Ordinance 01-2015B Vetoed 8F
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® TOWN OF PALM BEACH—
�� Office of the Town Manager
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February 13, 2015
To: Susan Owens,Town Clerk
Pursuant to Article III section 3.05 (e) of the Town of Palm Beach Charter, I hereby veto ordinance
number 1-2015 B adopted by the Town Council on February 11, 2015.
A copy of said ordinance is attached hereto.This veto is delivered to Ms. Susan Owens,Town Clerk on
Friday, February 13, 2015 as required by the above referenced provision of the Town Charter.
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Respectfully,
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Gail Coniglio
Mayor for the Town of Palm Beach
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RECEIVE
x:015,FEB I'D 14!27 TWN CLERK
Post Office Box 2029 • 36o South County Road Palm Beach,Florida 33480
Telephone(561)838-5410•Facsimile(561)838-5411
Email:townmanager@townofpalmbeach.com•Website:www.townofpalmbeach.com
Ordinance No. 1-2015B
An Ordinance Of The Town Council Of The Town Of Palm Beach, Palm Beach County, Florida,
Amending The Town Code Of Ordinances At Chapter 134, Zoning; Article II, ADMINISTRATION,
Section 134-261 To Include Comprehensive Plan Amendments In The Hearing Process And Requiring
A Favorable Vote Of At Least Four Members Of The Town Council To Approve Comprehensive Plan
Amendments; Providing For Severability; Providing For Repeal Of Ordinances In Conflict; Providing
For Codification; Providing An Effective Date.
BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF PALM BEACH,
PALM BEACH COUNTY, FLORIDA, AS FOLLOWS:
WHEREAS, after a public hearing pursuant to notice required by law, the Planning and
Zoning Commission considered all testimony and recommended the following changes to the
Code of Ordinances;
WHEREAS, after public hearing pursuant to notice required by law, the Local Planning
Agency considered the Planning and Zoning Commission's Record and Report and all testimony
and recommended that the Town Council adopt the subject Ordinance; and,
Whereas, after public hearing pursuant to notice as required by law, the Town Council
does hereby find, determine, and declare that the public health, safety, morals and general
welfare of the citizens of the Town of Palm Beach require that the aforesaid Chapter 134,
Zoning, of the Code of Ordinances, be amended as hereinafter set forth.
Section 1. Amend ARTICLE I1, ADMINISTRATION, Section 134-261, Town Council
Actions; submission to the planning and zoning commission for recommendations and report;
hearings, to read as follows:
Subdivision I. - In Ceneral
See. 134-261. - Town council actions; submission to planning and zoning commission for
recommendations and report; hearings.
(a) The town council may Prom time to tinnc on its own motion or on petition, signed by the
fee simple property owner ole the property involved or authorized designee, agent or
representative of the owner by power of attorney filed with the director of the planning, zoning
and building departnnent or designee, amend, supplement, change, modify or repeal the
regulations, restrictions or district boundaries established in this chapter or amendments to the
town's conM,reliensive flan.
(b) Any proposed comprehensive plan annendnnent or amendment, supplement, change,
modification or repeal of zoning regulations shall first be submitted to the director of planning;
zoning and building or his designee. who shall submit it to the planning and zoning
commission for its recommendations and report. Upon the filing of tile recommendations and
Ordinance No. 1-2015B Page 1 of 3
report by the planning and zoning commission, the town council shall proceed to hold a public
hearing in relation thereto, giving at least 15 days' notice of the time and place of such hearing
in a newspaper having a general circulation in the town, and by posting the notice ori the
official bulletin board of the town hall.
(c) Ifan adverse report is given by the planning and zoning commission or ii'a protest against
s-uc;li a proposed amendment, supplemcnt, change, modification or repeal of a zoning
regulation is ,,,�hal-l-be presented in writing to the town cleric, duly signed and acknowledged by
the oNvucrs of ?0 percent or more, either of the area of the lots included in such proposed
change or of those itimiediatery adjacent in the area thereof exteudiug 500 feet therefrom, such
amcndmeut shall not become effective except by the favorable vote of three-fifths of all the
members ofthe town council. In the event of a tie vote, the mayor shall cast the deciding vote,
which shall constitute the three -fifth's requirement of the town council stated herein.
(d) The planning and zoning commission shall hear applications to amend the eoniprehensive
flan, rezone property aud/or to amend, supplement, change, modify or repeal any article;
division or section of this chapter tivithirr 60 days of the application being deemed complete by
the director of the planning, zoning and builditrg department or designee. Any proposed
comprellcnsive _plag amen}chilenc.... or amendment to change property from one zoning district to
another zoning district shall require the favorable vote of at least four members of the town
council. A public hearing on the application shall then be held by the town council after public
notice of the hearing is given in accordance with law.
Section 2. Severability.
If any provision of this Ordinance or the application thereof is held invalid, such invalidity shall
not affect the other provisions or applications of this Ordinance which can be given effect
without the invalid provisions or applications, and to this end the provisions of this Ordinance
are hereby declared severable.
Section 3. Repeal of Ordinances in Conflict.
All other ordinances of the Town of Palm Beach, Florida, or parts thereof which conflict with
this or any part of this Ordinance are hereby repealed.
Section 4. Codification.
This Ordinance shall be codified and made a part of the official Code of Ordinances of the Town
of Palm Beach.
Ordinance No. 1-2015B Page 2 of 3
Section 5. Effective Date.
This Ordinance shall take effect 31 days subsequent to its passage on second and final reading.
PASSED AND ADOPTED in a regular, adjourned session of the Town Council of the Town of
Palm Beach on first reading this 14"' day of January, 2015, and for second and final reading on
this 11°i day of February, 2015.
M.
Conig io, Mayor 4Mic . Pucillo, Tow0ouncil President
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Richard M. Kleid, Council President Pro Tem
ATTEST:
an A. O ns, M , Town Clerk R bert N. Wildrick, Town Council Member
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