60-88 ORDINANCE NO. 60-88
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY
BEACH,. FLORIDA, AMENDING CHAPTER 30, "ZONING", OF THE
CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORI-
DA, BY AMENDING SECTION 30-21, "CONDITIONAL USES",
SUB~ECTION (E), "CONDITIONAL USE APPROVAL - TIME
LIMITATION", BY REPEALING SUBPARAGRAPH (1) IN ITS
ENTIRETY AND ENACTING A NEW SUBPARAGRAPH (1) RELATIVE
TO THE ESTABLISHMENT OF AN AUTOMATIC TIME LIMITATION ON
THE APPROVAL OF A CONDITIONAL USE, AND PROVIDING FOR
THE CRITERIA UNDER WHICH A CONDITIONAL USE SHALL BE
DEEMED ESTABLISHED; BY FURTHER AMENDING SUBSECTION (E),
"CONDITIONAL USE APPROVAL - TIME LIMITATION", BY
AMENDING SUBPARAGRAPH (2)(C)(2) BY ADDING A PROVISION
THAT AS A PART OF THE REVIEW AND APPROVAL PROCESS, A
CONDITIONAL USE REQUEST SHALL BE ASSESSED WITH REGARD
TO THE THEN CURRENT DEVELOPMENT REGULATIONS OF THE CITY
AND SHALL COMPLY.WITH SUCH CURRENT REQUIREMENTS; BY
FURTHER AMENDING SUBSECTION (E), "CONDITIONAL USE
APPROVAL - TIME LIMITATION", BY ENACTING A NEW SUBPARA-
GRAPH (3) TO PROVIDE FOR AN EXPIRATION DATE ON CONDI-
TIONAL USES HAVING BEEN APPROVED WITHOUT A TIME LIMITA-
TION, UNLESS A REQUEST FOR EXTENSION IS PROPERLY
SUBMITTED TO THE PLANNING DIRECTOR; BY AMENDING SECTION
30-22, "SITE AND DEVELOPMENT PLAN APPROVAL", SUBSECTION
(E), ';SITE AND DEVELOPMENT PLAN APPROVAL - TIME LIMITA-
TION'', BY REPEALING SUBPARAGRAPH (1) IN ITS ENTIRETY
AND ENACTING A NEW SUBPARAGRAPH (1) RELATIVE TO THE
ESTABLISHMENT OF AN AUTOMATIC TIME LIMITATION ON THE
APPROVAL OF A SITE AND DEVELOPMENT PLAN, AND PROVIDING
FOR THE CRITERIA UNDER WHICH A SITE AND DEVELOPMENT
PLAN SHALL BE DEEMED ESTABLISHED; BY FURTHER AMENDING
SUBSECTION (E), "SITE AND DEVELOPMENT PLAN APPROVAL -
TIME LIMITATION", BY AMENDING SUBPARAGRAPH (2)(c)(2) BY
ADDING A PROVISION THAT A~ A PART OF THE REVIEW AND
APPROVAL PROCESS, A SITE AND DEVELOPMENT PLAN REQUEST
SHALL BE ASSESSED WITH REGARD TO THE 'THEN CURRENT
DEVELOPMENT REGULATIONS OF. THE CITY AND SHALL COMPLY
WITH SUCH CURRENT REQUIREMENTS; BY FURTHER AMENDING
SUBSECTION (E), "SITE AND DEVELOPMENT PLAN APPROVAL '-
TIME LIMITATION", BY ENACTING A NEW SUBPARAGRAPH (3)
PROVIDE FOR AN EXPIRATION DATE ON SITE AND DEV~LOP~NT
PLANS HAVING BEEN APPROVED WITHOUT A TIM~ LIHITATION,
UNLESS A REQUEST FOR EXTENSION IS PROPERLY SUBMITTED TO
THE PLANNING DIRECTOR; PROVIDING A GENERAL REPEALER
CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFEC-
TIVE DATE.
NOW, THEREFORE, BE' IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Chapter 30, "Zoning", Section 30-21,
"Conditional Uses" Subsection (E), "Conditional Use Appr,val -
Time Limitation", Subparagraph (1), of the Code of Ordinances of
the City of Delray Beach, Florida, be, and the same is hereby
repealed in its entirety, and a new Section 30-21, "Conditional
Uses" Subsection (E), "Conditional Use Approval - Time Limita-
tion'', Subparagraph (1), be, and the same is hereby enacted to
read as follows:
(1) Upon approval, or approval subject to conditions,
by the City Commission, the conditional use shall
be valid for a period of eighteen (18) months
during which time the conditional use must be
established. Notwithstanding the above, the City
Commission may establish a different time limita-
tion if it deems such an action appropriate.
A conditional use shall be deemed established when
either:
(a) a Certificate of Occupancy is issued for the
use of property pursuant to the conditional
use approval; or,
(b) improvements representing twenty-five percent
.(25%) of the total cost of all improvements
to be used in developing a conditional use
have been constructed on the property.
Section 2. That Chapter 30, "Zoning", Section 30-21,
"Conditional UseS", Subsection (E), "Conditional Use Approval -
Time Limitation", Subparagraph (2)(0)(2), of the Code of Ordi-
nances of the City of Delray Beach, Florida, be, and the same is
hereby amended to read as follows:
(2) When The Land Has Not Been Substantially Physical-
ly Improved Or The Applicant Has Not Met The
Standards In (1) Above. The application shall be
evaluated in accordance with the criteria set
forth in Section 30-21(D) which relates ' to an
original application for conditional use approval.
If an application is to be analyzed under this
subsection, the Planning Director may require the
submission of such additional and current informa-
tion as he may deem appropriate to evaluate the
application. The additional and current informa-
tion requested shall be of the same type as is
required under Section 30-21 for an original
conditional use application.
As a Dart of the review and approval process, the
Qonditional use reouest shall be assessed with
re=ard tO ~he then current development remulations
of the Cit~. includinm but not limited to:
subdivision re=ulations, supplemental zoninm
re=ulations, si=n code. landscaDin= code. historic
preservation reouirements, communit~ appearance
code. utilit~ standards, and ~n lieu and impact
fees: and. shall comml~ with such current require-
Section 3. That Chapter 30, "Zoning", Section 30-21,
"Conditional Uses", Subsection (g), "Conditional Use Approval -
Time Limitation", of the Code of Ordinances of the CitF of Delra¥
Beach, Florida, be, and the same is hereby amended by addin~ a
new Subparagraph (3) to r~ad as follows:
(3) In the event that a conditional use has been
approved without a time limitation imposed u~on
it, said conditional use shall expire on June
1989, unless a request for extension is properly
submitted to the Planning Director, pursuant to
the provisions of Subsection (E)(2), above. In
the event that a request for extension is properly
submitted, said request shall be processed pursu-
ant to Subsection (E)(2) and action taken appro-
priately.
- 2 - Ord. No. 60-88
~ That Chapter 30, "Zoning", Section 30-22, "Site
and Development Plan Approval", Subsection (E), "Site and Devel-
opment Plan Approval - Time Limitation", Subparagraph (1), of the
Code of Ordinances of the City of Delray Beach, Florida, be, and
the same is hereby repealed in its entirety, and a new Section
30-22, "Site and Development Plan Approval", Subsection (E),
"Site and Development Plan Approval - Time Limitation", Subpara-
graph (1), be, and the same is hereby enacted to read as follows:
(l) Upon approval, or approval subject to conditions,
by the City Commission, the site and development
plan shall be valid for a period of eighteen (18)
months during which time the site and development
plan must be established. Notwithstandin~ the
above, the City Commission may establish a differ-
ent time limitation if it deems such an action
appropriate.
A site and development plan shall be deemed
established when either:
(a) a Certificate of Occupancy is issued for the
use of property pursuant to the site and
development plan approval; or,
(b) improvements representin~ twenty-five percent
(25%) of the total cost of all improvements
to be used in developing a site and
development plan have been constructed on the
property.
~ That Chapter 30, "Zoning", Section 30-22, "Site
and Development Plan Approval", Subsection (E), "Site and Devel-
opment Plan Approval - Time Limitation", Subparagraph (2)(c)(2),
of the Code of Ordinances of the City of Delray Beach, Florida,
be, and the same is hereby amended to read as follows:
(2) When The Land Has Not Been Substantially Physical-
ly Improved Or The Applicant Has Not Met The
Standards In (1) Above. The application shall be
evaluated in accordance with the criteria set
forth in Section 30-22(D) which relates to an
original application for site and development plan
approval. If an application is to be analyzed
under this subsection, the Plannin~ Director may
require the submission of such additional and
Current information as he may deem appropriate to
evaluate the application. The additional and
current information requested shall be of the same
type as is required under Section 30-22 for an
original site and development plan application.
As a ~art of the review and annroval nrocess, the
site and develonment nlan reauest shall be as-
sessed with re~ard to the then current development
regulations of the City. includin= but not limited
to: subdivision regulations, sunnlemental zonin=
re=ulations, si=n code. landscamin~ code. historic
ureservation reauirements, community appearance
code. utility standards, and in lieu and impact
fees: and. shall comply with such current reouire-
- 3 - Ord. No. 60-88
~ That Chapter 30, "Zoning", Section 30-22, "Site
and Development Plan Approval", Subsection (E), "Site and Devel-
opment Plan Approval - Time Gimitation", of the Code of Ordinanc-
es of the City of Delray Beach, Florida, ~, and the same is
hereby amended by adding a new Sub~ragraph (S) to read as
follows:
(S) In the event that a site and development plan has
been approved without a time limitation imposed
upon it, said site and development plan shall
expire on June 1, 1989, unless a request for
extension is properly submitted to the Planning
Director, pursuant to the provisions of Subsection
(E)(2), a~ve. In the event that a request for
extension is prOl~rly submitted, said request
shall ~ processed pursuant to Subsection (E)(2)
and action taken appropriately.
$~ That all ordinances or ~rts of ordinances in
conflict herewith be, and the same are hereby repealed.
~ That should any section or provision of this
ordinance or any ~rtion thereof, any paragraph, sentence, or
word be declared by a Court of COml~etent Jurisdiction to
invalid, such decision shall not affect the validity of the
remainder hereof as a whole or part thereof ot~r than the
declared to be invalid.
~ That. this ordinance shall become effective
immediately u~n passage on second and final reading.
PASSED AND ADOPTED in regular session on second and final
reading on this the 2Srd day of August , 1988.
ATTEST:
Clerk
First Reading JulM 12; i~RR '
Second Reading Ausust 231 1988
4 - Ord. No. 60-88