13-82 ORDINANCE NO. 13-82
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING CHAPTER 9, "BUILDINGS
AND CONSTRUCTION", ARTICLE XV.5, "DOCKS, DOLPHINS,
FINGER PIERS AND BOAT LIFTS" OF THE CODE OF ORDINANCES
OF THE CITY OF DELRAY BEACH, FLORIDA, BY ADDING A NEW
SUBSECTION 9.53#, "MODIFICATION OF STANDARDS FOR
APPROVAL; APPEAL", TO PROVIDE FOR MODIFICATION OF THE
STANDARDS SET FORTH IN THIS ARTICLE UNDER CERTAIN
CONDITIONS AND UPON RECOMMENDATION BY THE CITY
ENGINEER AND APPROVAL BY CITY COUNCIL, AND PROVIDING
FOR APPEALS TO CITY COUNCIL FOR RECOMMENDATIONS OF
DENIAL OF SUCH MODIFICATIONS; PROVIDING A SAVING
CLAUSE; PROVIDING AN EFFECTIVE DATE.
WHEREAS, due to the physical configurations of certain waterways to which Article
XV.5 are applicable, the City Council of the City of Delray Beach, Florida, deems it to be in the
best interests of the citizens of Delray Beach, Florida, to provide for procedures to obtain
modifications of the standards for approval contained in said Article.
NOW, THEREFORE, BE IT ORDAINED B¥(~THE CITY COUNCIL OF THE CITY OF
DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Chapter 9, "Building and Construction", Article XV.5, "Docks, Dolphins,
Finger Piers and Boat Lifts", of the Code of Ordinances of the City of Delray Beach, Florida, is
hereby amended by adding a new Section 9.53A~, to read as follows.'
Section 9.53t+. Modification of Standards For Approval; Appeals.
(a) Upon the recommendation of the City Engineer, the City Council may
authorize a modification in the standards for approval as set forth in Subsections
9.529(b), 9.529(c), 9.530 (b), 9.531(b), and 9.532(b), above, if it is determined that the
requirements of said subsections would not be feasible or would constitute hardship in a
particular instance, and provided that such a modification would not endanger public
safety and welfare.
(b) Should the City Engineer recommend against any request for modification of
the standards for approval as set forth in subsections 9.529(b), 9.529(c), 9.530(b), 9.531(b),
and 9.532(b), above, the applicant shall have the right to appeal such decision of the City
Engineer to the City Council, by filing a written request to the City Manager within ten
(10) days after such decision of the City Engineer. The City Council shall conduct a
hearing on such appeal at a regular or special council meeting and shall render a decision
within a reasonable time after such hearing.
Section 2. That should any section or provision of this ordinance or any portion thereof,
any paragraph, sentence, or work be declared by a Court of competent iurisdiction 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
23rd day of February ,1982.
LEON M. WEEKES
ATTEST:
~-ty Clerk
First Reading February 9, 1982
Second ReadingFebruar¥ 23, 1982