Ord No. 38-17 ORDINANCE NO. 38-17
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AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING THE LAND
DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY
BEACH; BY AMENDING ARTICLE 2.4 "GENERAL
PROCEDURES",SECTION 2.4.5"PROCEDURES FOR OBTAINING
DEVELOPMENT APPROVALS", SUB-SECTION 2.4.5(A)
"AMENDMENTS TO THE COMPREHENSIVE PLAN" AND
REPEALING CHAPTER 9,"THE COMPREHENSIVE PLAN"IN ITS
ENTIRETY, PROVIDING A CONFLICTS CLAUSE AND A
SEVERABILITY CLAUSE; PROVIDING AN EFFECTIVE DATE;
AND FOR OTHER PURPOSES.
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WHEREAS,pursuant to LDR Section 1.1.6,the Planning and Zoning Board reviewed these
amendments at a public hearing held on September 18, 2017 and voted 6 to 0 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
I' WHEREAS, the City Commission, of the City of Delray Beach, adopts the findings in the
Planning and Zoning Staff Report; and
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WHEREAS,the City desires to update its Land Development Regulations to reflect changes
to the Florida Statutes with respect to the procedures and processing of comprehensive plan
amendments; and
WHEERAS, 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 2.4.5 "Procedures For
Obtaining Development Approvals", Sub-Section 2.4.5(A) "Amendments to the Comprehensive
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j' Plan' of the Land Development Regulations of the City of Delray Beach, Florida, shall hereby be
amended to read as follows:
Section 2.4.5(A) Amendments to the Comprehensive Plan. Amendments to the
Comprehensive Plan shall be processed pursuant to AA4ele°2Section 163.3184 through 163.3253 j
Florida Statutes as maybe amended.
Section 3. That Chapter 9, The Comprehensive Plan of the Land Development
Regulations of the City of Delray Beach, Florida, is hereby repealed in its entirety as follows:
Chapter-9 THE COMPREHENSIAT PLAN
provides j,
b
the G.,,,,prehensiye Ula„
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ARTICLE 9.1. ADOPTION OF T14E !Yl1R/fDl?T',IMNSIA7Ti' PLAN
• tt
The State of Florida has maeted the
Land De-velepmefft Wation n
b � I
163.3243. The City Commission of the City of Delray-Beaeh has by Ofdinftnee 82 89, enaeted &H
> > it it
See. 9.1.2. The Future Land Use A/f.,..
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the City adopted a Future Land Use Map. Said Map isdeelared to be the Offleial F+Aure Land Use Map and shaH be mairAained in the same mannef as is
fl+e Offiekd Zoning Map.
ARTICLE j
. .
AMENDMENT AND MODIFICATION OF THE PLAN
See. 9.2.1. Amendment of the r,,mpr„t,,,. sWe ply
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Comprehensive Plan. The other ame-ndmerAs shall be initiated in the month of June and sha4l foeus
upo individual deve4opment items and
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es to the Future Land Use Map. The purposeeontent and met-hod of fevie-w of amendmeiAs to the Compfehensi-ve Plan shall be Made Pufsl
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to F.S. 163.3187 an 1 tit 21'7'7(2)(b) �o or�r�o..s•; +o
SCin (� 7 '1 XT �-' ir��irnm�.0�1�
ee..2.2. �Gi+T'CG1 R11tiitL{nts.
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!� ORD. NO. 38-17
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p O 7 2 Amendments orad.
The-P 11 V dme + 1ave 1een ' to the ( - b - 111
by
Ordinane 52-9-0
November
1 ,
by lAimende by
Amended by iMnelided
dinanee 29 04
C)r-dinaftee 74 91 Ordinanee 3297 or
Oc4ober 8, 1991 Deeembe-r 9, 1997- Oe4ebof 19-,2-004
Ammd i b y
Amended by i'
AOfdinanee 28 92 &-tended
b,by'ro �5c--z4�3�
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�Amended by Amended by
Ofdinaftee 52 93 I it
Ofdinanee 63 92 Ofdinanee 14 99 Ordi e 5566 05
P 2799
September 2&,-199-3-
Amended by Ammdod by
,
by
Amended by Amei+ded
' ,
i
-4-994 Se-i3tembef
by Amended
Amen ed
Ofdinafleo 94 94 Oi:dinaftee 21
-00
Deeembef 6, 1994 Peoember-55-2000
by
Ordinanee 47 95. Ordinance 2701i
Au��, i995 Oc4ober-21-244
Amended bY Amended by
Or-dkiemee 44 1-) Ordinanee
01
,
by
Amended by
Ordinanee 69 95 Or-dina-nee 16 02
Amended Ammded by
DeeeffAaef-&, i995 Oetober- 15,-2002--manee 36 96 Ordinanee
47 0 Septembef 47—, 19% Apfil 5, 20031
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ORD. NO. 38-17
1CLE 9.3. IMPLEMENTATION OF THE COAUR H NSIV UL+
r �
wee. 9.3 Goals, objeetives and po i.iesConTrehensive Phe .
The Plm+ning and Zoning Board shall evefsee the progress made in implemel4afien of the
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See. 9.3.2. Programs and activities;
impleFaenlation of the Plan in aeeor-danee with PaA V.A. .
Section 4. Repeal of Conflicting Ordinances. All or
dinances or
arts thereof or
arts
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of the Code conflicting or inconsistent with the provisions of this ordinance are hereby repealed.
Section 5. Severability. If any word, clause, sentence,paragraph, section or part thereof
contained in this Ordinance is declared to be unconstitutional,unenforceable,void or inoperative by a
court of competent jurisdiction, such declaration shall not affect the validity of the remainder of this
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ordinance.
Section 6. Inclusion in Code. This ordinance shall be codified in the Code of Ordinances
of the City of Delray Beach,Florida.
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Section 7. Effective Date. The provisions of this Ordinance shall become effective
immediately upon adoption.
PASSED AND ADOPTED in regular session on second and final reading on this 7th day of
November, 2017.
Cary D. Glickstein,Mayor
ATTEST:
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City Clerk,
First Reading: October 17, 2017
Second Reading:November 7,2017
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ORD. NO. 38-17
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APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
BY:
f
�. Max Lo ity homey
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L�
y
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ORD. NO. 38-17
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