64-84 ORDINANCE NO. 64-84
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY
BEACH, FLORIDA, AMENDING CHAPTER 30, "ZONING
ORDINANCE", OF THE CODE OF ORDINANCES OF THE CITY OF
DELRAY BEACH, FLORIDA, BY AMENDING SECTION 30-25,
"BOARD OF ADJUSTMENT", SUBSECTION (B), "COMPOSITION,
COMPENSATION, TERMS, VACANCIES", TO REDUCE THE NUMBER
OF ALTERNATES COMPOSING THE BOARD FROM FIVE (5) TO TWO
(2) ALTERNATE MEMBERS; PROVIDING A SAVING CLAUSE;
PROVIDING FOR THE REPEAL OF ALL ORDINANCES OR PARTS OF
ORDINANCES IN CONFLICT HEREWITH; PROVIDING AN EFFECTIVE
DATE.
WHEREAS, the City Council of the City of Delray Beach, Florida deems it
necessary to decrease the number of alternate members of the Board of Adjustment in
compliance with Florida Statute Section 163.220(1).
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Section 30-25, "Board of Adjustment", Subsection (B),
"Composition, Compensation, Terms, Vacancies" of the Code of Ordinances of the City
of Delray Beach, Florida, be, and the same is hereby amended to read as follows:
(B) COMPOSITION, COMPENSATION, TERMS, VACANCIES
The Board shall be composed of five members who shall be appointed by the
City Council, and who shall serve without compensation. The members of the
initial Board will serve for the following terms; one member for one year, two
members for two years and two members for three years. After the above
terms have expired the City Council shall appoint replacements for expired
terms, said replacements to serve for a term of three years each. The City
Council may also appoint ~ two (2) alternate members at large, which
members shall act in the absence, disability or disqualification of any
members. The alternates shall be appointed in the same manner and for the
same term as the re~,ular members. The chairman shall desiwnate the alter-
nate who shall serve in the absence, disability or disqualification of any
regular member. Any member or alternate member shall be removable for
cause, after charges have been preferred against and served upon him, and a
public hearing held before the City Council. Vacancies on the Board occur-
ring for reasons other than by expiration of term, shall be filled for the
unexpired term by the City Council. Members and alternates shall either be
a resident of the City of Delray Beach and/or shall have his principal place
of business in Delray Beach, and shall hold no other public office or position
under the City government.
Section 2. 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 3. That all ordinances or parts of ordinances which are in conflict
herewith are hereby repealed.
Section 4. That this ordinance shall become effective ten (10) days after its
passage on s'econd and final reading, and the amendment set forth herein shall be
effected through exph. ation without ~]l~ng the vacancy of terms of current alternate
members until the number of members is two (2).
PASSED AND ADOPTED in regula~ session on second and final reading on this
the 28th day of August , 1984 .
MAYOR
ATTEST:
Fi~'st Reading, August 14, 1984
Seuond Re&ding August 28, 1984
ORD. NO. 64-84