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10-97 ORDINANCE NO. 10- 9 ? AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING PROVISIONS OF THE CODE OF ORDINANCES AND LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH PERTAINING TO WATER AND SEWER FEES, INCLUDING SECTION 52.39, ~OTHER FEES", OF THE CODE OF ORDINANCES TO PROVIDE FOR THE DELETION OF THE PROJECT PLAN REVIEW FEE; TO PROVIDE FOR A DECREASE IN THE PROJECT INSPECTION FEE; TO PROVIDE FOR RE-LETTERING THE SECTION; AMENDING SUB-SECTION 2.4.3(K), "FEES", OF THE LAND DEVELOPMENT REGULATIONS TO PROVIDE FOR THE DELETION OF THE WATER SYSTEM IMPACT FEE; DELETING SECTION 5.3.3(G), ~IMPACT FEE REQUIRED" OF THE LAND DEVELOPMENT REGULATIONS; PROVIDING REFERENCES TO THE CITY CODE OF ORDINANCES FOR WATER SYSTEM CONNECTION FEES, METER INSTALLATION FEES AND SEWER SYSTEM CONNECTION FEES; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, the City of Delray Beach is authorized to collect fees to cover the administrative cost of reviewing water and sewer plans; and WHEREAS, the current project inspection fee of 3% of the cost of water and sewer improvements is too burdensome for some developers; and WHEREAS, the City Commission finds that an inspection fee of 2% of improvement costs should more accurately reflect the actual administrative cost; and WHEREAS, other fees, including the water system impact connection fee, and sewer system connection fee as included in the City's Land Development Regulations, need to be revised. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, AS FOLLOWS: Section 1. That Title V, "Public Works", Chapter 52, "Water", Section 52.39, "Other Fees", of the Code of Ordinances of the City of Delray Beach, Florida, be, and the same is hereby amended to read as follows: (A'}. . ,~--/mx Project Inspection Fee. The Environmental Services Department will estimate the construction cost of the water and sewer improvements to be inspected. The inspection fee will be charged to the project owner and will be calculated as construction cost of water and sewer improvements x 3.9% 2.0%, but in no case less than $25.00. In addition, for all water and sewer inspections, taking place after normal Environmental Services business hours, the project owner will pay all :-~r,-,---,--*~'" ~'~..,,.~ additional insvection, fees at an overtime rate of $40.00 per hour per inspector. Fees will be billed to project owner periodically and the project owner shall pay all fees w41Mse-l~id before the certificate of occupancy is issued. 1]33/r,x,~.../ Utility Standards Fee. The charge for the minimum construction standards book (Utility Standards) issued by the Environmental Services Department is $25.00. (C~. . ,~,rr"x Late Payment. In the event water use charges become delinquent and/or water services are discontinued by the city, said services shall not be restored until all delinquent charges plus a five dollar ($5.00) penalty for late payment and shut off and reconnection charges are paid in full. LI~,~,fx:~ Meter Reread Charge. There will be a charge of $15.00 for each meter reread requested by a customer. If the meter reading is in error in favor of the customer, the account will be adjusted accordingly and the $15.00 service charge shall be waived. ~ W)Removal of Service Line. There will be charge for the removal of the service line based on the actual cost (labor and materials) plus a ten percent (10%) surcharge, or $100.00, whichever is greater, per occurrence. (F) fr._x Reinstallation of a Service Line. In the event that a service line has been removed for non-payment of charges, there will be a charge for reinstallation of a service line based upon the actual replacement cost (labor and materials) plus a ten percent (10%) surcharge, or $100.00, whichever is greater, per occurrence. (G~,_ . ,-tm-/Destruction of Meter and/or Related Equipment. In the event of any damage to meters and/or other appliance or appurtenace, there will be a charge based upon actual replacement cost (labor and materials) plus a ten percent (10%) surcharge, or $100.00, whichever is greater, per occurrence. 2 ORD NO. 10-97 (FI) ¢) Fee for Maintenance of Improvements within Right-of-Way. In the event the City places landscaping improvements and irrigation systems to maintain the landscaping improvements within the right-of-way, the City Commission may impose a fee to cover the cost of providing water to maintain the improvements and to provide for the cost of installing and maintaining a sprinkler or other irrigation system. The City Commission may authorize the payment of a fee to be collected monthly and to be included on the monthly water bill for property owners whose property adjoins the right-of-way in which the City installed the landscaping improvements. The fee shall be $5.00 per parcel located adjacent to the right-of- way. ~. That Chapter Two, "Administrative Procedures", Article 2.4, "General Procedures", Section 2.4.3, "Submission Requirements", Subsection 2.4.3(K), "Fees" of the Land Development Regulations of the Code of Ordinances of the City of Delray Beach is hereby amended to read as follows: (4) Impact and Connection Fees: ,'r.,.. ..... ....., . ...,..,.,..,..:~:^- ? . e in , CiD ' ¢~,:n~ ,~ ~~.---.., ,.,,DC'TT ~*.,-,.~,.,,,,.~ 1:;%.~, ~,-., ~.., t~;~-,, ~1 ~":J "/'K / T:)"I~"TT (_d~ ~ Water System Connection Fees: Refer to Section 52.31. City_ Code of Ordinances. for water system Meter Installation Charge: Refer to Section 52.32. City. Code of Ordinances for meter installation fees. 3 ORD NO. 10-97 ~ (-f) Sewer System Connection Fees: Refer to Section 53.130(B). City. Code of Ordinances. for residential and commercial sewer system connection fees. (5) User Fees: User charges and storm water assessments are applied through monthly billings by the City. (a) Water System User Fees: See Chapter 52 of the Code of Ordinances of the City of Delray Beach, Florida. Co) Storm Water Drainage Utility Fee: This fee is variable depending upon the type of use and amount of impervious area associated with its development. Please refer to Section 56.16 of the City Code for further information. (c) Sewer System Fees: See Chapter 53 64 of the Code of Ordinances of the City of Delray Beach, Florida ~. That Chapter 5, "Subdivision Regulations", Article 5.3, "Dedication and Impact Requirements", Section 5.3.3, "Water and Sewer Systems", Subsection 5.3.3(G), "Impact Fee Required", of the Land Development Regulations of the City of Delray Beach is hereby deleted in its emirety. 4 ORD NO. 10-97 Section 4. That all ordinances or parts of ordinances in conflict herewith be, and the same arc hereby repealed. ~. That should any section or provision of this ordinance or any portions 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 pan thereof other than the pan declared to be invalid. ~Aio. n_6. 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 18th day of February ,, , 1997. ATTEST: City Clerk .... -/- ' / First Reading February; 4, 19 9 7 Second Reading February 18, 1997 fee.ord 5 ORD NO. 10-97 [lTV JIF [IELRII'i' BEIICH CiTY ATTORNEY'S OFFICE ,.~ ?-iW 1~,~ A\'i:i;;U~'~ i)[/i. RAY BEAC}t, FLORIDA 33444 iY..~.CS!t:l ILE Writer's Direct Line: (561) 243-7090 Df[RAY BFACH Ali. America City MEMORANDUM ,anua , 1993 TO: City Commission FROM: David N. Tolces, Assistant City Attorn~ SUBJECT: Revisions to Title V, Ch. 52, Code of Ordinances and LDR Sections 2.4.3 and 5.3.3 The proposed ordinance revises Section 52.39 of the Code of Ordinances regarding plan review and inspection fees which the City charges. The reduction from 3 % to 2% of project costs will lower the costs to the developer who is currently paying approximately 6.27% of the project costs in fees to the City. The attached memo from Richard Hasko explains the reasons for the revisions. The revisions proposed in Section 2 of the ordinance will assist in keeping a uniform fee schedule in the City's codes. At the current time, the water and sewer connection fees and meter installation charges are contained in two different sections. By deleting the fee from the LDR's, it will be easier to amend the fee in the future, and there should not be any discrepancy as to the correct fee to be charged. Section 3 of the ordinance deletes the impact fee requirement for water and sewer systems. The fee is being deleted as, currently, the City does not collect the fee. Impact fees were replaced by the connection fees referenced in If you have any questions, please call. Section 2. At first reading on February 4, 1997, the Commission passed the DNT:smk ordinance by unanimous vote. Attachments ~001¢~ cc: David T. Harden, City Manager ~0~/gTI ~1 }~]c//) Sharon Morgan, City Clerk's Office /~ ~ ~ Richard Hasko, Assistant City Engineer Diane Dominguez, Director of Planning & Zoning inspect.ant /0' ~ ' Pti?ted on F~ecycle:! PaFe TO: DAVID T. HARDEN, CITY MANAGER DIANE DOMINGUEZ, DIRECT FROM: DEPARTMENT OF PLANNING~ND ZONING SUBJECT: CITY COMMISSION MEETING OF FEBRUARY 4, 1997 AMENDMENT TO THE LAND DEVELOPMENT REGULATIONS SECTIONS 2.4.3(K) AND 5.3.3(G) - WATER & SEWER CONNECTION FEES DATE: JANUARY 29, 1997 This memorandum is provided as an addendum to David Tolces' memorandum on this subject, in order to inform the City Commission that the amendments were reviewed by the Planning and Zoning Board at its meeting of January 27, 1997. The Board on a 7 to 0 vote recommended that the City Commission approve the proposed LDRs changes as contained in the attached ordinance. If you have any questions, please call. MEMORANDUM TO: David Tolces Asst. City Attorney FROM: Richard C. Hasko, P.E.kx,.~~ Asst. City Engineer SUBJECT: REVISIONS TO TITLE V, CH.52,CODE OF ORDINANCES AND LDR SECTION 2.4.3 DATE: December 20, 1996 Insofar as I will be absent from the City from December 23 until January 6, 1997, I would appreciate your assistance in coordinating placement of the subject City Ordinance and LDR revisions on the January 7, 1997, City Commission Agenda for first reading. As we have previously discussed, Chapter 52.39 of the Code of Ordinances establishes Plan Review and Inspection Fees of 2% and 3%, respectively, of the cost of water and sewer improvements to be assessed by Environmental Services Department to recoup the City's cost for these services from developers. It has been brought to our attention that the Building Department assesses plan review fees as part of the building permit fee at the rate of 1.27% applied to project costs, including water and sewer costs. This brings the total fee assessed by the City for water and sewer plan review and inspections to 6.27% of associated project costs. A survey of other local municipal fee structures, e.g. Boynton Beach, Boca Raton and Palm Beach County, indicate that Delray's fees are significantly higher for comparable service. To bring our fee structure into line with other municipal rates and bearing in mind that the fees need only cover the City's cost of providing the subject service, we propose revising Chapter 52.39 as follows: a.) Delete ESD plan review fee of 2%. b.) Reduce inspection fee from 3% to 2%. Plan Review Fees assessed by the Building Dept. are adequate to cover the cost of that service performed by Engineering. With regards to necessary revisions to LDR Section 2.4.3, this section simply needs to be brought up to date with current codes. The attached memo from the City Manager outlines the necessary revisions and explanation of need. RCIadgm Att: 1 cc: David T. Harden, City Manager Diane Dominguez, Planning/Zoning C. Danvers Beatty, P.E-, City Engineer Alison MacOregor-Harty, City Clerk file: Code of Ordinances/LDR revisions file:s/eng/eng/mem°/dick/c°ldrre¥'d°c MEMORANDUM TO: Diane Dominguez, Director of Planning and Zoning FROM: David T. Harden, City Manager SUBJECT: Water and Sewer Connection Fees DATE: December 17, 1996 It has come to my attention that the LDR's in Section 2.4.3(K)(4)(d) still shows Water System Transmission and Storage Fees. These fees were repealed and replaced by the Water System Connection fees which are shown in Section 2.4.3(K)(4)(e). Therefore, the Transmission and Storage Fees need to be deleted fi:om the LDR's. This change also requires the repeal of Section 5.3.3(0) from the LDR's. Also, the Sewer System Connection Fees shown in the LDR's Section 2.4.3(K)(4)(f) are not current. The current Connection Fees, as shown in Section 53.130(b) of the City Code, are $1084 for a residential trait or $1084 per equivalent residential connection for non-residential connections. Furthermore, LDR's Section 2.4.3(K)(5)(c) refers readers to Chapter 54 of the City Code for Sewer System User Fees. Chapter 54 has been repealed and all sewer matters are now contained in Chapter 53. You may want to simply reference the City Code for Water and Sewer Connection Fees rather than repeating them in the LDR's, but I will leave that up to you, whatever is easiest for the people who are actually administering the Code. Please ensure that these changes are made as soon as possible. DTH:kwg cc: Dick Hasko .. '~ .... /~': 2' Pilc:u:gr~mn/angr t-~-- . .. MEETING OF: JANUARY 27, 1997 AGENDA ITEM: V.F AMENDMENT TO THE LAND DEVELOPMENT REGULATIONS SECTIONS 2.4.3(K)(4)(d),(e)&(f); 2.4.3(K)(5)(c) and $.3.3(G) REGARDING WATER AND SEWER IMPACT, CONNECTION AND USER FEES The item before the Board is that of recommending to the City Commission approval of amendments to Sections 2.4.3(K)(4)(d),(e)&(f); 2.4.3(K)(5)(c) and 5.3.3(G) to correct inconsistencies between the Land Development Regulations (LDRs) and the Code of Ordinances relating to water and sewer impact, connection and [jser fees. Pursuant to Section 1.1.6, an amendment to the text of the Land Development Regulations may not be made until a recommendation is obtained from the Planning and Zoning Board. With the adoption of the Land Development Regulations in October 1990, the fee structures relating to development applications, plan check, permit, impact and connection fee and user fees were grouped within Section 2.4.3(K). Thus, impact and connection fees for water and sewer systems contained in the Code of Ordinances were repeated in the LDRs. The dual referencing of these fee structures requires that amendments to the Code of Ordinances be accompanied by a corresponding amendment to the LDRs. Amendments to the Code of Ordinances have occurred without the corresponding changes to the LDRs therefore resulting in inconsistencies between the two. The water and sewer fees were incorporated within the LDRs in an attempt to provide a single reference source where all development related fees could-be P&Z Board Memorandum Staff Report LDRs Text Amendment - Water and Sewer Impact and Connection Fees Page 2 easily ascertained. However, the water and sewer fees are the only fees which are referenced in both the Code of Ordinances and the LDRs. While it is desirable to have that single reference source for all development related fees, it is more appropriate to eliminate the dual referencing which makes for a cumbersome process as amendments to those provisions of the Code of Ordinances require changing the LDRs and a hearing before the Planning and Zoning Board. Further, the LDRs do not include other related fees such as "project plan review fee" and project inspection fee" which are contained in the Code of Ordinances. An amendment to the Code of Ordinances is being processed to eliminate the . plan review fee and to reduce from 3% to 2% the inspection fee assessed by the Environmental Services Department for water and sewer improvements. A recommendation from the Board is not required for these changes. The changes proposed include: · Deleting Section 2.4.3(K)(4)(d) "Water System Impact Fee" which was repealed and replaced by the Water System Connection fees. This change also requires the repeal of Section 5.3.3 (G). · Eliminating the fee structure in Section 2.4.3(K)(4)(e) "Water System Connection Fees" and Section 2.4.3(K)(4)(f) "Sewer System Connection Fees" and referencing the Code of Ordinances. · Changing the reference in Section 2.4.3(K)(5)(c) from Chapter 54 of the Code of Ordinances for Sewer System User Fees to Chapter 53. Chapter 54 has been repealed and all sewer matters are now contained in Chapter 53. By motion, recommend that the City Commission approve the proposed amendment to the Land Development Regulations Sections 2.4.3(K)(4)(d),(e) &(f); 2.4.3(K)(5)(c) and 5.3.3(G) as attached. Attachments · Proposed Amendment Report Prepared by: Jasmin Allen Ref/Ldrfee PROPOSED AMENDMENT SECTION 2.4.3(K) (4) Impact and Connection Fees: Impact and connection fees are paid at the time of issuance of a residential building permit or at the time of connection to the water or sewer system, as applicable. la) In-lieu of Park Dedication Fee (residential development) [see Section 5.3.2(C)(1)] $ 500 per unit (b) Traffic Impact Fee: This fee shall be assessed pursuant to the Palm Beach County Traffic Impact Fee ordinance and shall be collected by the City at the time of issuance of appropriate building permits. (c) County Imposed Impact Fees: The following impact fees have been imposed Countywide by the Palm Beach County Commission. These fees shall be in the amount as established by that Commission and are to be paid at the time of issuance of building permits. -- Schools -- Regional Recreation Facilities (partial) Countywide fees which are not imposed due to the provision of services by the City of Delray Beach are: - Local and Community Facilities -- Law Enforcement Facilities -- Fire and Emergency Medical Facilities -- Library Facilities (d)/(e-) Water System Connection Fees: Refer to Section 52.31, City_ Code of Ordinances. for water system connection fees. Meter Installation Charge: Refer to Section 52.32. of the City_ Code of Ordinances, for meter installation fees. (e) ~ Sewer System Connection Fees: Refer to Section 53.130(B). City_ Code of Ordinances. for residential and commercial sewer system connection fees (5) User Fees: User charges and storm water assessments are applied through monthly billings by the City. (a) Water System User Fees: See Chapter 52 of the Code of Ordinances of the City of Delray Beach, Florida. [Amd. Ord, 32-92 09122192] (b) Storm Water Drainage Utility Fee: This fee is vadable depending upon the type of use and amount of impervious area associated with its development. Please refer to Section 56.16 of the City Code for further information. (c) Sewer System User Fees: See Chapter 53 64 of the Code of Ordinances of the City of Delray Beach, Florida. [Amd. Ord. 33-92 09/27.J92] SECTION 5.3.3 MEMORANDUM TO: Alison MacGregor-Harty, City Clerk FROM: David T. Harden, City Manager~/~ SUBJECT: January 7, 1997 Agenda DATE: December 17, 1996 Dick Hasko is preparing an amendment to Section 52.39 of the City Code revising our Plan Review and Inspection Fees. This should be ready for the First Reading at the January 7, 1997 meeting. DTH:kwg cc: Dick Hasko City Attorney Fil¢:u:graham/¢mgr Doc.:97Agenda. Jan GERALD B. CHURCH, P.E. - CONSULTING CIVIL ENGINEER 2575 So. Ocean Boulevard, Suite 310 Highland Beach, F1 33487 Phone/Fax (407) 278-7401 December 13, 1996 Mr. David Harden, City Manager City of Delray Beach 100 N.W. 1st Avenue Delray Beach, F1 33444 RE: LEE'S CROSSING SUBDIVISION INSPECTION & PERMIT FEES FOR SITE IMPROVEMENTS Dear Mr. Harden: Thank you for meeting with us regarding the permit and inspection fees. As noted in our previous correspondence, we felt that there is a duplication in the permit and inspection fees charged by the Engineering Department and the Building Department. Your findings confirmed this and you have requested that an ordinance be prepared to revise the fee schedule. At the time you were not sure whether refunds would be made to developers who had paid permit and inspection fees according to the interpretation of the current ordinances. Please keep us advised when this item will be presented to the City Commission and any proposal that may be considered for refunding fees that have been paid. Please note that we objected to the permit fees after we were advised of the amount, however in order not to delay the development we paid the fees and followed up with our concern in several letters to you. The other issue which we discussed was the increase cost to construct the sanitary sewer in Franwood Drive, which was a cost sharing project between the developer and the City. Mr. Rickel, President of Four Waves Enterprises, Inc., will follow up on this issue via direct correspondence with you. We thank you for your efforts to resolve these matters. Yours truly, Gerald B. Church, P.E. c: Mr. Robert Rickel, President, Four Waves Enterprises Inc. '* AN ORDINANCE OF THE CITY COM* -MISSION OF THE CITY OF DELRAY ~EACH, FLORIDA, A~END)NG SEC- ~ON 2~(E), ~FFIC STATE- ~ENT~ AND S~DIES% SECTION ~(K), 'ACCEPTANCE ~ TRAF- fIC STAT~EUTS AND STUDIES', ~AND SEC~O~ ~4.~{C~, ~TICE OF AGENCIES AND CITI- ZEN GR~, SUBSECTION T~FFIC DIVI~, OF THE ~ND D~E~PMENT REGU~- TIONS OF THE CI~ OF DELRAY BEACH, TO ~E C~NSIS~ WITH THE REGUIR~ENTS OF THE A~ED P~ B~CH COUNTY TRAFFIC PERFO~NCE STAN. DARDS ORDI~NCE RE~TING TO TRAFFIC STAT~ENTS AND STU~ lES; PR~IDI~ A GENERAL PEALER C~U~, A ~VING C~USE, A~D AN EFFECTIVE DATE. AN ORDI~E OF THE CI~ C~ MISSI~ OF THE CITY OF DELRAY B~CH, FLORIDA, ~ENDING PROVISIONS OF THE CODE OF DINANCES AND ~D DEVELOP- MENT REGU~TIONS OF THE CI~ OF DELRAY B~CH PERTAINING TO WATER AND SEWER FEES, IN- CLUDING SECTION ~, ~THER FEE~, OF T~E CODE OF ORDI. NANCES TO ~OVIDE FOR THE DELETION OF ~E PROJE~ P~N REVIEW FEE, TO PROV~ FOR A DECRE~E I~ THE PROJECT SPE~I~ FEE; TO PROVIDE FOR REVERING THE SECTION: ~ENDING SU~ECTION · EE~, OF THE ~ND DEVELOP- MENT REGU~TIONS TO PROVIDE FOR THE DELETION OF THE WA- TER ~STEM IMPACT FEE; LETING SECTION 5~.3(G~, 'IMPACT FEE RE~IRE~ OF THE ~ND D~ELOPMENT REGU~TIONS: PROVIDING REFERENCES TO THE CITY CODE OF ORDINANCES FOR WATER SYSTEM CONNECTION FEES, METER INSTAL~TION FEES A~O ~ER SY~TE~ CO~ NECTION FEES; PROVIOING A GENERAL REP~LER C~USE: A SAVING C~USE, AND AN EFFEC- TIVE DATE. P~~ifa~ ~ Ci~ ~ ~ r~ ~im ~ ~ ~ ~y Cl~ OF DELRAY BEACH A PUBLIC HEARING will be held 7:~ P~ m ~E$~Y, FEBRUARY ~1, ~ ~ Ci~ C~mi~ ~ 1~ N.W. 1~ A~, ~ray ~m~ Mil ~ ~ ~ ~. T~ ~ m~i~ may ~k it C~ ~IL 1~ N.W. I~ AV~ ~ ~ ~ I:~ a.m. ~ S:~ p.m., ~y ~ Fray, ~ ~i~. ~ ~rd~ r~ ~ AN ORDINANCE OF THE Ci~ C~ MI~ION OF THE CITY OF DELRAY BEACH, FLORIDA, ~ENDING CHAPTER ~, ~ELRAY 8EACH CODE ENFORCEMENt, OF THE ~DE OF ORDINANCES OF THE CITY OF DELRAY BEACH BY ~NDING SECTION 37.~, ~EFINITION~, TO PROVIDE FOR A DEFINITION FOR ~TICE TO AP- P~R; ~ENDING SECTION ~tNITiATION OF ENFORCEMENT PR~E~RES',SUBSECTION (E), TO PR~IDE THAT THE CODE EH- FORC~NT ~ARD RETAINS THE RIGHT TO SCHEDULE A HEARING AND IM~E R~SON- ABLE PAYMENT OF EN~RCE- MENT FEES U~N REPEAT VIOl. TIONS EVEN IF THE REPEATED VIO~T8ON ~S CORRECTED PRIOR TO ~E ~HEOULED H~R~NG, AND BY ENACTING N~ SUBSEC. Tl~S (F) AND (G) TO PROV)DE CODE ENFORC~ENT OFFICERS WITH THE AUTHORI~ TO ~SSUE ~TICES TO APP~R IN COUNTY COURT FOR CODE VIO~T~ONS AND PR~IOING PR~EDURES ~R THE ~UANCE OF ~TICES TO APP~R BY CODE ENFORCE- MENT OFFICERS; PROVIDING A ~VING C~USE, A GENERAL PEALER C~USE, AND AN T~VE DATE. AN ORDINATE OF THE C~ C~ MINION OF THE CI~ OF DELRAY B~CH, FLORIDA, ESTABLISHING THE WEST SETTLERS HISTORIC DISTRI~ ~ THE ~E IS ~RE PARTI~RLY OE~RIBED HEREIN; ~S~GNATING THE WEST SE~LERS HISTORIC DISTRI~ TO THE L~L REGISTER OF HISTOR- IC ~CE5; PR~IOING FOR ~E ~N~ENT OF THE ~ONING ~P OF ~LRAY BEACH, FLORI. DA, ~ TO SHOW THE HISTORIC DESIGNATION IN AN OVERLY ~NER; PROVIDING A GENERAL REP~LER C~USE, A ~VING C~US~ AND AN EFFECTIVE DATE. AN ORDINATE OF THE CI~ C~ MINION OF THE CI~ OF DELRAY I~H, FLORIDA, ~ENDING SEC. TI~ ~ ~AL~, FENCES, AND HE~E~, ~ THE ~ND DEVEL. O~ENT REGU~TIONS OF THE CI~ OF OELRAY BEACH, TO RE- STRI~ ~E ~IMUM HEIGHT OF WA~S, FENCES. AND HE~ES ~ERE ~EY ARE DE~ED TO CR~TE A SIGHT OBSTRUCTION; PR~IDING A M~SUR~ENT ~D. FOR HEIGHT; RESTR~CT- I~ THE U~ OF CERTAIN FENCE ~PES IN FRONT ANO STREET SIDE YAR~ UNLE~ ~REENED BY HE~ING; PROVIDING ~REENI~ REQUIR~ENT$ FOR ~NRY WAL~; PROVIDING FOR SETBACKS AND I~; PR~IOING A GENE~L P~LER C~USE, A ~VING ~USE, AND AN EFFECTIVE OATE, AN ORDINATE OF THE CITY C~ MISSION OF THE CITY OF DELRAY BEACH, FL~I~ ~ENDING SEC- TI~ 2~.2, ~TICE REQUIRE, MENT$~, AgO SECTION 2.;~(O). ~A~ENT OF RIGHT~F-WAW, OF THE ~NO ~VELOPMENT REGU~TIOgS OF THE Cl~ ~ OELRAY I~H. TO R~ISE T~E PR~E~RE BY ~1~ ~ILIC RIGHT.F-WAY ~Y BE A~N~NED; PROVIDING FOR A GENE~L REP~LER C~USE, A ~VING C~USE, ANO