Ord 36-08ORDINANCE NO.36-08
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AMENDING THE
LAND DEVELOPMENT REGULATIONS OF THE CODE OF
ORDINANCES, BY AMENDING SECTION 1.3.8
"RECONSTRUCTION NECESSITATED BY AN ACT OF
GOD", SUBSECTION (A) TO PROVIDE FOR THE ABILITY
TO REBUILD IN ADDITIONAL CIRCUMSTANCES, IN THE
EVENT OF AN ACT OF GOD; PROVIDING A SAVING
CLAUSE, A GENERAL REPEALER. CLAUSE, AND AN
EFFECTIVE DATE.
WHEREAS, pursuant to LDR Section 1.1.6, the Planning and Zoning Board reviewed the
proposed text amendment at a public hearing held on July 21, 2008, and voted 4 to 0 to
recommend that the changes be approved; and
WHEREAS, pursuant to Florida Statute 163.3174(4)(c), the Planning and Zoning Board,
sitting as the Local Planning Agency, has determined that the change is consistent with and
furthers the goals, objectives and policies of the Comprehensive Plan; and
WHEREAS, the City Commission of the City of Delray Beach adopts the findings in the
Planning and Zoning Staff Report; and
WHEREAS, the City Commission of the City of Delray Beach finds the ordinance is
consistent with the Comprehensive Plan.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the recitations set forth above are incorporated herein.
Section 2. That Section 1.3.8, "Reconstruction Necessitated by An Act of God"
Subsection (A) of the Land Development Regulations of the Code of Ordinances of the City of
Delray Beach, Florida, be and the same is hereby amended to read as follows:
(A) If a lawful nonconforming residential or commercial structure is damaged, or
destroyed by an Act of God (the event), the owner shall be permitted to rebuild the structure in
accordance with the use and number of units and square footage permitted by the certificate of
occupancy in existence prior to the occurrence of the event. Where necessary, in order to
accommodate the use or the same number of such units, structures maybe reconstructed to heights
previously established on building permit plans approved prior to the occurrence of the event. All
rebuilding shall comply with fire and building codes in effect at the time of reconstruction and
shall comply to the greatest extent possible with applicable provisions of the Land Development
Regulations.
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 of the remainder hereof as a whole or part thereof other
than the part declared to be invalid.
Section 4. That all ordinances or parts of ordinances in conflict herewith be, and the
same are hereby repealed.
Section 5. That this ordinance shall become effective immediately upon its passage on
second and final reading.
\~ PASSED AND ADOPTED in regular session on second and final reading on this the
day of , 2008.
~~~
~0~.
MAYOR
ATTEST
City Clerk
First Reading ~ ~ ~~
Second Reading ~ ~ ~~
ORD. NO. 36-08
MEMORANDUM
TO: Mayor and City Commissioners
FROM: David T. Harden, City Manager
DATE: August 12, 2008
SUBJECT: AGENDA ITEM 10.A. -REGULAR COMMISSION MEETING OF AUGUST 19, 2008
ORDINANCE N0.36-08 (SECOND READING/SECOND PUBLIC HEARING)
ITEM BEFORE COMMISSION
This ordinance is before Commission for second reading and second public hearing for a City initiated
amendment to the Land Development Regulations (LDR) by amending Section 1.3.8, "Reconstruction
Necessitated by an Act of God", Subsection (A) to provide for the ability to rebuild the pre-existing
square footage as an additional circumstance in the event of destruction by an act of God.
BACKGROUND
At the first reading on August 5, 2008, the Commission passed Ordinance No. 36-08.
RECOMMENDATION
Recommend approval of Ordinance No. 36-08 on second and final reading.
MEMORANDUM
TO: Mayor and City Commissioners
FROM: Mark McDonnell, AICP, Assistant Director of Planning & Zoning
Paul Dorling, AICP, Director of Planning & Zoning
THROUGH: David T. Harden, City Manager
DATE: July 30, 2008
SUBJECT: AGENDA ITEM 10.C. -REGULAR COMMISSION MEETING OF AUGUST 5 2008
ORDINANCE N0.36-08 (FIRST READING/FIRST PUBLIC HEARING)
ITEM BEFORE COMMISSION
Consideration of aCity-initiated amendment to the Land Development Regulations to rebuild in
additional circumstances, in the event of an act of God.
BACKGROUND
Current regulations allow residential and commercial structures that have been destroyed by an Act of
God (the event), to be rebuilt in accordance with the use and number of units permitted by their
respective certificates of occupancy in existence prior to the event. Such rebuilding is required to
comply with applicable provisions of the Land Development Regulations to the greatest extent possible.
The proposed ordinance adds the term square footage to clarify that the structure's square footage figure
permitted by the certificate of occupancy is also recognized as rebuildable in circumstances involving
an act of God.
REVIEW BY OTHERS
The text amendment was considered by the Planning and Zoning Board on July 21, 2008. The Board
unanimously recommended approval on a 4 to 0 vote, by adopting the findings of fact and law
contained in the staff report and finding that the amendment is consistent with the Comprehensive Plan
and meets criteria set forth in Section 2.4.5(M) of the Land Development Regulations.
RECOMMENDATION
By motion, approve on first reading Ordinance No. 36-08 for aCity-initiated amendment to the Land
Development Regulations as reflected in the attached ordinance, by adopting the findings of fact and
law contained in the staff report and finding that the amendment is consistent with the Comprehensive
Plan and meets criteria set forth in Section 2.4.5(M) of the Land Development Regulations.
ORDINANCE N0.36-08
AN ORDINANCE OF THE QTY COMMISSION OF THE
QTY OF DELRAY BEACH, FLORIDA, AMENDING THE
LAND DEVELOPMENT REGULATIONS OF THE CODE
OF ORDINANCES, BY AMENDING SECTION 1.3.8
"RECONSTRUCTION NECESSITATED BY AN ACT OF
GOD", SUBSECTION (A) TO PROVIDE FOR THE ABILITY
TO REBUILD IN ADDITIONAL QRCUMSTANCES, IN THE
EVENT OF AN ACT OF GOD; PROVIDING A SAVING
CLAUSE, A GE NE RAL REPEALER CLAUSE, AND AN
EFFECTIVE DATE.
WHEREAS, pursuant to LDR Section 1.1.6, the Planning and Zorung Board reviewed the
proposed text amendment at a public hearing held on July 21, 2008, and voted 4 to 0 to recommend
that the changes be approved; and
WHEREAS, pursuant to Florida Statute 163.3174(4)(c), the Planning and Zoning Board,
sitting as the Local Planning Agency, has determined that the change is consistent with and furthers
the goals, objectives and policies of the Comprehensive Plan; and ; ,
WHEREAS, -the City Commission of the City of Delray Beach adopts the findings in the
Planning and Zoning Staff Report; and
WHEREAS, the City Commission of the City of Delray Beach finds the ordu~arrce is
consistent with the Comprehensive Plan.
NOW, THEREFORE, BE IT ORDAINED BY THE QTY COMNIISSION OF THE
QTY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the recitations set forth above are incorporated herein
Section 2. That Section 1.3.8, "Reconstruction Necessitated by An Act of God" Subsection
(A) of the Land Development Regulations of the Code of Ordinances of the City of Delray Beach,
Florida, be and the same is hereby amended to read as follows:.
(A) If a lawful nonconforming residential or commercial structure is damaged or
destroyed by an Act of God (the event), the owner shall be permitted to rebuild the structure in
accordance with the use and number of units and square footage permitted by the certificate of
occupancy in existence prior to the occurrence of the event. Where necessary, in order to
accommodate the use or the same number of such units, structures maybe reconstnzcted to heights
previously established on building permit plans approved prior to the occurrence of the event. All
rebuilding shall comply with fire and building codes in effect at the time of reconstr~tion and shall
comply to the greatest extent possible with applicable provisions of the Land Development
Regulations.
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 of the remainder hereof as a whole or part thereof other than the
part declared to be invalid
Section 4. That all ordinances or parts of ordinances in conflict herewith be, and the same
are hereby repealed
Section 5. That this ordinance shall become effective imrr~ediately upon its passage on
second and final reading.
PASSED AND ADOPTED in regular session on second and final reading on this the
day of , 2008.
ATTEST
City Clerk
First Readnnf;
Second Reading
MAYOR
ORD. NO. 36-08
PLANNING AND ZONING BOARD STAFF REPORT
MEETING DATE: JULY 21, 2008
AGENDA NO: IV.F.
AGENDA ITEM: CONSIDERATION OF ACITY-INITIATED AMENDMENT TO THE LAND
DEVELOPMENT REGULATIONS (LDR), AMENDING SECTION 1.3.8,
"RECONSTRUCTION NECESSITATED BY AN ACT OF GOD", TO
PROVIDE FOR THE ABILITY TO REBUILD IN ADDITIONAL
CIRCUMSTANCES IN THE EVENT OF AN ACT OF GOD.
ITEM BEFORE THE BOARD
The item before the Board is to make a recommendation to the City Commission regarding acity-
initiated amendment to Land Development Regulations (LDRs) that allows reconstruction
necessitated by an act of God.
Pursuant 'to Section 1.1.6, an amendment to the text of the Land Development Regulations may
not be made until a recommendation is obtained from the Planning and Zoning Board.
BACKGROUND/ANALYSIS
Current regulations allow residential and commercial structures that have been destroyed by an
Act of God (the event), to be rebuilt in accordance with the use and number of units permitted by
their respective certificates of occupancv in existence prior to the event. Such rebuilding is
required to comply with applicable provisions of the Land Development Regulations to the greatest
extent possible.
The proposed ordinance adds the term square footage to clarify that the structure square footage
figure permitted by the certificate of occupancy is also recognized as rebuildable in circumstances
involving an act of God.
REQUIRED FINDINGS
Comprehensive Plan Conformance
LDR Section 2.4.5(M)(5) (Findings) requires that the City Commission make a finding that the text
amendment is consistent with and furthers the Goals, Objectives and Policies of the
Comprehensive Plan. Relevant sections of the Comprehensive Plan are cited below:
Policv D-3.2 The long range redevelopment portion shall provide for land use and character of
development which presently exists except that the height of reconstructed buildings shall be
limited to the then current height regulations of the City, except as provided in Policy C-3.5.
Policv C-3.5 Whenever a commercial, residential, hotel, motel, or resort dwelling unit structure is
destroyed to an extent of greater than 50% of its value by disaster, the structure may be rebuilt to
pre-disaster use, densities and heights if permit applications are submitted within one year
following the disaster. Current fire and building codes shall be met; current parking, building
setbacks, and landscape requirements shall be complied with as closely as possible. For
Planning and Zoning Board Meeting, July 21, 2008
LDR Amendment -Act of God
purposes of this policy, disaster means any non-self imposed catastrophic damage including, but
not limited to, fire, flood and storm. Revised by Amendment 07-1]
Proposed ordinance additional language to include the term "square footage" further clarifies that
the square footage area will be recognized and rebuildable in the event of an Act of God. This
provision continues to be consistent with the Comprehensive Plan.
REVIEW BY OTHERS
Courtesy Notices
Courtesy notices were provided to the following homeowner and civic associations:
^ Neighborhood Advisory Council
Letters of objection and support, if any, will be provided at the Planning and Zoning Board meeting.
ALTERNATIVE ACTIONS
A. Continue with direction.
B. Move a recommendation of approval to the City Commission of the amendment to Land
Development Regulations, Section 1.3.8, "Reconstruction Necessitated by an Act of God,"
by adopting the findings of fact and law contained in the staff report, and finding that the text
amendment and approval thereof is consistent with the Comprehensive Plan and meets the
criteria set forth in LDR Section 2.4.5(M).
C. Move a recommendation of denial to the City Commission of the amendment to Land
Development Regulations, Section 1.3.8, "Reconstruction Necessitated by an Act of God,"
by adopting the findings of fact and law contained in the staff report, and finding that the text
amendment and approval thereof is not consistent with the Comprehensive Plan and does not
meet the criteria set forth in LDR Section 2.4.5(M) (motion to be made in the affirmative).
RECOMMENDED ACTION
Recommend approval of .the amendment to Land Development Regulations, Section 1.3.8,
"Reconstruction Necessitated by an Act of God," by adopting the findings of fact and law
contained in the staff report, and finding that the text amendment and approval thereof is
consistent with the Comprehensive Plan and meets the criteria set forth in LDR Section 2.4.5(M).
attachment:
^ proposed ordinance
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