Ord 20-15ORDINANCE NO. 20-15
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING THE LAND
DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY
BEACH, BY AMENDING SECTION 2.4.3, "SUBMISSION
REQUIREMENTS", SUBSECTION (1), "FEES", PARAGRAPH (1),
"DEVELOPMENT APPLICATIONS" TO INCREASE THE
DEVELOPMENT APPLICATION FEES AND PROVIDING FOR A
COST RECOVERY PROVISION AND FAST-TRACK. REVIEW FOR
CERTAIN APPLICATIONS, AND PARAGRAPH (3), "PERMIT
FEES", SUBSECTION (f), "SIGNS AND SIGNING"; PROVIDING A
SAVING CLAUSE, A CONFLICT CLAUSE, AND AN EFFECTIVE
DATE.
WHEREAS, the City Commission established three year operating goals in 2015 including
increasing revenue from fees and services to full cost recovery levels and maximize revenue from
existing non -revenue fees,
WHEREAS, the revenue for the Planning and Zoning Department is from development
applications which are privately -initiated ranging from site plans to signs;
WHEREAS, the last increase to the City of Delray Beach's development application fees was
made in 2011 and previously updated every two years as directed by the City Commission in 2003;
WHEREAS, the City of Delray Beach's current development application fees do not provide
a full cost recovery of the administrative expense of processing and therefore requires a significant
subsidy from the City's general fund, also known as its ad valorem tax fund;
WHEREAS, the City Commission desires to increase these fees to full cost recovery and the
proposed fees in this Ordinance increase the fees to a level appropriate based upon a comparison of
certain municipalities and a review of the administrative expense associated with the application
processing and review;
WHEREAS, a review of the development application fees of comparable municipalities based
upon population, location, and development activity, including Boynton Beach, Boca Raton, Fort
Lauderdale, West Palm Beach, Wellington, Lake Worth, Palm Beach Gardens, and Jupiter was
conducted;
WHEREAS, pursuant to LDR Section 1.1.6, the Planning and Zoning Board reviewed the
proposed text amendment at a public hearing held on August 17, 2015, and voted 5 to 0 to
recommend that the changes be denied;
WHEREAS, pursuant to Florida Statute 163.3174(4)(c), the Planning and Zoning Board,
sitting as the Local Planning Agency, has determined that the change is consistent with and furthers
the goals, objectives and policies of the Comprehensive Plan;
WHEREAS, the City Commission of the City of Delray Beach adopts the findings in the
Planning and Zoning Staff Report; and
WHEREAS, the City Comn-)fission of the City of Delray Beach finds the ordinance is
consistent with the Comprehensive Plan.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the recitations set forth above are incorporated herein.
Section 2. That Section 2.4.3, "Submission Requirements", Subsection (K}, "Fees",
Paragraph (1), "Development Applications" of the Land Development Regulations of the City of
Delray Beach, Florida, be and the same is hereby amended to read as follows [text fomatted witb
underline is to be added; textformatted with strike-tbrougb is to be deleted]:
(1) Development Applications: The following fees shall be charged for
development applications. All fees are cumulative and separate unless otherwise indicated.
Combined applications shall provide multiple fees.
Fees amended by [Ord 23-12 8171121; [Ord X23-11 711911.x]; [Ord. 51-09 10120109];
[Ord 33-09 8141091; [Ord. 23-09 51291091; [Ord. 08-09 21171091; [Ord 56-08 1/6109];
[Ord 38-08 9116108]; [Ord 07-08 219-08]; [Ord 47-07 10-16-07]; [Ord 44-07 9/18107];
[Ord. 25-07 81211071; [ Ord. 80-06 1121071; [Ord. 49-05 81161051; [Ord 68-04 1141051;
[Ord. 13-03 61171031; [Ord 5097 11118197]; [Ord. 46-95 915195]
(a) Comprehensive Plan Amendment
(b) Review of a ADA/DRI
$2,760
$0
$0
$1,220 (4)
$2,100
$2,100
$1,655
$675
2 ORD. NO. 20-15
Modification of a DRI
(c)
Voluntary Annexation with
Zoning
(d)
Rezoning of Land
(e)
Modification of a SAD Ordinance
to add a use or uses
(f)
Conditional Uses, New
Application
Modification requiring Board
$2,760
$0
$0
$1,220 (4)
$2,100
$2,100
$1,655
$675
2 ORD. NO. 20-15
(g)
z
(k}
(l)
Review
Master Plans
Master Plan Modification
Formal review of a Sketch Plan
[Section 2.4.1(B)]
Similarity of Use
Site Plan Review:
Class I (Non -Impacting
Modification)
Class H (Non -Impacting with
Board Review)
Class III (Nlirior Modification)
Class IV (Major Modification)
Class V (Neer Submission)
Extension requests for a previous
conditional use, site plan or master
development plan
Class I Site Plan Modification
Class II Site Plan Modification
Class Il Site Plan Modification
Class III Site Plan Modification
Class IV Site Plan Modification
Class V Site Pian Modification
Master Development Plan
Master Plan Modification
Conditional Use
Conditional Use Modification
Certificate of Appropriateness for
Minor Development
Certificate of Appropriateness for
Major Development
Plats
Minor Subdivision
Major Subdivision
Plat Recording Fee
(m) Abandonments
Right of Way
General Easements
Specific Easements
(n) Master Sign Program
$1,400 (1)
(5)
$675
$340
$200
$400
$610 (1)
$1,010 (1)
$1,400 (1)
(12)
$65
$130
$305
$408
$675
$675
$675
(5)
$830
$340
$35
$295
$1,010 (1)
$2,020 (1)
(3)
$830
$410
$205
$170
3 ORD. NO. 20-15
(o)
Variances
(z)
Board of Adjustment
(aa)
Historic Preservation Board
(p)
Formal Interpretation by the
Board of Adjustment (per item)
(q)
Certificate of Appropriateness by
(bb)
Board
Minor Development
Major Development
(r)
Certificate of Appropriateness by
Staff
(s)
Request for 1 istotic Designation
(dd)
Request for change of Historic
Designation or Classification
(t)
Heating before the Board of
Adjustment (per item)
(u)
Temporary Use. Request involving
City Commission Action
(v)
Water Service Agreement Request
without concurrent site plan
with concurrent site plan
(w)
Land Development Regulations
Text Change
(x)
Waivers and IntemalAdjustzxaents
(y)
Appeals by Applicant
(z)
Advertising
(aa)
Zoning Verification Letter
Interpretation of existing LDRs
Requiring Research for Previous
Development Activity
(bb)
North Beach/Seagate and Ocean
Neighborhood Overlay District
Review
(cc)
Application Fee for In --Lieu Of
and Public Parking Fee
Requests
(dd)
Ad Valorem Tax Exemption
(Review Concurrent with COA
Review)
Ad Valorem Tax Exemption
$555
$265
$70
(14)
$65
$585
$0 (13)
$65 per property
$65 per property
$70
$150
$150
$0
$1,655
$150 (6)
$280 (7)
$375 (8)
(9)
$65
$140 plus $35 per bt in
$1610 (1)
255 (10)
$0
4 ORD. NO. 20-15
NOTES:
(1) Plus an additional fee of $100 per acre, (or fraction theteo�, beginning at 3.01 acres;
or $100 for each new 10,000 sq. ft. (or fraction thereof) above 100,000 sq. ft. of non-residential or
i ixed--use floor area; or $50 for each new 10 residential units (or fraction thereof) above 100 units,
whichever is greater, up to a maximum of 33,000 per project. [Amd. Ord. 33-09 8/4/091; [Amd.
Ord. 50-97 11/18/971; [Amd. Ord. 46-95 9/5/95]
(2) This fee shall be credited against any other processing fee which may be applicable to
the request.
(3) $30.00 for the first sheet of the plat, $15.00 for each additional sheet, or as modified
from time to time by Paha. Beach County, payable to Palm Beach County. [At d. Ord. 46-95
9/5/95]
(4) Fee may be waived by the City Manager, for properties that have already been
developed, or for sites under one (1) acre in size. [Amd. Ord. 50-97 11/18/971
(5) Same fee that would apply for site plan modification. [Amd. Ord. 50-97 11/18/971
(6) For requests made during the site plan / master plan review process. [Amd. Ord.
50-97 11/18/971
(7) For requests made subsequent to the site plan / master plan review process. [Amd.
Ord. 50-97 11/18/97]
(8) Includes appeals of both administrative decisions and Board -actions. [Amd. Ord.
50-97 11/18/97]
(9) The Applicant shall be responsible for all advertising fees including newspaper
publications. The applicant shall provide pre -addressed envelopes with the requited postage for
rnailed notices. If the requited advertising fees are not paid at least four days (4) prior to the hearing,
the presiding body, shall postpone action on the application until such fees are paid. In the event such
postponement results in additional mailing or publication costs, the applicant shall be responsible for
ORD. NO. 20-15
(Review after CO received
$65
for approved development)
(ee)
Re -submittal Fee will be charged
210 (15)
on the 3rd and
subsequent re -submittals
(ff)
Legal Review of Documents (per
$160
document)
(gg)
Applicant's request for
Postponement/Continuance
(per request)
$80
(hh)
Stand Alone Bars (per request)
$55
(ii)
Automatic Extension Requests
$105 (12)
(per Senate Bill 360)
(jj)
Redevelopment Plan Modification
$2,760
NOTES:
(1) Plus an additional fee of $100 per acre, (or fraction theteo�, beginning at 3.01 acres;
or $100 for each new 10,000 sq. ft. (or fraction thereof) above 100,000 sq. ft. of non-residential or
i ixed--use floor area; or $50 for each new 10 residential units (or fraction thereof) above 100 units,
whichever is greater, up to a maximum of 33,000 per project. [Amd. Ord. 33-09 8/4/091; [Amd.
Ord. 50-97 11/18/971; [Amd. Ord. 46-95 9/5/95]
(2) This fee shall be credited against any other processing fee which may be applicable to
the request.
(3) $30.00 for the first sheet of the plat, $15.00 for each additional sheet, or as modified
from time to time by Paha. Beach County, payable to Palm Beach County. [At d. Ord. 46-95
9/5/95]
(4) Fee may be waived by the City Manager, for properties that have already been
developed, or for sites under one (1) acre in size. [Amd. Ord. 50-97 11/18/971
(5) Same fee that would apply for site plan modification. [Amd. Ord. 50-97 11/18/971
(6) For requests made during the site plan / master plan review process. [Amd. Ord.
50-97 11/18/971
(7) For requests made subsequent to the site plan / master plan review process. [Amd.
Ord. 50-97 11/18/97]
(8) Includes appeals of both administrative decisions and Board -actions. [Amd. Ord.
50-97 11/18/97]
(9) The Applicant shall be responsible for all advertising fees including newspaper
publications. The applicant shall provide pre -addressed envelopes with the requited postage for
rnailed notices. If the requited advertising fees are not paid at least four days (4) prior to the hearing,
the presiding body, shall postpone action on the application until such fees are paid. In the event such
postponement results in additional mailing or publication costs, the applicant shall be responsible for
ORD. NO. 20-15
the additional fees. [Ord. 44-07 9/18/07]; [Amd. Ord.. 25-07 08/21/07]; [Amd. Ord. 50-97
11/18/97]
(10) If approved, this fee will be credited toward the associated site plan modification.
[Amd. Ord. 80-06 1/2/071
(11) Recording fees of any documents shall be paid by the Applicant. [Arad. Ord. 25-07
08/21/07]
(12) Two fees are required if both a Conditional Use and Site Plan or Site Plan
Modification are being extended for one project. [Amd. Ord. 38-08 9/16/08]
(13) There is no fee if the item is listed as an application permitted for Staff approval.
[Amd. Ord. 38-08 9/16/081
(14) Certificates of Appropriateness not associated with a Site Plan, Site Plan
Modification, and/or Conditional Use. [Amd. Ord. 38-08 9/16/081
(15) Re --submittal fees are only assessed if the 3rd and subsequent re -submittals are
required because initial technical comments were not addressed in previous submittals and are not a
result of new comments or revised proposals necessitated by staff comments. [Amd. Ord. 33-09
8/4/09]
6 ORD. NO. 20-15
Abandonment easement row (specific}
IM00-0
b
Abandonment of easement row (generQ
3 Lo
4c�
Abandonment of right of wad
$3,000
f dl
Ad Valorem tax; Historic
100
,ee
Address—NewAssigrnnent
100
Annexation - Volun
1&000
Appeals -Administrative and all boards
1 000
li
Beach Overlay Fee (IST. Beach/Seagate and Oceans
$2,000
Beach Pro.ject Zoning Verification Letter
250
Blanket Sign Program
250
.X
Blanket Sign Program Amendment
$150
Site Plan Review
Class T
$500
Class 11
750
6 ORD. NO. 20-15
Class III IL—500 w
Class IV $3,000 W
,(1) Reduced to $4,000 with
Class V 35,00-0 t Iior sketch flan. review
within one Year
Color Cl an e -- SPRAB A roval Re cited
100
Commercial Parking Lot Perr it
$1;000
Comb Plan Amendment/FLUM (la. c scale
$10,000
Comb Plan Amendment/FLUM (small scale)
5 000
Comm Plan Text Amendment — Text Amendment
15,000
w
Condirional Use
3 AN
SO
Conditional Use Amendment
$1,500
Extensions
Class I - Extension
150
Class H - Extension
250
Class III - Extension
500
Class IV - Extension
$1,000
Class V - Extension
IL500
Extension -- COA Major
500
Extension — Extension Minor
150
Extension - Conditional Use
$1,000
Historic COA MaWor
$1,000
(v�
Historic COA Minor
500
jw�
Historic A -peal
750
o
Historic COA Relocation
3585
Historic Demolition (change: Principal or greater than 25%
iL 500
Historic Demolition: Access= or less than 25%
750
7
ORD. NO. 20-15
as
Historic Designation - District
250
b�b
Historic Designation/Change {change: individual
250
cc
In Lieu of Parking Fees
500
Land Development Text Amendment
$5,000
ee
Master Plan
$3,000
a
Master Plan _ Amendment
tl,500
Master Sign Modification (SPRAB)
250
ojb�
Master Sign Program
500
Off Site ParldngAgreements
500
Pet 10 Pages
Plat Mayor Subdivision
$3,000
l�k
Plat–Mirror Subdivision
$1,500
lel
Postponement Request
150
mm
Public Notice. Signs
100
Per si n
nn
RedevelMment Plan Modification
5000
oo
Resubmittal Fee {3rd and subsequem�
15DWO
Rezoning/SAD
$5,000
c�
Similarity of Use -- Determination
500
rr
Sketch Plan - Formal Review
$1,500
ss
Stand Alone Bar
500
{
Te!=orary Use - Request - City Commission
300
uu
Variance – Historic Preservation Board/BOA
1115-0-0
Waivers –Administrative
500
Pet waivet
�wu
Waivers after site or master plan submittal
V,500
�x
Waivers during site or master plan review
1 000
�y4
Water Service Agreement – without concurrent site Plans
500
zz
Zoning Verification letter/LDR Intemretation
250
8
ORD. NO. 20-15
NOTES:
1 Plus an additional fee of 100 per acre or fraction theteo beginwng at 3.01 acres;
or 100for each new 10,000 sq. ft(or fraction thereo above 100,000 sq. ft of non residential or
mixed-use floor area,• or 50 fox each new 10 residential units or fraction thereoD above 100 units
whichever is greater, Lip to a maximum of $3,000 per pio.ject.
2 Fee may be waived b the Ci Mana er for ro erties that have alread been
developed, or for sites under one (1) acre in size
3 The Applicant shall be resl2onsible for all advertising fees includin news a er
publications. The applicant shall provide re -addressed envelopes with the re aired osta e for
mailed notices If the required advertising fees are not paid at least four days4prior to the hearing,
the presiding body,sha�ostpone action on the application until such fees are paid. In the event such
postponement results in additional mailing or publication costs the =12licant shall be responsible for
the additional fees.
4 Reco-rding fees of an documents shall be paid b the A licant.
5 An applicant ma file are nest with the Planning & Zoning Director for the
development 0lication review to be performed by an outside consultant selected by the Cjjy of
Delray Beach to provide a fast -tracked review. If the request is approved b the Director, the
applicant sh-aRpgy j2dor to review an initial j2relkiainaa de osit of $10,000.00, which shall be credited
toward the overall costs and shall 12gy additional de osits of half of the initial dgposit whenever the
account balance is 20% or less of the orifi nal deposit. The review costs shall cover 120%n of the total
administrative and outside consultant fees requited for the review. At the time the Director
determines that no further action is necessM for the review of the request, any remaining funds shall
be refunded to the applicant within two Q months of the determination.
Section 3. That Section 2.4.3, "Submission Requirements", Subsection (q, "Fees",
Paragraph (3), "Permit Fees", Subsection (�, "Signs and Signing" of the Land Development
Regulations of the City of Delray Beach, Florida, be and the same is hereby amended to read as
follows [text formatted avith underline is to be added; text formaited with strike -through is to be cleletea :
(f) Signs and Signing
Application Fee
$
25
Minimum Permit Fee
$
25
Permit Fee, non -electric
$
3/sq.ft./£ace
Permit Fee, electric
$
20 Plus$3/sq.ft./face
Master Sign Permit Fee
$
150
Master Sign Permit Modification
requiring SPRAB action
$
75
Banner Permit
$
50 each
ORD. NO. 20-15
Section 4. That should any section or provision of this ordinance or any portion thereof,
any paragraph, sentence, or mord 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 5. That all ordinances or parts of ordinances in conflict herewith, be and the same,
are hereby repealed.
Section 6. That this ordinance shall become effective immediately upon its passage on
second and final reading.
PASSED AND ADOPTED in regular session on second and final reading on this the 6th
dap of October, 2015.
ATTEST \ ��
City Clerk
I First Reading: SMteY_ tuber 15; 2015
Second Reading: October 6 2015
MAYOR
10 ORD. NO. 20-15