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06-014 II ORDINANCE NO. 06- (J/t.f AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF BOYNTON BEACH, REVISING CHAPTER 4, "SITE PLANS" SECTION 5 TO PROVIDE FOR RIGHT OF THE CITY COMMISSION TO REQUIRE MODIFICATIONS TO AN APPROVED SITE PLAN WHEN A REQUEST FOR EXTENSION HAS BEEN REQUESTED; PROVIDING FOR CONFLICT, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE. WHEREAS, the City Commission does hereby deem it to be appropriate and in the best interests of the residents of the City of Boynton Beach to approve the amendments to the Code as hereinafter set forth. NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA: Section 1. The foregoing "WHEREAS" clauses are true and correct and hereby ratified and confirmed by the City Commission. Section 2. Section 5 of Chapter 4, "Site Plans," of the Land Development Regulations, Part III of the Code of Ordinances is amended as follows: Sec. 5. Expiration of site plan. Upon approval of a site plan by the City Commission, the applicant shall have (1) year to secure a building permit from the development department. If an applicant fails to secure a building permit in that time, all previous approvals shall become null and void~, and the applicant Yil!Q wishes to proceed \vith development will be required to submit a nevI site plan and application!.; provided however, aA clearing and grubbing permit shall not constitute a building permit plaft-for site plan review purposes. I.f.t its discretion, the City Commission, at its discretion, may eooe extend the approval of a site plan for an additional time period, not to exceeda one-year, period, _provided a request for extension is filed prior to the S:\CA\Ordinances\Sile Plan extensions (MR changes 122205).doc 1 II II expiration of the original one-year period. In granting such extensions the City Commission may require modification to or impose additional conditions on the site plan.to conform the site plan to current de',elopment standards. Section 3. Confficting Ordinances. All prior ordinances or resolutions or parts thereof in conflict herewith are hereby repealed to the extent of such conflict. Section 4. Severability. If any section, sentence, clause, or phrase of this Ordinance is held to be invalid or unconstitutional by any court of competent jurisdiction, then said holding shall in no way affect the validity of the remaining portions of this Ordinance. Section 5. Inclusion in Code. It is the intention of the City Commission of the City of Boynton Beach, Florida, that the provisions of this Ordinance shall become and be made a part of the City of Boynton Beach Code of Ordinances; and that the sections of this ordinance may be renumbered or relettered and the word "ordinance" may be changed to "section," "article," or such other appropriate word or phrase in order to accomplish such intentions. Section 6. Effective Date. This Ordinance shall become effective immediately after adoption by the City Commission. S:\CA\Ordinances\Sile Plan exlensions (MR changes l22205).doc 2 II II FIRST READING this ~ day of h6/tilf1:: {,f , 2006. I SECOND, FINAL READING AND PASSAGE this :2/ day of klJI"1itl7' 2006. CITY OF BOYNTON BEACH, FLORIDA "'.~."~".~""""""-,.. ....-::::".,. -----> '\ /-- 1 1 ner () 2diI ~ ~n(.~ Commissioner (City Seal) S :\CA \Ordinances\Sile Plan exlensions (MR changes l22205).doc 3