28-84 ORDINANCE NO. 28-84
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY
BEACH, FLORIDA, AMENDING CHAPTER 30, "ZONING", OF THE
CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH,
FLORIDA, BY AMENDING SECTION 30-2~, "REZONING
REQUESTS", SUBSECTION (B), "PROCEDURES", TO ENACT A
NEW SUB-SUBSECTION (d) REQUIRING IN ADDITION TO THE
OTHER REQUIRED NOTICES, THE POSTING OF A NOTICE OF
PROPOSED REZONING ON THE PROPERTY PROPOSED TO BE
REZONED AT LEAST TEN (10) DAYS IN ADVANCE OF THE
PUBLIC HEARING BEFORE THE PLANNING AND ZONING BOARD;
PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE
DATE.
WHEREAS, the City Council of the City of Delray Beach, Florida,
deems it to be in the best interests of the residents and citizens of the
City of Delray Beach, Florida, to require, in addition to the other notice
requirements set forth in the Code of Ordinances, that the property
proposed to be rezoned be posted with a notice of proposed rezoning prior
to the commencement of the public hearing process by the Planning and
Zoning Board.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section l. That Section 30-23(B), "Rezoning Requests", of the
Code of Ordinances of the City of Delray Beach, Florida, be amended by
enacting a new sub-subsection (d) to read as follows:
(d) In addition to the above and foregoing requirements, in all
proposed rezoning proceedings, the applicant shall post a
notice of proposed rezoning, in a form prescribed by the
City, on the property proposed to be rezoned at least ten
(lC) days in advance of the public hearing before the
Planning and Zoning Board. The notice shall remain posted
on the property until after the public hearing has been
held. Notices and posts are available from the City
Planning Department for a Twenty-Five Dollar ($25.00)
deposit. If the applicant wishes to use a sign other than
the ones available from the Planning Department, the sign
must be approved by the Planning Department before posting.
Sufficient proof of proper and timely posting of such a
notice of proposed rezoning shall be submitted to the
Planning and Zoning Board prior to the conducting of the
public hearing on the proposed rezoning and shall be a
condition precedent to the further processing of the
rezoning application by the City. Proof of posting shall
be by photograph and affidavit. The form of the affidavit
is available from the Planning Department.
Section Z. That should any section or provision of this
ordinance or any portion thereof, any paragraph, sentence, or word be
declared by a court of competent jurisdiction to be invalid, such decision
shall not affect the validity of the remainder hereof as a whole or part
thereof other than the part declared to be invalid.
Section 3. That this ordinance shall become effective ten (lC)
days after its passage on second and final reading, and the requirements
set forth in this Ordinance shall apply to all rezoning applications which
are initially received by the City on or after the effective date of this
Ordinance.
PASSED AND ADOPTED in regular session on second and final
reading on this the 24th day of Apr~~
ATTEST:
City Clerk
First Reading Apr~ 10. 19~4
Second Reading ~pril ~4~ 1984