56-77 ORDINANCE NO. 56-77
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF DELRAY BEACH AMENDING CHAPTER 29 "ZONING"
OF THE CODE OF ORDINANCES OF THE CITY OF
DELRA¥ BEACH BY REPEALING SECTION 29-23(B) (2)
AND SUBSTITUTING IN ITS PLACE A NEW SUBSECTION
(2) PROVIDING FOR THE NOTIFICATION, PUBLICATION
AND PUBLIC HEARING REQUIREMENTS APPLICABLE TO
REZONING REQUESTS REVIEWABLE BY THE DELRAY
BEACH PLANNING AND ZONING BOARD; PROVIDING A
SAVING CLAUSE AND 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 That Section ~9-23(B) (2) is hereby repealed and a new
Section 29-23(B) (2) is enacted to read as follows:
(2) The Planning Director shall refer the application or
request to the Planning and Zoning Board for a hearing
in accordance with the following:
(a) If a proposed rezoning or rezonings involve
less than five percent (5%) of the total
land area of the City, then:
1. The owners of all property located five-
hundred (500) feet surrounding the subject
parcel shall be notified.
2~. The ownership of the surrounding properties,
as submitted by the applicant, shall be re-
viewed by the City Clerk, who shall notify
the owners by regular mail of the date and
purpose of the public hearing. Mailing shall
be at least ten (10) days in advance of the
public hearing so that owners may be repre-
sented in person or by°proxy. For notifica-
tion purposes, the owners of Property shall
be those recorded on the latest official
County tax rolls.
3. Notice of the public hearing shall also be
advertised in a newspaper published in this
City at least ten (10) days in advance of
the hearing.
(b) If a proposed rezoning or rezonings involve five
percent (5%) or more of the total land area of
the City, then:
1. The requirements of Florida Statute 166.041(2)
shall apply to the hearing held at the Plan-
ning and Zoning Board level except that:
a. Only one hearing shall be required.
b. The one hearing shall be held in
accordance with the first hearing
requirements under Florida Statute
166.041(2).
c. No legislative preference for news-
papers published five days per week
is applicable pertaining to the pub-
lication of the required advertise-
ment.
(c) In all proposed rezoning proceedings that are initiated
by someone other than the property owner, or his
representative, the City will mail a notice to
the property owner whose property is the subject
of the rezoning proceeding. The mailing shall be
to the owner of the property as such appears on
the latest official County tax rolls by regular
mail. The mailing shall be at least 10 days in
advance of the public hearing.
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 second and final reading
on this the 22nd day of Auqust , 1977.
ATTEST:
~sst. City Clerk
First Reading August 8, 1977
Second Reading. August 22, 1977
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