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13-77 ORDINANCE NO. 13-77 AN ORDINANCE OF THE CITY COUNCIL OF T~E CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 23A "SUBDIVISIONS" OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH BY REPEALING SECTION 23A-9 (6) AND INSERTING IN LIEU THEREOF A NEW SECTION 23A-9 (6) RELATIVE TO WAIVING THE SIDEWALK REQUIREMENT ON ONE OR BOTH SIDES OF STREETS; PROVIDING A SAVING CLAUS?]; 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 That Section 23A-9 (6) is hereby repealed and a new Section 23A-9 (6) is he~"~by insert~d to read as follows: (6) Sidewalks Sidewalks are required on both sides of all streets within a subdivision. A strip of grass or land- scaped area at least two (2) feet in width shall separate all sidewalks from the adjacent pavement. Width of sidewalks will be as follows: Single family developments Five (5) feet Multiple family developmen~ Six (6) feet Non-residential developments Industrial S~x (6) feet Commercial Ten (10) feet The Planning and Zoning Board may recommend to City Council waiving the sidewalk requirements on one or both sides of streets when the proposed development is of a unique design or type that sidewalks would not be necessary for safe pedestrian travel. The final decision as to whether sidewalks are to be waived or not shall be made by the City Council. The City Council may waive the sidewalk requirement even if no recommendation to do so is made by the Planning and Zoning Board. Section '2. 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 days after passage on second and final reading. PASSED AND ADOPTED in regular session on this the 28th day of March , 1977. ASS~]'~ City Clerk First Reading March !4~ ..!977 Second Reading March 28, 1977