Ord No. 20-18 ORDINANCE NO.20-18
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY
BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS
OF THE CITY OF DELRAY BEACH, ARTICLE 1.3 NONCONFORMING USES,
LOTS AND STRUCTURES, BY AMENDING THIS ARTICLE TO PROVIDE
UPDATED REGULATIONS FOR NONCONFORMING LOTS, USES OF LAND
AND STRUCTURES IN ADDITION TO REGULATIONS ON REMODELING
NONCONFORMING STRUCTURES OR RECONSTRUCTING SUCH
STRUCTURES IF AFFECTED BY AN ACT OF GOD; AND AMENDING ARTICLE
7.8 UNSAFE BUILDINGS AND STRUCTURES, BY REPEALING AND
READOPTING SECTION 7.8.4 REQUIREMENTS FOR ALTERATIONS,
ADDITIONS, OR REPAIRS TO PROVIDE FOR CONSISTENCY WITH ARTICLE
1.3 NONCONFORMING USES, LOTS AND STRUCTURES; PROVIDING A
CONFLICTS CLAUSE AND A SEVERABILITY CLAUSE; AUTHORITY TO
CODIFY,AND PROVIDING AN EFFECTIVE DATE
WHEREAS, the City has previously addressed.nonconforming uses, lots and structures which exist in
j City in Article 1.3 of the Land Development Regulations of the City; and
WHEi
REAS, the City desires to modify the Land Development Regulations governing such
nonconforming uses, lots and structures to provide for the public health, safety and welfare of the residents
of the City and its visitors; and
WHEREAS,pursuant to Florida Statute 163.3174(4)(c),the Planning and Zoning Board, sitting as the
Local Planning Agency (LPA), has determined that the amendments are consistent with and further the
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goals, objectives, and policies of the Comprehensive Plan; and
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WHEREAS, pursuant to LDR Section 1.1.6, the Planning and Zoning Board reviewed the proposed
text amendment at a public hearing held on September 17, 2018, and voted 6 to 0 to recommend that the
changes be approved; and
1
WHEREAS, the City Commission of the City of Delray Beach adopts the findings in the staff report;
and
WHEREAS, the City Commission at duly notice public meetings on November 6, 2018, and on
November 20, 2018, received and considered comments from the Planning and Zoning Board and from the
public, and gave careful consideration to all aspects of this Ordinance; and
Page 1 of 11 ORD NO.20-18
WHEREAS, the City Commission has determined it to be in the best interest of the City of Delray
Beach that the Land Development Regulations be amended as described in this ordinance.
NOW, THEREFORE, BE IT ORDAINED BY THE CITE' COMMISSION OF DELRAY
BEACH,FLORIDA,AS FOLLOWS:
Section 1: That the recitations set forth above are incorporated herein.
Section 2: That ARTICLE 1.3 "NONCONFORMING USES, LOTS AND STRUCTURES" of the
Land Development Regulations of the Code of Ordinances of the City of Delray Beach, Florida ("City"), is
hereby amended; providing that ARTICLE 1.3 shall hereafter read as follows:
ARTICLE 1.3 NONCONFORMING USES,LOTS,AND STRUCTURES
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Section 1.3.1 Purpose and Intent.
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(A) Within the z T distfiets established by Chapter- Fee . City of Delray Beach, there exist lots,
structures, uses of land and structures, and characteristics of use, which were lawful before the
passage of said rhapto„F ,, certain code amendments but are now prohibited,further regulated,
or restricted. It is the intent of this Article to allow such legal nonconformities to continue until
they are eliminated, provided they meet the conditions established in this Article. until they
ame-
r-emoved, but iiet to enee,,,age their- ee fi;r,,,,tie Nonconformities shall not be enlarged upen,
expanded, extended, or used as grounds for adding other structures or uses prohibited elsewhere
in the same zoning district.
f (B) Nonconforming uses are declared to be incompatible with uses allowed in the zoning districts
involved. A nonconforming use of a structure, land, or structure and land in combination shall
not be extended or enlarged, either by erecting additional signs, adding additional square footage
to a structure, or adding other uses of a nature which would be prohibited in the zoning district
involved, except as provided for in this Article under specific circumstances.
(C) To avoid undue hardship, nothing herein shall require a change in the plans, construction, or
designated use of any structure building on which actual construction has been carried on
diligently for an approved project which may now contain a non-conformity. Actual construction
shall include the placing of construction materials in permanent position and fastened in a
permanent manner. Where demolition excavation or removal of an existing p 9 � g structure buildiiigg
has been substantially started preparatory to rebuilding, such demolition, excavation, or removal
shall be considered actual construction, rovided the work is carried on diligently, and the
p
development becomes established pursuant to 2.4.4{G-} Die
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Section 1.3.2 Nonconforming I jots of Rrecord. Any lot or parcel which qualifies as a lot of record may
be used only as allowed in Section 4.1.4—
(A) Definition. A Nonconforming Lot may mean a Lot of Record that was lawfully created but does
not_comply with the lot standards of this Code or a parcel of land that does not meet the lot
standard of the applicable code.
Section 1.3.3 Nonconforming Uses of on the Lland or- Land��rainor—Strue ves e
9 1 that weuld net new be i
an
7 $1,000,
the use y be eentWied, „Lion++..the f llnw ing v,
9 7
nor- extended to oeeupy a gfeatef area of
------- ------- ..a.. E__':r.i_...at the rff,. .e ...,,..e of 6111., dllbt,b..l.
(B) A nenee4afming use shall not be moved in whele or- in paft to any peftion of the let E)r-
Par-001,
eche-+Ln,, that eeeupi��Se-0iiSept Lir i 990.
j
i
,lis+,-in+i„t L' L the land is 1 + ,d
distfie6111 vvuiVll 611V land TJ 1eiiCLLNZT
LAI Definition. A Nonconforming Use on the Land shall mean any use on the land only, outside of a
building or structure, that was lawfully established but does not now comply with the current
standards of the Land Development Regulations.
fBI Rules and Regulations of Nonconforming Uses on Land.
L1 Enlargement. A nonconfon-ning use on land shall not be enlarged, increased no
extended to occupy a greater area of land.
Relocation. A nondonformingr use on land shall not be moved in whole or in part to any,
portion of the lot or parcel other than that occupied by such use nor shall such
nonconforming use on land be moved to any other parcel or located in any district within
which said use is not permitted.
Discontinuance of use. If any nonconforming use on land ceases for any reason for a
continuous period of 30 days every subsequent use of the land shall conform to the
requirements specified for the zoning district in which the land is located
Page 3 of 11 ORD NO.20-18
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L41 Erection of Structures. No structures shall be erected in connection with
such nonconforming use on the land.
Section 1.3.5.4 Nonconforming Uuses of Sttructures. and Land.
LAI Definition.A Nonconforming Use of Structure shall mean anv use of a structure or building that
was lawfully established but does not comply with the use standards applied by the Land
Development Regulations.
�B Rules and Regulations of Nonconforming Use of Structure.
U Enlargement. A nonconforming use of a structure shall not be permitted to occupy anv
other portion of the structure. Additionally, nonconforming uses shall not be extended to
occupy any land outside the existing structure or within any additional structure on the same
lot not used for such nonconforming use.
(2,) Discontinuance of use.
(a) If any nonconforming use of a structure ceases for anv reason for a continuous period of
180 days as to its then current use, every subsequent use of the structure shall conform
to the requirements specified for the zoning district in which it is located.
Notwithstanding the above, within the area designated on the Regulating Plan with
Required Retail Frontage in the Central Business District, if the nonconforming use
ceases for a continuous period of 90 days as to its then current use, every subsequent
use of the structure shall conform to the use requirements of the Regulating Plan.
(b) Time spent renovating or repairing a structure devoted to the nonconforming use is not
considered a discontinuance of the use, provided:
(i) All appropriate development permits are obtained;
(ii) The renovation or repair is completed within 18 months after commencement of
the repair or renovation;
(iii) The use is reestablished within one month after completion of the renovation or
j repairs; and
(iv) AM discontinuance of use caused by government action and without the
contributingfault ault by the nonconforming user shall not be considered in
determining the length of discontinuance.
Reconstruction or Repair After Damage. Except as provided in Section 1.3.9, a structure
used for a nonconforming use which is destroyed by gny means,the following shall apply:
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(a) Damage up to 50% of Value. If a structure used for a nonconfonning use is
damaged by any means to an extent whereby the cost of restoring the current
structure to its before-damaged condition would be 50% or less of the structure's
current Improvement Value as determined by the Palm Beach County Property
Appraiser before the damage,the structure may be reconstructed or repaired if.
i. The reconstruction or repair does not increase, expand, enlarge, or extend
the nonconforming;use, and
ii. The reconstruction or repair is actually begun within one year after the
damage and is diligently pursued to completion.
Damage Greater than 50% of Value. If a structure used for a nonconforming
use is damaged by any means to an extent whereby the cost of restoring the
structure to its before-damaged condition would equal or exceed 50% of the
structure's current Improvement Value (as determined by the Palm Beach County
Property Appraiser) before the damage, the structure shall only be reconstructed
for a conforming use.
Lej No Restriction on Repairs Exemption. For properties located within the West
Atlantic Neighborhood District, there is no restriction on repair of
nonconforming, single-family residences located a minimum of 150 feet from
Atlantic Avenue.
Section 1.3.4:5 Nonconforming Sstructures. Where-a lawful strReturee*isteE1eii Septeftiber- 1, 1990,
built,be
LA
Definition. A Nonconforming Structure shall mean any structure or building that was lawfully
developed but does not comply with the following standards governed by the Land Development
Regulations: size,height, coverage, setbacks, or other location or design aspects.
fB Rules and Regulations of Nonconforming Structures.
(1) Enlargement or Alteration. A nonconforming structure shall not be altered or enlarged in
any way which increases its nonconformity, vertically or horizontally. Any stfue ff-e-
mwy however-, be altered te deefease its neneenfe Enlargement or alteration of the
structure in a way that complies with applicable dimensional standards and does not
Page 5 of 11 ORD NO.20-18
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create any new nonconformity, or alteration of the structure in a way that decreases the
degree of nonconformity, is permitted.
JQ Relocation. A nonconforming structure shall not be moved, in whole or in part, to
another location on or off the parcel of land on which it is located, unless the entire
structure thereafter conforms to the requirements of this Code.
(3) Reconstruction or Repair After Damage. Except as provided in Section 1.3.9 the
followingshall apply: should the r r&..,, in s4,,uet-,fe be Elast ,,y e by mea-as +„
0 of its mplaeement east the strdeture shall only be rwenstmeted
D Damage up to.50% of Value. If a nonconforming structure is damaged by any
means to an extent whereby the cost of restoring the structure to its before-
damaged condition would be 50 percent or less of the structure's current
Improvement Value as determined by the Palm Beach County Property Appraiser
before the damage,the structure may be reconstructed or repaired if:
L The reconstruction or repair does not increase, expand, enlarge, or extend
the degree of nonconformity; and
ii. The reconstruction or repair is actually begun within one year after the
damage and is diligently pursued to completion.
Damage Greater than 50% of Value. If a nonconforming structure is damaged
by any means to an extent whereby the cost of restoring the structure to its
before-damaged condition would equal or exceed 50% of the structure's current
Improvement Value as determined by the Palm Beach County Property Appraiser
before the damage, the structure shall not be reconstructed or repaired except in
confonnity with the provisions of this Code.
Le� No Restriction on Repairs Exemption. For properties located within the West
Atlantic Neighborhood District, there is no restriction on repair of
nonconforming_single- family residences located a minimum of 150 feet from
Atlantic Avenue.
reason,ShOtIld the 140fieOPISOfMifig AfHetHFO be moved for any
for-any distanee whatevef, it shall
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Seetion 1.3.5 Noneon -r-m--ing Uses of Swuevtur-es and Land. 44ier-e lawf6l muse E)f a sti-aetwe a-Ed lafid ,
HEA HOW be
7 , 9
pr-evided the use is not ex4effded to aeeupy any!and etAside the existing stmetur-e-
whieh i4 in t. -ate.1
(C) Rxeept as pr-evided in Seetion 1.3.8 9
0 the stfuet�dfe shall
east,
Section 1.3.6 Repairs and Mmaintenance. On any nonconforming structure or on a structure containing a
nonconforming use, work may be done on ordinary repairs, or on repair or replacement of fixtures,
nonbearing walls, plumbing, or wiring, provided the repair work does not exceed 4"' 25% of the current
replacement east he stfuetur-e Improvement Value of the structure as determined by the Palm Beach
County Property Appraiser in any 12-month period, unless the damage is caused by an Act of God in which
case Section 13.99 shall apply. The following exceptions may apply:
(A) West Atlantic Neighborhood District. For properties located within the West Atlantic
Neighborhood District, there is no restriction on repair of nonconforming single-family
residences located a minimum of 150 feet from Atlantic Avenue. In addition;the—Site Plan
a of the euffeHt feplaeefflefit eest of the
stFuetufe in any 12 month 9
Seefien 1.3.8 shall apply. However-, impr-evemeftts to eefttfibffdHg stfuetffes within histefie
10'
e iRtefief and
159% ex4efior-ngEmim„m 4L.«anl•.olds
(B) Unsafe Structures. If the Chief Building Official declares a nonconforming structure or
structure containing a nonconforming use to be unsafe or unlawful due,to its physical condition,
such structure shall not be rebuilt, fepaifed, , except in conformance with the
requirements of the zoning district in which it is located.
Page 7 of 11 ORD NO.20-18
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(C) Conforming Structures. Nothing herein shall prevent the strengthening or restoring to a safe
condition, any conforming structure buildin , or part thereof declared to be unsafe by the Chief
Building Official.
�D) Historic Structures. If granted approval by the Historic Preservation Board WB), as a
Certificate of Appropriateness repairs and maintenance to contributing structures within historic
districts or to individually listed historic structures can exceed the 25%threshold referenced in
this section.
Section 1.3.7 Exterior Remodeling.
b Exterior modifications to a nonconforming structure or a structure containing a nonconforming
use shall be approved only in compliance with ALL of the following:
The value of the modifications in any 12-month period does not exceed 25% of the
current Improvement Value as determined by the Palm Beach County Property
Appraiser, except that improvements to contributing structures within historic districts or
to individually listed historic structures can exceed the 25% exterior remodeling
maximum thresholds if approved by the Historic Preservation Board.
The exterior remodeling does not result in an increase of the floor area devoted to a
nonconforming use;
The exterior remodeling does not result in the increase in the number of dwelling units;
and
0 The modification is approved as follows:
a. Single-family detached residence or duplex requires approval by the Chief
Building Official or designee.
b. Non-residential structure mixed-use structure, or multifamily structure requires
approval pursuant to Article 2.4.
C. Structures located within the historic districts or individually listed historic
structures require approval by the Historic Preservation Board.
Section 1.3.78 Uses Aallowed as Ceonditional Uttses. Any legally established use which is now allowed
as a conditional use in a zoning district but which, presto September 1,1 was once an le all
established permitted use shall not be deemed a nonconforming use but shall, without further action, be
considered a conforming, conditional use. Any modification of a use considered a conforming, conditional
use must be processed in the same manner as a modification to a conditional use as required by these
Page 8 of 11 ORD NO.20-18
Regulations. A use previously established as a conditional use and-now allowed as such, shall be subject to
conditions as originally imposed thereon.
Section 1.3.89 Reconstruction Naecessitated by an Act of God.
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(A)Definition. An Act of God (the event) is an unusual, extraordinary sudden and unexpected
manifestation of the forces of nature which man cannot resist which may include but not be limited
to, floods, storms, fire and other catastrophes. An event shall not be considered an Act of God if it
results from or is contributed to by the intentional or deliberate act or negligence of the owner that
may have been prevented by the exercise of reasonable diligence or ordinary care. When an Act of
God combines or occurs with the intentional or deliberate act or negligence of the owner and the
damage necessitating the reconstruction would not have resulted but for the owner's intentional or
deliberate act or negligence or omission,the event shall not be considered an Act of God.
(B)-(A} If a lawful nonconforming resided;,,' er- eew.,iier-eial structure or a structure containing_a
nonconforming use is damaged or destroyed by an Act of God (the event), the owner shall be
permitted to rebuild the structure in accordance with the use and number of units and square footage
permitted by the certificate of occupancy in existence prior to the occurrence of the event. Where
necessary, in order to accommodate the use or the same number of such units, structures may be
reconstructed to heights previously established on building permit plans approved prior to the
occurrence of the event. All rebuilding shall comply with fire and building codes in effect at the
time of reconstruction, and shall comply to the greatest extent possible with applicable provisions of
the Land Development Regulations.
(C)(R) In girder t To receive approval for rebuilding pursuant to this section, applications for building
permits must be submitted within one year of the date on which the event occurred and all
reconstruction must be completed within three years from the date of the event.
LvIThe following apply v the
purposes of this seetion:e
defined bek)�A
e
homes,dwelling units sueh as
and ap-Aments, as well as
1 9
(The Event,11An Aetof vvu (� unusual, ,
9 but net be liffiited f 7
fife and other- eatas4ephes. Aii
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Section 3. That ARTICLE 7.8 "UNSAFE BUILDINGS OR STRUCTURES99 at Section 7.8.4
"Requirements for alterations, additions, or repairs" of the Land Development Regulations of the City of
Delray Beach,Florida is hereby amended at Sub-section(A)to read as follows:
ARTICLE 7.8 UNSAFE BUILDINGS OR STRUCTURES
Section 7.8.4 Requirements for alterations, additions, or repairs.
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(A) Subject to the provisions of Paragraph (C) of this subsection, alteration, repair, or rehabilitation
work may be made to an existing building or structure without requiring the entire building or
structure to comply with all the requirements of this code, provided that the alteration, repair, or
rehabilitation work conforms to the requirements of the code for new construction. However, if an
existing building or structure is damaged by fire or otherwise requires repairs in excess of 50 percent
of the structure's current Improvement Value as determined by the Palm Beach County Property
Appraiser-of Its r r'^�ment eest ry_ pfeveN by a a ' the entire building or structure
shall be made to conform to all current codes and Land Development Regulations for new buildings
and current land use regulations. Additionally, any buildings or structure containing a
nonconforming use must comply with current Land Development Regulations if required repairs of
the structure exceed 25 percent of the structure's current Improvement Value as determined by the
Palm Beach Copply Property Appraiser. *er recce-��; a e�lac�m�n�^^ —tl�e�t tetur�er
(B) (D) (Shall remain the same as previously adopted).
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Section 4. Repeal of Conflicting Ordinances. All ordinances or parts thereof or parts of the
Code conflicting or inconsistent with the provisions of this ordinance are hereby repealed.
Section 5. Severability. If any word, clause, sentence, paragraph, section or part thereof
contained in this Ordinance is declared to be unconstitutional,unenforceable,void or inoperative by a court of
competent jurisdiction,such declaration shall not affect the validity of the remainder of this ordinance.
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Section 6. Inclusion in Code. This ordinance shall be codified in the Code of Ordinances oft e
City of Delray Beach,Florida.
Section 7. Effective Date. The provisions of this Ordinance shall become effective
immediately upon adoption.
d and f�a
PASSED AND ADOPTED m on......s
regular session�, F reading on this ay of
2018.
"Shelly Petrolia, yor
ATTEST:
Katerri Johnson, Clerk
First Reading ///6
t
Second Reading 10
Approved as to form an legal sufficiency:
' w i
Aiioihey
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