Ord 62-04
, ,
ORDINANCE NO. 62-04
AN ORDINANCE OF THE CITI COMMISSION OF THE CITI
OF DELRA Y BEACH, FLORIDA, AMENDING THE LAND
DEVELOPMENT REGULATIONS OF THE CODE OF
ORDINANCES OF THE CI1Y OF DELRA Y BEACH, FLORIDA,
BY AMENDING ARTICLE 1.3, "NONCONFOlUvfING USES,
LOTS, AND STRUCTURES", SECTION 1.3.6, "REPAIRS AND
MAINTENANCE", TO ALLOW REPAIR AND MAINTENANCE
TO NONCONFORMING HISTORIC STRUCTURES TO
EXCEED THE ANNUAL MAXIMUM THRESHOLDS LISTED
FOR NONCONFORMING STRUCTURES; PROVIDING A
SAVINGS CLAUSE, A GENERAL REPEALER CLAUSE, AND
AN EFFECTIVE DATE.
WHEREAS, pursuant to LDR Section 1.1.6, the Plan~~and Zoning Board reviewed the
proposed text amendment at a public hearing held on \ \) \~ ~, and voted ì to.Q. 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 detennined that the change is consistent with and furthers
the goals, objectives and policies of the Comprehensive Plan.
NOW, THEREFORE, BE IT ORDAINED BY THE CITI COMMISSION OF THE
CITY OF DELRA Y BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Section 1.3.6, "Repairs and Maintenance", 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:
Section 1.3.6 Repairs and Maintena.nce:
(A) On any nonconfonning structure or on a structure containing a nonconfonning use, work may
be done on ordinary repairs, or on repair or replacement of fixtures, nonbearing walls,
plumbing, or wiring, provided the repair work does not exceed 10% of the current replacement
cost of the structure in any 12 month period. In addition, the Site Plan Review and Appearance
Board (SPRAB) or Historic Preservation Board (HPB) may approve extenor modifications to a
nonconforming structure or a structure containing a nonconforming use, provided the
modifications do not exceed 15% of the current replacement cost of the structure in any 12
month period. However. improvements to contributing structures within historic districts or to
individually hsted historic structures can exceed the established 10% interior and 15% exterior
maximum thresholds.
,
(B) If the Chief Building Official declares a nonconfonning structure or structure containing a
nonconfonning use to be unsafe or unlawful due to its physical condition, such structure shall
not be rebuilt, repaired, or restored, except in conformance with the requirements for the
zoning district in which it is located.
(C) Nothing herein shall prevent the strengthening or restoring to a safe condition, any building or
part thereof declared to be unsafe by the Chief Building Official.
Section 2. That should any section or provision of this ordinance or any portion
thereof, any paragraph, sentence, clause 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
hereof other than the part declared invalid.
Section 3. That all ordinances or parts of ordinances in conflict herewith be, and the
same are hereby repealed.
Section 4. That this ordinance shall become effective upon its passage on second and
final reading.
\~SED AND A~ regular session on second and final reading on this the
day of ..~, 2004.
ATTEST:
~~.Jt!J. ~\~~ ~Rl ~
--
City Clerk
First Reading \~~\\)~
" ... -
Second Reading \~u\~
2 ORD. NO. 62-04
MEMORANDUM
TO: MAYOR AND CITI COMMISSIONERS
FROM: CITI MANAGER orJ\,
SUBJECT: AGENDA ITEM # \O'Ç-- REGULAR MEETING OF NOVEMBER 16,2004
ORDINANCE NO. 62-04
DATE: NOVEMBER 12, 2004
This Ordinance is before City Commission for second reading and public hearing to amend Land
Development Regulations (LDR), 1.3.6(A) "Repairs and Maintenance" to allow repair and
maintenance to nonconfonning historic structures to exceed the annual maximum thresholds listed
for nonconfonning structures.
At the first reading on November 2, 2004, the Commission passed Ordinance No. 62-04.
Recommend approval of Ordinance No. 62-04 on second and final reading.
S \Clty Clerk\agenda memos.Ord 62.04 Repaus, Mamtenance of HIStone Structures 11.1604
-
0/\
oWj
I CITY COMMISSION DOCUMENTATION 1
TO: DAVIDF'~GER
THRU: PAUL ORLlNG, DIRECTO PLANN:G ~N~ ZO~ING,
FROM: ROBERT G. TEFFT, SENIOR PLANNER !..-¿rf)r ___f Þ
-, . I ..
SUBJECT: MEETING OF NOVEMBER 2, 2004
AMENDMENT TO LAND DEVELOPMENT REGULATIONS SECTION 1.3.6(A),
"REPAIRS AND MAINTENANCE", TO ALLOW REPAIR AND MAINTENANCE
TO NONCONFORMING HISTORIC STRUCTURES TO EXCEED THE ANNUAL
MAXIMUM THRESHOLDS LISTED FOR NONCONFORMING STRUCTURES.
I BACKGROUND I
During the course of reviewing recent development proposals within the City's historic districts,
staff has identified a concern with regard to the yearly limits to repair and maintenance placed
on nonconforming structures, particularly as it relates to contributing structures within historic
districts and individually listed historic structures. Additionally, the current code only notes that
the SPRAB can approve exterior modifications to a nonconforming structure; however external
modifications to structures within historic districts or to individually listed historic structures
outside the districts are approved by the Historic Preservation Board (HPB).
Since most renovations to contributing structures within historic districts and to individually listed
historic structures will exceed the existing percentage thresholds, the current code requirements
are counterproductive to these restoration efforts. A text amendment to LDR Section 1.3.6(A) is
proposed to add language that exempts contributing structures within historic districts and
individually listed historic structures from the yearly percentage thresholds, and to allow the
Historic Preservation Board (HPB) to approve exterior modifications to nonconforming
structures where appropriate.
Pursuant to LDR Section 2.4.5(M) (5), in addition to the provisions of LDR Section 1.1.6(A), the
City Commission must make a finding that the text amendment is consistent with and furthers
the Goals, Objectives and Policies of the Comprehensive Plan. The Comprehensive Plan has
been reviewed and the following is noted:
Future Land Use Element Obiective A-4: The redevelopment of land and buildings shall provide
for the preservation of historic resources.
Housina Element Obiective A-10: The City shall support the conservation and rehabilitation of
historically significant housing, especially where such housing is an identifying characteristic of
a particular neighborhood.
The exemption of contributing structures within historic districts and individually listed historic
structures from the yearly percentage thresholds will enable the City's existing historic
resources, which may be nonconforming, to be rehabilitated and preserved without the
restriction on improvement costs. Thus, the above referenced Comprehensive Plan objectives
will be furthered by the proposed amendment.
\~ß
City Commission Documentation
Meeting of November 2, 2004
LOR Text Amendment Regarding Repair and Maintenance of Nonconforming Historic Structures
Page 2
I PLANNING AND ZONING BOARD CONSIDERATION I
At its meeting of October 18, 2004, the Planning and Zoning Board held a public hearing in
conjunction with the proposed text amendment. After deliberation, the Board recommended
approval of the proposed text amendment on a vote of 7-0, by adopting the findings of fact and
law contained in the staff report, and finding that the request and approval thereof is consistent
with the Comprehensive Plan and meets criteria set forth in Sections 1.1.6(A) and 2.4.5(M) of
the Land Development Regulations.
I RECOMMENDED ACTION ,
Move approval on first reading of the amendment to LDR Section 1.3.6(A), by adopting the
findings of fact and law contained in the staff report, and finding that the request and approval
thereof is consistent with the Comprehensive Plan and meets criteria set forth in Sections
1.1.6(A) and 2.4.5(M) of the Land Development Regulations and set a public hearing date of
November 16, 2004.
Attachments: Planning and Zoning Board Staff Report of October 18, 2004; and Proposed Ordinance
--
DURAY BEACH DELRAY BEACH
~'_·Ä-~. PLANNING AND ZONING BOARD bië:d
1iir AI~_CIIy
MEMORANDUM STAFF REPORT 'IIII!
1993 1993
2001 2001
MEETING DATE: OCTOBER 18, 2004
AGENDA ITEM: IV. D. - AMENDMENT TO LAND DEVELOPMENT REGULATIONS SECTION
1.3.6(A), "REPAIRS AND MAINTENANCE", TO ALLOW REPAIR AND
MAINTENANCE TO NONCONFORMING HISTORIC STRUCTURES TO
EXCEED THE ANNUAL MAXIMUM THRESHOLDS LISTED FOR
NONCONFORMING STRUCTURES.
I ITEM BEFORE THE BOARD I
The item before the Board is that of making a recommendation to the City Commission regarding an
amendment to Land Development Regulations (LOR) Section 1.3.6(A) to allow repair and
maintenance to nonconforming historic structures to exceed the annual maximum thresholds listed for
nonconforming structures, pursuant to LOR Section 2.4.5(M).
Pursuant to LOR Section 1.1.6(A), the text of the LOR may from time to time be amended, changed,
supplemented, or repealed. No such action, however, shall be taken until a recommendation is
obtained from the Planning and Zoning Board and until a public hearing has been held by the City
Commission. Any such change shall be made by ordinance, pursuant to procedures found in LOR
Section 2.4.5(M).
I BACKGROUND AND ANALYSIS I
At its meeting of May 17, 1994, the City Commission approved on second reading a text amendment
to LOR Section 1.3.6(A), which established the current language on yearly percentage thresholds on
repair and maintenance of nonconforming structures. The text amendment established the twelve
(12) month timeframe and enabled the Site Plan Review and Appearance Board (SPRAB) to approve
exterior modifications not to exceed 15% of the structures current replacement cost in addition to the
10% threshold on interior work. The text amendment modified LOR Section 1.3.6(A) as follows:
(A) On any nonconforming structure or on a structure containing a nonconforming use, work
may be done on ordinary repairs, or on repair or replacement of fixtures, non bearing walls,
plumbing, or wiring, provided the repair work does not exceed 10% of the current
replacement cost of the structure in any 12 month period. In addition, the Site Plan Review
and Appearance Board may approve exterior modifications to a nonconforminq structure or
a structure containinq a nonconforminQ use, provided the modifications do not exceed 15%
of the current replacement cost of the structure in any 12 month period.
During the course of reviewing recent development proposals within the City's historic districts, staff
has identified a concern with regard to the yearly limits, particularly as it relates to contributing
structures within historic districts and individually listed historic structures. Additionally, the current
code only notes that the SPRAB can approve exterior modifications to a nonconforming structure;
however external modifications to structures within historic districts or to individually listed historic
structures outside the districts are approved by the Historic Preservation Board (HPB).
Since most renovations to contributing structures within historic districts and to individually listed
historic structures will exceed the existing percentage thresholds, the current code requirements are
counterproductive to these restoration efforts. A text amendment to LOR Section 1.3.6(A) is proposed
-
Planning and Zoning Board Staff Report
Amendment to Land Development Regulations Section 1.3.6(A)
Page 2
to add language that exempts contributing structures within historic districts and individually listed
historic structures from the yearly percentage thresholds, and to allow the Historic Preservation Board
(HPB) to approve exterior modifications to nonconforming structures where appropriate.
Comprehensive Plan Policies:
A review of the goals, objectives, and policies of the Comprehensive Plan was conducted and the
following is noted:
Future Land Use Element Obiective A-4: The redevelopment of land and buildings shall provide for
the preservation of historic resources.
Housinq Element Obiective A-10: The City shall support the conservation and rehabilitation of
historically significant housing, especially where such housing is an identifying characteristic of a
partkumrne~hborhood
The exemption of contributing structures within historic districts and individually listed historic
structures from the yearly percentage thresholds will enable the City's existing historic resources,
which may be nonconforming, to be rehabilitated and preserved without the restriction on
improvement costs. Thus, the above referenced Comprehensive Plan objectives will be furthered by
the proposed amendment.
I REVIEW BY OTHERS I
Historic Preservation Board (HPB):
At its meeting of September 15, 2004, the HPB reviewed and recommended approval of the proposed
text amendment.
I ALTERNATIVE ACTIONS I
A. Continue with direction.
B. Move a recommendation of approval to the City Commission for the amendment to LDR Section
1.3.6(A), by adopting the findings of fact and law contained in the staff report, and finding that the
request and approval thereof is consistent with the Comprehensive Plan and meets criteria set
forth in Sections 1.1.6(A) and 2.4.5(M) of the Land Development Regulations.
C. Move a recommendation of denial to the City Commission for the amendment to LDR Section
1.3.6(A), by adopting the findings of fact and law contained in the staff report, and finding that the
request is inconsistent with the Comprehensive Plan and does not meet criteria set forth in
Sections 1.1.6(A) and 2.4.5(M) of the Land Development Regulations.
I ",' RECOMMENDED ACTION I
Move a recommendation of approval to the City Commission for the amendment to LDR Section
1.3.6(A), by adopting the findings of fact and law contained in the staff report, and finding that the
request and approval thereof is consistent with the Comprehensive Plan and meets criteria set forth in
Sections 1.1.6(A) and 2.4.5(M) of the Land Development Regulations.
Attachments: Proposed Ordinance
-
ORDINANCE NO. 62-04
AN ORDINANCE OF THE CITY COMMISSION OF THE CITI
OF DELRA Y BEACH, FLORIDA, AMENDING THE LAND
DEVELOPMENT REGULATIONS OF THE CODE OF
ORDINANCES OF THE CITY OF DELRA Y BEACH, FLORIDA,
BY AMENDING ARTICLE 1.3, "NONCONFORMING USES,
LOTS, AND STRUCTURES", SECTION 1.3.6, "REPAIRS AND
MAINTENANCE", TO AlLOW REPAIR AND MAINTENANCE
TO NONCONFORMING HISTORIC STRUCTURES TO
EXCEED THE ANNUAL MAXIMUM THRESHOLDS LISTED
FOR NONCONFORMING STRUCTURES; PROVIDING A
SAVINGS 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 , and voted _ to _ 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 detennined that the change is consistent with and furthers
the goals, objectives and policies of the Comprehensive Plan.
NOW, THEREFORE, BE IT ORDAINED BY THE CITI COMMISSION OF THE
CITY OF DELRA Y BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Section 1.3.6, "Repairs and Maintenance", 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:
Section 1.3.6 Repairs and Maintenance:
(A) On any nonconfonning structure or on a structure containing a nonconfonning use, work may
be done on ordinary repairs, or on repair or replacement of fixtures, nonbearing walls,
plumbing, or wiring, provided the repair work does not exceed 10% of the current replacement
cost of the structure in any 12 month period. In addition, the Site Plan Review and Appearance
Board (SPRAB) or Historic Preservation Board ÇHPB) may approve exterior modifications to a
nonconfonning structure or a structure containing a nonconfonning use, provided the
modifications do not exceed 15% of the current replacement cost of the structure in any 12
month period. However. improvements to contributing structures within historic districts or to
individually listed historic structures can exceed the established 10% interior and 15% exterior
maximum thresholds.
~-- --
(B) If the Chief Building Official declares a nonconfonning structure or structure containing a
nonconfonning use to be unsafe or unlawful due to its physical condition, such structure shall
not be rebuilt, repaired, or restored, except in conformance with the requirements for the
zoning district in which it is located.
(C) Nothing herein shall prevent the strengthening or restoring to a safe condition, any building or
part thereof declared to be unsafe by the Chief Building Official.
Section 2. That should any section or provision of this ordinance or any portion
thereof, any paragraph, sentence, clause 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
hereof other than the part declared invalid.
Section 3. That all ordinances or parts of ordinances in conflict herewith be, and the
same are hereby repealed.
Section 4. That this ordinance shall become effective upon its passage on second and
final reading.
PASSED AND ADOPTED in regular session on second and final reading on this the
day of ,2004.
ATTEST:
Acting City Clerk MAYOR
First Reading
Second Reading
2 ORD. NO.
62-04
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32 Boca RatonlOelray Beach News - Thursday, November 4/Fnday, November 5,2004· www.bocaratonnews.com
--ŒÐ-
LEGAL NOTICES
any matter conSKlereG at tnese near-
In\JS- such person may need to ensure
that a verbatim rec<)rd _ the ffS-
=- and eIndence upon wtlich the
is to be based 1I1e City does
not proVIde nor prepare soct> record
PUISU3IIt to F S 2B6 01 05
100 CIlY OF DELAAY BEACH
ChevelIe 0 Nubm
ANNOUNCEMENTS Admg City Clerk
--ŒÐ- PUBUSH TbulS November 4, 2004
Boca RatonlDelray Beach News
AII#11B180
LEGAL NOTICES
Çfft Vf 1lUM111U1i11, fLUIIIUA
_ Of JIUIUC IIUIUIIG
A PUBLIC HlARI'IG wdl be held OIl the
~~wlo~ ~~~=lR71~
2004 Of at any commua1lOll of such
...-ng wtllCh is set by the CoIl1l11lS-
SIOIl), Øl the CIty Commosslon Cham-
belS, 100 N W 1st Avenue, Detray
Beach. Ronda. at which time the CIty
CommissIon will COIlSIder their adop-
~~~~=CIty~
at CIty HaD, 100 N W 1st Awnue. Del-
ray Beach, _, beIween the hOUlS
~r~: a~ande~~ ~~~~
,nte'- par\Ies are 'nYlted to attfnd
and be heanI _ respect to the pro-
posed ordinances.
OIIOIIWIΠNO_ &2-84
AN ORDINANCE OF THE CIlY COM-
MISSION OF THE CIlY OF DELAAY
BEACH, FLORIDA, AMENDING THE
LAND DEVELOPMENT REGULATIONS
OF THE CODE OF ORDINANCES OF
THE CITY OF OELAAY BEACH, FLORI-
DA, BY AMENDING ARTICLE 1 3,
'NONCONFORMING USES, LOTS,
AND STRUCTIJRES", SECTION 1 36,
"REPAIRS ANO MAlNTENANCF, TO I
ALLCNI REPAIR AND MAINTENANCE I
TO NONCONFORMING HISTORIC
STRUCTURES TO EXCEED THE
ANNUAL MAXIMUM THRESHOlDS
LISTED FOR NONCONFORMING
smUCTURES, PROVIDING A SAV-
INGS ClAUSE. A GENERAl REPEAl-
ER CLAUSE, AND AN EFFECTIVE
DATE
ORIIIIWICE NO 63-84
AN ORDINANCE OF THE CIlY COM-
MISSION OF THE CITY OF D£l..AAY
BEACH, FLORIDA. AMENDING ORDI-
NANCE 14.04 BY AMENDING SEC-
TION 3, APPENDIX "A", "SIGN", TO
PROVIDE A MORE O£rAlLfD DEFIN!-
T10N OF "SIGN", PROVIDING A SAV- I
,.. ""'" ·..............1
ClAUSE, AND AN EFFECTM DATE
Please be _ that . a person
decides to 0 IeIII any_made
by the City CoinmIssIon wiIh respect to