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28-75 ORDINANCE NO. 28-75. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 29 "ZONING" OF THE CODE OF ORDINANCES BY REPEALING SECTION 29-7.6 "APPLICATIONS FOR REZONING" AND ENACTING A NEW SECTION 29-7.6 "REZONING REQUEST" OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH; ESTABLISttING PROCEDURES FOR REZONING REQUESTS; SETTING FEES AND LIMITATIONS ON REZONING OF PROPERTY; OUTLINING STANDARDS FOR EVALUATING REZONING REQUESTS; SPECIFYING CONTENTS OF REZONING APPLICATIONS; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH, WHEREAS, the Planning and Zoning Board of the City of Delray Beach "A~ ~ ' h~ made .... ~-~~o concerning ~b=~9~ ~n Se~e~on 29-7 6 ~p±lcations for Rezoning" of Chapter 29 "Zoning" of the Code of Ordinances; and, WHEREAs, the City Council of the City of Delray Beach, Florida, concurs in said recommendations; and, WHEREAS, the City Administration is in agreement with the recommenda- tions proposed, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That Section 29-7.6 "Applications for Rezoning" of Chapter 29 "Zoning" of the Code of Ordinances of the City of Delray Beach, as amended, is hereby repealed. Section 2. That the following Section 29-7.6 "Rezoning Request" shall replace Section 29-7.6 "Applications for Rezoning" of Chapter 29 "Zoning" of the Code of Ordinances of the City of Delray Beach repealed in Section 1 above. Sec. 29-7.6 REZONING REQUEST (A) SCOPE Any person, firm, or corporation owning property within the City of Delray Beach, the City Council, or the Planning and Zoning Board, desiring to effect a change in the zoning classification of property, shall be governed by the provisions of this section except that neither the City.Council nor the Planning and Zoning Board shall be required to submit a formal application or pay the fee set forth in paragraph (B) (1). (B) PROCEDURES (1) The owner shall submit an application to the Planning Director on forms prescribed by the Director. Designation of a person other than the owner to sign the application shall be in writing and attached to the application. Each · application shall be accompanied by a fee .of three hundred (300) dollars, payable to the City of Delray Beach. (2) The Planning Director shall then refer the application to the Planning and Zoning Board for a public hearing in accordance with the following: (a) The owners of property located five hundred (500) feet surrounding the subject parcel shall be notified. (b) The ownership of the surrounding properties as sub- mitted by the applicant shall be reviewed 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 ~o that owners may be represent- ed in person or by proxy. For notification purposes, the owners of property shall be those recorded on the latest official County tax rolls. (c) 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. (3) After holding a public kearing and_.hav~_..g studied and considered the proposed change in relation to the standards of subsection D, the Planning and Zoning Board shall, with- in sixty (60) days,~ recommend approval or denial of the rezoning request. The Planning and Zoning Board's recom- mendation shall be forwarded to the City Council. (4) Upon receipt of any recommendation, the City Council .at a regular meeting, shall review the application, and having studied and considered the proposed change in relation to the standards of subsection D, shall approve or deny the rezoning request. If within sixty (60) days, the City Council has not acted upon the report of the Planning and Zoning Board, then the application shall be deemed to have been denied. (C) LIMITATIONS ON THE REZONING OF PROPERTY. (1)' Whenever the City Council has denied an application'for the rezoning of property, the City Council shall not thereafter:- (a) Consider any further application for the same rezoning of any part or all of the same property for a period of twelve (12) months from the date of such action. (b) Consider an application for any other kind of rezoning on any part or all of the same property for a'period of six (6) months from the date of such action. (2) The time limits of subsection (C) (1) may be waived by three (3) affirmative votes of the City Council when such action is found and deemed necessary to prevent injustice or to facilitate the proper development of the City. (D) .STANDARDS FOR EVALUATING REZONING REQUESTS In considering an application for rezoning, the Planning and Zoning Board and the City Council shall make written findings · indicating that the proposed change has been studied and con- sidered in relation to the following standards, where applicable (1) Will the cha.~ge be contrary to the proposed land use plan, and have an adverse effect on the plan? (2) Will the change be contrary to the existing land use pattern? (3) Will the change create an isolated district unrelated to adjacent and'nearby districts, i.e., is this spot zoning? (4) Will the change alter the population density pattern, thereby increasing, the load on public facilities such as schools, utilities, streets, etc.? -2- Ord. No. 28-75. (5) Are the present district boundaries illogically drawn in relation to the existing condition on the ~property pro- posed for change?~ (6) Have changed or changing conditions made this proposed rezoning necessary? (7) Will the change adversely influence living conditions in the neighborhood? (8) Will the change create or excessively increase traffic congestion or otherwise affect public .safety? (9) Will the change create a drainage problem? (10) Will the change seriously reduce light and air to adjacent areas? (11) Will the change adversely affect property values in the adjacent area? (12) Has sufficient evidence been presented to justify the need for the change? (13) Will the change be a deterrent to the improvement or development of adjacent property in accord with existing regulations? (14) Will the change constitute a grant of special privilege to an individual owner as contrasted with the public wei£are? (15) Are there substantial reasons why the p~operty cannot be used in accord with existing zoning? (16) Is the change out of scale with the needs of the neigh- borhood or the City? (17) Is it impossible to find other adequate sites in the City for the proposed use in districts already permitting such use? CONTENTS OF THE REZONING APPLICATION Applications for rezoning shall contain the ~ollowing items: (1) General application form. (2) Statement of the applicant's interest in the property to be rezoned, including a copy of the last recorded Warranty Deed, and a certificate'from an attorney-at-law or a title insurance company certifying who are the current fee simple title holders of record of the subject property, and the nature and extent of their interest therein, and (a) If joint and several ownership, a written consent to the .rezoning proposal by.all owners of record, or If a contract purchase, a copy u£ the purchase contract and written consent to the seller/owner, or If an authorized agent, a copy of ~he agency agree- ment or written consent of the principal/owner, or (d) If a lessee, a copy of the lease agreement and writ- ten consent of the owner, or (e) If a corporation or other business entity, the name of the officer or person responsible for the petition and written proof that said representative has the -3- Ord. No. 28-75. delegated authority to represent the corporation or other business entity, or in lieu thereof, written proof that he is in fact an officer of the corpora- tion. (3) Legal survey prepared by a surveyor registered in the Stat~ of Florida showing an accurate legal description of the subject property, and the total acreage computed to the nearest one-tenth (1/10) of an acre. (4) Vicinity map showing the location of the subject property in relation to the surrounding street system. (5) Drawing showing the location of all property lying five hundred (50Q) feet surrounding the subject parcel, and a complete list of the property owners' nan'ies, mailing addresses, and legal descriptions. The owners of property shall be those recorded on the latest official County tax rolls. Such list shall be accompanied by an affidavit stating that to the best of the applicant's knowledge, said list is complete and accurate. (6) Any othe~ information necessary to establish compIiance with this and other ordinances. Section 3. All ordinances or parts of ordinances in conflict here- with be and the same are hereby repealed. PASSED AND ADOPTED in regular session on second and final reading on this the 28thday of ~ly , 1975. MAY~R! ATTEST: ~ ~/ City Clerk First Reading June 23, 1975 Second Reading July 28,.1975 -4- Ord. No. 28-75.