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27-75 ORDINANCE NO. 27-75. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ESTABLISHING A COMMUNITY APPEARANCE BOARD; PRESCRIBING ORGANIZATION, MEMBERS, TERMS, APPOINTMENTS; SPECIFYING POWERS, DUTIES AND CRITERIA OF THE BOARD; ESTABLISHING MEETINGS, RECORDS, APPROVAL OF PLANS AND RECO~iENDATIONS FOR TRANSMITTAL TO CITY COUNCIL A~ND DECISIONS; DECLARING CERTAIN ACTS TO BE IN VIOLATION OF THIS ORDiNA~NCE; P~aESCRIBING PENALTIES FOR THE VIOLATION OF THE PROVISIONS OF THIS ORDINA~CE; REPEALING ALL ORDINANCES OR PARTS OF ORDI- NANCES IN CONFLICT HEREWITH; AND FOR OTHER PURPOSES. WHEREAS, the City Council and citizens of Delray Beach are desirous of creating an improved quality of life in the community that can be derived from beautiful surroundings; and, WHEREAS, the health, safety, aesthetic attractiveness and general welfare of the community can be achieved through the cooperation of community leaders, architects, planners, Realtors, builders and all . citizens; and, WHEREAS, beautiful and well-planned communities result through deliberate community leadership and positive action guided by a board empowered by its enabling ordinance to merge environment and development into an integrated whole; and, WHEREAS, the Community Appearance Board Study Committee was author- ized by City Council to study and prepare the organization of the Community Appearance Board; and, WHEREAS, the City Council of the City of Delray Beach, Florida, con- curs in recommendations by said Study Committee; and, WHEREAS, the City Administration is in agreement with the recommenda- tions proposed, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. Creation, Members, Terms, Appointments. A Community Appearance Board is hereby created: (a) The Board shall be composed of five (5) members, appointed by the City Council for terms of two (2) years, except that the members of this first Board to serve shall be appointed so that t.hree (3) members shall serve two (2) year terms, and two (2) members shall serve one (1) year .terms. Their successors shall be appointed to two (2) year terms. (b) Two (2) alternate members shall be appointed by the City Council for terms of one (1) year. In the absence or disability of a regular member, an alternate member shall be called to sit, and act in his place by the Chairman of the Board. Section 2. Organization: Qualifications of members. The Community Appearance Board shall elect a Chairman and Vice- Chairman to preside at its meetings and such other officers as the Board may deem necessary. The Board shall formulate its rules and regulations for the conduct of its business. The ~.embers of the Board shall have the following qualifications: A member of the Community Appearance Board shall either be a resident of the City of Delray Beach and/or shall have his principal place of business in Delray Beach. (b) Two of the regular members of the Board shall be regis- tered architects. (c) One member of the Board shall be a landscape architect or a person with expertise in landscaping or horticulture. (d) Whenever feasible, one of the two (2) alternate members shall be a registered architect. Section 3. Powers and Duties; Plans and Speoifications. (a) The Community Appearance Board, as a prerequisite to its recommendation of approval or approval with conditions, may require such changes in said plans and specifications as in its judgment may be requisite and appropriate to the maintenance of a high standard of architecture, 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 and make recommendations as to 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 of Delray Beach, excluding separate single family dwellings, but including group single dwellings. Every application shall be accompanied by two sets of detailed plans and if plans submitted do not furnish suffi- cient 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 engi~ neer, qualified under the laws of the State of Florida to prepare such plans and specifications. The Community Appearance Board shall not give a favorable recommendation to the appliqation 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. The Community Appearance Board shall function as a recom- mending body only. The Board shall make recommendations to the City Council which the City Council will review in accordance with the criteria established in this ordi- nance and any supplemental crite_ria made applicable hereto. The City Council, after such review, shall make the final determination whether to approve the application for a permit, approve with conditions, or disapprove, provided, however, no application for a permit shall be considered by the City Council for final action until the applicant has processed his application through the Community Appearance Board. Section 4. Criteria. The Community Appearance Board may recommend approval, approval with conditions, or disapproval of the issuance of a building 'permit in any matter subject to its jurisdiction after consi- de. ration of whether the following are complied with: The plan for the proposed structure or project is in con- formity with good taste, goo~ design, and in general, contributes to the image of the City of Delray Beach, as a place of beauty, spaciousness, harmony, taste, fitness, Ord. No. 27-75. 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 com- prehensive plan for the City of Delray Beach, and with the criteria set forth in "Supplemental Criteria and Procedural Rules of the Community Appearance Board", as may from time to time be amended or revised. Any recom- mendation of the Board must comply with such supplemental criteria and procedural rules of the Community Appearance Board, which supplemental critera and rules must be con- sistent 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 struc- tures are involved. If the above criteria are met, the application shall be recommended for approval. 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 recommended for disapproval', 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 5. Meetings, Records, Recommendations for Approval of Plans, Transmittal to City Council and Decision. (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 con- sider without delay. All pending applications unnecessary meetings shall be open to the public and the order of business and procedure to be followed shall be as pre- scribed within the rules and regulations to be adopted by the Community Appearance Board; a majority of the Board shall constitute a quorum and the affirmative vote of the majority cf the Board shall be necessary for any action(s) thereof. The City Manage£ is hereby authorized and em- powered to appoint a secretary for the Board. A record of the proceedings of the Board shall be kept showing its action on each question considered. 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 recommendation within fif- teen (15) days of sufficient plans and specifications being filed with the Board shall constitute a recommendation for approval bf such plans and specifications by the Board. (c) The recommendation of the' Community Appearance Board shall be forwarded to the City Council. upon receipt of ~ recommendation, the City Council shall review the applica- tion, but if within sixty (60) days, the City Council has not acted upon the recommendation, the application for a permit shall be deemed denied. Ord. No. 27-75. Section 6. 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. A recommendation for 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 7. Violations. (a) It shall constitute a violation of this ordinance should any owner, agent or person having charge of or occupying any lot or premises covered by the provisions of this ordinance refuse or neglect, for a period of fifteen (15) days after receiving notice from the City of any viola- tions hereof, fail to cure such violation without further notice. (b) In case of such violation, as stated above, the City may then cause the work of removal, replacement and/or cutting to be done and the cost of such work shall forthwith be paid by such owner, agent or other person. (c) Upon failure of the owner, agent or other person to promptly pay the cost of such work, the City Clerk shall cause an affidavit to be placed upon the public records of Palm Beach County describing the work done and the amount of cost incurred by the City of Delray Beach. .-. Such affidavit shall constitute a claim of lien against · the property, foreclosable in the manner of mortgages, , together with the costs of the action and all reasonable attorneys' fees incurred by the City. Any notices required by this ordinance may be mailed to the owner of record as shown on the tax roll df Palm Beach County or may be posted upon the premises by affixing in any conspicuous place on any structure located on such premises or may be given by leaving a copy of such notice with any person of legal age occupying or having charge of the premises. Section 8. Penalty. Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to comply with, or who resists the enforce- ment of any of the provisions of this ordinance shall be fined twenty-five (25) dollars. Each day a violation exists shall constitute a separate offense. Section 9. All ordinances, resolutions or parts thereof in conflict herewith are hereby repealed. Section 10. If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held invalid or unconstitutional 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. PASSED AND ADOPTED in regular session on second and final reading on this 28th day of July , 1975. Firs~ Reading June 23, 1975 Second Reading_ruly 28. 1975 Ord. No. 27-75.