08-78 ORDINANCE NO. 8-78
AN 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 SECTION 29-21 CONDITIONAL
USES BY CREATING A NEW SUBSECTION (F) ESTABLISHING
A PROCEDURE FOR MODIFICATION OF A CONDITIONAL USE,
PROVIDING THE PLANNING AND ZONING BOARD SHALL
DETERMINE WHETHER THE MODIFICATION IS MAJOR OR
MINOR ~ND IF MINOR THE PLANNING AND ZONING BOARD
SHALL HAVE JURISDICTION AS THE FINAL DECISION MAKING
BODY TO DECIDE THE MODIFICATION REQUEST; CHANGING
EXISTING LETTERED SUBSECTION (F) TO SUBSECTION (G);
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 1. That Section 29-21 Conditional Uses is hereby amended to
add a new subsection (F) to read as follows and changing existing lettered
(F) to (G):
(F) MODIFICATION OF APPROVED CONDITIONAL USE
No change or modification shall be made in an approved
conditional use unless application therefor 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 request and determine whether the
proposed modification is a major or minor change
in the conditional use. In evaluating the pro-
posal the Planning and Zoning Board shall apply
the standards set forth in Section 29-21(D). If the
approved conditional use would be significantly
changed in terms of these standards then the
proposal shall be deemed major and be required
to go through the process for an original condi-
tional use application. If the Planning and
Zoning Board determines that the proposal would
not significantly change the approved conditional
use in terms of the same standards, then the
Planning and Zoning Board shall have jurisdiction
as the final decision-making body to either
approve, approve with conditions or deny the
requested modification.
The decision of the Planning and Zoning Board
determining whether a requested modification is
major or minor shall be final.
~F~ (G) CONTENTS OF THE CONDITIONAI. USE APPLICATION
Section 2. That should any section or provision of this ordinance
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 after
passage on second and final reading.
PASSED AND ADOPTED in regular session on second and final reading on
this the 27th day of . February , 1978.
ATTEST:
City Clerk
First Reading February 13j. 1_978
Second Reading February 27, 1978
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