Ord G-342(02-60) ORDINANCE NO. G-.$42.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
DEIP~AY BEACH, FLORIDA AMENDING SECTION 29'11 OF
THE CODE OF ORDINANCES OF DELKAY BEACH BY CREAT-
ING AND PROVIDING FOR BOARD OF ADJUSTMENT; PRO-
VIDING MANNER OF APPOINTMENT OF MEMBERS; AND RE-
PEALING SECTION 29'12 OF SAID CODE, CHARTER AND
ALL ORDINANCES IN CONFLICT HEREWITH; AND PROVID-
ING AN EFFECTIVE DATE.
WHEREAS, the City of Delray Beach, Florida is endeavoring to
establish and create its Zoning and Planning procedures in confor-
mity with generally accepted standards prevailing in the State of
Florida; and
WHEREAS, the voters of this city repealed by referendum vote
Ordinance No. 866 adopted August 6, 1940, and also known as Sec-
tion 29-13 of the Code of Ordinances, at the general election held
Tuesday, December l, 1959, in order to preserve the public peace,
property, health and safety and achieve continuity of administra-
tion, it is necessary to create a Board of Adjustment.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF DELKAY BEACH, FLORIDA, as follows:
Section l: That Section 29-11 of the Code of Ordinances of the
City oZ"D~lr'a~ Beach, Florida, is hereby amended to read as follows:
8e~fon':l: (A) CREATION: A Board of Adjustment is hereby es-
tablished. The word ~when hereafter used in this Ordinance
shall be construed to mean the Board of Adjustment.
(B) COMPOSITION, TER~, VACANCIES: The Board shall
be composed of five members, who shall be appointed by the City Coun-
cil, 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 Council will appoint replacements
for expired terms, said replacements to serve for a term of three
years each. Said City Council may also appoint an alternate member
for each member of said Board, which alternate member: shall act in
the absence, disability or disqualification of the member l'or whom
he was appointed as an alternate, Any member or alternate member
shall be removable for cause, after charges have been preferred a-
gainst and served upon him, and a public hearing had before the City
Council thereon. Vacancies on the Board occuring for reasons other
than by expiration of term, shall be filled for the unexpired term
by the City Council. Members shall be residents of the City of Delray
Beach, and shall hold no other public office or position under the
City Government.
Section 2: All ordinances or parts of ordinances in conflict
herewith are hereby repealed, and Section 29-12 of the Code of Ordi-
nances of the City of Delray Beach, Florida, is hereby specifically
repealed.
Section $: In the event any section, paragraph, sentence,
clause, phrase or portion of this ordinance be
held unconstitutional, invalid or ineffective, the same shall
not repeal, nullify or in any manner affect any other section,
paragraph, sentence, clause or portion of this ordinance.
PASSED AND ADOPTED on the 15th day of February , 1960,
to be effective thirty days from said date.
ATT~~ M A Y O R' '
First Reading ~Z~
Second Reading
Affidavit of Publication
THE DELRAY BEACH NEWS-JOURNAL
Published Weekly
Delray Beach, Palm Beach County, Florida
STATE OF FLORIDA
COUNTY OF PALM BEACH
Be/ore the~-~ndersigned a_utcho~ity personally
appeared ~--~--- :-%- .~.-' ~,--./-~~ ...........
who on oath says tha~ _'~ ..is_~../_~__~..~.ld
................................................. of the DelrayBeach
News-Journal, a weekly newspaper published at
Delray Beach in Palm Beach County, Florida; that
the attached copy of advertisement, being a~_~.
....... ....
in the matter of ............................................................
in the ................................................................ Court,
was gtlblished in said newspaper in the issue (s)
Affiani further' · ,say~that~ the said Delray Beach
News-Journal is a newspaper published at Deb'ay
Beach, in said Palm Beach County, Florida, and
that the said newspaper has heretofore been con-
tinuously published in said Palm Beach County,
Florida, each Thursday and has been entered as
second class mail matter at the post office in
Delray Beach, in said Palm Beach County, Flor-
ida, for a period o£ one year next preceding the
first publication of the attached copy of adver-
tisement; and affiant further says that ..................
has neither paid nor promis~J~ any person, firm
or corporation any discou~, ~ebate, commission
or refund for the purposp/of~curing this adv~-
tisement for publieatio said ne a ,
Swor~to/~/nd subscribed before me this/~.._ .~'~
............. A.
day of ~'X~Z_~f..~_.~.eS~ ~-
Nota~.ytP,blic,/~}~te ol Yb_.,da at Large
My Commhsi~ Expires Nov. 6, 1960