44-90 EMERGENCY ORDINANCE NO. 44-90
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
173, "ZONING CODE", "SITE AND DEVELOPMENT PLAN
APPROVAL", "ADMINISTRATION AND ENFORCEMENT", SECTION
173.916, "BOARD OF ADJUSTMENT", BY REPEALING
SUBSECTIONS 173.916(A) AND (B); BY ENACTING NEW
SUBSECTIONS 173.916(A) AND (B), PROVIDING FOR THE
CREATION OF AN INTERIM BOARD OF ADJUSTMENT HAVING
ALL THE POWERS AND DUTIES OF THE BOARD OF ADJUST-
MENT, PROVIDING FOR THE APPOINTMENT A~D TERMS OF
MEMBERS OF THE INTERIM BOARD OF ADJUSTMENT;
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 Board of Adjustment with revised duties and
functions will become effective on or about October 1, 1990; and,
WHEREAS, there presently exists a City Board of Adjustment 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 Board of
Adjustment function under the City's Code of Ordinances; and,
WHEREAS, it is the desire of the City Commission to maintain
continuity of the Board of Adjustment membership during the transition
period between the existing and the new land development regulations;
and,
WHEREAS, it is the intent of this ordinance to deconstitute
the existing Board of Adjustment and create an Interim Board of Adjust-
ment to operate in its stead; and,
WHEREAS, it is necessary to efficiently serve the public the
Interim Board of Adjustment 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", "Site and Develop-
ment Plan Approval", "Administration and Enforcement", Section 173.916,
"Board of Adjustment" of the Code of Ordinances of the City of Delray
'
Beach, Florida, be, and the same is, hereby amended by repealing Subsec-
tions 173.916(A) and (B).
Section 2. That Title XVII, "Land Usage", "Site and Develop-
ment Plan Approval", "Administration and Enforcement", Section 173.916,
"Board of Adjustment", of the Code of Ordinances of the City of Delray
Beach, Florida, be and the same is hereby amended by enacting a new
Subsections (A) and (B) to read as follows:
Section 173.916. Interim Board of Adjustment.
(A) Pursuant to the authority of the City Charter and Florida
Statutes Sec. 163.3174 an Interim Board of Adjustment is hereby created.
Wherever this Code of Ordinances refers to Board of Adjustment it shall
be deemed to refer to the Interim Board of Adjustment.
(1) The members of the Interim Board of Adjustment 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.
(2) The Interim Board of Adjustment 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.
(3) The Interim Board of Adjustment 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 determi-
nations. The Board may adopt such rules and regulations 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 Clerk ~ /
First Reading September 11, 1990
Second Reading N/A
2 ORD. NO. 44-90