Ord 37-07f \
ORDINANCE N0.37-07
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING THE LAND
DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY
BEACH, AMENDING APPENDIX "A", BY ENACTING
DEFINITIONS FOR "ADULT MATERIAL", "SPECIFIED
ANATOMICAL AREAS" AND "SPECIFIED SEXUAL ACTNITIES";
PROVIDING A SAVING CLAUSE, A GENERAL REPEALER
CLAUSE, AND AN EFFECTIVE DATE.
WHEREAS, the City Commission of the Ciry of Delray Beach, Florida, has the authority to protect
the public health, safety and welfare of its citizens; and
WHEREAS, this ordinance is enacted under the home rule of power of the City of Delray Beach, in
the interest of health, peace, safety, and general welfare of the people of the "City of Delray Beach,"
hereafter the "City" and
WHEREAS, the intent of the City Commission of the City of Delray beach in adopting this
ordinance is to establish reasonable and uniform regulations for the adult entertainment industry that will
protect the health, safety, property values, and general welfare of the people, businesses, and industries of
the City. It is not the intent of the City Commission to legislate with respect to matters of obscenity. These
matters are regulated by federal and state law, including chapter 847 of the Florida Statutes; and
WHEREAS, with respect to zoning and other regulatory issues, the Ciry Commission for the City of
Delray Beach, Florida, has considered reports, studies, and judicial opinions concerning the adverse
secondary effects of adult uses on the community which include but are not limited to the following:
1. C~ of Renton v. Playtime Theaters, Inc., 475 U.S. 411 (1956), reh. denied 475 U.S. 1132.
(2002).
2. Young v. American Mini-Theaters, Inc., 427 U.S. 50 (1975), ~h. denied, 429 U.S. 873.
3. Barnes v. Glen Theater, Inc., 501 U.S. 560 (1991).
4. City of Los Angeles v. Alameda Books, Inc., 535 U.S. 425, 122 S.Ct. 1728, 152 L.Ed. 2d 670
5. Boss Capital Inc. v. Citrof Casselberrv, 187 F.3d 1251 (11s' Cir. 1999).
6. Daytona Grand. Inc. v. Citv of Daytona Beach. Florida, 20 F1a.L.Weekly Fed. C778 (11th
Cir. 2007).
~ ~
7 Report on Zoning and Other Methods of Regulatin' g Adult Entertainment in Amarillo,
(Texas) dated September 12,1977.
8. Regulation of Criminal Activity and Adult Businesses, City of Phoenix, May, 1979.
9. Findings of the Ciry Planning Commission of the City of New York dated January 26, 1977.
10. Detroit's Approach to Regulating the "Adult Uses" presented to American Institute of
Planners, Annual Conference, October 10, 1977.
11. Report to the City Planning Commission and City Council from the Planning Department of
the City of Beaumont, Texas dated September 14, 1982.
12. Le gislative Report on an Ordinance Amending Section 28-73 of the Code of Ordinances of
the City of Hous ton. Texas: Providi ng for the Regulation of Sexuall y Oriented Commercial Enterprises.
Adult Bookstores , Adult Movie Thea ters and Massaee Establishments: and Making Various Provisions and
Findings Relating to the Subject. Report prepared by the Committee on the Proposed Regulation of
Sexually Oriented Businesses and dated 1983.
13. Report on Adult Oriented Business in Austin. Report prepared by the Special Programs
Division of the Office of Land Development Services of the Ciry of Austin, Texas. Dated May 19, 1986.
14. Adult Entertainment Business in Oklahoma City. A Survey of Real Estate Appraisers.
Report prepared by the Community Development Department of the City of Oklahoma City, Oklahoma.
Dated March 3,1986.
15. Adult Entertainment Businesses in Indianatiolis. An analysis prepared by the Department of
Metropolitan Development dated February, 1984.
16. Palm Beach County Sheriffls Office report dated April, 1998.
17. Director's Report: Proposed Land Use Code Text Amendment. Adult Cabarets. A report
prepared by the Director of the Department of Construction and Land Use of the Ciry of Seattle,
Washington. Dated March 24, 1989.
18. Report to the American Center for Law and Justice on Secondary Impacts of Sex Oriented
Businesses, Peter R. Hecht, Ph.D, March 31,1996.
19. Adult Business Study in Town and Village of Ellicottville. Cattaraugus County, New York.
An analysis prepared by the Town/Village Planner, Gary Palumbo, AICP. Dated January, 1998.
ORD. N0.37-07
( \
20. Adult Use Study in Newport News_ Virgin. An analysis prepared by the Department of
Planning and Development of the City of Newport News, Virginia. Dated March, 1996.
21. Memorandum of Law on Adequate Alternative Avenues of Community for Sexually
Oriented Businesses. An analysis prepared by Laura Corbett Brown and Bruce A. Taylor of the National
Law Center for Children and Families. Dated October 1, 1995.
22. Local Community Control of Adult Businesses. An analysis prepared by Bryan H. Beauman
of For the Defense dated June, 2007.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA:
Sect<on 1. That Appenduc "A" be amended as follows:
ADULT MATERIAL: Books. ma ines,~periodicals, or other printed matter,,.~hotogr~uhs, films,
motion pictures, video cassettes slides, or other visual representations: recordings. other audio
matter: and novelties or devices which have as their primary or dominant theme subject matter
depicting, exhibiting, illustrating, describing or relating to specified sexual activities or specified
anatomical areas.
SPECIFIED ANA TOMICAL AREAS: Specified anatomical ar eas shall include les s than
completely and opaq uely covered human genitals and the pubic regi on: the opening betw een the
human _buttocks, i.e., the anal cleft: that portion of the human female breast encompassed wi thin an
area falling below the horizontal line one would have to draw to inters ect a $oint immediatel y above
the top of the areola : this definition shall include the entire lower por tion of the female bre ast, but
shall not include an ~~ onion of the cleavage of the human female breast exhibited by a dress,
blouse, shi ,leotard, bathing sui or other wearing.~pparel, provided that the areola is not e xposed:
or human male genit als in a discemibly~irgid state. even if completely and opaquely covered.
SPECIFIED SEXUAL ACTIVITIES: Specified sexual activities shall include human genitals in a
state of sexual stimulation, arousal or tumescence: or acts of human anilingy~s. bestiality. bugger,
cunnilingus, coproph~gy. coprophilia, fellation, flagellation. masochism masturbation, necrophilia.
nederasty~ pedo~hilia. sadism, sadomasochism, sexual intercourse. or sodomy : or fondling or other
exotic touching of human genitals pubic region, buttock, anus. or female breast: or excretory
functions as mart of or in connection with any of the activities set forth above.
tion 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
ORD. N0.37-07
( \
i
shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to
be invalid.
'on 3. That all ordinances or parts of ordinances in conflict herewith be, and the same are
hereby repealed.
Section 4. That this ordinance shall become effective immediately upon its passage on second
and final reading.
PASSED AND ADOPTED in regular session on second and final reading on this 18s' day of
September, 2007.
`~0..
MAYOR
ATTEST:
~~
CITY CLERK
First Rea (~~
Second Readin "\
4 ORD. N0.37-07
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ~~~
SUBJECT: AGENDA ITEM # IO• IFi -REGULAR MEETING OF SEPTEMBER 18, 2007
ORDINANCE N0.37-07
DATE: SEPTEMBER 14, 2007
ITEM BEFORE COMMISSION
This ordinance is before Commission for second reading for a City initiated amendment to the Land
Development Regulations (LDR) Appendix "A", "Definitions", by enacting definitions for "adult
material", "specified anatomical areas" and "specified sexual activities".
BACgGROUND
At the first reading on September 4, 2007, the Commission passed Ordinance No. 37-07.
FUNDING SOURCE
N/A
RECOMMENDATION
Recommend approval of Ordinance No. 37-07 on second and final reading.
S:\Ciry Clerk\AGENDA COVER MEMOS\Ctdinance Agenda Memos\Ord 37-07 2nd Reading 09.1&07.doc
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: PAUL DORLING, AICP, DIRECTOR PLANNING AND ZONING ~ ~
THROUGH: CITY MANAGER ~~
DATE: AUGUST 31, 2007
SUBJECT: AGENDA ITEM # ~ ~, ~ -REGULAR MEETING OF SEPTEMBER 4,
2007 CONSIDERATION OF ACITY-INITIATED AMENDMENT TO THE LAND
DEVELOPMENT REGULATIONS (LDR). AMENDING APPENDIX "A" BY
ENACTING DEFINITIONS FOR "ADULT MATERIAL", "SPECIFIED
ANATOMICAL AREAS" AND "SPECIFIED SEXUAL ACTIVITIES".
ITEM BEFORE COMMISSION
The item before the Commission is approval of aCity-initiated amendment to the Land
Development Regulations amending Appendix "A" by enacting definitions for "adult material",
"Specified Anatomical Areas", and "Specified Sexual Activities".
BACKGROUND
These changes are proposed as a precautionary step in response to a recent court ruling in the
11th District Circuit Court (Federal case), which concluded that if the definition portion of an
adult entertainment ordinance was too vague (overly broad), it could result in the overturning of
the adult entertainment ordinance. These additional definitions provide clarity in this regard.
REVIEW BY OTHERS
The text amendment was considered by the Planning and Zoning Board on August 20, 2007.
No one from the public spoke on the issue. The Board recommended approval on a 7 to 0 vote
by adopting the findings of fact and law contained in the staff report and finding that the
amendment is consistent with the Comprehensive Plan and meets criteria set forth in Section
2.4.5(M) of the Land Development Regulations.
RECOMMENDATION
By motion, approve on first reading Ordinance No. 37-07 for aCity-initiated amendment to the
Land Development Regulations (LDRs), amending Appendix "A" "Definitions", by enacting
definitions for "adult material", "specific anatomical areas" and "specified sexual activities", by
adopting the findings of fact and law contained in the Staff Report and finding that the request is
consistent with the Comprehensive Plan and meets the criteria set forth in LDR Section
2.4.5(M)(5).
Attachment:
^ Proposed Ordinance No. 37-07
^ Planning and Zoning Report, August 20, 2007
ORDINANCE NO.37-07
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING THE LAND
DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY
BEACH, AMENDING APPENDIX "A", BY ENACTING
DEFINITIONS FOR "ADULT MATERIAL", "SPECIFIED
ANATOMICAL AREAS" AND "SPECIFIED SEXUAL ACTIVITIES";
PROVIDING A SAVING CLAUSE, A GENERAL REPEALER
CLAUSE, AND AN EFFECTIVE DATE.
WHEREAS, the City Commission of the Ciry of Delray Beach, Florida, has the authority to protect
the public health, safety and welfare of its citizens; and
WHEREAS, this ordinance is enacted under the home rule of power of the City of Dekay Beach, in
the interest of health, peace, safety, and general welfare of the people of the "City of Delray Beach,"
hereafter the "City" and
WHEREAS, the intent of the Ciry Commission of the City of Delray beach in adopting this
ordinance is to establish reasonable and uniform regulations for the adult entertainment industry that will
protect the health, safety, property values, and general welfare of the people, businesses, and industries of
the Ciry. It is not the intent of the City Commission to legislate with respect to matters of obscenity. These
matters are regulated by federal and state law, including chapter 847 of the Florida Statutes; and
WHEREAS, with respect to zoning and other regulatory issues, the City Commission for the City of
Delray Beach, Florida, has considered reports, studies, and judicial opinions concerning the adverse
secondary effects of adult uses on the community which include but are not limited to the following:
1. Cily of Renton v. Playtime Theaters, Inc., 475 U.S. 411 (1956), reh. denied, 475 U.S. 1132.
2. Young v. American Mini-Theaters. Inc., 427 U.S. 50 (1975), reh. denied, 429 U.S. 873.
(2002).
3. Bames v. Glen Theater, Inc., 501 U.S. 560 (1991).
4. C~ of Los Angeles v. Alameda Books. Inc., 535 U.S. 425, 122 S.Ct. 1728, 152 L.Ed. 2d 670
5. Boss Capital Inc. v. City of Casselberrv, 187 F.3d 1251 (11~' Cir. 1999).
6. Daytona Grand. Inc. v. Cit; of Daytona Beach, Florida, 20 FIa.L.Weekly Fed. C778 (11th
Cir. 2007).
7 Report on Zoning and Other Methods of Regulating Adult Entertainment in Amarillo,
(Texas) dated September 12, 1977.
8. Regulation of Criminal Activity and Adult Businesses, City of Phoenix, May, 1979.
9. Findings of the City Planning Commission of the City of New York dated January 26, 1977.
10. Detroit's Approach to Regulating the "Adult Uses" presented to American Institute of
Planners, Annual Conference, October 10, 1977.
11. Report to the City Planning Commission and City Council from the Planning Depamnent of
the City of Beaumont, Texas dated September 14, 1982.
12. Legisl ative Report on an Ordinance A mending Section 28-73 of the Code of Ordinances of
the Ci of Houston. Texas: Providing_for the Reg ulation of Sexually Oriente d Commercial Enterprises,
Adult Bookstores. Ad ult Movie Theaters and Massag e Establishments: and Mak ing Various Provisions and
Findings Relating to the Subject. Report prepared by the Committee on the Proposed Regulation of
Sexually Oriented Businesses and dated 1983.
13. Report on Adult Oriented Business in Austin. Report prepared by the Special Programs
Division of the Office of Land Development Services of the City of Austin, Texas. Dated May 19, 1986.
14. Adult Entertainment Business in Oklahoma City. A Survey of Real Estate Appraisers.
Report prepared by the Community Development Department of the City of Oklahoma City, Oklahoma.
Dated March 3,1986.
15. Adult Entertainment Businesses in Indianapolis. An analysis prepared by the Department of
Metropolitan Development dated February, 1984.
16. Palm Beach County Sheriffls Office report dated April, 1998.
17. Director's Report: Proposed Land Use Code Text Amendment. Adult Cabarets. A report
prepared by the Director of the Department of Construction and Land Use of the City of Seattle,
Washington. Dated March 24, 1989.
18. Report to the American Center for Law and ,tustice on Secondary Imtiacts of Sex Oriented
Businesses, Peter R Hecht, Ph.D, March 31, 1996.
19. Adult Business Study in Town and Village of Ellicottville, Cattaraugus County, New York.
An analysis prepared by the Town/Village Planner, Gary Palumbo, AICP. Dated January, 1998.
2 ORD. N0.37-07
20. Adult Use Study in Newport News, Virgil. An analysis prepared by the Department of
Planning and Development of the City of Newport News, Virginia. Dated March, 1996.
21. Memorandum of Law on Adequate Alternative Avenues of Community for Sexually
Oriented Businesses. An analysis prepared by Laura Corbett Brown and Bruce A. Taylor of the National
Law Center for Children and Families. Dated October 1, 1995.
22. Local Community Control of Adult Businesses. An analysis prepared by Bryan H. Beauman
of For the Defense dated June, 2007.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA:
'on That Appendix "A" be amended as follows:
ADULT MATERIAL: Books. magazines,,_periodicals, or other printed matter,.,photogr~phs, films,
motion pictures. video cassettes. slides. or other visual representations: recordings, other audio
matter: and novelties or devices which have as their pri~mry or dominant theme subject matter
depicting, exhibiting. illustrating. describing or relating to specified sexual activities or specified
anatomical areas.
SPECIFIED ANATOMICAL AREAS: Specified anatomical areas shall include less than
completely and opaquely covered human genitals and the pubic region: the opening between the
human buttocks, i.e., the anal cleft: that portion of the human female breast encompassed within an
area falling below the horizontal line one would have to draw to intersect a point immediately above
the op of the areola: this definition shall include the entire lower portion of the female breast, but
shall not include any portion of the cleavage of the human female breast exhibited b~ a dress,
blouse. shirt. leotard, bathing sui or other wearing apTp~l,~~rovided that the areola is not exposed:
or human male genitals in a discernably turgid state, even if completely and opaquely covered.
SPECIFIED SEXUAL ACTIVITIES: Specified sexual activities shall include human genitals in a
state of sexual stimulation, arousal or tumescence: or acts of human anilingus. bestiality, bug~eery,
cunnilingus. coproph~gy, coprophilia. fellation. flagellation, masochism, masturbation, necrophilia.
ederas p dophilia, sadism, sadomasochism, sexual intercourse. or sodomy: or fondling or other
erotic touching of human genitals. pubic region, buttock, anus, or female breast: or excretory
functions as part of or in connection with an~of the activities set forth above.
'0 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
3 ORD. N0.37-07
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 all ordinances or parts of ordinances in conflict herewith be, and the same are
hereby repealed.
Section 4• That this ordinance shall become effective immediately upon its passage on second
and final reading.
PASSED AND ADOPTED in regular session on second and final reading on this day of
2007.
ATTEST:
CITY CLERK
First Reading
Second Reading
MAYOR
4 ORD. N0.37-07
PLANNING AND ZONING BOARD MEMORANDUM STAFF REPORT
MEETING DATE: AUGUST 20, 2007
AGENDA NO: V. G.
AGENDA ITEM: CONSIDERATION OF ACITY-INITIATED AMENDMENT TO THE LAND
DEVELOPMENT REGULATIONS (LDR), AMENDING APPENDIX "A" BY
ENACTING DEFINITIONS FOR "ADULT MATERIAL", "SPECIFIED
ANATOMICAL AREAS" AND "SPECIFIED SEXUAL ACTIVITIES".
ITEM BEFORE THE BOARD
The item before the Board is that of making a recommendation to the City Commission regarding a
City-initiated amendment to the Land Development Regulations (LDRs) Appendix "A", Definitions,
adding definitions for "adult material", "specific anatomical areas", and "specified sexual activities"
Pursuant to Section 1.1.6, an amendment to the text of the Land Development Regulations may
not be made until a recommendation is obtained from the Planning and Zoning Board.
BACKGROUND/ANALYSIS
These changes are proposed as a precautionary step in response to a recent court ruling in the
11th District Circuit Court (Federal case), which concluded that if the definition portion of an adult
entertainment ordinance was too vague (overly broad), it could result in the overturning of the adult
entertainment ordinance. These additional definitions provide clarity in this regard.
REQUIRED FINDINGS
LDR Section 2.4.5(M)(5) (Findings): Pursuant to LDR Section 2.4.5(M)(5) (Findings), in
addition to LDR Section 1.1.6(A), the City Commission must make a finding that the text
amendment is consistent with and furthers the Goals, Objectives and Policies of the
Comprehensive Plan.
Comprehensive Plan Policies:
The goals, objectives and policies of the Comprehensive Plan were reviewed and there are no
applicable goals, objectives or policies noted. While the amendment does not specifically further
the Goals, Objectives, and Policies of the Comprehensive Plan, it is not inconsistent with them.
REVIEW $Y OTHERS
Courtesy Notices:
Courtesy notices were provided to the following associations:
^ Neighborhood Advisory Council
^ Chamber of Commerce
Letters of objection and support, if any, will be provided at the Planning and Zoning Board meeting.
V. G.
Planning and Zoning Board Meeting, August 20, 2007
LDR Amendment -Appendix "A", Adult Material Definitions
ASSESSMENT AND CONCLUSION
The purpose of this City-initiated LDR text amendment is to provide clear definitions as they relate
to our adult entertainment ordinance. These changes are necessary as a precautionary step in
response to a recent court ruling. This LDR text amendment is consistent with the Comprehensive
Plan and positive findings can be made with respect to LDR Section 2.4.5(M)(5).
RECOMMENDED ACTION
Move a recommendation of approval to the City Commission for aCity-initiated amendment to the
Land Development Regulations (LDRs), amending Appendix "A" "Definitions", by enacting
definitions for "adult material", "specific anatomical areas" and "specified sexual activities", by
adopting the findings of fact and law contained in the Staff Report and finding that the request is
consistent with the Comprehensive Plan and meets the criteria set forth in LDR Section
2.4.5(M)(5).
Attachment:
^ Proposed Ordinance
Ci C ~ t-~~(aa
Boca Raton/Oelray Beach News - Friday-Saturday, September 7$, 2007 • www.bocanews.com
CITY OF DELRAY BEACH,FLORIOA
NOTICE OF PUBLIC HEARING
A PUBLIC HEARING wAl be held on
the blowing-proposed ordinances az
7:00 p.m. on TUESDAY, SEPTEM-
BER 18, 2007 or aLany cort8raratan
of such- meeting which is set by the
Commission). b the City Commission
Chambers, 100 N.W. (st Avemre, Del-
ray Beach. Fbrida, at wlgch time the
City Commission will consider their
adoption. The proposed ordinances
may be inspected ai the Office of the
Coy Gerk at Cily Haft, 100 N.W. 1st
Avenue, Delray Beach, Florida, be-
hveen the Ftours of 8:00 a.m. aM 5:00
p.m., Monday through Friday, except
holidays. All interested parties are it-
vded to aperxl and be heatswitlt re-
spect to the proposed ordinances.
ORDINANCE N0.36-07
AN ORDINANCE OF THE CITY COM-
MISSION OF THE CITY OF DELRAY
BEACH, FLORIDA, AMENDING THE'.
LAND DEVELOPMENT REGULA-
TIONS OF THE CITY OF.DELFiAY
BEACH, BY AMENDING SECTION
2.2.3, "THE SITE PLAN REVIEW AND.
APPEARANCE BOARD',SUBSEC-
TION (D), "DUTIES, POWERS AND
RESPONSIBILITIES', AND SECTION
2.2.4, "THE BOARD OF ADJUST-
MENT', SUBSECTION (D), 91mE5,
POWERS AND RESPONSIBILITIES",
'TO PROVIDE FOR A METHOD FOR
APPEALS; AMENDING SECTION.
2.4.8, "PROCESSING SCHEDULES",.
IN ORDER TO PROVIDE 30 DAYS
FOR REVIEW OF BEACH PROPER-
TY PLANS IN ACCORDANCEWITH
THE BEACH PROPERTY OWNER'S
DESIGN MANUAL; AMENDING SEG.
TION 4.4.3, 'SINGLE FAMILY RES1-
DENTIAL (R-1) DISTRICTS", SUB-
SECTIONS (A), "PURPOSE AND IN-
TENT", (E), "REVIEW AND APPROV-
AL PROCESS", (F), "DEVELOPMENT
STANDARDS", AND (G),
'SUPPLEMENTAL DISTRICT REGU-
LATIONS', AND AMENDING SEC-
TION 4.5.13, 'NORTH BEACWSEA-
GA7E AND OCEAN NEIGHBOR-
HOOD OVERLAY DISTRICTS', TO
PROVIDE THAT VISUAL COMPAT-
IBILITY MAY BE REGULATED IN AG
CORDANCE WITH THE NORTH
BEACH AND SEAGATE NEIGHBOR-'
HOODS DESIGN MANUAL; PROVID-
ING ASAVING CLAt1SE; A GENER-
AL REPEALER CLAUSE, AND AN
EFFECTIVE DATE. -
ORDINANCE N0.37-07
AN ORDINANCE OF THE CITY COM-
MISSION OF THE CITY OF DELRAY
BEACH, FLORIDA, AMENDING THE'
LAND DEVELOPMENT REGULA-)
TIONS OF THE CITY OF DELRAY
BEACH, AMENDING APPENDIX 'A°
BY ENACTING DEFINITIONS FOR
"ADULT MATERIAL", 'SPECIFIED
ANATOMICAL AREAS" AND
"SPECIFIED SEXUAL ACTIVITIES";
PROVIDING A SAVING CLAUSE, A
GENERAL REPEALER CLAUSE,I
AND AN EFFECTIVE DATE.
) ORDINANCE N0.39-07 ~
AN ORDINANCE OF THE CITY COM-
MISSION OF THE CITY OF DELRAY
BEACH, FLORIDA, AMENDING
CHAPTER 52, "WATER°, OF THE
CODE OF ORDINANCES OF THE"
CITY OF DELRAY BEACH, BY
AMENDING SECTION 52.34,
'WATER RATES", SUBSECTION
52.34(8), 70 PROVIDE FOR CHANG-
ES IN RATES FOR FY 2008;. PRO-
VIDING AGENERAL REPEALER
CLAUSE, A SAVING CLAUSE, AND
AN EFFECTIVE DATE.
' ORDINANCE N0.40-07 I
VIDE FOR INCREASED RESIDEN-
TIAL AND NONRESIDENTIAL/Q.OM-
MERCIAL RATES FOR FY 2008;
PROVIDING A GENERAL REPEALER
CLAUSE, A SAVING CLAUSE, AND
AN EFFECTIVE DATE
ORDINANCE N0.41-07 ~
1
BEACF••, BY AMENDING-SECTION
51.70, 'REGULAR CHARGES LEY-
I IED", TO PROVIDE FOR INCREASED
i RESIDENTIAL AND-COMMERCIAL
:' CALLECTK)N SERVICE RATES FOR
FY 2008; PflOVIO1NG.A GENERAL
REPEALER CLAUSE, A SAVING
CLAUSE, AND 'AN EFFECTIVE
DATE.
I ORDINANCE N0.42-07
AN ORDINANCE OF THE CITY COM-
MISSION OF THE CITY OF DELRAY
BEACH, FLORIDA, AMENDING
CHAPTER 50, "UTILITIES GENER-
ALLY; PUBLIC SERVICE TAX°, SEG
TfON 50.15, "LEVY OF TAX', TO
PROVIDE FOR AN INCREASE IN
THE TAX CHARGED; PROVIDING A
SAVING CLAUSE, A GENERAL RE-
'i PEALER CLAUSE, AND AN EFFEG
' TIVE DATE.
ORDINANCE N0.43-07
~ AN ORDINANCE OF THE CITY COM-
MISSION OF THE CITY OF DELRAY
BEACH, FLORIDA, AMENDING THE
CODE OF ORDINANCES, BY
AMENDING CHAPTER 59,
"RECLAIMED WATER", SECTION
59.06, "USE OF RECLAIMED WATER
WITHIN THE CITY OF DELRAY
BEACH UTILITY SERVICE AREA",
TO PROVIDE THAT ALL CUSTOM-
ERS SHALL CONNECT TO THE RE-
CLAIMED WATER SYSTEM; AMEND-
ING SECTION 59.09, "FEES, RATES
AND CHARGES", TO INCREASE THE
WHOLESALE RATE AND AMENDING
SECTION 59.13, "APPROVED USES
'OF RECLAIMED WATER"TO PRO-
VIDE FOR HOURS OF-USE FOR IR-
RIGATION; PROVIDING A SAVING
CLAUSE, A GENERAL REPEALER
CLAUSE, AND AN EFFECTIVE
DATE.
ORDINANCE N0.44-07
AN ORDINANCE OF THE CITY COM-
MISSION OF THE CITY OF DELRAY
BEACH, FLORIDA, AMENDING THE
LAND DEVELOPMENT REGULA-
TIONS OF THE CODE OF ORDI-
NANCES, BY AMENDING SECTION
2.4.3, °SUBMISSION REQUIRE-
MENTS", SUBSECTION 2.4.3(KJ,
'FEES", SUB-SUBSECTION ,
2.4.3(K)(1), "DEVELOPMENT APPLI-
.CATIONS', TO REDUCE THE FEE ~
FOR HISTORICPRESERVATION
BOARD VARIANCES; PROVIDING A ~
SAVING CLAUSE, A GENERAL RE-
PEALER CLAUSE, AND AN EFFEC-
nvE DATE.
Please be advised Thal it a person de-
cides to appeal any decision made Dy
the City Commission with respect to
any matter considered at these hear-
ings, such person may need fo ensure
that a verbatim record includes the
testimony and evidence upon which
the appeal is to be based. The City
does not provide nor prepare such
record pursuant to F.S. 266.0105.
CITY I)F DELRAY BEACH
Chevelle D Nubs, CMC
City Clerk
Publish: Riday, September 7, 2007
Boca RatonlDekay Beach News
10
1q~
P~'"~
CHAPTER 51, "GARBAGE AND
TRASH', OF THE CODE OF ORDI-