§ 2.2.4. The Board of Adjustment.

(A)

Creation. A Board of Adjustment for the City of Delray Beach is hereby created under the authority of the City Charter Section 3.14. [Amd. Ord. 26-11 9/20/11]

(B)

Composition. [Amd. Ord. 19-13 9/17/13]

(1)

The Board of Adjustment shall consist of five regular members. In addition, there shall be two alternate members. In the absence of a regular member, an alternative member shall be called to sit, and act in lieu of the regular member, by the Chairperson of the Board. [Amd. Ord. 19-13 9/17/13]

(2)

Each of three seats on the Board must be filled with either an architect, landscape architect, realtor/real estate broker, engineer, general contractor or land planner. The remaining two seats shall be at large. The appointing body shall endeavor to appoint as many disciplines as possible to the Board. [Amd. Ord. 19-13 9/17/13]

(C)

Meetings and quorum.

(1)

The Board of Adjustment shall hold two regularly scheduled business meeting each month. However, the required regular meetings shall be canceled if there are no petitions before the Board.

(2)

A quorum of the Board consists of four members. The concurring vote of four members shall be necessary to decide in favor of an applicant with respect to reversing a decision of the Chief Building Official or the granting of a variance.

(3)

The Chairperson may administer oaths and compel the attendance of witnesses.

(D)

Duties, powers, and responsibilities.

(1)

The Board hereby has the authority to hear and decide appeals where it is alleged there is an error in any order, requirement, decision, or determination made by the Chief Building Official, with the exception of interpretations of use matters and other items specifically preempted or granted to others pursuant to these Land Development Regulations.

(2)

The Board, so long as its actions are in conformity with the terms of these Land Development Regulations may reverse or affirm, wholly or partly, or may modify the order, requirement, or decision, or determination appealed from and may make such order, requirements, decision, or determination as ought to be made, and to that end shall have powers of the Chief Building Official from whom the appeal is taken.

(3)

The Board has the authority to take action on duly filed appeals with respect to the action of the Chief Building Official concerning interpretation, administration, or enforcement of the following: [Added by Ord. 47-07 10/16/07]

(a)

Building Code, Article 7.1, except Sections 7.1.5 through 7.1.7;

(b)

Electrical Code, Article 7.2;

(c)

Gas Code, Article 7.3;

(d)

Housing code, Article 7.4;

(e)

Mechanical Code, Article 7.5;

(f)

Plumbing code, Article 7.6;

(g)

Elimination or Repair of Unsafe Buildings, Article 7.8;

(h)

Moving of Building, Article 7.10.

(4)

The Board hereby has the authority to grant variances and hear appeals from the provisions of: [Amd. Ord. 36-07 9/18/07]

(a)

The General Development Standards set forth in Section 4.3.

(b)

Regulations found in the Flood Damage Control Overlay District, Chapter 10. (Ord. No. 37-17 , § 4, 11-7-17)

(c)

The supplemental district regulations (Article 4.6) except where said authority is expressly prohibited or granted to others.

(d)

Fire Prevention Codes, Chapter 96 of The City Code, per Section 96.06.

(e)

"District Regulations and Incentives" in Section I of the Beach Property Owners Design Manual for North Beach and Seagate Neighborhoods as set forth in Section 4.5.13. [Amd. Ord. 36-07 9/18/07]

(5)

The Board has the authority to grant variances to the Noise Code pursuant to City Code Section 99.30.

(6)

The Board shall be prohibited from considering: [Amd. Ord. 47-07 10/16/07]

(a)

Use variances,

(b)

architectural elevations,

(c)

landscaping plans,

(d)

Variances for signs and signage,

(e)

Any variance action within a designated Historic Preservation District or upon a Historic Site, and

(f)

Variances to height regulations.

(7)

To provide "good offices" and assistance to other governmental boards, commissions, and committees in the fulfillment of goals, objectives, and policies of the Comprehensive Plan.

(8)

All decisions of the Board of Adjustment are final. Any person or persons, or any Board, Taxpayer, Department, Board, or Bureau of the City may aggrieve any decision of the Board of Adjustment and may seek review of such decision in the Circuit Court of Palm Beach County. [Amd. Ord. 53-91 8/27/91]