39-73 ORDINANCE NO . 39- 73 .
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 ADDING SUBSECTION 29-1 (64)
WHICH DEFINES A NATURAL RESOURCE UTILITY AND BY
ADDING SUBSECTION 29-3 (9) WHICH PERMITS A NATURAL
RESOURCE UTILITY AS A CONDITIONAL USE IN ALL ZONES
OF THE CITY~ REPEALING ALL ORDINANCES OR PARTS OF
ORDINANCES IN CONFLICT HEREWITH; PROVIDING A
SAVING CLAUSE; PROVIDING A PENALTY CLAUSE.
WHEREAS, the Planning and Zoning Board has recommended amending
Chapter 29 "Zoning" by adding Natural Resource Utilities as a Condi-
tional Use in all zones of the City; and,
WHEREAS, the City Administration concurs in said recommendations;
and,
WHEREAS, the city Council of the City of Delray Beach, Florida,
has determined that such changes should be made,
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the Code of the City of Delray Beach, Florida,
as amended, be further amended by adding the following subsections to
Chapter 29 "Zoning" to read as follows:
"Sec. 29-1 (64) NATURAL RESOURCE UTILITY. A use which derives
a primarily retail product directly from an extrac-
tive material, the atmosphere, or a naturally flowing
fluid medium and which does not emit noxious fumes,
glare, or noise not commonly expected or associated
with the other uses surrounding the use."
"Sec. 29-3 (9) A Natural Resource Utility use may be allowed
in all zoning districts after approval as a condi-
tional use for the zone for which application is made."
Section 2. That all ordinances or parts of ordinances in conflict
herewith be and the same are hereby repealed.
Section 3. That should any section or provision of this ordi-
nance 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 there-
of other than the part declared to be invalid.
Section 4. That any person who violates the provisions of Section
1 above shall, upon conviction, be punished as provided in Section 1-6
of the Code of Ordinances of the City of Delray Beach.
PASSED AND ADOPTED in regular session on second and final reading
on this the ~day of December , 1973.
City Clerk //
First Reading November 13t 1973.
Second Reading December 10 r 1973.
DELRAY BEACH NEWS-JOURNAL
Published Weekly
Delray Beach, P~m Beach County, Florida
PROOF OF PUBLICATION
STATE OF FLORIDA
i
COUNTY OF PALM BEACH
Before the undersigned authority personally appeared ...~.a...r...Y.....L...:......~...°...0...d..~..r.. ................
who on oath says that he/sl~ is ...... .~..U~.~J..~]le.X ................................. of The Delray Beach
News-Journal, a weekly newspaper published at Delray Beach in Palm Beach County, Flor-
ida; that the attached copy of advertisement, being a n....0.r, cL.~.~p..~:.J~O, rL..~..~..9...-..7..~. ......
in the mat~er of ............................................................................................................................................
in the ...................................................................... Court, was published in said newspaper in the
i~s~e~ of .................. ~t.o.v. embe. r....22 ,....1.97.3 .................................................................................
Affiant further says that the said Delray Beach News-Journal is a newspaper published
at Delray Beach, in said Palm Beach County, Florida, and that the said newspaper has
heretofore been continuously published in said Palm Beach County, Florida, each week and
has been entered as second class mail matter at the post office in Delray Beach, in said
Palm Beach County, Florida, for a period of one year next preceding the first publication
of the attached copy of advertisement; and affiant further says that he has neither paid
nor promised any person, firm or corporation any discount, rebate, commission or refund
fo~ ~e ~.~p~e o~ ~e~ ~ ~e~e~ fo~ ~u~..o. ~ t~ .~e~.
.... ;~.. .......... .~ ............ /~:~.: ........... ~ ................
Sworn to and subscribed before me this ..... 22nd .... day of ..~o.v.~l~b.e,l:... A~. 19.7..3
-'Stel la L. ffnyder
NOTARY PUBLIC STATE OF Fi. OR!DA AT
MY COMMI$$10N ~XP~R~$ MAR. 19, 1~76
BONDED THRU GENERAL INSURANCE UNDERWRI?L~$
MEMORANDUM
TO: J. Eldon Mariott, City Manager
FROM: Dan Kotulla, Planning Director
SUBJECT: Zoning Code Amendment
DATE: August 16, 1973
The Planning and Zoning Board, at a meeting held August 14, 1973,
by unanimous vote, recommended to City Council that the following
definition be placed in the zoning ordinance 'by amendment:
Natural Resource Utility A use which derives
a primarily retail product directly from an extrac-
tive material, the atmosphere, or a naturally flowing
fluid medium and which does not emit noxious fumes,
glare, or noise not commonly expected or associated
with the other uses surrounding the use.
A second motion passed unanimously that the Planning and Zoning Board
recommend to City Council that "Natural Resource Utilities" be added
as a conditional use in all zoning districts of the City of Delray
Beach.
Dan Kotulla
DK/b