Ord G-338(36-59) AN ~$~ ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF D~T.W~AY BEACH, F~ORIDA AMEND-
lNG SECTION 29-11 OF THE CODE 0P ORDINANCE~
0P DELRAY BEAOH BY CREATING AND PROVIDING
FOR BOARD OF ADJUSTMENT; PROVIDING Fa~d~tER
OF APPOINTMENT OF MEMBERS; DEFINING IT~
POWER~ AND DUTIES; AND PROVIDING NE~ SEOTION
29'13 OF SAID CODE CHAPTER BY PROVIDING
METHOD FOR OH~d~GE~ AND AMENDMENT~ TO BOUND-
ARIE~ OR REGULATIONS; AND REPEALING SECTION
29'12 OF SAID CODE CHAPTER AND ALL ORDINANCE~
IN CONFLICT HEREWITH; AND PROVIDING AN EFFECT-
IVE DATE.
WHEREAS, the City of Delray Beach, Florida is endeavor-
ing to establish and create its Zoning and Planning procedures
in conformity with generally accepted standards prevailing in
the State of Florida; and
~, the present procedural requirements for matters
pertaining to re-classification, special exceptions, and other
related matters, make~ for confusion as to responsibilities and
duties of the City Council, and the Planning Board and Zoning
Commission of said city; and
WHEREAS, the General Statutes of Florida has prescribed
generally a standard procedure, which is substantially set forth
hereinafter; and
WHEREAS, ~ the voters of this city repeal by referen-
dum vote 0~dinance No. 365 adopted August 6, 19~0, and also known
as Section 29-13 of the Code of Ordinances, at the ~'~ general
election ~e held Tuesday, December 1, 1959, in order to preserve
the public peace, property, health and safety and achieve contin-
uity of administration, it is necessary to create and empower a
Boa~d of Adjustment to act~ ~-a~-~e~gef~ry-i-s~e%~
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL 0F
THE CITY OF DELRAY BEACH, FLORIDA, AS F0rJ~)WS:
~.ec..tio..n.~ !.: That Section 29-11 of the Code of Ordinances
of the City of Delray Beach, Florida, is hereby amended to read
as follows:
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"section .1: (A) CREATION: A B~sl'd of Adjustment is
hereby established. The word "Bosmd" when hereafter used in
this Ordinance shall be construed to mean the Board of AdJustmente
(B) COMPOSITION,,. ..TERM,. V,ACAN,CI~: The
Board shall be composed of five members, who shall be appointed
by the City Council, and who shall serve without compensatione
_~ney shall be appointed for a term of three yearse 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 for ~hom he was
appointed as an alternate. Any member or alternate member shall
be removable for cause, after charges have been preferred against
and served upon him, and a public hearing had before the City
Cou~il thereon. Vacancies on the Board occuring for reasons
other than by expiration of term, shall be filled for the un-
expired 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, except as a member
of the City Planning Board.
(C) RUL,,~S ~ REG.,UI~. ~ONS; The Board
shall elect its own Chail~man, Vice-Chali~man and Secretary, and
shall fix and prescribe the duties of each of them. It shall
adopt rilles and regulations for its own government and for those
of persons appearing before it. All meetings shall be held at
the cell of the Chairman and_ at such other times as the Board
shall determine. The Chail~man, or in his absence, the Vice-
Chairman, may administer oaths and compel the attendance of
witnesses. The Board shall keep minmtes of its proceedings,
~btch shall be open to the public, showing vote of e ach member
present upon each question, or if absent or failing to vote~
indicating such fact, and the Board shall also keep records of
its examinations and other official actions. Every rule, amend-
ment or repeal thereof and every order, requirement, decision or
determination of the Board shall be filed in the office of the
City Clerk, and shall be and remain a public record.
(D) P.0.WERS,. DUTIES, LIMITATIONS: The
Board may, in appropriate cases, and subject to appropriate con-
ditions and safeguards, make special exception to the terms of
the Zoning Ordinances of the City of Delray Beach, as now exist-
inS and as amended from time to time, in harmony with the
general purpose and intent of said Zoning Ordinances and in
accordance with the provisions hereof. The Board shall further
be vested with all the powers and duties, and shall b e subject
to all the restrictions provided for and contained in Chapter
176, Florida Statutes, ~
(E) APPEALS: Appeals to the Board may
be taken by any person ag~rieved or by any officer, cr bureau
of .the City Government affected by any decision of the Buildin~
Inspector, or any other administrative officer. Such appeal
shall be taken within a reasonable time, as provided by the rules
of the Board, by filing with the officer from whom the appeal is
taken and with the Board of Adjustment a notice of appeal specify-
ir~ the g~ounds thereof, The officer from whom the appeal is
taken shall forthwith transmit to the Board all the papers con-
stituting the record, upon which the action appealed from was
taken.
An appeal shall s ray all proceedings in furtherance
of the action appealed from unless the officer shall certify to
the Board after the notice of appeal shall have been filed with
him that, by reason offacts stated in his certificate, a stay
would., in his opinion, cause imminent peril to life or property~
in which case .proceedings shall not be stayed otherwise than by
a restraining order which may be Eranted by the Board after
notice to the officer from whom the appeal is taken and. on due
cause showne
(F) PUBLIC HEARING: In the case of
applications to the Board for Exceptions, Variances, or Special
Pe~ts under the provisions of the ordinance, no such appli-
cation shall be heard by the Board untll a notice, published by
the Chairman of the Board, giving the general details of the
application and the date and place at which the Board shall
hear the same shall have been published at least twice in a
newspaper of general circulation published in Delray Beach,
Floc-ida, the first publication to be at least fifteen (15)
days before the heaving, and until a copy of which notice shall
have been mailed to those persons owning property within two
hundmed (200) feet from the outside lines of the P~operty
described in the application, as such owners are listed and
as their mailing addresses are listed on the records of the
City Tax Assessor. The costs of such publication and of such
notices and mailing shall be defrayed from a fee of Twenty ($20.00}
Dollars which must be paid by the applicant at the time of filing
the application and no part of which shall be returned to the
applicant.
(G) P~OWER~: The BOard shall have the
following powers:
(1) To hear and decide appeals
where it ia alleged there is error in any order, requirement,
decision, or determination made by an administrative official
in the enforcement of the Zoning Ordinances of the Cttye
(2) To permit the location of a
special Permit use as listed in Section 29-7.6(15) of said Code
of OrdtnanceSe
(3) ~o permit the extension of a
nonconforming use of building upon the lot occupied by such use
of building at the time of the passage of the zvnlng ordinance.
{4) To permit the extension of a
building or use into a more restricted district immediately
adjacent thereto but not more than fifty (50) feet beyond the
boundary line of the district in which such building or use is
authorizede
(5) In classes of cases or in
particular situations as specified in any zoning ordinance or
regulation adopted pumsuant to this act, and only in such
classes of cases or psmticular situations, to permit and
authorize exceptions to the district regulations subject to
appropriate conditions and safeguardse
(6) To authorize upon appeal in
specific cases such variance fi'om the te~ms of the ordinance
as will not be contrary to the public interest, where, owing
to special conditions, a literal enforcement of the provisions
of the Zoning Ordinances will result in unnecessary hardship,
so Justice is donee
(PI) DECI$..ION_: In exercising the above
mentioned powers, such Board may, in conformity with the pro-
visions of this Chapter, reverse or affirm, wholly or Partly,
or may modify the order, requirement, decision, or determination
appealed from and may make such order, requirement, decision
or determination as ought to be made, and to that end shall have
all the powers of the officer from whom the appeal is taken.
The concurring vote of three members of the Board shall be neces-
sary to reverse any order, requirement, decision or determination
of any such administrative official, or to decide in favor of
the applicant on any matter upon which it is required to pass
under any such ordinance, or to effect any variation in such
ord. inancee
(I) ~APPEAL TO COURT~: Any person or
persons, Jointly or severally, aggrieved by any decision of the
Board o~ Adjustment, or any taxpayer, or other officer, depart-
ment, board or bureau of the governing body of said municipality,
may present to a court of record a petition, duly verified,
setting forth that such decision is illegal, in whole or in
part, specifying the g~'ounds of the illegality. Such petition
shall be Presented to the coumt within thirty (30) days after
the filing of the decision in the office of the Board."
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$,e,,c,,t,i,on 2: That a new Section 29-13 of said Code of
Ordinances of the City of Delray Beach, Florida is hereby added
as follows:
"~ecti,qn 29-!~: OHANGE~. AND AMENDMENTS,,,,:,
(A) The City Council of the City of Delray
Beach, may from time to time, on its own motion or on petition,
after a public hearing of ~hich at least fifteen (15) days notice
has been given in a newspaper of general circulation and other-
wise as required by charter, amend, supplement, or change,
modify or repeal the boundaries or regulations herein, heret~-
fore or subsequently established, but only after submitting same
to the City Planning Board for its recommendations and report~
In case, however, the City Planning Board disapproves the change,
or in case of a protest against such changes duly signed and
acknowledged by the owners of twenty (20) per cent or more of
the frontage proposed to b e altered, or by the owner of twenty
(20) per cent or more of the frontage immediately in the rea~
thereof and extending five hundred (500) feet therefrom or by
the owners of twenty (20) per cent of the frontage directly
opposite the frontage proposed to be altered or by the owners
of twenty (20) per cent of the property immediately adjacent
thereto and extending five hundred (500) feet therefrom, such
amendment shall not be passed exc?~t by the foux~-fifths vote of
all members of the City GemmT~
(B) Any petition to rezone properties lying
east of the Intra-Coastal Waterway in the City of Delray Beach
shall only be considered by the City Council during the months
of December throug~h April, except where the petition shows an
emergency exists, and after due public notice is had as herein
required, the City Council unanimously finds said emergency to
exist, such petition may be processed and considerede
(c) Before any action shall be taken as pro-
vialed in this Eection, the party or parties proposing or recommend-
ing a change in the district regulations or district boundaries
shall deposit with the City Treasurer the sum of Twenty (~20.00)
Dollars to cover the approximate cost of this procedure and under
no condition shall said sum or any part thereof be refunded for
failure of said change to be adopted by the City Council."
Sectio_n 3: All ordinances or pa~ts of ordinances in
conflict herewith are hereby repealed, and Section 29-12 of the
Code of Ordinances of the City of Delray Beach, Florida is hereby
specifically repealed.
Section.4: This ordi~e shal,1 become l~w and take
effect at such t~e as' Ordinance No~36~"adopted by'~.,.~the voters
of De/ray Beach, F~oPida, at an electS,~h held Tuesday,~ugust
6,of the City of De 'ral9~O' also know, a. Section ~9r~29-13 ~f e Code of O~al o~r~a~i' ances
ch, F1 't ' aled in c
with law.
Se~9.t~ion _~.: 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, nu~ify or in any manner affect any other section, para-
graph, sentence, clause or portion o~ this ordinance./ /~?
PAS~ED AN~D.. ADOPTED as ~n cr.~rg~ncy
Mayor
ATTEST:
City Clerk
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