77-82 ORDINANCE NO. 77-22
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 30-24 (E) (1) AND (4) "NON-CONFORMING
USES OF STRUCTURES AND LAND" RELATIVE TO EXEMPTING ATTEND-
ANT RECREATIONAL FACILITIES OF MULTIPLE FAMILY UNITS AND
RESORT D~ELLiNG UNITS FROM THE RESTRICTIONS WHICH APPLY
TO NON-CONFORMING USES AND STRUCTURES; 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 !. That Section 30-24 (E) (1) an~ (4) "Non-Conforming
Uses of Structures and Land" of the Code of Ordinances of the City of
Delray Beach, Florida, is hereby amended to read as follows:
(i} A s~ructure involving a non-conforming use shall not
be constructed, enlarged, extended, moved, recon-
structed, or structurally altered, except if chang-
ing the non-conforming use to a use allowed in the
zonzng district in which it is located, and except
such structures which are attendant recreational
facilities of multiple family residential dwel.!ing'
unit projects subject to Site and Development Plan
Approval (Sec. 30-22), and except such structures
which are attendant recreational facilities of re-
sort dwelling unit projects subject to Conditional
Use Approval (Sec.30-21).
(4) Should the structure involving a non-conforming use
be destroyed by any means to an extent exceeding
fifty {50%) percent of its replacement cost, such
structure shall not be reconstructed except in con-
formance with the requirements for the zoning dis-
trict in which it is located, and except such struc-
tures which are attendant recreational facilities of
multiple family residentia~ dwelling unit projects
subject to Site and'DeVelopment Plan Approval (Sec.
30-22), and except such structures which are attend-
ant recreational facilities of resort dwelling unit
projects subject to Conditional Use Approval (Sec.
30-21).
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
a~ter ~assage on second and final reading.
PA~ED AND ADOPTED in regular session on second and final reading
on this the 26th day of October , 1982.
ATTEST:
First ~eading October 12, 1982
Second Reading October 26, 1982
- 2 - Or.fi. ::o. 77-32