73-81 ORDINANCE NO. 73-8i
AN' ORDINANCE OF' THE CITY COUNCIL OF' THE CITY OF DELRAY
BEACH, FLORIDA, AMENDING CHAPTER 16, "OFFENSES-MISCEL-
LANEOUS"', ARTICLE II, "NOISE CONTROL", OF THE CODE OF
ORDINANCES OFJ THE CITY OF DELRAY BEACH, FLORIDA, BY
AMENDING SECTION 16--35 (d) "NOISES PROHIBITED ", BY ADDING
A NEW SUBSECTION (6) PERMITTING THE CITY MANAGER ONE--
TIM~, r. IMITED DURATION SPECIAL. VARIANCES UNDER CERTAIN
CIRCUMSTANCES;- PROVIDING A SAVING. CLAUSE; PROVIDING AN'
EFFEC=IVE DATE.
NOW,- THEREFORE,~ BE I~' ORDAINED B~ THE CITY COUNCIL OF THE CITY OF
DELRA~ BEACH, FLORIDA r AS. FOLLOWS:
Section 1. That Section 16-35(d), "Noises Prohibited"' of them
Code of Ordinances of the City of Delray Beach, Florida, is hereby amended
by adding a new~ subsectio~ (6) to read as. follows:
(6) The City Manager shall have. concurrent authority to grant
special variances requested pursuant to this Article, which
may be granted by the City Manager provided:
(a) The applicant supplies information proving- compliance
with the standards set forth in Section 16-35(d)(3),
above; and,
(b) The same. or a similar application (for the same proper-
ty or event) has not been. granted or denied by the
Boar~ of Adjustment or the City Manager within the
preceding one year.
(c)That such special variance by the City Manager shall
not exceed ten (10) calendar days in duration.
Provided f%Lrther that there shall be no appeal to the Board
of Adjustment from the decision of the City Manager concern-
ing such a request for a special variance.
Section 2. That shoul~ any section or provision of' this ordi-
nance or any portion thereof, any paragraph, sentence, or word be declared
by ~ 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 immedi-
ately upon passage, on second and final reading.
PASSED AND ADOPTED in regular session on second and final reading
on this the 10th day of November , 1981.
LEON M. WEEKES
ATTEST:
First Reading October 27, 1981
Second Reading November 10, 1981