Ord 23-12ORDINANCE NO. 23-12
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING THE LAND
DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY
BEACH, BY AMENDING SECTION 2.4.3, "SUBMISSION
REQUIREMENTS ", SUBSECTION (I), "FEES", PARAGRAPH (1),
"DEVELOPMENT APPLICATIONS" AND PARAGRAPH (3),
"PERMIT FEES "; AND SECTION 6.3.3, "SIDEWALK CAFE ",
SUBSECTION (A), "PERMIT AND FEES" TO PROVIDE FOR AN
INCREASE IN THE DEVELOPMENT APPLICATION AND
PERMIT FEES; 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 June 18, 2012, and voted 4 to 0 to recommend
that the changes be approved /denied; 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 funds 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 2.4.3, "Submission Requirements ", Subsection N, "Fees ",
Paragraph (1), "Development Applications" of the Land Development Regulations of the City of
Delray Beach, Florida, be and the same is hereby amended to read as follows:
Section 2.4.3 Submission Requirements
(K) Fees: Processing fees shall be collected for development applications. The fees shall be as
established herein and as modified by ordinance of the City Commission.
(1) Development Applications: The following fees shall be charged for development
applications. All fees are cumulative and separate unless otherwise indicated. Combined applications shall
provide multiple fees.
(a)
Comprehensive Plan Amendment
$
2,760
(b)
Review of a ADA /DRI
$
0
Modification of a DRI
$
0
(c)
Voluntary Annexation with Zoning
$
1,220
(4)
(d)
Rezoning of Land
$
2,100
(e)
Modification of a SAD Ordinance to add a use or uses
$
2,100
(�
Conditional Uses, New Application
$
1,655
Modification requiring Board Review
$
675
(g)
Master Plans
$
1,400
(1)
Master Plan Modification
(5)
(h)
Formal review of a Sketch Plan [Section 2.4.1(B)]
$
675
(i)
Similarity of Use
$
340
(j)
Site Plan Review:
Class I (Non- Impacting Modification)
$
200
Class II (Non - Impacting with Board Review)
$
400
Class III (Minor Modification)
$
610
(1)
Class IV (Major Modification)
$
1,010
(1)
Class V (New Submission)
$
1,400
(1)
(k)
Extension requests for a previous conditional use,
site plan or master development plan
(12)
Class I Site Plan Modification
$
65
Class II Site Plan Modification
$
130
Class III Site Plan Modification
$
305
Class IV Site Plan Modification
$
480
Class V Site Plan
$
675
Master Development Plan
$
675
Master Development Plan modification
(5)
Conditional Use
$
830
2 ORD. NO. 23 -12
Conditional Use Modification
Certificate of Appropriateness for Minor Development
Certificate of Appropriateness for Major Development
(1) Plats
Minor Subdivision
Major Subdivision
Plat Recording Fee
(m) Abandonments
Right -of -way
General Easements
Specific Easements
(n) Master Sign Program
(o) Variances
Board of Adjustment
Historic Preservation Board
(p) Formal interpretation by the Board of Adjustment
(per item)
(q) Certificate of Appropriateness by Board
Minor Development
Major Development
(r) Certificate of Appropriateness by Staff
(s) Request for Historic Designation
Request for Change of Historic Designation
or Classification
(t) Hearing before the Board of Adjustment (per item)
(u) Temporary Use Request involving City Commission
Action
(v) Water Service Agreement Request
- - without concurrent site plan
- - with concurrent site plan
(w) Land Development Regulations Text Change
(x) Waivers and Internal Adjustments
$ 340
$ 35
$ 295
$ 1,010 (1)
$ 2,020 (1)
(3)
$ 830
$ 410
$ 205
$ 170
$ 555
265
$ 70
(14)
$ 65 (2)
$ 585
$ 0 (13)
$ 65 (per property)
$ 65 (per property)
$ 70
$ 150
$ 150
$ 0
$ 1,655
$ 150 per request (6)
3 ORD. NO. 23 -12
(y) Appeals by Applicant
(z) Advertising
(aa) Zoning Verification Letter
Interpretation of existing LDRs
Requiring Research for Previous Development Activity
(bb) North Beach /Seagate and Ocean Neighborhood
Overlay District Review
$ 280 per request (7)
$ 375 (8)
(9)
$ 65
$ 140 plus $35 per hr in
excess of 2 hrs
$x;569 -1,610 (1)
(cc) Application Fee for In -Lieu Of and Public Parking Fee $ 255 (10)
Requests
(dd) Ad Valorem Tax Exemption
(Review Concurrent with COA Review) $ 0
Ad Valorem Tax Exemption
(Review after CO received for approved development) $ 65
(ee) Re- submittal Fee will be charged on the 3rd and $ 210 (15)
subsequent re- submittals
(ff Legal Review of Documents (per document) $ 160
(gg) Applicant's request for Postponement /Continuance
(per request) $ 80
(hh) Stand Alone Bars (per request) $ 55
(ii) Automatic Extension Requests (per Senate Bill 360) $ 105 (12)
Uj) Redevelopment Plan Modification $ 2,760
Section 3. That Section 2.4.3, "Submission Requirements ", Subsection (I), "Fees ",
Paragraph (3), "Permit Fees" of the Land Development Regulations of the City of Delray Beach,
Florida, be and the same is hereby, amended to read as follows:
Section 2.4.3 Submission Requirements
4 ORD. NO. 23 -12
(K) Fees: Processing fees shall be collected for development applications. The fees shall be as
established herein and as modified by ordinance of the City Commission
(3) Permit Fees: Fees associated with permits are applicable per the following. All fees are
cumulative and separate unless otherwise indicated. Combined applications shall provide multiple fees. No
permit fees are included in the imposition of application fees.
(a) Shrub Clearing Permit eee a e $100 and $40 20 for each additional acre above one acre
(b) Tree Removal Permit: $ 25 per tree
Where a tree has died due to natural causes including disease, lethal yellowing, freezing
temp., lightning and storms, or if the tree is of a prohibited species, there shall be no
permit fee even though inspection and permit requirements shall be met.
$ -0-
(c) Temporary Use, not requiring City $ 150
Commission action (e.g. Tents)
fe}(d) Work in the Public Right -of -way
} 4e Renewal /Extension of Permit
{( Signs and Signing
Application Fee
Minimum Permit Fee
Permit Fee, non - electric
Permit Fee, electric
Master Sign Permit Fee
Master Sign Permit Modification
requiring SPRAB action
Banner Permit
$ 15
$ 150
$ 25
$ 25.00
$2 $3/ sq. ft. /face
$20 Plus -$2 $33/ sq. ft. /face
150
75
$50 each
{h) fg� Permits for new buildings and additions which include all the following items:
1. Building Permit
2. Electrical Permit
3. Plumbing Permit
4. Mechanical Permit
5. Roofing Permit.
5 ORD. NO. 23 -12
For permit activity valued at $1,000 or less:
-- Minimum fee of $ 50
Plus: $ 30 per required inspection
-- Plus: $ 50 per reinspection (1)
Plus: $ 100 /each change of contractor
For permit activity valued at $1,001 or more:
-- Minimum fee of $ 50 and X28 —$ 22 per each additional $1,000 of value, or
fraction thereof
-- Plus: $ 50 per reinspection (1)
-- Plus: $ 100 /each change of contractor
Permits for miscellaneous items such as driveways, fences, reroofs, residential pools,
utility sheds, patios, sidewalks, landscaping, irrigation:
For permit activity valued at $1,000 or less:
-- Minimum fee of. $ 40
-- Plus: $ 30 per required inspection
-- Plus: $ 50 pet reinspection (1)
-- Plus: $ 100 /each change of contractor
For permit activity valued at $1,001 or more:
-- Minimum fee of $ 40 and $-W-L22 for each additional $1,000 of value or fraction
thereof
-- Plus: $ 50 per reinspection (1)
-- Plus: $ 100 /each change of contractor
{} Permits for sub trade work including, but not limited to:
1. Site work
2. Structural Pest Control
3. Underground Fuel Tanks
4. General Construction
5. Subcontracts for General Construction
6. Commercial Public Pool
For permit activity valued at $1,000 or less:
-- Minimum fee of $ 50
-- Plus: $ 30 per required inspection
-- Plus: $ 50 per reinspection (1)
-- Plus: $ 100 /each change of contractor
6 ORD. NO. 23 -12
For permit activity valued at $1,001 or more:
-- Minimum fee of $ 50
-- Plus: $48 S 42 for each $1,000 of value or fraction thereof
-- Plus: $ 50 per reinspection (1)
-- Plus: $ 100 /each change of contractor
*k 4� Moving of a building or structure: $ 400
{l} k Demolition of single family residence: $ 400 $150 for every 3.000 sq.
ft. or fraction thereof
Demolition of commercial structure: $ 250 for every 5,000 sq. ft. or fraction thereof
Demolition of commercial accessory building: $ 150 per building
Interior demolition for single family & commercial only; non - structural: $200
{ * jl Drilling or Driving a Potable well: $ 70
} �4 Change -out Permits: A change -out permit is for work by a sub -trade contractor or
qualified owner - builder which involves the repair or replacement of minor components.
Minor components include, but are not limited to, showers, sinks, water heaters, air -
conditioning condenser units, air - handlers, heat strips, minor duct repair, electrical fixtures,
electrical service upgrades, pool pumps, irrigation systems pumps and accessories, and
ceiling fans.
Value of less than $200: $ -0-
Value of $200 to $1,000: $ 50
Value greater than $1,000 per normal permit
{e�-4 Certificate of Occupancy:
-- $25 for single family & duplex
$50 for commercial & multi - family
— Conditional Certificates: $700
-ft5} 4o� Penalty for failing to call for a final inspection: $ 100
{q} pi Penalty where work is begun without a permit: Where work for which a permit is
required is started or proceeded with prior to obtaining said permit, the fees herein
specified shall be tripled. The payment of such triple fee shall not relieve any persons from
fully complying with the requirements of this code in the execution of the work, nor from
any other penalties prescribed herein.
{ } 4q� All service stations, grocery stores, kidney dialysis centers, pharmacies, residential
buildings with elevators, country clubs and /or clubhouses in residential communities shall
ORD. NO. 23 -12
be permitted to install generators and all appurtenances related to generators including fuel
storage areas and screening and all permit fees for installation shall be waived.
{s} W Construction Trailer/ Container: $250 each plus sub trade permits
{t} 4s, Sales Trailer: $750 each plus sub trade permits.
{u) 4t� Accessory Buildings:
Pre -Fab: Up to 36 sq. ft: $50 + $30 per required inspection
37 sq. ft. and above: $100 + $30 per required inspection
Site Built Up to 36 sq. ft.: $100 + $20 per required inspection
37 sq. ft. and above: $150 + $20 per required inspection
} Electrical Inspection of Unoccupied Property for Meter Installation:
Residential $250
Commercial $300
{ } fv Electrical "Temp for Test" 30 -day Power Release:
Up to 2,000 sq. ft.
2,000 sq. ft. to 5,000 sq. ft.
5,001 sq. ft. to 50,000 sq. ft.
50,001 sq. ft. and over
{ *_(w Flood Zone Determination
fy} x Foundation Only Permit
$100
$150
$200
$300
$25 per property
$1,200 single family
$2,000 multi - family
$3,000 commercial
{bb) -W Early Submission Fee $200 each
(pre- certified site plan)
{e} ) Lost/Replacement Plans $150 plus printing costs
(dd) Mediestl Gas i3s e ft $80iminm .xn n/esc i
{ee} (aa Custom Bathtub Inspection $ 200 $ 50 per inspection
} bb Open Permit /Property Search $15 per request
8 ORD. NO. 23 -12
{gg) cc Overtime Inspections
ft
(dd) Engineer Letter or Affidavit
J* (ee) Stocking Permit
$100 /hr (4 hr minimum)
$ 50 per inspection
$ 100 final inspection
250
(fo Liquor License Review - Business $ 100 per Application
- Special Event $ 25 per Application
Section 4. That Section 6.3.3, "Sidewalk Cafe ", Subsection (A), "Permit and Fees" of the
Land Development Regulations of the City of Delray Beach, Florida, be and the same is hereby
amended to read as follows:
Section 6.3.3. Sidewalk Cafe
(A) Permit and Fees: It shall be unlawful for any person to establish a sidewalk cafe at any site
unless a valid permit to operate a sidewalk cafe has been obtained for that site, from the City pursuant to this
Section. The permit shall be issued on a form provided by the City of Delray Beach. No permit shall be
issued until all the requirements of this Section have been met. Permits shall not be transferable.
(1) Each permit shall be effective for one year, from July 1 st until June 30th. Any new
permit application received after July 1 st until December 31 st will pay the full cost of the permit fee and the
permit shall expire June 30th of the following year. Any new permit application received after December 31st
will pay one -half of the cost of the permit fee and the permit shall expire June 30th of the same year.
(2) The sidewalk cafe application fee is one hundred fifty dollars ($150.00). The permit
fee is S/1.50 $4.75 per square foot of approved sidewalk cafe space.
(3) Renewals of a Sidewalk cafe permit and payment of fees must be submitted and
approved on or before July 1" of each year.
(4) Late Renewal Fee: If a renewal payment is not submitted by July 1st, it shall be
considered late and subject to a late fee of ten - percent (10 %), plus an additional five- percent (5 %) late fee if
payment is not received by the first of each month thereafter until paid, provided that the total fee shall not
exceed twenty- percent (20 %). If a renewal payment is not submitted by July 1st, the City has the right to
immediately cancel the Sidewalk Cafe permit upon written notice to the permit holder.
Section 5. 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
9 ORD. NO. 23 -12
part declared to be invalid.
Section 6. That all ordinances or parts of ordinances in conflict herewith be, and the same
are hereby repealed.
Section 7. That this ordinance shall become effective immediately upon its passage on
second and final reading.
PASSED AND ADOPTED in regular session on sec d and final readin n this the
'114
day of
`cQS04
ATTEST M JWR
First Readin
Second Readin �P /Z
10 ORD. NO. 23 -12
Coversheet
MEMORANDUM
TO: Mayor and City Commissioners
FROM: David T. Harden, City Manager
DATE: July 19, 2012
SUBJECT: AGENDA ITEM 10.E. -REGULAR COMMISSION MEETING OF AUGUST 7.2012
ORDINANCE NO. 23-12
ITEM BEFORE COMMISSION
Page 1 of 1
This ordinance is before Commission for second reading to consider a city - initiated amendments to the
Land Development Regulations (LDR) Section 2.4.3(K)(1), "Development Applications "; Section 2.4.3
(K)(3), "Permit Fees ", and Section 6.3.3, "Sidewalk Cafe ", Subsection 6.3.3(A), "Permit and Fees ", to
provide for an increase in certain development application and permit fees and increasing the permit fee
assessed per square foot of approved sidewalk caf6 space.
BACKGROUND
At the first reading on July 5, 2012, the Commission passed Ordinance No. 23 -12.
RECOMMENDATION
Recommend approval of Ordinance No. 23 -12 on second and final reading.
http:// itwebapp /AgendaIntranetBluesheet .aspx ?ItemlD = 5796 &MeetingID =3 84 8/9/2012
ORDINANCE NO. 23-12
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING THE LAND
DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY
BEACH, BY AMENDING SECTION 2.4.3, "SUBMISSION
REQUIREMENTS ", SUBSECTION (Iq, "FEES ", PARAGRAPH (1),
"DEVELOPMENT APPLICATIONS" AND PARAGRAPH (3),
"PERMIT FEES "; AND SECTION 6.3.3, "SIDEWALK CAFE ",
SUBSECTION (A), "PERMIT AND FEES" TO PROVIDE FOR AN
INCREASE IN THE DEVELOPMENT APPLICATION AND
PERMIT FEES; 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 June 18, 2012, and voted 4 to 0 to recommend
that the changes be approved /denied; 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 2.4.3, "Submission Requirements ", Subsection (I), "Fees ",
Paragraph (1), "Development Applications" of the Land Development Regulations of the City of
Delray Beach, Florida, be and the same is hereby amended to read as follows:
Section 2.4.3 Submission Requirements
N Fees: Processing fees shall be collected for development applications. The fees shall be as
established herein and as modified by ordinance of the City Commission.
(1) Development Applications: The following fees shall be charged for development
applications. All fees are cumulative and separate unless otherwise indicated. Combined applications shall
provide multiple fees.
(a)
Comprehensive Plan Amendment
$
2,760
(b)
Review of a ADA /DRI
$
0
Class III (Minor Modification)
Modification of a DRI
$
0
(c)
Voluntary Annexation with Zoning
$
1,220 (4)
(d)
Rezoning of Land
$
2,100
(e)
Modification of a SAD Ordinance to add a use or uses
$
2,100
(fl
Conditional Uses, New Application
$
1,655
Class I Site Plan Modification
Modification requiring Board Review
$
675
{g)
Master Plans
$
1,400 (1)
Class III Site Plan Modification
Master Plan Modification
305
(5)
(h)
Formal review of a Sketch Plan [Section 2.4.1(B)]
$
675
(i)
Similarity of Use
$
340
(j) Site Plan Review:
Class I (Non- Impacting Modification)
$
200
Class II (Non - Impacting with Board Review)
$
400
Class III (Minor Modification)
$
610
(1)
Class IV (Major Modification)
$
1,010
(1)
Class V (New Submission)
$
1,400
(1)
(k) Extension requests for a previous conditional use,
site plan or master development plan
(12)
Class I Site Plan Modification
$
65
Class II Site Plan Modification
$
130
Class III Site Plan Modification
$
305
Class IV Site Plan Modification
$
480
Class V Site Plan
$
675
Master Development Plan
$
675
Master Development Plan modification
(5)
Conditional Use
$
830
2
ORD. NO. 23 -12
(v) Water Service Agreement Request
- - without concurrent site plan $ 150
- - with concurrent site plan $ 0
(w) Land Development Regulations Text Change $ 1,655
(x) Waivers and Internal Adjustments $ 150 per request (6)
3 ORD. NO. 23 -12
Conditional Use Modification
$
340
Certificate of Appropriateness for Minor Development
$
35
Certificate of Appropriateness for Major Development
$
295
(1)
Plats
Minor Subdivision
$
1,010
(1)
Major Subdivision
$
2,020
(1)
Plat Recording Fee
(3)
(m)
Abandonments
Right-of-way
$
830
General Easements
$
410
Specific Easements
$
205
(n)
Master Sign Program
$
170
(o)
Variances
Board of Adjustment
$
555
Historic Preservation Board
$
265
(p)
Formal interpretation by the Board of Adjustment
(per item)
$
70
(q)
Certificate of Appropriateness by Board
(14)
Minor Development
$
65
(2)
Major Development
$
585
(r)
Certificate of Appropriateness by Staff
$
0
(13)
(s)
Request for Historic Designation
$
65 (per property)
Request for Change of Historic Designation
or Classification
$
65 (per property)
(t)
Hearing before the Board of Adjustment (per item)
$
70
(u)
Temporary Use Request involving City Commission
$
150
Action
(v) Water Service Agreement Request
- - without concurrent site plan $ 150
- - with concurrent site plan $ 0
(w) Land Development Regulations Text Change $ 1,655
(x) Waivers and Internal Adjustments $ 150 per request (6)
3 ORD. NO. 23 -12
(y) Appeals by Applicant
(z) Advertising
(aa) Zoning Verification Letter
Interpretation of existing LDRs
Requiring Research for Previous Development Activity
(bb) North Beach /Seagate and Ocean Neighborhood
Overlay District Review
(cc) Application Fee for In -Lieu Of and Public Parking Fee
Requests
(dd) Ad Valorem Tax Exemption
(Review Concurrent with COA Review)
Ad Valorem Tax Exemption
(Review after CO received for approved development)
(ee) Re- submittal Fee will be charged on the 3rd and
subsequent re- submittals
(ff Legal Review of Documents (per document)
(gg) Applicant's request for Postponement /Continuance
(per request)
(hh) Stand Alone Bars (per request)
(ii) Automatic Extension Requests (per Senate Bill 360)
$ 280 per request (7)
$ 375 (8)
(9)
$ 65
$ 140 plus $35 per hr in
excess of 2 hrs
$4—,---6A -1610 (1)
$ 255 (10)
$ 0
$ 65
$ 210 (15)
$ 160
$ 80
$ 55
$ 105 (12)
6j) Redevelopment Plan Modification $ 2,760
Section 3. That Section 2.4.3, "Submission Requirements ", Subsection (1q, "Fees ",
Paragraph (3), "Permit Fees" of the Land Development Regulations of the City of Delray Beach,
Florida, be and the same is hereby amended to read as follows:
Section 2.4.3 Submission Requirements
4 ORD. NO. 23 -12
X) Fees: Processing fees shall be collected for development applications. The fees shall be as
established herein and as modified by ordinance of the City Commission
(3) Permit Fees: Fees associated with permits are applicable per the following. All fees are
cumulative and separate unless otherwise indicated. Combined applications shall provide multiple fees. No
permit fees are included in the imposition of application fees.
(a) Shrub Clearing Permit: one 2te $100 and $40 20 for each additional acre above one acre
(b) Tree Removal Permit: $ 25 per tree
Where a tree has died due to natural causes including disease, lethal yellowing, freezing
temp., lightning and storms, or if the tree is of a prohibited species, there shall be no
permit fee even though inspection and permit requirements shall be met.
$ -0-
(c) Temporary Use, not requiring City $ 150
Commission action (e.g. Tents)
(e)(d�
Work in the Public Right -of -way
{f}
Renewal /Extension of Permit
{g)74
Signs and Signing
Application Fee
Minimum Permit Fee
Permit Fee, non - electric
Permit Fee, electric
Master Sign Permit Fee
Master Sign Permit Modification
requiring SPRAB action
Banner Permit
$ 15
$ 150
$ 25
25.00
$?
$3/ sq. ft. /face
$20 Plus $2 3/ sq. ft. /face
150
75
$50 each
{k f4 Permits for new buildings and additions which include all the following items:
1. Building Permit
2. Electrical Permit
3. Plumbing Permit
4. Mechanical Permit
5. Roofing Permit
5 ORD. NO. 23 -12
For permit activity valued at $1,000 or less:
-- Minimum fee of $ 50
-- Plus: $ 30 per required inspection
-- Plus: $ 50 per reinspection (1)
-- Plus: $ 100 /each change of contractor
For permit activity valued at $1,001 or more:
-- Minimum fee of: $ 50 and $--W--L22 per each additional $1,000 of value, or
fraction thereof
-- Plus: $ 50 per reinspection (1)
Plus: $ 100 /each change of contractor
{i} jX Permits for miscellaneous items such as driveways, fences, reroofs, residential pools,
utility sheds, patios, sidewalks, landscaping, irrigation:
For permit activity valued at $1,000 or less:
-- Minimum fee of $ 40
-- Plus: $ 30 per required inspection
-- Plus: $ 50 per reinspection (1)
-- Plus: $ 100 /each change of contractor
For permit activity valued at $1,001 or more:
-- Minimum fee of $ 40 and $-020-L22 for each additional $1,000 of value or fraction
thereof
-- Plus: $ 50 per reinspection (1)
-- Plus: $ 100 /each change of contractor
Permits for sub trade work including, but not limited to:
1. Site work
2. Structural Pest Control
3. Underground Fuel Tanks
4. General Construction
5. Subcontracts for General Construction
6. Commercial Public Pool
For permit activity- valued at $1,000 or less:
-- Minimum fee of. $ 50
-- Plus: $ 30 per required inspection
-- Plus: $ 50 per reinspection (1)
-- Plus: $ 100 /each change of contractor
6 ORD. NO. 23 -12
For permit activity valued at $1,001 or more:
-- Minimum fee of $ 50
-- Plus: x$40 S 42 for each $1,000 of value or fraction thereof
-- Plus: $ 50 per reinspection (1)
-- Plus: $ 100 /each change of contractor
{kjZ Moving of a building or structure: $ 400
�l} kX Demolition of single family residence: $100 $150 for every 3.000 sQ.
ft. or fraction thereof
Demolition of commercial structure: $ 250 for every 5,000 sq. ft. or fraction thereof
Demolition of commercial accessory building: $ 150 per building
Interior demolition for single family & commercial only; non - structural: $200
{ * lid- Drilling or Driving a Potable well: $ 70
{�4o2� Change -out Permits: A change -out permit is for work by a sub -trade contractor or
qualified owner - builder which involves the repair or replacement of minor components.
Minor components include, but are not limited to, showers, sinks, water heaters, air -
conditioning condenser units, air- handlers, heat strips, minor duct repair, electrical fixtures,
electrical service upgrades, pool pumps, irrigation systems pumps and accessories, and
ceiling fans.
Value of less than $200: $ -0-
Value of $200 to $1,000: $ 50
Value greater than $1,000 per normal permit
{a}412, Certificate of Occupancy:
— $25 for single family & duplex
— $50 for commercial & multi - family
— Conditional Certificates: $700
-�p} 4o - Penalty for failing to call for a final inspection: $ 100
{�} 4p� Penalty where work is begun without a permit: Where work for which a permit is
required is started or proceeded with prior to obtaining said permit, the fees herein
specified shall be tripled. The payment of such triple fee shall not relieve any persons from
fully complying with the requirements of this code in the execution of the work, not from
any other penalties prescribed herein.
} 4q� All service stations, grocery stores, kidney dialysis centers, pharmacies, residential
buildings with elevators, country clubs and /or clubhouses in residential communities shall
ORD. NO. 23 -12
be permitted to install generators and all appurtenances related to generators including fuel
storage areas and screening and all permit fees for installation shall be waived.
(.$) j4 Construction Trailer/ Container: $250 each plus sub trade permits
{� 41 Sales Trailer: $750 each plus sub trade permits.
{� Q Accessory Buildings:
Pre -Fab: Up to 36 sq. ft: $50 + $30 per required inspection
37 sq. ft. and above: $100 + $30 per required inspection
Site Built: Up to 36 sq. ft.: $100 + $20 per required inspection
37 sq. ft. and above: $150 + $20 per required inspection
{� 41i� Electrical Inspection of Unoccupied Property for Meter Installation:
Residential $250
Commercial $300
{*} 44 Electrical "Temp for Test" 30 -day Power Release:
Up to 2,000 sq. ft.
$100
2,000 sq. ft. to 5,000 sq. ft.
$150
5,001 sq. ft. to 50,000 sq. ft.
$200
50,001 sq. ft. and over
$300
Flood Zone Determination
$25 per property
{y} x Foundation Only Permit $1,200 single family
$2,000 multi- family
$3,000 commercial
$500 _ _:_i
$350 _i
{bb W Early Submission Fee $200 each
(pre- certified site plan)
fee)_44 Lost /Replacement Plans $150 plus printing costs
{ee} (aa Custom Bathtub Inspection $ 2nom $ 50 per inspection
fff} lLbb , Open Permit /Property Search $15 per request
8 ORD. NO. 23 -12
{gg} cc Overtime Inspections $100 /hr (4 hr minimum)
dd) Engineer Letter or Affidavit $ 50 per inspection
S 100 final inspection
j} (ee) Stocking Permit 250
Liquor License Review - Business S 100 per Application
- Special Event $ 25 per Application
Section 4. That Section 6.3.3, "Sidewalk Cafe ", Subsection (A), "Permit and Fees" of the
Land Development Regulations of the City of Delray Beach, Florida, be and the same is hereby
amended to read as follows:
Section 6.3.3. Sidewalk Cafe
(A) Permit and Fees: It shall be unlawful for any person to establish a sidewalk cafe at any site
unless a valid permit to operate a sidewalk cafe has been obtained for that site, from the City pursuant to this
Section. The permit shall be issued on a form provided by the City of Delray Beach. No permit shall be
issued until all the requirements of this Section have been met. Permits shall not be transferable.
(1) Each permit shall be effective for one year, from July 1st until June 30th. Any new
permit application received after July 1st until December 31st will pay the full cost of the permit fee and the
permit shall expire June 30th of the following year. Any new permit application received after December 31 st
will pay one -half of the cost of the permit fee and the permit shall expire June 30th of the same year.
(2) The sidewalk cafe application fee is one hundred fifty dollars ($150.00). Tlie permit
fee is 44:50 $4.75 per square foot of approved sidewalk cafe space.
(3) Renewals of a Sidewalk cafe permit and payment of fees must be submitted and
approved on or before July 1" of each year.
(4) Late Renewal Fee: If a renewal payment is not submitted by July 1st, it shall be
considered late and subject to a late fee of ten - percent (10 %), plus an additional five - percent (5 %) late fee if
payment is not received by the first of each month thereafter until paid, provided that the total fee shall not
exceed twenty- percent (20 %). If a renewal payment is not submitted by July 1st, the City has the right to
immediately cancel the Sidewalk Cafe permit upon written notice to the permit holder.
Section 5. 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
ORD. NO. 23 -12
part declared to be invalid.
Section 6. That all ordinances or parts of ordinances in conflict herewith be, and the same
are hereby repealed.
Section 7. 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 , 201_.
ATTEST
City Clerk
First Reading
Second Reading
M FEW • 1
10 ORD. NO. 23 -12
Coversheet
MEMORANDUM
TO: Mayor and City Commissioners
FROM: Jasmin Allen, Planner
Paul Dorling, AICP, Director of Planning and Zoning
THROUGH: City Manager
DATE: June 26, 2012
SUBJECT: AGENDA ITEM 12.D. -REGULAR COMMISSION MEETING OF JULY 5, 2012
ORDINANCE NO. 23-12
Page 1 of 2
ITEM BEFORE COMMISSION
Consideration of a City - initiated amendment to the Land Development Regulation Section 2.4.3 (K)(1)
&(3) which outlines the current fee schedules for "Development Applications" and "Permit Fees" as
well as Section 6.3.3(A) "Permit and Fees" for Sidewalk Cafes.
BACKGROUND
The proposed changes to LDR Section 2.4.3(K)(1) "Development Application Fees' increases the
Beach Overlay Review fee from $1,560 to $1,610 to accommodate an increase in the annual renewal of
the contract agreement with "Urban Design Kilday Studios" which has been increased by $50.00 from
$950 to $1,000 as well as to create a new fee for modifications to approved Redevelopment Plans.
Beach overlay review encompasses both internal City review as well as an external review by "Urban
Design Kilday Studios". The $1,610 fee is collected by the City, $1,000 is directly passed through to
Urban Design Kilday Studios (UDKS) and the City retains the additional $610 in fees for their internal
review.
While the creation of a Redevelopment Plan is prepared by City staff, once adopted, modifications to
address a specific development proposal are sometimes requested by individual property owners. Such
requests involve considerable staff input that includes comparative analysis of land uses, traffic data,
development intensities and concurrency evaluation. Such analysis is often akin to the review of a
comprehensive plan amendment requiring the preparation of a report to the Planning and Zoning Board
and the City Commission. As such a fee of $2,760 is proposed.
The amendment also proposes the creation of new building permit fees as well as modifications to
certain existing permit fees. The most recent increases in pen-nit fees occurred in September 2009. The
proposed fees are based on a comparative analysis of several municipalities including Boca Raton,
Boynton Beach, Palm Beach Gardens, Deerfield Beach, Pompano Beach, West Palm Beach and Palm
Beach County. Comparatively, the proposed fees are slightly above the mid -range averages of the
http:// itwebapp/ Agendalntranct /Bluesheet.aspx ?Item1D= 5729 &MeetinglD =381 7/19/2012
Coversheet
municipalities surveyed.
Page 2 of 2
Finally, the amendment proposes increasing the sidewalk application fee from $4.50 per square foot to $4.75
per square foot of approved sidewalk cafd space. Additional background and analysis is provided in the
attached Planning & Zoning Board Staff Report.
REVIEW BY OTHERS
The text amendment was considered by the Planning and Zoning Board on June 18, 2012. No one from
the public spoke on the issue. The Board 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 23 -12 for a City initiated amendment to the Land
Development Regulations Section 2.4.3(K)(1) &(3) and Section 6.3.3(A) regarding proposed increases
to certain Development Applications and Permit Fees and increasing the permit fee assessed per square
foot of approved sidewalk cafd space by adopting the findings of fact and law contained in the staff
report and finding that the request is consistent with the Comprehensive Plan and meets criteria set
forth in Section 2.4.5(M) of the Land Development Regulations.
Attachments:
Ordinance No. 23 -12
Planning and Zoning Board Staff Report of June 18, 2012
http: // itwebapp /AgendalntranetBluesheet .aspx ?ItemID = 5729 &MeetinglD =381 7/19/2012
Proposed Permit Fee - Comparative Analysis
Based upon our review, the building permit fee on a $200,000 single family
home would be as follows:
Delray Beach $4,030
Boca Raton $4,767
Boynton Beach $4,600
Deerfield Beach $3,020
Palm Beach County $2,850
Palm Beach Gardens $2,970
Pompano Beach $5,200
West Palm Beach $4,275