23-97 ORDINANCE NO. 23-97
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELP~AY BEACH, FLORIDA, AMENDING SECTION 4.3.4,
"BASE DISTRICT DEVELOPMENT STANDARDS", SUBSECTIONS
4.3.4(B), "LOT AREA", AND 4.3.4(I), "DENSITY", OF
THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF
DELRAY BEACH, TO DELETE LANGUAGE WHICH REQUIRES
PLATTING TO SEPARATELY CONVEY DUPLEX UNITS, AND
CLARIFYING THAT A COMMONLY OWNED DUPLEX STRUCTURE
CANNOT BE SUBDIVIDED INTO SEPARATE OWNERSHIP UNLESS
A TWO HOUR FIRE RATED TENANT SEPARATION WALL IS
PROVIDED; PROVIDING A GENERAL REPEALER CLAUSE, A
SAVING CLAUSE, AND AN EFFECTIVE DATE.
WHEREAS, pursuant to LDR Section 1.1.6, the Planning and
Zoning Board reviewed the subject matter at a public hearing on April
28, 1997, and forwarded the changes with a unanimous recommendation
of approval; and
WHEREAS, pursuant to Florida Statute 163.3174(4) (c), the
Planning and Zoning Board, sitting as the Local Planning Agency, has
determined that the amendments are consistent with and further the
objectives and policies of the Comprehensive Plan.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Chapter Four, "Zoning Regulations",
Article 4.3, "District Regulations, General Provisions", Section
4.3.4, "Base District Development Standards", Subsection 4.3.4(B),
"Lot Area", of the Land Development Regulations of the City of Delray
Beach, Florida, be, and the same is hereby amended to read as
follows:
(B) Lot Area: The area contained within the perimeter of
the lot upon which the use is to be located.
(1) Said area shall be calculated prior to dedication
of additional land for right-of-way purposes or for dedication as a
lake management tract. The lot area described in the matrix is the
minimum lot area which is required for the establishment of use.
(2) Notwithstanding the above, the lot area for a
duplex which is to be held in separate ownership may be reduced to a
minimum of 4,000 square feet per lot when ~/~~/~I a two hour
or more fire rated tenant separation wall becomes the basis for the
separation of lots. ~/~~/~/~/~~/~/~~/~
(3) Minimum lot areas do not need to be provided for
individual ownerships within condominium and townhome developments;
or for lots which are platted as tracts for specific purposes other
than residential or commercial development.
Section 2. That Chapter Four, "Zoning Regulations",
Article 4.3, "District Regulations, General Provisions", Section
4.3.4, "Base District Development Standards", Subsection 4.3.4(I),
"Density", subparagraph 4.3.4(I) (3), "Duplexes", of the Land
Development Regulations of the City of Delray Beach, Florida, be, and
the same is hereby amended to read as follows:
(3) Duplexes:
(a) A duplex on a single lot is allowed, regardless
of the provisions of Subsection (2), provided
that the minimum lot size for the zone district
is met and provided that the use, a duplex, is
allowed.
(b) On a platted lot, where duplexes are permitted,
and where the lot has at least 8,000 sq.ft., and
where there is a ~/~I two hour or more fire
rated tenant separation wall separating the
duplex units, each unit together with
approximately one-half the lot may be conveyed,
providing that each portion of the lot contains
not less than 4,000 sq.ft, and the dividing line
runs through the ~ separation wall. ~/~
Section 3. That all ordinances or parts of ordinances in
conflict herewith be, and the same are hereby repealed.
Section 4. 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.
- 2 - Ord. No. 23-97
Section 5. That this ordinance shall become effective
immediately upon passage on second and final reading.
PASSED ~ ~OPTED in regular session on second and final
reading on this the 20th day of May , 1997.
ATTEST:
~-City C~rk
First Reading May 6, 1997
Second Reading May 20, 1997
- 3 - Ord. No. 23-97
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY Mg2XlAGER~
SUBJECT: AGENDA ITEM #/~.~'- REGULAR MEETING OF MAY 20, 1997
SECOND READING/PUBLIC HEARING FOR ORDINANCE NO. 23-97
(LDR TEXT AMENDMENT TO ELIMINATE CONFLICTING LANGUAGE
WHICH REQUIRES PLATTING TO SEPARATELY CONVEY DUPLEX
I/NITS)
DATE: MAY 15, 1997
This is second reading and public hearing for Ordinance No. 23-97
which amends Section 4.3.4, "Base District Development Standards",
of the Land Development Regulations to eliminate conflicting
language requiring platting to separately convey duplex units. In
addition, the reference to a "party wall" is being replaced by
"two hour or more fire rated tenant separation wall" to conform
with Standard Building Code requirements. This is a housekeeping
ordinance.
The Planning and Zoning Board considered the amendments at a
public hearing on April 28, 1997, and voted unanimously to
recommend approval. At first reading on May 6, 1997, the
Commission passed the ordinance by unanimous vote.
Recommend approval of Ordinance No. 23-97 on second and final
reading.
ref:agmemoll
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY Mg2XlAGER~
SUBJECT: AGENDA ITEM #/~- REGULAR MEETING OF MAY 6, 1997
FIRST READING FOR ORDINANCE NO. 23-97 ILDR TEXT
AMENDMENT TO ELIMINATE CONFLICTING LANGUAGE WHICH
REQUIRES PLATTING TO SEPARATELY CONVEY DUPLEX UNITS)
DATE: MAY 2, 1997
This is first reading for Ordinance No. 23-97 which amends Section
4.3.4, "Base District Development Standards", of the Land
Development Regulations to eliminate conflicting language
requiring platting to separately convey duplex units. In
addition, the reference to a "party wall" is being replaced by
"two hour or more fire rated tenant separation wall" to conform
with Standard Building Code requirements. This is a housekeeping
ordinance.
The Planning and Zoning Board considered the amendments at a
public hearing on April 28, 1997, and voted unanimously to
recommend approval.
Recommend approval of Ordinance No. 23-97 on first reading. If
passed, a public hearing will be scheduled for May 20, 1997.
ref:agmemoll
TO: DAVID T. HARDEN
CITY MANAGER
DEPARTMENT OF PLANNING AND ZONING
FROM: PAUL DORLING, p~INClPAL PLANNER
SUBJECT: MEETING OF MAY 6, 1997
AMENDMENT TO LDR SECTION 4.3.4 (BASE DISTRICT
REQUIREMENTS) TO ELIMINATE CONFLICTING LANGUAGE WHICH
REQUIRES PLATTING TO SEPARATELY CONVEY DUPLEX UNITS.
The item before the City Commission is that of approval of LDR
amendments to LDR Section 4.3.4 to eliminate conflicting language
requiring platting to separately convey duplex units.
On September 5, 1995 City Commission passed Ordinance No. 46-95 which revised
Chapter 5 (Subdivision Regulations) of the Land Development Regulations (LDR's) and
established exemptions from platting for certain types of developments. This
exemption section [LDR section 5.1.4(B)] states that "A duplex or triplex residence on
an existing street, requiring no extension of water and sewer services" is exempt from
the platting procedure.
In reviewing the LDR's it was discovered that Section 4.3.4(B)(2) and 4.3.4(I)(3)(b)
conflict with the newly established exemption. Both of the aforementioned sections
contain specific language which require the conveyance of individual ownership in an
existing duplex through the platting process.
The amendments also modify language referring to the "common wall" and "party wall"
by replacing these references with a "two hour fire rated tenant separation wall". Under
the Standard Building Code a duplex structure of common ownership requires a one
hour fire rated wall while a duplex structure under separate ownership requires a
minimum of a two hour fire wall. This language change will clarify that a commonly
owned duplex structure cannot be subdivided into separate ownership unless a two
hour fire rated tenant separation wall was provided with initial construction, or the
structure is retrofitted with a two hour fire rated separation wall.
City Commission Documentation
Amendment to LDR Section 4.3.4 (Base District Requirements) to Eliminate
Conflicting Language which Requires Platting to Separately Convey Duplex Units
Page 2
The Planning and Zoning Board considered the amendments at a public hearing on
April 28, 1997. No one from the public spoke in support or against the request. The
Board recommended approval of the amendments on a unanimous 7-0 vote.
By motion, approve the attached amendments to LDR Sections 4.3.4(B)(2) and
4.3.4(I)(3)(b).
Attachments:
· LDR Amendment to Sections 4.3.4(B)(2) and 4.3.4(I)(3)(b)
Section 4.3.4 Base District Development Standards:
(A) General: The following standards are provided in order to fulfill those
purpose statements found in Section 4.1.1 which pertain to determination and
regulation of area, size, bulk, height, and other physical aspects of development.
Standards for the following items are applicable to all zoning districts in the manner set
forth in Subsection (K). The basis for measurement or calculation of those standards
are set forth below as are provisions for exceptions.
(B) Lot Area: The area contained within the perimeter of the lot upon which
the use is to be located.
(1) Said area shall be calculated prior to dedication of additional land
for right-of-way purposes or for dedication as a lake management tract. The lot area
described in the matrix is the minimum lot area which is required for the establishment
of use.
(2) Notwithstanding the above, the lot area for a duplex which is to be
held in separate ownership may be reduced to a minimum of 4,000 square feet per lot
when tho common ';:all a two hour or more fire rated tenant separation wall becomes
the basis for the separation of lots. A ............ ~,.. o.; ......... ;~ ,.,-,,.,~;,~,.,...,~ ,,., ~,,.
(3) Minimum lot areas do not need to be provided for individual
ownerships within condominium and townhome developments; or for lots which are
platted as tracts for specific purposes other than residential or commercial
development.
Section 4.3.4. (I)
(I) Density:
(1) Defined: Density is the calculation of the number of residential
dwelling units allowed per gross acre of the land to be developed. The approved
density for any project may be less than that defined as the maximum in that a project is
reviewed in its totality and, in addition to meeting density requirements, it must comply
with all other provisions of these regulations.
(2) Calculation of Unit Count: The allowable unit count is
determined by the maximum number shown for the base zoning district as reflected in
the Matrix [Section 4.3.4(K)]. This number is multiplied times the lot area expressed in
acres and rounded to one-hundredth of an acre. When a fraction exists, it shall be
rounded down.
(3) Duplexes:
(a) A duplex on a single lot is allowed, regardless of the
provisions of Subsection (2), provided that the minimum lot
size for the zone district is met and provided that the use, a
duplex, is allowed.
(b) On a platted lot, where duplexes are permitted, and where
the lot has at least 8,000 sq. ft., and where there is a paFty
watt two hour or more fire rated tenant separation wall
separating the duplex units, each unit together with
approximately one-half the lot may be conveyed, providing
that each portion of the lot contains not less than 4,000
sq.ft., and the dividing line runs through the separation party
tS OB Boca Raton News, Saturday May 10, 1997
.
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~IRES P~I~ TO ~EPA~TE-
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~R FIRE ~TED TENANT SEPA-
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~ A GENE~L REPE~R
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~ EFFE~I~ DATE.
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