365-40 ORDINANCE NO .~
AN ORDINANCE OF THE CITY OF D~LRAY BEACH, IN PALM BEACH
COUNTY, FLORIDA, PRESCRIBING AND SETTING FORTH RULES AND
REGULATIONS FOR THE FILING AND DISPOSITION OF APPLICATION
FOR SPECIAL PER,fITS AND FOR RE-CLASSIFIGATION UNDER zokrI~
ORDINANCE OF PROPERTY LOCATED ~[THIN THE CITY OF DELRAY
BEACH, FLORIDA, AND REPEALING ALL ORDINANCES, OR PARTS OF
ORDINANCES, INSOFAR AS Th~ S~I~E ARE IN CONFLICT HEREWITH.
BE IT ORDAINED BY T~LE CITY COUNCIL OF TIlE CITY OF DELRAY
BEACH, FLORIDA, AS FOLLOWS:
SECTION I.
Definitions: Within the purpose and inten~of this Ord-
inance the word "person" shall include firm, association or
corporation; the vord "re-classification" shall mean the
changing of the zone in which property in the City of Delray
Beach is located from its present restrictions to such other
restrictions and limitations in its use as is now or may
hereafter be prescribed by the Zoning Ordinance of the City
of Delray Beach, or amendments thereto; the masculine shall
include the neuter and feminine, and the neuter shall in-
clude the masculine and feminine; the word "year" shall be
deemed to be the calendar year.
SECTION II
That a Zoning Co~v_,ission of five members, excluding a
Secretary, who shall.be the City Clerk, be created. All mem-
bers shall be residents of, or have their principal place of
business in Delray Seach. One shall be a registered Florida
Real Estate Broker, one shall be a registered Florida Archi-
tect, one shall have ~sidence West of the Canal, one shall
have residence East of the Canal; all to be appointed by the
Council. Names of persons for consideration f~r appointment
may be supplied to Council by individuals or groups of in-
dividuals. All members to serve without pay. One member
shall be appointed for one year, two for two years, and two
for three years. At the expiration of the initial terms sub-
sequent appointments shall be made for a three-year term.
SECTION III.
Regular meetings of the Zoning Com~ission for re-zoning
shall only be held during the months of December through April,
but emergency meetings may be called throughout the year
as noted in Section IX. All hearings shall be public and
a quorum shall consist of three members. Notices of a
meeting shall b e mailed by the Secretary to each member
48 hours in advance of the meeting. The Commission shall
elect a Chairm_~n and other officers and shall determine
their own order of business.
SECTION IV.
That any person owning property located within the
City of Delray Beach, Florida, desiring to effect a change
in the classification 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:
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 Coun-
cil of the City of Delra¥ Beach, Florida, wherein the property
sought to be re-classified shall be fully and accurately de-
scribed; 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 peti-
tion, such petition shall set forth the classification 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 rea-
son 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 sign such pe-
tition. The Authority authorizing a person other than the j
owner to sign such petition must be attached to and accompany
such petition. Each petition shall be accompanied by a pay-
ment of $15.00 to be placed in the "General Fund" of the City.
SECTION V.
If the petition provided for in Section IV hereof 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 Coun-
cil 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 there-
after.
SECTION VI.
Whenever such petition is so presented to the City Coun-
cil, the City Council shall dispose of the same in any one of
the following wars, to -wit:
1. Deny such application by a majority vote of the mem-
bers 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 VII. If
it so desires the Council may in such reference make such recom-
mendations concerning the disposition 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 meeting called for that purpose, its findings
and recommendations concerning the disposition of such petition;
the findings of such Zoning CoEmission being recorm~endatory
only. If such findings and reconmaendations 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 recon~nendations of the Commission.
SECTION Vii.
Upon reference of a petition for re-zoning by Council to
the Zoning Commission, the Com~ ission shall call a public hear-
ing of the abutting property owners in accordance with the fol-
lowing:
1. If less than a city block is involved and w~ere 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. 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 prop-
erty 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.
The ownership of the abutting properties shall be
determined by the City Engineer 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 rec-
, ommendations in accordance with Section VI.
S CTI0
Upon the return of such reco~endations and findings
of the Zoning Co~mission, the City Council shall then pro-
ceed to either deny such petition or grant the same, in the
manner prescribed by law.
SECTION
In the event any petition as prescribed in Section IV
hereof be filed during the months of May to November, in-
clusive, of any year, the City Council may dispose of such
application in the manner prescribed in Section VI if an
emergency is declared to exist by a majority vote of the
City Council.
SECTION
Any action taken by the City Council moncerning the
disposition or reference of any petition for re-classifica-
tion, shall be set forth in full upon the minutes of the
meeting at which such application is considered, and the
petition itself shall be copied at length in the minutes of
said meeting.
~ SECTIOn ~I.
No special permit to deviate from the requirements
of the Zoning Ordinance of the City of Delray Beach, Flor-
ida, as provided in Section IX of said Zoning Ordinance,
shall be granted by the City Council or Board of Adjust-
ment until the application for such special permit has
first been referred to the Zoning Commission of the City
· of Delray Beach, Florida, and until the Zoning Commission
shall have returned such application to the City Council
CITY OF DELRAY ']~EACH
DELRAY BEACH, FLORIDA
PERTZI~.:NT T~fATD7~S OF %ONI2~c- A~ND~.~NT
1. No~ices o~ meetings to each one of the me~nbers 4~ hours in a.':vance.
2. let out ~m?~ovements located on the property with photograph.
3. Rason for se~mn.~ re-olasstficstion, signed by owner of the land
- 4. Namt be f~led 5 ~]avs pri~ to a Council meeting in orRer to demand
action. Otherwise req~]eat may be laid over for another ~'~eeting.
5. At a corner, the property owners for one block both si~es of the inter-
sect~n~ streets must be notified. (if less than City block)
6 ~ere no~ a ~orner, o~ers for 3~ feet each way (.~posedlyb~th
of str~et) (IF L]~'? ~A~ ~-~r B..0~)
7. If less than City block, ov~ers of p~mpert~'a ~ying for a depth of one
hlock surroun~ing the prove~ty ~titioned.
8. O~e of zoning is termed "re-classificat ion"
with its recommendations and findings. The recommendations
and findings of the Zoning Commission shall not be binding
on the City Council and shall be advisory only. Applica-
tions for such special permits to deviate from the Zoning
Ordinance may be made and considered at any time during the
year. Eactz such application shall be accompanied by the
payment of $5.00 to be placed in the "General Fund" of the
City.
SECTION XII.
All ordinances, or parts of ordinances, insofar as the
same are in conflict herewith, are hereby repealed.
This ordinance shall take effect upon its ratification
by a majority of the qualified electors residing in Delray
Beach, Florida, voting at a special election to be called by
the City Council within thirty days from the passage of this
ordinance on second and final reading~
PASSED on second and final reading in regular session
on this the ~_day of ~, A. D. 1940.
Pr es~~~~~
APP EOVED:
ATTEST: ~~
C'ity Clerk-
LI~.GAL NOTICES
iiPROCLAMATiON OF~ THE MAYOR:
';., CALL SPECIAL ELECTtON
~em~$ ~ ~ me ~Y o~
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o' ~ ~ ~ o'~ P~ ~ ~r ~ Vur-
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l Co~ on s~ ~ ~"m,~
~ q~ ~to~ of ~e Ci~
;~y ~ch ~ ~ible ~ vo~
~d ~n.
{ Dm~ at ~ .B~c~ ~or~
':t~ ~e ~ ~ ~:J~, A. D. 1~.
fully and accurately
description shall ~et forth"-the / c ~,
merits located on said property, and ii
any hnprovements are located thereon, ] '
ICES at least one photogr,ph shall accom-
LEGAL NOT pany such petition, such petition shall
set forth the classificationi' of the prop-
erty therein described as of the date
ORDINANCE NO. 365 said petition is filed and the new classi-
AN ORDINANCE OF THE CITY OF fication desired by the owner; st/ch pe- SECTIOI~I V~H.- ..........
DELRA¥ BEACH, IN PALM BEACHI tition shall state in short and succinct Upon the return of such recommen-
COUNTY, FLORIDA PRESCRIBING] language the reason of the petitioner in dations and findings of the Zoning Corn
AND SETTIHG FORTH RIJLES AND. seeking the re-classification of such mission, the City Council shall then
REGULATIONS FOR THE FILING~ property and shall be signed by the proceed to either deny such petition
AND DISPOSITION OF APPLICATION' owner of the land or some person duly or grant the same, in the manner pre-
FOR SPECIAL PERMITS AND FOR., authorized by such owner to sign such scribed by law.
RE-CLASSIFICATION UNDER ZON-" petition. The Authority authorizing a SECTION IX.
lNG ORDINANCE OF PROPERTY LO- person other than the owner to sign In }he event any petition as pre-
CATED WITHIN THE CITY OF DEL- such petition must be attached to and scribed in Section IV hereof be filed
RAY BEACH, FLORIDA, AND RE-I accompany such petition. Each petS- during f/he mo~ths of May to Novem-'
PEALING ALL ORDINANCES. OR~ tion shall be accompanied by a payment bet, inclusive, of any year,' the City'!
PARTS OF ORDINANCES, INSOFAR of $15.00 to be~placed in the "General Council may dispose of .such applica-
tion in the manner prescribed in Sec,
HEREWITH.AS THE -SAME ARE IN CONFLICT Fund" of the. SECTIONCity' V. tion VI if an emergency is declared to
exist by a majority vote of the City.i
BE IT ORDAINED BY THE CITY If the petition provided for in Sec- CbunciL ~ ' '
COUNCIL OF THE CITY OF DELRAY! tion IV hereof shall be filed with the
SECTION I. -~ Florida, tog~[~.~_~0.p_i~e~_ there, I clt ;c~~ ~
Definitions: Within the l~urpose of,- at least' five d~"~i ~reRlflar }'erend~.!~'i~/~ ~
'.intent of this Ordinance the word meeting Of the City Council, the City tl0n, .shill.~be ~sig 'lin'th .in` ~'[:~i~
,~'pe~son" shall include firm, Council shall dispose of the same as
tion or corporation; the word herein provided at the next meeting the minute~ of 'ihe ra~e~'~t[~l~
classification" shall mean the chang- followin~ the filing of such applica- such application is conside~q[, and' the
petition itself shall be copied ~t len~h
in~ of the zone in which property in tion with the City Cleric. Il such pc- in the minutes of said meeting, ·
the City of Delray Beach is located tition be filed less than five days be-
from its present restrictions to such fore such regular meeting, the City SECTION XI.
other restricttol~s and Bmitations.in its Council ma.y, in its discretion, with- No special permit to deviate from
i use as. is no~ or may hereafter be hold action thereon until the second the requirements; of the Zoning Ordt-
"Prescribed hy the Zoning Or, dinance of regular meeting thereafter.- nance of the City of Delray BeaCti,
FlOrida, as provided in Section i~'.of,
the City of Delray Beach, or amend- SECTION VI. 'said Zoning Ordinance of the .Cl~ of
ments thereto; the masculine shall in- Whenever such petition is so pre- Delray Beach, Florida, as proVide~ in[
clude the neuter and feminine, and the sented to the City Council, the City
neuter shall include the masculine and Council shall dispose of the same in Section IX of said Zoning O~dinance,~
shall be granted by the City Coun-{
deemedfeminine;to thebe theW°rdcalendar"year"year.Shall be wit:any one of the following ways, to, cH ~ Board of Adjustment until the]
SECTION II 1. Deny such application by a ma- application for such special permit'has~
.. That a Zoning Commission of five jority vote of the members of the City first been referred, to the Zoning Corn-~
members, ~F~.luding .a Secretary, who Council present at such meeting, mission of the City of Delray Beach,
shall~*be tF/~',City Clerk, be created, should a quorum be present. Florida, and until the Zoning commis-
All member~ shall be residents of, or 2. Refer such petition to the Zoning sion shall have returned such appli,
have their principal place of })usiness Commission, which Zoning Commission ;cation td the City Countil with if~'
~ Delra~ 'Beach. One shall be a reg- shall act in accordance with Section recomme, ndat/pvs ~*and findings, The
,recommendatio~ns a~d t~ings of the
~red Florida Real Estate Broke., one VII. If it so desires the Council may ~Zoning Commissio~ l~hallrlot be binding'
~1 be a registar~ed Florida Architect, in such reference make such recom-
~ Shall have"l~sidence West of the mendations concerning the disposition !on the- City Council' and shall be ad~i
]CanaL~ one shall' have residence East of such application as it may deter- ~visory only. Applications for such'
[Of the canal; all t'o b~ appointed by: mine. Immediately after such action i special permits to .de,~iate from thl[~
[.the coUndl.' Names ~.~'~ for con;
by the Zoning Commission to which 'Zoni.n~ O.~linance may be made and~
? f~e~/ V ~' considered at a/l, time during the
tion for hp~o~mtment may 'be .said petition shall have been referred, [ye4~r~ Each such app!icatien
~rve withsut paY. One membe~ shah or at any adjournment of any [l~ ,be placed in, 'the Gefleral
be appointed for one year, two for two meeting, or at any special meetir~ of the City.
years, and two for three Tears. At cal~r~d~or that purpose, its findings and SECTION XIL
the .exPiration of the initial terms sub- recommendations concernin~ the dispo- All ordinances, or parts 'of 0rdi, f
nances, insofar'as the same are in con,:
sequent appointments shall be made for sition of such petition; the findings of fllct herewith, are hereby repealed.
a three-year term. such Zoning Commission being recom-
SECTION HI. mendatory only. If such findings and , SECTION XILI.' '
Regular meetings of the Zoning Corn- recommendations are no~ made to the This ordinance shall takeYg~fect uponj
mis~idn for re-zoning shall only be City Council by the Zoning Commission its ·ratification by a maj~o~...~ of the~
held during, the months of December within thirty days a/ret such petition qualified electors residing?~.¢ Delray~
through Apt;il, but%mergency meetings has been presented to the Commission, Beach, Florida, votinM at a~ Sl~laI ~lec-i
may be called throughout the year as the City Council shall be authorized tion to be called by the City~Coundfl~
noted in Section IX. Ail hearings shall to act on such petition without the within thirty days *from the pass~e of:
thi~ ordinance on second and finali
be public and a quorum shall consist findings and recommendations of the reading. '
of three members. Notice of a meet-' Con-nnission.
lng shall be mailed by the Secretary PASSED on second and final ~]~ading~
to each member 48 hours in advance SECTION VII. in regular session on t~is the 8~-day~
of the meeting. 'q'ae Commission shall Upon reference of a petition for re- of July, A. D. 1940.
elect a Chairman and other officers zoning by Council to the Zoning Corn- W?t~. JACOB'S~
and shall determine their own order mission, the Commisiion shall call a Presid~, City Councit~
of business, public hearing of the abutting proper- APPROVED: *
ty owners in accordance with the fol- W.: .A~ JACOBS, I
SECTION IV. lowing:
That any person owning property . Mayor.
l located within the City of Delray 1. Ii less than a city block .is in- ,/
~.Beach, Florida, desiring to effect t volved and where the portion petS- ATTEST: , ,;_~
~ange in the classification thereof as rio.ned for re-zoning is a corner, the MAE W. CRAMP,
"i~rescribed and limited under the Zon- owners of the property for one block City Clerk.
ling Ordinance of the city of Delray{ on both sides of the intersecting streets
~Beach, Florida, o~ amendments there-I from that corner must be notified.
LtD, shah proceed i~ the following man-] 2. If less than a city block is in- -~ .......... ~""'~' '.
:her. to-wit: -- : [ volved and where the portiqlt petitioned [o CAI. I.-~(~i~-"' :"'-'~'
Such person shall file witl~ the City for re-zoning is. not on a corner, the
owners of the p~operty along the street ~ NOTICE IS HEI~L~--_~ !?
Council of the City of Delray Beach,
Florida, at any r~ular session thereof on which the petitioned property faces a speci_a~ election ~v-~~
Fireman s Hall in-the City of
· for a distance of 300 feet in both direc- Beach, Florida, on Tuesday, ~u~,_,_~ $,
or with the City Clerk of the tions from the property o petitioned,
,Delray Beach, Florida, during must be notified. 1940, between the hours of 8 o clock
rice hours, a petftion directed
3. If a city block or more is in- ; A. M~ and 6 o'clockP~,M., for th~
~City Council of the City of D~lray valved, the owners of the property ly- pose of allowing the qua~[ified
Beach, Florida, wherein the property l ing for a depth of one block surround- of the City of Delray Beach, Flot'td~
sought to be re-classified shall be ing the proper~v petitioned, must be to either approve or disapprove Ora!
notified dinance .No. :~5, .adopted by the Cityi
~ ' r ......... Council on second and final readin~ onl
.erties shall be determined by the City ~_'~ ~'~;,~-'.,,~"~.-';~ ~.~i,~ '~ ~:
Engineer and the Secre~ry of the -"~:--~;~'~i;i: ............
Commission shall notify the owners by zo~..u~I. ...... · ..... .
~ U.S. marl the date and purpose of[~ r~,,~..., ~.~h are eligible t~ vote a{'
the Zoning Commission meeting at{, ~a~'l~
'- ' least five days in advance so that he [' 1~ at belrav 'Beach, Florida, On'
may be represented in person or by Il ~-.'.-'~ ~: -- ~'' '- ~:D 1940'
proxy. After such public hearing, theH W A J~BS,'
Zoning Commission shall pass upon'lin ...... , r~.~.J~ ~ch Florida.
the application, before it and make its| t~a[°~,'~;Y a' ~'~[~,.~i '
recommendations in accordance i with |.~! ' · ' '
Section_, .V.L ...... J ~ ....... --'