Ord G-345(05-60) ORDINANCE NO. G-345
AN ORDINANCE OF THE CITY OF DELRAY BEACH,
PLORIDA, PRESCRIBING AND SETTING FORTH
RULES AND REGULATIONS FOR THE. FILING AND
DISPOSITION OF PETITIONS FOR ZONING A/~END-
MENTS AND RE-CLASSIFICATIONS UNDER CHAPTER
29 OF ThqE CODE OF ORDINANCES OF THE CITY
OF DELRAY BEACH, FLORIDA.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
DELRAY BEACH, FLORIDA, .AS FOLLOWS:
Section 1: That any person owning property located
within the City of Delray Beach, Florida, desiring to
ef. fecta change in the classification thereof as pre-
scribed and limited under the zoning ordinance of the
City of Delray Beach, Florida, or amendments thereto,
shall proceed in the following manner, to-wit:
Such person shall file with the City Council of
Delray Beach, Florida, at the regular session thereof or
with the city clerk of the City of Delray Beach, Florida,
during his office hours, a petition directed t° the City
Council of the City of Delray Beach, Florida, wherein
the property sought to be re-classified shall be fully
and accurately described; such description shall set
forth the improvements located on said property, and if
any improvements are located thereon, at least one
photograph shall accompany such petition, such petition
shall set forth the classifications of the property
therein described as of the date said petition is filed
and the new classification desired by the owner; such
petition shall state in short and succinct language the
reason of the petitioner in seeking the re-classification
of such property and shall be signed by the owner of the
land or some person duly authorized by such owner to
si~n such petition. The authority authorizing a person
other than the owner to sign such petition must be at-
tached to and accompany such petition. Each petition
shall be accompanied by a payment of $25.00 to be
placed in the "general fund" of the city.
(1)
~If the petition is withdrawn before public notice is
given, $15.00 of the above prescribed fee shall be re-
turned to the applicant.~
Section ll: Whenever such petition is so presented
to the city council, the city council shall dispose of
the same in any one of the following ways, to-wit:
(1) Deny such application by a majority vote of
the members of the city council present at such meeting,
should a quorum be present.
(2) Refer such petition to the zoning commission,
which zoning commission shall act in accordance with
section !II. If it so desires the council may in such
reference make such recommendations concerning the dis-
position of such application as it may determine.
Immediately after such action by the zoning commission
to which said petition shall have been referred,it shall
present to the city council at its next regular meeting
thereafter, or at any adjournment of any regular meeting,
or at any special me~g called for that purpose, its
findings and. recommendations concerning the disposition
of such petition; the findings of such zoning commission
being recommendatory only. If such findings and recommend-
ations are not made to the city council by the zoning
commission within thirty days after such petition has
been presented to the commission, the city council shall
be authorized to act on such petition without the findings
and recommendations of the commission.
Section lll: Upon reference of a petition for re-
zoning by council to the zoning commission, the commission
shall call a public hearing of the abutting property
owners in accordance with the following:
(1) If less than a city block is involved and where
the portion petitioned for re-zoning is a corner, the
owners of the property for one block on both sides of the
intersecting streets from that corner must be notified.
(2)
(2) If less than a city block is involved and where
the portion petitioned for re-zoning is not on a corner,
the owners of the property along the street on which the
petitioned property faces for a distance of 300 feet in
both directions from the property petitioned, must be
notified.
(3) If a city block or more is involved, the owners
of the property lying for a depth of one block surrounding
the property petitioned, must be notified.
(4) "Public notice of all hearings at which pet-
itions for re-zoning shall be heard before the zoning
commission will be given by publishing notice of the time
and place of such hearing in a newspaper of general cir-
culation in this municipality at least fifteen days prior
to said hearing, as prescribed by Chapter 176, Florida
Statutes.
The ownership of the abutting properties shall be
determined by the Tax Assessor and the Secretary of the
Commission shall notify the owners by U.S. mail the date
and purpose of the zoning commission meeting at least five
days in advance so that he may be represented in person or
by proxy. After such public hearing the zoning commission
shall pass upon the application before it and make its
recommendations in accordance with section ll.
Section 1V: The Planning Board, when acting as the
Zoning Commission of the City as provided in Section 20-8
of this Code shall consider and present recommendations
concerning zoning changes only between December 1st of any
year through and including April 30th of the following year.
No requests or applications for the re-zoning of any
parcel of property within the City shall be heard or acted
upon between May 1st and November 3Oth of any year ex-
cept that the City Council may by majority vote declare
an emergency to exist upon the receipt of a petition, and
order hearings to be held and notices given as prescribed
in Section lll, above.
(3)
Section V: Upon the return of such recommen-
dations and findings of the zoning commission, the
City Council shall then proceed to either deny such
petition or grant the same,~ in the manner prescribed
by law.
PASSED AND ADOPTED on the _4th_ day of _~~
1960, to be effective thirty days from said date.
Mayor
ATTEST:~
' ~ Clerk
Affidavit of Publication
THE DELRAY BEACH NEWS-JOURNAL
Published Weekly
Delray Beach, Palm Beach County, Florida o~
STATE OF FLORIDA
COUNTY OF PALM BEACH
Before the undersitned authority personally
who
.................................................. of the DeDay~each
News-Journal, a weekly newspaper published at
Delray Beach in Palm Beach County, Florida; that
the attached copy of advertisement, being a ........
in t!ll~ matter of ....................... ~ .................................
in the ................................................................... Court,
was published in said newspaper in the issue (s)
Aftlanl £urther says that the said Delray Beaeh
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 said Palm Beach County,
Florida, each Thursday and has been entered as
second class mail matter at the post office in
Delray Beach, in said Palm Beach County, Flor-
ida, for a period of one year next preceding the
first publication of the attached copy of K~dver-
tisement; and affiant further says that.~
has neither paid nor promised any person, firm
or corporation any discount,~ebate, commission
or refund for the purpose~rs~curing this adver-
tisement for publication~a~n ~l~said newspapgr. ·
Sworn to and/subscribed before me this./__/~.__~[ '-
(SEAL) / : gVotar, tt. ?u?iq . ..
Notary[ PUNK, ~J/ate
My Cem;,s$,ofl Exp,'esTM ' ' Nov. 6, 1960