Ordinance 01-2015B ZoningOrdinance 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. - lit General
See. 134-261. - Town council actions; submission to planning and zoning commission for
recommendations an([ report; hearings.
(a) The WWII council may from time to time on its own motion or on petition, signed by the
fee simple property owner of 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 department or designee, amend; supplement, change, modify or repeal the
regulations, restrictions or district boundaries established in this chapter or amendments to the
town's comprehensive plan.
(b) Any proposed comprehetlsive plan amendment 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, �Vho shall submit it to the planning and zoning
commission for itsrecommendations and report. Upon the filing of the recommendations and
Ordinance No. 1-2015B Pagel 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
general circulation in the town, and by posting the notice on the
in a newspaper having a
official bulletin board of the town hall.
(c) If an adverse report is given by the planning and zoning commission or if a protest against
5aeh a proposed amendment. supplement, change, modification or repeat of a zoning
regulation is shall-be presented in writing to the town cleric, duly signed and acknowledged by
the m-vners of 20 percent or more. either of the area of the lots included in such proposed
changc or of those immediately adjacent in the area thereof extending 500 feet therefrom., such
amendment shall not become effective except by the favorable vote of three-fifths of all the
members of the town council. h1 the event of a tic vote, the mayor shall cast the deciding vote,
which shall constitute the three-frfth's requirement of the town council stated herein.
(d) The planning and zoning commission shall hear applications to amend the comprehensive
ilk rezone property and/or to amend, supplement, change, modify or repeal any article,
division or section of this chapter within 60 days of the application being deemed complete by
the director of the planning. zoning and building department or designee. Any proposed
conwrehcnsive plan an-iendment_ or_amendnterrt to change property from one zoning district to
another zoning district shall require the favorable vote of at least four members of the toy, n
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.
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Section S. 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"' day of February, 2015.
L�
it . Conig io, Mayor QMicel . Pucillo, To ouncil President
f
Richard M. Kleid, Council President Pro Tem
ATTEST:
H. Moore, awn Council Mem
. townsencT, fownCouncil Member
an k'OWbns,MW, Town Clerk R bert N. Wildrick, Town Council Member
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