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 Delray Beach
 Code of Ordinances
 Title 3. ADMINISTRATION
 Chapter 30. CITY COMMISSION
 ORDINANCES

§ 30.15. WAIVERS OF CITY ORDINANCES.

Latest version.

  • (A)

    Unless a specific waiver or modification provision is provided for elsewhere in this Code, in all instances wherein the City Commission is requested to waive or otherwise modify the written provisions of this Code, the City shall provide by publication in a newspaper of general circulation in the City a notice (on a form to be provided by the City) of the proposal or request for the waiver or modification, setting forth the City's ordinance requirements and the proposed waiver or modification. This notification shall be published not less than ten (10) calendar days in advance of the City Commission's consideration of this waiver or modification. All costs associated with the publishing of the notice shall be paid by the person requesting the waiver. Nothing in this Section shall preclude the City Manager from making individual notifications as he deems appropriate.

    (B)

    At the time of City Commission's consideration of same, the City Commission shall conduct a public hearing on the request. Notwithstanding these requirements, in the instances wherein an applicant for a waiver or modification demonstrates to the satisfaction of the City Commission that same is an emergency not due to the fault or circumstances within the control of the applicant, the City Commission may deem it to be an emergency and need not abide by the requirements of the notification in advance or the public hearing requirements set forth herein.

    (C)

    The person making the waiver request shall submit a one hundred dollar ($100.00) processing fee for each waiver request.

    (D)

    A person or entity requesting a waiver of a City ordinance as part of a special event request shall not be required to go through the procedure set forth above in Section 30.15(A)—(C). Waivers associated with special events may be requested through the special event application process and the City Commission or the City Manager or his/her designee shall have the authority to review and approve the waivers as part of the special event permit application process.

(Ord. No. 47-86, passed 7/22/86; Ord. No. 5-91, passed 1/29/91; Ord. No. 27-13, § 1, passed 11/5/13)