Ord 55-06
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ORDINANCE NO. 55-06
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRA Y
BEACH, FLORIDA, AMENDING ARTICLE 1.3, "NONCONFORMING USES,
LOTS, AND STRUCTURES", OF THE LAND DEVELOPMENT
REGULATIONS OF THE CITY OF DELRAY BEACH, FLORIDA, BY
AMENDING SECTION 1.3.6, "REPAIRS AND MAINTENANCE", TO
PROVIDE THAT IF REPAIRS ARE MADE TO STRUCTURES DAMAGED
BY AN ACT OF GOD, THEN SECTION 1.3.8, "RECONSTRUCTION
NECESSITATED BY AN ACT OF GOD", SHALL APPLY; PROVIDING A
GENERAL REPEALER CLAUSE, A SAVING CLAUSE AND AN EFFECTIVE
DATE.
WHEREAS, the City Commission has the authority to protect the public health, safety, and
welfare of its citizens; and
WHEREAS, the City Commission has determined it to be in the public's best interest to
establish reasonable regulations regarding repairs and maintenance on nonconforming structures and
lots.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRA Y BEACH, FLORIDA AS FOLLOWS:
Section 1. That Section 1.3.6, "Repairs and Maintenance", of the Land Development
Regulations of the City of Dekay Beach, Florida, be, and the same is hereby amended to read as
follows:
Section 1.3.6 Repairs and Maintenance:
(A) On any nonconforming structure or on a structure conta1nU1g 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 10% of the current replacement cost of the
structure in any 12 month period, unless the datruige is caused by an act of
God in which case Section 1.3.8 shall apply. In addition, the Site Plan
Review and Appearance Board (SPRAB) or Historic Preservation Board
(HPB) may approve exterior modifications to a nonconforming structure or
a structure containing a nonconforming use, provided the modifications do
not exceed 15% of the current replacement cost of the structure in any 12
month period, unless the damage is caused by an act of God in which case
Section 1.3.8 shall apply. However, improvements to contributing structures
within historic districts or to individually listed historic structures can exceed
the established 10% interior and 15% exterior maximum thresholds.
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Section 2. That should any section or proVlslon of this ordinance or any portion
thereof, any paragraph, sentence, clause 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
hereof other than the part declared invalid.
Section 3. That all ordinances or parts of ordinances in conflict herewith be, and the
same are hereby repealed.
Section 4.
final reading.
\",",~ASSED A@ ~PTED in regular session on second and final reading on this the
\ \ day of ~~ Il.D ,2006.
That this ordinance shall become effective upon its passage on second and
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ATTEST:
~~.~~
City Clerk
First Reading \ 'C)\ ~ \ C>l...o
Second Reading \ a\ \" \ Q..p
2
ORD NO. 55-06
TO:
FROM:
SUBJECT:
DATE:
MEMORANDUM
MAYOR AND CITY COMMISSIONERS
CITYMANAGER~
AGENDA ITEM # f b .t_ REGULAR MEETING OF OCTOBER 17. 2006
ORDINANCE NO. 55-06 (AMENDING LDR SECTION 1.3.6 "REPAIRS
AND MAINTENANCE")
OCTOBER 13, 2006
This ordinance is before Commission for second reading to amend the Land Development
Regulations Article 1.3, "Nonconforming Uses, Lots, and Structures", of the Land Development
Regulations, Section 1.3.6, "Repairs and Maintenance", to provide that if repairs are made to
structures damaged by an act of God; Section 1.3.8 "Reconstruction Necessitated by an Act of God"
shall apply.
At the first reading on October 3, 2906, the Commission passed Ordinance No. 55-06.
Recommend approval of Ordinance No. 55-06 on second and final reading.
S:\City Oerk\AGENOA COVER MEMOS\Ordinance Agenda Memos\Ord 55-06 Amend LOR See 1.3.6 Repairs and Maintenance 10.17.06.doc
FROM:
, DIRECTOR OF PLANNING AND ZONING
, ASSISTANT PLANNING DIRECTOR
MEETING OF OCTOBER 3, 2006
CONSIDERATION OF A CITY-INITIATED AMENDMENT TO THE LAND
DEVELOPMENT REGULATIONS THAT CLARIFIES LIMITS ON
RECONSTRUCTION OF NONCONFORMING STRUCTURES, OR
NONCONFORMING USES IN STRUCTURES WHEN DAMAGED OR
DESTROYED BY AN ACT OF GOD.
TO:
THRU:
SUBJECT:
This LOR text amendment will clarify that when nonconforming residential structures, or
residential structures containing nonconforming uses, are damaged or destroyed by an Act
of God, that repairs are not restricted to the limitations currently imposed to ordinary repairs
(which includes repair or replacement of fixtures, nonbearing walls, plumbing or wiring).
When the damage or destruction is caused by an Act of God, the clarifying language directs
one to Section 1.3.8, which allows the structure to be fully rebuilt in accordance with the use
and number of units permitted by the certificate of occupancy in existence prior to the
occurrence of the event.
At its meeting of September 18, 2006, the Planning and Zoning Board held a public hearing in
conjunction with the text amendment. The Board then voted unanimously to recommend approval
of the text amendment to clarify reconstruction of nonconformities when damage or destruction is
caused by an act of God, by adopting the findings of fact and law contained in the Staff Report
and finding that the request is consistent with the Comprehensive Plan and meets the criteria set
forth in LDR Section 2.4.5(M)(5).
By motion, move to approve the amendment to Land Development Regulations Section 1.3.6,
Repairs and Maintenance, by adopting the findings of fact and law contained in the Staff Report
and finding that the request is consistent with the Comprehensive Plan and meets the criteria set
forth in LDR Section 2.4.5(M)(5).
Attachment:
. Planning & Zoning Staff Report of September 18, 2006
. Ordinance No. 55-06
I~.Q,
ORDINANCE NO. 55-06
AN ORDINANCE OF THE CITY COMMISSION OF THE CITy OF
DELRA Y BEACH, FLORIDA, AMENDING ARTICLE 1.3,
"NONCONFORMING USES, LOTS, AND STRUCTURES", OF THE
LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRA Y
BEACH, FLORIDA, BY AMENDING SECTION 1.3.6, "REPAIRS
AND MAINTENANCE", TO PROVIDE THAT IF REPAIRS ARE
MADE TO STRUCTURES DAMAGED BY AN ACT OF GOD, THEN
SECTION 1.3.8, "RECONSTRUCTION NECESSITATED BY AN ACT
OF GOD"; SHALL APPLY; PROVIDING A GENERAL REPEALER
CLAUSE, A SAVING CLAUSE AND AN EFFECTIVE DATE.
WHEREAS, the City Commission has the authority to protect the public health, safety, and Welfare
of its citizens; and
WHEREAS, the City Commission has determined it to be in the publics best interest to establish
reasonable regulations regarding repairs and maintenance on nonconforming structures and lots.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
DELRA Y BEACH, FLORIDA AS FOLLOWS:
Section 1. That Section 1.3.6, "Repairs and Maintenance", of the Land Development
Regulations of the City of Delray Beach, Florida, be, and the same is hereby amended to read as follows:
Section 1.3.6 Repairs and Maintenance:
(:A.) 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, nonbearii1g walls,
plumbing, or wiring, provided the repair work does not exceed 10% of the current replacement cost
of the structure in any 12 month period, unless the damage is caused by an act of God in which case
Section 1.3.8 shall apply. In addition, the Site Plan Review and Appearance Board (SPRAB) or
Historic Preservation Board (HPB) may approve exterior modifications to a nonconforming
structure or a structure containing a nonconforming use, provided the modifications do not exceed
15% of the current replacement cost of the structure in any 12 month period, unless the damage is
caused by an act of God in which case Section 1.3.8 shall apply. However, improvements to
contributing structures within historic districts or to individually listed historic structures can exceed
the established 10% interior and 15% exterior maximum thresholds.
Section 2. That should any section or provision of this ordinance or any portion thereof, any
paragraph, sentence, clause 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 hereof other than the part
declared invalid.
Section 3.
hereby repealed.
Section 4.
reading.
That all ordinances or parts of ordinances in conflict herewith be, and the same are
That this ordinance shall become effective upon its passage on second and final
of
PASSED AND ADOPTED in regular session on second and final reading on this the
, 2006.
day
ATTEST:
City Clerk
MAYOR
First Reading
Second Reading
2
_ORONO. 55-06
MEETING DATE: SEPTEMBER 18, 2006
AGENDA NO.: IV. C.
AGENDA ITEM: CONSIDERATION OF A CITY-INITIATED AMENDMENT TO THE LAND
DEVELOPMENT REGULATIONS THAT CLARIFIES LIMITS ON
RECONSTRUCTION OF NONCONFORMING STRUCTURES, OR
NONCONFORMING USES IN STRUCTURES WHEN CAUSED BY AN
ACT OF GOD.
The item before the Board is that of making a recommendation to the City Commission
regarding a City-initiated amendment to the Land Development Regulations to clarify that non
conforming structures, and structures containing nonconforming uses, may be rebuilt without
the limitations generally applied to ordinary repairs, when reconstruction is necessitated by an
Act of God.
Pursuant to Section 1.1.6, an amendment to the text of the Land Development Regulations may
not be made until a recommendation is obtained from the Planning and Zoning Board to the
City Commission.
This LOR text amendment will clarify that when nonconforming structures, or structures
containing nonconforming uses, are damaged or destroyed by an Act of God, that repairs
are not restricted to the limitations currently imposed to ordinary repairs (which includes
repair or replacement of fixtures, non bearing walls, plumbing or wiring). When the damage
or destruction is caused by an Act of God, the clarifying language directs one to Section
1.3.8, which allows the structure to be fully rebuilt in accordance with the use and number of
units permitted by the certificate of occupancy in existence prior to the occurrence of the
event.
REQUIRED FINDINGS
LDR Section 2.4.5(M)(5) (Findinas): Pursuant to LDR Section 2.4.5(M)(5) (Findings), in
addition to LDR Section 1.1.6(A), the City Commission must make a finding that the text
amendment is consistent with and furthers the Goals, Objectives and Policies of the
Comprehensive Plan.
A review of the objectives and policies of the adopted Comprehensive Plan was conducted and
the following applicable Policy was noted:
Policy A-2.5 states that the section of the Land Development Regulations that deals with
nonconforming uses and structures shall be comprehensively evaluated in order to ensure that
IV. C.
Planning and Zoning Board Memorandum Staff Report, September 18, 2006
Amendment to LDRs: Damaged Caused by Acts of God and Reconstruction of Nonconformities
the restrictions on the continuation, expansion, and improvement of nonconforming structures
and uses are clear and enforceable.
This ordinance is consistent with this policy of the comprehensive plan since it will help to clarify
when nonconformities can be rebuilt, and to what extent.
Courtesy Notices:
Courtesy notices were provided to the following homeowner and civic associations:
· Progressive Residents of Delray (PROD)
· President's Council
· Neighborhood Advisory Council
Letters of objection and support, if any, will be provided at the Planning and Zoning Board
meeting.
The purpose of this City-initiated LOR text amendment is to clarify that nonconformities can be
rebuilt when caused by an Act of God. The proposed amendment is consistent with and
furthers the Goals, Objectives and Policies of the Comprehensive Plan.
Recommend approval of the City-initiated amendment to LOR Section 1.3.6, relating to the
repair and maintenance of nonconforming structures, and structures containing nonconforming
uses, by adopting the findings of fact and law contained in the staff report and finding that the
request is consistent with the Comprehensive Plan and meets criteria set forth in Section
2.4.5(M) of the Land Development Regulations.
Attachments:
· Proposed Ordinance No. 55-06
· Modified LDR language
2
SECTION 1.3.6
Section 1.3.6 Repairs and Maintenance:
(A) 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 10% of
the current replacement cost of the structure in any 12 month period, unless, the
damaQe is caused by an actor God in which case Section 1.3.8 shall apply. In addition,
the Site Plan Review and Appearance Board (SPRAB) or Historic Preservation Board
(HPB) may approve exterior modifications to a nonconforming structure or a structure
containing a nonconforming use, provided the modifications do not exceed 15% of the
current replacement cost of the structure in any 12 month period, unless the damaqe is
caused, by an act of God in which case Section 1.3.8 shall, apply. However,
improvements to contributing structures within historic districts or to individually listed
historic structures can exceed the established 10% interior and 15% exterior maximum
_u -thre-sRolds. - [Amd. Ord.-62..g4-11-J16/04]i[Amd.-Ord-.28-94 -a/17/94)
(B) 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, repaired, or restored, except in conformance with the
requirements for the zoning district in which it is located. .
(C) Nothing herein shall prevent the strengthening or restoring to a safe condition,
any building or part thereof declared to be unsafe by the Chief Building Official.
Section 1.3.7 Uses Allowed as Conditional Uses: Any use which is now allowed as
a conditional use in a zoning district but which, prior to September 1, 1990, was an
established permitted use shall not be deemed a nonconforming use but shall without
further action be considered a conforming conditional use. A use previously established
as a conditional use and now allowed as such, shall be subject to conditions as
originally imposed thereon.
Section 1.3.8 Reconstruction Necessitated bv An Act of God: [Amd. Or-d. 17-95
3/21/95]
(A) If a lawful nonconforming residential structure 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 permitted by the certificate of occupancy
in existence prior to the occurrence of the event. Where necessary, in order to
accommodate 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. [Amd. Ord. 17-95 3/21/95]
1.3 - 3
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SECTION 1.3.8 (B)
(8) In order 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. [Amd. Ord. 17-95 3121195]
(C) The following definitions apply for the purposes of this section: [Amd. Ord.
17-95 3121195]
(1) Residential Structure: A Residential Structure is a structure that
includes permanent dwelling units such as homes, townhouses, condominiums, and
apartments, as well as temporary dwellings such as hotel/motel rooms and resort
dwelling units. [Amd. Ord. 17-95 3/21195]
(2) Act of God (The Event): An Act of God (the event) is an unusual,
--- extr-aord-inary, -sudden--ana unexf)eetedmanifestationof. thefercesofnature 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. [Arttd. Ord. 11-95
3121195]
1.3 - 4
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