Ord 13-00ORDINANCE NO. 13-00
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DR!.RAY
BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT
REGULATIONS OF THE CITY OF DRI.RAY BEACH BY AMENDING
APPENDIX "A", "DEFINITIONS", TO CLARIFY CERTAIN DEFINITIONS
REGARDING DWRI .I.ING UNITS AND OTHER HABITABLE STRUCTURES;
PROVIDING A GENERAL REPE, M.RR CLAUSE, A SAVING CLAUSE, AND
AN EFFECTIVE DATE.
WHEREAS, pursuant to LDR Section 1.1.6, the Planning and Zoning Board reviewed the
proposed text amendment at a public hearing on May 22, 2000, and voted to recommend that the changes be
approved; and
WHEREAS, pursuant to Florida Statute 163.3174(4)(c), the Planning and Zoning Board, sitting as
the Local Planning Agency, has determined that the changes are consistent with and further the objectives and
policies of the Comprehensive Plan.
NOW, THEREFORE, BE IT ORDAINED BY THE C1TY COMMISSION OF THE CITY OF
.RAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Appendix "A", "Definitions", of the Land Development Regulations of the City
of Delray Beach, Florida, be, and the same is hereby amended as set forth in Exhibit "A" attached hereto and made
a part hereof.
Section 2. That all ordinances or parts of ordinances in conflict herewith be and the same are
hereby repealed.
Section 3. That should any section or provision of this ordinance or any portion thereof, any
paragraph, sentence, or word be declared by a court of competent jurisdiction to be invahd, such decision shall not
affect the validtty of the remainder hereof as a whole or part thereof other than the part declared to be invalid.
final reading.
Section 4. That this ordinance shall become effective immediately upon its passage on second and
day of
PASSED AND ADOPTED in regular session on second and final reading on this the 2 0th
MAYOR
ATTEST:
First Reading:, June 6, 2 0 0 0
Second Reading: June 2 0, 2 0 0 0
EXHIBIT "A"
PROPOSED AMENDMENTS TO "DEFINITIONS" SECTION OF LDRS
DWELLING UNIT: One ;ccm or more rooms connected together, desi.qned to be occupied by one
family~ constituting a separate, independent housekeeping establishment and physically separated from
any other dwelling unit which may be in the same structure, and which contains independent sanitation,
living, cooking and sleeping facilities.
DWELLING, SINGLE-FAMILY: A detached residential building other than a mobile home, designed
for ea4-e,~tf~ occupancy by one family only.
DWELLING, MULTIPLE FAMILY: A residential building..'~"~';""~'~...=,.... ;... .......... v. ~._.,.....;'~'" '"".., ~""~....._ ~v,'=" ...... _....v.v
~,,;,;~,. ,;,,;,,,, ;,,,~ .... ,,~.,,,,, ,,~ ,..,,.r, cth~: containin.q three or more dwellin.q units.
DWELLING, TWO-FAMILY (DUPLEX): A detached residential building containing two !!'.'!.".; dwelling
units, designed for occupancy by two families '--',,
==I::,PIPId~"V OD e'l-i inlr~ &DADI'IUI'"UT DWELLING UNIT, EFFICIENCY: A type of dwelling unit;
........... -~-~--..-] -~r'" ~:r.m.c.,.~_.,.t .-"'"'~""'~v~..~..... consistin.q, of not more than one habitable room to.qether with kitchen
or kitchenette and sanita~ facilities.
BOARDING AND ROOMING HOUSE: A building other than a hotel, motel, residential inn, or bed
and breakfast contc!.".!.".~...~"'"" ~'""..._.. ~-.v.. ~.~r-.."'~"~ ....... .=. ~...~ used to provide lodging for compensation, and
where more than one of the individual rooms or partitioned ~ areas are occupied by separate
families or rent is charged separately for the individual rooms or partitioned areas occupied by the renter
or occupant. Individual living units are-Ret may or may not be equipped with kitchen facilities;
congregate dining facilities may be provided for the guest.
prc':!:!c.". "-"'~" ' ..... ~'~"" ~ ..... ;"'~""'~'"" .... A facility offednR transient Iodeino accommodations to
the .qener. al public (open to the public at lar.qe), usually at a daily rate. A hotel may also contain
accessory uses as otherwise permitted within the underlying zone district. A hotel shall have an inner
lobby through which seventy-five percent (75%), or more of all occupants must pass to gain access to
their rooms.
MOTEL: ~ .,,....~ ....... ,.,.., ........ ,..;..,..., ,... ,,n~ ....... ,..~..; ....... , ........... ,
resideP, ts A facility offerin.q transient Iod.qin.cl accommodations to the .qeneral public (open to the public at
lar.qe), usually at a daily rate, with more than twenty-five percent (25%) of the rooms having individual
entrances from outside the building. No provisions may be made for cooking in any individual room.
Motels may have one (1) or more dining rooms, restaurants or cafes as accessory uses.
RESIDENTIAL-TYPE INNS: A., facility offerin.q transient Iod.qin.q accommodations on a daily, weekly, or
monthly rate to the .qeneral public (open to the public at laroe)..
'~ .... "; ........ ~'~ ~"""'~""~"'" ........... ~ '~'"~"*" It may consist of one building which contains
the principal and accessory uses, or groups of buildings. Suites may or may not include kitchens or
kitchenettes. Accommodations may be comprised entirely of suites, or may include a combination of
single rooms and suites. The facility may also contain accessory uses as otherwise permitted in the
applicable zoning district.
,,..,, ........ ,,..~,~ ,... ~.-.k;*..,.' ........ ,.., .......... ~..'.. k~.,.. A hotel or motel that serves as a
destination point for visitors. A resort .qenerally provides recreational facilities for persons on vacation,
such as .qolf, tennis, health spas, etc. A resort shall be self-contained and provide personal services
customarily furnished at hotels, includin.q the servin.q of meals.
EXHIBIT "A" to ORDINANCE NO. 13-00
MEMORANDUM
TO:
FROM:
SUBJECT:
MAYOR AND CITY COMMISSIONERS
CITY MANAGER ~
AGENDA ITEM lO- ~3. - REGUIAs.R MEETING OF IUNE 20, 2000
ORDINANCE NO. 13-00 (DEFINITIONS REGARDING DWELLING
UNITS AND OTHER HABITABLE STRUCTURES)
DATE: JUNE 16, 2000
This is second reading and the second public heating for Ordinance No. 13-00 which amends
Appendix "A" (Definitions) of the Land Development Regulattons regarding dwelling umts and other
habitable structures.
This amendment is corrective in nature. City staff has undertaken a comprehensive review of the
Land Development Regulations to ensure that they are consistent w~th the most current provisions of
the Comprehensxve Plan, and to correct vague or problematic passages. One area that came into
focus was the definiuons of dwelhng units, hotels, motels, boarding houses, and similar types of
habitable structures. Planning staff has worked with the City Attorney's Office to make changes to
these definitions m order to ensure that they can be readily understood and enforced.
The Planning and Zoning Board considered the proposed text amendment at a public hearing on May
22, 2000. There was no public comment. The Board voted unanimously to recommend approval of
the changes. At first reading on June 6th, the City Cormmssion passed the ordinance by unanimous
vote.
Recommend approval of Ordinance No. 13-00 on second and final reading.
RefiAgrnemo21.Ord 13-00.Defanttons.Dwelling Umts & HaNtable Structures
TO:
FROM:
SUBJECT:
DIANE DOMINGUEZ, PLANNING AND Z
MEETING OF JUNE 6, 2000
ORDINANCE AMENDING APPENDIX A "DEFINITIONS" OF THE LDRS,
REGARDING DWELLING UNITS AND OTHER HABITABLE STRUCTURES
This amendment is corrective in nature. City staff has begun a comprehensive review
of the Land Development Regulations, in order to ensure that they are consistent with
the most current provisions of the Comprehensive Plan, and to correct vague or
problematic passages. One area that has recently come into focus concerns the
definitions of dwelling units, hotels, motels, boarding houses, and similar types of
habitable structures. Planning staff has worked with the City Attorney's Office to make
changes to these definitions in order to ensure that they can be readily understood and
enforced. The proposed changes are as provided in the attachment to this memo.
Pursuant to LDR Section 2.4.5(M)(5), approval of an LDR amendment must be based
upon a finding that the amendment is consistent with and furthers the Goals, Objectives,
and Policies of the Comprehensive Plan. This amendment is being initiated more for
"housekeeping" purposes than to fulfill any specific Comp Plan policy. While the
amendment does not specifically further the Goals, Objectives, and Policies of the
Comprehensive Plan, it is not inconsistent with them.
The Planning and Zoning Board held a public hearing on this item at its meeting of May
22, 2000. There was no public comment in favor or opposed. The Board voted
unanimously to recommend approval of the changes.
Subsequent to the Planning and Zoning Board meeting, staff from the Planning and
Zoning Department and the City Attorney's Office reviewed the proposed changes
again, and determined that a previously proposed change to the definition of "Dwelling"
should be eliminated at this time. The attached list of definitions reflects that change.
By motion, approve the attached amendments to the "Definitions" section of the Land
Development Regulations, based upon positive findings with LDR Section 2.4.5(M).
Attachment::
· Proposed Amendment
Wednesday,_June 14, 2000
CITY OF DELRAY BEACH
NOTICE OF PROPOSi~ AMENDMENT
TO THE LAND DEVELOPMENT
REGULATIONS TO CIARIFY CERTAIN
DEFINITIONS RF_~ARDING DWEI.I.ING UNITS
AND OTH~ HABITABLE STRU~
AN ORDINANCE OF'THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING THE LAND
~ REGULATIONS OF THE CITY OF DELRAY BEACH
BY AMENDING APPENDIX 'A', ~)EFfNrHONS", TO CLARIFY
CERTAIN DEFINITIONS RE~ARDING DW~ iJNG UNTFS AND
OTHER HABITABLE STRUCTURES; PROVIDING A SAVING
DATE.
~ Cl~mbers a~ City Hall, 100 N.W. 1st Avenue, Delray Beach,
ttearing will be held o~ TUESDAY~ ~NE 20, 2000, AT ?.~0 PM.. (~ at any
Planning and ~ Depamne~ City Hall, ]00 N.W. 1st Avenue, Dehay
Beach, ~ 3~..A,~. (Phone 561/'243-7040), betwee~ the hours of 8:00 a.m.
and 5;00 pm, Monday through Friday, excluding holidays.
PLF..ASE BE ADVISED THAT IF A PERSON DECIDES TO ~
ANY DECISION MADE BYTHE CITY OOMMISSION WITH RES~
TO ANY MATTER CONSIDERED AT THESE HEAR~GS, SUCH
PERSON MAY/q~33 TO ENSURE THAT A VERBATIM RECORD
IS TO BE BASED. THE CITY DOES NOT PROVIDE NOR
PREPARE SUCH RF.L'ORD. I:URSUANT TO F.S. 286.0105. '
~ OF DELRAY BEACH
Publi~ Detray Beach Nmrs/Boca Ralm N~
May29,2~00
14,2000
CITY OF DELRAY BEACH
NOTICE OF PROPOSED AMENDME~
TO THE LAND DEVEI.OPMENT
REGULATIONS TO CLARIFY CERTAIN
DEFINITIONS REGARDING DWF.!.LING UNITS
AND OTI-IF.R HABITABI.E STRUCWURF~
The City Commi~ion of the CRy of Delray Beach, Florida, proposes to adopt
the following ordinance:
ORDINANCE NO. 134)0
AN ORDINANCE OF THE CITY COMMISSION OF THE crrY OF
DELRAY BEACH, FLORIDA, AMENDING THE LAND
DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH
BY AMENDING APPENDIX "A", q)EFIN1TIONS", TO CLARIFY
CERTAIN DEFINITIONS REGARDING DWEI.T.ING UNITS AND
OTHER HABITABLE STRU~; PROVIDING A SAVING
CI.~USE, A GENERAL REPEAI.FR CLAUSE, AND AN I:~I~ECI'IVE
DATE.
Thc City Commission will conduct two (2) Public I-Iezrln~ for ~he purpose of
accepting public testimony regarding the ~ ore, race. Tn~ fl~ Public
Hearing will be held on TUESDAY~ JUNE 6~ 2000~ AT 7.'00 P.M. in ~
Commission Chambers at City Hall 100 N.W. 1st Avenue, Delmy Beach,
Heating will be held on TUESDAY~ JUNE 20, 2000, AT 7.'00 P.M. (or at any
continuation of such meeting which is set by the Commission).
informalion otto oblain a copy of lhe profx:sed ordinance, please contact the
Planning and Zoning Depammnt, City ~ 100 N.W. 1st Avenue, Delray
Beach, Florida 37.~/. (Phone 561f243-7040), between lhe ho~s of 8:00 a.m.
and 5;00 p.m., Monday ~'xou~ Friday, excluding holidays.
PLEASE BE ADVISED THAT IF A PERSON DECIDES TO APPEAL
ANY DECISION MADE BY THE C1TY COMMISSION WITH RESPECr
TO ANY MATFER CONSIDERED AT THESE HEARINGS, SUCH
PERSON MAY NEF~ TO ENSURE THAT A VERBATIM RECO~
APPEAL IS TO BE BASED. THE CITY DOES NOT PROVIDE NOR
PREPARE SUCH RECORD. PURSUANT TO ES. 286.0105.
cn"Y OF DELRAY BEACH
Publish: Delray Beach News/Boca Raton News
Ad# 7985(M