Ord 56-01ORDINANCE NO. 56-01
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING THE LAND
DEVELOPMENT REGULATIONS OF THE CODE OF
ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA BY
AMENDING APPENDIX "A", "DEFINITIONS", TO CLARIFY THE
DEFINITION OF "GUEST COTTAGE"; AND BY AMENDING
CHAPTER FOUR, "ZONING REGULATIONS", ARTICLE 4.3,
"DISTRICT REGULATIONS, GENERAL PROVISIONS", SECTION
4.3.3, "SPECIAL REQUIREMENTS FOR SPECIFIC USES",
SUBSECTION (Q), "GUEST COTTAGE", TO ESTABLISH THAT
PERSONS EMPLOYED FOR SERVICE ON THE PREMISES CAN
OCCUPY A GUEST COTTAGE; PROVIDING A GENERAL
REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE
DATE.
WHEREAS, pursuant to Land Development Regulation Section 1.1.6, the Planning
and Zoning Board reviewed the proposed text amendment at a public hearing on September
24, 2001, and voted 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 changes are consistent
with and further the objectives and policies of 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 Land Development Regulations of the Code of Ordinances of the
City of Delray Beach, Florida, Appendix "A", "Definitions" be and the same is hereby
amended by repealing the current definition and enacting a new definition of "Guest Cottage"
to read as follows:
An accessory building used exclusively for housing members of the family
occupying the principal dwelling, e~ their nonpaying guests, or e~
persons employed for service on the premises. A Guest Cottage shall consist of
no more than one dwelling unit and may be affixed to an accessory structure.
Section 2. That Chapter Four, "Zoning Regulations", Article 4.3, "District Regulations,
General Provisions", Section 4.3.3, "Special Requirements For Specific Uses", Subsection
(Q), "Guest Cottage", 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 4.3.3 (Q) Guest Cottage:
1. Can only be used by members of the family occupying the principal dwelling, e~ their
nonpaying guests, or persons employed for service on the premises.
The structure shall not occupy more than 1/20th of the lot area and in no case shall
exceed a floor area of 700 square feet.
3. The structure shall be located to observe the setback requirements as imposed for the
principal structure.
Section 2. That all ordinances or parts of ordinances in conflict herewith be, and the
same 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 of the remainder hereof as a whole or
part thereof other than the part declared to be invalid.
Section 4. That this ordinance shall become effective immediately upon passage on
second and final reading.
~.~PASSED AND. ADOPTED in regular session on second and final reading,on this the
day of
City Clerk
First Reading ~-
Second Reading
MAYOR
2 ORD NO. 56-01
TO:
THRU:
FROM:
SUBJECT:
DAV.~.~AR D ~~__,~M ANAG E R
PAUL DORLING, DIR~,~OR OF PLANING & ZONING
ELLEN J. UGUCClONI, HISTORIC PRESERVATION
/I
MEETING OF SEPTEMBER 24, 2001 (.
AMENDMENT TO DEFINITION AND CORRESPONDIN~ LDR SECTION
4.3.3 (Q) REGARDING GUEST COTTAGES.
The item before the Commission is an amendment to the Definition Section and Section
4.3.3(Q) of the Land Development Regulations (LDRs) regarding guest cottages, pursuant
to LDR Section 2.4.5 (M).
This amendment is being processed to provide clarification and consistency in the
"Definition Section" and "Special Requirements for Specific Use" Section regarding Guest
Cottages. As currently written there is some confusion under the definition section whether
a guest house could be multiple stories while occupying no more than 700 square feet on
the ground floor. The amended text reads as follows (words underlined are being added,
words struck through are being deleted):
DEFINITION: "GUEST COTTAGE"
An accessory building used exclusively for housing members of the family occupying
the principal dwelling, or their nonpaying guests, or ec~af~e~-by-persons employed for
service on the premises. -'"' ""~'~'""
cf t,,N~hh*-e¢.8~, /~,,,* ,,,,* * ...... '~ 700 .......
.~-_.~ ,*v, ,I,-,~.1~-- ~ -' "- --
~, ..... ,.,,,o f~r t,~ ~,-~,~c:~! uv~,,,,,~. A Guest Co~tage shall consist of no more ~han
one dwell~rig un/t and may be affixed to an accessory structure.
SECTION 4.3.3 (Q)
(1) Can only be used by members of the family occupying the principal dwelling, er-their
nonpaying guests=, or persons employed for service on the premises.
(2) The structure shall not occupy more than 1/20~h of the lot area and in no case shall
exceed a floor area of 700 square feet.
City Commission Document
October 2, 2001
Page 2
(3) The structure shall be located to observe the setback requirements as imposed for
the principal structure.
The Planning and Zoning Board considered the request at their meeting of September 24,
2001. After discussion of the item the Board voted 5-0 to recommend to the City
Commission approval of the text amendment, based upon positive findings with respect to
LDR Section 2.4.5 (M).
By motion, approve the amendment to the Definitions Section and LDR Section 4.3.3
(Q) based upon positive findings with LDR Section 2.4.5(M).
MEMORANDUM
TO:
FROM:
SUBJECT:
DATE:
MAYOR AND CITY COMMISSIONERS
~CITY MANAGER
AGENDA ITEM/O ~ - REGULAR MEETING OCTOBER 16, 2001
ORDINANCE NO. 56-01 (AMENDMENT TO DEFINITION REGARDING
GUEST COTTAGES)
OCTOBER 12, 2001
This is second reading and a public hearing for Ordinance No. 56-01, which is an amendment to the
Definition Section and Section 4.3.3(0,) of the Land Development Regulations (LDR's) regarding
guest cottages, pursuant to LDR Section 2.4.50V0.
This amendment is being processed to provide consistency in the "Definition Section" and "Special
Requirement for Specific Use" Secfon regarding Guest Cottages, and clarify that Guest Cottages may
be used by persons employed for service on the pren'fises but shall not exceed 700 square feet in floor
area.
Recommend approval of Ordinance No. 56-01 on second and final reading, based upon positive
fundings with LDR Section 2.4.5(M).
Ref:Agmemol 4.Ord.56-01.10.16.01
ORDINANCE NO. 56-01
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING THE LAND
DEVELOPMENT REGULATIONS OF THE CODE OF
ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA BY
AMENDING APPENDIX "A", "DEFINITIONS", TO CLARIFY THE
DEFINITION OF "GUEST COTTAGE"; AND BY AMENDING
CHAPTER FOUR, "ZONING REGULATIONS", ARTICLE 4.3,
"DISTRICT REGULATIONS, GENERAL PROVISIONS", SECTION
4.3.3, "SPECIAL REQUIREMENTS FOR SPECIFIC USES",
SUBSECTION (Q), "GUEST COTTAGE", TO ESTABLISH THAT
PERSONS EMPLOYED FOR SERVICE ON THE PREMISES CAN
OCCUPY A GUEST COTTAGE; PROVIDING A GENERAL
REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE
DATE.
WHEREAS, pursuant to Land Development Regulation Section 1.1.6, the Planning
and Zoning Board reviewed the proposed text amendment at a public hearing on September
24, 2001, and voted 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 changes are consistent
with and further the objectives and policies of 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 Land Development Regulations of the Code of Ordinances of the
City of Delray Beach, Florida, Appendix "A", "Definitions" be and the same is hereby
amended by repealing the current definition and enacting a new definition of "Guest Cottage"
to read as follows:
An accessory building used exclusively for housing members of the family
occupying the principal dwelling, e~ their nonpaying guests, or
persons employed for service on the premises. A Guest Cottage shall consist of
no more than one dwelling unit and may be affixed to an accessory structure.
Section 2. That Chapter Four, "Zoning Regulations", Article 4.3, "District Regulations,
General Provisions", Section 4.3.3, "Special Requirements For Specific Uses", Subsection
(Q), "Guest Cottage", 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 4.3.3 (Q) Guest Cottage:
1. Can only be used by members of the family occupying the principal dwelling, e~ their
nonpaying guests, or persons employed for service on the premises.
The structure shall not occupy more than 1/20th of the lot area and in no case shall
exceed a floor area of 700 square feet.
3. The structure shall be located to observe the setback requirements as imposed for the
principal structure.
Section 2. That all ordinances or parts of ordinances in conflict herewith be, and the
same 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 of the remainder hereof as a whole or
part thereof other than the part declared to be invalid.
Section 4. That this ordinance shall become effective immediately upon passage on
second and final reading.
PASSED AND ADOPTED in regular session on second and final reading on this the
day of ,200
ATTEST
MAYOR
City Clerk
First Reading
Second Reading.
2 ORD NO. 56-01
TO: DAVID/T'~ARDE"~CI~ M. ANAGER
SUBJECT: MEETING OF OCTOBER 16, 2001
SECOND READING OF AN AMENDMENT TO THE LAND DEVELOPMENT
REGULATIONS REGARDING GUEST COTTAGES.
This amendment is being processed to provide clarification of the "Definition" (Appendix A) and
special requirements (LDR Section 4.3.3(Q)) of the Land Development Regulations regarding
Guest Cottages. Subsequent to first reading of the proposed ordinance by the Commission, the
text has been modified further. As the "Definition" should not include language that relates to
development standards, which are appropriately covered by LDR Section 4.3.3(Q), the
sentence relating to the development standards in the definition has been deleted. Thus, the
amended text should read as follows (words underlined are being added, words struck through
are being deleted):
DEFINITION: "GUEST COTTAGE"
An accessory building used exclusively for housing members of the family occupying the
principal dwelling, er their nonpaying guests, or ec:m~f;~e~by persons employed for service on
the premises. 'r~'c cctt.~ge °~'~' ""* ......... c'" *~' ...... ~' .... *;"'*~'/~/om ,,~ ,~,,, ~,-,, f~,,,, not
..... ;~*;~ ;~' *~ ~';"~;~; ~ .... ";"~ A Guest Cottage shall consist of no more than one
dwelling unit and may be affixed to an accesso~ structure.
SECTION 4.3.3
(2)
Can only be used by members of the family occupying the principal dwelling, er their
nonpaying guests, or persons employed for service on the premises.
The structure shall not occupy more than 1/20th of the lot area and in no case shall exceed a
floor area of 700 square feet.
(3) The structure shall be located to observe the setback requirements as imposed for the
principal structure.
By motion, approve on second reading, the amendment to the "Definitions" section (Appendix A)
and LDR Section 4.3.3(Q), based upon positive findings with respect to LDR Section 2.4.5(M).
Attachment: Ordinance by Others