13-76 ORDINANCE 'NO. 13-76
AN ORDINanCE OF TttE CITY COUNCIL OF THE CITY
OF DELRAY BEACH, FLORIDA, REPEALING SECTION
.29-25 SUBSECTION (G) (2) (b) AND SUBSTITUTING
IN ITS PLACE A NEW SUBSECTION (G) (2) (b);
DESIGNATING TWO UNLETTERED PARAGRAPHS AT THE
END OF SECTION 29-25 SUBSECTION (G) (2) AS
PARAGRAPH (g) CONDITIONS; PARAGRAPH (h) USE
VARIanCE PROIt~BITED~ ADDING PARAGRAPH (i)
GRAi~TING VARI~qCE PROHIBITED; PROVID±NG A
SAVING CLAUSE; PROVIDING ~q ~FFECTIVE DATE.
NOW, THEREFORE, BE ~T ORDAINED BY THE CITY COUNCIL OF THE CITY OF
DELRAY BEACH, FLORIDA, AS FOLLOWS:
SECTION 1. That Section 29-25 Subsection (G) (2) (b) is hereby
repealed and a new Subsection (G) (2) (b) is substituted in its place as
follows:
(b) Notice of the public hearing sh~ll be given in accordance
with the following:
(1) The owners of all property located three hundred
(300) feet surrounding the subject pracel shall
be notified. The applicant shall submit a drawing
showing the location of all property lying within
300 feet surrounding the subject parcel and a com-
plete list of property owners, names, mailing address
and legal description. The owners of property
shall be those recorded on the latest official
County Tax Rolls. Subject list shall be accom-
panied by an affidavit stating to the best of
the applicant's knowledge said list is complete
and accurate.
(2) The ownership of the surrounding properties as
submitted by t~ applicant, shall be reviewed
Dy the City Clerk, who shall notify the owners
by regular mail of the date and purpose of the
public hearing. Mailing shall be at least ten
(10) days in advance of the public hearing so
that owners may be represented in person, or
by proxy. For notification purposes, the owners
of property shall be those recorded on the
latest official County Tax Rolls.
(3) That notice of public kear{ng shall be posted
on one of the bulletin boards in the lobby
Of City Hall at least 10 days prior to the
public hearing.
SECTION 2. That the two unlettered paragraphs at the end of
Section 29-25 (G) (2) be designated as follows:
(g) Conditions. In granting 'any variance, the Board of
Adjus~nent may prescribe appropriate conditions
and safeguards in conformity with existing ordi-
nances. Violation of such conditions and safe-
guards, when made a part of thc terms under which
the variance is granted, shall be deemed a vio-
lation of existing ordinances and punishable under
Section 29-33 of this ordinance.
(h) Use Variance Prohibited. Under no circumstances
shall the Board of Adjustment grant a variance
to allow a use not generally permitted or by
conditional use allowed in the zoning district
involved, or any use expressly or by implication
prohibited by the term~ of existing ordinances
in said zoning district. Conditional uses may
be granted only in accordance with Section 29-21
of this Code. .~ ~.
SECTION 3. That S~'~tio~ .. ..~-~_~ (G) ~,'~ be further ~m~nded by addinc
the following:
(i) Granting Variance Prohibited. The Board of
Adjustment of the City of Delray Beach is
hereby expressly prohibited from granting a
variance from any of the requirements, terms
or conditions set forth in Chapter 2, Article
2, of the Code of Ordinances of the City of
Delray Beach.
SECTION 4. If any section, subsection, sentence, clause, phrase
or portion of this ordinance is for any reason held invalid or unconstitu-
tional b3 any court of'competent jurisdiction, such portion shall be deemed
a separate, distinct, and independent provision and such holding shall not
affect the validity of the remaining portions hereof.
,SECTION 5. This ordinance shall become effective upon second and
final reading and shall apply to all applications for a variance filed
.after the effective date of ~is ordinance.
PASSED ~qD ADOPTED in .regular session on second and final reading
on ~his. the 10th day of May ~, 1976.
ATTEST:
City Clerk
First Reading April i2, 1976
Second Reading- May 10. 1976
Ord. No. 13-76