21-84 ORDINANCE NO. 21-84
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY
BEACH , FLORIDA, AMENDING CHAPTER 30 "ZONING" , SECTION
30-21, "CONDITIONAL USES", OF THE CODE OF ORDINANCES OF
THE CITY OF DELRAY BEACH, FLORIDA, BY REPEALING SECTION
30-21(F), "MODIFICATION OF APPROVED CONDITIONAL USE", AND
ENACTING A NEW SECTION 30-21(F) "MODIFICATION OF APPROVED
CONDITIONAL USE", BY ALLOWING ADMINISTRATIVE APPROVAL OF
NON-IMPACTING SITE PLAN ~ODIFICATIONS; PROVIDING AN
APPEAL PROCEDURE FROM STAFF DECISIONS TO THE PLANNIN~ AND
ZONING BOARD AND ESTABLISHING A $100.00 FEE FOR ~INO~
SITE PLAN MODIFICATION S; PROVI DING A SAVING CLAUSE;
PROVIDING AN EFFECTIVE DATE.
NOW, THERSFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
DELRAY BEACH, FLORIDA, AS FOLLOWS:
'S~ction 1% That Chapter 30 "Zoning", Section 30-21(F) "Modifi-
cation of Approved Conditional Use", of the Code of Ordinances of the City
of Delray Beach, Florida, is hereby repealed and a new Section 30-21(F),
"Modification of Approved Conditional Use", is hereby enacted to read as
follows:
(F) 5DDIFICATION OF~APPROVED~CONDITIONAL-USE
No change or modification shall be made to an approved
conditional use 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 Plannin9 Director shall approve non-impacting
changes as set forth in this subsection. The Planning
Director shall determine whether the proposed modifica-
tion is (1) non-impacting, or (2) major or manor. 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 30-21(D).
If there is no obvious effect on the approved conditional
use, 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 shall
approve the proposed change as a non-impacting modifica-
tion. The Planning Director's decision regarding a
non-impacting modification to an approved conditional use
shall be final unless appealed.
Any person aggrieved by the decision of the Planning
Director that the proposed modification is non-~mpacting
may appeal that decision to the Planning and Zonin~
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 ~n ap-
proved conditional use coming before the Planning and
Zoning Board, the Planning and Zoning 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 30-21(D). If the
approved conditional use would be significantly changed
~n terms of these standards, then the proposal shall be
deemed major, and be required to go through the applica-
tion, review, and approval process as for an original
conditional use application. If the Planning and Zoning
Board determines t~at the proposal would not signifi-
cantly change the approved conditional use in terms of
these same standards, then the Planning and Zoning Boara
shall either approve, approve with conditions, or den~
the requested change as a minor modification. The Plan-
ning and Zoning Board's decision regarding a minor modi-
fication to an approved conditional use shall be final
unless appealed.
Any person aggrieved by a decision of the Planning and
Zoning Board regarding minor modifications to the ap-
proved conditional use may appeal said decision to the
City Council; provided that said appeal is in writing
submitted to, and received by the City Manager or his
designee within ten (10) days of the final decision of
the Planning and Zoning Board.
No fee shall be charged for a non-impacting modification.
A one hundred dollar ($100.00) fee shall be charged for a
minor modification, and the fee for a major modification
shall be the same as that for an original application.
section 2. That should any section or provision of this ordi-
nance 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~. That this ordinance shall become effective ten days
after passage on second and final reading.
PASSED AND ADOPTED in regular session on second and final reaalng
on this the -24th ' ~ day of ~A~ril , 1984.
ATTEST:
City Clerk
First B~ading MarCh '2'7~ 1984
Second Reading - April 24~ 1984
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