O68-19ORDINANCE NO. 68 19
AN ORDINANCE OF THE CITY OF BOYNTON BEACH,
FLORIDA, AMENDING CHAPTER 31 OF THE CODIFIED
ORDINANCES OF THE CITY OF BOYNTON BEACH,
ADOPTING AND SETTING FORTH PROCEDURE FOR
GRANTING SPECIAL EXCEPTIONS TO PROVIDE. FOR
COMPREHENSIVE PLANNED UNIT DEVELOPMENTS;
PROVIDEAIG FURTHER FOR A SAVINGS CLAUSE,
REPEALING PROVISIONS, AUTHORITY TO CODIFY, :-
AN EFFECTIVE DATE AND FOR OTHER PURPOSES;
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 is hereby amended as follows:
(a) Add
to Section 31-2(Definitions), the following:
Comprehensive Planned Unit Development - A development of land consisting
of 100 acres or more and ownedby a single owner, for residential and/or
commercial purposes according to a specified comprehensive plan of develop-
ment indicating specific locations for various land uses, open space,
community facilitY_es and internal traffic circulation system. Such Plan will
be reviewed by the Planning Board and appropriate zoning districts assigned
to various use areas. The Planning Board shall make its recommendations
to the City Council for final action.
(b) Add to Section 31-5, Subsection (j) to read:
(j). Special Exceptions - Irrespective of other provisions of this section of the
zoning ordinance, the following uses~may be considered in the R-1AA, R-IA and
RI zoning districts as a special exception subject to review as prescribed in
Section 31-12 (I).
1. Comprehensive Planned Unit Development.
(c) Add to Section 31-12 (General Provisions and Exceptions)
Subdivision I, To read:
1. Special Exceptions; definition; conditions governing application; procedure;
standards; findings required.
A. The City Council shall decide only such special exceptions
as are specifically authorized by the terms of the zoning ordinance; to decide
such questions as are involved in determining whether special exceptions
should be granted; and to grant special exceptions with such conditions and
safeguards as are appropriate under the zoning ordinance; or To deny special
exceptions when not in harmony with the purpose, intent, and rquirements of
the zoning ordinance and this section. No special exception shall be granted
until the application has been reviewed by the Planning Board and the City
Council has received the recommendations of the Planning Board. The City
Council shall hold a public hearing, after public notice of the subject matter
has been given, prior to granting any special exception.
B. Any person, firm or corporation owning property within the
City of Boynton Beach, Florida, desiring to obtain a special exception as
prescribed and limited under the zoning ordinance of the City or amendments
thereto shall proceed in the following manner, to wit:
(1) Such person, firm or corporation shall file an application I
for a special exception with the City Clerk. Said application shall
be in a form substantially in accordance with the form pre-
scribed by said Clerk, copies of which may be obtained from
the Building Department of the City. The authority authorizing
a person other than the owner to sign such application must be
attached to and accompany said application. A $25.00 fee is
required for filing said application.
(2) The City Clerk shall refer the application to the Planning
Board and shall provide for a public hearing before the City
Commission in accordance with Section 7-19 of the City Code
of Ordinances, such public hearing ~o occur not less than thirty,
nor more than sixty days next following the date of any such
application.
(3) The City Planning Board shall make its recommendations
to the City Council within thirty days of the date of any such
application. The recommendations of the Planning Board to
the City Council shall advise the Council on whether or not in
the majority opinion of the Planning Board the proposed
comprehensive planned unit development contains adequate
conditions and safeguards to protect the public interest and
satisfies the several conditions to be considered by the City
Council under subsection (d) of this Section of this Ordinance.
C. A special exception is hereby defined as a use structure or
structures that would not be appropriate generally or without restriction
throughout the zoning division or district but which, if controlled as to
number, area, location or relation to the neighborhood would promote the
public health, safety, welfare, morals, order, comfort, convenience,
prosperity or general welfare, such uses or structures are permitted in such
zoning districts as special exceptions is made in the zoning ordinance.
D. A special exception shall not be granted by the City Council
unle s s and until:
(1) The City Council shall make findings that the granting of
the special exception, with any appropriate conditions and
safeguards that the City Council may deem necessary, will not
adversely affect the public interest.
(2) In reaching its conclusion and in making the findings
required in (1) above, the City Council shall consider and weigh,
among others, the following factors and standards, where
applicable, and shall show in record such factors as were
considered and the disposition made thereof. Further, the
City Council shall find in the case of any of these factors and
standards, where they may be relevant and applicat~le , that
the purposes and requirements for granting the special
exception have been met by the applicant;
(a) Ingress and egress to and throughout the property and
the proposed structures thereon, if any, including such consider
ations as automobile and pedestrian safety and convenience,
traffic flow and control, and access in case of fire or catastropb.
Right of Way and paving width.
(b) Off-street parking and loading areas, where required,
including consideration of relevant factors in (t) preceding, and
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the economic, noise, glare or odor effects of the location of
such areas on adjacent and nearby properties and properties
generally in the district;
(c) Refuse and service areas, including consideration of
relevant factors in (a) and (b) preceding;
(d) Utilities, including such considerations ashook-in
locations and availability and compatibility of utilities for the
proposed use structure or structures;
(e) Screening and buffering, including considerations of such
relevant factors as type, dimensions and character to preserve
and improve compatibility and harmony of use and structures
between the proposed special exception and the uses and structur~
of adjacent and nearby properties and properties generally in the
district;
(f) Signs, if any, and proposed exterior lighting, if any, with
reference to glare, traffic safety, and economic effects of same
on properties in the district, and compatibility and harmony
with other properties in the district;
(g) Required yards, open spaces, recreation facilities;
(h) Height of structure where related To uses and structures
on adjacent and nearby properties and properties generally in
the district;
(i) Density, size of plat, plot coverage, minimum floor area,
lot sizes.
(j) General compatibility and harmony of the use and
structures under the proposed special exception with the uses and
structures on adjacent and nearby properties and properties
generally in the district;
. (k) Economic effects on adjacent andnearby properties and
properties generally in the district of the grant of the special
exception.
(1) The City Council will refer all items requireing professio[
review~ i.e. (Engineering~ legal) to the proper department prior
to the granting of any special exception.
E. In g~anting special exception, the City Council may suggest
appropriate conditions and safeguards in conformity with the standards herein
set out in conformity with the zoning ordinance. The City Council may also
prescribe a time limit within the action for which the special exception is
granted should be begun or completed, or both.
Section 2: Separability: Each of the provisions of this Ordinance
are separable, including word, clause, phrase or sentence or sentences, and
if any portion hereof shall be declared invalid~ the remaining portion shall not
be affected but shall remain in full force and effect.
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Section 3: Repealing Provisions: All ordinances or parts of
ordinances in conflict herewith are hereby repealed.
Section. 4: Authority. to. Codify.:. SPeCific authority is hereby
granted to codify and incorporate this Ordinance in the City's existing Code.
Section 5: Effective Date: This ordinance shall become effectiv~
in the manner and at the time provided by the Charter and Ordinances of the
City of Boynton Beach, Florida.
First reading this 30tl~ay of August, A.D. 1968.
Second, final reading and passage this ~ ~ day of ~Ug~].~2£~ff~/
A.D. 1968.
ATTEST:
city Clerk
SEAL
CITY OF BOYNTON BEACH, FLORID
Mayo~r~
'Counc ~m an
Councilman
Councilman"
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