Ord No. 37-17 — --- ---- --- ------ - - -- --- -
ORDINANCE NO. 37-17
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH FLORIDA AMENDING CHAPTER 4 "ZONING
REGULATIONS" OF THE LAND DEVELOPMENT REGULATIONS OF
THE CITY OF DELRAY BEACH FLORIDA BY REPEALING SECTION
4.5.4, "COASTAL CONSTRUCTION", IN ITS ENTIRETY;BY AMENDING
ALL PREVIOUS REFERENCES TO SECTION 4.5.4 IN THE LAND
DEVELOPMENT REGULATIONS TO REFER TO CHAPTER 10;
PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE,
AND AN EFFECTIVE DATE.
WHEREAS,pursuant to LDR Section 1.1.6.the Planning and Zoning Board reviewed these amendments
at a public hearing held on October 17, 2016 and voted 6 to 0 to recommend approval;and
WHEREAS, Ordinance 32-16, adopted by the City Commission on December 6, 2016, sought to
renumber"Coastal Construction"from Section 4.5.4 of the Land Development Regulations of the City of Delray
Beach to Article 10.4 of same; however, the body of Ordinance 32-16 omitted the requirements to properly
repeal section 4.5.4,making this Ordinance necessary to avoid duplication;and
WHERAS, additional sections of the Land Development Regulations referencing Section 4.5.4 are also
amended to provide the proper reference to Chapter 10 "Flood Damage Control Districts and Coastal
Construction";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 change is consistent with and furthers the goals, objectives and
policies of the Comprehensive Plan; and
WHEREAS, on December 6, 2016, the City Commission passed and adopted Ordinance 32-16 which
renumbered section 4.5.4 of the Land Development Regulations to Article 10.4 entitled"Coastal Construction"
but failed to repeal same;thus,this section is currently duplicated in the Land Development Regulations making
this repealing Ordinance necessary and all references throughout the Land Development Regulations to section
4.5.4 must be amended to refer to Chapter 10;and
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WHEREAS, the City Commission, of the City of Delray Beach adopts the findings in the Planning and
Zoning Staff Report;and
WHEERAS,the City Commission of the City of Delray Beach finds the ordinance is consistent with the
Comprehensive Plan and is in the best interests of the City.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA,AS FOLLOWS:
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Section 1. That the recitations set forth above are incorporated herein.
Section 2. That Chapter 4, "Zoning Regulations", Article 4.5, "Overlay and Environmental
Management District",Section 4.5.4, "Coastal Construction", of the Land Development Regulations of the City
of Delray Beach, Florida,is hereby repealed in its entirety as follows;
See. 4.5.4, Coastal eensmietion.
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ORD. NO. 37-17
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is based upon the 1982 Editioia of the Stajadai!d Building Gode
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ORD. NO. 37-17
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ORD. NO. 37-17
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with live aiid dead loads. Ei--osio!a eoinputatioias f5i!foundatiofi desigil shall aeeoullt fel!all vei�deftl an
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U.S.Resoutees may provide inf6i!mation as to those ai!eas witbin eoastai buAdifig zones where L-iosieft an
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ORD. NO. 37-17
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Section 3. That Section 2.1.2(B)(b),"Chief Building Official:"of the Land Development Regulations
of the City of Delray Beach,Florida,is hereby amended as follows:
1.4.1 (A) Interpretation of Chapter 7 (Building)
1.4.1 (B) Interpretation of Standards in Chapter Four (Zoning District Regulations)
1.4.2 (A) Enforcement of Regulations on Private Property
1.4.5 InterPretation of A A (Definitions)
Appendix �
2.4.5 1 Aesthetic approval for a limited number of items
2.4.6 (I) Approval of temporary uses of sales offices,models, construction trailers and compounds
2.4.7 (F) (2) (a) Member of Special Adjustment Advisory Board
10.1 Flood Damage Control Regtda4ions Districts and Coastal
Construction
Section 4. That Section 2.2.4(D)(4)(b) of the Land Development Regulations of the City of Delray
Beach, Florida,is hereby amended as follows:
(b) Regulations found ' the Flood Damage Control Overlay District, Chapter 10 4��2.
Section 5. That Section 2.4.6(G)(1) of the Land Development Regulations of the City of Delray
Beach,Florida,is hereby amended as follows:
(1) Rule: A permit to construct in a flood hazard area (see Chapter 10 S�� .4) must be issued by
the Chief Building Official.
Section 6. That Section 2.4.6(G)(2)(a) of the Land Development Regulations of the City of Delray
Beach,Florida,is hereby amended as follows:
(a) General Data: Duplicative plans which are drawn to scale and which contain the following data are
-required.
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ORD. NO. 37-17
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❑ Nature,location,boundary,and general elevations of the territory under consideration;
❑ Existing and proposed structures;
❑ Fill areas, storage areas, drainage facilities;
❑ The elevation,in relation to mean sea level, of the lowest floor (including basement) of all structures;
❑ Elevation,in relation to mean sea level, to which an nonresidential structure has been flood-proofed;
❑ Certification from a registered professional engineer,or architect,that the nonresidential flood-proofed
structure meets the floodproofing criteria in Chapter 10 ;
❑ A description of the extent to which any water course will be altered or relocated as a result of the
proposed development.
Section 7. 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 8. That all ordinances or parts of ordinances in conflict herewith be,and the same are hereby
repealed.
Section 9. 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 7th day of
November, 201,7.
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ATTEST -"'M A Y O R
City Clerk
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First Reading: October 17,2017
Second Reading: November 7,2017
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j APPROVED AS TO FORM
AND LEGAL SUFFICIENCY
BY:
. Max Lo ity Attorney
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ORD. NO. 37-17