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33-83 ORDINANCE NO. 33-83 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 30-1, "DEFINITIONS", SUBSECTION (18) "CLUBS" TO AMEND THE DEFINITION TO ADD ADDITIONAL CRI- TERIA AND RESTRICTIONS AS TO WHAT SHALL CONSTITUTE A "CLUB" UNDER THE CITY'S ZONING CODE, AND INCLUDING CER- TAIN EXCLUSIONS FROM SUCH DEFINITIONS; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. WHEREAS, the Planning and Zoning Board at a meeting held on April 18, 1983, unanimously recommended that Section 30-1 (18) be amended to add additional criteria and restrictions as to what shall constitute a "Club" under the City's Zoning Code, and including certain exclusions from such definitions; and, WHEREAS, the City Council of the City of Delray Beach, Florida, deems it to be in the best interests of the residents and citizens of the City of Delray Beach to make such amendment, 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 30-1, "Defini- tions'', Subsection (18) "Clubs", of the Code of Ordinances of the City of Delray Beach, Florida, is hereby amended to read as follows: (18) Club. A building or facility owned or operated by an association, corporation, person or persons, for an educational, recreational, or social purpose, and to which membership is required for participation, but not primarily for profit or to render a service which is customarily carried on as a business. The use of the club's facilities shall be primarily re- stricted to members and their guests. For the pur- pose of this ordinance, a building or facility owned by a residential homeowners association and operated by it for the social, educational, or recreational benefit of its members, and to which membership is reserved exclusively for the on-site residents, shall not be considered a club. 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 reading on this the 24th . day of May , 1983. ATTEST: - ~/ City Clerk First Reading May 10~ 1983 Second Reading May 24, 1983