Ord G-178(25-53) 7,RGENCM ORD ¢NC NO.
E~,~R~NCY ORDIi'LCNCE OF T~ CI~ CO~CIL OF T~ CI~
OF D~AY B~CH, FLOR~A, C~TING .~ ~iG BO~
AI~/OR ZONC'~G CO~ISSION; PROVinG FOR ~'~ OF
AP~T~T OF l~S, AI~ D~ING ITS
l'ii'~S the 1953 Session of the Florida ~gislat~e amended the C~r-
ter of the City of Delray Beach, Florida, ~ ~wer~g the City Co~cil to
establish a ~ing Board ~d/or Zon~mg Co~ssion, and
%J}~S the City of De~ay Beach is ~thout an official Plying
Board and/or Zoning Comission ~ co~o~ity with accepted standards, and
W~S. the City of De~ay Beach ~s ~2diate need for a Pla~g
Board and/or Zoning Co~ission to provide for the general order~ ~th and
develo~ent of the City. and for the preservation of the ~blic health, safety.
pro~rty and we~e. and
~&S. the City Co~c~ of the City of De!ray Beach. Florida.
here~ dec.res an emergency to e~st just~g the ~diate crsation of a
Pla~ing Board a~/or Zoning Co~ssion
N~% T~O~, BE IT OPDAI~D BY T~ CI~ G~CIL OF ~ CtT~ OF
DE~2~Y B~iCH, ~OR~A, AS FO~S:
~ION i. Creation. A P~g Board for the City of Delray Beach
is hereby created ~der the authority of the c~rter and the statutes of the
State of Florida.
SECTION 2. Co~oosition. The P~g Board shall consJ, st of five
members, who sha~ be residents of the City of De~ay Beach,Florida. Said
members stroll be ~rsons of reco~ized e~rience ~d q~lifications, and
shall hold no other ~blic office or ~sition ~der the City gover~ent, ex-
cept as a mem~r of a Zoning Board of Adjustment or A~eals.
~CTiON 3. Aopoin~ent and te~ of mem~rs. The mem~rs of the
Pla~g Board shall be appointed ~ the City Co~til, and such a~o~tees,
~less sooner removed, ~all hold office for a ~ri~ of one, two, t~ee, fo~
and five years, res~ctive~, from date of appointment. Thereafter a~~
one member ~ll be appointed for a term of five (5) years.
~CTION ~. Removal of mem~rs; fillin~ ~cancies. Members of the
P~ing Board ~y, after a ~blic hearing, be removed by the Co~cil for
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inefficiency, neglect of duty or ~mlfeasance in office. Vacancies occurring
otherwise than through the expiration of term shall be filled for the unex-
pired term by the City Council.
SECTION 5- C.°m~°e~.sati°n' All members of the Planning Boa~'d shall
serve without compensation.
SECTION 6. .Organization;. meetings; recqrd. Within 30 d~ys after
the appointment in any year of members or a member, as ?~rovided in Section 3,
or whenever death, resignation or removal of any officer shall ~ake it nec-
essary, the Planning Board shall elect its c~irman frc~ among its members,
and shall create and fill such other of its offices as it may determine. The
term of the chairman shall be one year, with eligibility for ;~e-election.
and at least once a mont~
The Planning Board shall meet at the call of the Chairman~which ~eeting shall
be open to the public, and shall keep a public record of its resolutions,
findings and determinations. It may adopt the necessary rules and regulations
for the transaction of business.
SECTION 7. Expe.nditures, incurrin?~ indebtedness; donations~ employ-
special services. The expenditures of the Planning Board, exclusive of gifts
or earnings, shall be within the amounts appropriated for the purpose by the
City Council, and no indebtedness for which the City of Delray Beach shall
be liable will be contracted or incurred by the said Board unless an appropria-
tion is made by the City Council for such purpose, as authorized by law, and
then only to the extent of such appropriation. The Planning Board shall have
the right to accept gifts and ~onations for the exercise of its work, and may
e~pend the money received from such donations and gifts as on its judgment
may appear best, in the exercise of its proper functions. ~.~ithin its budget
appropriations, and any earnings and gifts in hand, it may provide for such
en~ployees as it rmy deem necessary for its work, and ~ay contract with City
planners s. nd other consultants as it may require. It nay request additional
services for special survey work of the City Manager, ~ho shall at his direc-
tion assign nembers of the staff of any adm~nistrati~e department to the board,
or direct such department to make special studies requested by the board.
SECTION $. ZoninE Commission. The Planning Board for the city
shall also be and constitute the Zoning Commission for the city. The Zoning
Commission shall have, and is hereby invested with the rights and authority
set forth and ~rovided for in Chapter 176, FLOP. ID~ STATUTES. It shall also
have power and authority to study and make reports and recommendations con-
cerning the matter and things as may be referred to it from time to time by
the City Co%u~cil bearing on the general orderly growth of the City.
respect to zoning, the Planning Board and Ion'S.rig co~mission shall, among its
other duties specifically study the resources and needs of the city and pre-
pare plans and naps for the systematic future develo~nment and betterment of
the city. It shall provide in said plans for subdividing the city into dis-
tricts, and zones, and prepare olans of the same specifying therein the height,
area and manner of construction and use of structures and buildings thereafter
to be erected in such areas and zones. It shall establish rules governing build~
ing lines and submit the same to the governing body of the c~% for aoproval andt
adoption, and submit reports and recommendations reooulatiug the percentage of a
lot that r..my be occupied, the size of yards, courts and open spaces, the locatio~ an
use of buildings and structures, and land for trade, industry, residence or
other purposes, and .-'~t shall make studies and surveys of the City with respect
to proper zoning thereof in as full and ample manner g~s it now has for and in
the performance of its other duties as a Planning Board. ~7herever the words
"City Planning Board, or "Planning Board" appear in tills ordinance the s~me
shall be deemed to mean and include the City Zoning Commission, and members
of said Planning Board are to be treated as and are hereby designated as the
City Zoning Commission.
Section.9.: Basic information and materials. The Planning Board
shall acquire and ma~intain in current form, basic irm%rmation concerning the
area to be served and its various parts. Such informalion and material shall
include the following:
(a) ~ps.: aerial photographs and like .~aterial showing natural and
man ~ade physical features of the area, including street pattern, lot lines,
structures and their location on lots, topography drainage, soil types and
such other m~tters as are important or likely to be important in determining
the amount, direction and kind of development to be expected in the area and
its various parts.
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(b) Population: Pa~t trends and present situation with respect to
number, characteristics, econonic levels, density and such other matters as
are important or likely to be important in determining the amount, direction,
and kind of development to be expected in the area and its various parts.
(c) Economic base: Past trends and present situation with respect
to commerce, industry, tourism and such other ~tters as are important in
determf_ning the amount, direction and kind of development to be e ~xpected in
the area and its various parts.
(d) Land Use: Past trends and present situation with respect to
use of land for residence, commerce, industry, tourism, public buildings, rec-
reation and other purposes, necessary details as to height, area, bulk and
location of structures, and such other information as is im~portant or likely
to be important in determing the amount, direction and kind of development to
be expected in the area and its various parts.
SECTION 10. ~ster Plan. Duty to prepare~ con~e.n.t.s.. When the basic
information has been brought together, it shall be the function and duty of
the Planning Board to make and suggest for adoption by the council a Master
Plan for the physical developnent of the City, including any areas outside the
boundaries of the city, which, in the judgment of the Planning Board, bear
relation to the planning of the municipality. Such plan, with the accompanying
maps, plats, charts and descriptive matter, shall show as the Planning Board's
recommendations for the development of said territory and may include, among
other things;
(a) The general character, location and extent of streets, bridges,
parks, waterways and other public ways, grounds and spaces;
(b) The general location of public buildings and other public prop-
ertl*;
(c) The general location and extent of public utilities, whether
public or privatel_y owned;
(d) The removal or suggested removal, relocation, widening, exten-
sion, narrowing, vacation, abandonment or change of use of such existing or
future ways, grounds, spaces, buildings, property, utilities or terminals, as
well as zoning plan for the control of the height, area, bulk, location and
use of buildings and premises.
SECTION ll. ~ster Plan. PurDo.se. In the preparation of the plan
provided for in Section 9, the Planning Board shall make careful and compre-
hensive surveys and studies of present conditions and future growth of the
municipality, ~h due regard to its relation with neighboring territory. The
plan shall be made with the general .r~Lrpose of guiding and accomplishing a
co-ordinated adjudted and harmonious development of the city, and its en-
virons, which will in accordance ~th present and future needs, best ~uromote
in the view of the Board, health, safety, morals, order, convenience, recre-
ational facilities, prosperity and general welfare, as well as efficiency
and economy in the process of development, including, among other things,
adeouate provision for traffic, the promotion of safety from fire and other
dangers, adequate provision for light and air, the promotion of the healthful
and convenient natural cultural and aesthetic values adapted to or suitable
for park and playground sites, etc., in and around the city, the oromotion of
good civic design and arrangement, ~ise and efficient expenditure of public
funds and the adequate provision of public utilities and other oublic require-
ment s.
SECTION 12. Public Hearing~ Promotion of public interest in plans.
Before the submission of any plan, or part thereof, or any amendment, exten-
sion or addition to the City Council for its approval or rejection, the
Planning Board shall hold at least one public hearing thereon. The Planning
Board shall have the power to promote public interest in and understanding of
its plans, and to that end (subject to its limitations on expenditures as
provided by the preceeding sections ) may publish and distribute copies of
the plan or any report, and may employ such other legitimate means of publicity
and education as it may determine.
SECTION l~. Reports to Council. The Planning Board shall from time
to time, and at least annually, submit reports in ~iting to the City Council
giving information regarding the condition of the City and any ptmns or pro-
posals for the development of the City and estimates of the cost thereof, and
such reports shall contain such recommendations as the Planning Board feels
should have prompt attention.
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SECTION 15. All ordinances or parts of ordinances in 4conflict here-
with are hereby repealed.
SECTION 15. This is an emergency ordinance and shall take effect
upon its passage on first and final reading.
SECTION 16. In the event any section, paragraph, sentence, clause
or portion of this ordinance shall for any reason be held unconstitutional,
invalid or ineffective, the same shall not repeal, nulify, or in any manner
affect any other section, paragraph, sentence, clause or portion of this
ordinance.
Passed in regular session on first and final reading on this
(attest) ~ ~' ~
~ity Clerk
(seal)