81-87 Failed 7/26/88 F A I L E D - 7/26/88
ORDINANCE NO. 81-87
AN ORDINANCE OF THE CITY ~L OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING CHAPTER 30, "ZON-
ING", SECTION 30-1 "DEFINITIONS", OF THE CODE OF
ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY
REPEALING SUBSECTION (33) "FAMILY"; BY ENACTING A
NEW SUBSECTION (33) "FAMILY" TO PROVIDE THAT FAMILY
SHALL MEAN ONE (1) OR MORE PERSONS, LINEALLY
RELATED, BY BLOOD, MARRIAGE OR ADOPTION AND LIVING
AS A SINGLE HOUSEKEEPING UNIT IN A DWELLING, WHICH
MAY ADDITIONALLY INCLUDE TWO UNRELATED PERSONS, AND
PROVIDING THAT PERSONS RESIDING WITH A FAMILY FOR
THE PURPOSE OF ADOPTION, OR FOR FOSTER CARE AS
LICENSED OR APPROVED BY THE STATE OF FLORIDA OR ANY
PERSON WHO IS LIVING WITH A FAMILY AT THE DIRECTION
OF A COURT OR ANY PERSON WHO IS A DEPENDENT AS SET
FORTH BY FEDERAL INCOME TAX RULES AND REGULATIONS,
FALL WITHIN THE DEFINITION OF FAMILY; PROVIDING,
FURTHER THAT THE MAXIMUM SIZE OF A HOUSEHOLD SHALL
BE TWO PERSONS PER BEDROOM PLUS TWO OTHERS. IF THE
MAXIMUM SIZE OF A HOUSEHOLD IS EXCEEDED, THEN
PERSONS RESIDING IN THE DWELLING MUST MEET THE
DEFINITION OF FAMILY; PROVIDING A GENERAL REPEALER
CLAUSE, PROVIDING A SAVINGS CLAUSE; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the City Council of the City of Delray Beach, Florida
in protecting the health, safety and welfare of the citizens of Delray
Beach, Florida amends the definition of Family.
WHEREAS, an amendment of the definition of "family" is neces-
sary and proper for the best interests of the citizens and families of
the City of Delray Beach, Florida.
WHEREAS, an amendment of the definition of "family" will
enhance living conditions in the neighborhoods of the City of Delray
Beach, Florida.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
~ That Chapter 30 "Zoning", Section 30-1 "Defini-
tions", subsection (33) of the Code of Ordinances of the City of Delray
Beach, Florida, is hereby repealed.
~ That Chapter 30 "Zoning", Section 30-1 "Defini-
tions" subsection (33) of the Code of Ordinances of the City of Delray
Beach, Florida, is hereby amended by enacting a new subsection (33) to
read as follows:
(33) Family. One (1) or more persons related lineally by
blood, marriage or adoption and living as a single housekeeping unit in
a dwelling, shall constitute a family. A family may include, in
addition, not more than two (2) other persons. The. following persons
shall be considered related for the purpose of this title:
(1) A person(s) residing with a family for the purpose of
adoption;
(2) Not more than five (5) persons under 19 years of age,
residing in a foster home licensed or approved by the State of Florida;
(3) Any person who is living with a family at the direction
of a court.
(4) Dependents as defined by Federal Income Tax rules .and
regulations.
The maximum size of a household shall consist of no more than
two persons per bedroom, plus two other persons. In the event the
maximum size of a household is exceeded, then the persons residing in
the dwelling must meet the definition of family as set forth herein.
Section 5, That all Ordinances or parts of ordinances in
conflict herewith be and the same are hereby repealed.
~ That should any section or provision of this
ordinance or any portion thereof, any paragraph, sentence or word be
declared by a court of competent jurisdiction to be invalid, such
decision shall not affect the validity of the remainder hereof as a
whole or part hereof thereof other than the part declared to be invalid.
~ That this ordinance shall become effective ten
(10) days after its passage on second and final reading.
PASSED AND ADOPTED in regular session on second and final
reading on this the day of , 1987.
MAYOR
ATTEST:
City Clerk
First Reading September 22, 1987
Second Reading
F A I L E D - 7/26/88
2 ORD. NO. 81 -87