62-87 ORDINANCE NO. 62-87
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING CHAPTER 24, "SUBDI-
VISIONS", OF THE CODE OF ORDINANCES OF THE CITY OF
DELRAY BEACH, FLORIDA, BY REPEALING SECTION 24-4(0),
"SUBDIVISIONS", AND ENACTING A NEW SECTION 24-4(0),
"SUBDIVISIONS", TO PROVIDE A DEFINITION OF SUBDIVI-
SION, TO PROVIDE FOR THREE CATEGORIES OF SUBDIVI-
SIONS, AND TO PROVIDE EXCEPTIONS TO PLATTING
REQUIREMENTS; PROVIDING A GENERAL REPEALER CLAUSE;
PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE --
DATE.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
~.S_~. That Chapter 24, "Subdivisions", of the ode of
Ordinances of the City of Delray Beach, Florida, be, and th~ ~ame is
hereby, amended by repealing Section 24-4(0) and enacting a new 'Section
24-4(0), "Subdivisions", to read as follows:
(O) Subdivision means any land, vacant or improved, which is
divided or proposed to be divided into two or more lots, parcels, sites,.
units or plots for the purpose of offer, sale, lease, or development
either on the installment plan or upon any and all other plans, terms
and conditions. Subdivision includes the division or development of
residential and non-residential zoned land, as well as the division of
units, whether by deed, metes and bounds description, devise, intestacy,
lease, map, plat or other recorded instrument. For purposes of this
ordinance, subdivision includes condominiums, cooperatives, and rental
units. Subdivision includes resubdividing as replats. .
Exemptions to Subdivisions:
'(1) The proposed construction of a new building or structure
occupying a previou~l¥ platted lot in its entirety, to be
maintained under a single ownership, or condominium
occupied by the owner or lessees holding leases other
than a divided land lease or ownership, whereon no
additional right-of-way is required.
(2) A duplex or triplex residence on an existing street,
requiring no extension of water and sewer services.
(3) The combination or recombination of portions of platted
lots where no additional lots are created and the new
lots created conform to the development regulations of
the Zoning Code for the applicable Zoning District in
which the properties are located. A survey of the
revised lot layout shall be filed with the City Engineer.
(4) The sale or exchange of parcels of land to )r between
adjoining property owners where such sale o]' exchange
does not create additional lots and does not reduce any
lot to an area less than the development regulations of
Zoning Code for the applicable Zoning District.in which
the properties are located, and no dedications or im-
provements are required under this ordinance. A survey
of the revised lot layout shall be filed with the City
Engineer.
(5) Conveyance of undivided interests in previously platted
lots subject to conformance to the development regula-
tions of the Zoning Code for the applicable Zoning
District in which the property is located.
~u~. That all ordinances or parts of ordinances which
are in conflict herewith are hereby repealed.
~.f~kg~l__~. 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.
~g_~~. That this ordinance shall become effective ten
(10) days after its passage on second and final reading and shall be
applicable to all existing building permits or permit applications
existing as of July 28, 1987.
PASSED AND ADOPTED in regular session on second and final
reading on this the llth day of August , 1987.
~A¥OR
ATTEST:
First Reading_Jn3j_2B~_l~3 ....
Second Re ad ing_A3_~q3_t_ 33_a 33~_7_ _
2 ORD. NO. 62-87