154-88 F A I L E D - 11/22/88
ORDINANCE NO. 154-:38
AN OROINANCE OF ,"7gE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING CHAPTER 173, "ZONING
CODE", OF THE CODE OF ORDINANCES OF THE CITY OF
DELRAY BEACH, FLORIDA, BY AMENDING SECTION 173.916,
"BOARD OF ADJUSTMENT", BY AMENDING SUB-SECTION
173.916(H){2) TO PROVIDE THAT DECISIONS OF THE BOARD
OF ADJUSTMENT MAY BE MADE BY A MAJORITY VOTE OF
THOSE BOARD OF ADJUSTMENT MEMBERS THEN PRESENT AND
VOTING; PROVIDING A GENERAL REPEALER CLAUSE;
PROVIDING A SAVING CLAUSE; PROVIDING AN 'EFFECTIVE
DATE.
%~EREAS, the City Commission of the City of Delray Beach,
Florida, deems it to be in the best interests of the health, safety and
welfare of the residents and uitizens of the City of Delray Beach,
Florida, and in the interests of providing for enhanced application of
Yhe provisions of the City's Code of Ordinances to amend the current
provisions concerning the Board of Adjustment voting to provide that the
.votes necessary to make such d~cisions and grant variances shall be a
simple majority vote of the Board of Adjustment members then present and
voting.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Chapter 173, "Zoning Code", of the Code of
Ordinances of the City of Delray Beach, Florida, be, and the same ~s
hereby, amended by amending Section 173.916, "Board of Adjustment", by
amending Sub-section 173.916(H)(2) to read as follows:
The concurring vote of f~--mem~e~s a simple
majority of those members of the Board present and
voting shall be necessary to reverse any decision,
determination, order, or requirement of the Chief
Building Official, or to decide in favor of the
applicant on any matter upon which it is required to
pass under existing ordinances, or to effect any
variation in the application of existing ordinances.
Section 2. That all ordinances or parts of ordinances which.
are in conflict herewith are hereby repealed.
Section 3. 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
decision shall not affect the validity of the remainder hereof as a
whole or part thereof other than the part declared to be invalid.
Section 4. That this ordinance shall become effective ten
(10) days after its passage on second and third reading.
PASSED AND ADOPTED in regular session on second and final
reading on this the day of , 1988.
MAYOR
ATTEST:
City Clerk
First Reading
Second Reading.
F A I L E D - 11/22/88