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33-91 ORDINANCE NO. 33-91 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH.. FLORIDA, AMENDING APPENDIX "A" OF THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY REPEALING THF. DEFINITION FOR "NONCONFORMING USE"; BY ENACTING DEFINITIONS FOR T~E TERMS "AUTOMOBILE BROKERAGE", "AUTOMOBILE DEALERSHIP, FULL SERVICE", "LAND DEVELOPMENT APPLICATION", "MAJOR SUBDIVISION", "MINOR SUBDIVISION", "NONCONFORMING USE", AND "SUBSTANCE ABUSE"; BY DELETING REFERENCE TO THE TERM, "MINOR SUBDIVISION" IN THE DEFINITION OF "SUBDIVISION"; PROVIDING A SAVING CLAUSE; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING AN EFFECTIVE DATE. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That Appendix A of the Land Development Regulations of the Code of Ordinances of the City of Delray Beach, Florida, be, and the same is hereby amended by repealing the definition of the term "Nonconforming Use". Section 2. That Appendix A 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: AUTOMOBILE BROKERAGE The conduct of business lesu~.t.%aq in the sale uf =n ~.utu:~:~.--.D~-'.-. uther th-~n when a part of new and/or used car sales. AUTOMOBILE DEALERSHIP, FULL SERVICE The ?.rovision of all services necessary to ac.".ommc~ate the .~ale an~ service of new automobiles Lncluding franchise sales. At a minimum, all of the following must be accommodated at the dealership site in o~der to qualify as a full service auto- mobile dealership, franchise auto sales, auto repair, and auto service. LAND DEVELOPMENT APPLICATION A request for any of the processes which are necessary to obta%n development permission including, but not limited to, the ~rocessing of annexations, rezonings, conditional uses, site plans, landscaping plans, architectural elevations. MAJOR SUBDIVISION An~ subdivision other than a minor subdivision. MINOR SUBDIVISION ADy subdivision which is, or involves, one of the following: i. the creation of not more than three lots each of which fronts on an existing street, and which involve neither the extension of utilities, nor the providing of additional 2. ~:he creation of a plat solely for the purpose of creating divided interests for a previously approved develop- stent, which is to be constructed pursuant to a master develop- ment or s%te plan, other than residential development; 3. a boundary plat~ or 4. a one time splitting of an existing lot of record. NONCONFORMING USE Any building or land lawfully occupied by a use at the effec- tive date of an ordinance, or amendment thereto, which does not conform after the passage of the ordinance, or amendment, with the use requirements of the district in which it is situated. SUBSTANCE ABUSE A term which is all encompassing with respect to facilities and uses which involve alcohol abuse, drug abuse, halfway houses, and residential treatment programs. Section 2. That Appe~dix A 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: SUBDIVISION Any land, vacant or improved, which is divided or proposed te be divided into two Dr more lots, parcels, siges, uni=s, plots for the purpose of offer, sale, or development either on the installment plan or upon any and all other plans, and conditions. The act "Subdivision" includes the division cr development of re rial and nonresidential zoned land, as well as zhe division of units, whether by need, me~es and bounds description, devise, intestate, lease, map, plas, or o~her recorded instrument. For purposes of this chapter, '~Subdivision~' includes condominiums, cooperatives, and rental units. "Subdivision" includes resubdividing as rep!ats. ~ae~es -~m -~he -e~eae~n -e~ -any -pub}~e -~mp~emen~s= --^ ~B~w~gn-meams -a~ -s~B~s~s -~ -~ass~e~ -as -m~ Section 4. That should any section or provision of th~s ordinance or any portion thereof, any paragraph, sentence, or wo~d be declared by a court of competent jurisdiction to be invalid, such deci- sion shall not affect the f the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 5. That all o.;dinances or parts of ordinances which are in conflict herewith are hereby repealed. Section 5. That this ordinance shall become effective ten ~i0} days ar=er its passage on second and final reading. NO. 33-91 ?ASKED ~D ADOPTED in regular session on second and final ~ading on this the 26th day of March ~~~ C~.ty Cler~ - - First Reading. March 13, 1991 Eecond Reading. March 26, 1991 BOCA RATON NEWS ' DELRA~' BEACH NEWS BOYNTON BEACH NEWS 7:~ P~, (~ ~M~~ ~~ Published Monday thru Sunday ~:w ~ ~ ~:w ~. ~ ~ ~. ~ ~ ~ ~ Boca Rain. Palm Beach County. Florida Delray Beach, Palm Beach County, Florida S~CH, FL~I~ REZ~IK AND ~Cl~ ~NO PRESENTLY Z~EO R-IA CS~LE FMI~Y RESI~NT~) DISTRI~, ~N ~T, *NO (GENE~ CMKI*~) D/STRI~, IN P~RT, ~N CF (C~UNI~ · T~T~ OF FLORIDA cmkITmEs) DISTRI~; ~ID ~ND BEl~ A ~T~ ~ BL~K ~ ~L- RAY BEACH, AC~RDING TO THE P~T THERE~ REC~O mN P~T COUNTY OF PALM BEACH m~K L PAGE 2, PUmUC aEc~m oF PA~ mEAC, C~NTY, FtONJ~ AND ~TEO AT THE ~ST CO~NER OF N.W. 4TH AVENUE ANO N.W. IST ~TN~; ~0 MNOi~ ~ON(~ DiSTRiCT '~, Before the undeFsigned a~thoFity persona~y m~c., ~ ~; ~mm~ ~ ~E.E~.~. c~u~; PROVJDI~ A ~VI~ C~U~; ~IDJ~ AN EFFE~IVE ~TE. appe~ed NANCY WA~ who on oath says that she is the Classified Advertising Manager of the Boca AN OROINAN~ ~ ~E C1~ ~ ~ THE CITY ~ ~Y R~tO~ N~WS ~d the D~y B~oh ~ews, d~y B~CH, F~ORI~ MNOIN C~KER & ~ONIN6 SE~ION ~ ~PGCm*k ~)VIT~ES DISTRICT (~)', ~ THE ~D ~WS~pe~ p~b[i~hed ~ Boo~ ~o~ i~ ~12 ~VELO~ENT RE~TI~S ~ THE C~ ~ DEhRAY FhOR)D~ BY MNDIK SUBSECTI~ ~U(C)(3) FOR INC~USI~ B~O~ ~O~y, F~o~id~; th~ ~h~ ~O~d copy O~ THE ~NITIA~ ~PPROVAh PERE~ WITHIN THE EN~T~ F~ ~RGE ~LE MIXED U~ ~YEhO~ENT; BY MENO)~ SU~ ~dY~2~ W~ p~b[~d i~ ~2d ~w~s SECTION ~I),I~.D.Y, TO P~l~ ~ EXTENSI~ ~ ~E D*TE ON ~ICH ~FPR~ FO~ THE ~R)~ ~Y ~D EXP~ES TO AUGUST C~USE; FROV)DI~ *N EFFE~)VE ~TE. ~ ~ . ~ AN ORDIN~CE OF THE Ci~ ~l~l~ ~ THE CITY OF ~L~Y ( B~CH, FLORIDA, MNDING ORDINANCE ~. ~M, TO PROVIOE FOR AN EXTENSJ~ OF THE AP~AL ~TE FOR THE ~RINA ~Y TO AUGUST ~ ~; PROVIDIK A ~VIK C~; FROVtDING A PEALER C~USE; PROWDI~ AN EFFE~VE ~TE. AN ORDINAte ~ THE Cl~ C~I~ION ~ THE CI~ ~ DELRAY BEACh, FL~IDA, MEND4K ~AKER ~, ~AR~GE AND TRA~, SUSH~ ~TES AND CHAR~, M THE C~ ~ ORDI~NCES OF THE C~ OF DELRAY B~, FLOR&~ BY MNDING SECTION Affiant further says that the s~d Boca BaCon ~.,, ~ET~ ~ $1LLI~ F~ C~R~, TO P~OVI~ THAT THE News and DeMay Beach News are newspapers pub- PAID "~E ~ DELI~ENT AC~ .ECE,I~ ~YPE E ~- lished at Boca Raton. in said P~m Beach County. C~A.,~ C~U,.. *.~ C~K,AC ..~ CO.T*,.~ Florida, Monday'~-- *~.x-uu~.~ -~--'ou.u~y. and have been ~S.T ACCO....Ce~,~ .~ Z ~C~..~ CO.T*m.~ entered as second class matter at the post office in ~T~ .~ ~ U ~K~.T ~ A~ ~T~m MT~ OF Boca Raton, Palm Beach. County, Florida, for a ps- . c~us~; ~,ovm,~ A,..~ roTE tied of one year next preceding the f~st publica- tion of the attached copy of advertisement; and ~. ~ ~c~~ T~ C~ ~ ~ affi~n~ f~rther ~ays that she h~ neithe~ p~d nor ;;~Z ~*~'~ ~ ~ a~, promised any person, f~m or corporaMon any dis- :~;,~ of pose this ~dv~Ftis~2~t for in said newspapers. ~*.~p ~.Em .~ ~, ~ ~ i~ ~ / AN ORDI~ ~ THE ClW CWZI~ ~ THE Cl~ OF OELRAY ' , ' . , ' 5ECTI~ 4.~1(C1; ~SlG~T~ ~E~RE~, ~ ~E ~ND ~VEL- / · OPMENT REGU~TI~S ~ THE ~ M ~DI~KE5 OF THE OF ~LRAY B~H. FL~I~ iY REN~RI~ EXISTI~ GRA~ ~1(C~) ~ ~1(C)~ A~ BY E~T~ NEW HISTORIC PRESERVATI~ ~RD ~ F~ ~ TO ~SIG~T. ~O~ tO ~d s~b~o~[bod bo~o~ 2o bh~ lNG a SiTE AS eEl~ HIST~IC, IK~DI~ ~lSi~S FOR ~eLIC HEARI~ AND F~ A~PROVAL IY T~ Cl~ C~I~; A ~ViNG C~USE; PROVIDI~ A GENERAL NEWLER C~USE; ~ ~ ~ ~ri~ ~h ~ mil ~ i ~ M ~ W~, Ci~ C~ PUBLISH: ~ ~ ~ THE ) /..~ /'-