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Ordinance 31-2011 Zoning ORDINANCE NO. 31 -2011 AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF PALM BEACH, PALM BEACH COUNTY FLORIDA, AMENDING CHAPTER 134, ZONING, AT SECTIONS 134 -1472 AND 134 -1473 BY REFERENCING CHAPTER 66 RELATING TO THE REQUIREMENT OF REMOVAL OF PEST PLANTS AND ELIMINATING THE REMOVAL DEADLINE DATE IN THE BEACH AREA ZONING DISTRICT; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF ORDINANCES IN CONFLICT; PROVIDING FOR CODIFICATION; PROVIDING FOR AN EFFECTIVE DATE. BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF PALM BEACH, PALM BEACH COUNTY, FLORIDA, AS FOLLOWS: WHEREAS, after public hearings pursuant to notices 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, shall be amended as hereinafter set forth. i Section 1. Amend ARTICLE VI, DISTRICT REGULATIONS, Section 134 -1472, Height, width and length limit of properties adjacent to properties in the R -B district, at subsection (c) (3) to read as follows: (3) To ensure the ecological integrity of the beach area and enhance the ocean vista, all pest plants recognized as category I and category II invasive exotic species by the Florida Exotic Pest Plant Council shall be removed from the property as a part of a construction permit or as provided in Section 66 -311. The property shall, thereafter, be maintained free of all these species. Section 2. Amend ARTICLE VI, DISTRICT REGULATIONS, Section 134 -1473, Height, width and length limit of properties adjacent to properties in districts other than R -B, at subsection (c) (3) to read as follows: (3) To ensure the ecological integrity of the beach area and enhance the ocean vista, all pest plants recognized as category I and category II invasive exotic species by the Florida Exotic Pest Plant Council shall be removed from the property as a part of a construction permit or as provided in Section 66 -311. The property shall, thereafter, be maintained free of all these species. Section 3. 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. Ordinance No. 31 -2011 Page 1 of 2 Section 4. 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 5. Codification. This Ordinance shall be codified and made a part of the official Code of Ordinances of the Town of Palm Beach. Section 6. Effective Date. This Ordinance shall take effect 31 days subsequent to its passage on second and final reading. PASSED AND ADOPTED in regular, adjourned session assembled on first reading this 14 day of December, 2011, and second and final reading on this 1 I"' day of January, 2012. tot 2� v �- G it . Coniglio, Mayor David A. Rosow, Town Council President Robert N. Wildrick, Council President Pro Tem J1; . Willi J. Diamond, own uncil Member Richar . Kleid, Town Council Member Michael Pucillo,`�Toa 1 Council Member ATTEST: l usan A. Owens, own Clerk Ordinance No. 31 -2011 Page 2 of 2