O84-45AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF BOYNTON BEACH, FLORIDA, A~NDING
SECTION 10. BOARD OF ADJUSTMENT. OF
APPENDIX A-ZONING OF THE CODE OF ORDINANCES,
CITY OF BOYNTON BEACH, FLORIDA, TO ADD A
NEW SUBSECTION-H. WITHDRAWAL OR DENIAL OF
APPLICATION. TO PROVIDE THAT UPON THE
WITHDRAWAL OR DENIAL OF AN APPLICATION,
TIME~ RESTRICTIONS SHALL APPLY TO THE
REFILING OF SUCH AN APPLICATION; PROVIDING
THAT EACH AND EVERY OTHER PROVISION OF
SECTION 10. BOARD OF ADJUSTMENT. SHALL
RE~.~IN IN FULL FORCE AND EFFECT AS
PREVIOUSLY ENACTED; PROVIDII~G AUTHORITY TO
CODI~FY; PROVIDING A CONFLICTS CLAUSE,
A SEVERABILITY CLAUSE, AND AN EFFECTIVE
DATE; AND FOR OTHER PURPOSES.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF BOYNTON BEACH, FLORIDA:
Section 1: That Section 10. Board of Adjustment. of
Appendix A-Zoning of the Code of Ordinances, City of Boynton
Beach, Florida, is hereby amended to add a new Subsection H.
Withdrawal or denial of application, as follows:
H. Withdrawal or denial of application.
(1) Upon the denial of an application for
relief hereunder, in whole or in part, a
period of one (1) year must run prior to
the filing of a subsequent application
affecting the same property or any portion
thereof.
(2) Upon the withdrawal of an application,
in whole or in part, a period of slx (6)
months must run prior to the filing of a
subsequent application affecting the same
property or any portior thereof, unless,
however, the decision cf the Board is
without prejudice; and
period of limitation s~
a two (2) year waitin¢
such an application, i~
has been twice or more
(3) An~application ma'
prejudice by the appli¢
right; provided the re¢
is in writing and exec~
on a form prescribed b~
with the Board at least
to any hearing schedule
application; otherwise
for withdrawal shall
)rovided that the
~11 be increased to
period in the event
whole or in part,
denied or withdrawn.
be withdrawn without
ant as a matter of
~uest for withdrawal
.ted in a manner and
the Board and filed
one (i) week prior
d concerning the
all such requests
with prejudice.
No application may be ~ [thdrawn after final
action has been taken. When an application
is withdrawn without p~ejudice, the time
limitations for re-app]ication provided
herein s~all not apply.
Section 2: Each and every other provision of Section 10.
Board of Adjustment. of Appendix A-Zoning of the Code of Ordinanceis,
City of Boynton Beach, Florida, shall remain in full force and
effect as previously enacted.
Specific authority is hereby granted to
Ail ordinances or parts of ordinances in
Section 3:
codify this Ordinance.
Section 4:
conflict herewith are hereby repealed.
Section 5: Should any section or provision of this
Ordinance-or a portion thereof be declared by a court of competen~
jurisdiction to be invalid, such decision shall not affect the
remainder of this Ordinance.
Section 6: This Ordinance shall become effective
day of ~
immediately upon passage.
FIRST READING this
1984.
SECOND READING and FINAL PASSAGE this ~d~day of
· 1984.
ATTEST:
CITY CL~
CITY OF BOYNTON BEACH, FLORIDA.
MAYOR
VICE MAYOR
CO~CIL MEMBER
(Seal)