70-87 ORDINANCE NO. 69-87
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, FLORIDA, BY
AMENDING SECTION 30-26 "DUTIES OF THE CHIEF
BUILDING OFFICIAL, BOARD OF ADJUSTMENT, CITY
COUNCIL, AND COURTS ON MATTERS OF APPEAL" BY
ADDING "PLANNING AND ZONING BOARD" TO THE
TITLE OF SAID SECTION, AND FURTHER AMENDING
SAID SECTION 30-26 TO PROVIDE THAT THE
PLANNING AND ZONING BOARD MAY MAKE
INTERPRETATIONS OF THE SIMILARITY OF PROPOSED
'(UNLISTED) USES WITH PEP~ITTED AND
CONDITIONAL USES ALREADY LISTED IN THE ZONING
CODE, PROVIDING FOR FORMAL FINDINGS OF THE
PLANNING AND ZONING BOARD IN DETERMINING THAT
AN UNLISTED USE MAY BE ALLOWED AS EITHER A
PERMITTED OR CONDITIONAL USE, PROVIDING FOR A
RECORD OF ALL SUCH FORMAL FINDINGS TO BE
MAINTAINED BY THE PLANNING DEPARTMENT, AND
PROVIDING THAT A CORRECTIVE ZONING ORDINANCE
AMENDMENT CONTAINING THESE INTERPRETATIONS
SHALL BE PREPARED ON AN ANNUAL BASIS, AT A
MINIMUM; 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:
Section 1. That Chapter 30, "Zoning", Section 30-26.
"Duties of the Chief Building Official, Board of Adjustment, City
Council, and Courts on Matters of Appeal" of the Code of
Ordinances of the City of Delray Beach, Florida, be, and the same
is hereby amended to read as follows:
Sec. 30-26 DUTIES OF THE CHIEF BUILDING OFFICIAL,
PLANNING AND ZONING BOARDt BOARD OF
ADJUSTMENT, CITY CO~CIL, A~DCOURTS ON
MATTERS OF APPEAL
It is the intent of this ordinance that
all questions of interpretation and
enforcement shall first be presented to
the Chief Building Official, and that
such questions shall be presented t¢ the
Board of Adjustment only on appeal from
the decision of the Chief Building
Official. Provided, however, _that
determinations of the simi!aritx of
proposed (unlisted) uses with permitted
and conditional uses listed in the
Zoning Code may be brought to the
Planning and Zoning Board for said
determination. The Planning and Zoning
Board may, by formal findings, determine
that an unlisted use may be allowed as
either a permitted or conditional use.
The Planning Department shall maintain a
record of all such formal findings and
shall prepare a corrective zoning
ordinance amendment containing these
determinations on an annual basis, at a
minimum.
It is further the intent of this
ordinance that the duties of the City
Council in connection with this
ordinance shall not include hearing and
deciding questions of interpretation and
enforcement that may arise. The
procedures for deciding such questions
shall be as stated in this section and
this ordinance. Under this ordinance
the City Council shall have only the
following d~ties: (1) considering and
adopting or rejecting proposed
amendments or the repeal of this
ordinance, as provided by law; (2)
approving or denying rezoning requests;
(3) approving or denying conditional
uses; (4) approving or denying site and
development plans; and (5) establishing
a schedule of fees and charges as stated
in Sec. 30-4.5 and Sec. 30-29.
Section 2. That all ordinances or parts of ordinances
in conflict herewith be, and the same are hereby repealed.
Section 3. 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 4. That this ordinance shall become effective
immediately upon passage on second and final reading.
PASSED AND ADOPTED in regular session on second and
final reading on this the 22nd day of September , 1987.
ATTEST:
Asst~ to City Clerk
First Reading September 8, 1987
Second Reading Septenber 22, 1987
- 2 - ORD. NO. 69-87
ORDINANCE NO. 70-87
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY
BEACH, FLORIDA, AMENDING CHAPTER 2, "ADMINISTRATION",
OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH,
FLORIDA, BY AMENDING SECTION 2-1.5, "MUNICIPAL DEPART-
MENTS ENUMERATED", CHANGING THE NAME OF THE
DEVELOPMENT AND INSPECTION DEPARTMENT TO THE
INSPECTION AND CODE ENFORCEMENT DEPARTMENT, CHANGING
THE NAME OF THE FIRE DEPARTMENT TO THE FIRE AND
EMERGENCY MEDICAL SERVICES. DEPARTMENT, CHANGING THE
NAME OF THE PLANNING DEPARTMENT TO THE PLANNING AND
ZONING DEPARTMENT, AND CREATING THE DEPARTMENT OF
INFORMATION RESOURCE MANAGEMENT, AND CREATING THE
DEPARTMENT OF ENGINEERING; 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:
Section 1. That Chapter 2, "Administration", Section 2-1.5, "Municipal
departments enumerated", of the Code of Ordinances of the City of Delray Beach,
Florida, be, and the same is, hereby amended to read as follows:
Sec. 2-1.5. Municipal departments enumerated.
The municipal departments of the city shall be:
(a) City clerk department.
(b) Finance department.
(c) ~l~%-~a~d--~n~l~io~--del~r~me~t .I.nspection and code enforcement
dep ,a. rtmen, t.
(d) Parks and recreation department.
(e) F~A.e-delme-t~ Fire and emergency medical services department.
(f) Police department.
(g) Public utilities department.
(h) Public works department.
(i) Municipal golf course.
Personnel department.
(k) Planning and zoning department.
(1) Information resource management department.
Engineering department.
Seo. tion 2. Thst 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~ Tha*' this ordinance shall beCOme effective October 1, 1987.
PASSED AND ADOPTED in regular session on second and final reading on tt is
the 22nd day of Sept~_.mber , 1987.
ATTEST:
Aa~t o to
First Reading September 8, 1987
Second Reading. September 22, 1987