05-064
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ORDINANCE NO. 05- ob4
AN ORDINANCE OF THE CITY OF BOYNTON
BEACH, FLORIDA AMENDING LAND
DEVELOPMENT REGULATIONS, CHAPTER 2
"ZONING", SECTION 9 "ADMINISTRATION AND
ENFORCEMENT"; PROVIDING FOR ADDITIONAL
PUBLIC HEARING REQUIREMENTS; PROVIDING
FOR CONFLICTS, SEVERABILITY, CODIFICATION
AND AN EFFECTIVE DATE.
WHEREAS, the City Commission of the City of Boynton Beach desires to modify
the public notice requirements for Land Development Regulation matters.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
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Section 1.
The foregoing whereas clause is true and correct and is now ratified and
20 confirmed by the City Commission.
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Section 2.
Chapter 2. "Zoning", Section 9. "Administration and Enforcement" of
22 the Land Development Regulations of the City of Boynton Beach Code of Ordinances shall
23 be amended to add a new sub-section E by adding the words and figures in underlined type,
24 and by deleting the words and figures in struck-through type as follows:
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1.
When an amendment to the Land Development Regulations is proposed. tlle City
Commissien shall eemllict one additional public hearing shall be held in addition
to the public hearing conducted for second reading of the ordinance
implementing the amendment to the Land Development Regulations. At the
discretion of the City Commission, the additional public hearing shaH may be
conducted, ei.tlJeF in coni unction with first reading of the ordinance, may be
referred to and conducted by one or more advisory board, or held on another date
prior to second reading of the ordinance as announced by the City.
2.
When the proposed Land Development Regulation will affect permitted,
conditional or prohibited zoning uses, allew a lise not llellHiHea withem the
I.lfOlleSea amendment. or will change a development regulation regarding
building height and height exception, setbacks (for primary and all other
structures), non-conforming lots, telecommunication towers, new zoning
districts, and buffering requirements related to residential zoning districts, or
lanaseaain!':, the City Commission, on or prior to its preliminary review of said
S:\CA\Ordinances\LDR Changes\additional public hearing ord - comments. doc
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amendment, shall, determine which of the following types of notice shall be
provided for the additional iffi;t public hearing:
a. \vritten mailed notice of the iffi;t additional public hearing shall be
rovided to all ro ert owners within four hundred 400 feet of the
boundary lines of all propertv or properties which will be eaffected bv the
change in regulations,
b. notice published in a newspaper of general circulation,
c. notice osted on or near the ro erties which will be im
change in regulations.
d. other forms of notice determined b the Commission to be necessa to
advise the ublic that a chan e of develo ment re ulations is bein considered b
the Commission.
3.
:e ~~;;ti~~~:n~e:n~~::~e~ iR~Se~~~:~~a~~, a~R~e])~~i:~Ra:1
;:v~~;; Beard. the CeffiffiaIlity Redeveleflffient ~~ar;, er ~:t:'
Costs required for any additional notification shall be paid by the applicant for
the change in the Land Development Regulations.
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25 not herein specifically amended, shall remain in full force and effect as originally adopted.
Section 3.
Each and every other provision of the Land Development Regulations
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Section 4.
All laws and ordinances applying to the City of Boynton Beach in
27 conflict with any provisions of this ordinance are hereby repealed.
28 Section 5. Should any section or provision of this Ordinance or any portion
29 thereof be declared by a court of competent jurisdiction to be invalid, such decision shall not
30 affect the remainder of this Ordinance.
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Section 6.
Section 7.
Authority is hereby given to codify this Ordinance.
This Ordinance shall become effective immediately.
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FIRST READING this Ie day of OcTOBER.
,2005.
S:\CA \Ordinances\LDR Changes\additional public hearing ord - comments.doc
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SECOND, FINAL READING AND PASSAGE this id- day of
JikCt11/;ot- ,2005.
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Commissioner
S:\CA\Ordinances\LDR Changes\additional public hearing ord - comments.doc