Ord No. 24-18 ORDINANCE NO.24-18
AN ORDINANCE OF THE CITY CONAff SSION OF THE CITY OF DELRAY
BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT
REGULATIONS OF THE CODE OF ORDINANCES, BY AMENDING
C1-IAPTER 2, "ADMINISTRATIVE PROVISIONS", ARTICLE 2.1,
"DEVELOPMENT MANAGEMENT SERVICES GROUP," SECIION 2.1.2,
"ADMINISTRATIVE ORGANIZATION AND RESPONSIBIILITIES," BY
ADDING APPROVAL OF ZONING CERTIFICATE OF USE AND OCCUPANCY
AS A RESPONSIBILITY OF THE PLANNING AND ZONING DIRECTOR;
AMENDING ARTICLE 2.4, "GENERAL PROCEDURES", SECTION 2.4.4,
GENERAL PROCEDURES PERTAINING TO APPROVAL OF LAND USE AND
DEVELOPMENT APPLICATIONS", BY AMENDING SUBSECTION (E),
"EXPIRATION OF APPROVALS",TO PROVIDE AN EXPIRATION DATE FOR
A ZONING CERTIFICATE OF USE AND OCCUPANCY; AMENDING
SECTION 2.4.5, "PROCEDURES FOR OBTAINING DEVELOPMENT
APPROVALS", BY AMENDING SUBSECTION (F), "SITE AND
DEVELOPMENTANDMASTERDEVELOPMENTPLANS(MDP),"TODEFINE
AND CLARIFY THE APPROVAL PROCESS FOR A CLASS V SITE PLAN AND
MASTER SITE DEVELOPMENT PLAN; AMENDING SUBSECTION (G),
MODIFICATIONS TO SITE AND DEVELOPMENT PLANS," TO FURTHER
CLARIFY SITE AND MASTERDEVELOPMENT PLANS,AND ADD A PROCESS
FOR ZONING CERTIFICATE OF USE AND OCCUPANCY; AMENDING
APPENDIX A, "DEFINITIONS," BY ADDING "ZONING CERTIFICATE OF
USE AND OCCUPANCY," PROVIDING A CONFLICTS CLAUSE, A
SEVERABILITY CLAUSE, AUTHORITY TO CODIFY, AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS,the City of Delray Beach Land Development Regulations currently require a Class III Site
Plan Modification for any change of use which is a change in the intensity of use,even if it is from one pen-nitted
use to another,and,
WHEREAS,frequently a change of use from one permitted use to another within an existing commercial
or mixed-use structure does not require associated site modifications resulting from the change of use;and,
WHEREAS,there are also instances where business owners seek a business tax receipt prior to obtaining
zoning confirmation for the respective use;when there are additional approvals required for the respective use
not previously identified by the business owner,this additional time can negatively impact the businesses ability
to open within the time programmed bythe business operator;and,
WHEREAS,the proposed Zoning Certificate of Use and Occupancy and the associated process provides
a zoning review in advance of the business tax receipt request and also provides a more streamlined zoning
review and approval for use changes which are-within thepermitted uses and which do not require any physical
site modifications to accommodate the new use;and,
WHEREAS, the Certificate of Use process will support our economic development initiatives by
providing businesses a more streamlined process for use approval while still providing the appropriate zoning
review-,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 change is consistent with and furthers the goals,objectives
and policies of the Comprehensive Plan;and,
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 5 to 1 to recommend that the changes be
approved;and,
WHEREAS,the City Commission of the City of Delray Beach adopts the findings in the Planning and
Zoning Staff Report;and,
WHEREAS, the City Commission of the City of Delray Beach finds the Ordinance is consistent with
the Comprehensive Plan.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
DELRAY BEACK FLORIDA,AS FOLLOWS:
Section 1. That the recitations set forth above are incorporated herein.
Section 2. That Section 2.1.2, "Administrative organization and responsibilities", Subsection (B)
"Responsibilities of required positions", Sub-Subsection (a) "Director", of the Land Development Regulations
of the Code of Ordinances of the City of Delray Beach,Florida,be and the same is hereby amended as follows:
(a) Director.
1.4.1(0) Interpretations of Use
4.3.2(C)(1) Interpretations of Use
2.4.3 Waivers of,or additions to,individual land development submission requirements
2.4.3(A)(1) The form of development order applications
ORD NO. 24-18
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2.4.5(G)(3) Approval of non-impacting site plan modifications and Zoning Certificate of
Occupancy and Use
2.4.5(I)(1)(a) Promulgation of list of items not requiring Architectural Approval
2.4.60)(1)(c) Promulgation of list of items not requiring a GO-.A:
2.4.7(D) Granting of Administrative Relief
2.4.8(C)(4) Acceptance of late submissions
2.4.9(B) Certification of Site Plans
2.4.1(C)(3) Designation as Gty Preservation Officer
Additional Items:
® Ensuring compliance with the annual review process established for the Comprehensive Plan as set forth
in Part V of said Plan.
® Designation as the Ex-Officio Member to the Planning and Zoning Board.
® Designation as the Ex-Officio Member to the Site Plan Review and Appearance Board.
® Designation as the Ex-Officio Member to the Historic Preservation Board.
Section 3. That Section 2.4.4, "General procedures pertaining to approval of land use and
development applications", Subsection (E) "Expiration of Approvals", of the Land Development Regulations
of the Code of Ordinances of the City of Delray Beach,Florida,be and the same is hereby amended to read as
follows:
(E) Expiration of approvals.
(1) Conditional uses, site plans, site planxlifuatzons,preliyr¢nary sulxlizision plats, zoning certificate of use and
oast . All approval expiration dates for Conditional Use, Site Plan, Site Plan Modification,and Preliminary
Subdivision Plat,and Zoning Certificate of Use and Occupancy shall be determined as follows:
(a) Approvals of Class IV and V Site Plans, Conditional Uses, and Major Conditional Use
Modifications shall be valid for a period of 24 months.Class I-III Site Plan Modifications and Minor Conditional
Use Modifications to an approved and established project, shall be considered a new approval and have an
additional 24-month approval period. Class I-III Site Plan Modifications and Minor Conditional Use
Modifications to an approved, yet unestablished project, shall be valid until the expiration date for the original
Site Plan and/or Conditional Use approval.
ORD NO. 24-18
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(b)
Approval of a Zoning Certificate of Use and Occupancy shall be valid for a period of 60 calendar
days from the date of W12roval b application is not submitted prior to
,y the Director. If a Business Tax Receipt
the expiration date, a new Zoning Certificate of Use and.Occupancy must be requested, and a new fee will be
required.
Section 4. That Section 2.4.5, "Procedures for obtaining development approvals", Subsection (F)
"Site and Development and Master Development Plans (MDP)", of the Land Development Regulations of the
Code of Ordinances of the City of Delray Beach,Florida,be and the same is hereby amended to read as follows:
(F)Site and 9--- and Master Demlopment Plans (MDP).
(1) Rule. Site and develepme plans are divided into five classifications. Class I - Class IV are
modifications to site afid develepme plans which include exterior site or building jinprovements and additions,
as and are further described in Section 2.4.50. 4le Site Pka --n-d Appea--M-pp- I-Riem-rA-, er-the wAst
Beafd, as appheable, apprew subjeet te eendkiens ei: deny a gass V site
develepmem plan. A Chiss V Site - I P-1 M- deseiibed as 4&Rezv�-A Class V Site Plan is an
Wplication for new development of vacant land, or modification of a property originally loped as a single-
family residence or du H Performance Standards found in Section 3.1.1. A
duplex and which requires fu review of Pe o
Master Development Plan is a plan required for properties within certain zoning districts or for projects which
are phased. A Zoning Certificate of Use and Occupancy is a request for a change of use or occupancy to
permitted use where no exterior site improvements are required.
W Qzs 14 new apphea-tien fer develepment ef vaeant Wid, er for medifieatien ef a developed
p rep e ny when no vaM s ite p Ian ef re e e rd ex-is 1�s 5-m-d-;x x1h-ie h re quire s f ug review e f ffl-q-an-e-e Stan&rds f e und
in Seetien 344-.
(2) Required information. The following information must be presented in a site and development
plan or a Master Development Plan WP) submittal-
allStandard Application Items pursuant to Section.2.4.3(A);
XStandard Site Plan Items pursuant to Section 2.4.3(B);
UcStandard Landscaping Plan Items pursuant to Section 2.4.3(C);
aPreliminary Engineering Plans pursuant to Section 2.4.3(D);
WTraffic Statement, Study,Report pursuant to Section 2.4.3(E)-Land,
AL UeStandard Architectural Elevation Items pursuant to Section 2.4.3(G);
(3) Procedure. A Class V site and develepme plan or Master Development Plan application shall
be processed through the following sequence:
(a) Receipt and certification as complete;
(b) Administrative review for technical compliance
ORD NO. 24-18
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(b)UcConsideration at a public meeting before the Planning and Zoning Board,the Site Plan Review and
Appearance Board,or the Historic Preservation Board as appropriate,at which time action maybe taken.
{c4od For Class V site plan applications that include a request under the CBD's Incentive Program(see
Section 4.4.13("):final action on the Class V site plan shall be taken by the City Commission after receiving a
recommendation from the Site Plan Review and Appearance Board.
(e) Certification by the Director,or designee,of final approved plans.
(4) Conditions. Conditions maybe imposed by the appropriate Board for Class V site plans and
Master Development Plans pursuant to Section 2.4.4(C)_
(5) Findings. In addition to provisions of Chapter 3,the approving body must make a finding that
development of the property—n-a-twe --be site plan as represented by the Class V site plan or MDP will be
compatible and harmonious with adjacent and nearby properties and the City as a whole, so as not to cause
substantial depreciation of property values.
(6) Master Development Plans, Special Prozis ions.
(a) A Master Development Plan(MDP)for property not located within a designated historic district
and not located on an individually listed property shall be approved by the Planning and Zoning Board.A MDP
shall be the guide for any subsequent site plan or subdivision action.A site plan shall be required for any phase
or the entire area encompassed by a MDP.Individual site plans shall be processed pursuant to Section 2.4.5(G),
(1-1),and(1)with approval authority of the Site Plan Review and Appearance Board.
(b) A Master Development Plan(MDP) for property located within a designated historic district or
on an individually listed property shall be approved by the Historic Preservation Board. A MDP shall be the
guide for any subsequent site plan,subdivision,and/or certificate of appropriateness,individual applications for
which shall be approved by the Historic Preservation Board.
Cc) Variances and waivers to the requirements of base district standards and supplemental district
regulation's, referred to herein, may be granted by the Planning and Zoning Board concurrent with approval of
the Master Development Plan without the requirement of a public hearing.
(d) Upon approval of a MDP, the =roved MDP shall be stamped and certified by the Director.
Subsequent to approval of a MDP,all further submissions for review and permits shall conform in everyrespect
with the MDP except as it maybe officially modified pursuant to Section 2.4.5ka.,
0 Master deve�pment plan ef r-eeeFd.Upen apprev-al ef a AgDP,the appra�ed MPP S11A be
stamped and eeaified by the Direeter as te .ts status.S4seqtient te approval ef a NPP, A ftuihe
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subw�ssieasfer-feviewan e i f e e p t a s it w.,iy b e_e ff ke�:-11
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ORD NO. 24-18
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Section 5. That Section 2.4.5, "Procedures for obtaining development approvals", Subsection (G)
"Modifications to site and development plans and Master Development Plans", of the Land Development
Regulations of the Code of Ordinances of the City of Delray Beach,Florida,be and the same is hereby amended
to read as follows:
(G)Modifications to site and dewlepmen plans and MasterDew1opment Plans.
(1) Rule. No change of use or modification to an approved site and development plan or a Master
Development Plan shall be made unless application has been made and the change of use or
modification approved. Change of uses and raModifications to such plans shall be classified as follows:
La) ZoningCe?pLicate of Use and Occupancy. Approval of a change of use for permitted uses
--
which do not require any exterior site improvements or modifications as required for a Class I to IV; these
certificates do not require Board action.
Class L Approval of items listed in Section 2.4.5(1)(1)such as but not limited to:walls,fences,
slabs, dumpster enclosures, sheds, etc.which do not require Board rffiew actio ; and changes in architectural
elevations which require Board Fevie action.
Cc) . (b) Class 11. Approval of a modification to a site plan (other than Class I applications) which
requires no review of Performance Standards found in Section 3.1.1,but which requires action by a Board.
Od {c) Class III. A modification to the site plan which represents either a change in intensity of use,
or which affects the spatial relationship among improvements on the land, requiring partial review of
Performance Standards found in Section 3.1.1.
Oe (d) Class IV. A modification to a site plan which represents either a significant change in the
intensity of use or significant changes which affect the spatial relationship among improvements on the land,
requiring full review of Performance Standards found in Section 3.1.1.
(2) Required information. The following information, along with the appropriate application
preeessing must be presented with a request feic a site and develepment pka ffiedifieatie for the fo
Oa Zoning Ce9z Licate of Use and Occupancy. Completed application along with a site survey,
an exhibit showing the business floorplan,any additional documentation requested by the Planning and Zoning
Division based Won the proposed use,and the application fee set b Reso6tionof -
the Q Commission.
City
Class I and H. Completed Application along with an exhibit showing that portion of the site
plan which is to be changed in its present condition and an exhibit depicting the requested change.
ORD NO. 24-18
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Oc (19 Class III and IV Completed Application,and Required Information as applicable pursuant
to-Section 2.4.3(A), (B), (C), (D), (E),and(G) shall be provided along with a copy of the original site plan upon
which the proposed changes are depicted.
(3) Procedure. A certificate of use and occupancy or site and development plan modifications shall
be processed as follows:
(a
Zoning Cegificate of Use and Occupgncy. Receipt and acceptance of the submittal;
administrative review for compliance with the LDRs,Building- Code,and Fire Code,•confirmation that no current
violations are on file with the Code Enforcement Division, and, action by the Director, or designee, prior to
application for a Business Tax Receipt
Class I and 11. Receipt and acceptance of the submittal,administrative review,and action by the
Director,or designee, or appropriate fe�,4 -Board if applicable.
(Z#"c Class III and IV. Receipt and acceptance of the submittal and action by the appropriate Board.
(4) Conditions. Conditions maybe imposed bythe Director, or designee, or appropriate Board for
Zoning Certificates of Use and Occupancy or Class I-IV site lan mo n 2.4.4(0).
modifications pursuant to Sectio
(5) Findings. Formal findings are not required for a Class I or II modification. A f4k*that the
pr-epesed ehanges de net signi ean*affeet the eriginalbFappreved plan must be made eeneuffent with appr-e
ef a 0ass M fn rlif�er_Qt-;
t -aen. Class IV modification is subject to the same findings required of a new submittal.
Section 6. That Appendix A, "Definitions", of the Land.Development Regulations of the Code of
Ordinances of the City of Delray Beach,Florida,be and the same is hereby amended to read as follows:
Zoning Certificate of Use and Occupancy An inspection method by which the city documents the
existing conditions of a non-residential propen3G identifies any non-conformities to be addressed bv-
occMant/owner-, establishes current land use and zoning; and grants approval to occupy a given location for a
specified permitted commercial use prior to the issuance of a Business Tax Receipt.A Zoning Certificate of Use
and Occupancyis required for my change in use to a permitted use,additional -
use,or change in business within
an existing tenant space
Section 7. All ordinances or parts of ordinances in conflict herewith be and the same are hereby
repealed.
Section 8. 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 this Ordinance.
Section 9. Specific authority is hereby given to codify this Ordinance.
ORD NO. 24-18
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Section 10. That this ordinance shall become effective immediately upon its passage on second and
final reading.
PASSED �ADOPTED in regular session on secon d final reading on this the day of
e 9 2018.
a�
Shelly Petrolia�' YOR
ATTEST:
Katerri Johnson, ty Clerk
First Reading ///4 //g
Second Reading _
APPROVED AS TO FORM AND LEGAL
SUFFICIENCY-
,,"�,,)City Atto
ORD NO. 24-18
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