05-29-90 Special
CITY OF DELRAY BEAeH, FLORIDA
SPEeIAL MEETING - eITY eOMMISSION
May 29, 1990
6:00 P.M. AGENDA eommission ehambers
Please be advised that if a person decides to appeal any decision made
by the City eommission with respect to any matter considered at this
meeting or hearing, such persons will need a record of these
proceedings, and for this purpose such persons may need to ensure that
a verbatim record of the proceedings is made, which record includes
the testimony and evidence upon which the appeal is to be based. The
City does not provide or prepare such record.
SPEeIAL MEETING
Pursuant to Section 3.07 of the City eharter of the eity of Delray
Beach, Florida, Mayor Thomas E. Lynch has instructed me to advise you
of a Special Meeting of the eommission to be held in the eommission
ehambers at 6 P.M. on Tuesday, May 29, 1990.
This meeting has been called for the purpose of considering:
1. Presentation reo Division of the Planning and Zoning Board.
2. Determining the purpose and need of Advisory Boards.
A. Planning and Zoning Board
B. Historic Preservation Board
C. eommunity Appearance Board
D. Board of Adjustment
3. Discussion reo Appointment of eommissioners as Liaison members of
City Advisory Boards.
4 . Discussion reo Golf Course Management.
{;uMn 1'!ftc ~ !lady'
Alison MacGregor Harty
eity elerk
.
CITY eOMMISSION WORKSESSION DoeUMENTATION
TO: eHERYL LEVERETT, ADMINISTRATIVE ASSISTANT III
~Y CLERK'S OFFIeE
FROM: ~I~~V~~TOR
DEPARTMENT OF PLANNING AND ZONING
SUBJEeT: eITY eOMMISSION WORKSESSION OF MAY 29, 1990
BOARD AND eOMMISSIONS DEALING WITH DEVELOPMENT
ITEM BEFORE THE eOMMISSION:
The item before the eommission is that of review and
discussion of eommission appointed Board and eommissions
which are involved in the land development process. These
include:
* Planning and Zoning (P&Z)
* eommunity Appearance (eAB)
* Board of Adjustment
* Board of eonstruction Appeals
* Historic Preservation Board (HPB)
Although involved in the planning and development items, the
Downtown Development Authority and the eommunity
Redevelopment Agency are not being addressed at this time.
BACKGROUND:
In general, the eommission has decided to examine the structure
of all of its appointed advisory bodies. This first focus is
upon the "development" bodies. About three years ago there was
considerable focus upon the P&Z Board, the eAB, and the Board of
Adjustment. At that time, the HPB was just created. Around
October of 1987, the eommission held a worksession and the role
of each of those three boards was addressed. Some changes were
made and the system functioned okay.
A year or so later, a consideration of "combining" boards was
again aired but the general opinion of the Commission seemed to
be ,"it works okay, don't fix it". Besides, it was generally
agreed that any reorganization would best occur as a part of the
revisions which were to be made to the land use review process
subsequent to the adoption of the Comprehensive Plan.
There is no detailed directive in the eomprehensive Plan as to
how a reorganization, if any, is to be accomplished. The Plan's
d~rection is found in Policy A-5.4 of the Land Use Element, to I
Wlt:
-
eity eommission Worksession Documentation
Board and Commissions Dealing with Development
Page 2
"The land use regulations (zoning, subdivision, landscaping,
signing, Community Appearance Board, Historic Preservation)
shall be integrated in order to provide "streamlining" of
current procedures. Specific provisions dealing with
administration, hearings, processing and standards shall be
established. Each zoning district shall have a specific
purpose statement."
However, other aspects of the eomprehensive Plan provide a role
for the Local Planning Agency (currently the P&Z Board) which
goes beyond what it has traditionally performed. This role deals
more with policy, determinations of consistency, program
management, capital improvement coordination, and action on City
projects.
There have been other policy considerations which have received
formal, or informal, endorsement. These include:
* having the HPB perform site plan review for projects
which are within the Historic Districts
* providing greater staff authority in approval of sign
permit applications
* providing greater staff authority in approval of other
land use functions.
All of the above have been considered in the preparation of the
first draft of Chapter Two of the future Land Development
Regulations ( LDRs ) . That draft chapter is attached for your
information. Please be aware that the draft chapter must be
considered along with changes to the processing of land use
applications which are contained in another chapter. Because all
of this material may be quite overburdening, only Chapter Two is
being attached. During the presentation, we will tie the roles
of the review boards to the proposed review process.
METHOD OF PROeEEDING:
A suggested format to be used in the worksession follows:
PRESENTATION:
A. Presentation of the current process (flow) of project
review.
B. Identification of some of the problems which exist.
c. Requirements of the Comprehensive Plan which alter the
role of the Local Planning Agency.
D. The development review roles and authorities as put
forth in the draft LDR.
'.'
eity eomrnission Worksession Documentation
Board and eomrnissions Dealing with Development
Page 3
DISCUSSION:
E. Discussion by the eomrnission as to the LDR proposal.
F. Discussion by the eomrnission with respect to
qualifications, terms, method of appointment, etc.
G. Time frame for implementation*
* The LDRs are targeted to be adopted with an
effective date of September 1, 1990. At that time
five of seven appointments come up on the present
P&Z Board; two of five appointments on the CAB
occur on August 25th. The Board of Adjustment has
one appointment expiring in March, 1991, and the
rest in 1992 and 1993. This Board has three year
terms whereas the others have two year terms.
Attachment:
* Draft Chapter Two of the LDR
* Matrix re Land Use Approval Authorities
* Matrix re Site Plan Approval Authorities
DJK/#64/eeBOARDS.TXT
.
ARTIeLE 2.2 ESTABLISHMENT OF LAND DEVELOPMENT BOARDS
This Article establishes the Boards which are primarily
responsible for the implementation and application of these Land
Development Regulations. General provisions which govern each
Board along with specific provisions for individual Boards and
establishment of powers, duties, and responsibilities are
set forth herein.
Section 2.2.1 General provisions
(A) Qualifications
(B) Compensation and Reimbursements
(e) Appointment and Term, Officers
(D) Meetings
(E) Removal of Members, Vacancies
(F) Assignment of Administrative and Legal
Support Services
Section 2.2.2 The Planning and Zoning Board
Section 2.2.3 The Site Plan Review & Appearance Board
Section 2.2.4 The Board of Adjustments
section 2.2.5 The Board of eonstruction Appeals
Section 2.2.6 The Historic Preservation Board
2 .,,~ ck \f3'4I!. in --=-\Get
Section 2.2.1 -'=-- ~ ~;t#~$j(~1r~he following general
provisions apply to all Boards esta lished under this Article.
Additional provisions pertaining to any of the following matters
may be found within the Sections pertaining to individual Boards. V
. . Q...
(A) Qualifications: A member shall either be a resident of (: ~l>';~~
~~
the eity or shall have his principal place of business in the ~ C' ~:'.
13cl ~ ~
City. No member shall hold another public office or position "P \.),,\~\
within the eity government. Additional qualifications may be ,I \l;~ ,,:..
established for individual Boards. ~~""~ )
(B) eompensation and Reimbursements: All members shall serve
without compensation. Reimbursement of expenditures incurred by
members in the performance of their duties shall be provided
pursuant to policies of the eity Commission. The cost of general
operating needs shall be a part of the budget of an operating
department or division as assigned by the City Manager.
(e) Appointment and Term, Officers:
(1) Members of a Board shall be appointed by the City
Commission. A term shall consist of two years or the completion
of an unexpired term and the subsequent two years; except in the
case of reorganization or reconstitution of a Board in which case
three members shall be appointed for an initial term of one year.
A member shall not serve more than two successive terms on a
Board.
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....
(2) A Board shall elect from among its members a
Chairperson, Vice-Chairperson, and 2nd Vice-ehairperson.
Elections shall be held at a Board's regular monthly meeting in
June of each year. The ehairperson shall call all meetings of
a Board to order and shall conduct business pursuant to Roberts
Rules of Order. In the absence of the ehairperson, the
Vice-ehairperson shall call and conduct meetings. In the absence
of both, the 2nd Vice-Chairperson shall call and conduct
meetings. In the event of a vacancy in an office, a Board shall
hold a special election for any such vacancy when a full
membership has been appointed by the eommission. An officer may
succeed himself.
( 3 ) An employee of the ei ty shall be designated as an
"Ex-Official" member of a Board and shall sign documents as the
Secretary of a Board.
(D) Meetings: In addition to required meetings set forth
specifically for each Board, additional business meetings and
work sessions may be held as desired. All meetings shall be
notice pursuant to Section 2.4.2(A) and open to the public.
(E) Removal of Members, Vacancies: ~~~~
(I) Members of a Board shall be removed by t~ City
eommission upon a finding of inefficiency, neglect of ~~-ty, or
malfeasance in office. The missing of three consecutive'business
meetings of a Board shall automatically constitute a finding of
neglect of duty.
(2) Vacancies which occur because of resignation, removal,
or expiration of a term shall be filled with a new appointment or
reappointment pursuant to policies of the City Commission and
requirements of Subsection eel).
(F) Assignment of Administrative and Legal Support Services:
(1) The eity Manager shall assign appropriate staff,
pursuant to Article 2.1, to assist each Board in the performance
of its duties.
(2) The Chairperson of each Board may request the services
of the City Attorney for any meeting of that Board. Other
services of the City Attorney shall be obtained through the
standard operating procedures of the Administration.
Section 2.2.2 The Planning and Zoning Board
(A) Creation: A Planning and Zoning Board for the City of Delray
Beach is hereby created under the authority of the City eharter
Section 3.08.
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(B) Local Planning Agency: The Planning and Zoning Board is
hereby designated as the Local Planning Agency for the City of
Delray Beach.
(e) eomposition: The Planning and Zoning Board shall consist
of seven (7) members.
(D) Meetings: The Planning and Zoning Board shall hold at least
one regularly scheduled business meeting each month with said
meeting being duly noticed and held in the evening hours.
(E) Duties, Powers, and Responsibilities:
( 1 ) The Board shall prepare and maintain a eomprehensive
Plan in compliance with the Florida State Planning Statutes (163
and successor legislation) and Part V.B.4 of the Comprehensive
Plan.
( 2 ) The Board shall, on an annual basis, prepare a formal
Evaluation and Appraisal Report (EAR) of the Comprehensive Plan
and shall transmit said report to the State Department of
Community Affairs (DeA) through the City eommission. The EAR
shall address items identified in Part V.C. of the Comprehensive
Plan.
( 3 ) The Board shall, on an annual basis, in a public
meeting, review reports prepared pursuant to Part V.B.I and V.B.2
of the eomprehensive Plan.
( 4 ) The Board shall, on an annual basis, in a public
meeting, review the proposed capital budget for the ensuing
fiscal year pursuant to Part V.B.3 of the Comprehensive Plan and
shall be guided by Policy F-2.2 of the Public Facilities Element.
( 5 ) The Board shall hold a public hearing(s) in the winter
months of each year for the purpose of obtaining public input
before prioritizing capital improvement needs for the subsequent
fiscal year. (PF F-2.1)
(6) The Board shall review and make recommendations to the
City eommission with respect to the following items, pursuant to
the procedures and standards of the Land Development Regulations
( LDR) :
* Amendments to the eomprehensive Plan and to the Future
Land Use Map
* Rezoning of land and changes to the text of any portion
of the Land Development Regulations (LDR)
* The annexation of territory to the eity
* Establishment of a conditional use
* The abandonment of right-of-ways or public easements
excepting single purpose easements
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* The approval or denial of site and development master
plans as required in certain "planned" zoning
districts
* The establishment or change in street names
(7 ) The Board hereby has the authority to take action on
the following items pursuant to the procedures and standards of
the LOR:
* Approval or denial of a preliminary subdivision plat
* Certification of final subdivision plat
* Granting of relief from the number of parking spaces
required for specific uses
* Approval of certain site and development plan,
modifications and extensions thereto
* Determinations of Similarity of Use
( 8) The Board shall be consul ted when it is necessary to
make findings addressing consistency between Land Development
Applications (LOA) and the Comprehensive Plan. The Board must
make such findings for any LDA which goes before it. (LU A-S.6;
CIE A-7))
( 9 ) To provide "good offices" and assistance to other
governmental boards, conunissions, and conunittees in the
fulfillment of goals, objectives, and policies of the
eomprehensive Plan.
t
Section 2.2.3 The Site Plan Review and Appearance Board ,
( A) ereation: A Site Plan Review and Appearance Board for the
City of Delray Beach is hereby created. The purpose of this Board
is to promote certain functional and aesthetic goals, objectives
and policies as set forth in the eity's eomprehensive Plan.
(B) eomposition and Special Qualifications:
( 1 ) The Site Plan Review and Appearance Board shall consist
of five (5) regular members. In addition, there shall be two (2)
alternate members. In the absence of a regular member, an
alternative members shall be called to sit, and act on behalf of
the regular member by the Chairperson of the Board.
( 2 ) Two regular members of the Board shall be registered
architects; one member shall be a landscape architect or a person
with expertise in landscaping or horticulture; and whenever
feasible, one of the alternate members shall be a registered
architect.
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.
(C) Meetings and Quorum:
(I) The Site Plan Review and Appearance Board shall hold at
least one regularly scheduled business meeting each month with
said meeting being duly noticed and held in the evening hours.
(2) Four members of the Board, either regular members or
~lternates, shall constitute a quorum.
(D) Duties, Powers, and Responsibilities:
(1) The Board hereby has the authority to take action on
the following items pursuant to the procedures and standards of
the LDR:
* Certain site and development plans
* Preliminary and final landscape plans
* Master Sign Programs
* Signage as required by Section 3.7.7
* Appeal of administrative interpretations made in
application of the sign code and the landscaping code
* Architectural Elevations
* Streetscape and Landscape features e.g. walls, fences,
lighting, dumpster enclosures, etc.
(2) The Board shall review and make recommendations to the
eity Commission with respect to the following items, pursuant to
the procedures and standards of the Land Development Regulations
( LDR) :
*
(3) To provide "good offices" and assistance to other
governmental boards, commissions, and committees in the
fulfillment of goals, objectives, and policies of the
eomprehensive Plan.
Section 2.2.4 The Board of Adjustments
(A) ereation: A Board of Adjustment for the City of Delray Beach
is hereby created under the authority of the eity eharter Section
3.08.
(B) Composition: The Board of Adjustment shall consist of five
regular members. In addition, there shall be two (2) alternate
members. In the absence of a regular member, an alternative
members shall be called to sit, and act on behalf of the regular
member by the ehairperson of the Board.
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(C) Meetings and Quorum:
(1) The Board of Adjustment shall hold two regularly
scheduled business meeting each month. However, the required
regular meetings shall be cancelled if there are no petitions
before the Board.
(2) A quorum of the Board consists of four (4) members.
The concurring vote of four (4) members shall be necessary to
decide in favor of an applicant with respect to reversing a
decision of the ehief Building Official or the granting of a
variance.
(3) The Chairperson may administer oaths and compel the
attendance of witnesses.
(D) Duties, Powers, and Responsibilities:
(1) The Board hereby has the authority to hear and decide
appeals where it is alleged there is an error in any order,
requirement, decision, or determination made by the ehief
Building Official, with the exception of interpretations of use
matters and other items specifically preempted or granted to
others pursuant to these Land Development Regulations of the City,
with respect to matters of enforcement and jurisdiction of the
Chief Building Official and these Land Development Regulations.
( 2 ) The Board, so long as its actions are in conformi ty
with the terms of these Land Development Regulations may reverse
or affirm, wholly or partly, or may modify the order,
requirement, or decision, or determination appealed from and may
make such order, requirements, decision, or determination as
ought to be made, and to that end shall have powers of the ehief
Building Official from whom the appeal is taken. _
1-fC."") -tk ~t~~ '\\4.'(~~~\eWICI~ !c+~~'.. S.c..~\Af --f.3.~
( 3 ) The Board here'f!... has the authority to grant var iances1
from the provisions of: 'ERe ~~~3tl::~C.L .u~qulremtjtorlav '-!.J-1.'
i..nn ; uid"~ 1 7ol1iR.~ ~UstriQt:& rom the provisions of the
supplemental district regulations (Article~ except where said "
authority is expressly prohibi ted or granted to others,(. (...) ~rJ"\-1.
~prohibitions include, but are not limited to: ~... (\
1 . 11... l~~
(C\) use var~ances G...t c w'
(~) consideration of architectural elevations n~ ~
(.) consideration of landscaping plans ~4S
(~ variances for signs and signage .
(~) any action within a designated Historic
_ Preservation District or upon a Historic Site
(~ variances to height regulations
- 6 -
( 4 ) To provide "good offices" and assistance to other
governmental boards, commissions, and committees in the
fulfillment of goals, objectives, and policies of the
eomprehensive Plan.
Section 2.2.4 The Board of eonstruction Appeals
( A) ereation: A Board of eonstruction Appeals for the eity of
Delray Beach is hereby created. The purpose of this Board is to
provide an avenue for relief, when warranted, from provisions of
certain building and construction codes.
(B) eomposition and Special Qualifications:
(1) The Board of eonstruction Appeals shall consist of nine
members.
( 2 ) The composition of the Board shall be as follows: two
( 2 ) general contractors; one ( 1) master plumber; one ( 1)
architect; one ( 1 ) master electrician; one ( I) air conditioning
contractor; one ( I ) sign contractor; one (1) real estate broker
or insurance agent; and one (I) professional engineer.
( 3 ) All members shall have actual previous experience in
their respective trade or profession to a degree deemed
sufficient by the City Commission.
(e) Meetings and Quorum:
( 1) The Board shall hold at least four regularly scheduled
business meeting each year.
( 2 ) Five members of the Board shall constitute a quorum.
( 3 ) No action shall be taken on any matter except upon the
concurring vote of not less than five members.
(D) Duties, Powers, and Responsibilities:
( I) The Board hereby has the authority to take action on
duly filed appeals with respect to the action of the ehief
Building Official concerning interpretation, administration, or
enforcement of the following:
(a) Building eode, Article 7.1
(b) Gas eode, Article 7.3
(c) Mechanical Code, Article 7.5
(d) Plumbing eode, Article 7.6
(e) Electrical eode, Article 7.2
( f) Housing eode, Article 7.4
(g) Elimination or Repair of Unsafe Buildings, Art 7.8
(h) Moving of Building
- 7 -
.
(2) The Board, so long as the action is in conformity with
the terms of these Land Development Regulations, may reverse or
affirm, wholly or partly, or may modify the order, requirement,
decision, or determination appealed from and may make the order,
requirement, decision, or determination as should be made, and
to that end shall have powers of the Chief Building Official from
whom the appeal is taken.
(3) To provide "good offices" and assistance to other
governmental boards, commissions, and committees in the
fulfillment of goals, objectives, and policies of the
Comprehensive Plan.
Section 2.2.5 The Historic Preservation Board
(A) ereation: A Historic Preservation Board for the City of
Delray Beach is hereby created. The purpose of this Board is to
foster and promote the recognition, protection, enhancement and
use of historic resources in the City of Delray Beach and to have
a lay body which shall have authority to act on matters
pertaining to historic preservation.
(B) eomposition and Special Qualifications:
(1) The Historic Preservation Board shall consist of seven
members.
(2) It is intended that members of the Board will be
persons of knowledge, experience, judgement, and background, and
have personal or professional interest or experience in historic
restoration and preservation. And that they will have the-
ability and desire to act in the public interest and represent,
insofar as possible, the various special personal and
professional interest required to make informed and equitable
decisions concerning the preservation, conservation, and
protection of historic districts and structures.
(C) Meetings and Quorum:
(1) The Historic Preservation Board shall hold at least one
regularly scheduled business meeting each month.
(2) Four members of the Board shall constitute a quorum.
(3) No application for a Certificate of Appropriateness
shall be denied except by the vote of a majority of the entire
Board (normally four votes).
- 8 -
.
,
I
(D) Duties, Powers, and Responsibilities:
(1) Develop, maintain, and update a survey of
archaeological sites, properties, buildings, structures, and
districts of special historic, aesthetic, architectural,
cultural, or social value or interest. The Board will endeavor
to improve, expand, and make more accurate the survey as
additional documents, information, oral histories, and other such
materials may become available, and it will periodically
reevaluate the survey. The Board will work with the eity
Historical Society, the State Bureau of Historic Preservation,
the Historic Palm Beach eounty Preservation Board, and other
appropriate public and nonprofit organizations in developing this
survey.
(2) Nominate properties for designation, and regulate and
administer such properties, structures,. buildings, site,
districts, and the like so designated as historic sites and/or
historic districts.
(3) Participate in the National Register program in this
state to the greatest possible extent, as defined by the 1981 and
subsequent amendments to the Historic Preservation Act of 1966
and regulations and rules drafted pursuant to those amendments by
the National Park Service and the State Bureau of Historic
Preservation
(4) Act as a regulatory body to approve, deny, or modify
certificates of appropriateness as specified by Subsection 174.30
through 174.33.
(5) Make recommendations concerning zoning code amendments
to the Planning and Zoning Board, and concerning building code
amendments to the ehief Building Official.
(6) Act in lieu of Board of Adjustment. The Historic
Preservation Board shall act in lieu of the Board of Adjustment
and is empowered to grant variances.from existing ordinances for
properties designated as historic sites, within designated
historic districts or listed on the Local Register of Historic
Places. In addition, the Board is empowered to grant variances
from the sign code for those nonconforming signs which existed
at the time of enactment of the sign code.
(7) Develop, establish, and regulate guidelines concerning
contemporaneous architectural styles, colors, building materials,
and so forth for historic sites and within historic districts.
Such guidelines will be subject to review by the Community
Appearance Board and the Planning and Zoning Board, and will be
subject to approval by the Commission. The Board's consideration
and approval of certificates of appropriateness under these
guidelines shall be in lieu of consideration and approval by the
Community Appearance Board.
- 9 -
. .
( 8 ) Make recormnendations to the Cormnission about facade
easements, the imposition of other restrictions, and the
negotiation of contracts for the purposes of historic
preservation.
END:DJK 1/29/90
DJF/#2/LDRBRDS.TXT
. . ~-.
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,
..
WORKING MATRIX RE LAND USE APPROVAL AUTHORITY, L.D.R.
The following matrix is provided in order to provide a q".Jick
overview of decision making authority as proposed in the c:aft
Local Development Regulations.
R - Recommendation A = Approval or denial
'" = appeal authority and/or body
ITEM Staff SPR&AB p&ZBd City Conunission
Comp.Plan Amend. R A
Annexation R A
Zoning R A
Conditional Use R A
Site Plan (new) -- - A A * .. - .
Site Plan (mod)
* non-iJlIpacting A
* minor or major A A '"
Landscape Plan .
* single family A
* development A
Architecture/Elevations
* incidentals A
* development A
-' . - - . - ....---
-
Subdivisions
* preliminary plat A
* final plat (major) R A
* boundary plat A
Abandonrnents
* right-ot-way R A
* easements A
Determination of
Similarity of Use A
5iqninq
* individual A
* appeal A
* master program A
5i te Clearing.'- .
A
Tree Permit A ~
--. -,. ...... a;;.,.<<c ~.;4("...-' -~ ". ~
~.. Temporary Use A (as appropr ia te) - A
Drainage Plan A
Water/Sewer Plan A
Work in R-O-W A
~.- .-- -.-. -
Certificate of Appropriateness (COA) is acted upon by the
Historic Preservation Board. This Board acts in-lieu of the
SPR'AB and the Board of Adjustment within Historic Districts and
on Historic Sites.
-
DJK/*S8/LUATHOR.TXT
. '
WORKING MATRIX: SITE PLAN APPROVAL AUTHORITY
SP = site plan LSP = landscape plan EL = elevations
SPR&AB P&Z
Zoning Scope of Project Staff SP LSP EL SoPo
AG, RR} All principal uses A
R-l-
CD
MH All principal uses A
RL, RM Single Family detached A
Duplexes A
Multiple Family A A A
PRD, pce Master Plans ; MOd.,\,ca~ A /100 A
Component Plans A A A
.
Ae All principal uses A A A
NC, GC] new & mod > 500 ADT A A A
POD, RO mod < 500 ADT A A A
OSSeAD
CBD, R] new & mod > 500 ADT A A A
poe, pe mod < 500 ADT A A A
MIC
I, CF,
SAD
OS Any usage A A A
Notes:
(1 ) Staff review of modifications is only for a
non-impacting modification, minor and major
modifications are processed to the same body as was the
original approval.
( 2 ) All conditional uses require P&Z action. A site plan
mayor may not be required. This is dependent upon the
specific request. When a site plan is involved it may
be acted upon by the P&Z Board or delegated to the
SPR&AB. The P&Z Board may only need to review a sketch
plan along with the conditional use request.
DJK/#58/SPATHOR.TXT
913/9J I/q ~
[ITY DF DELAAY BEA[H
~ t; \J ',"J ~ ~ r ..4. ',.." ::: ~J u t: ~'c _ \,:;,,{ ~ E .ll-': i--t ;:... LC~ I QA 33444 ..07/243.7000
MEMORANDUM
TO: Mr. Digby Bridges. 1st Vice Chairman. Planning & Zoning Board
Mr. David Schmidt. 2nd Vice Chairman, Planning & Zoning Board
Ms. Diane DeMarco. Chairperson. Historic Preservation Board
Mr. William F. Wilsher. Chairman, Community Appearance Board
Mr. Steven D. Rubin. Chairman. Board of Adjustment
~uJ --
FROM: John W. Elliott, Jr., Assistant City Manager/Management Services -J t;
\S~
DATE: May 25, 1990
SUBJECT: SPECIAL MEETING - MAY 29, 1990 - DISCUSSION
AND REVIEW OF CITY BOARDS AND COMMITTEES
As part of the City Commission's effort to learn more about our Boards and
Committees, several dates have been established so that the City Commis-
sioners can review and discuss the structure and duties of the various
Boards and Committees.
As a follow-up of our telephone conversation, your Board will be on the
agenda for discussion at the Special Meeting on Tuesday, May 29, 1990.
This meeting will be held in the Commission Chambers at 6:00 p.m.
We are asking that you or a representative of your Board attend.
JWE:sk
attachment
cc: David T. Harden
Robert A. Barcinski
City Commission
Tr-<c Er-:r'JRT Al_::,c.l:: M,.; rTE:RS ~
..
PLANNING AND ZONING BOARD
I. Generally
Required pursuant to Section 3.08 of the eity Charter. The
Planning and Zoning Board is designated as the Local Planning
Agency in compliance with provisions of FSS 163, Comprehensive
Planning Acts. The Board is formally created by Section 171.15 of
the eity eode.
II. Number of Members
Seven members.
III. Duration of Terms
Staggered term, two (2 ) successive terms maximum.
IV. Membership Requirements
Either be a resident of the eity or shall have their principal
place of business in the eity: The members shall be "persons of
recognized experience and qualification"; and "shall hold no other
public office or position under the eity Government".
V. Meetinqs.
One regular business meeting and two workshops monthly, plus
special workshops and meetings as necessary.
VI. Duties
Review and make recommendations to the eity Commission on Land Use
Policy, Comprehensive Plan, Land Use Changes, Zoning and Rezoning
Matters, Site Plans, eonditional Uses, Annexations and Water
Service Agreements. Approval of Preliminary Subdivision Plats.
~
Sec tion 3.07 DELRA'l BEACH CHARTER 6
maj od ty vote, to appoint a qualified calendar days after appointment.
person to fill the vacancy. The (Ord. 4-76, passed 2-23-76, App. at Ref.,
appointed member shall serve until the 2-2-76; Am. Ord. 10-83, passed 1-25-83,
last Thursday in March following the next App. at Ref. 3-1-83: Am Ord. 84-83,
regular city election, or until the last passed 11-22-83)
Priday in March should the last Thursday
fall on a legal holiday. In the event Section 3.07. PROCEDURE.
the term of office to which such person
was appointed does not expi~e as of the (a) Meetings. The commission shall
last Thursday in March following the next meet regularly at least twice in every
regular city election, or until the last month at such times and places as the
Friday in March should the last ThUrsday commission may prescribe by rule.
fall on a legal holiday, and the vacancy Special meetings may be held on the call
occurs at least sixty (60) or more of the mayor or of a majority 'of the
calendar days preceding the date of the members and, whenever practicable, upon
regular city election, then the appointed no less than twelve (12) hours' notice to
member fHlinq the vacancy shall serve each member and the public.
until the last Thursday in March
following the next regular city election, (b) Rules. The commission shall
or until the last Friday in March should determine its own rule~ and order of
the last Thursday fall on a legal business.
holiday, and the remainder of the
unexpired term shall be filled by (c) Voting ~ Voting, on ordinances,
election at the next regular city resolutions and motions, shall be by roll
election in the manner provided in call and shall be recorded in the
Article V of this charter. If a majority journal. A majority of the commission
of said remaining members are unable to shall constitute a quorum; but a smaller
agree upon the appointment of a number may adjourn from time to time and
commissioner to fill said vacancy after may compel the attendance of absent
two (2) regular meeting_ have been held, members in the manner and subject to the
then the commission shall call a special penalties prescribed by the rules of the
election for that purpose, to be held commission. No action of the commission
within sixty (60) calendar days following except as otherwise provided in section
the said second regular meeting. 3.06, shall be valid or binding unless
adopted by the affirmative vote of three
(d) The office of mayor shall become (3) commissioners.
vacant for any reason that the office of :<0 rd . 4-76, passed 2-23-76, App. at Ref.,
any other commissioner may become vacant, 2-2-76)
and a vacancy in the office of mayor
shall also be deemed a vacancy in the Section 3.08. PLANNING AND ZONING BOARD
comm i s 51 on . If a vacancy occurs in the AND BOARD OF ADJUSTMENT.
office of mayor for any reason
whatsoever, the vice-mayor shall (a) The commission shall in the
automatically succeed to the office of interest of the public health, safety,
mayor and shall serve as mayor until the order, convenience and general welfare
last Thursday in March following the next create by ordinance a planning and zoning
regular city election, oruntll the last board to make recommendations to the
Friday in March should the last Thursday commission.
fall on a legal holiday. The
commissioner so serving as mayor by (b) The commission shall create a
succession shall then complete the board of adjustment whose decisions may
remainder of his comai..ion term if any be appealed pursuant to general law.
part of such term remains unexpired. The (Ord. 4-76, passed 2-23-76, App. at Ref.
succession to the office of mayor by the 2-2-76)
vice-mayor 'shall create a vacancy in the
commission which shall be filled in the Section 3.09. ALIENATION OF PUBLIC
manner set forth in section 3.06(c), BEACHES.
shall be for the entire unexpired portion
of the mayor's term of office. The commission shall not in any
manner alienate from the public, the
(e) Extraordinary vacancies. In the public beach, lying between the north and
event that all members of the commission south boundaries of Section 16, Township
are removed by death, disability, 46 South, Range 43 East, or any part
resigna tion, or forfeiture of office, the thereof, of the City of Oelray Beach,
governor shall appoint an interim Flor ida.
commission, including a mayor, with full (0 rd. 4-76, ?assed 2-23-76, App. at Ref.,
commission powers that shall then call a 2-2-76)
special election as provided under this
charter not more than forty-five (45)
,
7 CHAPTER 171: COMPREHENSIVE PLAN
Section hold no other public office or position unde=
the city governlnent. (' 80 Code, S 19-2)
General Provisions (Ord. 64-81, passed 9-22-81)
171.01 Adoption of Comprehensive plan (B) All members of the Planning and
Zoning Board shall serve without
Administration compensation. ('80 Code, S 19-5)
171.15 Creation of Planning and Zoning S 171.17 APPOINTMENT AND TERM; OFFICERS;
Board MEETINGS.
171.16 composition of Board;
qualification of members; (A) The members of the Planning and
compensation zoning Board shall be appointed by the
171.17 Appointment and term; officers; commission. The Commission shall appoint
meetings their successor for a term of two years;
171.18 Removal of members; vacancies provided further, that no member may serve
171.19 Powers and duties of the Board more than two successive terms on this Boare_
171.20 Reports ('80 code, S 19-3) (Ord. 61-84, passed
171.21 Board expenditures 8-28-84)
171.22 Planning Director
(B) Within 30 days after the appointmen~
GENERAL PROVISIONS in any year of members or a member, as
provided in division (A) above, or whenever
S 171.01 ADOPTION OF COMPREHENSIVE PLAN. death, resignation, or removal of any office=
shall make it necessary, the Planning and
(A) Declaration of intent. The City zoning Board shall elect its Chairman from
commission hereby declares its intent to among its members, and shall create and fill
exercise the authority granted pursuant to such other of its offices as it may
the provisions of F.S. SS 163.3161 through determine. The term of the Chairman shall b~
163.3243 known as the "Local Government one year, with eligibility for reelection.
Comprehensive Planning and Land Development
Regulation Act." (C) The Planning and zoning Board shall
meet at the call of the Chairman and at leas~
(B) Adoption of plan by reference. In once a month, which meeting shall be open to
implementation of its declared intent set the public, and shall keep a public record 0:
forth in division (A) above, there is hereby its resolutions, findings, and
adopted and incorporated herein by reference determinations. It may adopt the necessary
the document entitled "Comprehensive Plan - rules and regulations for the transaction of
oelray Beach, Florida". business.
('80 Code, S 19-6)
(C) Repeal of prior plans. There is
hereby repealed the provisions of all prior S 171.18 REMOVAL OF MEMBERS; VACANCIES.
comprehensive plans (a/k/a "Comprehensive
Master Planes)" and "Master Planes)"), Members of the Planning and Zoning Board
adopted by the city. may, after a public hearing, be removed by
('80 Code, S 19-26) (Ord. 65-79, passed the commission for inefficiency, neglect of
9-24-79; Am. Ord. 159-88, passed 12-13-88; duty, or malfeasance in office. Vacancies
~ Ord. 82-89, passed 11-28-89) occurring otherwise than through the
expiration of term shall be filled for the
ADMINISTRATION unexpired term by the commission.
('80 Code, S 19-4)
S 171.15 CREATION OF PLANNING AND ZONING
BOARD. S 171. 19 POWERS AND DUTI ES OF THE BOARD.
A Planning and Zoning Board for the city (~Pursuant to F.S. S 163.3174, the
is hereby created under the authority of the Planning and Zoning Board is hereby
Charter and F.S. S 163.3174. designated to perform the duties of the
('80 code, S 19-1) "local planning agency- as set forth in that
statute. ( , 80 Code, S 19-8)
cross-reference:
Authority to create Planning and zoning (6) The Planning and Zoning Board shall
Board, see Charter Section 3.08 be vested with the rights and authority
provided by F. S. Chapter 163, Part II. ( . 60
S 171.16 COMPOSITION OF BOARD; Code, S 19-9)
QUALIFICATION OF MEMBERS; COMPENSATION.
S 171.20 REPORTS.
( A) The Planning and zoning Board shall
consist of seven members, who shall either The Planning and zoning Board shall from
be residents of the city or shall have their time to time, and at least annually, submit
principal place of business in the city. reports in writing to the commission giving
The members shall be persons of recognized information regarding the condition of the
experience and qualifications, and shall city, and any plans or proposals for the
HISTORIe PRESERVATION BOARD
I. Generally
Governed by eode Section 174.40 - 174.43.
II. Number of Members
Seven members appointed by the Commission.
III. Duration of Terms
Initial Terms - four members - two years from the day the Board is
formally established. The initial terms of the remaining three
members shall last three years. Thereafter, the terms of all
members shall be two years.
IV. Membership Requirements
Must be residents of the eity or have their principal place of
business in the eitYi each nominee shall represent a broad
geographic area of the eity.
Has intended that members will be persons of knowledge,
experience, judgement and background and have personal or
professional interest or experience in historic restoration and
preservation.
V. Meetinqs
Once a month and on as as needed basis.
VI. Duties
Items (A) through (S) Code Section 174.43.
b
HISTORIC PRESERVATION BOARD
I. Generally
Governed by eode Section 174.40 - 174.43.
II. Number of Members
Seven members appointed by the eomrnission.
III. Duration of Terms
Initial Terms - four members - two years from the day the Board is
formally established. The initial terms of the remaining three
members shall last three years. Thereafter, the terms of all
members shall be two years.
IV. Membership Requirements
Must be residents of the eity or have their principal place of
business in the eitYi each nominee shall represent a broad
geographic area of the eity.
Has intended that members will be persons of knowledge,
experience, judgement and background and have personal or
professional interest or experience in historic restoration and
preservation.
V. Meetinqs
Once a month and on as as needed basis.
VI. Duties
Items (A) through (S) eode Section 174.43.
b
209 DELRAY BEACH HISTORIC PRESERVATION S 174.4:
applicable ordinances, the Chief Building protection of historic districts and
Official will attempt to have the structure structures.
repaired rather than demolished, and will ('80 COde, S 31-3) (Ord. 13-87, passed
take into consideration any comments and 3-10-87; Am. Ord. 109-88, passed 9-27-88)
recommendations by the Board. However, the
provisions contained within division (AI of S 174.41 TERMS OF OFFICE.
this section shall not apply to the Chief
Building Official's declaration that a (AI The initial terms of four of the
- building is unsafe, nor will the Chief members nominated by the committee shall :ast
Building Official be precluded from taking two years from the day the Board is forma::y
whatever steps, as may be required by established while the initial terms of the
applicable ordinances to protect the public remaining three members shall last three
health and safety of the community. The years. Thereafter, the terms of all membe=s
Board may also endeavor to negotiate with shall be two years.
the owner and interested parties, provided
such actions do not interfere with (BI The term of a Board member will be
procedures in the applicable ordinances. automatically terminated in the event a
(Ord. 109-88, passed 9-27-88) member fails to attend any three consecut~~e
regularly-scheduled meetings, or any four
HISTORIC PRESERVATION BOARD meetings in any 12-month period during the
member's term of office. This provision Ooes
S 174.40 CREATION: COMPOSITION. not include special or emergency meetings.
(A) There is hereby created a Historic (C) Any member may be removed with 0=
Preservation Board of the city. It will w4thout cause by a majority vote of the
consist of seven members appointed by the Commission. Appointments to replace any
Commission. member due to death, resignation, or removal
will be made by the Commission and will la~
. (B) Initially, a five-member for the unexpired term. Board members may
committee. whose membership will include only serve for two consecutive terms. The
the Chairman of the Planning and Zoning serving of an unexpired term shall not be
Board, the President of the Delray Beach coun~ed toward the two-term limitation.
Historical Society, the Chairman of the
Community Redevelopment Agency (CRA) , (D) Members of the Historic Preservat~on
Chairman of the Community Appearance Board, Board will serve without pay, but may be
and one member selected by the Commission, reimbursed for appropriate, necessary
will nominate members of the Board to the expenses.
Commission. All such nominees and all ('80 Code, S 31-4) (Ord. 13-87, passed
future Historic Board members shall be 3-10-87)
residents of the city or have their
principal place of business in the city; S 174.42 ORGANIZATION.
each nominee shall represent a broad
geographic area of the city. (A) The Board will elect a Chairman ~C
a Vice-chairman from its membership. They
(C) The committee will make will serve terms of one year each. Nothing
nominations within 30 days following the will prevent the Board from electing the
passage of this chapter. Thereafter, after Chairman and the Vice-chairman for an
advertising the. vacancy according to city additional term, but they may not serve mo=e
policy, the Preservation Board shall than two consecutive years. The Chairman
recommend to the City Commission nominees will presi.de over the .Board and will have ~e
to fill vacancies as the need arises. The right to vote. In the absence or disability
Board's nominations are' subject to approval of the Chairman, the Vice-Chairman will
by the City Commission. perform the duties of the Chairman. The c.:::. y
Manager's designee shall act as the City
(D) It is intended that members of the Historic Preservation Officer, and will se=-e
Historic Preservation Board will be persons as Secretary of the Board.
of knowledge, experience, judgment, and
background, and have personal or (B) A majority of the Board (four) wi::
professional interest or experience in constitute a quorum, but no application fo=
historic restoration and preservation. They approval of a certificate of appropriateness
will have the ability and desire to act in will be denied except by the vote of a
the public interest and represent, insofar majority of the entire Board (four '..otes a::
as possible, the various special personal seven total).
and professional interests required to make
inf~rmed and equitable decisions concerning (C) The Board shall adopt rules
the preservation, conservation, and providing for the transaction of its
business and consideration of appli-
1988 S-l cations, for the time and place of
S 174.43 DELRAY BEACH HISTORIC PRESERVATION 210
regular meetings, and for the calling of Board will endeavor to improve, expand, and
special or emergency meetings. All make more accurate the survey as additional
meetings of the Board shall be open to the documents, information, oral histories, and
public and a public record will be kept of other such materials may become available,
the Board's resolutions, proceedings, and and it will periodically re-evaluate the
actions. survey. The Board will work with the City
Historical Society, the State Bureau of
(D) The Board's rules and regulations Historic Preservation, the Historic Palm
shall not conflict with the Constitution Beach County Preservation Board, and other
and general rules of the State of Florida, appropriate public and non-profit
nor the City Charter, and will govern and organizations in developing this survey:
control procedures, hearings, and actions
of th.e Board. No rules and regulations (B) Nominate properties for designation.
will become effective until a public and regulate and administer such properties,
hearing upon the proposed rules and structures, buildings, sites, districts, and
regulations has been held before the Board. the like so designated as historic sites
The rules and regulations, with any and/or historic districts:
amendments and modifications thereto, must
be approved by the Commission and filed (C) Participate in the National Register
with the City Clerk. Upon approval by the program in this state to the greatest
Commission, such rules and regulations will possible extent, ~s defined by the 1981 and
have the force and effect of law within the subsequent amendments to the Historic
city. Preservation Act of 1966 and regulations and
rules drafted pursuant to those amendments by
(E) The Board will hold regular the National Park Service and the State
meetings to consider nominations for Bureau of Historic Preservation;
designation of historic status, review
applications for certificates of (D) Act as a regulatory body to approve,
appropriateness, and conduct other such deny, or modify certificates of
duties and business as the Board is charged appropriateness as specified by SS 174.30
with under this chapter. The Board must through 174.33:
meet within 15 days of a nomination for
designation or the filing of a certificate (E) Make recommendations concerning
of appropriateness to consider such zoning code amendments to the Planning and
nominations and applications, unless the Zoning Board, and concerning building code
applicant or nominating party is willing to amendments to the Chief Building Official;
delay consideration until the next regular
meeting of the Board. (F) Act in lieu of Board of Adjustment.
The Historic Preservation Board shall act in
(F) The Board will draft and propose lieu of the Board of Adjustment and is
an annual budget to the Commission in empowered to grant variances from existing
accordance with the normal annual city ordinances for properties designated as
budget approval process. The Commission historic sites, within designated historic
may appropriate funds from general districts or listed on the Local Register of
revenues, or have such funds collected with Historic Places. In addition, the Board is
appropriate fees and/or received from empowered to grant variances from the sign
gifts, state or federal grants, and other code for those non-conforming signs which
sources, in the budget for the Historic existed at the time of enactment of the sign
Preservation Board for expenses necessary code.
to the conduct of its work. Acceptance of
any loans, grants, bequests, gifts, or (G) Develop, establish, and regulate
revenues from sources other than fees must guidelines concerning contemporaneous
be approved by the Commission. architectural styles, colors, building
(' 80 Code, S 31-5) "'rd. 13-87, passed materials, and so forth for historic sites
3-10-87) and within historic districts. Such
guidelines will be subject to review by the
S 174.43 POWERS AND DUTIES. Community Appearance Board and the Planning
and Zoning Board, and will be subject to
The Historic Preservation Board shall approval by the Commission. The Board's
have the following powers, functions, and consideration and approval of certificates of
duties, in addition to such other powers, appropriateness under these guidelines shall \
duties, functions, and authority as may be be in lieu of consideration and approval by
set forth elsewhere in this code of the Community Appearance Board:
ordinances:
(H) Make reconunendations to the
(A) Develop, maintain, and update a Commission about facade easements, the
survey of archaeological sites, properties. imposition of other restrictions, and the
buildings, structures, and districts of negotiation of contracts for the purposes of
special historic, aesthetic, architectural, historic preservation;
cultural, or social value or interest. The
1989 5-2
i
BOARD OF ADJUSTMENT
I. Generally
Charter Section 3.08 (b) requires the creation of the Board of
Adjustment. Florida Statutes, ehapter 163 (since repealed)
formerly required the creation of such a Board. The Board is
established by Section 173.916 of the eity's eode of Ordinances.
II. Number of Members
Five regular members and two alternate members.
III. Duration of Terms
Three year terms; no code restrictions on reappointment.
IV. Membership requirements
eode of Ordinances Section 173.916 requires eity residency and/or
having principal place of business in City; and can hold no other
public office or position.
V. Meetings
Two per month - 2nd and 4th Thursdays.
b
193 DELRAY BEACH ZONING CODE 5 173.916
(C) The provisions of S5 173.901 and establishing a schedule of fees and
173.902 shall also apply in the event of charges as stated in S 173.918. ( '80
a modification to a development which Code, S 30-26)
falls within the parameters of 5S 173.900 (Ord., passed 4-1-80: Am. Ord. 69-87,
and l73.90l. passed 9-22-87)
( , 80 Code, S 30-23.5(0)) (Ord. 19-86,
passed. 3-26-86) S 173.916 BOARD OF ADJUSTMENT.
ADMINISTRATION AND ENFORCEMENT (A) Creation. A Board of Adjustment
is hereby established. The word Board
S 173.915 CHIEF BUILDING OFFICIAL TO when hereafter used in this section shall
ENFORCE REGULATIONS: DUTIES OF COMMISS ION. be construed to mean the Board of
Adj us tment.
(A) The Chief Building Official
shall administer and enforce this (B) Composition, compensation,
chapter. If the Chief Building Official terms, vacancies.
shall find that any of the provisions of
this chapter are being violated, he shall (1) The Board shall be composed
notify in writing the person responsible of five members who shall be appointed by
for such violations, indicating the the Commission, and who shall serve
nature of the violation and ordering the without compensation.
action necessary to correct it. He shall
order discontinuance of illegal uses of 0(2) The members of the ini tial
-land, buildings, or structures; removal Board will serve for the following
of illegal buildings or structures or of terms: one member for one year, two
illegal additions, alterations, or members for two years, and two members
structural changes: discontinuance of any for three years. After the above terms
illegal work being done: or shall take have expired the Commission shall appoint
any other action authorized by this replacements for expired terms, said
chapter to insure compliance with, or to replacements to serve for a term of three
prevent violations of its provisions. years each.
('80 Code, S 30-27)
(3) The Commission may also
(B) It is the intent of this chapter appoint two alternate members at large,
that all questions of interpretation and which members shall act in the absence,
enforcement shall first be presented to disability, or disqualification of any
the Chief Building Official, and that members. The alternates shall be
such questions shall be presented to the appointed in the same manner and for the
Board of Adjustment only on appeal from same term as the regular members. The
the decision of the Chief Building Chairman shall designate the alternate
Official. Provided, however, that who shall serve in the absence, -
determinations of the similarity of disability, or disqualification of any
proposed (unlisted) uses with permitted regular member.
and condi tional IJses listed in the zoning
code may be brought to the Planning and (4) Any member or alternate
Zoning Board for said determination. The member shall be removable for cause,
Planning and Zoning Board may, by formal after charges have been preferred against
findings, determine that an unlisted use and served upon him, and a public hearing
may be allowed as either a permitted or held before the Commission.
condi tional use. The Planning Department
shall _aintain a record of all such (5) Vacancies on the Board
formal findings and shall prepare a occurring for reasons other than by
corrective zoning ordinance amendment expiration of term, shall be filled for
containing these determinations on an the unexpired term by the Commission.
annual basis, at a minimUlll. It is
further the intent of this chapter that (6) Any member or alternate
the duties of the Commission in shall either be a resident of the city or
connection with this chapter shall not shall have his principal place of
include hearing and deciding questions of business in the city and shall hold no
'interpretation and enforcement that may other public office or position under the
arise. The procedures for deciding such city government.
questions shall be as stated in this
section and this chapter. Under this (C) Proceedings. The Board of
chapter the Commission shall have only Adjustment shall adopt rules necessary to
the following duties: considering and the conduct of its affairs, said rules
adopting or rejecting proposed amendments and any amendments thereto to be approved
or the repeal of this chapter, as by the Commission. Meetings shall be
provided by law; approving or denying held at the call of the Chairman and at
rezoning requests; approving or denying such other times as the Board may
conditional uses; approving or denying determine. The Chairman, or in his
site and development plans; and absence the acting Chairman, may
administer oaths and compel the
COMMUNITY APPEARANCE BOARD
I. Generally
Created by Section 152.35 of the eity's eode of Ordinance.
II. Number of Members
Five regular members appointed by eornrnission. Two alternate
members appointed by eornrnission.
III. Duration of Terms
Two year terms for regular members. One year term for two
alternates. No more than two successive terms.
IV. Membership Requirements
Must be a resident of eity and/or have principal place of business
in City. Two of the regular members must be registered
architects. One regular member must be landscape architect or
have expertise in landscaping or horticulture. Whenever feasible,
one alternate must be a registered architect.
V. Meetings
At least once a month.
VI. Duties
Review applications for permits to erect signs, building or
structure, or alterations to said signs, buildings, structures or
elevations, excluding residential units and every application for
a permit for new construction of parking areas or other vehicular-
areas which invoke the landscape requirements of the code. Review
to ensure that the development is in conformity with good taste,
design and contributes to City's image; does not depreciate
surrounding environment; is in harmony with surrounding area; and
is in conformity with codes.
C,
,
S 152.35 DELRA Y BEACH COMMUNITY APPEARANCE 32
can be used along with feature lighting (B) Two of the regular members of
emphasizing plants, trees, barriers, the Board shall be registered
entrances, and exits. The fixtures are architects. (' 3D Code, S 9-333(b))
to be selected not only for their
functional value, but for their aesthetic (C) One member of the Board shall be
quali ti es. They are to be considered a landscape architect or a person with
furniture of the parking lot visible both expertise in landscaping or
day and night. hor ticul ture. ('80 Code, S 9-338(c))
( E) Additional off-street parking (0 ) Whenever feasible, one of the
and loading regulations can be found in two alternate members shall be a
Chapter 153. registered architect. ('130 Code,
(' 80 Code, S 9-362) S 9-338(d))
COMMUNITY APPEARANCE BOARD S 152.39 POWERS AND DUTIES; PLANS AND
SPECIFICATIONS.
S 152.35 ESTABLISHMENT.
(A) The attendance of four regular
A Community Appearance Board is or alternate members of the Community
he reby created. Appearance Board shall constitute a
(' 80 Code, S 9-337) (Am. Ord. 63-84, quorum. All applicati.ons and matters
pdssed 8-28-84) which fall within the jurisdiction of the
Community Appearance Board shall be
L 152.36 APPOINTMENT: TERMS, submitted to the City Department of
Development and Inspections. The
(A) The Community Appearance Board Department of Development and Inspections
shall be composed of five members, shall make a review of all applications
appointed by the Commission for terms of to the Community Appearance Board prior
two years, except that the members of the to their submission to the Community
first Board to serve shall be appointed Appearance Board in ord~r to determine
so that three members shall serve compliance with the technical
two-year terms, and two members shall requirements of the city's code of
serve one-year terms. Their successors ordinances. Upon presentation to the
shall be appointed to two-year terms. It Community Appearance Board, all plans and
is further provided that no member may specifications shall be deemed approved
serve more than two successive terms on without further action by the Board
this Board. (' 80 Code, (" 9-337 (a)) unless and until the Board by an
.;/
affirmative vote of a majority of its
(B) Two alternate members shalt be members present and voting, vote to
appointed by the Commission for terms of disapprove any plans and specifications,
one year. In the absence or disability but no plans shall be approved without
of a regular member, an alternate member the prior approval of the Department of
shall be called to sit, and act in his Development and Inspections. The
place by the Chairperson of the Board. Community Appearance 30ard, as a
(' 80 Code, S ~-337(b)) prerequis ite to its disapproval o~ those
(Am. Ord. 63-84, passed 8-28-84) plans and specifications, must on the
record note what changes in the plans and
S 152.37 ORGANIZATION. specifications must be made in order to
receive approval, those changes to be
The Community Appearance Board shall ~equis i te and appropr iate to the
elect a Chairperson and Vice-Chairperson maintenance of a high standard of
to preside at its meetings and any other archi tecture, beauty, and harmony as
officers as the Board may deem established by the standards adopted by
necessary. The Board shall formulate its the Commission for the guidance of the
rules and regulations for the conduct of Boa rd .
its business.
(' 80 Code, S 9-338) (BI (1) The Community Appearance
Board shall review every application for
5 152.38 QUALIFICATIONS OF MEMBERS. a permit to erect a building, structure,
or sign or to materially alter an
The members of the Community elevation of any existing building or
Appearance Board. shall have the following structure or sign in the city, exclud i!'lg
quali fica tions: separate single-family dwellings, but
including group single dwellings and
(A) A member of the Community every application for a permi t for new
Appearance Board shall either be a construction of parking areas or other
resident of the city or shall have his vehicular use areas which invoke the
principal place of business in the city. landscaping requirements of Chapter 159.
(' 80 Code, S 9-333(a)) Svery application shall be accompanien hy
" two sets of detailed ?lans and if r1.3ns
.
S 173.917 OELRAY BEACH ZONING CODE. 194
attendance of witnesses. All meetings (2) Variances. To authorize
shall be open to the public. upon appeal in specific cases such
variances from the terms of existing
(D) Records. The Board of ordinances as will not be contrary to the
Adjustment shall keep minutes of its public interest where, owing to special
proceedings, showing the vote of each conditions, a literal enforcement of the
member upon each question, or if absent provisions of existing ordinances would
or failing to vote indicating such fact, result in unnecessary hardship.
~nd shall keep records of its Variances may be granted in accordance
examinations and other official actions, with S 173.917.
all of which shall be a public record and
be immediately filed in the office of the (H) Decisions.
City ClerL
(I) In exercising the above
(E) Hearings, appeals, notice. mentioned powers, the Board of Adjustment
may, so long as such action is in
(1) Appeals to the Board of conformity with the terms of existing
Adjustment concerning interpretation or ordinances, reverse or affirm, wholly or
administration of existing ordinances may partly, or may modify the order,
be taken by any person aggrieved or by requirement, decision, or determination
any officer or bureau of the governing appealed from and may make such order,
body of the city affected by any decision requirements, decision, or determination
of the Chief Building Official. Such as ought to be made, and to that end
appeals shall be taken within a shall have powers of the Chief Building
reasonable time, not to exceed 60 days or Official from whom the appeal is taken.
such lesser period as may be provided by
the rules of the Board, by filing with (2) The concurring vote of four
the Chief Building Official and with the members of the Board shall be necessary
City Clerk a notice of appeal specifying to reverse any decision, determiation,
the grounds thereof. The Chief Building order, or requirement of the Chief
Official shall forthwith transmit to the Building Official, or to decide in favor
Board all papers constituting the record of the applicant on any matter upon whicrr
which the action appealed from was taken. it is required to pass under existing
ordinances, or to effect any variation in
(2) The Board of Adjustment the application of existing ordinances.
shall fix a reasonable time for the
public hearing of appeal, give public (I) Appeals. Any person or persons,
notice thereof as well as due notice to or any board, taxpayer, department,
the parties in interest, and decide the board, or bureau of the city aggrieved by
same within a reasonable time. At the any decision of the Board of Adjus~~ent
public hearing, any party may appear in may seek review by a court of record of
person or be represented by an agent or such decision, in the manner provided by
an attorney. law.
('SO Code, 5 30-25) (Ord., passed
(F) Stay of proceedings. An appeal 4-1-80: Am. Ord. 64-84, passed 8-28-84)
stays all proceedings in furtherance of
the action appealed from, unless the S 173.917 VARIANCES.
Chief Building Official from whom the
appeal is taken certifies to the Board of (A) A variance from the terms of
Adjustment after the notice of appeal is existing ordinances shall not be granted
filed with him, that by reason of facts by the Board of Adjustment unless and
stated in the certificate, a stay would, until:
in his opinion, cause imminent peril to
life and property. In such case (l) A written application for a
proceedings shall not be stayed other variance is submitted demonstrating:
than by a restraining order which may be
granted by the Board of Adjustment or by (a) That special
a court of record on application, on conditions and circumstances exist which
notice to the Chief Building Official are peculiar to the land, structure, or
from whom the appeal is taken and on due building involved and which are not
cause shown. applicable to other lands, structures, or
buildings in the same zoning district:
(G) Powers and duties.
(b) That literal
(l) Administrative review. To interpretation of the provisions of
hear and decide appeals where it is existing ordinances would deprive the
alleged there is an error in any order, applicant of rights commbnly enjoyed by
requirement, decision, or determination other properties in the same zoning
made by the Chief Building Official in district under the terms of existing
the enforcement of existing ordinances. ordinances:
CITY ADVISORY BOARDS
BEAeH ADVISORY BOARD: Betty Matthews, ehairperson, 276-6710. Meets
as needed.
BEAUTIFICATION TASK FORCE: John McKenna, Chairperson, 276-7025. Meets
on the third Thursday of the month at 4 p.m.
BOARD OF ADJUSTMENT: Steven D. Rubin, ehairperson, 498-7249. Meets
on the second and fourth Tuesdays of the month at 4 p.m.
BOARD OF eONSTRUeTION APPEALS: H. Deane Ellis, ehairperson,
278-7125. Meets on the third Wednesday of the month (as needed) at 5
p.m.
eIVIL SERVIeE BOARD: K. Howard Wiener, ehairperson, 727-8400. Meets
as needed.
eODE ENFOReEMENT BOARD: Robert J. MacDonald, ehairperson, 272-4263.
Meets on the second and fourth Tuesdays at 1:30 p.m.
eOMMUNITY APPEARANCE BOARD: William F. Wilsher, Chairperson, (WPB#)
964-4420. Meets on the second and fourth Wednesdays of the month at 7
p.m.
eOMMUNITY REDEVELOPMENT AGENCY: Kevin Egan, Chairperson, 278-3837.
Meets on the second and fourth Mondays of the month at 6:30 p.m.
DELRAY BEAeH HOUSING AUTHORITY: Rosetta Rolle, Chairperson, 276-7680.
Meets on the second and fourth Wednesdays at 3 p.m. (regular meetings)
and on the first and third Wednesdays of the month at 3 p.m. (workshop
meetings) .
DELRAY BEAeH HUMAN RELATIONS COMMITTEE: Robert P. Ferrell,
ehairperson, (WPB #) 471-2197. Meets on the second Tuesday of the
month at 4 p.m.
DOWNTOWN DEVELOPMENT AUTHORITY: Roy Simon, Chairperson, 278-1914.
Meets on the first and third Mondays of the month at 11:30 a.m.
EDUeATION BOARD: Meets at 5:30 p.m., the first Monday of the month at
the eommunity eenter.
GENERAL EMPLOYEE RETIREMENT FUND eOMMITTEE: Meets as needed. Mayor
currently serving as a member of the Board. City Attorney is
ex-officio member.
HISTORIe PRESERVATION BOARD: Pat Healy, ehairperson, 276-5719. Meets
on the third Friday of the month at 8 a.m.
KIDS AND eops eOMMITTEE: Meets on an as need basis.
PLANNING AND ZONING BOARD: Digby Bridges, Vice chairperson, 278-1388.
Meets on the third Monday of the month at 7 p.m. (regular meeting) and
on the second Friday at 8 a.m. and fourth Tuesday at 7 p.m (workshop
meetings).
POLIeE AND FIRE BOARD OF TRUSTEES: John Tranter, ehairperson,
393-2529. Meets on the third Friday of the month at 8:30 a.m. Mayor
currently serving as a member on this Board.
PUBLIe EMPLOYEE RELATIONS eOMMISSION ( PERe) : Martin Frost,
ehairperson, 496-0094. Meets quarterly or as needed.
3
.
[ITY DF DELAAY BEA[H
;J.+ .+07243 7000
MEMORANDUM
TO: Mayor and eommission
FROM: David T. Harden, City Manager
SUBJEeT: GOLF eOURSE MANAGEMENT
DATE: May 25, 1990
There is a proposal pending by which the current golf course licensee
would surrender his license to the eity. This proposal has been placed
on your agenda for discussion and further direction. More specific
information will be provided at your Tuesday evening meeting.
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