Loading...
Ord G-184(31-53) AN ORDINANCE OF THE CITY 00UNOIL OF T~E ¢Ilmff OF DELRA~ BEACR, FLORIDA, AI~IN~ ~CTION 11 OF CHAPTER XX OF TBE OITY BY PROVIDING FOB ZONING BOARD OF ADJIJSTM~T~ PROVIDING OF APPO~T OF ~B~; DEFINING ITS P(NERS AND DUTIES; AND ADDING SECTION 14 OF SAID CHAPTER XX BY PROVIDING METH~ FOR CHANGES AND AMENDMENTS TO BOUNDARIES OR REGUIATIONS AND PEkLING SECTION 12 OF SAID CHAPTER XX AND ALL ORDINANCES IN CONFLICT HEREWITH; AND PROVIDING AN EFFECTIVE DATE. ~qEAS, the City of Delray Beach, Florida is endeavoring to establish and create its Zoning and Planning procedures in conformity with generally accepted standards, and WHEREAS, the present procedural requirements for matters pertaining to re-classification, special exceptions, and other related matters, makes for confusion and conflict of interests and duties, and WHEREAS, the General Statutes of Florida has prescribed generally a standard procedure, which is substantially set forth hereinafter, and WHEREAS, a representative of the Florida State Improvement Commission has recommended the revision of the City zoning administrative procedures, and WHEREAS, there has been a detailed and e~haustive investigation and research made by a Citizens Group in the City of Delray Beach regarding better zoning procedures and their recommendations are substantially followed here- with. NC~, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section l: That Section ll of Chapter XX of the City Code of the City of Delray Beach, Florida, is hereby amended to read as follows: "Section ll; (A) C~EATION: A Zoning Board of Adjustment is hereby established. The word "Board" when hereafter used in this Ordinance shall be construed to mean the Zoning Board of Adjustment. (B) COMPOSITION~, TERMs, VACANCIES: The Board shall be seven composed of ~i~ members, who shall be appointed by the City Council, and who shall serve without compensation. They shall be appointed for a term of three years. Any member shall be removable for cause, after charges have been preferred against and served upon him, and a public hearing had before the (1) 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, except as a member of the City Planning Board. (C) RULES AND REGULATIONS: The Board shall elect its own Chairman, Vice-Chairman and Secretary, and shall fix and prescribe the duties of each of them. It shall adopt rules and regulations for its ~n government and for those of persons appea~ing before it. Ail meetings shall be held at the call of the Chairman and at such other times as the Board shall determine. The Chairman, or in his absence, the Vice-Chairman, may administer oaths and compel the attendance of witnesses. The Board shall keep minutes of its proceedings, which shall be open to the public, showing vote of each 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, amendment, 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) POb~ERS. DUTIES. ,L..,IMIT_ATI_0.NS: The Board may, in appropriate cases, and subject to appropriate conditions and safeguards, make special exception to the terms of the Zoning Ordinances of the City of Delray Beach, as now existing and as amended from time to time, in harmony with the general purpose and intent of saiA Zoning Ordinances and in accordance with the provisions hereof. The Board shall further be vested with all the powers and duties, and shall be subject to all the restrictions provided for and contained in Chapter 176, Florida Statutes, 1941. (E) A~: Appeals to the Board may be taken by any person aggrieved or by a~y officer, or bureau of the City Government affected by any decision of the Building Inspector, or any other administrative officer. Such appeal shall he 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 specifying the grounds thereof. The officer from whom the appeal is taken shall forthwith transmit to the Board all the papers constituting the record upon which the action appealed from was taken. An appeal shall stay 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 of facts 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 rest~bning order which may be granted by the Board after notice to the officer from whom the appeal is taken and on due cause shown. (F) PUBLIC HEARING: In the case of all applications to the Board for Exceptions, Variances, or Special Per.its under the pro- visions of the ~rdinance, no such application shall be heard by the Board until 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, Florida, the first publication to be at least fifteen (15) days before the hearing, and until a copy of which notice shall have been mailed to those persons owning property within two hundred (200) feet from the outside lines of the property 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 co sts 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 appli- cation and no part of which shall be returned to the applicant. (G) ~: The Board shall have the following powers: (1) To hear and decide appeals where it is alleged there is error in any order, requirement, decision, or determi~2tion made by an administrative official in the enforcement of the Zoning Ordinances of the City. (2) To hear and decide special exceptions to the terms of the Zoning Ordinances upon which such Board is required to pass under such Ordinance. (3) To authorize upon appeal in specific cases such variance from the terms 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 done. (H) DECISION_: In exercising the above mentioned powers, such Board may, in conformity with the provisions of this Chapter, reverse or affirm, wholly or partly, or may modify the order, requirement, decision, or determination appealed fr~n 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 five of~ members of the Board shall be necessary to reverse any order, require- ment, 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 ordinance. (I) ,A~ TO_ .C.O.UET.S: Any person or persons, jointly or severally, aggrieved by any decision of the Board of Adjustment, or any taxpayer, or other officer, department, board o~ 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 grounds of the illegality. Such petition shall be presented to the court within thirty (30) days after the filing of the decision in the office of the Board." Section 2: That a new Section 14 of ~hapter X~ of the City Code of the City of Delray Beach, Florida, is hereby added as follows: "eti~_E~_~___~A CHA~S~ ~TS: (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 which at least fifteen (15) days~ notice has been given in a news- paper of general circulation and otherwise as required by charter, amend, supplement, or change, modify or repeal the boundaries or regulations herein, heretofore or subsequently established, but only after submitting same to the City Planning Board for its rec~endations 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 be altered, or by the owner of twenty (20) per cent or more of the frontage immediately in the rear thereof and extending five hundred (500) feet therefr~n 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 except by the four-fifths vote of all members of the City C ommi s s ion. (B) Before any action shall be taken as provided in this Section, the party or parties proposing or reconnnending 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." ~.ec~ion ~.~ Ail ordinances or parts of ordinances in conflict here- with are hereby repealed, and Section 12 of Chapter XX of the City Code of the City of Delray Beach, Florida, is hereby specifically repealed. Sec.tion ~ This ordinance shall become law and take effect at such time as Ordinance No. 365, adopted by the voters of Delray Beach, Florida, at an election held Tuesday, August 6, 1940, also known as Section 14, Chapter XX, Code of the City of Delray Beach, Florida, is repealed in accordance with law. Section 5: 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. P~ASSED in Regular Session on second and final reading on this~ (Seal) 1st Reading: December 14, 1953 2nd Reading:, PASSED AND ADOPTED: .... DEC 2 8 1953 (6)