45-90 EMERGENCY ORDINANCE NO. 45-90
AN EMERGENCY ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AMENDING TITLE XV,
"BUILDING REGULATIONS", OF THE CODE OF ORDINANCES OF
THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING
CHAPTER 152, "COMMUNITY APPEARANCE", "COMMUNITY
APPEARANCE BOARD", BY REPEALING SECTIONS 152.35,
"ESTABLISHMENT", 152.36, "APPOINTMENT; TERMS", AND
152.37, "ORGANIZATION", AND BY ENACTING NEW SECTION
152.30, "INTERIM COMMUNITY APPEARANCE BOARD",
PROVIDING FOR THE CREATION OF AN INTERIM COMM]3NITY
APPEARANCE BOARD HAVING ALL THE POWERS AND DUTIES OF
THE COMMUNITY APPEARANCE BOARD, PROVIDING FOR THE
APPOINTMENT AND TERMS OF MEMBERS OF THE INTERIM
COMMUNITY APPEARANCE BOARD; PROVIDING A GENERAL
REPEALER CLAUSE; PROVIDING A SAVING CLAUSE; PROVID-
ING 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 Site Plan Review and Appearance Board with
revised duties and functions will become effective on or about October
1, 1990; and,
WHEREAS, there presently exists a City Community Appearance
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 Com-
munity Appearance Board function under the City's Code of Ordinances;
and,
WHEREAS, it is the desire of the City Commission to maintain
continuity of the Community Appearance Board 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 Comalunity Appearance Board and create an Interim Community
Appearance Board to operate in its stead; and,
WHEREAS, it is necessary to efficiently serve the public the
Interim Community Appearance 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 DELRA¥ BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Title XV, "Building Regulations", Chapter
152, "Community Appearance .... Community Appearance Board" of the Code of
Ordinances of the City of Delra¥ Beach, Florida, be, and the same is,
hereby amended by repealing Sections 152.35, "Establishment", 152.36,
"Appointment; terms", and 152.37 "Organization".
Section 2. That Title ~, "Building Regulations", Chapter 152,
"Community ~pearance", "Community ~pearance Board" of the Code of
Ordinances of the City of Delray Beach, Florida, be and the s~e is
hereby amended by enacting a new Section 152.35 to read as follows:
Section 152.35. Interim Community Appearance Board.
(A) Pursuant to the authority of the City Charter and Florida
Statutes Sec. 163.3174 an Interim Community Appearance Board is hereby
created. ~erever this Code of Ordinances refers to Community
~pearance Board it shall be deemed to refer to the Interim Community
~pearance Board.
(B) The members of the Interim Community ~pearance Board
shall be appointed by the Commission and serve at the pleasure of the
Commission. The term of the me~ers shall expire upon the adoption of
Ordinance 25-90 or any ordinance of similar import.
(C) The Interim Community ~pearance Board shall elect its
Chairman from ~ong its members and shall create and fill such other of
its offices as it may determine to be necessary.
(D) The Interim Community ~pearance Board shall meet at the
call of the Chai~an at least once a month which meeting shall be open
to the public and shall keep a public record of its resolutions, find-
ings and determinations. 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 the
ordinance or any portion thereof, any paragra~, 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:
J City ~lerk '
First Reading September 11, 1990
Second Reading N/A
-2- Ord. No. 45-90