Ord No. 12-17[I ORDINANCE NO. 12-17
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING THE LAND
DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH;
AT ARTICLE 2.4, "GENERAL PROCEDURES", BY AMENDING
SECTION 2.4.7, "PROCEDURES FOR OBTAINING RELIEF FROM
COMPLIANCE WITH PORTIONS OF THE LAND DEVELOPMENT
REGULATIONS", SUBSECTION (E), "APPEALS", TO CLARIFY AND
UPDATE THE PROCEDURES FOR SAME, PROVIDING A CONFLICTS
CLAUSE, A SEVERABILITY CLAUSE, AND AUTHORITY TO CODIFY;
PROVIDING AN EFFECTIVE DATE AND FOR OTHER PURPOSES.
WHEREAS, the City desires to change the Land Development Regulations to amend the procedure to
appeal a final decision of a City board or City staff.
WHEREAS, pursuant to LDR S ction 1.1.6. the Planning and Zoning Board reviewed these
amendments at a public hearing held on 2017 and voted C to approve the amendments; 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; and
WHEREAS, the City Corni-nission, of the City of Delray Beach adopts the findings in the Planning and
Zoning Staff Report; and
WHEREAS, the City Commission of the City of Delray Beach finds the ordinance is consistent with
the Comprehensive Plan and is in the best interests of the City.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the recitations set forth above are incorporated herein.
Section 2. That Article 2.4, "General Procedures", Section 2.4.7, "Procedures for Obtaining Relief
from Compliance with Portions of the Land Development Regulations", Subsection (E) "Appeals", of the
Land Development Regulations of the City of Delray Beach, Florida, is hereby amended to read as follows:
Section 2.4.7 Procedures for Obtaining Relief From Compliance With Portions of the Land
Development Regulations:
T) Appeals: An appeal is a request for a review and reversal of any action which if not
appealed verb. is final. An appeal shall be conducted as a new evidentiary hearing via de nave
., r: in accordance with the City's quasi-judicial procedures. fted shag iaot b Rk a tO the 1-:ee0t-d
below.
(1) Rule: An appeal may be made of an administrative interpretation; er��
or s€ a decision made by an approving body. The appeal of an
administrative interpretation shall be ftppe-idedmade, to the Bboard for which such power
has been granted; an appeal of an approving board's action shall be made to the City Commission. All
such actions are appealable unless an appeal is expressly prohibited.
q- Only the gpplicant and the City Commission may gppeal a decision to the City
Commission
(2) Required Information: Except for an Weal initiated by the City Commission aAn
appeal by -a aggAe�- must be made in writing, directed to the City Clerk, and must provide the
following information:
* The name of the appellant•
* Identification of the action being appealed;
* Identification of who took the action and when it was made;
* The basis of the appeal.
The t-�ef ,
The iiaiiae
(3) Procedure: The following procedures shall be adhered to in the processing of any
appeal:
(a) Reeeipt (3f the lette`f E)ee=�e r i
at v4iieh the Board's aedofa is r-epat-ted to . The appellant shall submit a letter,
accompanied by the appropriate fee to the City Clerk within ten (10) business
days of the decision or action being -appealed
(b)
aet
If the appeal is initiated by the City Commission, a
2
ORD. NO. 12-17
the Board's action is reported.
(c) ,
e`- fi"'• futd ei! esidefatio . The hearing shall be held no more than sixi(60)
calendar days from date of the City Clerk's receipt of the request to appeal or, in
the case of an appeal initiated by the City Commission, no more than sixty (60)
days after the meeting at which the decision to appeal was made, unless both the
appellant and the City Commission or the board hearing the appeal mutually
agree to postpone the hearing,
d) Upon the request of the appellant. the Citv Commission or the board hearin
the appeal grant a one-time postponement of the hearing upon a showing
of good cause. All requests for postponement must be considered at the
meeting prior to the scheduled appeal hearing. All postponement requests shall
be submitted in writing to the City Clerk at least ten (10) days prior to the
meeting upon where the postponement request will be considered. In no case
shall a postponement exceed sixty(60) calendar days.
fe) At the hearing, the subject of the appeal may be granted, granted with
conditions denied or set for further consideration.
(4) Conditions:
(a) The granting of an appeal of an interpretation or application of regulations is
not subject to conditions.
(b) The granting of an appeal pertaining to a decision on a development application
may be conditioned in the same manner as the development application may
have been conditioned originally.
(5) gs Standard of review:
(a)
ifteor-t-eet iii the appliea-tieft of the T-�atioja. The appeal of an
administrative interoretation may be granted upon a finding- that the
administrative officer's interoretadon was plainly erroneous or
inconsistent with the City's ordinances and regulations.
(b)
The appeal
of a decision made by an approving bodv shall be subiect to de novo
3
ORD. NO. 12-17
review and shall not be limited to the record below. The appellant may
offer or submit additional evidence and testimony at the hearing_
Section 3. That should any section or provision of this ordinance, or any paragraph, sentence, or
word thereof, be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the
validity of the remainder of this ordinance as a whole or part thereof other than the part declared to be invalid
Section 4. That all ordinances or parts of ordinances in conflict herewith are hereby repealed.
Section 5. Specific authority is hereby given to codify this Ordinance.
Section 6. That this ordinance shall become effective upon its adoption on second and final
reading.
PASSED AND ADOPTED in regular session on second and final reading on this day of
2017.
ATTEST:
Qty Clerk
First Reading ttldl�f"('
Second Reading i f)� 1-_, 1
ary D. Glickstein, Mayor
4
ORD. NO. 12-17