143-88 ORDINANCE NO. 143-88
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA. AMENDING TITLE
17, "LAND [~SAGE". CHAPTER 173, "ZONING CODE".
OF THE CODE OF ORDINANCES OF THE CITY OF
DELRAY BEACH. .FLOR IDA. BY ENACTING A NEW
SECTION 173.852. "ABANDONMENT OF CONDITIONAL
USES" TO PROVIDE FOR THE ELIMINATION OF
CONDITIONAL USE APPROVAL' PROVIDING A
REPEALER CLAUSE: PROVIDING A SAVING CLAUSE'
AND PROVIDING AN EFFECTIVE DATE.
NOW, THEREFORE. BE IT ¢~RDAINED BY THE CITY COMMISSION
OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS;
~z~ That Tl_.le 17 Land Usage" Chapter 173
"Zoning Code", of the Code of Ordinances of the City of Delray
Beach, Florida. be. and *_.he same is hereby amended by enacting a
new Section 173. 852, "Abandonment of Conditional Uses" to read as
follows:
Sec ~ 17 3.8 52__ Aba~d.~nme~nt .. ¢~f__Cf~.n_d_[*.~iomal_[Js es ~
(A)' When a conditional use is discontinued or abandoned for
a continuous period of 180 dates, or an intervening use is
established, the conditional use may not be reestablished without
a new application for said conditional use being filed, reviewed
and approved pursuant to Sections 173. 845-173. 851 of the Code of
Ordinances of %he City of Deira:~ Bea~.b., Florida,
lB') A conditional ,me shall r, ot be cor~dered to have been
abandoned or c~iscontinued during the pendency c~f the development
of the use p~rsuant to the ~im~. limitations imposed by Section
173,849 of the Code.
~.__ That ail. ordtnannes or parts of ordinances
which are in conflict herewith be and the same are hereby
repealed,
Section ,_~ 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.
:~e_ctio~k_4~._. That *_,his 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 1..3_.t_.~ .... day of __Dec_e/~ber , 1988.
MAYOR
ATTEST;
F i rs t Read lng ~Io.~/ember~_22~_ 19.88
Second Reading December 13, 1988-