51-83 ORDINANCE NO. 51-83
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY
BEACH, FLORIDA, AMENDING CHAPTER 30, "ZONING ORDI-
NANCE'', SECTION 30-22, "SITE AND DEVELOPMENT PLAN",
SUBSECTION (F), "MODIFICATION OF AN APPROVED SITE AND
DEVELOPMENT PLAN" OF THE CODE OF ORDINANCES OF THE
CITY OF DELRAY BEACH, FLORIDA; BY CLARIFYING THAT ANY
~DECISION OF THE PLANNING AND ZONING BOARD SHALL BE
APPEALABLE TO THE CITY COUNCIL BY THE APPLICANT
AFFECTED; BY DELETING THAT THE DECISION OF THE
PLANNING AND ZONING BOARD AS TO WHETHER A MODIFICATION
IS MINOR OR MAJOR IS FINAL; PROVIDING A SAVING CLAUSE;
PROVIDING AN EFFECTIVE DATE.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Chapter 30, "Zoning Ordinance", Section 30-22, "Site and Devel-
opment Plan", Subsection (F), "Modification of an approved site and development plan",
of the Code of Ordinances of the City of Delray Beach, Florida, is hereby amended to
read as follows:
(F) MODIFICATION OF APPROVED SITE AND DEVELOPMENT PLAN
No change or modification shall be made to an approved Site and Development
Plan 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. The Planning and Zoning Board shall review
the request, and determine whether the proposed modification is a major or
minor change in the Site and Development Plan. In evaluating the proposal,'
the PIanning and Zoning Board shall apply the standards set forth in Section
30-2~(D)'. If the approved. Site and Development Plan would be significantly
changed in terms of these standards, then the proposal shall be deemed
major, and be required to go through the process for-an original Site and
Development Plan application. If the Planning and Zoning Board determines
that the proposal would not significantly change the approved Site and Devel-
opment Plan in terms of the same standards, then the Planning and Zoning
Board shall have jurisdiction as the final decision-making body to either
approve, approve with conditions or deny the requested modification.
The applicant affected by a decision of the Planning and Zoning Board
re~arding minor modifications to site plans may appeal said decision to the
City Council; provided that said appeal is in writing submitted to, and
received 'by, the cirri Manager or his desi~,nee within ten (10) days of the
final deci.sion of the Planning and Zoning Board.
Section 2. That should any section or provision of this ordinance or any portion
thereof, any paragraph, sentence, or word be declared by a court of competent juris-
diction to be invalid, such decision shall not affect the validitTg 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 (10) days after its
passage on second and final reading.
PASSED AND ADOPTED in regular session on second and final reading on this
the 26th day of July , 1983.
ATTEST:
First Reading July' 12, 1983
Second Reading July 26, 1983
2 ORD. NO. 51-83