38-91 FAILED
ORDINANCE NO. 3E-91
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING CHAPTER 2, "ADMINI-
STRATIVE PROVISIONS", ARTICLE 2.2, "ESTABLISH~4ENT OF
BOARDS HAVING RESPONSIBILITIES FOR LAND DEVELOPMENT
REGULATIONS", SECTION 2.2.2, "THE PLANNING AND
ZONING BOARD", OF THE LAND DEVELOPMENT REGULATIONS
OF THE CODE OF ORDINANCES OF THE CITY OF DELHAY
BEACH, FLORIDA, BY AMENDING SUBSECTION 2.2.2(E),
"DUTIES, POWERS, AND RESPONSIBILITIES", TO PROVIDE
IN PARAGRAPHS 2.2.2(E){6) AND (7) THE ABILITY FOR
THE PLANNING AND ZONING BOARD TO DENY LAND USE
REQUESTS; PROVIDING A REPEALER CLAUSE; PROVIDING A
SAVING 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 Chapter 2, "Administrative Provisions",
Article 2.2, "Establishment of Boards Having Responsibilities For Land
Development Regulations", Section 2.2.2, "The Planning and Zoning
Board", Subsection 2.2.2(E), "Duties, Powers, and Responsibilities' ' ' ", 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:
(6) The Board shall review and make recommendations to the
City Commission for approval, or make a final action of denial,
with respect to the following items, pursuant to the procedures and
standards of the Land Development Regulations:
(a) Amendments to the Comprehensive Plan and to the Future
Land Use Map;
(b.) Rezoning of land and changes to the text of any portion
of the Land Development Regulations (LDR);
(.c) The annexation of territory to the City;
(d) Establishment of a conditional use;
(e) The abandonment of right-of-ways or public easements
excepting single purpose easements;
(f) ~he-app~eva} -~-~em~a~ -e~-sSite and development master
plans as required in certain "planned" zoning districts.
* .... The-es~a~shme~-e~-eha~e-~-s~ee~-~ames?
Any of the above matters in which the Board denies the request
may be appealed to the City Commission pursuant to Section 2.4.7(E)
of the Land Development Regulations.
(7) The Board has the authority to take action on the
following items pursuant to the procedures and standards of the
Land Development Regulations:
{a) Approval or denial of a preliminary subdivision plat;
(b) Certification of a final subdivision plat;
(c) Granting of relief from the number of parking spaces
required for specific uses pursuant to Section
4.$.9(C)(1)(g);
(d) ApD~eva}-e9 Action on certain site and development plans
and modifications and extensions thereto;
(e) Determinations of Similarity of Use;
(f) The establishment or chan~e of street names.
An~ of the above matters on which the Board denies a request
may be appealed to the City Commission pursuant to Section 2.4.7(E)
of the Land Development Regulations.
FAILED ON FIRST READING - 4/9/91
FAILED
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 deci-
sion shall not effect the validity of the remainder hereof as a whole
part thereof other than the part declared to be invalid.
Section 3. That all ordinances or parts of ordinances which
are in conflict herewith be and the same 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 , 1991.
MAYOR
ATTEST:
City Clerk
First Reading
Second Reading
2 ORD. NO. 38-91
FAILED ON FIRST READING - 4/9/91