05-004
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I ORDINANCE NO. 05-004
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4 AN ORDINANCE OF THE CITY OF BOYNTON BEACH,
5 FLORIDA, AMENDING SECTION 2-20(a) OF THE CODE OF
6 ORDINANCES REGARDING QUASI-JUDICIAL HEARINGS;
7 ADDING SITE PLAN EXTENSIONS AND ABANDONMENTS TO
8 THE LIST OF QUASI-JUDICIAL PROCEEDINGS; PROVIDING
9 FOR NOTICE AND PROCEDURES; PROVIDING FOR
10 CONFLICTS, SEVERABILITY, CODIFICATION AND AN
11 EFFECTIVE DATE.
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13 WHEREAS, the City Commission of the City of Boynton Beach, Florida,
14 enacted a written procedure for conducting and giving notice of quasi-judicial hearings;
15 and
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17 WHEREAS, the City Commission of the City of Boynton Beach has determined
18 that the enactment of this Ordinance is in the best interests of the citizens of the City of
19 Boynton Beach, protects the integrity of City government, fosters public confidence in
20 the actions ofthe City, and will assist in ensuring that the City's quasi-judicial hearing are
21 conducted with proper notice, opportunity to be heard, and opportunity to present
22 evidence and testimony;
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24 NOW, THEREFORE, BE IT ORDAINED by the City Commission of the City of
25 Boynton Beach, Florida, as follows:
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27 Section 1. The foregoing whereas clauses are true and correct and are now ratified and
28 confirmed by the City Commission.
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30 Section 2. That Chapter 2, Section 2-20 is amended as follows:
31 Sec. 2-20. Quasi-judicial proceedings before city commission or city board;
32 procedure for reconsideration of decision.
33 (a) For the purpose of this section the term Quasi-judicial proceeding" shall mean
34 hearings before the City Commission or Planning Development Board, and limited to the
35 following specific types of proceedings:
36 (I) Variances;
37 (2) Rezonings;
38 (3) Appeals from administrative decisions of the building official or the
39 planning director;
40 (4) Master plan approvals;
41 (5) Site plan approvals;
42 (6) Modifications of site plans (maioI') I
43 (7) Relief from requirements of the sign code.
44 (8) Conditional use approvals
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1 {9) Site plan extensions
2 ( 10) Abandonments
3 (11) Other land development matters announced as quasi-judicial hearings
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5 . . .
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7 SECTION 2. Severability. Should any section, provision, paragraph, sentence,
8 ¡clause of word of this Ordinance or portion hereof be held or declared by any court of
9 i competent jurisdiction to be unconstitutional or invalid, in part or application, it shall be
10 considered as eliminated and shall not affect the validity of the remaining portions or
11 applications of this Ordinance.
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13 SECTION 3. Conflicts. That all Ordinances or parts of Ordinances, Resolutions or
14 parts thereof in conflict herewith, be and the same are hereby repealed to the extent of such
15 conflict.
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17 SECTION 4. Codification. It is the intention of the City Commission ofthe City of
18 Boynton Beach, that the provisions of this Ordinance shall become and made a part of the
19 Code of Ordinances of the City of Boynton Beach, Florida, and that the Sections of this
20 Ordinance may be renumbered, re-Iettered and the word "Ordinance" may be changed to
21 "Section," "Article" or other word or phrase in order to accomplish such intention.
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23 SECTION 5. Effective Date. This Ordinance shall become effective immediately
24 upon its passage and adoption.
25 FIRST READING this ~ day of JanUt1 r''f
26 , 2005.
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I SECOND, FINAL READING AND PASSAGE this ~ day o~ II 1\ (t
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3 2005.
4 CITY OF BOYNTON BEACH, FLORIDA
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19 Commissioner
20 ATTEST:
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