73-87 ORDINANCE NO. 73-87
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 30-22 "SITE AND DEVELOPMENT
PLAN APPROVAL", BY REPEALING SUBSECTION (F)
"MODIFICATION OF APPROVED SITE AND
DEVELOPMENT PLAN" IN ITS ENTIRETY, AND
ENACTING A NEW SUBSECTION (F) "MODIFICATION
OF APPROVED SITE AND DEVELOPMENT PLAN";
PROVIDING A GENERAL REPEALER CLAUSE;
PROVIDING A SAVING CL~JSE; 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 30-22
"Site and Development Plan Approval", Subsection (F)
"Modification of Approved Site and Development Plan" of the Code
of Ordinances of the City of Delray Beach, Florida, be, and the
same is hereby repealed in its entirety, and a new Section 30-22
"Site and Development Plan Approval", Subsection (F)
"Modification of Approved Site and Development Plan", be, and the
same is hereby enacted to read as follows:
(F) MODIFICATION OF APPROVED SITE AND DEVELOPMENT
PLAN
No change or modification shall be made to an
approved Site and Development Plan unless
application therefore has been made, and the
modification approved.
Application for approval shall be made to. the
Planning and Zoning Board through the
Planning Director; provided that the Planning
Director may approve non-impacting changes as
set forth in this subsection. The Planning
Director shall determine whether the proposed
modification is (1) non-impacting, or (2)
major or minor. In determining whether a
proposed modification is (1) non-impacting,
or (2) major or minor, the Planning Director
shall apply the standards set forth in
Section 30-22(D). If there is no obviols
effect on the approved site and development
plan and no impact on adjacent and nearby
properties, including no adverse aesthetic
impact when viewed from a public
right-of-way, then the Planning Director may
approve the proposed change as a
non-impacting modification. The Planning
Director's decision regarding a non-impacting
modification to an approved site and
development plan shall be final unless
appealed.
Any person aggrieved by the decision of the
Planning Director that the proposed
modification is non-impacting may appeal that
decision to the Planning and Zoning Board.
The appeal shall be submitted in writing to
the Planning Director no later than ten (10)
days after his or her final decision. Said
appeal shall be treated by the Planning and
Zoning Board as an application for a major or
minor modification.
On any request or appeal for a modification
to an approved site and development plan
coming before the Planning and Zoning Board,
the Board shall review the request or appeal
and determine whether the proposed
modification is a major or minor change. In
evaluating the proposal, the Planning and
Zoning Board shall apply the standards set
forth in Section 30-22(D). If the approved
site and development plan would be
significantly changed in terms of these
standards, then the proposal shall be deemed
major and be required to go through the
application, review and approval process as
for an original site and development plan
application. If .the Planning and Zoning
Board determines that the proposal would not
significantly change the approved site and
development plan in terms of these same
standards, then the Planning and Zoning Board
shall determine the requested change as a
minor modification and then either approve,
approve with conditions or deny the requested
change. The Planning and Zoning Board's
decision regarding a minor modification to an
approved site and development plan shall be
final unless appealed.
Any person aggrieved by a decision of the
Planning and Zoning Board regarding minor
modifications to the approved site and
development plan may appeal said decision to
the City Commission; provided that said
appeal is submitted in writing to, and
received by the City Manager or his designee
within ten (10) days of the final decision of
the Planning and Zoning Board.
Section 2. That all ordinances or parts of ordini~nces
in conflict herewith be, and the same are hereby repealed.
Section 3. That should any section or provisio~ 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.
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PASSED AND ADOPTED in regular session on second and final
reading on this the 22nd day of September, 1987.
MAYOR
ATTEST:
Asst. to City 'tlerk
First Reading September 8~ 1987
Second Reading September 22, 1987
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ORD. NO. 73-87