05-78 EMERGENCY ORDINANCE NO. 5-78
AN EMERGENCY ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 29
"ZONING" OF THE CODE OF ORDINANCES OF THE CITY OF
DELRAY BEACH, FLORIDA, BY AMENDING THE SECOND
PARAGRAPH OF SECTION 29-6(P)(1), SECTION 29-7(P)(1),
SECTION 29-8(P)(1), SECTION 29-8.1(R)(7), SECTION
29-8.2(R) (7), SECTION 29-8.3(R) (7). THE PURPOSE
OF THESE AMENDMENTS IS TO CHANGE THE PROCEDURE FOR
APPPOVAL OF THE DOCUMENTATION PERTAINING TO COMMON
PRO?ERTIES SO THAT APPROVAL SHALL BE OBTAINED WHEN
APr'LICATION FOR BUILDING PERMITS FOR 50% OF THE
STRUCTURES IN A DEVELOPMENT HAS BEEN MADE. PROVIDING
FJRTHER THAT IN NO EVENT SHALL CERTIFICATES OF
(~CCUPANCY BE ISSUED FOR ANY STRUCTURE IN A DEVELOP-
MENT UNTIL APPROVAL HAS BEEN OBTAINED; PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the City Council has adopted a provision for the City
Attorney's Office to review documentation pertaining to common property;
and,
WHEREAS, the procedure established provides that no bUilding
permits may be issued for any structures in the development prior to
obtaining the required approval; and,
WHEREAS, this requirement may impose an undue hardship on persons
desiring to develop properties in the City of Delray Beach; and,
WHEREAS, the City Administration recommends and the City Council
concurs that there should be this immediate amendment because a great
financial hardship may result to persons who otherwise have development
plans approved by the City of Delzay Beach; and,
WHEREAS, even with this amendment the City of Delray Beach still -
retains enforcement authority to obtain compliance with the common
properties requirement by virtue of the fact that no certificate of
occupancy will be issued for any structure in a development until approval
has been obtained nor will building permits be issued past the 50% stage
until approval has been obtained,
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF DELRAY BEACH, AS FOLLOWS:
Section 1. That Section 29-6 (RM-6) (P)(1), Section 29-7(RM-10)
(P) (1), Section 29-8 (RM-15) (P) (1) , Section 29-8.1 (PRD-4) (R) (7) ,Section
29-8.2 (PRD-7) (R) (7)and SeCtion 29-8.3 (PRD-10) (R) (~) ,- the second paragraph
of-eaCh section is hereby amended to read as follows:
The City Attorney shall review all such proposed
documents, agreements, contracts or deed restrictions
and he shall approve the same if, in his judgment, they
are legally sufficient to accomplish the purposes set
forth above. At the time application has been made for
50% of the building permits in a development for which
a bond or equivalent security instrument has been filed
in accordance with the Subdivision Ordinance, the developer
must have obtained the approval of the City Attorney's
Office. No further applications will be accepted or permits
issued until this approval has been obtained. In no event
shall certificates of occupancy be issued for any
~structures until said documentation has been ~approved.
sh~-Be-~ ss~e~-~nt~-the-app~o~a~-~-the-S~tM-Atto~ne~,'s
Section 2. That the City Administration is hereby directed by
the City Council to study the administration of this ordinance,as it
relates to the approval process for developments,and to return to the
City Council with a recommendation as to how this process may be improved.
PASSED AND ADOPTED as an Emergency Ordinance in regular session
on first and final reading on this' the 23rd day of January, 1978.
ATTEST:
City Clerk
- 2- Emergency Ord. No. 5-78