12-81 ORDINANCE NO. 12-81
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY
BEACH, FLORIDA, AMENDING CHAPTER 23, "STREETS AND SIDE-
WALKS", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY
BEACH, FLORIDA, BY AMENDING SECTION 23-17, "MINIMUM
RIGHT-OF-WAY WIDTH; ACCESS EASEMENTS; TITLE TO STREET",
BY ADDING NEW SUBSECTIONS (e) AND (f) A~D RELETTERING
OLD SUBSECTIONS (e) AND (f) TO CONFORM.THEReWITH, TO
PROVIDE FOR AUTHORITY FOR THE CITY COUNCIL, UPON THE
RECOMMENDATION OF THE CITY ENGINEER, TO REDUCE MINIMUM
RIGHT-OF-WAY REQUIREMENTS IN CERTAIN INSTANCES, AND TO
PROVIDE FOR APPEALS TO THE CITY COUNCIL OF THE CITY OF
DELRAY BEACH FROM ADVERSE RECOM~.~NDATIONS OF THE CITY
ENGINEER; AND BY AMENDING SECTION 23-18 "MINIMUM PAVING
WIDTHS", BY ADDING NEW SUBSECTIONS (c) AND (d) TO
PROVIDE AUTHORITY FOR THE CITY COUNCIL, UPON THE RECOM-
MENDATION OF THE CITY ENGINEER TO REDUCE MINIMUM
REQUIRED PAVING WIDTHS IN CERTAIN INSTANCES, AND TO
PROVIDE FOR APPEALS TO THE CITY COUNCIL OF THE CITY OF
DELRAY BEACH FROM ADVERSE RECOMMENDATIONS OF THE CITY
ENGINEER; PROVIDING A SAVING CLAUSE; PROVIDING AN
EFFECTIVE DATE.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Section 23-17, "Minimum right-of-way width;
access -easements; title to street", of the Code of Ordinances of the
City of Delray Beach, Florida, is hereby amended by adding new subsec-
tions (e) and (f), and relettering old subsections (e) and (f) to con-
form therewith, to read as follows:
(e) Upon the recommendation of the City Engineer, the
City Council may authorize a reduction in the mini-
mum right-of-way requirements as set forth in sub-
section (c), above, if it is determined that the
requirements of subsection (c), above, would not be
feasible' or would constitute hardship in a parti-
cular instance and provided reduction would not
endanger public safety and welfare.
(f) Should the City Engineer recommend against any
request for reduction in the minimum right-of-way
requirements pursuant to subsection (e), above, or
require additional right-of-way width pursuant to
subsection (d), above, the applicant shall have the
right to appeal such decision of the City Engineer
to the City Council, by filing a written request
with the City Manager within ten (10) days after
such decision of the City Engineer. The City Coun-
cil shall conduct a hearing on such appeal at a
regular or special Council meeting and shall render
a decision within a reasonable time after such
hearing.
Section 2. That Section 23-18 "Minimum paving widths", of the
Code of Ordinances of the City of Delray Beach, Florida, is hereby
amended by adding new subsections (c) and (d) to read as follows:
(c) Upon the recommendation of the City Engineer, the
City Council may authorize a reduction in the mini-
mum required width of paving as set forth in sub-
section (a), above, if it is determined that the
requirements of subsection (a), above, would not be
feasible or would constitute a hardship in a parti-
cular instance and provided such reduction would not
endanger public safety and welfare.
(d) Should the City Engineer recommend against any
request for reduction in the minimum width of paving
requirements pursuant to subsection (c), above, or
require additional paving width pursuant to subsec-
tion (b), above, the applicant shall have the right
to appeal such decision of the City Engineer to the
City Council by filing a written request with the
City Manager within ten (10) days after such deci-
sion of the City Engineer. The City Council shall
conduct a hearing on such appeal at a regular or
special Council meeting and shall render a decision
within a reasonable time after such hearing.
Section 3. That should any section or provision of this ordi-
nance or any portion thereof, any paragraph, sentence, or word be
declared by a Court of competent jurisdiction to be invalid, such deci-
sion shall not affect the validity of the remainder hereof as a whole or
part thereof other than the part declared to be invalid.
Section 4. That this ordinance shall become effective ten days
after passage on second and final reading.
PASSED AND ADOPTED in regular session on second and final
reading on this the 24th day of March , 1981.
A Y
ATTEST:
- ~ City Clerk
First Reading March 10, 1981
Second Reading. March 24, 1981
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