09-78 ORDINANCE NO. 9-78
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 29-22 SITE AND
DEVELOPMENT PLAN APPROVAL BY CREATING A NEW SUB-
SECTION (F) ESTABLISHING A PROCEDURE FOR MODIFICATION
OF SITE AND DEVELOPMENT PLAN APPROVAL, PROVIDING
THE PLANNING AND ZONING BOARD SHALL DETERMINE WHETHER
THE MODIFICATION IS MAJOR OR MINOR AND IF MINOR
THE PLANNING ~D ZONING BOARD SHALL HAVE JURISDIC-
TION 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 29-22 Site and Development Plan Approval is
hereby amended to add a new subsection (F) to read as follows and changing
existing lettered (F) to (G):
(F) MODIFICATION OF APPROVED SITE AND DEVELOPMENT PLAN
No change or modification shall be made in an
approved Site and Development plan 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 Site and Development Plan. In evaluating
the proposal the Planning and Zoning Board shall
apply the standards set forth in Section 29-22
(D). If the approved Site and Development Plan
would be significantly changed in terms of %hese
standards then the proposal shall be deemed
major and be required to go through the process
for an original Site and Development Plan appli-
cation. If the Planning and Zoning Board
determines that the proposal would not signifi-
cantly change the approved Site and Development
Plan 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 SITE AND DEVELOPMENT PLAN 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. 13, 1978
Second Reading February 27, 1978
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