Ord 14-15 ORDINANCE NO. 14-15
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY
BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT
REGULATIONS OF THE CITY OF DELRAY BEACH, FLORIDA,BY
REPEALING SUBSECTION 4.5.1(E)(7), "DEMOLITION"; BY RENAMING
AND .AMENDING SUBSECTION 4.5.1(F), `T.ESTRICTIONS ON
DEMOLITIONS," TO AMEND REGULATIONS AND GUIDELINES
REGARDING TEE DEMOLMON OF HISTORIC STRUCTURES, TO
REQUIRE THE SUBMISSION OF A DEMOLITION PLAN, TO REQUIRE
THAT PROPERTY OWNERS APPLYING FOR DEMOLITION PERMITS
TAIL CERTAIN STEPS TO DOCUMENT, SALVAGE, AND RECORD
HISTORIC STRUCTURES, TO ESTABLISH ADDITIONAL
REQ FOR DEMOLITION OF MORE THAN 25 PERCENT OF
A CONTRIBUTING OR INDIVIDUALLY DESIGNATED STRUCTURE;BY
AMENDING SUBSECTION 4.5.1(G),"UNSAFE BUIL DINGS,"TO REQUIRE
THE CHIEF BUILDING OFFICIAL TO PROVIDE THE HISTORIC
PRESERVATION BOARD WITH DOCt ENTATiON REGARDING ANY
STRUCTURE WITHIN A DESIGNATED HISTORIC SITE OR
DESIGNATED HISTORIC DISTRICT THAT IS UNSAFE; PROVIDING A
SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN
EFFECTIVE DATE.
WHEREAS, the City of Delray Beach {'City") desites to preserve and protect the historic nature of
the City; and
WHEREAS, Section 4.5.1(A) of the City's Land Development Regulations provides as follows: "In
recognition of fan.dings as set forth in the original enactment of Ordinance 13-87, passed March 10, 1987,
this Section is created in order to provide for the identification, preservation, protection, enhancement,
perpetuation, and the use of districts, archeological sites, buildings, structures, improvements, and
appurtenances that are reminders of past eras, events, and persons important in local, state, and national
history; that provide significant examples of architectural styles of the past; that are unique and
irreplaceable assets to the City and its neighborhoods; or that provide this and future generations with
examples of the physical surroundings in which past generations lived; and other purposes."
WHEREAS, in furtherance of those overarching goals, the City's Land Development Regulations
govern the demolition of buildings or structures within, to, and frown historic districts or sites; and
WHEREAS, recent events have demonstrated that the current regulatory scheme under the City's
Land Development Regulations for such demolitions is insufficient to properly protect the City's historical
assets; and
WHEREAS, the City wishes to revise its Land Development Regulations in order to address the
unique issues associated with the demolition of historic buildings or structures in order to promote the
preservation and protection of same.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH,FLORIDA,AS FOLLOWS:
j Section 1. That the foregoing "WHEREAS" clauses axe ratified and confirmed as being true and
correct factual findings and are made a specific part of this Ordinance.
Section 2. That Article 4.5, "Overlay and Environmental Management Districts," Section 4.5.1,
"Historic Preservation: Designated Districts, Sites, and Buildings," Subsection 4.5.1(E), "Development
Standards," Subsection 4.5.1(E)(7), "Demolition," of the Land Development Regulations of the City of
Delray Beach, Florida, is hereby repealed as follows, and remaining Subsections are renumbered
accordingly:
,
.
f2aaiittaieted —' - ---- s-irb—ilar te) that iii wl4elt it existed at dine of ftpplieatiaii unless the Gh�ei -B
. DELETED
AND RENUMBERED
Section 3. That Article 4.5, "Overlay and Environmental Management Districts," Section 4.5.1,
"Historic Preservation: Designated Districts, Sites, and Buildings," Subsection 4.5.1(F), "Restrictions on
Demolitions," of the Land Development Regulations of the City of Delray Beach, Florida, be, and the same is
hereby amended to read as follows:
4.5.1(F) is—
Site shaH be deinalisl-ted-without first j--ceeiving a G-eilificate of Appfopi4s�teness pursuant to Seect-ion 2.4.6g-�.
Demolition.
Demolition of historic or archaeological sites or buildings, structures im rovements and a uttenances
within historic districts shall be regulated by the Historic Preservation Board and shall be subject to the
following requirements:
(1) No structure within a historic district or on a historic site shall be demolished before a
Certificate of Apropriateness has been issued:pursuant to Section 2.4.6(HD.
(2) The application for a Certificate of Appropriateness for demolition. must_ be
accompanied by an application for a Certificate of Aro riateness for alterations to the structure or
the redevelo ment of the-property.
2
ORD.NO. 14-15
(3) Demolition shall not occur until a building hermit has been issued for the alterations or
redevelopment as described in the 2pplicable Certificate of Appropriateness.
4 All structures approved for demolition and awaiting issuance of a building ern-lit for
the alterations or redevelopment shall be maintained so as to remain in a condition similar to that which
existed at time that the Certificate of Appropriateness for demolition was approved_unless the Chief
Building Official detem Ines that an unsafe building condition exists in accordance with Section
4.5.1 G .
(5) A Certificate of Appropriateness for demolition of 25% or more of a_contributing or
individuall designated structure shall be subject to the following additional r uirements:
(a) A demolition lan shall acco=any the a lication for a Certificate of
Aippropriateness for demolition. Theplan shall illustrate all 12ottions of the existing structure
that will be removed or altered.
(b The Certificate of Apps priateness for demolition and the Certificate of
AVVronriateness for alteration or redevelopment shallmeet the "Additional Public Notice"
requirements of LDR Section 2.4.2(B)(1� �.
-(I)- 6 The -afioa Board, upon a request for demolition by a property owner,
shall consider the following guidelines in evaluating applications for a Certificate of Appropriateness
for demolition of designated historic sites, historic interiors, or buildings,
structxtes, or appurtenances within designated historic districts;
(a) Whether the structure is of such interest or quality that it would reasonably
fulfill criteria for designation for Listing on the national register.
(b) Whether the structure is of such design, craftsmanship, or material that it could
be reproduced only with great difficulty or economically nonviable expense.
(c) Whether the structure is one of the last remaining examples of its kind in the
designated historic district within the city.
(d) Whether retaining the structure would promote the general welfare of the city
by providing an opportunity to study local history, architecture, and design, or by
developing an understanding of the importance and value of a particular culture and
heritage.
(e) Whether there ate approved plans for immediate reuse of the property if the
proposed demotion is carried out, and what effect those plans will have on +e
the historic district designation or the individual designation of the
proper .
(-2 ( No decision of the Board shall result in undue economic hardship for the property
owner. The Board shall determine the existence of such hardship in accordance with the definition of undue
economic hardship found insei t-ea Section 4.5.1(11).
3
ORD_NO. 14-15
(3M The Board's refusal to grant a Certificate of Appropriateness requested by a property
owner for the purpose of demolition will be supported by a written statement describing the public interest that
the Board seeks to preserve.
{4} The Board may grant a certificate of appropriateness as requested by a property owner,
for demolition which may provide for a delayed effective date. The effective date of the certificate will be
determined by the Board based on the relative significance of the structure and the probable tune required to
arrange a possible alternative to demolition. The Board may delay the demolition of designated historic sites
and contributing buildings within historic districts for up to six months while demolition of non-contributing
buildings witbin the historic district may be delayed for up to three months.
7
the Be
t"6at the appRean-t take such steps as it deetas iteeessftry to p�ese±ve t'lie sttuetbtre requested fat
f )
possibili�of i5aaviffg one or more sf!=Uetu±es or-odier features.
_ expense, salvage 7
7 and the like fb± !�etise iiq- the testoratieft of the ediat
]
aia the
at the
' ' )
owner's
eleva4ans and fleeiz plans. 41'—WO co ,
Zanieg
.Soeiety. At the -Boards aftd with the propetty- 1
option, the Board at the Delra�y Beae
'
details,Ly
and , textalea,
aiad the Re at their expense,i-espee6v-dr.
(10) Request for Demolition Tustification Statement: A justification state ent shall
acc�obany the application for a Certificate of Appropriateness for demolition of The propetir _r sh
any contributing structure in a historic district or
individually designated historic structure. The justification statement must include the following:
(a) A certified report from a registered architect or engineer which provides
documentation explaining that the building is structurally unsound and is damaged beyond the
ability to repair it at a reasonable cost. The report must include photographs to substantiate the
damage.
(b) A certified report ftora an engineer, architect, general contractor, or other
qualified professional which documents the projected cost of repairing the structure and
returning it to a safe and habitable condition.
(c) An appraisal of the property in its current condition,its value as vacant land and
its potential value as a preserved and restored historic property.
(d) Documentation that reasonable efforts have been made to find a suitable
4
ORD.NO. 14-15
i
alternate location for the structure within the City of Delray Beach to which the contributing/
individually designated historic structure could be safely relocated.
( � Documentation that the applicant or property owner has taken such steps as it
deems necessaty to reserve the structure requested for demolition including consultation with
common ou s. t_., u�agencies, and interested citizens, recommendations for acquisition of
property b�Lpublic or private bodies, or agencies, and exploration of the possibility of moving
one or more structures or other features.
(11) Salvage and Recordation of thstoric Structures:
(aThe property owner shall contact the Delray Beach Historical Society for the
purpose of salvaging specified classes of building materials, architectural details
and ornaments, fixtures, and the like for reuse in the restoration-of the other historic properties.
Confirmation of such efforts shall be provided in a written statement and submitted with the
demolition application prior to consideration by the Historic Preservation Board.
(b) The Board may,with the consent of the property owner,request that the Delray
Beach Historical SocieZ or the owner, at the owner's ex Qnse record the architectural details
for archival p=oses Viiot to demolition.
i. The recording may include, but shall not be limited to photographs,
documents, and scaled architectural drawings to include elevations and floor plans.
ii. One (1) copy of the recording shall be submitted to the City's Planning
and Zoning Department, and one (1) copy shall be submitted to the Delmy_Beaclz
Historical Societj for archiving_purposes.
Section 4. That Article 4.5, "Overlay and Environmental Management Districts," Section 4.5.1,
"Historic Preservation: Designated Districts, Sites, and Buildings," Subsection 4.5.1(G), "Unsafe Buildings," of
the Land Development Regulations of the City of Delray Beach, Florida, be, and the same is hereby amended
to read as follows:
(G) Unsafe Buildings: In the event the Chief Building Official determines that any structure
within a designated historic site or designated historic district is unsafe pursuant to the applicable Code of
Ordinances, the Chief Building Official will provide the Board
with a written statement,, photographs, and statement from the property owner to be presented by the Chief
Building Official at the next available meeting. Where appropriate and in accordance with applicable
ordinances, the Chief Building Official will attempt to have the structure repaired rather than demolished, and
will take into consideration any comments and recommendations by the Board. However, the provisions
contained within division (A) of this section shall not apply to the Chief Building Official's declaration that a
building is unsafe, nor will the Chief Building Official be precluded from taking whatever steps, as may be
required by applicable ordinances to protect the public health and safety of the community. The Board may
also endeavor to negotiate,with the owner and interested parties, provided such actions do no interfere with
procedures in the applicable ordinances.
Section. 5. That should any section or provision of this ordinance or any portion thereof, any
5
ORD.NO. 14-15
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 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 upon its adoption on second and final
reading.
PASSED AND ADOPTED in regular session on second and final reading on this the 7th day
ofjWy, 2015.
Attest: MAYOR
City Clerk
Furst Reading:Tune 16,2015
Second Reading J*7, 2015
6
ORD.NO. 14-15
1
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�o
MEMORANDUM
TO: Mayor and City Commissioners
FROM: Planning and Zoning Department
THROUGH: Donald B. Cooper, City Manager
DATE: May 17, 2015
SUBJECT. AGENDA ITEM N.C.- MEETING OF JUNE 16,2015
ORDINANCE NO. 14-15 (FIRST READING)
BACKGROUND
The item before the Commission is the consideration of City-initiated amendments to eliminate LDR
Section 4.5.1(E)(7), Demolition, and revise LDR Section 4.5.1(F), Restrictions on Demolitions, and
LDR Section 4.5.1(G), Unsafe Buildings.
The intent of the subject LDR amendments is to provide specific submittal requirements and review
criteria for requests to demolish a structure, or a portion thereof, which are located within a historic
district, or an individually designated structure listed on the Local Register of Historic Places. These
amendments are in response to concerns regarding an approval for additions and alterations to a historic
structure which involved a significant amount of demolition. While the amount of demolition was
clearly expressed during the meeting and Board discussion, it was not fully understood that all but the
front elevation would be removed. Therefore, the amendments will clarify demolition requests when
they are presented to the Historic Preservation Board (HPB) along with supporting documentation, as
well as further opportunities for recordation of the structure and salvaging of items from the structure.
The proposed amendments are outlined and analyzed in the attached Planning and Zoning Board Staff
Report.
Please note that amendments regarding demolition by neglect issues require a revision to the Code of
Ordinances Section 100.10, Individually Designated Historic Structures and Structures in Historic
Districts. Therefore, this topic is not included in the subject LDR Amendments and will be processed
under a separate Ordinance.
REVIEW BY OTHERS
The Historic Preservation Board (HPB) considered the subject LDR Amendments at its meeting of
April 15, 2015, where a recommendation of approval was made on a vote of 7-0.
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The Planning and Zoning Board considered the subject LDR Amendments at its meeting of May 18,
2015, where a recommendation of approval was made on a vote of 6-0 (Franciosa absent). NOTE:
Minutes for the subject Planning and Zoning Board meeting will be available by the Second Reading of
this Ordinance.
LEGAL DEPARTMENT REVIEW
Approved as to form and legal sufficiency.
RECOMMENDATION
Approve Ordinance 14-15 on First Reading for the City-initiated amendments to the Land Development
Regulations to eliminate LDR Section 4.5.1(E)(7), Demolition; and revise LDR Section 4.5.1(F),
Restrictions on Demolitions, and LDR Section 4.5.1(G), Unsafe Buildings, by adopting the findings of
fact and law contained in the staff report, and finding that the amendments and approval thereof is
consistent with the Comprehensive Plan and meets the criteria set forth in LDR Section 2.4.5(M).
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ORDINANCE NO. 14-15
AN ORDINANCE.OF THF.CITY COAMISSION OF THF.CITY OF DELRAY
MACH, FLORIDA, AXIENDING THE LAND DEVELOPMENT
REGULATIONS OF THE CITY OF DELRAY BEACH, FLORIDA, BY
REPEALING SUBSFMON 4.5.1(F,)(7), "DEMOLITION'; BY RENAMING
AND AMFNDING SUBSECTION 4.5.1(F), "RESTRICTIONS ON
DEMOLITIONS," TO AMEND RE,GU .ATIONS AND GUIDELINES
REGARDING THE DEMOLITION OF HISTORIC STRUCTURE,S, TO
REQUIRE THE, SUBMISSION OF A DEMOLITION PLAN, TO REQUIRE
THAT PROPERTY OWNERS APPLYING FOR DEMOLITION PE,RNIiTS
TAKE CERTAIN STEPS TO DOCUMENT, SALVAGE, AND RECORD
HISTORIC STRUCTURE TO ESTABLISH ADDITIONAL
REQUIREMENTS FOR DEMOLITION OF MORE.THAN 25 PERCENT OF
A CONTRIBUTING OR INDIVIDUALLY DESIGNATED STRUCTURE,; BY
AMENDING SUBSECTION 4.5.1(G),"UNSAFE BUILDINGS,"TO REQUIRE
THE CHIEF BUILDING OFFICIAL TO PROVIDE THE HISTORIC
PRESERVATION BOARD WITH DOCUMENTATION REGARDING ANY
STRUCTURE WITHIN A DESIGNATED HISTORIC SITE OR
DESIGNATED HISTORIC DISTRICT THAT IS UNSAID; PROVIDING A
SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN
FFFFCTIVF DATE,.
WHEREAS, the City of Delray Beach ("City") desires to preserve and protect the historic nature of
the City; and
WHEREAS, Section 4.5.1(A) of the City's Land Development Regulations provides as follows: "In
recognition of findings as set forth in the original enactment of Ordinance 13-87, passed March 10, 1987,
this Section is created in order to provide for the identification, preservation, protection, enhancement,
perpetuation, and the use of districts, archeological sites, buildings, structures, improvements, and
appurtenances that are reminders of past eras, events, and persons important in local, state, and national
history; that provide significant examples of architectural styles of the past; that arc unique and
irreplaceable assets to the City and its neighborhoods, or that provide this and future generations with
examples of the physical surroundings in which past generations lived; and other purposes."
WHEREAS, in furtherance of those overarching goals, the City's Land Dcvclopmcnt Regulations
govern the demolition of buildings or structures within, to, and from historic districts or sites; and
WHEREAS, recent events have demonstrated that the current regulatory scheme under the City's
Land Development Regulations for such demolitions is insufficient to properly protect the City's historical
assets; and
WHEREAS, the City wishes to revise its Land Development Regulations in order to address the
unique issues associated with the demolition of historic buildings or structures in order to promote the
preservation and protection of same.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the foregoing "WHEREAS" clauses are ratified and confirmed as being true and
correct factual findings and are made a specific part of this Ordinance.
Section 2. That Article 4.5, "Overlay and Environmental Management Districts," Section 4.5.1,
"Historic Preservation: Designated Districts, Sites, and Buildings," Subsection 4.5.1(F,), "Development
Standards," Subsection 4.5.1(E)(7), "Demolition," of the Land Development Regulations of the City of
Delray Beach, Florida, is hereby repealed as follows, and remaining Subsections are renumbered
accordingly:
4.5.1(E)(7) Demolition. Beffiolition of 1-�sforle or < s, or building's, ;,
;,
b or flon-
-
. DELETED
AND RENUIyIBERED
Section 3. That Article 4.5, "Overlay and Environmental Management Districts," Section 4.5.1,
"Historic Preservation: Designated Districts, Sites, and Buildings," Subsection 4.5.1(F), "Restrictions on
Demolitions," of the band Development Regulations of the City of Delray Beach, Florida, be, and the same is
hereby amended to read as follows:
4.5.1(F) Restrietions on Demofitions!
Demolition.
Demolition of historic or archaeological sites, or buildings, structures, improvements, and appurtenances
within historic districts shall be regulated by the Historic Preservation Board and shall be subject to the
following requirements:
(1) No structure within a historic district or on a historic site shall be demolished before a
Certificate of Appropriateness has been issued pursuant to Section 2.4.6(H).
(2) The application for a Certificate of Appropriateness for demolition must be
accompanied by an application for a Certificate of Appropriateness for alterations to the structure or
the redevelopment of the property.
2
ORD. NO. 14-15
(3) Demolition shall not occur until a building12ermit has been issued for the alterations or
redevelopment as described in the applicable Certificate of Appropriateness.
(4) All structures aiproved for demolition and awaiting issuance of a building permit for
the alterations or redevelopment shall be maintained so as to remain in a condition similar to that which
existed at time that the Certificate of Appropriateness for demolition was approved unless the Chief
Building Official determines that an unsafe building condition exists in accordance with Section
4.5.1 G .
(5) A Certificate of Appropriateness for demolition of 25°'o or more of a contributing or
individually designated structure shall be subject to the following additional reduirements:
(a) A demolition plan shall accompany the application for a Certificate of
1�pp�opriateness for demolition. The plan shall illustrate all portions of the existing structure
that will be removed or altered.
(b) The Certificate of Appropriateness for demolition and the Certificate of
npt2ropriateness for alteration or redevelopment shall meet the "Additional Public Notice"
requirements of LDR Section 2.4.28 (1)(i).
-(4-" The Histor-ie Pr-esef--k;.tio Board, upon a request for demolition by a property owner,
shall consider the following guidelines in evaluating applications for a Certificate of Appropriateness
for demolition of designated historic sites, historic interiors, or buildings,
structures, or appurtenances within designated historic districts;
(a) Whether the structure is of such interest or quality that it would reasonably
fulfill criteria for designation for listing on the national register.
(b) Whether the structure is of such design, craftsmanship, or material that it could
be reproduced only with great difficulty or economically nonviable expense.
(c) Whether the structure is one of the last remaining examples of its hind in the
designated historic district within the city.
(d) Whether retaining the structure would promote the general welfare of the city
portunity to study local history, architecture, and design, or by
by providing an op
developing an understanding of the importance and value of a particular culture and
heritage.
(c) Whether there are approved plans for immediate reuse of the property if the
proposed demolition is carried out, and what effect those plans will have on +4e
stirrottndittg are the historic district designation or the individual designation of the
ro er T.
{�} No decision of the Board shall result in undue economic hardship for the property
owner. The Board shall determine the existence of such hardship in accordance with the definition of undue
economic hardship found in S TSection 4.5.1(H).
3
ORD. NO. 14-15
{?r} The Board's refusal to grant a Certificate of Appropriateness requested by a property
owner for the purpose of demolition will be supported by a written statement describing the public interest that
the Board seeks to preserve.
�44 The Board may grant a certificate of appropriateness as requested by a property owner,
for demolition which may provide for a delayed effective date. The effective date of the certificate will be
determined by the Board based on the relative significance of the structure and the probable time required to
arrange a possible alternative to demolition. The Board may delay the demolition of designated historic sites
and contributing buildings within historic districts for up to six months while demolition of non-contributing
buildings within the historic district may be delayed for up to three months.
b b anti interested ,
prii,tfe bodies,
..
(6) The -Boftfd
ith the
nsent
f the
esf that the
fft the
> >
&rnaffient:, s, and the like :,
> of the ownef,
fff theewneft
,
s,
Xoninb
Soeiett,. At the Board's option, at -,t4h the property i
sak-ftge and materials, arehifeettiral details, and Ortiftmeftfs, _ ;,
(10) Request for Demolition Justification Statement: n justification statement shall
accompany the aliplication for a Certificate of Ajpropriateness for demolition of The sha
r ide the f64o 4ftg ift&)-fffatie Oft appheation f4r any contributing structure in a historic district or
individually designated historic structure. The justification statement must include the following:
(a) n certified report from a registered architect or engineer which provides
documentation explaining that the building is structurally unsound and is damaged beyond the
ability to repair it at a reasonable cost. The report must include photographs to substantiate the
damage.
(b) A certified report from an engineer, architect, general contractor, or other
qualified professional which documents the projected cost of repairing the structure and
returning it to a safe and habitable condition.
(c) An appraisal of the property in its current condition, its value as vacant land and
its potential value as a preserved and restored historic property.
4
ORD. NO. 14-15
(d) Documentation that reasonable efforts have been made to find a suitable
alternate location for the structure within the City of Delray Beach to which the contributing/
individually designated historic structure could be safely relocated.
(tel Documentation that the aiplicant or property owner has taken such steps as it
deems necessary to preserve the structure requested for demolition including consultation with
communi T roups,12ublic agencies, and interested citizens, recommendations for acquisition of
propertyb�: public or private bodies, or agencies, and exploration of the possibilitti= of moving
one or more structures or other features.
(11) Salvage and Recordation of Historic Structures:
(a) The property owner shall contact the Delray Beach Historical Society for the
purpose of salvaging and preserving specified classes of building materials, architectural details
and ornaments, fixtures, and the like for reuse in the restoration of the other historic properties.
Confirmation of such efforts shall be provided in a written statement and submitted with the
demolition alplication prior to consideration by the Historic Preservation Board.
(b) The Board mai,with the consent of the property owner, request that the Delray
Beach Historical Society, or the owner, at the owner's expense, record the architectural details
for archival purposes prior to demolition.
i. The recording may include, but shall not be limited to photographs,
documents, and scaled architectural drawings to include elevations and floor plans.
ii. One (4) copy of the recording shall be submitted to the City's Planning
and Zoning Department, and one (1) copy shall be submitted to the Delray Beach
Historical Society for archivingj2urposes.
Section 4. That Article 4.5, "Overlay and Environmental Management Districts," Section 4.5.1,
"Historic Preservation: Designated Districts, Sites, and Buildings," Subsection 4.5.1(G), "Unsafe Buildings," of
the Land Development Regulations of the City of Delray Beach, Florida, be, and the same is hereby amended
to read as follows:
(G) Unsafe Buildings: In the event the Chief Building Official determines that any structure
within a designated historic site or designated historic district is unsafe pursuant to the applicable Code of
Ordinances, the Chief Building Official will fttif. the Bo ft.d of his findings provide the Board
with a written statement, j2hotographs, and statement from the property owner to be presented by the Chief
Building Official at the next available meeting. Where appropriate and in accordance with applicable
ordinances, the Chief Building Official will attempt to have the structure repaired rather than demolished, and
will take into consideration any comments and recommendations by the Board. However, the provisions
contained within division (A) of this section shall not apply to the Chief Building Official's declaration that a
building is unsafe, nor will the Chief Building Official be precluded from taking whatever steps, as may be
required by applicable ordinances to protect the public health and safety of the community. The Board may
also endeavor to negotiate with the owner and interested parties, provided such actions do no interfere with
procedures in the applicable ordinances.
5
ORD. NO. 14-15
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 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 upon its adoption on second and final
reading.
PASSED AND ADOPTED in regular session on second and final reading on this the day of
12015.
M AYOR
ATTEST:
City Clerk
First Reading
Second Reading
6
ORD. NO. 14-15
7/10/2015 Coversheet
dr"
MEMORANDUM
TO: Mayor and City Commissioners
FROM: Planning and Zoning Department
THROUGH: Donald B. Cooper, City Manager
DATE: June 23, 2015
SUBJECT: AGENDA ITEM 9.D. — REGULAR COMMISSION MEETING OF JULY 7, 2015
ORDINANCE NO. 14-15 (SECOND READING)
BACKGROUND
At the first reading on June 16, 2015, the Commission passed Ordinance No. 14-15.
DISCUSSION
This ordinance is before Commission for second reading for City initiated amendments to the
Land Development Regulations to eliminate LDR Section 4.5.1(E)(7), Demolition; and revise
LDR Section 4.5.1(F), Restrictions on Demolitions, and LDR Section 4.5.1(G), Unsafe
Buildings, by adopting the findings of fact and law contained in the staff report, and finding that
the amendments and approval thereof is consistent with the Comprehensive Plan and meets
the criteria set forth in LDR Section 2.4.5(M).
RECOMMENDATION
Motion to Approve Ordinance No. 14-15 on second and final reading.
http://agendas.mydel raybeach.com/BI uesheet.aspx?Item ID=9329&M eeti nglD=571 1/1
PLANNING AND ZONING BOARD
MEMORANDUM STAFF REPORT
MEETING DATE: May 18, 2015
ITEM: VI 1.G.
AGENDA ITEM: CITY INITIATED AMENDMENTS TO ELIMINATE LDR SECTION
4.5.1(E)(7), DEMOLITION; REVISE LDR SECTION 4.5.1(F),
RESTRICTIONS ON DEMOLITIONS, TO PROVIDE SPECIFIC
SUBMITTAL REQUIREMENTS FOR REQUESTS FOR THE DEMOLITION
OF STRUCTURES WITHIN A HISTORIC DISTRICT OR ON AN
INDIVIDUALLY DESIGNATED SITE AND PROVIDE CRITERIA BY WHICH
TO REVIEW DEMOLITION REQUESTS; AND REVISE LDR SECTION
4.5.1(G), UNSAFE BUILDINGS, TO REQUIRE THAT THE CHIEF
BUILDING OFFICIAL PRESENT DOCUMENTATION TO THE HISTORIC
PRESERVATION BOARD WHEN A HISTORIC STRUCTURE IS
DETERMINED TO BE UNSAFE.
ITEM BEFORE THE BOARD
The item before the Board is that of making a recommendation to the City Commission regarding
City-initiated amendments to eliminate LDR Section 4.5.1(E)(7), Demolition, and revise LDR
Section 4.5.1(F), Restrictions on Demolitions, and LDR Section 4.5.1(G), Unsafe Buildings,
pursuant to LDR Section 2.4.5(M).
LDR AMENDMENT BACKGROUND & DESCRIPTION
The intent of the subject LDR amendments is to provide specific submittal requirements and review
criteria for requests to demolish a structure, or a portion thereof, which are located within a historic
district, or an individually designated structure listed on the Local Register of Historic Places. These
amendments are in response to concerns regarding an approval for additions and alterations to a
historic structure which involved a significant amount of demolition. While the amount of demolition
was clearly expressed during the meeting and Board discussion, it was not fully understood that all
but the front elevation would be removed,
The proposed amendments are as follows:
• LDR Section 4.5.1(E)(7), Demolition, Subsection deleted to combine existing language
within Subsection (F).
• LDR Section 4.5.1(F): Subsection title "Restrictions on Demolition" revised to "Demolition".
• LDR Section 4.5.1(F)(1-4); Language added to specify that a Certificate of Appropriateness
(COA) is required prior to the demolition of a structure within a historic district or on an
individually designated site. Language added to require that requests to demolish 25% or
more of a contributing or individually designated structure be accompanied by a demolition
plan. Language added from 4.5.1(E)(7) which limits the demolition of a structure prior to the
permit issuance for the redevelopment on that site. Language added from 4.5.1(E)(7) to
require that the buildings awaiting demolition be maintained in a manner similar to when the
demolition was approved,
Page 2 of 4; Planning and Zoning Board Meeting of 05.18.15
LDR Amendments re: Demolition
• LDR Section 4.5.1(F)(5-6): Subsections deleted with language revised and relocated within
other subsections.
• LDR Section 4.5.1(F)(6), Demolition Submittal Requirements and Justification: Subsection
revised with an added requirement to submit documentation which indicates that steps have
been taken to preserve the structure,
• LDR Section 4.5.1(F)(7), Salvage and Recordation of Historic Structures; Subsection added
to require the property to contact the Delray Beach Historical Society regarding salvage of
building materials from structures approved for demolition, to permit the Board to require
that the property owner record the building prior to demolition with drawings and
photographs.
• LDR Section 4.5.1(F)(8), Public Notice: Subsection added to require that Public Notice be
provided, including to property owners within a 500' radius.
• LDR Section 4.51(G), Unsafe Buildings; Language added to require that the Chief Building
Official provide a written statement with documentation to the Board when a historic
structure is determined to be unsafe.
In summary of the above, the proposed amendments will clarity demolition requests when they are
presented to the Board along with supporting documentation, as well as further opportunities for
recordation of the structure and salvation of items from the structure.
ANALYSIS OF PROPOSED LDR TEXT AMENDMENT
Pursuant to LDR Section 2.4.5(M)(1), amendments to the Land Development Regulations may be
initiated by the City Commission, Planning and Zoning Board or City Administration; or an
individual.
STAFF COMMENT:
The proposed amendments were initiated by the Planning and Zoning Board at its March 16, 2015
meeting.
Pursuant to LDR Section 2.4.5(M)(5),Findings, in addition to 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.
A review of the objectives and policies of the adopted Comprehensive Plan was conducted and the
following applicable Objectives and Policies were noted:
FUTURE LAND USE ELEMENT, GOAL AREA "A": Land within the Planning area shall be
developed or redeveloped, to enhance the existing quality of life, complement existing land use and
result in a mixed, but predominantly residential community with a balanced economic base.
Future Land Use Element Objective A-4 The redevelopment of land and buildings shall provide
for the preservation of historic resources. The objective shall be met through continued adherence
to the City's Historic Preservation Ordinance and the following policies:
Future Land Use Policy A-4.1 Prior to approval or recommending approval of any land use or
development application for property located within a historic district or designated as a historic site,
the Historic Preservation Board must make a finding that the requested action is consistent with the
provisions of Section 4.5.1 of the Land Development Regulations (see below) relating to historic
sites and districts and the "Delray Beach Design Guidelines".
2
Page 3 of 4; Planning and Zoning Board Meeting of 05.18,15
LDR Amendments re; Demolition
Pursuant to LDR Section 4.5,1(A), Historic Preservation Sites and Districts: in recognition of
findings as set forth in the original enactment of Ordinance 13-87, passed March 10, 1987, this
Section is created in order to provide for the identification, preservation, protection, enhancement,
perpetuation, and the use of districts, archeological sites, buildings, structures, improvements,
and appurtenances that are reminders of past eras, events, and persons important in local, state,
and national history; that provide significant examples of architectural styles of the past; that are
unique and irreplaceable assets to the City and its neighborhoods; or that provide this and future
generations with examples of the physical surroundings in which past generations lived; and other
purposes.
STAFF ANALYSIS:
The proposed amendments in LDR Section 4.5.1, regarding the demolition of historic structures
meets the intent of Objective A-4 as it strives to ensure that the demolition is appropriate and
necessary, while providing opportunities for the recordation of those structures proposed for
demolition and the salvaging of interesting artifacts from those sites. Therefore, positive findings
can be made as the proposed LDR text amendment is consistent with and does further the Goals,
Objectives and Policies of the Comprehensive Plan Future Land Use Element.
It should be noted that the rehabilitation of historic resources within a historic district or on an
individually designated site is always preferred over demolition.
HOUSING ELEMENT,_GOAL AREA "A": To maintain a safe and adequate supply of housing by
preserving existing stable neighborhoods, stabilizing and enhancing neighborhoods that are in
transition, and restoring and rehabilitating neighborhoods that have declined.
Housing Element Objective 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.
Housing Element Policy A-10.1 This objective will be implemented in accordance with the
standards and criteria of Section 4.5.1 of the Land Development Regulations, Historic Preservation
Sites and Districts.
Housing Element Policy A-10.2 The City will promote the use of historic designations as a
revitalization tool in its preparation of Neighborhood Plans for those areas which have a significant
inventory of historic structures.
Housing Element Objective A-12 To assist residents of the City in maintaining and enhancing
their neighborhood environment, the City shall take steps to ensure that modifications in and around
the neighborhood do not lead to its decline, such as those described in the following policies.
Housing Element Policy A-12.3: In evaluating proposals for new development or redevelopment,
the City shall consider the effect that the proposal will have on the stability of nearby
neighborhoods. Factors such as noise, odors, dust, traffic volumes and circulation patterns shall be
reviewed in terms of their potential to negatively impact the safety, habitability and stability of
residential areas. If it is determined that a proposed development will result in a degradation of any
neighborhood, the project shall be modified accordingly or denied.
3
Page 4 of 4; Planning and Zoning Board Meeting of 05.18.15
LDR Amendments re: Demolition
Housing Element Policy A-12.4: The City will provide planning and technical assistance to
implement neighborhood-supported initiatives aimed at preserving the character of existing
residential areas. Such assistance may involve the formulation of regulations that would limit the
size and scale of new homes to be consistent with existing structures within a defined
neighborhood, and analysis of the housing inventory to determine if the area qualifies for
designation as a historic district, and similar measures.
STAFF ANALYSIS
The proposed amendments strive to clarify when a historic structure will be significantly impacted
when 25% or more of it will be demolished. This clarity will assist keeping the Historic Preservation
Board (HPB) and the public informed of what is to occur on a site, which is intended to stabilize a
neighborhood either by removing a structure which required demolition, or assisting in the
rehabilitation of a historic structure through necessary partial demolition. Therefore, positive
findings can be made as the proposed LDR text amendment is consistent with and does further the
Goals, Objectives and Policies of the Comprehensive Plan Future Land Use Element.
REVIEW BY OTHERS
The Historic Preservation Board (HPB) considered the subject LDR Amendments at its meeting
of April 15, 2015, where a recommendation of approval was made on a vote of 7-0.
ALTERNATIVE ACTIONS
A. Continue with direction.
B. Recommend approval to the City Commission of City-initiated amendments to the Land
Development Regulations to eliminate LDR Section 4.5.1(E)(7), Demolition; and revise LDR Section
4.5.1(F), Restrictions on Demolitions, and LDR Section 4.5.1(G), Unsafe Buildings, by adopting the
findings of fact and law contained in the staff report, and finding that the amendments 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 City-initiated amendments to the
Land Development Regulations to eliminate LDR Section 4.5,1(E)(7), Demolition; and revise LDR
Section 4.5.1(F), Restrictions on Demolitions, and LDR Section 4.5.1(G), Unsafe Buildings, by
adopting the findings of fact and law contained in the staff report, and finding that the 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 phrased in the affirmative. See above.)
RECOMMENDED ACTION
Recommend approval to the City Commission of City-initiated amendments to the Land
Development Regulations to eliminate LDR Section 4,5.1(E)(7), Demolition; and revise LDR Section
4.5.1(F), Restrictions on Demolitions, and LDR Section 4.5.1(G), Unsafe Buildings, by adopting the
findings of fact and law contained in the staff report, and finding that the amendments and approval
thereof is consistent with the Comprehensive Plan and meets the criteria set forth in LDR Section
2.4,5(M).
4
ORDINANCE NO. -15
AN ORDINANCE OF TI-IE CITY COMMISSION OF THE CITY OF DELRAY
BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT
REGULATIONS OF THE CITY OF DELRAY BEACH, FLORIDA, BY
REPEALING SUBSECTION 4.5.1(E)(7), "DEMOLITION'; BY RENAMING
AND AZiIZNDING SUBSECTION 4.5.1(F), "RESTRICTIONS ON
DEMOLITIONS," TO AMEND REGULATIONS AND GUIDELINES
REGARDING 'IIS DEMOLITION OF HISTORIC STRUCTURES, TO
REQUIRE THE SUBMISSION OF A DEMOLITION PLAN, TO REQUIRE
THAT PROPEX1Y OWNERS APPLYING FOR DEMOLITION PERMITS
TAIL CERTAIN STEPS TO DOCUMENT, SALVAGE, AND RECORD
HISTORIC STRUCTURES, TO ESTABLISH ADDITIONAL
REQUIREIvI ,NTS FOR DEMOLITION OF MORE THAN 25 PERCENT OF
A CONTRIBUTING OR INDIVIDUALLY DESIGNATED STRUCI JRE,BY
AMENDING SUBSECTION 4.5.1(G),"UNSAFE BUILDINGS,"TO REQUIRE
'l-IE CHIEF BUILDING OFFICIAL TO PROVIDE THE HISTORIC
PRESERVATION BOARD WITH DOCUMENTATION REGARDING ANY
STRUCI"[JRE WITFIN A DESTGNA F-D HISTORIC SITE OR
DESIGNATED HISTORIC DISTRICT THAT IS UNSAFE; PROVIDING A
SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN
EFFECTIVE DATE.
WHEREAS, the City of Delray Beach ("City") desires to preserve and protect the historic nature of
the City; and
WHEREAS, Section 4.5.1(A) of the City's Land Development Regulations provides as follows: "In
recognition of findings as set forth in the original enactment of Ordinance 13-87, passed March 10, 1987,
this Section is created in order to provide for the identification, preservation, protection, enhancement,
perpetuation, and the use of districts, archeological sites, buildings, structures, improvements, and
appurtenances that are reminders of past eras, events, and persons important in local, state, and national
history; that provide significant examples of architectural styles of the past; that are unique and
irreplaceable assets to the City and its neighborhoods; or that provide this and future generations with
examples of the physical surroundings in which past generations lived; and other purposes."
WHEREAS, in furtherance of those overarching goals, the City's Land Development Regulations
govern the demolition of buildings or sttuctutes within, to, and from historic districts or sites; and
WHEREAS, recent events have demonstrated that the current regulatory scheme under the City's
Land Development Regulations for such demolitions is insufficient to properly protect the City's historical
assets; and
WHEREAS, the City wishes to revise its Land Development Regulations in order to address the
unique issues associated with the demolition of historic buildings or structures in order to promote the
preservation and protection of same,
NOW, THEREFORE, BE I`r ORDAINED BY THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA,AS FOLLOWS:
Section. 1. That the foregoing "WHEREAS" clauses are ratified and confirmed as being true and
correct factual findings and are made a specific para of this Ordinance.
Section 2. That Article 4,5, "Overlay and Environmental. Management Districts," Section 4,5.1,
"Historic Preservation: Designated Districts, Sites, and Buildings," Subsection 4.5.1(E), "Development
Standards," Subsection 4.5,1(E)(7), "Demolition," of the Land Development Regulations of the City of
Delray Beach, Florida, is hereby repealed as follows, and remaining Subsections are renumbered
accordingly:
4.5.1(E)(7) Demolitiett. Detno46on of histotie ej, afehftealogieal sites, or buildings, structures,
Boftrd—in the ±nftriftei! deset4bed iii Section 451(F). Demolition of my structure, whet-her eaftt4bti�g o-f ffaii
. .
il
fnaiiitaifted in a fnan er- siwAa-r to that in whieh i� existed ftt titne of application ufAess the Chief Buildin
. DELETED
AND RENUMBERED
Section 3. 'That Article 4.5, "Overlay and Environmental Management Districts," Section 4.5.1,
"Historic Preservation: Designated Districts, Sites, and Buildings," Subsection 4.5,1(F), "Restrictions on
Demolitions," of the Land Development Regulations of the City of Delray Beach, Florida, be, and the same is
hereby amended to read as follows:
4.S.1(F)
Site shall be demolished without first receiving a Certificate of Appropriateness pursuant to Seetioti 2.4.6(H).
Demolition.
Demolition of historic or archaeological sites, or buildings, structures, improvements, and appurtenances
within historic districts shall. be tegulated by the Historic Preservation Board and shall be subJect to the
following requirements:
(1) No structure `within a historic district or on a historic site shall be demolished before a
Certificate of Appropriateness has been issued pursuant to Section 2.4.6(H�,
2 The application for a Certificate of Appropriateness for demolition must be
accompanied by an anbIication for a Certificate of Apbroptiateness for alterations to the structure or
the redevelopment of the ptopeittr.
2
ORD.NO.--i5
(3) Demolition shall not occur until a building permit has been issued for the alterations or
redevelopment as described in the applicable Certificate of Appropriateness.
(4� All structures approved for demolition and awaiting issuance of a building permit for
the alterations or redevelopment shall be maintained so as to remain in a condition similar to that`which
existed at time that the Certificate of Appropriateness for demolition was approved unless_the Chief
Building Official determines that an unsafe building condition exists in accordance with Section
4.5.1 G .
5 A Certificate of A ro riateness for demolition of 25% or more of a contributing or
individually designated structure shall be subject to the following additional requirements:
(a) A demolition plan shall accom)an the application for a Certificate of
Appropriateness for demolition. The plan shall illustrate all portions of the existing structure
that will be removed or altered.
(b1 The Certificate of Appropriateness for demolition and the Certificate of _
Appropriateness for alteration or redevelopment shall. meet the "Additional Public Notice"
requirements of LDR Section 2.4.2(B)414l.
-�4C The Historic Preservation Board, upon a request for demolition by a property owner,
shall consider the following guidelines in evaluating applications for a Certificate of Appropriateness
for demolition of designated historic sites, historic interiors, or buildings,
structures, or appurtenances within designated historic districts-
(a) Whether the structure is of such interest or quality that it would reasonably _
fulfill criteria for designation for listing on the national register.
(b) Whether the structure is of such design, craftsmanship, or material that it could
be reproduced only with great difficulty or economically nonviable expense.
(c) Whether the structure is one of the last remaining examples of its bind in the
designated historic district wittiin the city.
(d) Whether retaining the structure would promote the general welfare of the city
by providing an opportunity to study local history, architecture, and design, or by
developing an understanding of the importance and value of a particular culture and
heritage.
(e) Whether there are approved plans for immediate reuse of the property if the
proposed demolition is carried out, and what effect those plans will have on +te
the historic district designation or the individual designation of the
ro er
�2)41� No decision of the Board shall result in undue economic hardship for the property
owner. The Board shall determine the existence of such hardship in accordance with the definition of undue
economic hardship found in Subsection Section 4.5.1(H).
3
ORD.NO. -15
The Board's refusal to grant a Certificate of Appropriateness requested by a property
owner for the purpose of demolition will be supported by a written statement describing the public interest that
the Board seeks to preserve.
{ Z The Board may grant a certificate of appropriateness as requested by a property owner,
for demolition which may provide for a delayed effective date. The effective date of the certificate will be
determined by the Board based on the relative significance of the structure and the probable time required to
arrange a possible alternative to demolition. The Board may delay the demolition of designated historic sites
and contributing buildings within historic districts for up to six months while demolition of non-contributing
buildings within the historic district may be delayed for up to three months.
that t1te ftpplieant take such steps as ii deeifts iteeessai!y to pEem t-Ve the sfi!ueft�re requested fb
> 9
(6) The Boat!d may, with the consent of the pfapeffy awtie-r, re"est that the ',
at the
•• ,
,
elevations and fleei! platis, Two (2) eopies of sueh reeefditigs shall be submitted to the City's Platt� an
Soeiety. At the Board's aptioti, afid with the property ownef's eeftsent, t1te Board or the De6-Ety Beae
(10) Request for Demolition Tustificatio_n Statement: A justification statement shall
accomi2any the .application for a Certificate of A1212topriateness for demolition of 9hall
pi!avide the following informatio o, i �he-r- ,...plie,tiof. & any contributing structure in a historic district or
individually designated historic structure. The justification statement must.include_the fallowing:
(a) A certified report from a registered architect or engineer -which provides
documentation explaining that the building is structurally unsound and is damaged beyond the
ability to repair it at a reasonable cost. The report must include photographs to substantiate the
damage.
(b) A certified report from an engineer, architect, general contractor, or other
qualified professional which documents the projected cost of repairing the structure and
returning it to a safe and habitable condition.
(c) An appraisal of the property in its current condition, its value as vacant land and
its potential value as a preserved and restored historic property.
4
ORD. NO. -15
(d) Documentation that reasonable efforts have been made to find a suitable
alternate location for the structure within the City of Delray Beach to which the contributing/
individually designated historic structure could be safely relocated.
le) Documentation that the applicant or ..i_o,_ertowner has taken such steps as it
deems necessary. to_preserve the structure requested for demolition, including consultation with
coirimuqU aoul2s, public.agencies, and interested citizens recommendations for acquisition of
property bpublic or private bodies, or agencies, and exploration of the possibility of moving
one or more structures or other features.
41 1) Salvage and Recordation of Historic Structures:
a The 12roperty..ownet shall contact the Del-ray Beach Historical Socie- for the
purpose of salvaging and preserving specified classes of building Materials; architectural details
and ornaments futures and the like for reuse in the restoration of the other. historic_prop erties
-.....
Confirmation of such efforts shall be provided in a written statement and submitted with the
demolition a lication prior to consideration by the Historic Preservation Board,
(b) The Board may, with the consent of,the_properowner, request that the Delray
Beach Historical Society, or the owner ex at the owner's ense record the architectural details
for archival purposes prior to demolition.
i. ...... ......_The recording may include, but shall not be limited to photographs,
documents and scaled architectural drawin s to include elevations and floor plans,
ii, One (1) copy of the recording shall be submitted to the City's Planning
and.. Zoning Department, and one (1) copy shall be submitted to the Delray Beach
Historical Society for archiving Purposes,
Section 4. That Article 4.5, "Overlay and Environmental Management Districts," Section 4.5.1,
"Historic Preservation; Designated Districts, Sites, and Buildings," Subsection 4.5.1(G), "Unsafe Buildings," of
the Land Development Regulations of the City of Delray Beach, Florida, be, and the same is hereby amended
to read as follows:
(G) Unsafe Buildings: In the event the Chief Building Official determines that any structure
within a designated historic site or designated historic district is unsafe pursuant to the applicable Code of
Ordinances, the Chief Building Official will itTittiediately fietify the Boafd of his fiftdings provide_the Board
with.._a...written statement,photographs, and statement from the property owner to be 12resented by the Chief
Building Official at the next available meeting, Where appropriate and in accordance with applicable
ordinances, the Chief Building Official will attempt to have the stj-ucture repaired rather than demolished, and
will take into consideration any comments and recommendations by the Board, However, the provisions
contained within division (A) of this section shall not apply to the Chief Building Official's declaration that a
building is unsafe, nor will the Cl-def Building Official be precluded from taping whatever steps, as may be
required by applicable ordinances to protect the public health and safety of the community. The Board may
5
ORD,NO. -15
also endeavor to negotiate with the owner and interested parties, provided such actions do no interfere with
procedures in the applicable ordinances,
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 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 upon its adoption on second and final
reading.
PASSED AND ADOPTED in regular session on second and final reading on this the day of
2015,
M AYOR
ATTE
City Clerk
First Reading
Second Reading
6
ORD,NO, -15
SUN-SENTINEL
Published Daily
Fort Lauderdale,Broward County,Florida
Boca Raton,Palm Beach County,Florida
Miami,Miami-Dade County,Florida
STATE OF FLORIDA
COUNTY OF:BROWARD/PALM BEACHIMIAMI-DADE
Before the undersigned authority personally appeared
BETTY ARMAND, who on oath says that he or she is a dulyauthorized representative of the SUN- CITYOF DERAr BEACEI FLORIDA
y F ,> NOTICE OF PUBLIC.HEARING..
SENTINEL, a DAILY newspaper published in BROWARD/PALM BEACH/MIAMI-DADE County, o PUBLIC
nIC HEARING
Poedo befoohthe
r ll
Florida;that the attached co of advertisement,being Legal Notice in: DAY JULY7,2o17:n
'satopinl or at any
copy ag a g contlnuat€on of.such meeting which is
setbythecornnniss€oni ip=the Comms
cion-Chamber5�,160 N W.1st AVE.nue,
The matter of 11720-Notice of Public Meeting Delray Beach,I=tonda aCwnichtime.the .
City Carntnissioi wilt consider Stsadop-: :
tion,The proposed ordindhce may be
City of Delray Beach/City Clerk's Office at City inspected attheoffloeC€tyClerki
Hau 100N. ..Wvv.jstAVenue Dorray,
Beach Ffor€da,between 8:D0 a rl and `.
Friday 5:()0 p m,Monday through.Friday except
06/26/2015 holidays. Interested partles'are Invited to
attend and be heard with respect to the`
Hearing proposed ordinance
ORDINANCE NO..10 15
Was published in said newspaper in the issues of; Jun 26,2015 ANORDINANOFRmENbING7HECCIDE
OrORDINANGES OF THE CITY OF DELEtAI`
BEACH,FLORf.DA;BY AMENDING CHAP
3375268 TER331pOLICEANDFIRETREStUE0E I
PARTMENTS'AT TITLE 3"P fJ51ONs,"Bvt=
AMENDING SECTION 33.60;:DFFINMONS'
AMENDING SECTION 33 62,.8ENEFIT
Affiant further says that the said SUN-SENTINEL is a newspaper published in said ANAOUNTS AND ELIGIBILITY,AMENDING
BROWARD/PALM BEACH/MIAMI-DADE Count Florida, and that the said newspaper has
SECTION33,689,RETIREMENT BENEFIr
Y ENHANCEMENT;PROVIRING FOR SEVER,
heretofore been continuously published in said BROWARD/PALM BEACHIMIAMING FO
-DADE County, THE DDE;AND IPROVIIDIN PROVIDING EF-
Florida, each day and has been entered as second class matter at the post office in BROWARD FECFIVEDATE. :.
County,Florida,for a period of one year next preceding the first publication of the attached copy of Please be advised that€fapersondecldes
to appeal any dec€s€on made ay the City:
advertisement;and affiant further says that he or she has neither paid nor promised, any person,firm Comm€ssion .t respectto.any matter
consinered atthis heanng,such:parson
or corp, ation, any disc t,rebate, commission or refund, for the purpose of securing this may need to ensurethataverbat€m re-
cord ment for u cati n in the said newspaper. cord includes theaestimonydnd ev€dence
aupon de bas6d.
pThe Clty doesh otpprovidetnor prepare
sych'record pursuant to FS.286.0105.
CITY�OF DELRAY BEACH
CheuelfeD Nubirf;MMC
Signature of AfaiT Fridayjune 26,2619:
S o and subscribed before me this: June 26,2015.
ature of otary Public
::HELLY A. HOU]�904
OfvMM/ SSION rt FFV"�' PIRES March 19,2
Na ! t"Ti ed
Personally Known(X)or Produced Identification( )
Order#-3375268
GITYoF.rl�€xar seacH.Fi=oalrra .
—--- --- ------ NOTICE OF PUBLIC HEARING
A PUBLIC HEARING wd€oe:held on the
folidwing proposed ordinagces on TUES-
DAY,JULY 7;2015. at 7:00 p-m or at anyr
continUation-of such mean g:which;)s sei
by the Commissioh),ih th0 orrImission`:
Chambers,100 N.W.1st Avenue,:pelray:_':
Beach,Florida,at which time the City
SUN-SENTINEL Commission will consider their adop-
tion.The proposed ordinance may be.
Published Daily inspected at the office of the City.Clerk:
Fort Lauderdale,Broward County,Florida at City Hail;100 N.W.1 $:DO Avenue,Delray
3' Beach,Florida,between 8:00 a.m.and
Boca Raton,Palm Beach County,Florida 5:bo p.m.,Monday through Friday except
holidays: Interested parties are invited.to
Miami,Miami-Dade County,Florida attend and be heard with respect to the
proposed ordinances.
STATE OF FLORIDA ORDINANCE N0.12-15 j
i
AN ORDINANCE OF THE CITY COMMIS-
SION OF THE CIN OF DELRAY BEACH;,
COUNTY OF: BROWARD/PALM BEACH/MIAMI-DADS FLORIDA ADOPTING ASMALL-SCALE
FUTURE LAND-USE MAP AMENDMENT
FROM MD(MEDIUM DENSITY RESIDEW
TIAL:S-12 DU/A T :.
Before the undersigned authority personally appeared CORE},PURSUANTTG THE PROVISION.S
-
BETTY ARMAND, who on oath says that he or she is a duly authorized representative of the SUN- 01 RSUESSECTIONIDA ATT163.3181;:
SENTINEL, a DAILY newspaper published in BROWARD/PALM BEACII/MIAMI-DADE County, OF swsrDHAVENUL,°3 THE WEST
Florida;that the attached copy of advertisement,being a Legal Notice in: OF WEST ATLANTIC AVENUE,AND LAND
LOCATED ON THE EAST SIDE OF SW 7TH
AVENUE,365 FEET SOUTH OF WEST AT �.'
LANTIC AVENUE,AS MORE PARTICULARLY
The matter of 11720-Notice Of Public Meeting DESCRIBED HEREINI REZONING AND
PLACING SAIDMND.PRESENTLY ZONED:
RM(MEDIUMDENSITY RESIDENTIAL)
Cit of Delray Beach D€STRICTTO CRO(CENTRAL BUSINESS]
City Y DISTRICT;AMENDING"ZONING MAP OF
Friday DELRAY BEACH;FLORIDA,FEBRUARY
2015%.PROVOING A GENERAL REPEALER
06/26/2015 CLAUSE,A SAVING CLAUSE;AND AN EF-
FECTIVE DATE:
Tuesday,July 7, 2015 at 7:00 p.m.
.:ORDINANCE N0.13-15
Was published in said newspaper in the issues of; Jun 26,2015 AN OF oFrHE LRCITA commis
1) 530N OF THE CITY OF DELRAY BEACH,
FLORIDA;AMENDING.THE:LAND.DEVEL-
OPMENT REGULATIONS OF.THE CITY OF
3372577 DELRAY BEACH,FLORIDA,BY AMENDING
SUBSECTION.4.5:.1{E)(6);,"RELOCATION;`.
TO ESTABLISH REGULATIONS ANP GUIDE
LINES REGARDING THE RELOCATION OF
Affiant further says that the said SUN-SENTINEL is a newspaper published in said BUILDINGS OR STRUCTURES WITHIN,To,
BROWARD/PALM BEACH/MIAMI-DADE Count Florida, and that the said newspaper has OR FROM HISTORIC DISTRICTS OR SITES
County, BY ENACTING SECTION 7:10 11; HISTDR
heretofore been continuously published in said BROWARD/PALM BEACH/MIAMI-DADE County, ICSTRUCTURER'TOFS€oN13HA STOR
Florida,each day and has been entered as second class matter at the post office in BROWARD TO PROVIDE FOR FORFEITURE Or SAME
FOR FAILURETO SUCCESSFULLY RELO.
County,Florida,for a period of one year next preceding the first publication of the attached copy of CATEA HISTORIC STRUCTURE PROVIDING
A SAVING CLAUSE,A GENERAL REPEALER
advertisement; and affiant further says that he or she has neither paid nor promised, any person,firm CLAUSE,AND AN EFFECTIVE DATE.
or corporation, any discount,rebate,commission or refund,for the purpose of securing this ORDINANCEN0.1415
adver A Ment for pub^n in the said newspaper. AN ORDINANCE OF THE CITY COMMIS
SION OF THE CITY OF DELRAY BEACH',:
FLORIDA,AMENDING.THE LAND DEVEL-
OPMENT REGULATIONS OF THE CITY OF
DELRAY BEACH,FLORIDA;BY REPEALING::
SUBSECTION 4.5.1(E)(7),"DEMOLITION"'.
BY RENAMING AND AMENDING SU.BSEC
signature of A ant TION 4.5:1(1`);"RESTRICTIONS ON'DEMOLI
TIONS,"TO S to and subscribed before me this: June 26,2015. GUIDELINES
AMEND A DINGREGTHE DEMNS AND
GUIDELINES REGARDING THE DEMOLITION
OF HISTORIC STRUCTURES;TO
(/`_! -
REQUIRE THE SUBMISSION OFA➢EMOLI
�C. TION PI:^TO REQUIRE THAT PROPERTY !
OWNERS APPLYING FOR.DEMOLITION:..,:: _
Si nq- vp� of T PERMITS TAKE CERTAIN STEPS TODOCU
y� r`Y a` �� � VENT,SALVAGE,AND RECORD HISTORIC
>w. STRUCTURES;TO ESTABLISH ADDITIONAL
MY COMMISSION fT FF2i19�J4 -�
REQUIREMENTS FOR DEMOLITION OF:. I
"�y�Pyis • EXPIf2ESMarch19,2D18 MORE THAN 25 PERCENT OFACONTRIB
UTING OR INDIVIDUALLY DESIGNATED
(d[}'/j3hiFt•0'!Gi FInn6IN0111? P-1Cc Co• STRUCTURE;BYAMENDINGSUBSE£
71ON 4.5.1(G),"UNSAFE,BUILDINGS,"TO -
REQUIRE THE CHIEFBUILDINGOFFICIAL!
Name of Notary,Typed,Printed,or Stamped TO PROVIDE THE HISTORIC PRESERVA-
TION BOARD WITH DOCUMENTATION_
Personally Known(X)or Produced Identification O REGARDING ANY STRUCTURE WITHIN`
A DESIGNATED:HISTORIC SITE OR DES-
IGNATED HISTORIC DISTRICT THAT 15
UNSAFE;PROVIDING A SAVING CLAUSE;':;'_t.,
A GENERAL REPEALER CLAUSE AND AN.
EFFECTIVE DATE
I
ORDINANCE N0.15-1.5.
AN ORDINANCE OF THE CITY COMMIS-
SION OF THE CITY OF DELRAY BEACH,
FLORIDA;AMENDING THE LAND DEVELOP-
MENT REGULATIONS OF THE CODE OF.,...
ORDINANCES BY AMENDING.SECTION
4.7,"FAMILYLNIORKFORCE HOUSING=':70
PROVIDE THE CITY COMMISSION WITH y
THF DISCRETION TO DETERMINE THE:
MOST APPROPRIATE MEANS OF MEFTING
THE WORKFORCE HOUSING REQUIRE.-
MENT FOR EACH APPLICANT,'PROVIDING
THAT THE APPLICANT MUSTELECTTHE`"`
PREFERRED-OPTION:.OR MEETING THE
Or& WORKFORCE HOUSING REQUIREMENT
AT THE TIME OF APPLICATION FOR CON,
DITIONAL USE APPROVAL;PROVIDINGA.';.::
SAVING CLAUSE,A GENERAL REPEALER
CLAUSE,AND AN EFFECTIVE DATE
ORDINANCE NO.17-15
SOUTH FLOMDA SUNSEN TINEL p SUNSET TINEL.COM Friday, Jute 26, 2015
cilY OF OELRAY BeA.CH,,FLO91DA::
NOTICE Or PUBLIC HEARING
A PUBLIC HEARM Will be held on the
following proposed ordlnahce bn TUE5-
DAY,"JULY 7,2015`.at 7.00 O.M.or.at anY'.;,'..
contin.uatioh ofsucn meeting wh€ch is.
set bythe Comhlissfan),in the Comm#s
sion_chambers laa N Vq 15tFG19n[le,
Delray Heach,Honda;at Wh[dh time the
City Commission will cohsider€ts adop
tion.The proposed Ordnance.may be
in at the efflee of the;C€ty Clerk .'
atcity Hall,100N.N!15tAv0nue Delray
B.eacFi Florida;between'80(a m and
5:OO:p.m MondaythrouglFridap,except:.
holidays. Interestod parties:are invited to
attehd and be heard with respect td the
proposed ordinance
ORDINANCE N0.1(15
ANORDINANCEAMS N61NGTHt.CODE ...
OF.Q$DINANCE9.OF THE CITY.OF DELRAY
BEACH FLORIDA;_BYAMENJDIN.GCHAP
TER 33"POLICE AICD FIRE RESCUE.DE-....
P.�RTIViENTS ATTITLE 3"PEN5161V5"BY
AMENDING SECTfON 33.6(,DEFINITIONS _
AMENDING SECT16N 33.62;BFNEFIT.. .
AMOUNTS ANDELIGIRILITY'AMENDING
SECTION336a9;::Rt1 PPEMENT:tiENEFIT :-
ENHANCEMENT;PROVIDINGFOR$E.VEft`
ASIUWY PROVIDING FOR INCLUSION IN
THE CODE,AND PROVIDING FORAN EF-:
[FECTIVE DATE.
Please be advised that IT a person decides
toappealany decision made by the City
commission with respect to any matter
considered atthis:nearing,such person
may need to enswe thata verbatim re-
cord include$the,tesfImony and evidence
dp6h;wh€ch the appeal isnty 6e;oasad
The City does not prov€de Aor prepare
such�tecord pUt$Oant to FSi296 0105. `.
CITY OF DELRAY BEACH .. '.'. ....
Cheveile D.Nubin MMC
city Gferk..
Friday;:Jun e:26;.2015
a`SOUTf 1 f=f ORfQA SUNSENTfNEL m Sl1NSEfVTfIEL.COM , Friday, Ju�1e 26,:2015.
W- 0 K_
-CITY 00 DE[RAY BEACH FLORIDA
NOTICE OF PUBLIC}HEARING
A PUBLIC HEARING will be held 0n the
fc116wmg proposetl Ordln&Hees onTUES
DAY,JULY 7,2015 at 7.00 p..M or at anY.
continuation of'such meeting. it. is set
::by the COmmission),in theC6mmissior
Cumbers'100 N.W.1stAyenue Delray;
Beach,Florida,at which time tha Cty
Co nmiSsjon.wiII considerfh6.r od0p-
tion.The prep oeedordtnancemaybe
inspected at tire Offlce o4 the 010 1M
at City Hal),100 N W.15tAuenue,Delray ORDINANCE NO;1:5,15
Beach Flonda between 8:00 a m,and
ANORDINANGERF THFn C!'F'Y COh/MIS
S:oo p m Mo,iday thrOUgh Friday except 514N OF THE CITY OF.DELRAY BEACi. _',
Holidays. Intehested parties are InUiteo t0� FLORIDA,AMENDING THE:LAND DEVELOP-
attend and be:heard with respect to the MENT REGULATIONSOFT
. HE CODE OF
'proposed ordinances. ORDINANCES,BY AMENDING SECTION '.
ORDINANCE N0.12-15 4.7;:"rAMILYMORKFORCE:NOUS€NG"Tf)'
... .... PROVIDE THE GITY COMMISSION.WITl4.
THE DISCRETION TO DETERMIE THF .'"
AN ORDINANCE OF THE CITY COMMIS- : MOS TAPPROPMA.TE MEANSO.F MEETING
SION OFTHE.CITY OF DELRAY BFACH; THE WORKFORCE HOUSING REQUIRE-
FLORIDA ADOPTING A SiNP.LL"SCALL: MENT FOR EACH APPLICANT;PROVIDING -
-.FUTURELANQUSEMAPAMENDNIk'.NF -THATTHE-APPLICANT:MUST FLECT.THE
FROM MD(MEDIUM DEN5ITY RESIDEN PREFERRED.OI:."f30N OR ME£TINQ'THE
TIAL 5-12 DUMC)TO CC(COMMERCIAL WORKFORCE HOUSING.:REQUIREMENT
CORE),PURSUANT TO-THE PROVISIONS AT.THE TIME OF'-APPLICATION FOR CON_.
OF THE"COMMUNITY PLANNING ACT", D.MON AL USE.APPROVAL,.PROVIDING A:
FLORIDA STATUTES SECTION,�63,31ff7, SAVING CCAU.SE,A GENERAL REPEALER-''
FOR.LANDLQCATEDONT.HEWESTSIDE CIAUSEANDANEFFECTIVEDATE.
QFSW&H'AVENUE,334FEETSOtLTH, .'.
OF WEST ATLANTIC AVENUE,AND LAND ORDINANCE N0.17-15
LOCATED ON:THE.EASTSIDE OF SW 7TH:.
AVENUE;365FEETSOUTH OF WEST AT
AN THE CITY COMM€S-
LANTIC AVENUE,AS MORE PARTICULARLY TION OF THE CITY QF DELRAY BEACH, -:
DESCRIBED:HEREIN,AND;REZONINGAND: FLORIDA,AMENDINGTITLE�:1"GENERAL':
PLACING SAID'LAND PRESENTLY ZONED OFFENSES",OF-.THE CODE:OF OR01-.
RM(MEDIUM DENSITY RE%DFNTkAL)..:. NANCES OF THE CITY OF DELRAY BEACH,:
DISTRICT;7QCBD(CENTRAL BU$IN£SS) 3Y-'CREATINGA. NEW'5ECf10N137,,"CIVIL:-
DISTRICT;:AMENDING"ZONINGMAP OFIRIGHTS°,:PROVIDING FOR.NON-DfSCRII
DELRAY BEACH,FLORIDA,FEBRUARY fN.4TIQN WITHIN.THE CITY;PROVIDING A.:
2015;PRMIDING A GENERAL REPEALER;: GENERAL REPEALER CLAUSE;SAVING
CLAUSE,A.SAVING CLAUSE AND AN'EF-> CLAUSE AND;AN EFFECTIVE RATE..
FECTtVE-OiATE.
Please ce advised that If a person decides
ORDINANCE.NQ.13-15 to appeal anydocislOn made by the.City::
Cornmissl0n with respect to any matter
AN ORDINANCE OF THE.CITY COMMIS- Considered at this hearing,such person
SION OF ME CITY OFDELRAY BEACH may heed t0 ensure that a verbatim rE-
FLORIDA;AMENDING.THELAND DEVEL cord lrclUde..s.the.testimony.andevidence,.
OPMENTREGULATIONSOF THECITY.Or._< upon whichthe.appeal isto;be based:
DEBEACH; BY AMENDING` THe;CitydoesRotprovideiiorprepare
SUBSECTION 4.5.1(E)(6V'RELOCATION; r SUCK record pur5uant to F.S 286.0105.:::
TO ESTABLISHREGULATIONSANDGUIDE- ;
LINES REGARDING THE RELOCA710N OF CITY OF DFLRAYBEACH
BU
IL
D
GSORSTRUCTUR£SW€THIFI,TO, Chevalfe;D;,NUh(t7 MMC
ORFROMNI570RICDIS 7RICTSORSkTES; CityClerk
BY ENA"NG SECTION 7 10.11,"HISTOR 04/26/2415
fC STRUCTURES,"TO ESTABLISH A.HISTOR
IC STRUCTURE RELOCATION BOND,AND
TO PROVIDE FOR FORFEITURE OFSAME
FOR FAILURL70 SUCCFSSFULLY RELO
CATE A=HISTORIC STRUCTURE;PRDVIDING
A SAVING CLAUSE,A GENERAL REPEALER
CLAUSE,AND AN EFFECTIVE DATE;.
ORDINANCENG 14-15
AN ORDINANCE OFTHE CITY COMMIS
SIGN OFTHE CITY OF DELRAY BFACH
FLORIDA,.AMENDINGTHE LAND DEVEL
OPMENT REGULATIONS.OF,THECITY QF
DELRAY.BEACH,FLORIDA BY REPEALING
SUBSECTION 4.511(F)(711 DEMOLITION
BY RENAMING AND AMENDING:$UBSEC
TION 4.5.1(F)°RESTRICTIONS ON DEMOLI
TIONS;`TO AMEND REGULATIONS AND
GUIDELINES REGARDING THE DEMOLITION
OF HISTORIC STRUCTURES TO
REQUIRETHE SUR MISSION OF A DEMOLI-
TION PLAN,TO REQUIRE THAT PROPERTY
OWNERS APPLYING FOR DEMOLITION
PERMITS:TAKE CERTAIN STEPS TO ROCU
MENT,-SALVAGE,AND RECORD HISTORIC
STRUCTURES;TO ESTABLISH ADDITIONAL
REQUIREMENTS FOR DEMOLMOR OF
MORE THAN 25 PERCENT OFA CONTR€B-
UTNG OR INDIVIDUALLY DESIGNATED
STRUCTURE,BY AMENDING SUBSEC-
TION 4.5.1(G);."UNSAFE BUILDINGS,.TO._
REQUIRE THE CHILE BUILDING OFFICIAL
TO PROVIDE THE HISTORIC PRESFRVA
TION BOARD WITH.DOCUMENTATION
REGARDING ANY STRUCTUREWITHIN
A DESIGNATED HISTORIC SITE OR DES
IGNATED HISTORIC.D&RICTTHAT IS
UNSAFE FROVIDfNGASAVVNGC.1AUSE
A GENERAL REPEALER.CLAUS£AND AN.
EFFEI DATE