING CHAPTER 31 OF THE CODIFIED ORDINANCES OF
SAID CITY BY ADDING AN ADDITIONAL SECTION AND
ESTABLISHING A CO~4MUNITY APPEARANCE BOARD AND PRO-
VIDING FOR THE APPOINTMENT, TERM~.~ AND DUTIES OF
THE BOARD MEMBERS_AND PROVIDING FOR THE CRHATIO~~
AND IMPLEMENTATION OF A COMMUNITY DESIGN PLAN AND
REQUIRING THE SUBMISSTON OF PLANS AND EP~CtF~IC3kTIONS
TO THE coMMUNITY APPEARANCE BOARD; PROVIDING FUR--
THER FO~ AUTHORITY TO e0DIFY, saviNss CLAUSE,
REPF2kLING PROVISIONS, RN EFFECTIVE DATE AND FOR
OTHER PURPOSES.
with many natural
the Gulf Stream
way, the inlets,
the community
a significant
WHEREAS, the City Council recognizes that the City of
Boynton Beach, Florida, is primarily a residential community
features including the close proximity to
in the Atlantic Oceanr the Intracoastal Water-
lakes and numerous natural elements contribut-
ing to the beauty of the City; that by far the largest area of
is zoned for single-family residences, but that
part is zoned for apartment and commercial uses;
that there is a tendency of some owners and developers to dis-
regard beauty and quality in construction and a consequent
serious danger that construction of inferior quality and appear-
ance will degrade and ~epreciate the image, beauty and reputa-
tion of the City of Boynton Beach and will affect the areas.
adjacent to such construction and development, as well as to
impair the stability in value of both improved and unimproved
real property in such areas, prevent the most appropriate
development of such areas, produce undesirable conditions
affecting the health, safety and general welfare of the community
and destroy the proper relationship between the taxable value
of real property in such areas and the cost of municipal services
provided therefor; and
WHEREAS, the City Council of the City of Boynton Beach
deems it necessary and advisable to establish a Community
Appearance Board for the purpose of preventing such harmful
effects in any neighborhood affected by such proposed develop-
ment and thus to promote and protect the public health, safety,
morals and general welfare of the community, to promote the
public convenience and prosperity, to conserve the value of
buildings, and to encourage the most appropriate use of land
within the City of Boynton Beach.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF BOYNTON BEACH, FLORIDA:
Section 1: Chapter 31 of the Codified Ordinances of the
City of Boynton Beach, Florida, be and is hereby amended by
adding thereto an additional section to be knov~a as Section
31-16.2 which shall read as follows:
"Section 3t-16.2 Community Appearance Board.
(1) A Community Appearance Board is hereby established
~,£nich shall consist of seven regular members and two
alternate members. At least one of the regular members
of the Board shall be a registered architect in the State
of Florida, if available, and at least one of the regular
members of the Board shall be a registered or retired
landscape architect or landscape designer. Each regular
and alternate member of the Board shall be a resident of
the City of Boynton Beach, Florida. The members of the
Board shall be appointed by the City Council. Of the
members of the Board first appointed, one regular member
and the two alternate members shall hold office for the
term of one year, three regular members shall hold office
for the term of two years, three regular members for the
term of three years from and after their appointment.
Their successors shall be appointed for the term of three
years from and after the expiration of the terms of their
predecessors in office. If a vacancy shall occur other-
wise than by expiration of term, it shall be filled by
the City Council for the unexpired term. The City Council
shall have power to remove any member of the Board for cause
(2) The Board shall elect a chairman and a vice
chairman to preside at meetings, and the Board shall
meet as often as needed but not less than once each
month on regularly~ scheduled dates. Additional meetings
shall be arranged when needed or required under this
chapter. All meetings shall be held in the City Hall
and open to the public.
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(3) The Board shall adopt rules and regulations for
the conduct of its business. A majority of the Board
shall constitute a quorum, and the affirmative or nega-
tive vote of a majority of the entire regular membership
of the Board shall be necessary for any action taken by
the Board. A record of the proceedings of the Board
shall be filed in the office of the City Planner of the
City of Bo~nton Beach and shall be available to the
public.
(4) The Community Appearance Board shall be directly
and completely accountable to the City Council. The
Board shall assist the City Planner in the creation and
the future updating of a Community Design Plan in coordina-
tion with the overall Comprehensive Master Plan of the
City. The Community Design Plan shall c~nsist of a
general analysis and a description of the desirable
aesthetic attributes of the City as regard to the intent
of this ordinance, the general requirements or minimum
aesthetic standards, a finding of the various areas of
the City as the areas relate to each other, and the
necessary definitions.
(5) The Community Appearance Board shall review
the plans ~nd specifications as described and defined in
Section 31-16.2 (6) t provide for a public hearing, and
then make its recommendation to the City Council° Such
recommendations may include any appropriate changes in
plans and specifications as the CommunitY Appearance Board
may deem necessary for compliance With the intent of this
Section 31-16.2 and for the promotion of the public health,
safety, morals and general welfare, and shall include con-
si~eration of whether the plans and specifications are in
c~mpliance with the following criteria:
(a)
The proposed use, building or structure is
in iharmony and generally c~mpatible with
the standards of architecture, beauty and
other aesthetic considerations as established
· n the Community Design Plan.
(b)
The proposed use, building or structure is
in harmony with the uses and structures on
adjacent and nearby properties as to land-
scaping, preservation and maintenance of
beauty, reforestation, open space, greenery
and other aesthetic features of the immedi-
ate and neighboring areas.
(c)
The proposed use, building or structure: is
generally compatible and in harmony with
the adjacent and neighboring areas as to
the existing conditions of buildings and
other structures, parking facilities, streets
and highways, lakes and other waterways,
ocean frontage, marinas, parks and recreatio~
facilities, lighting, utilities, and all
flora.
(d)
The economic effects of the proposed use,
building or structure shall not adversely
affect adjacent and nearby properties and
properties generally in the district and
shall not adversely affect the public interest.
(6) Any person, firm or corporation owning property
within the City of Boynton Beach, Florida, desiring to
obtain a building permit for the construction of any
building or structure or to materially alter a front or
side elevation of any existing building or structtlre in
the City of Boynton Beach~ Florida, excluding separate
single-family dwellings and separate duplex family
dwellings but including group single-family dwellings
and ~ro~p duplex family dwellings, sha~l~l submit with the
application ~or the building permit three se~s Of detailed
plans~and specificat%ons, including a !~ndscapin? plan,
prepared by an a:rchite6t or engineer ~e~stered in the
State of Florida. No building permit, e~rCept a permit
for the construction of a separate sing~%~family~-~ d~elling
or a separate duplex family dwelling, shail be issued
until such plans and ~cifications, i~c~din§ %he land-
scape~plan~ have been~aviewed ~y the ~k~mlauni%y Appearance
Board and approved by the City Council.' ~Tbe~complstion
of the Board's revle~ of the plans'and specifications
sha!~ be signified by the signature of tke chairman or
vice chairman of the Board. Such signature shall be a
prerequisite to the issuance of a b~i~din~ permit. In
the euent of the abandonment of or deviation from the
plans!and specifications, including the i~ndscape plan,
as approved by the City Council, or in th~ further event
that a~building permit has net been issue~ and construc-
tion Commenced within ~ne year from the d~e of approval
by the City Council, the approval of the p~ans and sPeci-
fications, including t~e landscape plan, bY the City
Council shall terminate and shall become null and void.'"
Section 2: Authority to Codify.: Specific authority is
hereby granted to codify and ~ncorporate this Ordinance in the
City's existing Code.
Section 3: Separability: Each of the provisions of this
Ordinance are separable, including word, clause, phrase or
sentence, and if any portion thereof shall be declared invalid,
the remaining portion shall not be affected but shall remain in
full force and effect°
Section ~: Repealinq Provisions: Ail ordinances or parts
of ordinances in conflict herewith are hereby repealed.
Section 5: An effective date.- This Ordinance shall become
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effective in the manner and at the time provided in the Charter
and Ordinances of the City of Boynton Beach~ Florida.
First readin§ this 2nd day of January, 1973.
Second, final reading and passage this 16th
1973o
day of January,
CITY OF BOYI~TON BEACH, FLORIDA
ATTEST:
~City Clerk
Mayor
Counc±lman
Councilman
0o¢ '?lman
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