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ORDINANCE NO.091-~
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA, RELATING TO
THE DUTIES AND RESPONSIBILITIES OF THE
PLANNING AND ZONING BOARD; PROVIDING FOR THE
CREATION OF A NEW SUBSECTION 19-5(d) OF THE
CODE OF ORDINANCES SETTING FORTH THE DUTIES
~D PROCEDURE FOR THE PLANNING AND ZONING
BOARD; PROVIDING TIME LIMITATIONS ON THE
PENDENCY OF MATTERS BEFORE THE BOARD;
PROVIDING FOR DOCUMENTATION OF RECOMMENDED
CONDITIONS; PROVIDING A CONFLICTS CLAUSE;
PROVIDING A SEVERABILITY CLAUSE; PROVIDING
AUTHORITY TO CODIFY; AND PROVIDING AN
EFFECTI~WE DATE.
WHEREAS, the City Commission of the City of Boynton Beach,
Florida, has determined that the clarification of the procedures
which govern the Planning and Zoning Board would result in a more
orderly and expeditious processing of matters before that Board.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA that:
Section 1.
CHAPTER 19 (PLANNING AND DEVELOPMENT
GENERALLY) of the City Code of the City of Boynton Beach, is
amended to provide a new Section 19-5(d), which shall read as
follows:
Section 19-5(d) DUTIES AND PROCEDURES.
Whenever a matter comes before the Planning and
Zoning Board pursuant to the provisions of the City
Code, the Planning and Zoning Board shall:
1. Consider the application or request by the
property owner or the property owner's agent.
2. Consider the recommendations from the
technical committee or the technical review board.
3. Consider any presentations made by the
property owner, the property owner's agent or the
chairman of the technical committee, the technical
review board or their designees.
4. Conduct public hearings when required by law.
5. Render a recommendation to the City
Commission. The Planning and Zoning Board shall reach
and announce its final recommendation to the Commission
during the same meeting at which the matter is first
being considered unless such matter is tabled or
continued, provided, the Planning and Zoning Board
shall not table or continue any matter except upon a
written request filed prior to the commencement of the
meeting and made by the property owner or the property
owner's agent. Failure of the Planning and Zoning
Board to make a recommendation during the meeting when
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the matter is first before it, shall be treated as a
negative recommendation by the Planning and Zoning
Board to the City Commission. Any matter which comes
before the Board for consideration and recommendation
shall be placed on the next available City Commission
agenda for review. In the event the Planning and
Zoning Board recommends approval of any matter subject
to specified conditions, those conditions shall be made
a part of the.record of the proceedings.
Section 3.
That all ordinances or parts of ordinances in
conflict herewith be and the same are hereby repealed.
Section 4.
In the event any portion of this Ordinance is
deemed in valid, illegal or unconstitutional by any court of
competent jurisdiction, such decision shall in no manner effect
the remaining portions or sections of this Ordinance and shall
remain in full force and effect.
Section 5.
ordinance.
Section 6.
Authority is hereby granted to codify said
This ordinance shall
immediately upon adoption by second reading.
FIRST READING this ~zl day of ~~
SECOND, FINAL READING and this
~/~ , 1991.
BEACH,
become effective
, 1991.
/~-~day
FLORIDA
of
Co'm~issioner
ATTEST:
(cORPORAtE SEAL)
a:0RDINNtl
Commissioner
commissibn~
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