81-83 ORDINANCE NO. 81-83
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY
BEACH, FLORIDA, AMENDING CHAPTER 30, '~ONING ORDINANCE",
SECTION 30-21, "CONDITIONAL USES" SUBSECTION (F), MODIFICATION
OF APPROVED CONDITIONAL USE", 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 APPEAL-
ABLE TO THE CITY COUNCIL BY A PER~ON AGGRIEVED; BY DELETING
THAT THE DECISION OF THE PLANNING AND ZONING BOARD AS TO
V;HETHER A MODIFICATION OF APPROVED CONDITIONAL USE IS
MINOR OR MA3OR IS FINAL; PROVIDING A SAVING CLAUSE; PROVID-
ING AN EFFECTIVE DATE.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
DELRAY BEACH, FLORIDA, AS FOLLOV;S:
Section 1. That Chapter 30 "Zoning Ordinance", Section 30-21, "Conditional Uses",
Subsection (F), "Modification of Approved Conditional Use" of the Code of Ordinances of the City of
Delray Beach, Florida is hereby amended to read as follows:
(F) MODIFICATION 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. The Planning and Zoning Board
shall review the reques'~, and determine whether the proposed modifi-
cation is a major or minor change .in the conditional use. In
evaluating the proposal, the Planning and Zoning Board shall apply
.the s~andards set forth in Section 30-21(D). If :he approved condi-
_. tional use would be significantly changed in terms of these s'candards,
then the proposal shall be deemed major, and be required to go
through :he process for an original conditional use application. If the
Planning and Zoning Board determines that the proposal would not
signLficantiy change the approved conditional use in terms of the
same standards, then the Planning and Zoning [~oard shah have
jurisdiction as the final decisionarnaking body to either approve,
approve with conditions, or deny the requested modification.
Any perso.n aggrieved by a decision of the Plannin~ and ZoninK Board
re~ardinK minor modi. fications to the conditional use may appeal said
decision to the Ci~/ Council~ provided that said appeal is in writi, n~
submH:~ed to~ and received by the City ManaKer or his designee
within ten (10) days of the final decision of the Planning and Zonin~
Board.
Section 2. That should any section or provision of this ordinance or any portion thereof,
· ny paragraph, sentence, or word be declared by a Court of competent jurisidiction to be invalid, such
:~ecision shall mot affect the validity of the remainder hereof as a whole or pai-t thereof other than the
2art declared to be invalid.
Section 3. That this ordinance shall become effective immediately after its passa§e on
seconal'and final reading.
PASSED AND ADOPTED in regular session on second and final reading on this the 8th ~
day of November , 1983.
ATTEST:
~- City Clerk
First ReadinK October 25, 1983
Second Reading November 8 , 1983
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