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Development Applications
Development Applications are generally required for changes to site design or entitlements of a property. These changes can include New and Modifications to Site Plans and Master Plans, Conditional Use approvals, as well as rezoning of land and annexations. The city accepts applications digitally through SagesGov.
Important Information
GENERAL INFORMATION
The application within SagesGov must be filled out completely, accurately, and submitted to the Planning and Zoning Division with all applicable fees; an incomplete application will not be processed. The procedures and application processes for the below referenced minor and major development applications are further described in Chapter 2, Article II, Section 2 and 3 of the Land Development Regulations.
APPLICATION TYPES, PROCESSES AND MEETING DATES
The below table lists the different types of land development application(s) or request(s) and applicable meeting(s).
Minor Developments
Select (X) | Applications and Requests2,3 | required City Meetings
Pre-App. DART | required public meetings
cra CC | ||
| administrative adjustment |
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| Lot line modification |
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| Minor Landscape Plan Modification | ● |
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| Minor Master Plan Modification |
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| Minor Site Plan Modification | ● |
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| Minor Site Plan Time Extension |
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| Mobile Vending Unit |
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| New Minor Site Plan |
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| Sidewalk café 1 | ||||
| Sign Program | ● |
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Required:
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Major Development
Select (X) | Applications and Requests4 | required City Meetings
Pre-App. DART | required public meetings
CC | ||
| Annexation2 |
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| Cell Tower |
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| ComPrehensive PLAN text amendment1,2 |
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| Conditional Use | ||||
| FUTURE Land Use MAP Amendment/ Rezoning2 |
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| Major Master Plan Modification | ||||
| Major Site Plan Modification | ||||
| Major Time Extension3 |
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| Master Plan | ||||
| New Major Site Plan | ||||
| Vacation and Abandonment2 |
Required:
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PRE-APPLICATION CONFERENCE (PRE-APP)
A PRE-APP is the initial informal meeting between staff and the applicant to collaborate and discuss the City's overall goals, objectives, policies, codes, and regulations. The meeting allows the applicant to receive information and a description of the relevant review procedures anticipated from each staff discipline, Advisory Board, and City Commission. Opinions expressed at the conference are not binding for formal review purposes.
DEVELOPMENT APPLICATION REVIEW TEAM (DART)
Following the Pre-Application Meeting, the applicant prepares and submits the application package to the Planning and Zoning Division and schedules a DART meeting. City staff review the submittal to ensure compliance with the standards and requirements of the City’s Land Development Regulations or any other applicable codes. During this informal procedure, staff prepares comments and recommendations, which are forwarded to the applicant so that any issues can be completely resolved or adequately addressed during the DART meeting and, most importantly, prior to the Planning and Development Board meeting.
CITY COMMISSION (CC)
After the P&D Board conducts its review and formulates a recommendation, the Planning and Zoning Administrator, designee, or reviewing authority would forward the items to the City Commission for final review and approval. The Commission will review all presented items, including the staff report, exhibits, and recommendations, in conjunction with any testimony or other information presented at all meetings, and vote as follows: approve the application; approve the application subject to conditions; table or defer their decision to a subsequent meeting; or deny the application.
2024 Development Application Deadlines and Meeting Schedule
Submittal Deadline1 | City Commission / Public Hearing | City Commission / Public Hearing - Second Reading (if applicable)2 |
October 4, 2023 | December 5, 2023 | December 19, 2023 |
November 1, 2023 | January 2, 2024 | January 16, 2024 |
December 6, 2023 | February 6, 2024 | February 20, 2024 |
January 3, 2024 | March 5, 2024 | March 19, 2024 |
February 7, 2024 | April 2, 2024 | April 16, 2024 |
March 6, 2024 | May 7, 2024 | May 21, 2024 |
April 3, 2024 | June 4, 2024 | June 18, 2024 |
May 1, 2024 | July 2, 2024 | July 16, 2024 |
June 5, 2024 | August 6, 2024 | August 20, 2024 |
July 3, 2024 | September 3, 2024 | September 17, 2024 |
August 7, 2024 | October 1, 2024 | October 15, 2024 |
September 4, 2024 | November 5, 2024³ | November 19, 2024³ |
October 2, 2024 | December 3, 2024³ | December 17, 2024³ |
November 6, 2024 | January 7, 2025 | January 21, 2025 |
December 4, 2024 | February 4, 2025 | February 18, 2025 |
1 Comments will be returned to applicants approximately three weeks after submittal. Should comments require the plans to be further amended prior to City Commission hearing, the applicant will be subject to a later submittal deadline and associated City Commission hearing date(s).
2 Only required for Annexation, Future Land Use Map or Zoning Map Amendments, Vacation, or Abandonment
3 Subject to change
Important Notes
- A pre-application meeting is required prior to submittal and thus the desired submittal deadline. The meeting will address concerns regarding the type of submittal, Commission review schedule, submittal procedures, fees, application form, and type and number of plans/documents that are required to be submitted.
- Schedule subject to change. Contact the Planning and Zoning Division to verify dates.
- All review responses from the appropriate outside agencies must be received by Planning & Zoning at time of application submittal.
- The submittal will follow the schedule identified above if the deadline has been met, and the submittal is determined acceptable for processing. To keep the review process on schedule, the amended plans deadline date is strictly enforced. Only ten (10) working days are allocated to the applicant to address staff comments and submit revised drawings. If amended plans are not received within ten (10) working days, the project will be placed on the next available review schedule.
- Applications which require submittal of a traffic impact analysis, pursuant to the municipal implementation of Palm Beach County traffic performance standards ordinance require additional review time. Note: The applicant shall provide a digitally signed and sealed copy of the traffic impact analysis with the initial development application submittal package to the City and also submit the original traffic impact analysis and associated review fee directly to the Palm Beach County Traffic Engineering Division.
- New telecommunications towers are first reviewed by the Tower Siting Review Team prior to submitting an application for conditional use/site plan approval.
- The final approval of a site plan application that corresponds with a rezoning application will be scheduled concurrent with the 2nd reading of the ordinance.
- Pursuant to Part III of the Land Development Regulations (LDR), Chapter 2, Article I, Section 4, certain uses which qualify under the economic development guidelines or which are designed in a sustainable manner may be eligible for expedited review under the Expedited Development Review Program.
- Only those proposed land use map amendments / rezonings that involve a planned development zoning district require review by the DART (Development Application Review Team).
- A Development Order related to a land use map amendment/rezoning cannot be granted until after the amendment is in effect, which occurs 31 days after adoption unless challenged.
Comprehensive Plan Future Land Use Map (FLUM) Amendments (pursuant to F.S. Chapter 163.3184)
Comprehensive Plan FLUM amendments are subject to expedited state review unless they involve a use of 50 acres or fewer, in which case they qualify as “small-scale” amendments and are not state-reviewed for compliance prior to adoption.
For a non-“small-scale” Comprehensive Plan FLUM amendment, the first City Commission public hearing constitutes a transmittal hearing prior to its transmittal to the State Planning Agency (SPA) and reviewing agencies. A Comment Letter from SPA must be received by the City within 30 days of receipt of amendment. Thereafter, the adoption hearing will be scheduled. Contact the Planning and Zoning Division for further information regarding the timetable.
Site Plan will proceed to City Commission for approval concurrent with final reading of ordinances for Rezoning and Land Use amendments.
Minor Developments
REQUIRED DOCUMENTS
Below, for your convenience, is Table 2.1 and Table 2.2, which lists the documents and plans that are required, or may be required, for each type of development application or request. Please refer to Tables 2.1 & 2.2 and reference the document descriptions below when preparing the application package. Be advised that following the application submittal additional documents, information, studies, data, and or analysis pertinent to the project may be requested on a case-by-case basis in order to ensure a thorough and efficient review by staff. The applicant will be provided a reasonable amount of time to gather the requested material.
Table 2.1 |
REQUIRED DOCUMENTS OF ALL APPLICATION TYPES |
All applications/requests are required to submit the following documents:
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Table 2.2 | ||||||||||||||||||||||
APPLICATIONS/ REQUESTS | PLANS & ADDITIONAL DOCUMENTS | |||||||||||||||||||||
Survey Depicting Existing Conditions | Survey Depicting Proposed Conditions | Existing Future Land Use Map (FLUM) & Zoning Map | Proposed Future Land Use Map (FLUM) & Zoning Map | Traffic study | SCAD Approval | Site Plan | Landscape Plan(s) | Civil Drawing(s) | Floor Plans | Sign Drawings (i.e. Details and Aerial) | Architectural Elevations | Photometric Plan | Tree Survey | Tree Management Plan | Master Plan | Sound Study and Analysis | Art in Public Places Form3 | Historic Preservation Statement | Visual Impact Analysis | Business Tax Receipt | Sidewalk Café Documents | |
Lot Line Modification1 |
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Minor Master Plan Modification2 |
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Minor Landscape Plan Modification | ● |
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New Minor Site Plan |
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Minor Site Plan Modification |
| ● | ● | ● | ● | ● | ● | ● |
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Mobile Vending Unit | ● | ● |
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Sidewalk Café |
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Sign Program | ● |
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Other Minor Development Applications | Table 2.1 above lists the required documents for Administrative Adjustment, Sign Program, Minor Site Plan Time Extension. |
Required: May be Required: ●
1. Approval of a master plan modification is a prerequisite to any proposed change in property boundaries within a planned development.
2. Any request to modify a master plan may require the submittal of a concurrent request for site plan modification.
3. Download the Art in Public Places form
Major Development
REQUIRED DOCUMENTS
Below, for your convenience, is Table 2.1 and Table 2.2, which lists the documents and plans that are required, or may be required, for each type of development application or request. Please refer to Tables 2.1 & 2.2 and reference the document descriptions below when preparing the application package. Be advised that following the application submittal additional documents, information, studies, data, and or analysis pertinent to the project may be requested on a case-by-case basis in order to ensure a thorough and efficient review by staff. The applicant will be provided a reasonable amount of time to gather the requested material.
Table 1.2 |
REQUIRED DOCUMENTS OF ALL APPLICATION TYPES |
All applications/requests are required to submit the following documents:
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Table 2.2 |
APPLICATIONS/ REQUESTS | PLANS & ADDITIONAL DOCUMENTS | |||||||||||||||||
Survey | Existing Future Land Use Map (FLUM) & Zoning Map | Proposed Future Land Use Map (FLUM) & Zoning Map | Traffic study | SCAD Approval | Site Plan | Landscape Plan(s) | Civil Drawing(s) | Floor Plans | Architectural Elevations | Photometric Plan | Tree Survey | Tree Management Plan | Master Plan * | Sound Study and Analysis | Arts in Public Places Form1 | Historic Preservation Statement | Visual Impact Analysis | |
Annexation |
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Conditional Use | ● |
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Future Land Use Map Amendment/ Rezoning |
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Rezoning (conventional) |
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Rezoning & New Master Plan |
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Master Plan Modification |
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New Major Site Plan |
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Major Site Plan Modification |
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Vacation and Abandonment** |
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Time Extensions | Table 2.1 above lists the required documents for Conditional Use, Major Site Plan and Master Plan Time Extension applications. |
1. Download the Art in Public Places form
Document Descriptions & Requirements
SURVEY: Not older than six (6) months, prepared and digitally sealed by a licensed surveyor showing all adjacent rights-of-way, including alleys and driveways. The surveys shall also illustrate the following:
- Total gross project acreage and square footage;
- North arrow, scale, and legend;
- Property boundaries, legal description, and property control number(s);
- Existing natural features, including but not limited to lakes, trees and other vegetation, soils, and topography;
- Existing buildings and structures, including dimensions, height, and use;
- Existing utility lines and easements;
- Existing ground elevations (street and finished floor); and
- Permanent reference monuments and permanent control points as required by Chapter 4, Article VIII, Section 4 of the Land Development Regulations.
SITE PLAN: Prepared and digitally sealed by a professional architect, engineer, or landscape architect, which shall clearly illustrate the following:
- Total gross project acreage and square footage;
- North arrow, scale, and legend;
- Future Land Use Map Classification (FLUM) and Zoning District (from Official Zoning Map);
- Tabular summary indicating the total building area expressed in square footage, including nonresidential floor area (if applicable) and intended use of such floor area. Include proposed density and FAR vs. a maximum allowed in existing (proposed) zoning district;
- Tabular summary indicating the total number of dwelling units (if applicable), including characteristics such as number of bedrooms, bathrooms, and size of each typical unit;
- Tabular summary indicating square footage and percentage distribution of the total project site, including areas proposed for landscaped open space, vehicular use areas and other paved surfaces, building coverage, and pervious and impervious surfaces and usable open space (if required);
- Tabular summary indicating number and ratio (methodology) of required and provided off-street parking spaces and loading zones;
- Existing buildings and structures which are to remain, and any that are proposed, including their dimensions, height, setbacks, and use;
- Proposed off-street parking spaces, loading zones, and vehicular use areas (e.g., driveways), including dimensions, setbacks, traffic control markings, and signage;
- Proposed sidewalks and pedestrian areas, including dimensions and setbacks;
- Proposed fences and walls, including dimensions, setbacks, height, and material;
- Proposed location of exterior freestanding lighting fixtures; and
- Proposed dumpster or trash receptacle location(s), benches, and covered bike rack(s).
LANDSCAPE PLAN: Prepared and digitally sealed by a professional landscape architect. The landscape plan shall illustrate the same general information as that shown on the site plan, in addition to containing the following:
- Proposed vegetation (trees and shrubs), including species, height, spread and size, and any which are to remain;
- Locations of protected or specimen trees;
- Tabular summary of plant list by type (i.e., shade tree, palm tree, shrub, or ground cover) and quantities of all plant material. The plant list shall indicate the common and botanical name of each plant, including a denotation of native species and their respective percentages, drought tolerance, and indication of butterfly attracting species and percentage;
- Proposed berms, watercourses, and other topographic features;
- A notation on the method of irrigation; and
- Locations of exterior freestanding lighting fixtures, to ensure the proposed plant material will not conflict with their placement.
MASTER PLAN: Shall clearly contain and depict the following information:
- General Information
- Project Name
- Location (Address and/ or Legal Description)
- Property Owner, Applicant, Architect and/ or Engineer
- Intensity & Density
- Site area in acres and square footage
- Existing and proposed Land Use Classifications
- Existing and proposed Zoning District designations
- Maximum allowed density and FAR and proposed density and FAR
- Proposed residential (dwelling units) and non-residential (square footage) uses
- Vehicular Access
- Existing and proposed public and private streets
- Proposed access points to internal and peripheral streets
- Pedestrian and Bicycle Pathways
- Building Massing & Height
- Provide buildings location including minimum setbacks/ build-to-lines, step-backs, and minimum and maximum height allowed and proposed.
- Landscape & Open space Areas
- Proposed locations of landscape areas
- Minimum percentage and locations of usable Open Space, which are areas designated for active or passive activities and designed as: 1) public spaces for the purpose of gathering/socialization, such as plazas, public squares, gardens, outdoor dining courtyards, enhanced pedestrian areas, etc. This area may also include public art easements; and/or 2) private space for the use primarily of the residents/occupants of the property, such as park space, gardens, courtyards, enhanced pathways with seating and shade structures, etc. This space does not include areas such as private/fenced courtyards, patios, or the like, of individual unit owners. Provide minimum percentage of usable open space.
- Master Plan Phasing Plan including the following information for each phase: boundary lines, maximum and minimum densities, Floor Area Ratio, general building location, massing and height.
CIVIL ENGINEERING DRAWINGS: Prepared and digitally sealed by a professional engineer. The civil engineering drawings shall illustrate the same general information as that shown on the site plan, in addition to the following:
- Proposed drainage plan(s) indicating ground elevations, flow arrows, drainage structures. Include cross-section drawings at all property lines with existing proposed elevations, demonstrating all water run-off will be maintained on-site;
- Certification by engineer of record that drainage will conform with all rules, regulations, and codes, including but not limited to the Chapter 4, Article VIII of the Land Development Regulations;
- Traffic control markings and informational signs;
- Locations of all water and sewer mainlines, services structures and lift stations; and
- Locations of fire hydrants.
ARCHITECTURAL PLANS:
- Floor Plans: Prepared and digitally sealed by a professional architect or engineer. The floor plan shall clearly illustrate the building floor plan, including height, number of stories, interior and exterior dimensions, doorways and other openings, and use for each space proposed within the building.
- Elevations: Prepared and digitally sealed by a professional architect or engineer registered in the State of Florida. The drawings shall clearly illustrate all proposed building and structure elevations, including the exterior surface, finish, paint manufacturer’s name, and color code. Colored elevation drawings or renderings shall be submitted to the Planning and Zoning Division during staff review. In instances when all sides of a building or structure are consistent in color(s) and material(s) with each other, only the front elevation shall be required; however, the colored elevation drawings or renderings must identify the exterior finish and material, in conjunction with the color name, manufacturer, and color code. A color sample (swatch) shall be submitted to the Planning and Zoning Division to ensure that the project and color represented at the time of site plan approval is the same as during the inspection process. This submittal however, may be waived at the discretion of the Planning and Zoning Administrator or designee.
PHOTOMETRIC PLAN: Prepared and digitally sealed by a professional engineer. The photometric plans shall illustrate the same general information as that shown on the site plan, in addition to the following:
- Detail of each type of exterior freestanding lighting fixtures, including material, color(s), height, and sizes;
- Illumination levels (in foot-candles), including a summary table indicating the average, minimum, and maximum foot-candle levels;
- Certification of compliance with the latest edition of the Florida Building Code and the capacity to withstand 140 MPH wind load; and
- Proposed conduit routing.
- Utilization of Warm White LED Lighting.
TRAFFIC IMPACT ANALYSIS: Two (2) Traffic Impact Analysis (statement or study), prepared and digitally sealed by a professional traffic engineer. The analysis must demonstrate compliance with the Traffic Performance Standards (TPS) of Palm Beach County, and address anticipated impacts to local, county, and state roads. The applicant shall submit a copy directly to Palm Beach County Traffic Engineering and request a Concurrency Approval Letter.
TREE SURVEY: Prepared and digitally sealed by a licensed surveyor. The tree survey shall include all tree species, approximate number of species in a group, and the age, condition, function, position, and landscape value of each tree. Good individual specimens, rare species, and trees of historic interest shall also be noted.
TREE MANAGEMENT PLAN: Prepared and digitally sealed by a professional landscape architect. A detailed tree management plan shall only be required for those permit applications associated with the removal of plant material as regulated under Chapter 4, Article I (Environmental Protection Standards). The tree management plan shall illustrate the same general information as that shown on the site plan. The plan shall illustrate the trees that are to remain in place, as well as those which are to be relocated elsewhere on-site, including a notation regarding the reason for relocation. The plans shall also indicate the trees that are proposed to be removed and the reason for such removal.
VISUAL IMPACT ANALYSIS (VIA): Prepared and digitally sealed by a professional architect, engineer, or landscape architect in instances when a development is proposed and abutting an arterial or collector roadway, or to a property zoned for residential purposes. The Planning and Zoning Administrator may waive the VIA requirement when deemed unnecessary. The VIA shall include the following:
- Line-of-Site Analysis, which may be accomplished by submitting a two (2)-dimensional cross-section of the site illustrating the proposed building elevations in relation to the aforementioned abutting rights-of-way or adjacent properties zoned for residential purposes; and
- Landscape Elevation Plan, which illustrates the landscape material that is proposed against the building or structure elevation, or off-street parking areas abutting to all public rights-of-way, at both the time of planting and at maturity.
NATIVE FLORIDA ECOSYSTEM SURVEY OR INVENTORY: All applications for site plan approval where proposed alterations of environmentally sensitive lands occur shall include two (2) copies of a Native Florida Ecosystem Survey or inventory. The evaluation of any proposed alteration of lands which are found to be environmentally sensitive shall be prepared by a professional biologist and contain the following information:
- Site location map with the specific property clearly indicated;
- Aerial photograph with the specific property clearly indicated (scale: one {1} inch equals 600} feet or less);
- Detailed map of existing terrestrial and aquatic vegetation, including exotic species within the jurisdictional limits of wetland jurisdiction of the U.S. Army Corps of Engineers and the Florida Department of Environmental Regulation;
- Soil types and conditions;
- List of endangered, threatened and rare species and species of special concern found on the site;
- Areas or sites where colonies of birds are nesting or roosting or where migratory species are known to concentrate;
- Archaeologically and / or historically significant features as identified or recognized by State or Federal regulations;
- Geologically significant features;
- Areas of previous disturbance or degradation, including present and past human uses of site;
- Surrounding land uses;
- Conceptual footprint of site development, including buildings, roadways, parking areas, utilities, water features, flood control structures, stormwater systems, wellfield locations, landscaped areas, buffer areas, preserve areas, and other open space areas, as an overlay to vegetation mapping;
- Status of development approvals, including permit applications; and
- Project Operation;
- Description of proposed operations to be performed on the site including use, storage, handling or production of substances known to be harmful to humans, plants and/or animals;
- Identification of any pollutants expected to be emitted during project operation;
- Identification of timing and source of noise and / or vibration impacts on resident and adjacent human and animal life; and
- Project Alternatives;
- Discussion of project alternatives should be provided, including options considered and rejected and the rationale for rejection of each option considered; and
- Mitigation considerations should be discussed in detail as they relate to possible loss of habitat or impact on endangered, threatened or rare animal and plant species, or species of special concern.
- Project Alternatives;
- Discussion of project alternatives should be provided, including options considered and rejected and the rationale for rejection of each option considered; and
- Mitigation considerations should be discussed in detail as they relate to possible loss of habitat or impact on endangered, threatened or rare animal and plant species, or species of special concern.
HISTORIC PRESERVATON: In instances where proposed construction, alteration, modification, or demolition is proposed to an individually designated historic building or structure or that which possesses historical significance, all applications for site plan approval shall include a statement and justification indicating that preservation significantly interferes with reasonable use of property. In the case of demolition, the applicant shall provide a Building Condition Analysis of the structure(s) to be demolished prepared by a licensed contractor and certified by a registered architect.
REVIEW CRITERIA FOR FUTURE LAND USE MAP AMENDMENT AND REZONING
REZONING REVIEW CRITERIA: Except for city-initiated rezonings, which shall at a minimum meet criterion (2) for “consistency” approval of an amendment to the official zoning map processed with or without the FLUM amendment shall be reviewed based on one (1) or more of the following factors:
- Demonstration of Need: A demonstration of need for the proposed zoning district and the land use classification. Appropriate data must be provided within the application.
- Consistency: Whether the proposed FLUM amendment and rezoning would be consistent with the purpose and intent of, and promote, the applicable Comprehensive Plan policies, Redevelopment Plans, and Land Development Regulations. Approvals of a request to rezone to a planned zoning district may include limitations or requirements imposed on the master plan in order to maintain such consistency.
- Land Use Pattern: Whether the proposed rezoning/FLUM amendment would be contrary to the established land use pattern, or would create an isolated zoning district or land use classification unrelated to adjacent and nearby classifications, or would constitute a grant of special privilege to an individual property owner as contrasted with the protection of the public welfare. This factor is not intended to exclude rezonings and FLUM amendments that would result in more desirable and sustainable growth for the community.
- Sustainability: Whether the proposed rezoning/FLUM amendment would support the integration of a mix of land uses consistent with smart growth or sustainability initiatives, with an emphasis on 1) complementary land uses; 2) access to alternative modes of transportation; and 3) interconnectivity within the project and between adjacent properties.
- Availability of Public Services/ Infrastructure: Requests for rezoning to planned zoning districts and FLUM amendments shall be subject to review pursuant to Chapter 1, Article VI Concurrency.
- Compatibility: The application shall consider the following compatibility factors:
- Whether the proposed rezoning and FLUM amendment, if submitted concurrently, would be compatible with the current and future use of adjacent and nearby properties, or would negatively affect the property values of adjacent and nearby properties.
- Whether the proposed rezoning and FLUM amendment, if submitted concurrently, is of a scale which is reasonably related to the needs of the neighborhood and the city as a whole.
- Direct Economic Development Benefits for Rezoning/ FLUM amendments Involving Rezoning to a Planned Zoning District: The review shall consider the economic benefits of the proposed amendment, specifically, whether the proposal would:
- Further implementation of the Economic Development (ED) Program;
- Contribute to the enhancement and diversification of the city's tax base;
- Respond to the current market demand or community needs or provide services or retail choices not locally available;
- Create new employment opportunities for the residents, with pay at or above the county average hourly wage;
- Represent innovative methods/technologies, especially those promoting sustainability;
- Be complementary to existing uses, thus fostering synergy effects; and
- Alleviate blight/economic obsolescence of the subject area.
- Direct Economic Benefits for Rezoning/ FLUM Amendments Involving Conventional Zoning District: For rezoning/FLUM amendments involving rezoning to a conventional zoning district, the review shall consider whether the proposal would further Economic Development Program, but also determine whether the proposal would:
- Represent a potential decrease in the possible intensity of development, given the uses permitted in the proposed land use category and/or zoning district; and
- Represent a potential decrease in the number of uses with high probable economic development benefits.
- Commercial and Industrial Land Supply: The review shall consider whether the proposed rezoning/FLUM amendment would reduce the amount of land available for commercial/industrial development. If such determination is made, the approval can be recommended under the following conditions:
- The size, shape, and/or location of the property makes it unsuitable for commercial/industrial development; or
- The proposed rezoning/FLUM amendment provides substantiated evidence of satisfying at least four (4) of the Direct Economic Development Benefits listed in subparagraph "7" above; and
- The proposed rezoning/FLUM amendment would result in comparable or higher employment numbers, building size and valuation than the potential of existing land use designation and/or zoning.
- Alternative Sites: Whether there are sites available elsewhere in the city in zoning districts which already allow the desired use.
- MASTER PLAN AND SITE PLAN COMPLIANCE WITH LAND DEVELOPMENT REGULATIONS: When master plan and site plan review are required pursuant to Section 2.D.1.e. above, both shall comply with the requirements of the respective zoning district regulations of Chapter 3, Article III and the site development standards of Chapter 4.
MASTER PLAN REVIEW CRITERIA: The master plan shall comply with the requirements of the respective zoning district regulations of Chapter 3, Article iii and site development standards described in Chapter 4. in addition, the site plan shall be consistent with the master plan.
REVIEW CRITERIA FOR CONDITIONAL USES
In evaluation an application for conditional use, the Planning and Development Board and City Commission shall consider the effect of the proposed use on the general health, safety, and welfare of the community and make written findings certifying that satisfactory provisions have been made concerning all of the following standards, where applicable:
- Ingress and egress to the subject property and proposed structures thereon, with particular reference to automobile and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe;
- Off-street parking and loading areas where required, with particular attention to the items in subsection C.1. above, and the economic, glare, noise, and odor effects the conditional use will have on adjacent and nearby properties, and the city as a whole;
- Refuse and service areas, with particular reference to the items in subsection C.1. and C.2. above;
- Utilities, with reference to locations, availability, and compatibility;
- Screening, buffering and landscaping with reference to type, dimensions, and character;
- Signs, and proposed exterior lighting, with reference to glare, traffic safety, economic effect, and compatibility and harmony with adjacent and nearby properties;
- Required setbacks and other open spaces;
- General compatibility with adjacent properties, and other property in the zoning district;
- Height of buildings and structures, with reference to compatibility and harmony to adjacent and nearby properties, and the city as a whole;
- Economic effects on adjacent and nearby properties, and the city as a whole;
- Where applicable, the proposed use furthers the purpose and intent of a corresponding mixed use zoning district or redevelopment plan; and
- Compliance with and abatement of nuisances and hazards in accordance with the operational performance standards as indicated in Chapter 3, Article IV, Section 1 and the Noise Control Ordinance, and City Code of Ordinances Part II, Chapter 15, Section 15-8.
- A sound impact analysis shall be required for new or expanding bar, nightclub or similar uses when involving property within 300 feet of a residential district. The analysis shall include mitigating solutions that would reduce or eliminate any potential for off-site nuisance conditions. Depending on the size of the proposed use, the distances to and level of compatibility with adjacent land uses, the sound analysis may be required to include information, diagrams and sketches indicating the types and locations of proposed sound emitting equipment, speaker orientations, maximum output, building or site design intended to mitigate sound impacts, and any operational standards including an affidavit documenting maximum sound limits to be maintained based on the findings of the analysis.
A live entertainment permit shall be required for a bar/nightclub use pursuant to the requirements of Chapter 3, Article IV, Section l.a, and Part II (Code of Ordinances). Chapter 13, Article IV, Section 13-80.
CONCURRENCY REQUIREMENTS: Please be advised that all applications contained herein are subject to the city’s Concurrency Management Ordinance and cannot be approved unless public facilities (potable water, sanitary sewer, drainage, solid waste, park, and road facilities) would be available to serve the project, consistent with the levels of service adopted in the city’s Comprehensive Plan.
The public noticing requirements contained herein shall be applicable to all FLUM/ Rezonings, new site plans and major site plan modification applications. Pursuant to City of Boynton Beach Ordinance 04-007 and 05-004, no quasi-judicial proceeding shall proceed until proof of notice of the proceeding, in affidavit form, has been filed with the Office of the City Clerk and copied to Planning & Zoning. Proof of notice must include the name and address of each property owner to whom notice was mailed and a photograph of each sign posted, as hereinafter required. The following notices must be paid for and provided by the applicant:
- Mailing: The applicant shall mail (by first class mail) a notice of public hearing to the Planning and Zoning Division, and to all individuals and associations owning or having control over land located within 400 feet of the boundary line of the subject property for which the quasi-judicial hearing is required. All notices shall be mailed and postmarked no less than 10 calendar days before the public hearing.
Palm Beach County
Property Appraiser Office
Attention: Mapping Division
Downtown Service Center | |
Address: | 301 North Olive Avenue, West Palm Beach, FL 33401 |
Phone: | (561) 355-2866 |
Fax: | (561) 355-3881 |
South County Office | |
Address: | 14925 Cumberland Drive, Delray Beach, FL 33401 |
Phone: | (561) 276-1250 |
- Signage: One (1) sign for each street frontage of the property shall be posted no less than 10 calendar days prior to the hearing. More than one (1) sign may be needed depending upon size of property and number of entry drives. The sign shall be legible from a distance of 100 feet and shall contain a description of the approval being sought, the date, time and location of the hearing, and a statement that the application being considered is available for inspection in the Development Department of the City of Boynton Beach.
POSTPONEMENT: When a quasi-judicial hearing is tabled or continued at the request of an applicant, re-notice of the hearing shall be provided by the applicant in the same manner as original notice.
CITY TECHNICAL SUPPORT AT PUBLIC MEETINGS:
- Applicants who wish to utilize City electronic media equipment for presentations at City Commission public hearings must notify the Planning and Zoning Department representative at least one (1) week prior to the scheduled meeting;
- The notification is to include the scope of support to be provided, including the corresponding agenda item, type of media, materials and equipment needed, along with contact information for the applicant;
- The department representative will notify the I.T.S. Department at least two (2) working days prior to the Commission Meeting to schedule technical support;
- A copy of the items to be presented must be delivered to The I.T.S. Department no later than 5:00 p.m. on the working day preceding the Commission Meeting. At the conclusion of the meeting, these items will be returned to the department representative who originated the request;
- In the event that media or materials are defective, I.T.S Department will notify department representative by noon of the day of the meeting.
- At least thirty minutes prior to the Commission Meeting, non-city individual will meet with I.T.S. Department representative to finalize procedures.
Resolution No. R22-002 Effective Date January 1, 2022
ACTIVITY | Fee | |||
MAJOR DEVELOPMENT | ||||
Abandonment (easement or right-of-way) | $1,500 | |||
Annexation | $1,500 | |||
Administrative Appeal | $750 | |||
Comprehensive Plan Amendment (Map) | ||||
Up to 50 acres (small scale) | $3,000 | |||
All others | $5,000 | |||
Community Design Plan Appeal | $750 | |||
Conditional Use | $2,000 | |||
Development of Regional Impact (DRI) Review 1 | ||||
Notice of Proposed Change (NOPC) | $3,000 | |||
New DRI or substantial deviation | $5,000 | |||
Review of Annual Report | $500 | |||
Height Exception | $750 | |||
Master Plan (New) & Major Master Plan Modification | ||||
Less than 10 acres | $2,500 | |||
10 acres or more | $3,000 | |||
New Major Site Plan, Major Site Plan Modifications, & Tech. Site Plan (total project sq. ft.) | ||||
up to 49,999 sq. ft. | $2,000 | |||
50,000 - 149,999 sq. ft. | $3,000 | |||
150,000 - 499,999 sq. ft. | $3,500 | |||
500,000 + sq. ft. | $4,000 | |||
PID District Code Waivers | $500 | |||
Modification to Development Order | $1,000 | |||
Rezoning | ||||
Up to 10 acres | $2,000 | |||
10 acres or more | $3,000 | |||
Variance | $1,500 | |||
MINOR DEVELOPMENT | ||||
Administrative Adjustment | $500 | |||
Landscape Modifications | $300 | |||
Lot Line Modification | $500 | |||
Sign Program | $500 | |||
Sign Program Amendment | $150 | |||
Minor Master Plan Modification | $1,000 | |||
Minor Site Plan Modification | ||||
Arch./Elevation changes only (i.e. only requiring review by P&Z Division) | $500 | |||
Multiple modifications and/or requires multi-department review | $1,000 | |||
Repainting | $75 | |||
New Minor Site Plan | $1,500 | |||
OTHER APPLICATIONS, REQUESTS, & FEES | ||||
Alcohol License Sign-off | ||||
New | $100 | |||
Renewal / Special Event | $50 | |||
BTR Zoning Review | $50 | |||
Certificate of Conformity | $400 | |||
Conceptual Development Meeting5 | $100 | |||
Historic Preservation | ||||
Historic Designation - Individual | $100 | |||
Historic Designation - District (per property up to a max. of $500) | $10 | |||
Certificate of Appropriateness (COA) - staff only | $30 | |||
Certificate of Appropriateness (COA) - Board review - Minor | $50 | |||
Certificate of Appropriateness (COA) - New Const. / Major Mod. / In or out of District | $150 | |||
Certificate of Appropriateness (COA) - Relocation into or out of a district | $150 | |||
Certificate of Appropriateness (COA) - Primary structure | $500 | |||
Certificate of Appropriateness (COA) - Accessory structure | $250 | |||
Property Tax Exemption | $250 | |||
Evaluation for Historic Significance / Eligibility for Designation | $50 | |||
Appeal of staff or Board decision | $100 | |||
Legal review of documents (e.g. condo documents, cross-access agreements; parking agreements) | $500 | |||
Mobile Vending Unit | ||||
Application review | $250 | |||
Permit fee | $50 | |||
P&Z Permit Reviews (based on review time) | ||||
up to .5 hr | $50 | |||
.5 - 1 hr | $100 | |||
1 - 2 hr | $150 | |||
Postponement | ||||
Without re-advertisement and re-notification to property owners | $25 | |||
With re-advertisement (in addition to legal ad/notification costs) | $250 | |||
Pre-Application Meeting4 | $150 | |||
Resubmittal of Applicantions (after 2 notices of incompleteness) | 50% of Original fee | |||
Sidewalk Café application review | $150 | |||
Site Plan Time Extension (including extensions pursuant to state statutes) | $750 | |||
Special Project Verifications for Grants, Development Incentives, Housing Credits & Similar Applications | $45 | |||
Telecommunications | ||||
Co-locations | $200 | |||
Tower Siting / Tower Replacements | $750 | |||
New Lease / Lease Revisions | $1,500 | |||
Unity of Title | ||||
New Unity of Title | $250 | |||
Release of Unity of Title (plus legal review fee) | $250 | |||
Waivers, Administrative | $200 | |||
Zoning Permit 2 | $50 | |||
Zoning Permit Inspection if required (per inspection) | $35 | |||
Zoning Verification Letter 3 | ||||
One question per vacant property or per developed project | $50 | |||
One to four questions per vacant property or per developed project | $100 | |||
each additional questions above the first four | $25 | |||
Code interpretations or determinations | $200 | |||
NOTES: | ||||
Fees are not refundable after staff review has begun unless noted otherwise herein. | ||||
Reviews will be discontinued if a check is returned; to re-apply an applicant must pay the application fee plus the fee for returned checks as established by the City. | ||||
Applicants applying for activities requiring noticing in the local newspaper (PB Post) shall also remit the current advertising fee to cover said costs. | ||||
Fees cover two reviews. Additional reviews will be billed to the applicant based on the hourly rate of salary of $75. | ||||
Footnotes: | ||||
1 A $1500 deposit for an NOPC application, and $5,000 for a new DRI or Substantial Deviation, are required at time of filing period, Cost of advertising, and staff time will be billed to applicant based on hourly salaries plus 35% for fringe benefits. Costs for current legal ad/public notice will also be paid at time of filing. | ||||
2 Zoning permits are issued for improvements/elements not requiring a building permit such as fences for single family homes, banner signs, sign copy changes, eligible sheds and tiki huts, and pavers, patios and sidewalks (excluding sidewalks within rights-of-way). | ||||
3 The higher fee is associated with research required for preparing the letter, beyond zoning and use information. | ||||
4 Pre-Application Meetings are meetings required proir to application submital. A preliminary site plan & landscape plan are required at scheduling. One Pre-Application Meeting fee can be credited to the total application submital fee. | ||||
5Conceptual Development Meetings are applicant requested meetings with planning staff to discuss any inquiry or potential development. This excludes phone and email inquiries. No fee will be charged for the first meeting. |