33-76 ORDINANCE NO. 33-76
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING CHAPTER 29 "ZONING"
OF THE CODE OF ORDINANCE OF TItE CITY OF DELRAY
BEACH BY ~2~ENDING SECTION 29-25(G) (2) (h) and (i)
TO READ "29-25(G) (2) (h) VARIANCES PROHIBITED";
SAID SECTION TO CONSIST OF TItREE SUBSECTIONS AS
FOLLOWS: (1) USE VARIANCES, (2) VARIANCES OF
COM2~UNITY APPEAR3uNCE BOARD ORDINA~NCE CHAPTER 2,
ARTICLE II OF TILE CODE OF ORDINANCES (FORMERLY
SUBSECTION (i)), A_ND (3) VARIANCES OF THE STREET
AND SIDEWALK ORDINANCES BEING CHAPTER 23, ARTICLE
I OF THE CODE OF ORDINANCES; PROVIDING A SAVING
CLAUSE; PROVIDING Alt EFFECTIVE DATE.
NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of
Delray Beach, Florida, as ~ollows:
SECTION 1. That Section 29-25 Subsection (G) (2) (h) be amended to
combine (h) and (i) to read as follows:
(h) Variances Prohibited:
(i) Use Variances. 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 terms of existing ordinances in said
zoning district. Conditional uses may be granted only in
accordance with Section 29-21 of this code.
(2) Variances of Community Appearance Board Ordinance. The
Board of Adjustment 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.
(3) Street and Sidewalk Ordinance. The Board of Adjustment is
hereby expressly prohibited from granting a variance from
any of the requirments, terms, or conditions set forth in
Chapter 23, Article I of the Code of Ordinances of the City
of Delray Beach.
SECTION 2. If any section, subsection, sentence, clause, phrase or
portion of this ordinance is for any reason held invalid or unconstitutional
by 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 3. This ordinance shall become effective upon second and
final reading.
PASSED AND ADOPTED in regular session on second and final reading on
this the llth day of October , 1976.
- j City Clerk
First Reading __Sep~be~ 27,_ ~926 ._
Second Reading Octob~r 11, 19V6__