Ord G-344(04-60) ~ EMERGENCY ORDINA~CE OF THE CITY COUNCIL OF
THE CITY OF DELRAY BEACH, FLORIDA
SECTION 29-11 OF THE CODE OF ORDIN~fCES OF
DELRAY BEACH BY ADDING PROVISIONS SETTING
FORTH THE PROCEDURE OF THE BOARD OF ADJUSTMENT,
ITS POWERS AND DUTIES, THE ESTABLISHMENT OF A
SCHEDULE OF FEES AND CHARGES ~fD PROVIDING FOR
Ai.I EFFECTIVE DATE.
WHEREAS, the City Council of the City of Delray Beach,
Florida has adopted on ordinance creating a Board of Adjustment,
said Ordinance being effective as of March .j_5___,1960, it is
deemed necessary to pass this ordinance as an emergency to be
effective on March 1~, 1960, the same date upon which said Board
of Adjustment will have power to act, this ordinance providing for
the Procedure of said Board, its Powers, Duties and for a Schedule
of Fees and Charges.
NOW, THEREFORE, BE IT ORDAI>~ED BY THE CITY COUNCIL OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1: That Section 29-11 of the Code of Ordinances
of the City of Delray Beach, Florida is hereby amended to read as
follows:
Section 2: (A) PROCEEDINGS OF THE BO~qD OF ADJUST~ENT:
The Board of Adjustment shall adopt rules necessary to the conduct
of its affairs, said rules and any amendments thereto to be
approved by the City Council. Meetings shall be held at the call
of the chairman and at such other times as the Board may determine.
The chairman, or in his absence the acting chairman, may administer
oaths and compel the attendance of witnesses. All meetings shall be
open to the public.
The Board of Adjustment shall keep minutes of its pro-
ceedings, showing the vote of each member upon each question, or if
absent or failing to vote indicating such fact, and shall keep
records of its examinations and other official actions, all of which
shall be a public record and be immediately filed in the office of
the City Clerk.
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(B) H~RINGS; APPEALS; NOTICE: Appeals to
the Board of Adjustment may be taken by any person aggrieved or
by any officer or bureau of the governing body of the city
affected by any decision of the administrative official. Such
appeals shall be taken within a reasonable time,not to exceed
60 days or such lesser period as may be provided by the rules
of the Board by filing with the administrative official and
with the City Clerk a notice of appeal specifying the grounds
thereof. The administrative official shall forthwith transmit
to the Board all papers constituting the record upon which the
action appealed from was taken.
The Board of Adjustment shall fix a reason-
able time for the hearing of the appeal, give public notice
thereof as well as due notice to the parties in interest, and
decide the same within a reasonable time. At the hearing, any
party may appear in person or by agent or attorney.
(C) STAY OF PROCEEDINGS: An appeal stays
all proceedings in furtherance of the action appealed from,un-
less the administrative official from whom the appeal is taken
certifies to the Board of Adjustment after the notice of appeal
is filed with him, that by reason of facts stated in the cer-
tificate, a stay would, in his opinion, cause imminent peril to
life and property. In such case proceedings shall not be stayed
other than by a restraining order which may be granted by the
Board of Adjustment or by a court of record on application, on
notice to the administrative official from whom the appeal is
taken and on due cause shown.
Section 3: PO~S AND DUTIES OF THE BOARD OF
ADJUSTMENT: The Board of Adjustment shall have the following
powers and duties:
(A) ADMINISTRATIVE REVIEW: To hear and
decide appeals where it is alleged there is error in any order,
requirement, decision, or determination made by the administrative
official in the enforcement of existing ordinances.
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(B) SPECIAL EXCEPTIONS: CONDITIONS
GOVERNING APPLICATIONS; PROCEDUP~ES: To hear and decide only
such special exceptions as the Board of Adjustment is
specifically authorized to pass on by the terms of existing
ordinances; te decide such questions as are involved in
determining whether special exceptions should be granted;and
to grant special exceptions with such conditions and safe-
guards as are appropriate under existing ordinances, or to
deny special exceptions when not in harmony with the purpose
and intent of existing ordinances. A special exception shall
not be granted by the Board of Adjustment unless and until:
a) A written application for a special exception is
submitted indicating the section of existing
ordinances under which the special exception is
sought and stating the grounds on which it is re-
quested;
b) Notice shall be given at least fifteen days in ad-
vance of public hearing. The owner of the property
for which special exception is sought or his agent
shall be notified by mail. Notice of such hearings
shall be posted on the property for which special
exception is sought, at the City Hall, and in one
other public place at least 15 days prior to the
public hearing;
c) The public hearing shall be held. Any party may
appear in person, or by agent or attorney;
d) The Board of Adjustment shall make a finding that
it is empowered to grant the special exception
under the section of existing ordinances described
in the application and that the granting of the
special exception will not adversely affect the
public interest.
In granting any special exception,the
Board of Adjustment may prescribe appropriate conditions and
safeguards in conformity with existing ordinances.Violation
of such conditions and safeguards,when made a part of the terms
under which the special exception is granted shall be deemed
a violation of existing ordinances. The Board of Adjustment
shall prescribe a time limit within which the action for
which the special exception is required shall be begun or
completed, or both. Failure to begin or complete,or both, such
action within the time limit set shall void the special ex-
ception.
(C) VARIANCES;CONDITIONS GOVERitING
APPLICATIONS; PROCEDURES: To authorize upon appeal in specific
cases such variance from the terms of existing ordinances as
will not be contrary to the public interest where,owing to
special conditions,a literal enforcement of the provisions of
existing ordinances would result in unnecessary hardship. A
variance from the te~ms of existing ordinances shall not be
granted by the Board of Adjustment unless and until:
a) A written application for a variance is submitted
demonstrating:
l) That special conditions and circumstances exist
which are peculiar to the land,structure,or build-
ing involved and which are not applicable to other
lands, structures, or buildings in the same district;
2) That literal interpretation of the provisions of
existing ordinances would deprive the applicant of
rights commonly enjoyed by other properties in the
same district under the terms of existing ordinances;
3) That the special conditions and circumstances do not
result from the actions of the applicant;
4) That granting the variance requested will not confer
on the applicant any special privilege that is denied
to other lands, structures,or buildings in the same
district. No non-~onforming use of neighboring lands,
structures,or buildings in the ssme district,and no
permitted use of lands,structures,or buildings in
other districts shall be considered grounds for the
issuance of a variance.
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b) Notice of public hearing shall be given as in
Section 3 (B) (b) above;
c) The public hearing shall be held. Any party may
appear in person,or by agent or by attorney;
d) The Board of Adjustment shall make findings that
the requirements of Section 3 (C) (a) have been
met by the applicant for a variance;
e) The Board of Adjustment shall further make a
finding that the reasons set forth in the app-
lication Justify the granting of the variance,
and that the variance is the minimum variance
that will make possible the reasonable use of the
land, building, or structure;
f) The Board of Adjustment shall further make a
finding that the granting of the variance will be
in harmony with the general purpose and intent of
existing ordinances, will not be injurious to the
neighborhood,or otherwise detrimental to the
public welfare.
In granting any variance,the Board of
Adjustment may prescribe appropriate conditions and safe-
~Euards in conformity with existing ordinances. Violation of
such conditions and safeguards, when made a part of the terms
under which the variance is granted, shall be deemed a violation
of existing ordinances.
Under no circumstances shall the Board
of Adjustment grant a variance to permit a use not generally
permitted or by special exception permitted in the district
involved, or any use expressly or by implication prohibited
by the terms of existing ordinances in said district.
(D) DECISIONS OF THE BOARD OF ADJUST~ENT:
In exercising the above mentioned powers, the Board of
Adjustment may, so long as such action is in conformity with
the terms of existing ordinances,reverse or affirm,wholly or
partly,
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or may modify the order, requirement, decision, or determination
appealed from and may make such order, requirement, ~e~sion, or
determination as ou~z~t to be made, and to that end shall have
powers of the administrative official from whom the appeal is
taken.
The concurring vote of four members of the
Board shall be necessary to reverse any order, requirement,decision,
or determination of the administrative official, or to decide in
favor of the applicant on any matter upo~ which it is required to
pass under this ordinance, or to effect any variation in the
application of this ordinance.
Section 8: SCHEDULE OF F~E~, CHARGES A2i'D ~...o~o: The
City Council shall establish a schedule of fees, charges, and
expenses, and a collection procedure, ~or apDea~s and other
matters pertaining to this ordinance. This schedule of fees
shall be posted in the office of the administrative official,and
may be altered or amended only by the City Council.
~!o action shall be taken on proceedings before
the Board of Adjustment unless or until preliminary charges and
fees have been paid in full.
Section 5: APPEALS FROM THE BOARD OF ADJUSTME~iT: Any
person or persons, or any board, taxpayer, department, board or
bureau of the city aggrieved by any decision of the Board of
Adjustment may seek review by a court of record of such decision,
in the manner provided by the laws of the State of Florida and
particularly by Chapter 176, Florida Statutes.
Section 6: SEPARABILITY CLAUSE: Should any section or
provision of this ordinance be declared by the courts to be un-
constitutional or invalid, such decision shall not affect the
validity of the ordinance as a whole, or any part thereof other
than the part so declared to be unconstitutional or invalid.
ATTEST:
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Affidavit of Publication
THE DELRAY BEACH NEWS-JOURNAL
Published Weekly
Delray Beach, Palm Beach County, Florida
STATE OF FLORIDA
COUNTY OF PALM BEACH
Before the undersigned authority personally
appeared ~-~..-~ ................
on oath says that~._is~
who
.................................................. of the Delray~each
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 published in said newspaper in the issue (s)
Affianl £m'ther says that the said Delray Be~eh
News-,lom'nal is a newspaper published at Delray
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 of one year next preceding the
first publication of the attached copy o~t,J~dver-
tisement; and affiant further says that.~,l~l!~..._.
has neither paid nor promised any person, firm
or corporation any discount>.~rebate, commission
or refund for the purpose~ff ~ecuring this adver-
tisement for publicatiop/in~e~ ?~id n~/ws/p~er.
Sworn to and subsc~be~l before me this/_~J~.~/~
day of .5£L~_;i;.~L.-~_:./3. ............. A. D. 1~.~
/
~¥ (~omrm:~o~ Exp~rei Nov. 6, ]960
BOARD OF ADJUSTMENT RULES OF PROCEDURE
Article l: GF~ERAL GOVERNING RULES: The Board of
Adjustment (hereinafter referred to as the Board) shall be
governed by the provisions of Chapter 176, Florida Statutes,
the zoning ordinance of the city, and the rules of procedure
set forth herein, as adopted by the Board and approved by
the City Commission. No rule herein shall be changed or
waived without the affirmative vote of four members of the
Board and the concurrence of the City Commission.
Article ll: OFFICERS, CO~MITTEES:
1. The Board shall elect a chairman and vice-
chairman ( who shall be acting chairman in the absence of the
chairman) annually in the month of .~rch . The chairman
may not suceed himself.
2. The chairman (or in his absence the vice-
chairman) shall preside at all meetings and hearings of the
Board and decide all points of order and procedure. The
chairman shall appoint any committees which may be found
necessary, including a committee for preliminary review of
appeals.
3. A secretary (who need not be a member of
the Board) shall be designated by the Board. The secretary
shall conduct all correspondence of the Board; keep a minute
book recording attendance, the vote of each member upon each
question, or if absent or failing to vote, indicating such
fact; and records of examinations and hearings and other
official..actions; and shall carry out such other official
duties as may be assigned by the Board.
Article lll: M~ETINGS.
1. The regular meeting of the ~oard shall be
held the third ~esday
~ of the Month at~ P.M. unless there is no
cause for holding such meeting. If there is to be a regular
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meeting, the secretary shall inform the members of the
Board at least 24 hours in advance.
2. SPECIAL MEETINGS: May be called by the
chairman provided that at least 24 hours notice of such
meeting is given each member.
3. A QUORUM: Shall consist of three members
for the transaction of all business except reversal of
decisions of the administrative official and decisions to
allow variance and special exceptions, which shall require
a quorum of four.
4. REPRESENTATION, PERSONAL INTEREST: Neither
the secretary nor any member of the Board shall appear for
or represent any person in any matter pending before the
Board. No ~ember of the Board shall hear or vote upon an
appeal in which he is directly or indirectly interested in
a personal or financial way.
5. CONDUCT OF MEETINGS: All meetings shall be
open to the public. The chairman or in his absence the vice-
chairman, may administer oaths or compel the attendance of
witnesses. The order of business at meetings shall be as
follows: (a) roll call; (b) reading of minutes of previous
meetings; (c) reports of committees; (d) unfinished business;
(e) hearing of cases; (f) new business.
6. ADJOURNED ~EETINGS: The Board may adjourn a
regular meeting if all business cannot be disposed of on the day
set, and no further public notice shall be necessary for such
a meeting if the time and place of its resumption is stated
at the time of adjournment and is not changed after adjourn-
ment.
Article 1V: VACANCIES: Failure to attend three regular
meetings, shall be considered automatic resignation from the
Board, and upon such resignation, resignation by other
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means, or other vacancies occurring in office, the chair-
man shall inform the City Commission as promptly as
possible, so that the City Commission may appoint a re-
placement to fill out the unexpired term.
Article V: A~PEALS AND APPLICATIONS: NOTICE OF HEARINGS;
AMENDMENTS OF APPEALS:
1. Appeals to the Board may be taken by any
person affected by any zoning decision of the administrative
official, within 30 days after the decision involved. The
appeal shall be filed in triplicate with the administrative
official on a form provided by the Board of Adjustment, and
all pertinent information required thereon shall be furnished
before the appeal is considered filed.
2°° Upon receipt of the completed form, and pay-
ment of an appeal fee of $R5 the administrative official
shall forthwith transmit the original and both copies of
the appeal form to the secretary of the Board, together with
all papers constituting the record upon which the action ap-
pealed from was taken.
3. The secretary shall as promptly as possible
inform the committee for preliminary review concerning the
appeal, and the committee may either discuss the matter with
the applicant if the applicant desires or proceed directly to
order public notice and hearing. If the appeal is withdrawn
before public notice is given, ~15 of the appeal fee shall
be retUrned to the applicant.
If the applicant elects to withdraw the ap-
Deal at this or any other stage before final determination
by the Board, this fact shall be noted on the original and
both copies of the application, with the signature of the ap-
plicant attesting withdrawal. The original shall be retained
by the secretary for the files of the Board, one copy shall be
returned to the administrative official and one copy shall be
returned to the applicant.
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4. If the appeal is not withdrawn, the com-
mittee for preliminary review may request the applicant to
provide such additional information, but furnished on the
form, as may be needed to determine the particular case.
(which information shall be provided by the applicant be-
fore decision is made by the Board) and shall instruct the
secretary to proceed with public notic of a hearing on the
case.
5. The public notice shall be published not
less than five calendar days prior to the hearing in a
newspaper of local circulation, and in addition notice
shall be posted on the premises affected and shall be trans-
mitted to the appellant and such other parties in interest
as the committee for preliminary review shall determine.
The notice shall state the name of the appellant, the
location of the property, the action requested and the
time and place of the hearing.
6. Amendment of an appeal by the applicant may
be permitted at any time prior to or duriug the public
hearing, provided that no such amendment shall be such as
to make the case different from its description in the
notice of public hearing. If amendment is requested by the
applicant after public notice of the hearing has been given,
and such amendment is at variance with the information set
forth in the public notice, the applicant shall pay an
additional fee of $10 to cover amended public notice. If the
amended notice can be published five calendar days prior to
the hearing originally scheduled, the hearing on the
amended appeal may be held on that date, otherwise the Chair-
man shall announce that the hearing originally scheduled on
the case will be deferred to a ~ture meeting, before which
appropriate public notice will be given, and will state the
reasons for the deferral.
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Article Vl: HEARING; REHEARING:
1. An appeal shall be heard within 40 days
from time of filing of the completed application with the
administrative official unless the appeal is withdrawn. If
amended, the amended appeal shall be heard within 40 days
from filing of completed amendment. Appeals will be heard in
order of receipt of applications; amended appeals will have
priority according to date of amendment.
2. At the public hearing, the applican~r
any
other party may appear on his own behalf or be represented by
agent or by attorney.
3. Order of the hearing shall be:
a. Statement of case by Chairman.
b. Supporting argument by applicant or his
agent or attorney.
c. Supporting arguments by others at the
hearing.
d. Opposing arguments by persons at the
hearing.
e. Rebuttal by those supporting appeal
(other than applicant).
f. Rebuttal by those opposed to appeal.
g. Final rebuttal by applicant.
Witnesses may be called and factual evidence and
exhibits submitted.
The chairman may establish appropriate time limits
for arguments, but such time limits shall be equal for both
sides. The chairman may request representatives of each side
to speak for the entire group or portions of the group, but
shall not require such representation against the wishes of
the group involved.
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4. Application for rehearing may be made
in the same manner me the original appeal. Application
for rehearing may be denied by the Board if from the
record it shall appear that there hae been no substantial
change in facts, evidence or conditions. However, any
matter not previously reviewed may be heard again on
motion adopted by unanimous vote of all members at a
meeting at which a quorum is present.
Article Vll: DECISIONS: Final decision on appeals
shall be made within 35 calendar days of the last pub-
lication hearing at which it was considered, and shall be
in the form of a resolution. Any resolution reversing any
other order, requirement, decision or determination of the
administrative official or deciding in favor of the ap-
plicant on any special exception or variance, shall require
the concurring vote of four members of the Board. Failure
to pass such resolution shall constitute automatic denial
of the appeal.
The resolution shall show the reasons for
the determination made, and if in favor of the applicant shall
set forth any conditions or safeguards required, or any time
limitations prescribed.
Notation concerning the decision shall be
made on the original and beth copies of the application. The
original of the application together with a copy of the
resolution, shall remain in the files of the Board. One copy
of the application, together with a copy of the resolution,
shall be returned to the administrative official. The re-
maining copy of the application together with a copy of the
resolution, shall be returned to the applicant.
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These rules of procedure were adopted by the Board of
Adjustment the 12th day of March, 1960.
..~>~T~D Chairman
~.j.
Approve~d by City Council
ATTEST:
~. D. WORTHING
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