55-78 ORDINANCE NO. 55-78
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 29-24 TO ADD A NEW SUBSECTION (H) RELA-
TIVE TO NOT REQUIRING A VARIANCE FOR NON-CONFORMING ZONING
DISTRICT REQUIREMENTS; PROVIDING A SAVING CLAUSE; PROVIDING
AN EFFECTIVE DATE.
WHEREAS, the Planning and Zoning Board at the meeting held on
July 18, 1978, recommended unanimously that Section 29-24 be amended by
adding a Subsection (H) relative to not requiring a variance for non-conform-
ing zoning district requirements; and,
WHEREAS, the Administration has recommended that said amendment
be made; and,
WHEREAS, at the August 7, 1978, workshop meeting Council concurred
in said recommendation and authorized preparation of the Ordinance to
effect the amendment,
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Section 29-24 is hereby amended to add a new
Subsection (H) to read as follows:
(H) Non-Conforming Zoninq District Requirements
Within the zoning districts established by this
ordinance, there exist lots, parcels of land, and
structures which are non-conforming with respect to
'minimum lot area, dimensions, setbacks, parking, and
other zoning district requirements which were lawful
before the passage of this ordinance, but are now
prohibited.
It is the intent of this ordinance that it shall
not be necessary as a condition to obtaining a
building permit, that the applicant obtain a vari-
ance for these non-conformities.
Provided, however, that nothing in this subsection
is intended to permit the expansion of a non-conform-
ing use or the increasing of an existing non-conformity.
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 awhole 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 28th day of Augu~ . , 1978.
MAYOR
ATTEST:
' / Ci~y Clerk
First Reading .August 14, 1978
Second Reading August 28, 1978
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