12-76 ORDINANCE NO. 12-76
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING CHAPTER 2, ARTICLE
2, OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY
BEACH BY AMENDING SECTION 2-33(a) AND (b) THEREOF;
REPEALING THE SECOND PARAGRAPH OF SECTION 2-33 (b)
AND SUBSTITUTING IN ITS PLACE ANOTHER PARAGRAPH;
AMENDING THE FIRST PARAGRAPH OF SECTION 2-34 AND
SECTION 2-34(d) ; AMENDING SECTION 2-34.1(3);AMEND-
ING THE HEADING OF SECTION 2~35; AMENDING SECTION
2-35 (b); REPEALING SECTION 2-~35 (c); AMENDING
SECTION 2-36; THE PURPOSE OF THE FOREGOING AMEND-
MENTS, ADDITIONS AND REPEALER IS TO CHANGE THE
COMMUNITY APPEARANCE BOARD FROM AN ADVISORY BOARD
TO A FINAL DECISION-MAKING BODY EXCEPT UPON APPEAL
OF THE APPLICANT TO THE CITY COUNCIL;' ADDING A NEW
SECTION 2-39 PROHIBITING THE BOARD OF ADJUSTMENT
FROM GRANTING VARIANCES FROM THE TERMS AND CON-
DITIONS OF THIS CHAPTER 2, ARTICLE 2; 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 2-33(a) and (b) Powers and Duties; Plans
and Specifications be amended-las follows:
(a) The Community Appearance Board, as a prerequisite
to its ~eesmme~a~-8~ approval or approval with
conditions, may require such changes in said plans and
specifications as in its judgmentmaybe requisite
and appropriate to the maintenance of a high standard
of architecture, beauty and harmony as established
~y the stan~dards adopted by the City Council for
the guidance of the Board.
(b) The Community Appearance Board shall review and
make ~ee~mme~a~s-as-~e a decision to approve,
app.rove with conditions or disapprove, every application
for a permit to erect a building, structure or sign
or to materially alter an elevation of any existing
~uilding or structure or sign in the City of Delray
Beach, excluding separate single family dwellings,
~ut including group single dwellings. -Every
~pplication shall b~ accompanied by two 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 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 Community Appearance Board
shall not give a favorable ~ee~mme~~ decision
to the application for a permit until the plans (and
specifications when required) including landscape
plans, have been provided as herein set forth and
approved by the Board.
SECTION 2. That the second paragraph of Section 2-33(b) be
repealed and a new paragraph be added to read as follows:
The Community Appearance Board shall function as
the final decision-making authority in regard to
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 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 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 45 days the application shall'be
deemed approved as originally submitted.
SECTION 3. That the first paragraph of Section 2-34 and Section
2-34(d) Criteria, be amended as follows:
The Community Appearance Board may ~eeemme~4-app~eva~,
approve, ~pp~ev~ approve with conditions, or ~sapp~eva~-~
disapprove the issuance of a building permit in any matter
subject to its jurisdiction after consideration of whether
the following are complied with:
(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. If
the above criteria are met, the application shall
be ~ee~mmem~e~-~-app~va~ approved. Conditions
may be applied when the proposed building or structure
does not comply with the above criteria and shall be
such as to bring said structure or project into
conformity. If any application is ~eeemme~e~-~e~
~sapp~eva~T disapproved, the Community Appearance
Board shall detail in its findings the criterion
or criteria that are not met. The action taken by
the Board shall be recorded 'in .writing, signed by
the Chairman, and a.copy thereof made available to
the applicant on request.
SECTION 4. That the first paragraph of Section 2-34.1(3) Final
Review Requirements be amended as follows:
The final review is that stage in the review process of the
Community Appearance Board after which the Board makes a
formal decision
make-e~-e~e-eiey-ee~me&~ on an application for a permit
to erect a building, structure or sign, or to materially
alter the elevation of a building, structure or sign. Prior
to initiating the final review of the Community Appearance
Board, the applicant will submit the following material
to the Board:
-2- Ord. No. 12-7~
SECTION 5. That the heading of Section 2-35 and Section 2-35(b)
be amended as follows:
Section 2-35. Meetings, Records, Reesmmem4e~ems-~e~
e~,~e&~ and Decision.
(b) Failure of the Board to make a ~eesmme~4a~8~ decision
within ~&~eeem-~§~ fo~.ty-five (45) days of sufficient
plans and specifications being filed with the Board
shall constitute ~-~eesmme~ae&~-~e~ an approval of
such plans and specifications by the Board.
SECTION 6. That Section 2-35(c) is hereby repealed.
SECTION 7. That Section 2-36 be amended to read as follows:
The requirements of this ordinance are in addition
to any other requirement of the Code of Ordinances
of the City of Delray Beach, such as the Zoning
Code, the Building Code, etc.
An approval by the Community Appearance Board of a
given set of plans and specifications does not
necessarily constitute evidence of applicant's
compliance with other requirements of the Code of
the City of Delray Beach.
SECTION 8. That Section 2-39 be added to read as follows:
Board of Adjustment Prohibited From Grantinq
Variances.
The Board of Adjustment of the City of Delray Beach
is hereby expressly prohibited from granting a
variance from any of the requirements, terms or
conditions set forth in Chapter 2, Article 2 of
the Code of Ordinances of the city of Delray Beach.
SECTION 9. If any section, subsection, sentence, clause, phrase
or portion of this ordinance is for any reason held invalid or unconsti-
tutional by any court of competent jurisdiction, such portion shall be
deemed a separate, distinct and independent provision and shall not
affect the validity of the remaining portion thereof.
SECTION 10. That this ordinance shall become effective upon
second and final reading.
PASSED AND ADOPTED in regular session on second and final reading
on this the 10th day of May , 1976.
~ city Clerk
First Reading... ~pril 12, 1976
Second Reading .May 10, 1976
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