Ord 61-01ORDINANCE NO. 61-01
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING THE LAND
DEVELOPMENT REGULATIONS OF THE CODE OF
ORDINANCES, BY AMENDING SECTION 4.4.13, "CENTRAL
BUSINESS DISTRICT", SUBSECTION (G), "SUPPLEMENTAL
DISTRICT REGULATIONS", PARAGRAPH (1), "PARKING" TO
ELIMINATE THE PROVISION ALLOWING CONVERSION OF
RESIDENTIAL SPACE TO NON.RESIDENTIAL SPACE WITHOUT
PROVIDING ADDITIONAL PARKING WITHIN A PORTION OF
THE CBD ZONING DISTRICT; PROVIDING A SAVING CLAUSE,
A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE.
WHEREAS, pursuant to LDR Section 1.1.6, the Planning and Zoning Board reviewed the
proposed text amendment at a public hearing held on November 19, 2001 and voted 5 to 0 to
recommend that the changes be approved; and
WHEREAS, pursuant to Florida Statute 163.3174(4)(c), the Planning and Zoning Board,
sitting as the Local Planning Agency, has determined that the change is consistent with and
furthers the goals, objectives and policies of the Comprehensive Plan.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Article 4.4, "Base Zoning District", Section 4.4.13 "Central Business
District", Subsection (G), "Supplemental District Regulations, Paragraph (1), "Parking", of the Land
Development Regulations of the Code of Ordinances of the City of Delray Beach, Florida, be and
the same is hereby amended to read as follows:
Section 4.4.13 Central Business (CBD) District
(o)
Supplemental District Regulations: In addition to the supplemental district regulations as
set forth in Article 4.6, except as modified below, the following shall also apply.
(1) Parking:
(a) Within that portion of the CBD bounded by Swinton Avenue on the west, N.E.
1st Street on the north, the Intracoastal Waterway on the east and S.E. 1st Street
on the south, the parking requirements
................o.~u.....o v...~" for all non-residential uses, except restaurants, shall be one space
for each 300 square feet or ~action ~ereof. Exccpt for rcstaurants,
ad~,,mr.~,':" ~' ~---:t,~ parking. ~e parking required for the creation of new non-
the replacement of any previously required parking which may be eliminated.
Within all other geographic areas of &e CBD Zone Diswict, the provisions of
Section 4.6.9(C) shall apply, as ~rther modified within this Subsection (G)(1).
Section 2. 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 thereof other
than the part declared to be invalid.
Section 3. That all ordinances or parts of ordinances in conflict herewith be, and the same
are hereby repealed.
Section ar. That this ordinance shall become effective immediately upon its passage on
second and final reading.
pz~PASSED/qAND ADOPTED in regular session on second and final reading on this the
ff day of~ ...... ,200_~__. ~ b~,
ATTEST
City Clerk
First Reading~ · //~ ~qOO /
Second ReadingS_ ___._~..~_~_ O 0__~_
MAYOR
2 ORD. NO. 61-01
MEMORANDUM
TO:
FROM:
SUBJECT:
DATE:
MAYOR AND CITY COMMISSIONERS
CITY MANAGER ~
AGENDA ITEM - REGULAR MEETING OF JANUARY 8, 2002
ORDINANCE NO. 61-01 (AMENDMENT TO LAND DEVELOPMENT
REGULATIONS REGARDING PARKING REQUIREMENTS IN THE
CBD ZONING DISTRICT)
JANUARY 4, 2002
This is second reading and public hearing for Ordinance No. 61-01 which amends Land Development
Regulations Section 4.4.13(G)(1)(a) to reqmre additional parking when converting exssting ~esidential
space to non-residential space.
Under the current parking reqmrements, changes in use, both residential and non-residential, except
restaurants, do not require addiuonal parking. Therefore, a residential unit(s) could be converted to
commercial use without providing addiuonal parking even though the parking demands would be
much greater. Since there are no nme requirements for the previous use, it is therefore possible to
construct new residenual space and immediately convert it to non-residenual space wxthout additional
parking. This provision is counter producuve to the City's efforts to encourage additional housing
downtown.
The Planning and Zoning Board considered the proposed text amendment at a public hearing on
November 19, 2001 and voted unanimously to recommend approval based upon positive findings
with respect to Sections 2.4.5(M)(5) (Amendment to the Land Development Regulations) of the Land
Development Regulalaons.
At first reading on December 11t~, 2001, the Commission approved Ordinance 61-01 by unanimous
vote.
Recommend approval of Ordinance No. 61-01 on second and final reading.
S:\ City Clerk\Clerk\Agrnemo21.Ord61-01.LDR Amendment. Pkg. doc
TO:
THRU:
FROM:
SUBJECT:
PAUL DORUNG, DIREC.~'QR OF PLANNING AND ZONING
MEETING OF DECEMBER 11, 2001
AMENDMENT TO THE LAND DEVELOPMENT REGULATIONS (LDRs) REGARDING
PARKING REQUIREMENTS IN THE CBD (CENTRAL BUSINESS DISTRICT) ZONING
DISTRICT.
The Land Development Regulations have been amended a number of times since 1990 to encourage
redevelopment (especially housing) in the downtown area and as a result, the development of new
housing units in the downtown area has dramatically increased in the past several years.
Under the current regulations, the parking requirements for non-residential development within the
original DDA area is I space per each 300 square feet of building area and the requirements for
residential development is lower based on the number of units. However, these requirements only
apply to new building area. Changes in use, both residential and non-residential, except restaurants,
do not require additional parking. Therefore, a residential unit or units could be converted to a
commercial use, except restaurants, without providing additional parking, even though the parking
demands would be much greater. Additionally, since there are no time requirements for the previous
use, it is therefore possible to construct new residential space and immediately convert it to non-
residential space without additional parking. This provision is counterproductive to the City's efforts to
encourage additional housing downtown. The proposed amendment amends the code to require
additional parking when converting existing residential space to non-residential space. Additional
background and analysis is provided in the attached Planning and Zoning Board staff report.
The Planning and Zoning Board held a public hearing regarding this item at its meeting of November
19, 2001. After discussing the amendment, the Board voted 5-0 (Morris absent) to recommend to the
City Commission approval of the proposed text amendment, based upon positive findings with respect
to LDR Section 2.4.5(M)(5).
The proposed amendment was reviewed by the Downtown Development Authority (DDA), Community
Redevelopment Agency (CRA), and the Parking Management Advisory Board (PMAB). All of these
Boards recommended approval.
By motion, approve on first reading the ordinance amending the Land Development Regulations
(LDRs) Section 4.4.13(G)(1)(a) Supplemental District Regulations - Parking, of the Central Business
District (CBD) zoning district, based upon the findings and recommendations by the Planning and
Zoning Board, and set a public hearing date of January 8, 2001.
Attachments: P&Z Board Staff Report of November 19, 2001 & Ordinance by Others
ORDINANCE NO. 61-01
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING THE LAND
DEVELOPMENT REGULATIONS OF THE CODE OF
ORDINANCES, BY AMENDING SECTION 4.4.13, "CENTRAL
BUSINESS DISTRICT", SUBSECTION (G), "SUPPLEMENTAL
DISTRICT REGULATIONS", PARAGRAPH (1), "PARKING" TO
ELIMINATE THE PROVISION ALLOWING CONVERSION OF
RESIDENTIAL SPACE TO NON-RESIDENTIAL SPACE WITHOUT
PROVIDING ADDITIONAL PARKING WITHIN A PORTION OF
THE CBD ZONING DISTRICT; PROVIDING A SAVING CLAUSE, A
GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE.
WHEREAS, pursuant to LDR Section 1.1.6, the Planning and Zoning Board reviewed the
proposed text amendment at a public hearing held on November 19, 2001 and voted 5 to 0 to
recommend that the changes be approved; and
WHEREAS, pursuant to Florida Statute 163.3174(4)(c), the Planning and Zomng Board,
sitting as the Local Planning Agency, has determined that the change is consistent with and furthers
the goals, objectives and policies of the Comprehensive Plan.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Article 4.4, "Base Zoning District", Section 4.4.13 "Central Business
District", Subsection (G), "Supplemental District Regulations, Paragraph (1), "Parking", of the Land
Development Regulations of the Code of Ordinances of the C~ty of Delray Beach, Florida, be and
the same is hereby amended to read as follows:
Section 4.4.13 Central Business (CBD) District
(o)
Supplemental District Regulations: In addition to the supplemental district regulations as set
forth in Article 4.6, except as modified below, the following shall also apply.
(1) Parking:
(a) Within that portion of the CBD bounded by Swinton Avenue on the west, N.E.
1st Street on the north, the Intracoastal Waterway on the east and S.E. 1st Street
th th h ki ~L,~11
on e sou , t e par ng requirements
restaurant; only for all non-residential uses, except restaurants, shall be one space
for each 300 square feet or fraction thereof.
__ .: .....~.:__ The parking required for the creation of new ...... :n__.:~l floor
area, except ............ o
~_ a~_.:~_ .t .... ~ o; fio~r area in ......... =o shall also include the replacement
of any previously required parking which may be eliminated. W~thin all other
geographic areas of the CBD Eone Dismct, the provisions of Section 4.6.9(C) shall
apply, as fu~her modified within this Subsection (O)(1).
Section 2. That should any section or provision of this ordinance or any portion thereof,
any para~aph, 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 thereof other
than the part declared to be invalid.
Section 3. That all ordinances or parts of ordinances in conflict herewith be, and the same
are hereby repealed.
Section 4- That this ordinance shall become effective immediately upon its passage on
second and final reading.
PASSED AND ADOPTED in regular session on second and final reading on this the ....
day of ., 200___.
ATTEST M A Y O R
City Clerk
First Reading
Second Reading
2 ORD. NO. 61-01
I
MEETING OF:
AGENDA ITEM:
PLANNING AND ZONING BOARD MEMORANDUM STAFF REPORT
NOVEMBER 19, 2001
III.C. AMENDMENT TO THE LAND DEVELOPMENT
REGULATIONS (LDRs) REGARDING PARKING REQUIREMENTS
IN THE CBD (CENTRAL BUSINESS DISTRICT) ZONING DISTRICT.
ITEM BEFORE THE BOARD
The item before the Board is that of making a recommendation to the City Commission on
amendment of Section 4.4.13(G)(1)(a) Supplemental District Requlations- Parking of the
Central Business District (CBD) zoning district. The amendment is being processed in
accordance with LDR Section 2.4.5(M). Pursuant to LDR Section 1.1.6, an amendment to
the Land Development Regulations must not be made until a recommendation is obtained
from the Planning & Zoning Board.
BACKGROUND
The Land Development Regulations have been amended a number of times since 1990 to
encourage redevelopment (especially housing) in the downtown area. Prior to 1993, new
development (both residential and non-residential) within the odginal DDA (Downtown
Development Authority) area had a parking requirement of 1 space per 300 square feet of
building area. This method of calculation, based on building area, resulted in excessive
parking requirements for residential uses and was identified as an impediment to new
downtown housing development. The problem was corrected in 1993, when an amendment
was adopted to base the parking requirement on the number and type (studio, one
bedroom, two or more bedrooms) of units instead of building area. In 1999, an amendment
was adopted to further decrease the parking requirements for residential uses in the CBD
and to allow shared parking in mixed-use developments. In the past several years, the
development of new housing units in the downtown area has dramatically increased,
including conversions of existing commercial space to housing (e.g. 2nd Floor of Huber
Drugs), new residential developments (e.g. Courtyards) and new mixed-use projects (e.g.
Villas Delray and Town Square).
The proposed amendment is to eliminate a provision in the current regulations which allows
the conversion of residential space to non-residential space without providing additional
parking.
'EDR"TEXT AMENDMENT ANJ~EYSlS
Under the current regulations, the parking requirements for non-residential development
within the original DDA area is 1 space per each 300 square feet of building area and the
requirements for residential development is lower based on the number of units. However,
these requirements only apply to new building area. Changes in use, both residential and
non-residential, except restaurants, does not require additional parking. Therefore, a
residential unit or units could be converted to a commercial use, except restaurants, and not
provide additional parking, even though the parking demands would be much greater.
Planning & Zomng Board Memorandum Staff Report
Parking Requirements for Changes of Use in the CBD
Page 2
Additionally, since there are no time requirements for the previous use, it is also possible to
construct new residential space and then convert it to non-residential space without the
provision of additional parking. As it currently exists, this section of the code is
counterproductive to the City's efforts to encourage additional housing downtown.
REQUIRED FINDINGS
LDR Section 2.4.5(M)(5), Amendment to the Land Development Requlations,
Findinqs: In addition to the provisions of Section 1.1.6(A), the City Commission
must make a finding that the text amendment is consistent with and furthers the
Goals, Objectives, and Policies of the Comprehensive Plan.
A review of the objectives and policies of the adopted Comprehensive Plan was conducted.
Although no formal policies were noted, the Housing Element of the Comprehensive Plan
states as follows:
"One of the most important objectives of the City's overall housing policy is the
establishment of housing in the downtown area. In the years since adoption of the 1989
Comprehensive Plan the downtown has changed from a somewhat sleepy, seasonally-
oriented shopping district to a vibrant year-round retail, service, and entertainment area with
an active night life. A critical missing element is a significant housing development. The City
recognizes the importance of providing housing in close proximity to shopping, employment,
and transportation, and the need to have a residential base to support the businesses in the
downtown area. The City needs to re-evaluate current regulations regarding the
construction of dwelling units in the central business district, and make whatever changes
are necessary to eliminate impediments and provide incentives."
The proposed amendment furthers this objective by removing an incentive to convert
residential space to nonresidential space in the downtown area. Therefore a positive finding
can be made with respect to LDR Section 2.4.5(M)(5).
The amendment sets the parking requirement for all non-residential uses, except
restaurants at 1 space per 300 square feet. The current language excluding changes of use
from providing additional parking is not necessary, since all of the uses, except restaurants
have the same parking requirements. The parking requirements for restaurants is set at 6
spaces per 1,000 square feet in Subsection (G)(1)(d) and the requirements for residential
uses is set in Subsection (G)(1)(e). Since residential uses require less parking than non-
residential uses, no additional parking would be required for changes in use from non-
residential to residential under the proposed language. However, additional parking would
be required for changes in use from residential to non-residential. Changes in use to
restaurants currently requires additional parking and will continue to do so with the
amendment.
Section 4.4.13
Central Business (CBD) District
(G) Supplemental District Regulations: In addition to the supplemental district
regulations as set forth in Article 4.6, except as modified below, the following shall also
apply.
III.C.
Planning & Zoning Board Memorandum Staff Report
Parking Requirements for Changes of Use in the CBD
Page 3
(1) Parking:
(a)
Within that portion of the CBD bounded by Swinton Avenue on the west,
N.E. 1st Street on the north, the Intracoastal Waterway on the east and
S.E. 1st Street on the south, the parking requirements ,k~? .,,,,,,,, *o "' ....
floor area and rcsta'drants only for all non-residential uses, except
restaurants, shall be one space for each 300 square feet or fraction
thereof = .... 4..~ ..... , ...... ,.- .-~. ..... ~ ..... f~.,-.,~, .~,~.,..+i~[. ~,-,,~ ,.,-.,.
parking required for the creation of new ReR-resk~ floor area, ~
fr=~!!en *~' .... ~: "'~ ~' ....... ;~' ~'~;*~' *"' shall also include the
replacement of any previously required parking which may be eliminated.
Within al; other geographic areas of the CBD Zone District, the provisions
of Section ~.6.9(C) shaft apply, as further modified within ~his Subsection
Parking Management Advisory Board (PMAB): The proposed amendment was reviewed
by the PMAB on October 23, 2001. The Board recommended approval.
Community Redevelopment Agency (CRA): The proposed amendment was reviewed by
the CRA on November 8, 2001. The Board recommended approval.
Downtown Development Authority (DDA): The proposed amendment was reviewed by
the DDA on November 14, 2001. The Board recommended approval.
1. Recommend approval of the proposed amendment.
2. Recommend denial of the proposed amendment, in whole or in part.
3. Continue with direction.
RECOMMENDED ACTION
Recommend that the City Commission adopt the attached amendment to LDR Section
4.4.13(G)(1 )(a) Supplemental District Requlations - Parkinq, of the Central Business District
(CBD) zoning district, based upon positive findings with LDR Section 2.4.5(M)(5).
s:~planning & zoning\boards\pma board\ldr amendment-changes of use.doc
IIl.C.
[IT¥ DF DELRI:I¥ BEI:I£H
CITY ATTORNEY'S OFFICE
200 NW Ist AVENUE · DELRAY BEACH, FLORIDA 33444
TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755
1993
DATE:
TO:
MEMORANDUM
December 10, 2001
City Commission
David T. Harden, City Manager
Writer's Direct Une: 561/243-7091
FROM:
Susan A. Ruby, City Attorney
SUBJECT: Charter Revisions
Attached please find a revised ordinance amending Chapter 34 and revised
ordinances and resolutions amending the Charter. The changes are by and large
correcting typographical errors and grammatical changes or providing clarification.
The only substantive change is to the last ballot question, and is stating that it
effects those elected in March (emphasis added) of 2003 and thereafter.
These substituted ordinances should be
agenda for City Commission consideration.
SAR:s ..~
Attachments
placed on the December 11, 2001
cc: Barbara Garito, City Clerk
[iT¥ OF DELRJ:I¥ BEGEH
CITY ATTORNEY'S OFFICE :,,,,....
TELFPIIONE 561 243-7090 · FACSIMILE 5~1 2~~--z'55
:'"' ~ DATE:
December 4, 2001
MEMORANDUM
Wdter's I:hrect Line: 561/243-7091
TO:
City Commission
'Oavid T. Harden, City Manager
FROM:
Susan A. Ruby, City Attorney
SUBJECT: Ballot Questions
I have prepared three ordinances with corresponding resolutions and notices
containing the three Charter amendments to be placed on the March ballot. In
addition, I have prepared another ordinance which amends Chapter 34 of the code
of Ordinances dealing with election procedures. This ordinance is to be effective
only if the change, which requires a special election to fill a vacancy in the office of
Mayor, passes.
The Charter amendment ordinances are drafted to amend the current Charter and
to amend the ordinance, if adopted at the referendum, which reorganizes the
Charter. This is done because until the referendum, we do not know if the
ordinance which reorganizes the Charter, will pass. Please review the documents
and provide me with all your comments. I would like to put the ordinances on the
December 11,2001 Commission meeting for first reading and January 8, 2002 for
the second reading. This schedule will allow us to meet scheduling necessities
and to advertise for thirty days as required by statute.
Attachrfl~nts
cc: Members, Charter Review Committee
/,,1-f3
Question
Rev. 11/~0/01
ORDINANCE NO. 62-01
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, PROVIDING FOR CHARTER REVISIONS
BY REPEALING ARTICLE Ill, "LEGISLATIVE", AND ENACTING A
NEW ARTICLE Ill, "LEGISLATIVE", TO THE CITY CHARTER OF THE
CITY OF DELRAY BEACH BY REPEALING ARTICLE VIII,
"MUNICIPAL COURTS", AND AMENDING REMAINING ARTICLES I,
Il, IV, V, VI, AND VII TO CLARIFY, DELETE OBSOLETE
REFERENCES, CORRECT GRAMMATICAL ERRORS, REORGANIZE
AND TO ENHANCE THE CHARTER'S "READABILITY"; PROVIDING
FOR A REFERENDUM; PROVIDING FOR A REPEALER CLAUSE;
PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Commission established a Charter Review Committee to review the
City's Charter; and
WHEREAS, the City Commission sought input bom the Community as to potential Charter
revisions; and
WHEREAS, the City Commission, after a review of many proposals, has decided to put the
Charter amendments set forth in this Ordinance to a vote of the electorate.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY
OF DELKAY BEACH, FLORIDA:
Section 1. That the Revised Charter of the City of Delray Beach, which consists of a
Table of Contents, Articles 1 through vn inclusive, Pages 1 through 28, inclusive, which is attached hereto
and is hereby incorporated as if fully set forth herein, Chapter 25786, Laws of Florida, Special Acts of 1949
and amendments thereto is further amended by adopting the Revised Charter. The Revised Charter repeals
Article 112I, "Legislative", and enacts a new Article 1II, "Legislative", and repeals Article VIII, "Municipal
Courts", and amends remaining Articles I, II, IV, V, VI, VII which shall read as set forth in Attachment "A"
hereto. The Revised Charter shall be submitted to a referendum of the electors of the City of Dekay Beach,
Florida, March 12, 2002.
Attachment "A"
Section 2. That this ordinance flaall not be effective unless and until the same is
approved by a majority of the electors of the City of Delray Beach, Florida, voting at the election for the
purpose of approving or disapproving this ordinance. If a majority of the electors voting upon suer
question approve the amendment, then the amendment shall be in full force and effect. Ifa majority of the
Charter Ord. Question #1
11/13/01
electors voting on the question disapprove, then the amendment shall be null and void. The question to be
submitted to the electors at such election shall be substantially as follows:
Question One
CHARTER REVISION CLARIFYING, REORGANIZING, AND ENHANCING THE
"READABILITY" OF THE CHARTER.
AN AMENDMENT REVISING THE CITY OF DELRAY BEACH CHARTER BY
REORGANIZING, CORRECTING GRAMMATICAL ERRORS, CLARIFYING
CERTAIN PROVISIONS, DELETING OBSOLETE TERMS, AND MAKING THE
CHARTER EASIER TO READ, AS PROVIDED IN ORDINANCE NO. 62-01.
SHALL THE ABOVE-DESCRIBED CHARTER AMENDMENT BE ADOPTED?
YES (for approval)
NO (against approval)
Section 3. That upon approval of this ordinance by the majority of electors voting at the
election, all ordinances or parts of ordinances or Charter provisions or parts of Charter provisions in
conflict herewith shall be and the same are hereby repealed as of the effective date of this ordinance.
Section 4. That if any clause, section or other part of this ordinance shall be declared
invalid or unconstitutional by a court of competent jurisdiction, the remainder of this ordinance shall not be
affected thereby but shall remain in full force and effect.
reading.
day of
Section 5. That this ordinance shall become effective upon passage on second and final
PASSED AND ADOPTED in regular session on second and final reading on this the __
,2001.
ATTEST:
City Clerk
First Reading
Second Reading.
MAYOR
2 ORD NO. 62-01
ORDINANCE NO. 63-01
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, PROVIDING FOR CHARTER REVISIONS
BY AMENDING THE CHARTER OF THE CITY OF DELRAY BEACH,
ARTICLE III, "LEGISLATIVE", SECTION 3.01, "COMA4ISSION-CITY
MANAGER FORM OF GOVERNMENT; TERM OF OFFICE; NtrMBER;
OFFICES OF VICE-MAYOR AND DEPUTY VICE-MAYOR;
SUCCESSION TO THE OFFICE OF MAYOR", PROVIDING FOR THE
LENGTH OF THE MAYOR'S TERM IF ELECTED AT A SPECIAL
ELECTION; BY REPEALING SECTION 3.06(d), "VACANCIES;
FOKFEITURE OF OFFICE; FILLING OF VACANCIES", AND
ENACTING A NEW SECTION 3.06(d), "FILLING A VACANCY IN THE
OFFICE OF MAYOR" AND SUBSECTIONS 3.06(d)(1)(2)(3)(4) AND (5);
TO PROVIDE FOR FILLING A VACANCY IN THE OFFICE OF MAYOR;
BY AMENDING ORDINANCE NO. 62-0] BY REPEALING SECTIONS
3.08Co)(1)(2) AND (3) OF ORDINANCE NO. 62-01 AND ENACTING A
NEW SECTION 3.08, "FILLING OF A VACANCY IN THE OFFICE OF
MAYOR" AND SUBSECTIONS 3.08(b)(1)(2) AND (3), TO PROVIDE
FOR THE FILLING OF VACANCY IN THE OFFICE OF MAYOR,
PROVIDING FOR THE LENGTH OF THE MAYOR'S TERM IF
ELECTED AT A SPECIAL ELECTION, PROVIDING FOR TH~ VICE-
MAYOR TO SERVE AS MAYOR UNTIL THE NEXT ELECTION IF 60
OR MORE DAYS REMAIN UNTIL THE NEXT ELECTION OR IF LESS
THAN 60 DAYS REMAIN REQUIRING A SPECIAL ELECTION TO FILL
THE VACANCY IN THE OFFICE OF MAYOR, PROVIDING FOR THE
QUALIFICATION OF CANDIDATES FOR A SPECIAL ELECTION TO
FILL A VACANCY IN THE OFFICE OF MAYOR, THE DATE OF
ASSUMPTION OF OFFICE OF THE MAYOR ELECTED AT THE
SPECIAL ELECTION, PROVIDING THAT THE TERM OF THE
COMMISSIONER FILLING A VACANCY CREATED BY THE VICE-
MAYOR SUCCEEDING AS MAYOR SHALL BE ONLY UNTIL THE
NEXT ELECTION INSTEAD OF FOR THE MAYOR'S TERM OF
OFFICE, I/NLESS A VACANCY IS CREATED LESS THAN 60 DAYS
BEFORE THE ELECTION THEN THE SEAT SHALL REMAIN VACANT
UNTIL AFTER A MAYOR IS ELECTED AT THE SPECIAL ELECTION;
PROVIDING FOR THE FILLING OF VACANCIES IN TI-IE OFFICE OF
VICE-MAYOR AND DEPUTY VICE-MAYOR; PROVIDING FOR A
REFERENDUM ON MARCH 12, 2002; PROVIDING A GENERAL
REPEALER CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING
AN EFFECTIVE DATE.
Charter Ord. Question #2
I 1/30/o 1
WHEREAS, the City Commission, after a review of many proposals, has decided to put the
Question set forth in this Ordinance to a vote of the electorate; and
WHEREAS, the City Commission desires to amend Ordinance No. 62-01 if the electorate
votes for its passage, and if not to amend the current City Charter as herein provided.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA:
,Section 1. That Article I~ Legislative", Section 3.01, "Commission-City Manager Form
of Government; Term of Office; Number; Offices of Vice-Mayor and Deputy Vice-Mayor; Succession to
Office of Mayor" of the City Charter of the City of Delray Beach, Florida, Chapter 24788, Laws of Florida,
Special Act of 1949 and amendments thereto is hereby amended by amending Section 3.01(a), to read as
follows:
(a) There shall be a Commission with all legislative powers of the City vested therein.
The Commission shall be composed of five (5) commissioners, all of whom shall be qualified
electors and have such other qualifications as are prescribed by law, one of whom shall be duly
elected Mayor, all of whom shall be elected at large for a term of two (2) years in the manner
provided in this charter. The Mayor and Commissioners shall assume office on the last Thursday in
March following their election or on the last Friday in March should the last Thursday fall on a legal
holiday or as otherwise provided in this charter. In the event a vacancy shall occur in the office of
Mayor, the Vice-Mayor shall automatically become Mayor. In the event a vacancy shall occur in the
office of Vice-Mayor, the Deputy Vice-Mayor shall automatically become Vice-Mayor, and a new
Deputy Vice-Mayor shall be selected by the Commission. Two (2) Commissioners shall be elected
in even-numbered years, and two (2) Commissioners shall be elected in odd-numbered years, unless
a vacancy or vacancies exist, in which event successors for the filling of any unexpired term or
terms shall be elected or appointed as herein provided, in order to carry our the intent and meaning
of this charter. Furthermore, the Mayor shall be elected for a two (2) year term, whether by regular
election or election to fill a vacancy in the office of the Mayor, and without regard to whether such
election is held in an even or odd-numbered year. Ifa special election is held to fill a vacancy in the
office of Mayor, the duration of the Mayor's term of office will be for two years commencing on the
last Thursday in March prior to the special election.
Section2. That Article III, "Legislative", Section 3.02, "City Commission:
Composition, Eligibility, Election, and Terms", of the City Charter of the City of Delray Beach, Florida,
Chapter 24788, Laws of Florida, Special Act of 1949 and amendments thereto, as amended by Ordinance
No. 62-01 is hereby amended by amending Section 3.02 of Ordinance No. 62-01, "City Commission:
Composition, Eligibility, Election, and Terms", Section 3.03 Of Ordinance No. 62-01, "Qualifications of
Candidates; Election" and Section 3.04, "Assumption of Office" of Ordinance No. 62-01 to read as follows:
2 ORD NO. 63-01
Charter Ord. Question #2
11/30/01
Section 3.02. CITY COMMISSION: COMPOSITION~ ELIGIBILITY~ ELECTION~ AND
TERMS
(a) Composition and Term. The City Commission shall be composed of five (5)
Commissioners, one of whom shall be duly elected Mayor. All of them shall be elected at large for
a term of two (2) years in the manner provided in this Charter.
Co) Staggered Terms. Two (2) Commissioners shall be elected in even-numbered years,
and two (2) Commissioners shall be elected in odd-numbered years. The Mayor may be elected in
an even or odd-numbered year.
(c) Length of Mayor's Term. Ifa special election is held to fill a vacancy in the office
of Mayor, the duration of the Mayor's term of office will be for two years commencing on the last
Thursday in March prior to the special election.
(d) Terms as a Result of a Vacancy. In the event of vacancies, successors shall be
appointed or elected in the manner provided in this Charter.
Section 3.03. QUALIFICATIONS OF CANDIDATESi ELECTION
(a) Regulation of Qualifications. Thc qualifications, time, manner, and costs of
qualifying as a candidate for Mayor or Commissioner shall be regulated by Chapter 34 of the Code
of Ordinances of the City.
Co) Filing of Candidates' Petitions. All candidate petitions shall be filed with the City
Clerk no earlier than noon on the last Tuesday in January and no later than noon on the second
Tuesday in February of the calendar year in which the election will be held provided; however, if a
special election to fill a vacancy in the office of Mayor is to be held, ~e time for qualifldng shall be
as provided by this Charter and Chapter 34 of the Code of Ordinances of the City of Delray Beach.
(c) Names of Candidates. The City Clerk shall deliver the names of all candidates and
the offices for which they have filed, to the Supervisor of Elections no later than $:00 p.m. on the
first Friday after the close of qualifying.
,Section 3.04. ASSUMPTION OF OFFICE
(a) Assumption of Office. The successful candidates for Mayor and Commissioners
shall assume office on the last Thursday in March following the regular election. The Commission
shall hold an organizational meeting immediately thereafter, and shall select fi.om the
Commissioners other than the Mayor, a Vice-Mayor and a Deputy Vice-Mayor. These two officials
3 ORD NO. 63-01
Charter Ord. Question #2
11/30/01
shall serve in their respective capacities at the pleasure of the Commission until the organizational
meeting of the following year.
(b) Assumption of Office for Appointees and those elected at a Special Election. A
person appointed to fill a vacancy or to fill a vacancy in the office of Mayor by electing a Mayor at a
special election shall assume office at the first regular meeting of thc Commission after being so
appointed or elected.
Section 3. That Article HI, "Legislative", Section 3.06, "Vacancies; Forfeiture of Office;
Filling of Vacancies", of the City Charter of the City of Delray Beach, Florida, Chapter 24788, Laws of
Florida, Special Act of 1949 and amendments thereto, is hereby amended by repealing Section 3.06(d)
enacting a new Section 3.06(d), "Vacancy in Office of Mayor" and enacting new subsections 3.06(d)(1)
(2)(3)(4) and (5) to read as follows:
(d) Vacancy in Office of Mayor.
(1) If a vacancy in the office of Mayor occurs sixty (60) or more calendar daw
preceding the date of the next regular City election, there will be an election to fill the Mayor's seat,
which will be held at the time of the next regular City election. If a vacancy occurs in the office of
Mayor less than sixty (60) calendar days preceding the date of the regular City_ election, the Mayor
shall be elected at a special election to be held on the second Tuesday in May. If a special election
is held to fill the office of Mayor, those persons who previously qualified to run for the Mayor's seat
and other candidates who qualify pursuant to this charter and Chapter 34 of the Code of Ordinances
,may run for the Mayor's seat to be filled at the special election. Notwithstanding anything to the
contrary, the Mayor elected at the special election shall assume office at the first regular meeting of
the Commission after being elected.
(2) No matter when a vacancy occurs in the office of Mayor, the Vice-Mayor
shall automatically succeed to the office of Mayor and shall serve until the last Thursday in March
following the next regular City election. Thereafter, the Vice-Mayor shall return to his or her
former seat and complete the remainder of his or her Commission term if any pan thereof remains
unexpired. If a special election is called to fill a vacancy in the office of Mayor, the Vice-Mayor
selected at the organizational meeting held after the regular election and prior to the special election
shall serve until a new Mayor is seated and thereafter shall return to his or her seat.
(3) The succession to the Office of Mayor by the Vice-Mayor shall create a
vacancy in the Commission, which shall be filled in the manner set forth in this charter, except the
Commissioner appointed to fill the vacancy created on the Commission as a result of a vacancy in
the office of Mayor that occurs sixty (6.0) or more days before the next election, shall serve only
until the last Thursday in March following the next City election. If the vacancy on the Commission
occurs as a result of a vacancy in the office of Mayor less than sixty (60) days prior to the next
regular election, the Commission seat shall remain vacant notwithstanding anything to thc contrary_
4 ORD NO. 63-01
Charter Ord. Question//2
11/30/01
contained within this charter until after the assumption of office of the Mayor after the special
election.
(4) If the Vice-Mayor is unable or unwilling to succeed to the office of Mayor,
then the Deputy Vice-Mayor shall succeed to the office of Mayor. If the Deputy Vice-Mayor is
unable or unwilling to succeed to the office of Mayor, the Commission shall then select a Mayor
from the remaining Commissioners. If the Commission is unable to select a Mayor by the end of
the second regular meeting after the vacancy, then a special election shall be held for the election of
the Mayor.
(5) If a vacancy occurs in the office of Vice-Mayor, the Deputy Vice-Mayor shall
automatically become Vice-Mayor and a new Deputy Vice-Mayor shall be selected by the
Commission. If a vacancy occurs in the office of Deputy Vice-Mayor, the Commission shall then
select a new Deputy Vice-Mayor.
Section 4. That Article III, "Legislative", Section 3.06(d) of the City Charter and
Chapter 24788 of the Laws of Florida and Special Act of 1949 and amendments thereto are hereby
amended by amending Ordinance No. 62-01, Section 3.08, which is amended by repealing Subsections
3.08(b)(1)(2) and (3) of Ordinance No. 62-01 and enacting new Subsections 3.08(b)(1)(2) and (3) of
Ordinance No. 62-01 to read as follows:
Co) Vacancy in Office of Mayor.
(1) If a vacancy in the office of Mayor occurs at least sixty (60) or more calendar
days preceding the date of the next regular City election, there will be an election to fill the Mayor's
seat which will be held at the time of the next regular City election. Ifa vacancy occurs in the office
of Mayor less than sixty (60) calendar days preceding the date of the regular City election, the
Mayor shall be elected at a special election to be held on the second Tuesday in May. If a special
election is held to fill the office of Mayor, those persons who previously qualified to mn for the
Mayor's seat and other candidates who qualify pursuant to this Charter and Chapter 34 of the Code
of Ordinances may nm for the Mayor's seat to be filled at the special election. Notwithstanding
anything to the contrary, the Mayor elected at the special election shall assume office at the first
regular meeting after being elected.
(2) When a vacancy occurs in the Office of Mayor, the Vice-Mayor shall
automatically succeed to the office of Mayor and shall serve until the last Thursday in March
following the next regular City election. Thereafter, the Vice-Mayor shall return to his or her
former seat and complete the remainder of his or her Commission term if any part thereof remains
unexpired. If a special election is called to fill a vacancy in the office of Mayor, the Vice-Mayor
selected at the organizational meeting shall serve until a new Mayor is seated and shall thereafter
return to his or her seat.
5 OR.D NO. 63-01
Charter Ord. Question #2
11/30/01
(3) The succession of the office of Mayor by the Vice-Mayor shall create a
vacancy in the Commission. The vacancy on the Commission shall be filled in the manner set forth
in this Charter except the Commissioner appointed to fill the vacancy created on the Commission as
a result of a vacancy in the office of Mayor that occurs sixty (60) days or more before the next
election shall serve only until the last Thursday in March following the next regular City election. If
a vacancy occurs on the Commission as a result of a vacancy in the office of Mayor less than sixty
(60) days before the next election, the Commission seat shall remain vacant, notwithstanding
anything to the contrary within this Charter until after the assumption of office of the Mayor after
the special election.
Section 5. That Section 1, 2, 3 and 4 of this ordinance shall be effective as follows:
If Question 1 in Ordinance No. 62-01 is not approved by the electors but the electors
approve of the question in Section 6 of this ordinance, then only Section 1 and Section 3 of this
ordinance shall have passed and Section 2 and Section 4, which amend Ordinance No. 62-01 will be
null and void. However, if Ordinance No. 62-01 is approved by the electors and the electors as
herein provided approve of the question set forth in this Section 6 herein, then Section 2 and Section
4 of this Ordinance No. 63-01 shall have passed and Section 1 and Section 3, which mends the
Charter as currently set forth, will be null and void. ff the electors disapprove of the question
provided for in this ordinance, then this ordinance will be deemed null and void in its entirety.
Section 6. This ordinance shall be effective as provided in Section 5 above. The
majority of the electors voting at the election to be held March 12, 2002, shall either approve or disapprove
of the question which will be presented substantially as follows:
Question 2
CHARTER REVISION RELATING TO THE FILLING OF A VACANCY IN THE
OFFICE OF MAYOR.
A CITY OF DELRAY BEACH CHARTER AMENDMENT REQUIRING A SPECIAL
ELECTION TO BE HELD IF A MAYORAL VACANCY OCCURS LESS THAN 60
DAYS BEFORE THE NEXT REGULAR ELECTION, PROVIDING FOR
ASSUMPTION OF OFFICE, CLARIFYING THE TERMS OF THE MAYOR AND
COMA4ISSIONER WHeN FILLING A MAYORAL VACANCY, PROVIDING FOR
EXTENDED QUALIFYING PERIODS IN THE EVENT OF SUCH SPECIAL
ELECTION AND RELATED MATTERS.
SHOULD THE ABOVE-DESCRIBED CHARTER AMENDMENT BE ADOPTED?
YES (FOR APPROVAL)
NO (AGAINST APPROVAL)
6 ORD NO. 63-01
Charter Ord. Question #2
11/30/01
Section 7. That upon the approval of this ordinance by the electors as set forth above, all
ordinances or parts of ordinances or Charter provisions or parts of Charter provisions in conflict herewith
shall be and the same are hereby repealed as of the effective date of this ordinance.
Section 8. That if any clause, section or other part of this ordinance shall be declared
invalid or unconstitutional by a court of competent jurisdiction, the remainder of this ordinance shall not be
affected thereby but shall remain in full force and effect.
Section 9. That this ordinance shall become effective upon passage on second and final
reading and in accordance with Section 5 herein.
day of
PASSED AND ADOPTED in regular session on second and final reading on this the ~
,2001.
ATTEST:
City Clerk
First Reading
Second Reading
MAYOR
7 OR.D NO. 63-01
ORDINANCE NO. 64-01
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA; PROVIDING FOR CHARTER REVISIONS
BY AMENDING THE CHARTER OF THE CITY OF DELRAY BEACH,
ARTICLE Ill, "LEGISLATIVE", SECTION 3.0.1, "COMMISSION CITY
MANAGER FORM OF GOVERNMENT; TERM OF OFFICE; NUMBER;
OFFICE OF THE VICE MAYOR AND DEPUTY VICE MAYOR;
SUCCESSION TO THE OFFICE OF THE MAYOR; TERM LIMITS", BY
REPEALING SECTION 3.01(¢) AND ENACTING A NEW SECTION
3.01(c) AND BY AMENDING ORDINANCE NO. 62-01, SECTION 3.09,
"TERM LIMITS", BY AMENDING SUBSECTION (a), TO PROVIDE
THAT EFFECTIVE 2003 AND THEREAFTER A COMMISSIONER
AND/OR THE MAYOR WHO REACHES TERM LIMITS DURING AN
ELECTED TERM SHALL BE NEVERTHELESS PERMITTED TO SERVE
OUT THAT ELECTED TERM; PROVIDING FOR A REFERENDUM ON
MARCH 12, 2002, PROVIDING A GENERAL REPEALER CLAUSE;
PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Commission established a Charter Review Committee which sought
input from the Community as to potential Charter revisions; and
WHEREAS, the City Commission, after a review of many proposals, has decided to put the
Question set forth in this Ordinance to a vote of the electorate; and
WHEREAS, the City Commission desires to amend Ordinance No. 62-01 if the electorate
votes for its passage and if not to amend the current City Charter.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA:
Section 1. That Article IH, "Legislative", Section 3.01, "Commission City Manager
Form of Government; Term Office; Number; Office of the Vice-Mayor and Deputy Vice-Mayor;
Succession to the office of Mayor; Term Limits", of the City Charter of the City of Delray Beach, Florida,
Chapter 24788, Laws of Florida, Special Act of 1949 and amendments thereto, be and is hereby amended
by repealing Section 3.01(c) and enacting a new Section 3.01(c) to read as follows:
(c) Individual Commissioners, including the Mayor, shall be prohibited from holdin~
office for more than six (6) consecutive years: The term "holding office" shall be defined as servinR
as Commissioner or Mayor. The term "consecutive years" shall not include any time served as a
result of appointment. Effective for those elected in March of 2003 and thereafter, a Commissioner
pr Mayor may complete the entire term to which they were elected, if a term limit is reached during
an elected term. A person who has served the maximum amount of consecutive time allowed by
Charter Ord. Question//3
Rev. 11/30/01
this Charter as Commissioner or Mayor. shall not assume office again until the last Thursday in
March of the year following the expiration of his or her term of office.
Section 2. That Article Ill, "Legislative" of the City Charter, Chapter 24788, Laws of
Florida, Special Act of 1949 and amendments thereto and Ordinance No. 62-01, Section 3.09, "Term
Limits" is hereby amended by amending Section 3.09(a) of ordinance No. 62-01 to read as follows:
Section 3.09 TERIVl LIMITS.
(a) Term Limit. Individual Commissioners, including the Mayor, shall be prohibited from
holding office for more than six (6) consecutive years: The term "holding office" shall be defined as
serving as Commissioner or Mayor. The term "consecutive years" shall not include any years
served as a result of appointment. Effective for those elected in March of the year. 2003 and
thereafter, a Commissioner or Mayor may complete the entire term to which they were elected, if a
term limit is reached during an elected tenn.
Section 3. That Section 1 or 2 of this Ordinance shall be effective as follows:
If Ordinance No. 62-01 is not approved and the electors approve of the question set forth in
Section 4, then only Section 1 of this ordinance shall have passed and Section 2 which amends
Ordinance No. 62-01 will be null and void. However, if the question presented in Ordinance No.
62-01 is passed and the question in this ordinance is approved, then only Section 2 of this ordinance
shall have passed and Section 1 which amends the Charter as cun'ently set forth will be null and
void. If the electors disapprove of the question provided for in this ordinance then this ordinance,
shall be deemed null and void in its entirety.
Section 4. This ordinance shall be effective as provided in Section 3 above. The
majority of the electors voting at the election to be held March 12, 2002, shall either approve or disapprove
of the following question which will be presented substantially as follows:
Ouesfion 3
CHARTER REVISION PERMrITI~G TERM LIM1TED ELECTED OffICIAlS TO
SERVE OUT THEIR ELECTED TERM EFFECTIVE 2003.
CITY OF DELRAY BEACH CHARTER AMENDMENT PERMITT~G ELECTED
OFFICIALS TO SERVE OUT THE ENTIRE TERM TO WHICH THEY WERE
ELECTED IF A TERM LIMIT IS REACHED DURING AN ELECTED TERM,
EFFECTIVE FOR THOSE ELECTED MARCH OF 2003 AND THEREAFTER.
SHALL THE ABOVE-DESCRIBED CHARTER AMENDMENT BE ADOPTED?
YES (FOR APPROVAL)
NO (AGAINST APPROVAL)
2 ORD NO. 64-01
Charter Ord. Question #3
Rev. 11/30/01
~ection 5. That upon the approval of this ordinance by the electors as set forth above, all
ordinances or parts or ordinances or Charter provisions or parts of Charter provisions in conflict herewith
shall be and the same are hereby repealed as of the effective date of this Ordinance.
$.ection 6. That any clause, section or other part of this ordinance shall be declared
invalid or unconstitutional by a court of competent jurisdiction, the remainder of this ordinance shall not
affected thereby but shall remain in full force and effect.
Section 7. Thai this ordinance shall become effective upon its passage on second ami
final reading and in accordance with Section 3 above.
day of
PASSED AND ADOPTED in regular session on second and final reading on this the ~
,2001.
ATTEST:
MAYOR
City Clerk
First Reading
Second Reading.
3 ORD NO. 64-01
ORDINANCE NO. 65-01
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING CHAPTER 34,
"ELECTIONS", HEADING, "GENEKAL PROVISIONS" BY
AMENDING SECTION 34.02, "CITY COMMISSION TO PROVIDE
FOR ELECTIONS: APPOINTMENT OF INSPECTORS AND
CLERKS"; AMENDING HEADING "QUALIFICATIONS FOR
CANDIDACY", BY AMENDING SECTION 34.15, "QUALIFYING AS
CANDIDATE"; SECTION 34.16, "FILING OF NOMINATING
PETITION", AND SECTION 34.17, "PROCEDURE AFTER FILING",
TO PROVIDE FOR QUALIFYING FOR MAYOR IN THE EVENT A
SPECIAL ELECTION IS HELD TO FILL A VACANCY IN THE
OFFICE OF MAYOR, TO REORGANIZE AND CORRECT
GRAMMATICAL ERRORS; PROVIDING A SAVING CLAUSE, A
GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Chapter 34, "Elections" of the Code of Ordinances is hereby amended by amending
Section 34.02, "City Commission to Provide for Elections: Appointment of Inspectors and Clerks", Section
34.15, "Qualifying as Candidate", Section 34.16, "Filing Nominating Petition" and Section 34.17,
"Procedure After Filing" to read as follows:
Section 34.02 CITY COMMISSION TO PROVIDE FOR ELECTIONS: APPOINTMENT OF
INSPECTORS AND CLERKS.
The City Commission shall make all necessary arrangements for holding all municipal
elections, and shall declare the results thereof. Inspectors and clerks of elections shall be appointed
by the City Commission, but if the City Commission shall fail to appoint them at least two (2) days
before the date of any election, the Mayor may appoint them. In the event that both of these ptmas
methods fail to secure inspectors and clerks for any election, the City Clerk shall make the
appointments on the days of the election.
Section 34.15 QUALIFYING AS CANDIDATE.
Any elector of the City who meets the qualifications set forth in Section 34.16 of this
subchapter, may be nominated for election or "'~'~- ............... v:::nc,-.':: c,:c,::r :z ~'~-~: ...... t---.-]-~--,"~"' for oaeqff
the ~'~ ....
~-) Commissioner or Mayor.
~ M:yor.
Section 34.16 FILING OF NOMINATING PETITION.
(A) To qualify as a candidate for election, the candidate must file the documents set forth
in Subsection A(1) and A(2). The documents shall be filed with the City Clerk no earlier than noon
on the last Tuesday in January nor later than noon on the second Tuesday in February of the
calendar year in which the election is to be held~ or to qualify as a candidate for Mayor if a special
election is called to fill a vacancy in the office of Mayor, the candidate must file with the City Clerk
no earlier than noon on the first Tuesday in April nor later than noon on the third Tuesday in April
provided, however, all those who qualified previously for Mayor for the previous regular election
will be deemed to have qualified as a candidate for the special election without additional petitions
being filed or additional monies being paid or to qualify as a candidate in a special recall election
called for the purpose of filling a vacancy pursuant to F.S. Section 100.361, the candidate must file
with the City Clerk, no earlier than 8:00 a.m. two days after the Circuit Court Judge, pursuant to
F.S. Section 100.361(2), has set the date for the special recall election and no later than 5:00 p.m. on
the eighth day after the judge has set the date for the special recall electiom. The following
documents must be filed:
A statement in writing under oath stating that the nominee is:
(a) Qualified as an elector in the city and has been one since on or before
September 1 preceding the election for which he or she is qualifying.
(b) A candidate for the office for which he is qualifying.
2 ORD. NO. 65-01
,- t
~ (4) {2) A petition signed by the electors of the city not less in number than one
percent (1%) of the registered voters of the city as determined on January 1 of the year of the
election, and payment of $25 to cover the cost of validating the signatures on the petition.
x~, : The petitions_ .~ .... j ........ ~-,~.~ ...........
form prescribed by the City Clerk, which shall not be released nor distributed by the City Clerk until
8:00 a.m. on the first D::.~r..~:r ! :: ~o:~ :.m. business day in the month of December preceding the
month of qualification, or in the event of a special election to fill a vacancy in the office of Mayor,
the petition shall be released and distributed by the City Clerk no earlier than the second Tuesday in
March proceeding the special election, or in the case of a special recall election at 8:00 a.m. on the
day after the Circuit Court Judge, pursuant to F.S. Section 100.361(2), has set the date for the
special recall election unless that date falls on a weekend or holiday, in which case a petition may be
obtained on the next regular w:rF~L':g business day.
(2) ~ Signatures may be obtained on the petition between the time the City Clerk
is authorized to release and distribute the petition and the deadline for qualification. The signatures
to a nominating petition need not all be affixed to one paper, but to each separate paper of a petition
there shall be attached an affidavit executed by its circulator stating the number of signers of the
paper, that each signature on it was affixed in his presence, and that he believes each signature to be
the genuine signature of the person whose name it purports to be. The signatures shall be executed
in ink or indelible pencil. Each sig~er petition shall ~ have next to his the signature the date
of hi: signing, the place of his residence, and his precinct number.
(C) The names of all candidates and the office for which they have filed shall be received
by the Supervisor of Elections from the City Clerk by 5:00 p.m. on the first Friday after the close of
qualifyini, or in the event of a special election to fill a vacancy in the office of Mayor or in the case
of a special recall election by $ :00 p.m. on the day following the close of qualifying except that if
said day falls on a weekend or holiday, the City Clerk shall transmit the names of all candidates and
the office for which they have filed on the next working day.
Section 34.17 PROCEDURE AFTER FILING.
Within five (5) days, or in the case of a special election to fill a vacancy in the office of
Mayor or in the case of a special recall election, the following business day after the City Clerk
receives ratification from the Supervisor of Elections, the City Clerk shall notify the candidate and
the person who filed the petition whether or not it satisfies the requirements prescribed by this
3 ORD. NO. 65-01
subchapter. If a petition ~is found insufficient, the City Clerk shall return it immediately to the
person who filed it, with a statement certifying wherein it is insufficient. Within the regular time
for filing petitions, a new petition may be filed for the same eanclidate together with the payment of
another $25. The City Clerk shall keep on file all petitions found sufficient at least until the
expiration of the term for which the candidates are nominated in those petitions.
Section 2. That should any section or provision of this ordinance or any portion thereof, any
paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision
shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to
be invalid.
Section 3. That all ordinances or parts of ordinances in conflict herewith be, and the same are
hereby repealed.
Section 4. This ordinance will be effective only if Ordinance no 63-01 is passed at the referendum
to be held March 12, 2002. ff Ordinance No. 63-01 is approved by the voters, this ordinance shall be
effective immediately on the approval of Ordinance No. 63-01. If ordinance No. 63-01 is not approved at
the referendum, this Ordinance No. 65-01 will be null and void with no force and effect.
PASSED AND ADOPTED in regular session on second and final reading on this the ~
,200
day of
ATTEST
MAYOR
City Clerk
First Reading
Second Reading
4 ORD. NO. 65-01
J~,SSUMPTTON O~ OFFtCE OF THE
t,~YOR E].ECTED AT THE SPECIAL
ELECTION. I~ROVIDtNG THAT THE
I~G A VAC,,MCY CREATED BY
~E.I~tYOR SU(~EEOING kS
NEXT Et. ECT~ INS3EAO OF FOR
THE MAYOR'S 'IT3:IM OF OFfiCE,
LES~ TIMN 60 DAYS BER3RE TNE
REMAIN VAC~N'f UNTIL ~ A
MI~YOFI I~ ELECTED AT THE S~'ClAL
~ OF VAC*J~ClE$ IN THE
O~4CE OF VIOE-MAYO~ AND
DEP~ VICE~IAYOR. t~OVIDNG
FO~ A ~ ON MARCH 12,
L~02, I~IOVIDING A GENERAL
SAVING CLAUSE. I~OVIDING AN
E~-CTNE DAI~
N~ ORDINMCE 0F 11-1E CTIY COM-
CHARTER OF 11~ CITY OF DELRAY
BEA~. A.R~CLE III. "!,.EGISLATIV~",
.~ 301, "COMMISSION CITY
TERM OF 0FRCE. Nt~II~R. OFFICE
~ OF ~IE &~YOFI, TERM
iTS", BY REPEAUNG SECTION 3 01(c)
AND ENACTING A NEW SECTION
AND BY AM(ENDING OFtDI-
NO 62-O'1. .~CTION 309.
~ccTION (a), TO PROVIDE THAT
EFI:ECTI~E 390~ ~0 'R'IEREAFT~R ~.
COMMI~ON~R ,~IO/OR ~
IT~ OURIR6 ~i ELECTED TERM
~ON TO PRO~IOI~ FOR ELE-~ntW~
TIO~ ~117, "PRO~tJl~/~'TER FIL-
{~TICA~ ERRORS, PROVID-
ING A SAVING (:L.MJSE. A GENI~R/U.
REPF. AL-AR ~ AM) M ETTEC-
dacMes t~ appeal my d~,sk~n ma~
a ve~Mm mead ~"~J__ ~e ~es-
OF DELRAY BEACH
(CF.m'P hUSSy. SS.
ORDINANCE NO. 61-01
AN ORDINANCE OF TH~ CITY COMMISSION OF TH~ CITY
OF DELRAY BEACH, FLORIDA, AMENDING THE LAND
DEVELOPMENT REGULATIONS OF THE CODE OF
ORDINAI~-_CF.~, BY AMI~IDING SECTION 4.4,13 (GXIX~)
"C-~L BUSINESS DISTRICT", SUBSECTION (G),
"SUPPLEMENTAL DISTRICT REOULATIONS", PARAGRAPH
(1), "PARKING" TO ELIMINATE THE PROVISION
ALLOWINO CONVERSION OF RESIDENTIAL SPACE TO
NON-RESIDENTIAL SPACE WITHOUT PROVIDING'
ADDITIONAL PARKING WITHIN A PORTION OF THE CBD
ZONING DISTRICT PROVIDING A SAVINO CLAUSE, A
OENERAL REPEALER CLAUSE, AND A P_.~'P.;C-YiVE DATE.
purpo~ of acccp~g public testimoay regarding ~c proposed
o~t~r~nce. The fi~t Public Hearing will be held on TUESDAY.
p]~CEMBER 11. 2061 AT 7.'~ P.M. in the Commission
Chambers at City Hall, 100 N.W, 1st Avenue, Delray Beach,
second Public Hearing will be held on TUESDAY. JANUARY 8.
~ (or st nny cou~ustiou of such meeting, which
is set by the Cofnmissio~).
Zoning ~ent. For fu.her infonnstion or to obtain a copy of
the ~ ordinance, please couta~ the Planning and Zoning
Department, City Hall, 100 N.W. 1st Avenue, Delray Beach,
Florida 3~<~. (Phone 561/'243-7040), between the hours of 8.~0
am. and 5:00 p~n., Monday through Yriday, excluding holidays.
PLEASE BE ADVISED THAT 1~ A PE~N'DB~ES TO
APPEAL ANY DgCISION MADE BY THE CITY
cou ssxoN wrm umPEcr vo MA'rrsu
CONSIDERED AT THESE HEARINGS, SUCH PERSON MAY
N'RRD TO ENSURE THAT A VERBATIM REC~I~ INCLUDES
THE TESTIMONY AND EVIDENCE UPON WHICH THE
APPEAL IS TO BE BASED. THE CITY DOES NOT PROVIDE
NOR PREPARE SUCH RECORD. PURSUANT TO F.S.
286.0105.
Ad~NSIZOII
'l
I I I I
CITY OF DELRAY BEACH
AYENDIIENT TO THE LAND DEVELOPI4ENT REGULATIONS SECTION
4.4.13 REGARDING RESIDENTIAL PARKING REQUIREllEIIIT$ IN THE
CBD (CENTRAL BUSINESS DISTRICT)
ORDINANCE NO. 61-01
AN ORDINANCE OF THE cITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, AMENDING THE LAND
DEVELOPMENT REGULATIONS OF THE CODE OF
ORDINANCES, BY AMENDING SECTION 4.4.13
"CENTRAL BUSINESS DISTRICT", SUBSECTION (G),
"SUPPLEMENTAL DISTRICT REGULATIONS", PARAGRAPH
(l), "PARKING" TO ELIMINATE THE PROVISION
ALLOWING CONVERSION OF RESIDENTIAL SPACE TO
NON-RESIDENTIAL SPACE WITHOUT PROVIDING
ADDITIONAL PARKING WITHIN A PORTION OF THE CBD
ZONING DISTRICT PROVIDING A SAVING CLAUSE, A
GENERAL REPEALER CLAUSE, AND A EFFECTIVE DATE.
The City Commission will conduct two (2) Public Hearings for the
purpose of accepting public testimony regarding the proposed
ordinance. The first l:/ublic Hearing will be held on TUESDAY,
DECEMBER 11. 2001 AT 7;00 P.M. in the Commission
Chambers at City Hall, I00 N.W, 1st Avenue, Delray Beach,
Florida. If the proposed ordinance is passed on first reading, a
second Public Hearing will be held on TUESDAY, JANUARY 8~
2002, AT 7:00 P.M. (or at any continuation of such meeting, which
is set by the Commission).
All interested citizens are invited to attend the public hearings and
comment upon the proposed ordinance or submit their comments in
writing on or before the date of these hearings to the Planning and
Zoning Department. For further information or to obtain a copy of
the proposed ordinance, please contact the Planning and Zoning
Department, City Hall, 100 N.W. 1st Avenue, Delray Beach,
Florida 3_a~.~?. (Phone 561/243-7040), between the hours of 8:00
am. and 5:00 p.m., Monday through Friday, excluding holidays.
PLEASE BE ADVISED THAT IF A PERSON DECIDES TO
APPEAL ANY DECISION MADE BY THE CITY
COMMISSION WITH RESPECT TO ANY MATTER
CONSIDERED AT THESE HEARINGS, SUCH PERSON MAY
NEED TO ENSURE THAT A VERBATIM RECORD INCLUDES
THE TESTIMONY AND EVIDENCE UPON WHICH THE
APPEAL IS TO BE BASED. THE CITY DOES NOT PROVIDE
NOR PREPARE SUCH RECORD. PURSUANT TO F.S.
286.0105.
CITY OF DELRAY BEACH
Batlnlra 6~to
City Cl~
PUBLISH: Boca R~n News
December 3, 2001
January 2, 2002