11-93 THE LAND DEVELOIIR~'NT ~
LATIONS OF THE CODE OF ORDI-
~ NANCE$ OF THE CITY OF DELRAY
RATON~DELRAY [IEACtl flOYNION BEACtt~I'D£ERFIFLI) BFACIIBEACH, FLORIDA, BY AMENDING N~I~FF~M~N~RI~ OF THE LANO DEVELOPMENT
BOCA THE DEFINITION OF 'FAMILY'; REGULATIONS OF THE CODE OF
PROVIDING A SAVING CLAUSE, A A PUBLIC HEARING will ~e t~la On ORDINANCES OF THE CITY OF
GENERAL REPEALER CLAUSE, tt~e fOllOWing I~G~,ed Orclinances al DELRAY BEACH, FLORIDA, TO
ANDANEFFECTIVEDATE. 7:00 P.M., (or at any contifl~hlti~ Of PROVIDE ADDITIONAL CRITERIA
such meeting w~ic~ is set by ~e Com- FOR GRANTING A VARIANCE IN
Published Daily missio~), o~ Tuesc~ay, Fe~'~lr¥ e, HISTORIC DISTRICTS; PROVIDING
1993, in tn Ci~ Co~lmiss~on C~am- A SAVING CLAUSE, A GENERAL
...v --~~/~nndn.v-- --through Sunday ~, I~0 Nw. is, Aven~e, Delta, REPEALER CLAUSE, AND AN EF-
Beaclt al w~iCh tillle file Ci~ Commis, FECTIVE DATE
Boca Baton, Palm Beach County, Florida ,~o, ,,, c~,~o., ,,~r ~,~. Tn
~'ofl~e~ orainances may ~ insaec~
Delray Beach, Palm Beach County, Florida ,. Yne Office ~ t~e Ci~ Clerk at ~e
Ci~ Hall, I~ N.W. 15t Avenue, Oelra¥ AN 0ROINANCE OF THE CITY COM-
Be~oq, FIm'ide, tr0m ~:~ A,M. to S:~ MISSION OF THE CITY OP 0ELRAY
P.M., ~ay ~r~ Fricay, exert BEACH. FLORIDA, ~ENOING
~li~ys. All i~t~t~ ~a~ are i~ ~HAPTER a, 'ZONING REGU~.
vit~ ~ a~d a~ ~ ~ard wi~ r~ ~ONS', SECTION t~.2~, ~LD
STATE OF FLORIDA ~~a .... sc~: S~A.~ ~,STO.,C
COUNTY O~ PALM BEACH ~~ ~.o O~V~O~.T ~EOULA.
TIONS OF tHE CODE OF
AN O~OINANCE 0F THE OTY eOM- NA~CES 0F THE OTY OF OEL~AY
Before the undersigned authority .personally ~,ss,o, OF ,HE CITY OF DEL~AY BEACH, FLORIDA; PROV,O,NG A
appeared Nancy Smith, Inside Sales Man- TIONDEvELOPMENT'.'.L ~'ONS',REGU~TioNsOF THE ~NOoF TIVEDATE.PEALER CLAUSE, AND AN E~FEC'
ager of The News. daily newspapers pub- REPEALI"GTHE CITY O~ OELRAYsus.sUBSECTiO,~EACH 8Y
lished in Boca Baton in Palm Beach County, ..,.,,c,m...~..~. s,o.~ ..0 ~. o~o,.~.c~ o~ *.E c,.. ~o~-
F~GS', ANO ENACTING A NEW MISSION DP THE CITY OF DEL~AY
Florida; that the attached copy of advertise- su~sussEcT,o, ..,.,,c,,~,, 8EAt., ~o~,o,,
· ANNERS AND WIND SIGNS', TO CHAPTER ~, 'ZONING REGU~-
ment was published in said newspapers in ~.ov,~ ~o~ ..~ .~off..,T,O. *,o.r. 'zo.,.o
OF BANNER SIGNS AND W~ND SUBSECTION ~.a.9(E), 'LOCATION
SIGNS; BY ENACTING A NEW OF PARKING SPACES', OF THE
the issues of: SUB-SU'SECTION 4.6.7(8}(12), ~NO DEVELOPME.T REGULA-
· F~os', ~0 ..ov,0~ ~o. ~:.,.~ T,O.S OF mE COOE 0r
TWO F~GS TO ADVERTISE OPEN NANCES OF THE CITY OF DELRAY
FLYING F~GS OF SERVICE ORCA- ~U~SUBSECTION 4.6e(E)(3),
NI~T~ONS AT TIMES OF MEET- LIEU FE~, TO PROVIDE THE
/~ ~_/~/)~/ · lNG, AND TO PROVIDE FOR THE IN-L~EU FEE OPTION TO THE OLD
~ - - ~ ' ~.,.e o; .o ~; m~. sc.~ ~u*;e .,.omc
THREE (3) ;~GS ON PROPERTY DISTRICT (OSSHAD); PROVIDING A
LE~ THAN ONE ACRE AND ONE SAVING C~USE, A GENE~L
F~ ~R 1S,~ ~ARE FEET ON PEALER C~USE. AND AN EFFEC-
PR~R~ GREATER THAN ONE TIVEDATE
ACRE; ~ENDIgG APPEHDIX A,
· EFINITtONS~, BY ENACTING A
DEFINITION FOR THE TERM
· ~G~; PROVIDING A REPEALER AN ORDIHAHCE OF THE CITY C~
C~USE, A SAVING C~USE, ANDM~SSION OF THE CITY OF DELRAY
Affiant further says that The News is a A" EFFECTIVE ~TE. BEACH, FLORIDA, ~ENDINO
CHAPTER a, 'ZONING ~EGU~'
newspaper published in Boca Baton, in said ~.mS.ACET'ONS" 'Os)SEC*IO"osS*'IC~,""a' SU'SEC'
Palm Beach County, Florida, Monday ~.o~o,.~..~c,r.c~ .,o.~c,,o~.~.o
MISSION OF T~E CITY OF ~LRAY MENI REGU~T~ONS OF
B~C~, F~RI~ ~NDI~ SEC- COOE OF O~O~NANCES OF
through Sunday. and has been enteredas TIe, ~.lS o~ THE CO~ O, O,OI- CITY OF ~K"AY BEACH, FLO~I-
second class matter at the post office in .~CT,O. o~ T.~ .U~aE. OF STA.OS. H~A~UA~TE~S
ALTERNATE ~BERS OF THE ~ECES~EY SUP~RT ~ILITIES'
Boca Raton, Palm Beach County, Florida, CODE E,FORCEMENT ~ARD; AS A PERMITTED ACCES~,,
PROVIDI~ A GENERAL REPEAL- USE; PROVIDING A SAVING
for a period of one year next preceding the ER C~USE, A ~VING C~USE, C~USE, A GENERAL REPEALER
AND AN EFFECTIVE DATE. C~USE, AND AN EFFECTIVE
first publication of the attached copy of ~.a OATE
advertisement; and affiant further says that ~. 0.o,.~.c~ ~ ..E c,. C~
he has neither paid nor promised any ~,~,~ o~ ~ c,~ o~ 0E~.~. ~, o,o,.,.cE Off ,.E c,.. c~
B~CH, FLORI~ CORRECT~NG MINION OF THE CI~ OF ~L~Y
T.E Z~,.e C~,~,~T.O. ~o. KAC.. ~0.,0~
poison, fi~m o~ corporation any discount, ~a~[o~.~. c~ ,, ~o~,~
TICU~RLY OE~RISED HEREIN,TION~, SECTION 4.3.4(K),
rebate, commission or refund for the pur- ~'~ ~ (P~NNED CO~ER- ~VELOPMENI STANDARDS ~-
DALi OlSTRI~ TO AC TRIX', OF THE ~NO OEVELO~
pose of securing this advertisement for pub- (AUT~TIVE C~ERCIAL) DI~ MENT REGU~T'ON$ O' THE
TRKT; ~lO ~NO BEING L~T- CODE ~ ORDINANCES OF THE
ED ~ THE ~ SIDE ~ FEOER- CITY OF OELRAY BEACH, FLORa.
lication in said newspapers. ,~ .,OHWAY, ~T. O' LI"TO" DA, TO REO~E T"~
$OULEVARO; AmO CO~ECTI~ ~EAR SETBACK ~OR OUPLEXES
~1~ ~P OF ~LRAY B~CH, IN ~HE RL AND ~M ZONING
FLORI~ t~; PROVlO~NG A TRICTS FR~ ~ ~EET ~0
GENE~ REPEALER C~USE, A FEET; PROVlOING A ~VING
~VI~ ~USE, ANO AN EF~EC- C~USE, A GENERAL ~E~ALER
~IVE ~TE. C~USE, ANO AN EFFECTIVE
~ ~ tt~ OA~E.
AN ~OI~E ~ TNE CITY C~ ~ ~ ~ ~1 ~y ~
MI~iON OF ~HE ~ ~ OE~Y ~ ~ ~ Ci~ ~mim~ w~
Sworn to and subscribed before me this .< ~.o o~v~., .~ .., ~. ,~. ~ ~
~TI~S ~ THE CO~ ~ OBOe- ~ ~ ~ mis ~ ~m ~-
8~, FL~I~ BY ~ENOING ~m ~ i~ ~ ~
THE ~FIglTI~ ~ ~ILW; ~ w~ ~ ~ ~ ~1
ay of A.D.. 19 . ~,O,.O A ~v,~ C~USE. A ·. ~. ~ C,~ ~ ~ ~
A~O A~ EFFECTIVE DATE. F,$, ~.
~ ORDI~ ~ THE CI~ C~ Ci~ C~
MINION ~ THE CITY ~ DEL~Y
~, FLORID~ ~ENDI~ PU&LISH: J~ ~, ~
CHA~ER ~ ~1~ REGU~ THE NE~
TIOH~, SECTION ~.l(J),~rlyl~M
(Seal, Notary ~ of Florida at large) ~.s~ ~E~tVATi~ ~Ro A~
HARLENE O'NEI
FAILED ON SECOND AND FINAL READING - 3/23/93
ORDINANCE NO. 11-93
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING APPENDIX "A",
"DEFINITIONS", OF THE LAND DEVELOPMENT REGULATIONS OF
THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH,
FLORIDA, BY AMENDING THE DEFINITION OF "FAMILY";
PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE,
AND AN EFFECTIVE DATE.
WHEREAS, the Neighborhood Task Team proposed a change to
the existing definition of "Family" as currently codified at Appendix
"A", "Definitions", of the Land Development Regulations of the City
of Delray Beach, Florida; and,
WHEREAS, the Neighborhood Task Team requested a change to
the existing definition of "Family" to further limit the number of
unrelated persons who may reside in a single dwelling unit; and,
WHEREAS, pursuant to LDR Section 1.1.6, the Planning and
Zoning Board, sitting as the Local Planning Agency, reviewed the
subject matter at its meeting of January 11, 1993, and has forwarded
the change with a recommendation that it not be adopted; and,
WHEREAS, the City Commission of the City of Delray Beach,
Florida, finds that the change is not inconsistent with the
Comprehensive Plan.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the definition of "Family" found in
Appendix "A", "Definitions", as referred to in Section 1.4.5,
"Definitions", of Article 1.4, "Interpretation, Enforcement, And
Penalties", of Chapter 1, "General Provisions", of the Land
Development Regulations of the Code of Ordinances of the City of
Delray Beach, Florida, be, and the same is hereby amended to read as
follows:
FAMILY: One or more persons related by blood,
marriage or adoption occupying a single dwelling unit
as a single housekeeping unit and sharing common
facilities. In addition, ~f/~/f~I~/~~/~f~/I
~l~l~~I/If~l~//~I~/~ll~
~/l~ll~I~/l~ll~/If~I;ll~I~lllb~
~I~/~/~/f~I~/~I~/~/~iZ~f/~/~//~6~
f~m~I~/~II//~//~h~L no more than two (2)
unrelated persons may occupy a single dwelling unit.
The following person or persons shall be considered as
related to the family (as opposed to an unrelated
person or persons) and will be counted as family
members: a. A person or persons residing with the
family for the purpose of adoption by the family; b.
Any person or persons residing with the family at the
direction of a Court.
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 a
whole or part thereof other than the part declared to be invalid.
Section 3. That all ordinances or parts of ordinances
which are in conflict herewith are hereby repealed.
FAILED ON SECOND AND FINAL READING - 3/23/93
FAILED ON SECOND AND FINAL READING - 3/23/93
Section 4. That this ordinance shall become effective ten
(10) days after its passage on second and final reading.
PASSED AND ADOPTED in regular session on second and final
reading on this the day of , 1993.
MAYOR
ATTEST:
City Clerk
First Reading January 26, 1993 (passed by 3 to 2 vote)
Second Reading February 9, 1993 (continued to 3/23/93)
March 23, 1993 - FAILED by 4 to 0 vote
- 2 - Ord. No. 11-93
FAILED ON SECOND AND FINAL READING - 3/23/93
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER~
SUBJECT: AGENDA ITEM # ~/ - MEETING OF MARCH 23. 1993
QRDINANCE NO. 11-93
DATE: March 19, 1993
The public hearing on Ordinance No. 11-93 was continued at the
February 9th regular meeting. Subsequently, at the March 2nd workshop
with the Neighborhood Task Team, the Commission consensus was to not
amend the current definition of "Family". Therefore, this item is
before the Commission for formal disposition.
Previous action on this ordinance is as follows:
The Planning and Zoning Board at their January llth meeting
recommended denial on a 4-1 vote (Beer dissenting; Currie and
Felner absent).
The City Commission at the January 26th regular meeting, passed
Ordinance No. 11-93 on first reading by a 3-2 vote (Mr. Mouw and
Mr. Randolph dissenting).
Recommend denial of Ordinance No. 1'1-93 on second and final reading.
ORDINANCE NO. 11-93
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING APPENDIX "A",
"DEFINITIONS", OF THE LAND DEVELOPMENT REGULATIONS OF
THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH,
FLORIDA, BY AMENDING THE DEFINITION OF "FAMILY";
PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE,
AND AN EFFECTIVE DATE.
WHEREAS, the Neighborhood Task Team proposed a change to
the existing definition of "Family" as currently codified at Appendix
"A", "Definitions", of the Land Development Regulations of the City
of Delray Beach, Florida; and,
WHEREAS, the Neighborhood Task Team requested a change to
the existing definition of "Family" to further limit the number of
unrelated persons who may reside in a single dwelling unit; and,
WHEREAS, pursuant to LDR Section 1.1.6, the Planning and
Zoning Board, sitting as the Local Planning Agency, reviewed the
subject matter at its meeting of January 11, 1993, and has forwarded
the change with a recommendation that it not be adopted; and,
WHEREAS, the City Commission of the City of Delray Beach,
Florida, finds that the change is not inconsistent with the
Comprehensive Plan.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the definition of "Family" found in
Appendix "A", "Definitions", as referred to in Section 1.4.5,
"Definitions", of Article 1.4, "Interpretation, Enforcement, And
Penalties", of Chapter 1, "General Provisions", of the Land
Development Regulations of the Code of Ordinances of the City of
Delray Beach, Florida, be, and the same is hereby amended to read as
follows:
FAMILY: One or more persons related by blood,
marriage or adoption occupying a single dwelling unit
as a single housekeeping unit and sharing common
facilities. In addition, ~f/~/f~m~I~/~~/~f~/I
~/~/~~I//f~/~//~I~/~/l~½~
f~m~I;/~II//~//~m~ no more than two (2)
unrelated persons may occupy a single dwelling unit.
The following person or persons shall be considered as
related to the family (as opposed to an unrelated
person or persons) and will be counted as family
members: a. A person or persons residing with the
family for the purpose of adoption by the family; b.
Any person or persons residing with the family at the
direction of a court.
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 a
whole or part thereof other than the part declared to be invalid.
Section 3. That all ordinances or parts of ordinances
which are in conflict herewith are hereby repealed.
Section 4. That this ordinance shall become effective ten
(10) days after its passage on second and final reading.
PASSED AND ADOPTED in regular session on second and final
reading on this the day of , 1993.
MAYOR
ATTEST:
City Clerk
First Reading
Second Reading
- 2 - Ord. No. 11-93
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ~l
SUBJECT: AGENDA ITEM # /O ~ - MEETING OF FEBRUARY 9, 1993
ORDINANCE NO. 11-93
DATE: February 5, 1993
This is the second reading of an ordinance which would amend the
definition of "Family" as currently set forth at Appendix "A" of the
City's Land Development Regulations.
This proposal has been recommended by the Neighborhood Task Team in
order to further limit the number of unrelated persons who can reside
in a single family dwelling unit. The current code allows up to five
(5) unrelated individuals; the proposed ordinance would restrict the
number of unrelated persons to three (3).
Staff does not feel there have been major problems or difficulties in
enforcement with the present definition of "family". Lula Butler,
Director of Community Improvement, has also reported that certain
other recommendations which were made to address overcrowding are
already contained in existing ordinances and could best be
accommodated through consolidation in an administrative operating
policy. A detailed staff report is attached as backup material for
this item.
The Planning and Zoning Board at their January 11th meeting
recommended denial on a 4-1 vote (Beer dissenting; Currie and Felner
absent).
At the January 26th regular meeting, Ordinance No. 11-93 was passed on
first reading by a 3-2 vote (Mr. Mouw and Mr. Randolph dissenting).
Recommend denial of Ordinance No. 11-93 on second and final reading.
TO: The Mayor, City Commission and City Manager
FROM: David Henninger, Chairman of the Neighborhood Task Team
DATE: February 9, 1993
RE: Definition of a family
The intent of the Neighborhood Task Team in revisiting Delray's
"Definition of a Family" was to address the problem of overcrowding
and the resulting parking problems associated with overcrowding.
In looking at the definition of a family (Delray's Version) and
comparing it to five other surrounding areas (copy attached),
our allowance for unrelated people at five is the most generous
while West Palm with two is the most restrictive.
The Task Team decided on three because it seemed consistent with
what other municipalities are using and we felt reducing the number
to three would have a positive effect on parking problems, whereby
five unrelated people living together would probably constitute
five vehicles, a situation not necessarily found with a family of
five.
Our intentions have never been directed at any one element or
segment of our population with the intent of infringing upon a
persons basic rights. Our intentions were quite simply to look
at a situation, a situation that has taken its toll on our
neighborhoods, one that still exists and has the potential of
getting worse. Overcrowding in, and of itself, infringes upon a
persons basic right to live under safe, healthy and wholesome
conditions. It also effects the vitality of our neighborhoods,
and any attempt to mitigate this condition should be viewed as a
positive step toward improving the general welfare of our
community.
Sincerely,
/David B. Honniq'f'~or Chairman
DBH/tk
CITY COMMI S S I ON DOCUMENTATION
TO: DAVID T. HARDEN, CITY MANAGER
~U~I~S
THR , D~I ECTOR
DEPARTMENT OF PLANNING AND ZONING
SUBJECT: MEETING OF JANUARY 26, 1993
FIRST READING~ ORDINANCE AMENDING ITION OF
"FAMILY."
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of
approval on first reading, of an ordinance modifying the
City's Land Development Regulations (LDRs).
The affected Section is the "Definitions" section of the
LDRs in which the definition of "FAMILY" is proposed for
change.
BACKGROUND:
This requested change is being proposed by the Neighborhood Task
Team (NTT). The change would modify the existing definition of
"Family" to further limit the number of unrelated persons who
can reside in a single dwelling unit.
The definition of family has been modified twice since 1988.
The present definition was adopted in January of 1991, and has
created no known problems. The NTT has also proposed criteria
for determining overcrowding. That criteria would provide
minimum square footage requirements for habitable rooms in a
household.
Please refer to the Planning and Zoning Board Staff Report for
the proposed text and more detail on the history of this topic.
PLANNING AND ZONING BOARD CONSIDERATION:
The Planning and Zoning Board formally reviewed this item at a
Special Meeting held on January 11, 1993. David Henninger of
the NTT addressed the item and supported the text amendment. He
explained that the definition of family was one of the tools to
be used in addressing "overcrowding". He reported that the Task
Team was advised that the other items pertaining to the
overcrowding issue should be codified.
City Commission Documentation
First Reading, Ordinance Amending the LDRs
RE: Definition of "Family" and "Overcrowding"
Page 2
Lula Butler, Director of Community Improvement, provided
information that the present definition of "Family" has not
created any problems or difficulties in enforcement except for
one situation where five college students were living in a
single family home. She also reported that the other
recommended provisions regarding overcrowding were contained in
existing ordinances and could best be accommodated through
consolidation in an administrative operating policy.
The Board then forwarded the item with a recommendation of
denial on a 4-1 vote (Beer dissenting, Currie and Felner
absent).
RECOMMENDED ACTION:
By motion, denial on first reading.
Attachments:
* Ordinance by others
* P&Z Staff Report & Documentation of January 11, 1993
DD\T:CCFAM.DOC
PLANNING AND ZONING BOARD MEMORANDUM STAFF REPORT
MEETING OF: JANUARY 11, 1993
AGENDA ITEM: LDR TEXT AMENDMENT RE THE DEFINITION OF "FAMILY"
AND DETERMINATION OF "OVERCROWDING"
ITEM BEFORE THE BOARD:
The Item before the Board is that of making a recommendation to
the City Commission regarding a proposed change to the LDRs.
The changes contemplated in the LDRs include:
* Amending the definition of "family" with respect to the
number of unrelated persons who may occupy a dwelling unit.
Other, non-LDR, regulations would provide for:
* criteria for determining the existence of "overcrowding"
along with a program for enforcement including relief
through appeals to the City Commission.
BACKGROUND:
This item, along with others, has been brought before the Board
by the Neighborhoods Task Team (NTT). These topics were
discussed in work session ~9~.~9~m~pr~,,~,~e Board and the NTT
on June 18, 1992.
ANALYSIS: .................. ~- - ..... -
The initial proposal set forth by the NTT called'for: '
* changing the definition of "family" to reduce the number of
unrelated persons who may reside In a dwelling uRlt not to
exceed three (3).
[Note: Three (3) was written tn the staff report; however,
discussion with NTT Indicated that no more than three such
individuals should be together. By applying the definition,
the first individual Is the head of the household; then two
others makes a total of three --- the limitation desired by
the NTT.)
.P&Z Staff Report
LDR Text Amendment Re The. Definition of "Family" and
Determination of "Overcrowding"
Page 2
The revised definition would read as follows:
FAMILY: One or more persons related by blood, marriage or
adoption occupying a single dwelling unit as a single
housekeeping unit and sharing common facilities. In
addition, ~f ~ f~Z~ ~~g~
no more than two (~) unrelated
persons may occupy a sinqle dwelling unit. The following
person, or persons, shall be considered as related to the
family (as opposed to an unrelated person,, or.persons) and
will be counted as family members: a. A person, or persons,
residing with the family for the purpose of adoption by the
family; b. Any person, or persons, residing with the family
at the direction of a court.
The suggested change (by the NTT) reflects a definition of
"family" which existed prior to 1988, except that four (4)
unrelated individuals were allowed to live as a family. In
August, 1988, via Ordinance No. 91-88, the definition was
changed to require a "linear" relationship and the number of
unrelated persons who could live as a family was reduced to
three (3). The City Attorney later advised that this (Ordinance
No. 91-88) definition should be modified.
The definition of family was again modified by Ordinance $1-gO
adopted off ~anuary 8, 1991, off a 3-~ vote. ~-E~e'"t[~ 'O'f-
adoption, Ordinance 61-90 was to nave peen reviewe~ after a six
month period to determine whether or not probl~ms~ha~roc~ur:ed
with its existence. From the previous report ~f ~~rector of
Community Improvement, no problems seem to exist. The definition
provided through Ordinance 61-90 was processed through the
initial Neighborhood Task Team. Applicable staff reports and
documentation from that consideration is attached.
* The other part of the discussion focussed upon the use
of specific criteria for determining when overcrowding
occurs. These criteria included:
-- A limitation of two persons per bedroom (sleeping
areas). With one person being allowed in an
efficiency (studio apartment). Living rooms and
dens would be counted as sleeping areas "when
family size dictates"
!~1 Si ". 4~,a~ .'~: = f<._: :;:~
LDR Tex~ Amendment Re The Definition of "Family" and
Determination of "Overcrowding"
Page 3
-- Each dwelling unit must contain, at least, 150
sq.ft, of floor space in habitable rooms for the
first occupant and, at least, 100 sq.ft, of
additional floor space per each additional
occupant.
-- Every room occupied for sleeping purposes shall
contain, at least, 70 sq.ft, for the first
occupant and, at least, 50 sq.ft, of additional
floor space per each additional occupant.
-- In addition, general sanitary conditions e.g.
cleanliness, appropriate garbage disposal, and
overall care of the premises should be used to
assess overcrowded conditions.
* In addition, it was suggested by the NTT that the City
Commission would be a body from which any persons
aggrieved by enforcement of overcrowding criteria may
seek relief.
A major problem with the above criteria is that it does not
accommodate situations involving large families which are
comprised of children, as opposed to adults. Also, it may be
appropriate to have a special board (three individuals) to
handle appeals; thus, removing such situations from the high
visibility of City Commission meetings.
RECOMMENDED ACTION:
With respect to proposed changes-to the definition of "family",
given the City Commission action via Ordinance No. 61-90, it is
recommended, by the Director, that the definition of "family"
not be altered.
With respect to addressing the matter of "overcrowding", this
subject should be handled by non-LDR regulations. It is
suggested that the Board provide any commentary which it wishes
and then suggest that it would be appropriate for the Code
Enforcement Board to comment on the proposed program prior to
consideration by the City Commission.
Attachments:
* Various documents associated with Ordinance 61-90
Report prepared by:~_~~
T: PZF~MI LY ;
ORDINANCE NO.
AN ORDINANCE OF THE CITY COf~,ISSION OF THE CITY GE
O£f~.AY BF. ACH, FT~DRZDA, AMENDZNG CHAPTI~. 1, "GENEIU~L
PROVISIONS", ARTICL~ l'.i, "INTER~ATION, KNFORCE-
ME2~T, ~ PE~ALTIp-~", SECTION 1.4.5, "DEFINITIONS",
OF THP- LAND DEVI~I~PI,~I~' REGULATIONS OF TH~ CODE OF
ORDINANCES OF THE CITY OF DRLRAY BEACH, FLOP. IDA, BY
A~TENDING APPENDIX "A", "DEFINITIONS", REP~2L~rNG ~
DEFINITION OF FAMI[,YI BY ENAcTiNG A NEW DF.~INITIO~
OF FARILY PROVIDING THAT A FMiILY $~AIJ~ CONSIST Gl
THOSE PERSONS ~HO ARE RF.Z, ATED BY BLOOD MARRIAGE OR
ADOPTION OR AS MANY AS FIVE UNRKLAT~D PERSONS LI¥ING
IN THE SAME Di~_~Y_-bING UNIT; PROVIDING A
REPKALER CLAUSEI PROVIDING A SAVING C~AUSE~
PROVIDING AN RFFRCTIV~ DAT~.
NO~, THEP~FOR~, BK IT ORDAINED BY T~ CITY COMMISSION OF
CITY OF DELRAY BEACH, FLORIDA, AS FOIJ~O~SI
Section 1. That the definition of "family" four~ Ln Appendix
A as referred to in Section 1.4.5, "Definitions" of Article 1.4, "Inter-
pretation, Enforcement and Penalties", of Chapter l, "General
provisions", of the [,and Development Regulations of the Code of
Ordinances of the City Of Delray Beach is hereby repeale~.
Section .2.. That Appendix A as referred to in Section 1.4.$,
-Definitions" of A~ticle l. 4, "Intezpretation, Fmforcement and
Penalties", of Chapter l, "General Provisions", of ~.he [,·nd Development
Regulations of the Code of Ordinances of the City of Delray Be·ch is
hereby amended to include family definition to read ·s follows=
Family. One or more persons related by blood, marriage or
adoption occupying & single dwelling unit ·s · single housekeeping
unit and sharing co~on facilities. In addition, if the family
consist of'.
I person, an additional four persons unrelited to the family s~all
-be permitted; .~ '~'"'-= : ¥' " 7-?.': t ~ ~ ::-'_'-~' , .: - .:.
· '1': ~':,-7...-,: ,:.7 ~,. .'- . ~ :'au: :'
-2. person, s, an, a~ddi.t!onal t.h~_ee persons ':~rel~f~,e~"%od th~ '}ami:iF'
3 ~ersone, ~n ·dditl6nsl two persons un~el&ted"to'-the"l~&~tly'_ihall
4 om more persons, an additional one person un, misted to the family
shall be
The follo~ing person or persons shall be considered es
to the family (as opposed to ~n vnrelated person or persons) and
will be counted &l family
a. A person or peFeons residing with the Eamtly for the purpose
of &dopt~ou by the family;
b. . Any person or persons =esiding with the family at the
direction of a court.
' Section 2. That all ordinances or pa~ts of ordinances which
· ' are in conflict her'·with ire here~y repealed.
Section 3. That should any section or provision of this
ordinance or any p~rtion thereof, any paragraph, sentence, or word be
declared b? · cou~ o£ com. petel~D~.~r~sdict!(tn: t%:~h9 :l~valid,a s,~.~h .-
decision snail not r.affect the validl~ of ,the'. =e~a.l~der- hereof is ·
.... . ,.
whole or part thereofh~ber,~han'~be' par~: de~l·red"t~l~-lnvalid..
Sect£on 4. Th&t this ordinance sh&ll become effect£ve upon
passage on second and final ~eading.
PASSED AND ADOPTED lfl regular session on seco~ and final
,ead~ng on ~hi. th. ,th da, of Ja~~, ~~ ~
' ,7. ~ .~ ~b~
Cit~-Cler~ - J- - '
First Reading. O~e~e~ 4, Ig90
Second Read~ng Jaflua~ O, 1991 '
": 2 ORD. NO. 61-90
[[TV DF DELRI:I't BEI:I[H
CITY ATTORNEY'S OFFICE
(407) 243-7090
MEMO~ND~
Date: December 30, 1992
To: David Kovacs, Director of Planning & Zo~g
From: David N. Tolces, Assistant City Attorne~
Subject: LDR Text Amendment: Definition of "Family"
I agree with your recommendation regarding the LDR amendment
for the definition of "family". No change is necessary.
DNT:sh
cc: Lula Butler, Director of Community Improvement
family.dnt
CITY COMMISSION DOCUMENTA?XON
TO: ~'~/SON MacGREGOR-HARTY, CITY CLERK
FROM: DAVID J. KOVACS, DIRECTOR
DEPARTMENT OF PLANNING AND ZONING
SUBJECT: MEETING OF DECEMBER 4, 1990
RESOLUTION RE: THE DEFINITION OF "FAMILY"
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of
approval of a Resolution which changes the definition of the
term "family" as contained in the LDRs.
This modification procedure is unique to definitions (other
text changes require enactment by ordinance) and is allowed
pursuant to Section 1.4.5 Definitions (page 1.4.3).
BACKGROUND:
The City Commission had Pre~gU~!y _~ directed that the
Neighborhoods Task Team and the PlanDing ~hd Z'~hf~g~BOa~d~gvl~t
the definition of "family" as-'~.~O~al~e~ i~bu~' zoning
regulations. This direction came about as there has been some
problem in the application of the definitio~_a94~he~:[eglln~nb
definition of "family" was created a few yea~s-a~-lh an effort
to address the general problem of overcrowding within a
structure.
The Neighborhoods Task Team reviewed staff's work and supported a
revised definition which calls for removal of the restriction of
a "linear" relationship among members and the reinsertlon of the
standard related by "blood or marriage" provision. In addition,
there is a change in the number of unrelated persons who can live
together with the change being from three to five. There is a
provision that the number of nonrelated individuals diminishes as
the number of related individuals increases.
The Task Team also recommended that problems with overcrowding be
addressed through further restrictiOn~"~ park~g ~ use n~fn~otv~,~
area for vehicles. · .... -, ....~, d Task
Attached is additional background fnformatiOn from the Office of
Lula Butler.
City Commission Documentation
Resolution Re: The Definition of "Family"
Page 2
PLANNING AND ZONING BOARD CONSIDERATION
The Planning and Zoning Board formally reviewed this item at it's
meeting of November 19, 1990, and unanimously (6-0) recommended
that the City Commission accept the recommendation of the Task
Team.
RECOMMENDED ACTION:
Because of the past controversy which has been associated with
this item, it is suggested Ghat a public hearing be held as is
done if an ordinance were required; thus, we recommend that a
public hearing be held on January 15, 1991.
Further, if individual Commissioners have concerns or desire
additional information, it is suggested that the item be set for
a worksession discussion prior to the public hearing.
Attachment:
· P&Z Staff Report & Documentation of November 19, 1990
P&Z Board ~lnutes
Novembe- 19, 1990
Page 6
Since it was now 7:00 P.M. the Public Hearing commenced.
III. PUBLIC HEARING ITEMS:
A. Consideration of Chanqes to the'Definition'of'#Family" as it
Pertains to Land Use:
Mr. Kovacs presented the following brief history{ The City
had a standard definition of "family". Several years ago
the City had concerns regarding overcrowding. It is very
difficult to enforce the definition of family since, people
claim to be related; therefore, it was difficult to correct
an overcrowding situation. The definition was changed many
times until finally a "linear" definition was adopted.
Since many have found that the lineal relationship
definition to be overly restrictive, the City Commission has
directed the issue to be revisited. Staff reviewed the
history and how other communities have addressed the issue
and provided that information to the Neighborhood Task Team
for a recommendation. After review, the Task Team fully
supported staff's recommendation.
Ms. Lula Butler~ Director of Community Improvementt was
present and responded. to ~'qu~stions~_~f ~.the_~oar~uMe.mb. ers,
including a clarificatio9 of the lnterpretation--0~ ....... a'
landlord perml~ ............. -'- ........'", ~':'~ :-~'-'~ z~:~,'.,,-'~.,-~.nt Ad
eaD~ start compel%tee meeting are
After consider~bl~- ~tscus~fo~, .l~WaS~movede
seconded by Mri'~6ffl%--~nd pas~ed~-~).~to r~commend to the
City Commission adoption of the new definition, as proposed
by staff, and directed staff to seek other avenues through
which adverse impacts of overcrowding can be mitigated and
controlled.
Referral of Proposed LDR Amendment Pertaining to Truck
in Residential Areas (from the City ComnLtSSiOn):
Mr. Kovacs :ed the item to the Board and stated that
the City C its meeting of November 7th,
considered the Planning :ng Board's recommendation
but did not take action on it. reviewing the issue
further at a worksession, the Commi remanded the
item back to the Planning and Zoning nd the
Neighborhood Task Team for their consideration of hardship
circumstances.
TO: DAVID KOVACS - DIRECTOR, PLANNING & ZONING
FROM: LULA BUTLER - DIRECTOR, COMMUNITY IMPROVEMENT~
SUBJECT: PROPOSED REVISED DEFINITION OF FAMILY
DATE: NOVEMBER 12, 1990
Pursuant to the direction of the City Commission, the staff
committee has completed its analysis of the current definition of
family and is proposing the attached revised definition for
P & Z's consideration. The staff committee's recommendation was
before the Neighborhoods Task Team for their consideration on
October 4th and again on November 8, 1990.
The consensus position of the Task Team was that the definition
of family as proposed by staff is sufficient and they support it
as proposed. ~owever, in addition to the revised definition of
family, the Task Team would like P & Z to consider other
ordinance amendments such as prohibiting parking on unpaved or
unimproved surfaces and front yards. The Task Team is of the
opinion that the proper control of parking problems that are
apparent with overcrowded conditions, is a better tool used
jointly with the definition of family to control overcrowded
conditions in our single family neighborhoods.
The memorandums from the Code Enforcement Administrator detatlin~
each staff committee meeting az~e
It is my understanding that the:pY0pos~d :-~ev~se~:definition will
be before P & Z on November 19th.
LB: DQ
Attachments
D/8
Family. DK
~,~.'_ x',~,.,~:.'1 ,'.': ~t ,.~.I~'~,l
C~ DE~INT'~ION ~
~mi1~, One (1) o~ ~oEe'pe~so~ ~ reZ~ee~
marriage or .adoption and living as a single housekeeping unit
a dwelling shall constitute a family. ~ fa,~ity may
~i~~~n~ whn ar~ The
following persons shall be considered related for the purpose of
this title:
(1) A person(s) residing with a family for the purpose of
adoption;
(2) Not more than five (5) persons under 19 years of age,
residing in a foster ho~e licensed or approved by the State
of Florida;
(3)Any person who is living with a family at the direction of a
court.
~ami1~. O~e o~ mo~e pe~son~ relate~ b~ b~oo~ m~t~ge o~
'~'ao~tio~ occupying ~ ~i~gle d~ellt~g unt~ ~
housekeeping unit and sharing commo~ ~ctlltie~. ~ ~ttio~,
~he [~iZy co~sis~
* 1 person, an additional four persons unrelated ~o the family
shall be pe~itted;
* 2 persons, an additional ~hr~e_Rersons unrelated to the
family shall be permitted; -- '~ ......... ' :"'- ~-'='.'~, ......'~'~a~ ~,:,
*3 persons, an additional two persons unrelated to the family
shall be pe~itted; ' ..................
* 4 or more persons, an additional one person unrelated to the
f~ily shall be pe~itted.
The following person or persons shall be considered as related
the family (as opposed to an unrelated person or persons) and
will be counted as family me~ers:
a.A person or persons residing with the family for the purpose
of adoption by the family;
b.Any person or persons residing with the family at the
direction of a court.
~a~il¥,D~
NENO RANDUN
TO: Lula Butler, Community Improvement Director
FROH~ Richard Bauer, Code Enforcement Administrator [FV)
SUBJECT: FAN[LY DEFINITION
DATE: September 20, 1990
On September 20, 1990, the final meeting of the Family Definition Con~nittee was
held. The consensus position of the Co~nnittee Hembers was to recommend the
following definition of "Family:"
Family: One or more persons related by blood, marriage or adoption occupying a
single dwelling unit as a single housekeeping unit and sharing common
facilities. In addttion, if the family consists of:
· I person, an additional four persons unrelated to the family shall be
permitted.
· 2 persons, an additional ~hree persons unrelated to the family shell
be permitted.
· 3 persons, an additional two persons unrelated to the family shell be
permitted.
· & or more persons, an additional one person unrelated to the family
shall be permitted.
The following person or persona shall be considered as related to the family (as
opposed to an unrelated person or persons) and will be counted aa family membersl
a. A person or persons residing ~rith the family for the purpos· of
adoption by the family;
b. Any person or persona residing with the family at the direction of a
court.
As the Family Definition Committee has recommended & revised Family Definition,
no further Committee Heatings will be held·
! wish to thank ell Committee Hembers for th~tc input and attendance at the
Committee Nestings.
aB:mb
cc~ Jeff~urtz~ City Attorney
Susan Ruby, Assistant City Attorney
Jerry Sanzone~ Chief Building Official
David Kovacs, Planning and Zoning Director '
Dorothy Ellin$~on, Community Development Director
Nike Cato, Fire Chief
Emmanuel Guerrier, Code Enforcement Officer
P21
HENORANDUH
TO~ Distribution ~
YRO~: Richard Bauer, Coda Enforcement Administrator
SUBJEC?: FANILY DEFINITION CONNITTEE - SECOND N~ETING
DATE: August 28, 1990
On August 24, 1990, the Family Definition Committee held its ~econd meecin8.
This writer was assigned the cask of drafting a family ordinance based on the
discussions of the cou~itCee.
Attached please find a draft of whac I believe represents the consensus opinion
of the committee as to definition of family· I would appreciate each committee
member reviewing the attached in order Chat recommended revisions can ba
discussed at a third committee meeting which ! will schedule in approximately
two weeks.
Again, thank you for your participation.
..........................
Family: One or more persons related by blood, marriage or adoption occupying a
single dwelling unic as a single housekeeping uniC and sharing common
facilities, or alternatively, if the family consists
· I person, au additional four persons unrelated to the family shall ba
permitted.
· 2 persons, an additional three persons unrelated co the family shall be
permitted ..........
· 3 persons, an additional two persons unrelated to the family shall be
· 4 or more persona, and addittona~on~petson-unrelate~to {~t=ftmily-- z .... --
shell be permitted. - .....
Tbs following person or persons shall he considered aa related to a family as
opposed to an unrelated person or personas
a.A person or persons residing with the~famtly for the purpose of
adoption by the family;
b. Any person or persona reaXdtng with the family at the direction of the
RB:mh
cc: Lula Butler ~ ..................... ~ ............ - .........
SUBJECT: FAHILY DEFINITION COHHITTEE - FIRST MEETING RECAP
DATg: August 2. 1990
Off July 27, 1990, the first meeting of the Family Definition Review Committee
was held from 10:00 A.H. to 12:00 Noon.
Without attempting to reiterate every item discussed, ! believe there was
consensus among the committee members that the Cityts current definition of
family ia too restrictive. .
For the most part, it appears that committee members believed that a family
should be defined as people related by blood or marriage plus individuals in
special ca~egories (e.g., a person living with a family for the purpose of
adoption or at £he direction of a court or foster home situation - see 173.001,.
Definitiont "Famtlyo'~) plus one or more unrelated individuals. A family could
· leo consist of a number (3 or &) of unrelated people living together. The
above ia similar to the Cityta previous definition of single family.
Several other ma~ters were discussed:
1. k~hecher or not some square footage per occupant criteria should bs
utilized with a provision for a waiver for ascertainable hardship
situations. I believe that most committee members were not in favor
of this - although the matter can be further discussed.
2. Whether there could be some absolute limitation on occupancy of rental
units. The City Attorney indicated that it would be possible to
impose such limitation. (The current Landlord Permit Ordinance,
Section 117.03(B) states ... "that number (of persons) shall be no
more than tva per bedroom plus two additional persona per unit,
provided nothin$ in this section shall permit the rental of a unit in
a manner which violates the definition of family .... Thin section
shall not be interpreted to prohibit · landlord from renting a unit to
a family aa defined by 173.001." The wording of the ordinance ia
unusual but seems to indicate a landlord can rent a unit to an
unlimited number of persons providing they meet the "single family
definition" in the case of a "lineal relationship" family,
Obviously, the current ordinance also defines a family as no more than
three (3) unrelated individuals so for the "unrelated" family
portion of the ordinance there would be · "cap" on occupancy).
In light of the above, I believe further discussion is required to
determine whether there should or could be an occupancy cap on rental
units regardless of whether the occupancy is a single family (e.g.,
should there be a limit even if a landlord wishes to rent co ~en (lO)
related persons?).
3. ~ethsr or not vehicls parking restrictions should be enacted or
rsco~mended~
a. prohibit parking in rliht~of-way areas during certain times,
b. p~ohibit parking in vacant lots, and
c. prohibit parking on other unpaved or unapproved surfaces (front
yard, back yard, etc.).
I believe that one more meeting of the Family Definition Review Com~ittee will
be necessary prior to preparing a final recommendation to revise the current
ordinance.
At the next meeting~ which ! vi11 schedule, it would be beneficial if each
committee member would prepare his or her recomendation on a family definition
ordinance. ~or info,attune1 pu~oses, I have included below the
Definition of "Family" that vas in effect Just prior to the current definition
(which is contained in ordinance section 173.001)I
~a~ily. One (1) or more persons i~edtately related by blood~ carriage or
adoption and ltvin8 as a single housekeeping unit i~ a dvellin8 shall
constitute a ~aatly. A lastly say include~ tn addition~ not aura than
three (3) persons who are unrelated. ~e following persons aha11 b~
considered related for the purpose of thin title~
(1) A person(a) residing with a family for the purpose of adoptionl
(2) Not sore than five (5) persons under 19 years
foster home licensed or approved by the State of
(3) Any petso~ who is living with a family at the direction of a court.
I wish to thank eve~ comities member for their interest and participation
the first comities ueetinS.
RB:mh
ccz Lula Butlsr ,.
DISTRIB~ION~
Jeff Eurtz~ City Attorney
Jerry $anzone, Chief Building Official
David Kovaca~ Planntn8 & Zonin8 Director
Dorothy Ellington~ Co.unity Development Director
Hike Caco~ D~vialon Chief-FPB
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER?~{
SUBJECT: AGENDA ITEM #;~ - MEETING OF JANUARY 26, 1993
ORDINANCE NO. ll-93/DEFINITION OF FAMILY
DATE: JANUARY 22, 1993
This is first reading of an ordinance which would amend the
definition of "Family" as currently set forth at Appendix "A" of
the City's Land Development Regulations.
This proposal has been recommended by the Neighborhood Task Team
in order to further limit the number of unrelated persons who can
reside in a single family dwelling unit. The current code allows
up to five (5) unrelated individuals; the proposed ordinance
would restrict the number of three (3) unrelated persons.
Staff does not feel there have been major problems or
difficulties in enforcement with the present definition of
"family." Lula Butler, Director of Community Improvement, has
also reported that certain other recommendations which were made
to address overcrowding are already contained in existing
ordinances and could best be accommodated through consolidation
in an administrative operating policy. A detailed staff report
is attached as backup material for this item.
The Planning and Zoning Board formally reviewed this item on
January 11, 1993, and forwarded the item with a recommendation of
denial on a 4-1 vote (Beer dissenting; Currie and Felner absent).
Recommend denial of Ordinance No. 11-93 on first reading.
ORDINANCE NO. 11-93
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING APPENDIX "A",
"DEFINITIONS", OF THE LAND DEVELOPMENT REGULATIONS OF
THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH,
FLORIDA, BY AMENDING THE DEFINITION OF "FAMILY";
PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE,
AND AN EFFECTIVE DATE.
WHEREAS, the Neighborhood Task Team proposed a change to
the existing definition of "Family" as currently codified at Appendix
"A", "Definitions", of the Land Development Regulations of the C_ty
of Delray Beach, Florida; and,
WHEREAS, the Neighborhood Task Team requested a change to
the existing definition of "Family" to further limit the number of
unrelated persons who may reside in a single dwelling unit; and,
WHEREAS, pursuant to LDR Section 1.1.6, the Planning and
Zoning Board, sitting as the Local Planning Agency, reviewed the
subject matter at its meeting of January 11, 1993, and has forwarded
the change with a recommendation that it not be adopted; and,
WHEREAS, the City Commission of the City of Delray Beach,
Florida, finds that the change is not inconsistent with the
Comprehensive Plan.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the definition of "Family" found in
Appendix "A", "Definitions", as referred to in Section 1.4.5,
"Definitions", of Article 1.4, "Interpretation, Enforcement, And
Penalties", of Chapter 1, "General Provisions", of the Land
Development Regulations of the Code of Ordinances of the City of
Delray Beach, Florida, be, and the same is hereby amended to read as
follows:
FAMILY: One or more persons related by blood,
marriage or adoption occupying a single dwelling unit
as a single housekeeping unit and sharing common
facilities. In addition, ~f/~/f~I~/~~/~f~/I
~/~/~~I/If~/~//~I~/~/l~
~ll~ll~I~llZ~ll~llf~I~/l~II///b~
~~/~//~Z~I/~//~/~I~//~//~
f~m~I~/~II//~//~~ no more than two (2)
unrelated persons may occupy a sinqle dwelling unit.
The following person or persons shall be considered as
related to the family (as opposed to an unrelated
person or persons) and will be counted as family
members: a. A person or persons residing with the
family for the purpose of adoption by the family; b.
Any person or persons residing with the family at the
direction of a court.
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 a
whole or part thereof other than the part declared to be invalid.
Section 3. That all ordinances or parts of ordinances
which are in conflict herewith are hereby repealed.
Section 4. That this ordinance shall become effective ten
(10) days after its passage on second and final reading.
PASSED AND ADOPTED in regular session on second and final
reading on this the day of , 1993.
MAYOR
ATTEST:
City Clerk
First Reading
Second Reading
- 2 - Ord. No. 11-93