G-471(46-62) ORDINANCE NO. G-471.
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF DELRAY BEACH, FLORIDA, ANENDING
SECTION 29 - 7.7, CHAPTER 29 OF THE CODE
OF ORDINANCES OF THIS CITY BY PRESCRIBING
CERTAIN PROCEDURES TO BE~ FOLLOW'ED IN CHANG-
ING, THE ZONING CLASSIFICATIONS OR USES OF
PROPERTY LOCATED ;;ITHIN THIS CITY.
NOW, BE IT ORDAINED BY T~ CITY COUNCIL OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1, SectiOn 29 - 7.7' Chapter 29, Code
of Ordinances of the City of Delray Beach, Florida, be,
and the same is hereby amended to read as follows:
"Sec. 29 - 7.7 Applications for Rezoning
"(1) That any person owning property located within
the City of Delray Beach, Florida, desiring to effect a change
in the classification or use thereof as prescribed and limited
under the Zoning Ordinance of the City of Delray Beach, Florida,
or amendments thereto, shall proceed in the following manner,
to-wit:
"(a) Such person shall file with the City Council
of the City of Delray Beach, Florida, at any regular session
thereof or with the City Clerk of the City of Delray Beach,
Florida, during his office hours, a petition directed to the
City Council of the City of Delray Beach, Florida, wherein the
property shall be fully and accurately described; such descrip-
tion shall set forth the improvements located on said property,
and if any improvements are located thereon, at least one photo-
graph shall accompany such petition, such petition shall set
forth the classification of the property therein described as of
the date said petition is filed and the new classification or use
desired by the owner; such petition shall state in short and
succinct language the reason of the petitioner in seeking the
reclassification of the property or its use and shall be signed
by the owner of the land or some person duly authorized by such
owner to sign such petition. The Authority authorizing a per-
son other than the owner to sign such petition must be attached
to and accompany such petition. Each petition shall be accom-
p~anied by a payment of $25.00 to be placed in the "General Fund"
of the City, and each petition may relate to one or more adja-
cent properties under the same or separate ownership.
"(b) If the petition provided for above shall be
filed with the City Clerk of the City of Delray Beach,
Florida, together with two copies thereof, at least five
days before a regular meeting of the City Council, the
City Council shall dispose of the same as herein provided
at the next meeting following the filing of such application
with the City Clerk. If such petition be filed less than
five days before such regular meeting, the City Council may,
in its discretion, withhold action thereon until the second
regular meeting thereafter.
"(c) ~henever such petition is so presented to
the City COuncil, the City Council shall dispose of the
same in the following manner:
"Deny such application by a majority vote of the
members of'the City Co~ucil present at such meeting, should
a quorum be present, or
"Refer such petition to the Pl~ing Board, which Board
shall act in accordance with subsection (d). If it so desires
the Council may in such reference make such recommendations
concerning the disposition of such application as it may
determine. Immediately after such action by the Planning Board
to which said petition shall have been referred, it shall
present to the City Council at a regular meeting thereafter,
or at amy adjournment of any regular meeting, or at any
special meeting called for that purpose~ its findings and
recommendations concerning the disposition of such petition;
the findings of such Plan~ing Board being recommendatory only.
If such findings and recommendations are not made to the
City Council by the Pl~ing Board within thirty days after
such petition has been presented to the Planning Board, the
City Council shall be authorized to act on such petition with-
out the findings and recommendations of the Pl~ing Board.
"(d) Upon reference of a petition for rezoning or
conditionai use by Council to the Pl~ing Board, the Board
shall call a public hearing of the abutting property owners
in accordance with the following:
"If less than a city block is involved and where
the portion petitioned for rezoning or conditional use is a
corner, the owners of the property for one block on both
-2-
sides of the intersecting streets from that corner must be
notified.
"If less than a city block is involved and where the
portion petitioned for rezoning or conditional ase is not on
a cor~er, the owners of the property along the street on which
the petitioned property faces for a distance of ~ feet in
both directions from the property petitioned, mast be notified.
'If a city block or more is involved, the o~ners of
the property lying for a depth of one block surroundin~ the
property petitioned, must be notified.
"The ownership of the abutting properties shall be
determined'By the City Clerk who shall notify the owners by
U. S. mail the date and purpose of the Planning Board hearing
at least five days in advance so that he may be represented
in person or by proxy. Notice of the aforesaid meeting shall
also be published in a newspaper published in this City at
least ten (10) days prior to the hearing. After such public
hearing, the Planning Board shall pass upon the application
before it and make its' recommendations in accordance with sub-
section (c). The Board shall have the right to refuse to take
action unless the Petitioner or his duly authorized agent is
present at the aforesaid hearing.
"(e) Where any application for rezoning has been
denied in a given year, One year must elapse from the date of
application before another application for the rezoning of said
lot or lots can be made."
PA~SED on sec~ and final ~ading in regular session
/
~AYOR
ATTEST:
First reading. November ]2, 1962
Second reading November 26, 1962
-3-
Affidavit of Publication
THE DALLY NEWS-JOURNAL
Published D~ily
Delrey Beach, P~lm Be&ch County, Florld~
STATE OF FLORIDA
COUNTY OF PALM BEACH
Before th n signed authority rso~
~ppeared
.... .?.--.'.~..-.~.~..~%f./..%...'~...:::.~ .... o~ ,~e Daily
News-Journal, a daily newspaper published at
Delray Beach in Palm Beach Country, Florida;
that the at)ached copy of advertisement, being aN
.,
in the matter of ~.~.,'.~...~...C~...~~.~..~. ..........
in the ........................................................................ Court,
was publ£shed in said newspaper in the issue (s)
o,
Affiant further says that the said Daily
News-Journal is a newspaper published at Delray
Beach, in said Palm Beach County, Florida, and
that the said newspaper has heretofore been con-
tinuously published in sa~d Palm Beach County,
Florida, daily and has been entered as second
class mail matter at the post office in Delray
Beach, in said Palm Beach County, Florida, for
a period of one year next preceding the Jirst
publication of ~ihe attached copy of ~se-
merit; and affiant further says that ........ ..-~7...~
has neither paid nor promised any person, firm
or c,orporation any discount, rebate, commission
or refund for ~he purpose of securing this adver-
tisement for pu~/b~on in /~aid/~ spaper~ .
Swor~to ~pd subscribed before me t~-~....~.....
,
NOT~R¥~I~USLIC, SLATE OF I:LOi~lOt~ Al LA~G£
~ ~o~ss~o~ ~XmES OC~. 25,