30-86 ORDINANCE NO. 30-86
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 9,
"BUILDINGS AND CONSTRUCTION", OF THE CODE OF
ORDINANCES OF THE CITY OF DELRAY BEACH,
FLORIDA, BY AMENDING ARTICLE IX, "COMMUNITY
APPEARANCE", DIVISION 1, "GENERALLY", SECTION
9-333, "REQUIREMENTS DECLARED ADDITIONAL",
SECTION 9-339, "POWERS AND DUTIES OF BOARD;
PLANS AND SPECIFICATIONS", SECTION 9-340,
"CRITERIA FOR BOARD ACTION", AND SECTION 9-341,
"BOARD MEETINGS, RECORDS AND DECISIONS", TO
PROVIDE FOR AUTOMATIC APPROVAL OF MATTERS
BEFORE THE COMMUNITY APPEARANCE BOARD UNLESS
THE COMMUNITY APPEARANCE BOARD VOTES SPECIF-
ICALLY TO DISAPPROVE THE SUBMITTED PLANS AND
SPECIFICATIONS; PROVIDING A SAVING CLAUSE;
PROVIDING AN EFFECTIVE DATE.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Section 9-333, "Requirements declared additional",
of the Code of Ordinances of the City of Delray Beach, Florida, be and the
same is hereby amended to read as follows:
Sec. 9-333. Requirements declared additional.
The requirements of this article are in additinn to any other requirement
of the Code of Ordinances of the City of Delrav Beach, such as the Zoning
Code, the Building Code, etc. An approval through ~ the community
appearance board process of a given set of plans and specifications does not
necessarily constitute evidence of applicant's compliance with other require-
ments of the Code of the City of Delray Beach.
Section 2. That Section 9-339, "Powers and duties of board; plans
and specifications", of the Code of Ordinances of the City of Delray Beach,
Florida, be and the same is hereby amended to read as follows:
Sec. 9-339. Powers and duties of board; plans and specifications.
(a) The attendance of four (4) regular and/or alternate members of the
community appearance board shall constitute a quorum. Ail applications and
matters which fall within the jurisdiction of the community appearance board
shall be submitted to the city's department of development and inspections.
The department of develcpment and inspections shall make a review of
such applications to the community appearance board prior to their submission
to the community appearance board in order to determine compliance with the
technical requirements of the city's code of ordinances. Upon presentation to
the community appearance board, all such plans and specifications shall be
deemed approved without further action by the board unless and until the
board by an affirmative vote of a majority of ifs members present and voting,
vote to disapprove any such plans and specifications, but no such plans shall
be approved without the prior approval of the department of development and
inspections. The community appearance board, as a prerequisite to its
a~~e-~.eva~-wieb cc.. dieieme-,- ~.a~- l-eeruil-e- ~u~h- -el~nge~- 4n- said- .ei~n s
a~d--speeifieetioi~-~s--i~-4te--j~t~L,v~emi--may disapproval of such plans and
specifications, must on the record note what changes in said plans and
specifications must be made in order to receive approval, such changes to be
requisite and appropriate to the maintenance of a high standard of architec-
ture, beauty and harmony as established by the standards adopted by the
city council for the guidance of the board.
(b) The community appearance board shall review an~d--mak~--~-de¢isi~
te-~r-~mp~ee-wi~h-~$t~ns-~r~-eliea~_ rov~,, every application for a
permit to erect a building, structure or sign or to materially alter an
elevation of any existing building or structure or sign in the city, excludin~
separate single-family dwellings, but including group single dwellings and
every application for a permit for new construction of parking areas or other
vehicular use areas which invoke the landscaping requirements of Article X of
this chapter. Every application shall be accompanied by two (2) sets of
detailed plans and if plans submitted do not furnish sufficient information
adequately to show the scope of the planned construction for which a permit
has been requested, then there shall be furnished, in addition to the two (2)
sets of detailed plans, one set of detailed specifications for such proposed
work; both the plans and specifications shall be prepared by a registered
architect or registered engineer, qualified under the laws of the State of
Florida to prepare such plans and specifications.
the-p~a~--(~-speei~leati~-w~err-requ~re~)-if~ehr~iv~g-~a~dseape-im~.~w~--~.~ave
beem-~-ae-herei~-eet-~ovt~-~-~ppvevt~l--l~y-t, he-beerek No application
for a permit shall be deemed properly before the community appearance board
until all plans (and specifications when required), including landscape plans,
have been provided as herein set forth.
The community appearance board shall function as the final
decision-making authority in regard to disapproval of the matters set forth in
this section except that if an applicant disagrees with a decision of the
board, the applicant may appeal this decision to the city council. When a
decision is so appealed, the city council shall act as the final decision-making
authority with regard to the matter appealed. The applicant shall have thirty
(30) days from the date of the decision of the community appearance board
exclusive of the day the decision is rendered in which to notify the city
manager in writing that the applicant desires to appeal. The city council
shall act on the appeal within forty-five (45) days of the date such notice to
the city manager is given exclusive of the day on which such notice is
furnished. In the event the city council does not hear such appeal within
forty-five (45) days the application shall be deemed ap~ denied as
originally submitted.
Section 3. That Section 9-340, "Criteria for board action", of the
Code of Ordinances of the City of Delray Beach, Florida, be and the same is
hereby amended to read as follows:
Sec. 9-340. Criteria for board action.
The community appearance board
or-~isa~ shall review applications for the issuance of a building permit
in any matter subject to its jurisdiction after consideration of whether the
following are complied with:
(a) The plan for the proposed structure or project is in conformity with
good taste, good design, and in general, contributes to the image
of the city as a place of beauty, spaciousness, harmony, taste,
fitness, broad vistas and high quality.
(b) The proposed structure or project is in its exterior design and
appearance of quality such as not to cause the nature of the local
environment or evolving environment to materially depreciate in
appearance and value.
(c) The proposed structure or project is in harmony with the proposed
developments in the general area, with the comprehensive plan for
the city, and with the criteria set forth in supplemental criteria and
procedural rules of the community appearance board, as may from
2 ORD. NO. 30-86
time to time be amended or revised. Any recommendation of the
board must comply with such supplemental criteria and procedural
rules of the community appearance board, which supplemental
criteria and rules must be consistent with the criteria set forth in
this section. The supplemental criteria and rules of the board may
be amended from time to time by ordinance regularly adopted upon
action initiated by the city council.
(d) The proposed structure is in conformity with the standards of this
Code and other applicable ordinances insofar as the location and
appearance of the buildings and structures are involved.
H~ -th~e-~bove- ~ri~ ~'e--me t r-t~e- at~tiea~io~- ~h~t½ -be- ~l~-o~e d~ If the
above criteria are not met, the application shall be disapproved by the
community appearance board, F.,or~itie~s-~e~'-be--apl~Hed--wl%w~-tva~-O~~
b~i~i~l~ - e~--~t~w~t~e- -dees- ~--eeml~y- ~t~- -t~e- e~)~-~ - e~a - ~-s~ ~ e
~ueh--a.s--t~--b'rii'i.g.-s.~i'~i--s~t.r'uc.t''d~'~e--~--p.r~t~nte~e~.fer~ If the application
· . is disapproved, the community appearance board shall detail in its findings
the criterion or criteria that are not met and that need to be met to ~ain
approval. The action taken by the board shall be recorded in writing
through approved minutes, signed by the chairman, and a copy thereof made
available to the applicant on request.
Section 4. That Section 9-341, "Board meetings, records and
decisions", of the Code of Ordinances of the City of Delray Beach, Florida,
be and the same is hereby amended to read as follows:
Sec. 9-341. Board meetings, records and decisions.
(a) The community appearance board shall have regularly scheduled
meetings which shall be not less frequently than twice a month. Additional
meetings may be held at the call of the chairman as may be required in order
to consider pending applications without unnecessary delay. All meetings
shall be open to the public and the order of business and procedure to be
followed shall be as prescribed within the rules and regulations to be adopted
by the community appearance board~-a-maierit-y~-o~-th~-~-shs~q~tit~t~-s
q~o~-um-~d--the--~f~rmsfive--ve~e--o~-lhe--maiori~T-- ~f--t-be--bom-d--s~l--be
~eeessal-~-fet--~-ae~(a)--t-l~e~-~f. The city manager is hereby authorized
and empowered to appoint a secretary for the board. A record of the
proceedings of the board shall be kept through approved minutes showint~ its
action on each question concerned. Such record shall be filed in the office of
the secretary of the community appearance board of the city and shall be
open for public inspection.
(b) Failure of the board to make a decision within forty-five (45) days
of sufficient plans and specifications being filed with the board shall
ee~ilm~ be deemed an approval of such plans and specifications by the
board, provided that the plans and specifications have been approved by the
department of development and inspections.
Section 5. That should any section or provision of this ordinance
or any portion thereof, any paraffraph, 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 6. That this ordinance shall become effective ten (10) days
after its passage on second and final reading, and the provisions hereof shall
be applicable to all applications pending upon its effective date.
3 ORD. NO. 30-86
PASSED AND ADOPTED in regular session on second and final
reading on this the 27th day of May 1986.
MAYOR
ATTEST:
First Reading May, 13, 1986 ,
Second Reading May 27, 1986
4 ORD. NO. 30-86
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