128-88 .u~DINANCE NO. .128-88
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY.
OF DSJ~RA~ BSJ~CH, FLORIDA, ~HDIN~ T~Tr.~ 3,
"ADMINISTRATION~', CHAPTER 37, "DELRA%~ BEAC~ CODE
ENFORCEMENT", SECTION . 37.02, "ENFORC~ OF
CERTAIN CODES AUTHORIZED", OF THE CODE. OF O~DI-
NANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY
~NACTING A NEW SUBSECTION (L) TO PROVIDE TH~
DELRA~ BEACH COD~ ENPORC~T~ BOARD WITH
JURISDICTION OF VIOLATIONS OF CHAPTE~ 174 DEALING
WITH HISTORIC PRESERVATION~ AND AMENDING TITLE
13, "GENERAL OFFENSES~, CHAPTE~ 173, "ZONING '
CODE", "ADMINISTRATION AND ENFORCENENT.'"', SECTION
· 173.917, "VARIANCES",' SUBSECTION 173.917(C), OF
THE CODE OF ORDINanCeS OF ~ CITY OF DELRA¥
BEACH.., FLORIDA, BY ENACTING A NEW. SUBSP~"TION
173.917(C)(5) TO PROVIDE THAT T~ BOARD OF
ADJUSTMENT IS EXPRESSLY PROHIBITED FRO~ GHAIV~ING
A VARIANCE WITHIN HISTORIC DISTRICTS AN~ FOR
HISTORIC SITES OR INTEP~ORS, OR FRO~ ANY OF THE
REQUIRE~.~TS, TERMS OR CONDITIONS SET FORTH IN
.:' CHAPTER 174; PROVIDING A SAVING CLAUSE~ PROVIDING~
A REPEALER CLAUSE; PROVIDING AN EFFECTIVE-DATE.
NOW, THEREFORE, BE IT ORDAINED BY T~E CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS.' ~
Section 1. That Title 3, "Administration", Chapter 37,
"Delray Beach Code Enforcement", Section ~37.02, "Enforcement of
Certain Codes Authorizes", of the Code of Ordinances o~ the City of
Delray Beach, Florida, be and the same is hereby amended, by enacting
a new Subsection (L) to read aa ~ollows:
(L) Chapter 174, Historic Preservation.
Section 2. That Title 13, "General Offenses", Chapter 173,
"Zoning Code", "Administration and Enforcement", Section 173.917,
"Variances", subsection 173. 917 ( C), of the Code of Ordinances of the
City of Delray Beach, Florida, be and the same is hereby amended by
enacting a new subsection 173.917(C)(5) to read as ~ollows:
(C) The following variances are prohibited:
(5) Historic Preservation Ordinance. The Board of
Adjustment is hereby expressly prohibited from
granting a variance within historic districts and
for historic sites or interiors, or from any of
the requirements, terms, or conditions set forth
in Chapter 174.
Section 3. That Should any section or provision of this
ordinance or any portion thereo~, any paragraph, sentence or word be
declared by a court o~ competent ~urisdiction to be invalid, such
decision shall not effect the validity of the remainder hereo~ as a
whole or part thereof other than the part declare~ to be invalid.
Section 4. That all ordinance~ or pa~t-~ o~ ordinances
which are in conflict herewith are herebF repealed.
Section 5. That this ordfnan=~ shall become ef~ec~J~ve on
passage on second and final rea~ing.
PASSED AND ADOPTED in regular session on secon~-, an~ final
reading on this 25th d&¥ of October , 1988.
~TTEST~
First Rea{ling October 11. 1988
Second Rea{ling October 25. 1988
ORD NO. 128-88