43-90 EMERGENCY ORDINANCE NO. 43-90
AN EMERGENCY ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AMENDING TITLE XVII,
"LAND USAGE", OF THE CODE OF ORDINANCES OF THE CITY
OF DELRAY BEACH, FLORIDA, BY AMENDING CHAPTER 171,
"COMPREHENSIVE PLAN", BY REPEALING SECTION 171.15,
"CREATION OF PLANNING AND ZONING BOARD", SECTION
171.17, "APPOINTMENT AND TERM; OFFICERS; MEETINGS",
AND 171.18, "REMOVAL OF MEMBERS; VACANCIES", BY
ENACTING A NEW SECTION 171.10, "INTERIM PLANNING AND
ZONING BOARD", PROVIDING FOR THE CREATION OF AN
INTERIM PLANNING AND ZONING BOARD HAVING ALL THE
POWERS AND DUTIES OF THE PLANNING AND ZONING BOARD,
PROVIDING FOR THE APPOINTMENT AND TERMS OF MEMBERS
OF THE INTERIM PLANNING AND ZONING BOARD; PROVIDING
A GENERAL REPEALER CLAUSE; PROVIDING A SAVING
CLAUSE; PROVIDING AN EFFECTIVE DATE.
WHEREAS the City of Delray Beach is in the process of revis-
ing its Land Development Regulations; and,
WHEREAS, it is anticipated that new Land Development Regula-
tions establishing a new Planning and Zoning Board with revised duties
and functions will become effective on or about October 1, 1990; and,
WHEREAS, there presently exists a City Planning and Zoning
Board on which there are large number of vacancies; and,
WHEREAS, it is necessary for the orderly transaction of
business and processing of land development applications that a Planning
and Zoning Board function under the City's Code of Ordinances; and,
WHEREAS, it is the desire of the City Commission to maintain
continuity of the Planning and Zoning Board membership during the
transition period between the existing and the the new land development
regulations; and,
WHEREAS, it is the intent of this ordinance to deconstitute
the existing Planning and Zoning Board and create an Interim Planning
and Zoning Board to operate in its stead; and,
WHEREAS, it is necessary to efficiently serve the public the
Interim Planning and Zoning Board be duly constituted and function in
the month of September; and,
WHEREAS, the City Commission believes this to be an emergency
situation requiring the enactment of this emergency ordinance pursuant
to the procedures set forth in Section 166.0413(b), Florida Statutes.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Title XVII, "Land Usage", Chapter 171,
"Comprehensive Plan", be, and the same is, hereby amended by repealing
Sections 171.15, "Creation of Planning and Zoning Board", 171.17,
"Appointment and Term; Officers; Meetings", 171.18, "Removal of Members;
Vacanc les".
Section 2. That Title XVII, "Land Usage", Chapter 171,
"Comprehensive Plan", be and the same is hereby amended by enacting a
new Subsection 171.10, "Interim Planning and Zoning Board" to read as
follows:
171.10. Interim Planning and Zoning Board.
(A) Pursuant to the authority of the City Charter and Florida
Statutes Sec. 163.3174 an Interim Planning and Zoning Board is hereby
created. Wherever this Code of Ordinances refers to Planning and Zoning
Board it shall be deemed to refer to the Interim Planning and Zoning
Board.
(B) The members of the Interim Planning and Zoning Board shall be
appointed by the Commission and serve at the pleasure of the Commission.
The term of the members shall expire upon the adoption of Ordinance
25-90 or any ordinance of similar import.
(C) The Interim Planning and Zoning Board shall elect its Chairman
from among its members and shall create and fill such other of its
offices as it may determine to be necessary.
(D) The Interim Planning and Zoning Board shall meet at the call
of the Chairman at least once a month which meeting shall be open to the
public and shall keep a public record of its resolutions, findings and
determinations. The Board may adopt such rules and regulations and
deemed necessary for the transaction of business.
Section 3. That all ordinances or parts of ordinances which
are in conflict herewith are hereby repealed.
Section 4. That should any section or provision of this
ordinance or any portion thereof, any paragraph, sentence, or word be
declared by a court of competent jurisdiction to be invalid, such
decision shall not affect the validity of the remainder hereof as a
whole or part thereof other than the part declared to be invalid.
Section 5. Pursuant to Section 166.0413(b), Florida Statutes,
if approved by a two-thirds majority of the City Commission, this
ordinance shall take effect upon first and final reading.
PASSED AND ADOPTED in regular session on first and final
reading on this the llth day of September , 1990.
ATTEST:
city Cl~rk -
First Reading September 11, 1990
Second Reading N/A
2 ORD. NO. 43-90