34-89 ORDINkNCE NO. 34-89
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING TITLE 17, "LAND
USAGE", CEAPTER 172, "ZONING CODE", OF THE CODE OF
ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY
ENACTING SECTION 173.921, "CONGRESS AVENUE WIDENING
D~;ELOPME~ REGULATIONS"; PROVIDING A MECHANISM TO
LE$SF~ THE IMPACT OF THE CONGRESS AVE/~UE WIDENING
PROJECT ON EXISTING DEVELOPMENT; PROVIDING CRITERIA
FOR ELIGIBLE PROPERTIES; PROVIDING POWER FOR THE
PLANNING AND ZONING BOARD TO GRANT CERTAIN VARI-
ANCES; PROVIDING THAT THIS ORDINANCE SHALL HAVE NO
EFFECT BEYOND A CERTAIN DATE; PROVIDING A REPEALER
CLAUSE; PROVIDING A RAVINGS CLAUSE; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, a unique situation has been created by the widening
of Congress Avenue, a County Minor Arterial roadway, in which the
property has been taken for right-of-way purposes, said taking involving
previously developed property; and,
WHEREAS, in many instances, the taking of right-of-way has
created nonconforming site development situations which upon redevelop-
ment or consideration of additional conditional uses are to be made
conforming; and,
WHEREAS, the nature of potential redevelopment is such that
some of the newly created nonconforming situations may need to remain,
to some degree, in order to property accommodate competing needs of the
general health, safety, and welfare of the public; and,
WHEREAS, the variance procedures through the Board of Adjust-
ment, pursuant to Section 173.917, is inadequate to deal with these
conditions in a uniform and expeditious manner.
NOW, THEREFORE, BE IT ORDAINED BY ?6E CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Title 17, "Land Usage", Chapter 173, "Zoning
Code", of the Code of Ordinances of the City of Delray Beach, Florida,
is hereby amended by enacting a Section 173.921, "Congress Avenue
Widening Development Regulations" to read as follows:
Chapter 173.921 Congress Avenue Widening Development Regulations
(A) Purpose.
The City Commission has determined that the widening of
Congress from two to six lanes in the years 1988 and 1989 has
created unusual impacts upon previously developed properties and
that in order to provide a vehicle for the equitable and efficient
processing and approval of development orders, it is necessary and
appropriate to establish a special land use review and approval
procedure for such impacted properties.
(B) Identification and Criteria for Eligible Properties:
(1) Location Criteria: The provisions of this ordinance
shall be applicable to any property, the boundaries of which were
impacted by a taking or right-of-way or by physical improvements,
associated with the widening of Congress Avenue as undertaken by
Palm Beach County in the calendar years of 1988 and 1989; and which
meet the other eligibility criteria of this section.
(2) Impact Prerequisite: The property must have been im-
pacted by the widening project in such a way as to have created a
nonconforming situation or to have made an existing nonconforming
situation greater. The provisions of this Chapter shall not apply
to the following:
a. Establishment or continuation of uses;
b. Property which was vacant and which is proposed for new
development;
c. Property which will be totally redeveloped through the
removal of existing improvements and the construction of
new facilities and improvements. For the purpose of this
section, "totally redeveloped" shall mean that demolition
or removal of existing improvements shall be of a value
equate to or greater than 50% of their value prior to
demolition or removal.
d. Variances or development review for modification to
existing structures which do not involve a nonconforming
situation.
(C) Special Review Process.
(1) Expanded Powers to the Planning and Zoning Board: For
property eligible -under this section, the Planning and Zoning Board
shall exercise the following powers and authority in-lieu of the
Board of Adjustment and the Community Appearance Board:
a. 173.916(G)(2) Power to Grant Variances
b. 173.917 Variances
c. 152.40 Criteria for Community Appearance Board Action
d. 152.15 through 152.25, inclusive, Community Appearance
supplemental criteria and procedural rules
e. 159.01 through 159.33, ~nclusive, Landscaping
(2) Combination of Review Procedures: Whenever review is
permitted or required by the Plarnning ~nd Zoning Board, pursuant to this
Chapter, said review shall be combined with the "Site and Development
Plan Approval" procedures of Section 173.86. However, individual
application forms, submittal materials, and processing fees as required
for Board of Adjustment and Community Appearance Board review and action
are required and shall be provided concurrent with the site and develop-
ment plan application.
(D) Sunset Provisions:
Unless extended by action of the City Commission through modifica-
tion of this section, the provision of this section shall become
void on June 1, 1994.
Section 2. That all ordinances or parts of ordinances which
are in conflict herewith are hereby repealed.
Section 3. 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 or the remainder hereof as a
whole or part thereof other than the part declared to be invalid.
Section 4o That this ordinance shall become effective ten
(10) days after its passage on second and final reading.
2 ORD. NO. 34-89
PASSED ~ND ADOPTED in regular session on second and final
reading on this the 23rd day of Ma~~~~
MAYOR
ATTEST:
First Reading May 9, 1989 ,
Second Reading May 23~ 1989
3 ORD. NO. Z4--89