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Ord 35-06 ORDINANCE NO. 35-06 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRA Y BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRA Y BEACH, FLORIDA, CHAPTER FOUR "ZONING REGULATIONS", BY ENACTING A NEW SUBSECTION 4.3.3(LL), "KIDNEY DIALYSIS CENTERS"; BY ENACTING A NEW SUBSECTION 4.3.3(LLL), "PHARMACIES"; BY ENACTING A NEW SUBSECTION 4.3.3(MM), "GROCERY STORES"; BY ENACTING A NEW SUBSECTION 4.3.3(000), "CLUBHOUSES AND COUNTRY CLUBS", ALL TO PROVIDE THAT CERTAIN KIDNEY DIALYSIS CENTERS, PHARMACIES, GROCERY STORES, CLUBHOUSES AND COUNTRY CLUBS SHALL PROVIDE AUXILIARY POWER GENERATORS WITHIN SPECIFIED TIME FRAMES; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER AND AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Delray Beach, Florida, has the authority to protect the public health, safety and welfare of its citizens; and WHEREAS, the City Commission of the City of Delray Beach, Florida, has determined it to be in the public's best interest to establish regulations to require auxiliary power generators for Kidney Dialysis Centers, Pharmacies, Grocery Stores, and Clubhouses and/or Country Clubs in Residential Communities in order to ensure safety and the availability of necessities including but not limited to food, ice, water, kidney dialysis machines, and medications in the aftermath of a hurricane; and WHEREAS, pursuant to LDR Section 1.1.6, the Planning and Zoning Board reviewed the proposed text amendment at a public hearing held on May 15,2006 and voted 4 to 0 to recommend that the changes be approved. NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRA Y BEACH, FLORIDA AS FOLLOWS: Section 1. That Section 4.3.3 (LL), "Kidney Dialysis Centers", of the Land Development Regulations of the City of Delray Beach, Florida, be, and the same is hereby enacted to read as follows: (].L) Kidney Dialysis Centers: ) (1) Generators: (a) All new kidney dialysis centers that apply for a building permit on or after July 1. 2006 shall provide auxiliary power generators: and (b) All kidney dialysis centers in existence prior to July 1. 2006 shall have two (2) years from the effective date of this ordinance to provide auxiliary power generators: and (c) Generators shall not be dependent on a municipal water supply for cooling purposes: and Cd) Generators shall be desigped and equipped to operate the full capacity of all of the kidney dialysis machines in the facility for a period not less than one hundred twenty (120) hours: and (e) Generators shall be tested at least once a month and a test log shall be maintained for inspection by the City of Delray Beach. upon request. Section 2. That Section 4.3.3(LLL), "Pharmacies", of the Land Development Regulations of the City of Delray Beach, Florida, be, and the same is hereby enacted to read as follows: (].LL) Pharmacies: (1) Generators: (a) All new pharmacies that apply for a building permit on or after July 1. 2006 shall provide auxiliary power generators: and (b) All pharmacies in existence prior to July 1. 2006 shall provide auxiliary power generators within two (2) years of the effective date of this ordinance: and (c) Generators shall not be dependent on a municipal water supply for cooling pw:poses: and (d) Generators shall be designed and equipped to operate the full capacity of the facility for a period of not less than one hundred twenty (120) hours: and 2 ORD NO. 35-06 ( ) (e) Generators shall be tested at least once a month and a test log shall be maintained for inspection by the City of Delray Beach. upon request. Section 3. That Section 4.3.3(MM), "Grocery Stores", of the Land Development Regulations of the City of Delray Beach, Florida, be, and the same is hereby enacted to read as follows: (]viM) Grocery Stores: (1) Generators: (a) All new grocery stores that apply for a building permit on or after July 1. 2006 that are ten thousand (10.000) square feet or larger in size must provide auxiliary power generators: and (b) All grocery stores that are in existence prior to July 1. 2006 and are ten thousand (10.000) square feet or larger in size must provide auxiliary power generators within six (6) years of the effective date of this ordinance or at the time of renovations exceeding twenty-five percent (25%) of the facility value. whichever comes first: and (c) Generators shall not be dependent on a municipal water supply for cooling purposes: and (d) Generators shall be designed and equipped to operate the facility's refrigeration and freezer equipment in addition to basic lighting for customers and employees for a period of not less than one hundred twenty (120) hours: and (e) Generators shall be tested at least once a month and test logs shall be maintained for inspection by the City of Dekay Beach. upon request. Section 4. That Section 4.3.3(000), "Clubhouses and Country Clubs", of the Land Development Regulations of the City of Delray Beach, Florida, be, and the same is hereby enacted to read as follows: (000) Clubhouses and Country Clubs: (1) Generators: (a) All new clubhouses and/or country clubs in residential communities that apply for a building permit on or after July 1. 2006 shall provide auxiliary power generators: and 3 ORD NO. 35-06 (" (b) Generators shall not be dependent on a municipal water supply for cooling purposes: and (c) Generators shall be designed and equipped to operate the full capacity of the facility for a period not less than one hundred twenty (120) hours: and (d) Generators shall be tested at least once a month and a test log shall be maintained for inspection by the City of Delray Beach. upon request. Section 5. That should any section or proVls1on of this ordinance or any portion thereof, any paragraph, sentence, clause 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 hereof other than the part declared invalid. Section 6. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 7. final reading. That this ordinance shall become effective upon its passage on second and ~PASSED AND ADOPTED in regular session on second and final reading on this the Ok>'\'--dayof '<::rVi\L ,2006. ATTEST: ~~~q(~ FirstReading~ Second Reading LR\ c;l.o\ Olo c~~f:A.- 4 ORD NO. 35-06 MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER SUBJECT: A ENDA ITEM ORDINANCE NO. 35-06 DATE: JUNE 16, 2006 This Ordinance is before Commission for second reading and public hearing for a City initiated amendment to Land Development Regulations (LDR) Section 4.3.3, "Specific Requirements for Specific Uses", to require the installation of generators for certain critical facilities. The amendment will apply to all new requests for grocery stores, kidney dialysis centers, pharmacies, residential buildings with elevators, country clubs, and/or clubhouses in residential communities. The amendment, which will also require the retrofitting of most existing facilities with varying timeframes ranging from two (2) years to six (6) years, is being processed to ensure public safety and the availability of necessities in the aftermath of a hurricane. On May 15, 2006, the Planning and Zoning Board held a public hearing in conjunction with the request. There was no public testimony. After reviewing the staff report and discussing the proposal, the Board voted 4-0 to recommend to the City Commission approval of the proposed amendment. Staff recommends approval by adopting the findings of fact and law contained in the staff report; finding that the request is consistent with the Comprehensive Plan; and finding that the request meets the criteria set forth in the Land Development Regulations (LDR) 2.4.5(M) (Amendment to Land Development Regulations). At the first reading on June 6, 2006, the City Commission passed Ordinance No. 35-06. Recommend approval of Ordinance No. 35-06 on second and final reading. S:\City Clerk\agenda memos\Ord 35-06 Generator Critical Facilities 062006 Kucmerowski, Carolanne Page I of I cK fJJ1 From: Barton, Terrill Sent: Tuesday, June 06, 200610:56 AM To: Harden, David Cc: Koen, Kerry; Kucmerowski, Carolanne Mr. Harden, Attached please find the revised ordinance regarding generators. I took out all references to gasoline stations since state law does preempt it pursuant to Senate Bi1l2386. This revised draft should be substituted for the earlier draft that was sent over and should be able to go on the agenda for first reading tonight since it was not published. Thanks. Terrill C. Barton, Assistant City Attorney 200 NW 1 st Avenue Delray Beach, FL 33444 (561) 243-7090 6/6/2006 ~~ ~\\~ <\.)\~\~IIf\UL ).Jc;::)' 3<5-0lo ~ ~ 1 \;t~ ORDINANCE NO. 35-06 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRA Y BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH, FLORIDA, CHAPTER FOUR "ZONING REGULATIONS", BY ENACTING A NEW SUBSECTION 4.3.3(LL), "KIDNEY DIALYSIS CENTERS"; BY ENACTING A NEW SUBSECTION 4.3.3(LLL), "PHARMACIES"; BY ENACTING A NEW SUBSECTION 4.3.3(MM), "GROCERY STORES"; BY ENACTING A NEW SECTION 4.3.3(00), "MULTIFAMILY RESIDENTIAL BUILDINGS EQUIPPED WITH ELEVATORS"; BY ENACTING A NEW SUBSECTION 4.3.3(000), "CLUBHOUSES AND COUNTRY CLUBS", ALL TO PROVIDE THAT CERTAIN KIDNEY DIALYSIS CENTERS, PHARMACIES, GROCERY STORES, RESIDENTIAL BUILDINGS WITH ELEVATORS, CLUBHOUSES AND COUNTRY CLUBS SHALL PROVIDE AUXILIARY POWER GENERATORS WITHIN SPECIFIED TIME FRAMES; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER AND AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Delray Beach, Florida, has the authority to protect the public health, safety and welfare of its citizens; and WHEREAS, the City Commission of the City of Delray Beach, Florida, has determined it to be in the public's best interest to establish regulations to require auxiliary power generators for Kidney Dialysis Centers, Pharmacies, Grocery Stores, Residential Buildings with Elevators, and Clubhouses and/or Country Clubs in Multifamily Residential Communities in order to ensure safety and the availability of necessities including but not limited to food, ice, water, kidney dialysis machines, and medications in the aftermath of a hurricane; and WHEREAS, pursuant to LDR Section 1.1.6, the Planning and Zoning Board reviewed the proposed text amendment at a public hearing held on May 15,2006 and voted 4 to 0 to recommend that the changes be approved. NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRA Y BEACH, FLORIDA AS FOLLOWS: Section 1. That Section 4.3.3 (LL), "Kidney Dialysis Centers", of the Land Development Regulations of the City of Delray Beach, Florida, be, and the same is hereby enacted to read as follows: (LU Kidney Dialvsis Centers: (1 ) Generators: (a) All new kidney dialysis centers that apply for a building permit on or after July 1. 2006 shall provide auxiliary power generators: and (b) All kidney dialysis centers in existence prior to July 1. 2006 shall have two (2) years from the effective date of this ordinance to provide auxiliary power generators: and (c) Generators shall not be dependent on a municipal water supply for cooling purposes: and (d) Generators shall be designed and equipped to operate the full capacity of all of the kidney dialysis machines in the facility for a period not less than one hundred twenty (120) hours: and (e) Generators shall be tested at least once a month and a test log shall be maintained for inspection by the City of Delray Beach. upon request. Section 2. That Section 4.3.3(LLL), "Pharmacies", of the Land Development Regulations of the City ofDelray Beach, Florida, be, and the same is hereby enacted to read as follows: (LLL) Pharmacies: (1 ) Generators: (a) All new pharmacies that apply for a building permit on or after July 1. 2006 shall provide auxiliary power generators: and (b) All pharmacies in existence prior to July 1. 2006 shall provide auxiliary power generators within two (2) years of the effective date of this ordinance: and (c) Generators shall not be dependent on a municipal water supply for cooling purposes: and (d) Generators shall be designed and eauipped to operate the full capacity of the facility for a period of not less than one hundred twenty (120) hours: and (e) Generators shall be tested at least once a month and a test log shall be maintained for inspection by the City of Delray Beach. upon request. Section 3. That Section 4.3.3(MM), "Grocery Stores", of the Land Development Regulations of the City of Delray Beach, Florida, be, and the same is hereby enacted to read as follows: (MM) Grocery Stores: 2 ORD NO. 35-06 (I) Generators: (a) All new grocery stores that apply for a building permit on or after July 1. 2006 that are ten thousand (10.000) square feet or larger in size must provide auxiliary power generators~ and (b) All grocery stores that are in existence prior to July 1. 2006 and are ten thousand (10.000) square feet or larger in size must provide auxiliary power generators within six (6) years of the effective date of this ordinance or at the time of renovations exceeding twenty-five percent (25%) of the facility value. whichever comes first and (c) Generators shall not be dependent on a municipal water supply for cooling purposes: and (d) Generators shall be designed and equipped to operate the facility's refrigeration and freezer equipment in addition to basic lighting for customers and employees for a period of not less than one hundred twenty (120) hours: and ( e) Generators shall be tested at least once a month and test logs shall be maintained for inspection by the City of Del ray Beach. upon request. Section 4. That Section 4.3.3(00), "Multifamily Residential Buildings Equipped with Elevators", of the Land Development Regulations of the City of Delray Beach, Florida, be, and the same is hereby enacted to read as follows: (00) Multifamily Residential Buildings Equipped with Elevators: (1 ) Generators: (a) All new multifamily residential buildings equipped with elevators that apply for a building permit on or after July 1. 2006 shall provide auxiliary power generators for all interior corridor lighting and exit signs and at least one (1) elevator: and (b) all multifamily residential buildings that are equipped with elevators that are in existence ~rior to July I. 2006. shall provide auxiliary power generators for all interior corridor lighting and exit signs and at least one (1) elevator within three (3) years ofthe effective date of this ordinance: and 3 ORD NO. 35-06 (c) Generators shall not be deoendent on a municipal water supply for cooling: purposes: and (d) Generators shall be designed and equipped to operate the full capacity of the equipment being served for a period not less than one hundred twenty (120) hours: and (e) Generators shall be tested at least once a month and a test log shall be maintained for inspection by the City of Delray Beach. upon request. Section 5. That Section 4.3.3(000), "Clubhouses and Country Clubs", of the Land Development Regulations of the City of Delray Beach, Florida, be, and the same is hereby enacted to read as follows: (000) Clubhouses: (1 ) Generators: (a) All new clubhouses and/or country clubs in residential communities that apply for a building permit on or after July 1. 2006 shall provide auxiliary power generators: and (b) Generators shall not be dependent on a municipal water supply for cooling purposes: and (c) Generators shall be designed and eauiPved to operate the full capacity of the facility for a period not less than one hundred twenty (120) hours: and (d) Generators shall be tested at least once a month and a test log shall be maintained for inspection by the City of Delray Beach. upon request. Section 6. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, clause 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 hereof other than the part declared invalid. Section 7. hereby repealed. That all ordinances or parts of ordinances in conflict herewith be, and the same are Section 8. reading. That this ordinance shall become effective upon its passage on second and final PASSED AND ADOPTED in regular session on second and final reading on this the , 2006. day of 4 ORD NO. 35-06 ATTEST: City Clerk MAY 0 R First Reading Second Reading 5 ORD NO. 35-06 (l$of TO: FROM: DAVID T. HARDEN, CITY MANAGER PAUL DORLlNG, DIRECTOR OF PLANNING & ZONING'I11-.J-?r1t:-~ Ir- SUBJECT: MEETING OF JUNE 6, 2006 - REGULAR AGENDA CONSIDERATION OF A CITY-INITIATED AMENDMENT TO THE LAND DEVELOPMENT REGULATIONS SECTION 4.3.3. "SPECIAL REQUIREMENTS FOR SPECIFIC USES" TO REQUIRE THE INSTALLATION OF GENERATORS FOR CERTAIN CRITICAL FACILITIES. The item before the City Commission is approval of City-initiated amendment to the Land Development Regulations Section 4.3.3. "Special requirements for specific uses" to require generators for certain critical facilities. The City-initiated amendment to the Land Development Regulations is being processed in the public's best interest to ensure safety and the availability of necessities including but not limited to gasoline, food, ice, water, kidney dialysis machines, and medications in the aftermath of a hurricane. The requirements to install generators will apply to all new requests for service stations, grocery stores, kidney dialysis centers, pharmacies, residential buildings with elevators, country clubs and/or clubhouses in residential communities. The amendment will also require the retrofitting of most existing facilities with varying time frames ranging from two years to six years. Retrofitting of existing gasoline stations will be required only if and when new pumps and tanks are installed. Existing clubhouses are not be included in the retrofitting requirement. The Planning and Zoning Board held a public hearing on this request on May 15, 2006. and the Board voted 4 to 0 to recommend to the City Commission approval of the amendment to Land Development Regulations by adopting the findings of fact and law contained in the staff report and finding that the requests are consistent with the Comprehensive Plan and meets criteria set forth in Section 2.4.5{M) of the Land Development Regulations. Approve the amendments to Land Development Regulations City-initiated amendment to the Land Development Regulations Section 4.3.3{J) [gasoline station], 4.3.3{LL) [Kidney Dialysis Centers] 4.3.3(LLL) [Pharmacies], 4.3.3{MM) [Grocery Stores], 4.3.3(00) [Multifamily Residential Buildings Equipped with elevators] and 4.3.3(000) [Clubhouses and Country Clubs] requiring generators for new facilities along with the retrofitting of certain existing facilities by adopting the findings of fact and law contained in the staff report and finding that the request is consistent with the Comprehensive Plan and meets criteria set forth in Section 2.4.5{M) of the Land Development Regulations. Attachment: · Proposed Ordinance . May 15. 2006 Planning and Zoning Staff Report \~Q. [IT' DF DEL AY BER[H CITY ATTORNEY'S OFFICE \\\ !,:\VL\I i 'i \' R.\Y BEACH. FLORIDA 33444 : i i !'lll )\1. ~(, . FACSIMILE: 561/278-4755 Writer's Direct Line: 561/243-7090 DELRAY BEACH f lOR I D ^ ~ All-America City , 1111: DATE: 1993 TO: 2001 MEMORANDUM May 25, 2006 City Commission David T. Harden, City Manager ~ FROM: Terrill Barton, Assistant City Attorney SUBJECT: Ordinance No. 35-06 - Generators for Critical Facilities Please place the attached ordinance on the agenda for first reading for June 6, 2006 for City Commission consideration. TCB:smk Attachment cc: Chevelle Nubin, City Clerk Chief Koen MEETING DATE: May 15, 2006 AGENDA NO.: IV. F. AGENDA ITEM: CONSIDERATION OF A CITY-INITIATED AMENDMENT TO THE LAND DEVELOPMENT REGULATIONS SECTION 4.3.3. "SPECIAL REQUIREMENTS FOR SPECIFIC USES" TO REQUIRE THE INSTALLATION OF GENERATORS FOR CERTAIN CRITICAL FACILITIES. The item before the Board is that of making a recommendation to the City Commission regarding a City-initiated amendment to the Land Development Regulations Section 4.3.3. "Special requirements for specific uses" to require generators for certain critical facilities. Pursuant to Section 1.1.6., an amendment to the text of the Land Development Regulations may not be made until a recommendation is obtained from the Planning and Zoning Board. The City-initiated amendment to the Land Development Regulations is being processed in the public's best interest to ensure safety and the availability of necessities including but not limited to gasoline, food, ice, water, kidney dialysis machines, and medications in the aftermath of a hurricane. The requirements to install generators will apply to all new requests for service stations, grocery stores, kidney dialysis centers, pharmacies, residential buildings with elevators, country clubs and/or clubhouses in residential communities. The amendment will also require the retrofitting of most existing facilities with varying time frames ranging from two years to six years. Existing clubhouses will not be included in the retrofitting requirement. LDR Section 2.4.5(M)(5) (Findinas): Pursuant to LDR Section 2.4.5(M)(5) (Findings), in addition to LDR Section 1.1.6(A), the City Commission must make a finding that the text amendment is consistent with and furthers the Goals, Objectives and Policies of the Comprehensive Plan. The Goals, Objectives and Policies of the City's Comprehensive Plan were reviewed and no specific goals, objectives or policies were found. While the amendment does not further any specific Goal, Policy or Objectives of the Comprehensive Plan it is not inconsistent with them. Courtesy Notices: Given the nature of this amendment no specific groups were given individual courtesy notices. IV.F. Planning and Zoning Board Memorandum Staff Report, May 15, 2006 Amendment to LDR Section 4.3.3. Letters of objection and support, if any, will be provided at the Planning and Zoning Board meeting. The City-initiated amendment to LOR Section 4.3.3. is to provide requirements for the installation of generators with development of new critical facilities and provide requirements for the retrofitting of existing critical facilities within specified time frames. The proposed amendment is consistent with the Goals, Objectives and Policies of the Comprehensive Plan. Recommend approval of the City-initiated amendment to the Land Development Regulations Section 4.3.3(J) [gasoline station], 4.3.3{LL) [Kidney Dialysis Centers] 4.3.3(LLL) [Pharmacies], 4.3.3(MM) [Grocery Stores], 4.3.3(00) [Multiple Residential Buildings Equipped with elevators] and 4.3.3(000) [Clubhouses and Country Clubs] requiring generators for new facilities along with the retrofitting of certain existing facilities by adopting the findings of fact and law contained in the staff report and finding that the request is consistent with the Comprehensive Plan and meets criteria set forth in Section 2.4.5(M) of the Land Development Regulations. Attachment: · Proposed Ordinance 2 CC' 34 Boca Raton/Oelray Beach News - Friday/Saturday, June 9-10,2006 . www.bocanews.com ~()f ~ 100 ANNOUNCEMENTS 101 Legal :\ otices CITY Of DELRAY BEACH, flORIDA NOTICE OF PUBUC HEARING A PUBLIC HEARING wi! be held 011 the fottowing proposed OI'dinances at 7:00 p.m. on TUESDAY. JUNE 2(). 2006 or at any continuation at such meeting which is set by the Commisslon). in the City Commissiln Chambers. 100 N'w 1st Avenue, Del- ray Beach, Florida, at which time the City Commission will consider 1heir adoption. The proposed ordinances may be inspected at the 0Ifice of the ' Ci1y Clerk at City HaU. 100 N,W 1st Avenue. Oelray Beach. -Aorida..-be- tween the hours of 6:00 a.m. and 5:00 p.m._ Monday through -Friday, except hoIidays_ AH inlefeste<j- parties are in- vited to attend and be heard with re- spect 10 the'proposed ordinances. ORDINANCE NO. 31.ij6 AN ORDINANCE OF THE CITY COM- MISSION OF THE CITY'OF DELRAY BEACH, FLORIDA. AMENDING CHAPTER 32. 'DEPARTMENTS, BOARDS AND COMMISSIONS'. BY AMENDING SECTION 32.06. "COMPOSITION OF BOARDS AND COMMITTEES; GENERALLY; SEC- TION 32.07. "MEMBERSHIP QUAl- IRCATlONSIREQUIREMENTS; AND SECTION 32.08, . 'LENGTH' OF TERMS; RESTRICTIONS", TO PRa- VIDE THAT MEMBERSHIP OF A BOARD MAY BE ESTABUSHED BY RESOLUTION AND TO PERMIT OTHER CITY BOARD MEMBERS-TO SIT ON THE UNITY COLLABORA. TlVE: PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE. AND AN EFFECTIVE DATE. ORDINANCE NO. 32-G6 AN ORDINANCE OF THE CITY COM- MISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND PRESENTLY ZONED MEDIUM DENSITY RESI- DENTIAL (RM) DISTRICT TO coM. MUNITY FACILITIES (CF) DISTRICT: 101 Legal :\otices SAID LAND BEING TWO PARCELS LOCATED APPROXIMATELY 57 FEET NORTH OF SW 2ND STREET AND EXTENDING BETWEEN SW 11TH AVENUE AND SW 12TH AVE- NUE. AS MORE PARTICULARLY DE. SCRIBED HEREIN; AMENDING "ZONING MAP Of DELRAY SEACH, FLORIDA. MARCH 2006" PROVID- ING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. ORDINANCE NO, 34-00 AN ORDINANCE OF THE CITY COM- MISSION OF THE CITY Of DELRAY BEACH, flORIDA, AMENDING'SEC- TlON 37.45. .SUPPLEMENTAL CODE ENFORCEMENT PROCE- DURES". OF THE CODE OF ORDI. NANCES BY REPEALING IT IN ITS ENTIRETY AND ENACTING A NEW SECTION 37.45. .SUPPllEMEN,AL CODE _ ENFORCEMENT PROCE- DURES-: PROVIDING FOR A HEAR- ING OFFICER TO HEAR CIVIL VIO- LATION APPEALS; PROVIDING FOR PENALTIES, IMPOSITION, A.ND COLLECTION OF LIENS; PROViD. ING FOR CIVIL OFFENSES; PRO- VIDING FOR PAYMENT FOR SER- VICES .AND OUAlIFICATlONS OF HEARING OFFICERS; PROVIDING FOR -tHE ESTABLISHMENT OF CIV- IL VIOLATION PROCEDlJRES; PRO- VIDING FOR THE ESTABLISHMENT OF CIVIL PENALTIES FOR VIOLA- TIONS; PROVIDING FOR IMPOSI- TION AND COLLECTION OF CIVIL PENALTIES: PROVIDING FOR AP. PEALS; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE: AND AN EFFECTIVE DATE. ORDINANCE NO, 35-G6 AN ORDINANCE Of THE CITY COM. MISSION Of THE CITY OF DELRAY BEACH, flORIDA, AMENDING THE LAND DEVELOPMENT REGULA- TIONS OF THE CITY OF DELRAY BEACH, FLORIDA, CHAPTER FOUR "ZONING REGULATIONS". BY EN- ACTING A NEW SUBSECTION 4.3.3(Ll.), "KIDNEY DIALYSIS CEN- TERS";BY ENACTING A NEW SUB- SECTION 4.3.3{LLL). "PHARMACIES"; BY ENACTING A NEW SUBSECTION 4.3.3(MM). "GROCERY STORES'; BY ENACT- ING A NEW SECTION 4.3.3(00), "MULTIFAMILY RESIDENTIAL BUILDINGS EQUIPPED WITH ELE- VATORS"; BY ENACTING A NEW SUBSECTION 4:3:3(000). "CLUBHOUSES AND COUNTRY CLUBS-, ALL TO PROVIDE THAT CERTAIN KIDNEY DIALYSIS CEN. TERS. PHARMACIES, GROCERY 10 I Legal !'iotices , ~ STORES. RESIDENTIAL BUILDINGS WITH ELEVATORS, CLUBHOUSES AND COUNTRY CLUBS SHAlL PRO- VIDE AUXILIARY POWER GENERA- TORS WITHIN SPECIFIED TIME FRAMES; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER AND AN EFFECTIVE DATE. Please be advised that if a peisoo de- cides tollpi)eal any decisiOf'l made by the City Commission with respect 10 any matter cOnsidered at these hear. logs. such person may need to ensure that a verbatim record includes the testimony' and evidence upon which the appeal is to !:Ie based. The City does not provide nor prepare such record. Pursuant to ES. 286_0105 CITY OF OElRAY BEACH Chevelle O.Nubin City Clerk PUBLISH: Friday, June 9,2006 Boca RatonlDelray Beach News ") , L (J/Lf) { a.-tL~