Ord 81-06
ORDINANCE NO. 81-06
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRA Y BEACH, FLORIDA, AMENDING SECTION 1.3.8,
"RECONSTRUCTION NECESSITATED BY AN ACT OF GOD" OF
THE LAND DEVELOPMENT REGULATIONS BY AMENDING
SUBSECTION 1.3.8 (A) TO PROVIDE FOR RECONSTRUCTION OF
LAWFUL NON-CONFORMING COMMERCIAL AS WELL AS
RESIDENTIAL STRUCTURES AND PROVIDING FOR DEFINITION
OF COMMERCIAL STRUCTURE, PROVIDING FOR RELETTERING
AND RENUMBERING; PROVIDING A SAVINGS CLAUSE, A
GENERAL REPEALER 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 held on November 20, 2006 and voted 4 to 0 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 change is consistent with and furthers
the goals, objectives and policies of the Comprehensive Plan; 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 DELRA Y BEACH, FLORIDA:
Section 1. That Section 1.3.8 of the Land Development Regulations is hereby amended by
amending Sections 1.3.8(A) and 1.3.8(C) to read as follows:
Section 1.3.8 Reconstruction Necessitated by an Act of God:
(A) If a lawful nonconforming residential or commercial 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 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.
(B) 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.
(C) The following definitions apply for the purposes of this section:
(1) Commercial Structure: A Commercial Structure is a structure that
is not residential as defined below.
ffl .(2) 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.
t21 m Act of God (The Event): 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.
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
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 4. That all ordinances or parts of ordinances in conflict herewith be, and the
same are hereby repealed.
Section 5. This ordinance shall become effective immediately for all properties outside
of the Coastal Planning Area and shall become effective for properties located within the Coastal
Planning Area upon adoption of a modification to the Comprehensive Plan.
2
ORD. NO. 81-06
~~ PASSED AND ADOPTED in regular session on second and final reading on this the
day of ~~ ,2007.
)
ATTEST:
~ylR ~
~\).~~
City Clerk
First Reading
\~~\D'v
\~\~
Second Reading
3
ORD. NO. 81-06
MEMORANDUM
FROM:
MAYOR AND CITY COMMISSIONERS
CITY MANAGER~
AGENDA ITEM # } 0 . F - REGULAR MEETING OF JANUARY 2.2007
ORDINANCE NO. 81-06
TO:
SUBJECT:
DATE:
DECEMBER 28, 2006
This ordinance is before Commission for second reading for city initiated amendment to the Land
Development Regulations (LDR) amending Section 1.3.8, "Reconstruction Necessitated by An Act of
God", to add provisions for the reconstruction of lawful nonconforming commercial structures
damaged or destroyed by an Act of God.
At the first reading on December 5, 2006, the Commission passed Ordinance No. 81-06.
Recommend approval of Ordinance No. 81-06 on second and final reading.
S:\Ciry Clc:rk\AGENDA COVER MEMOS\On\inance Ag.:nda Mernos\Onl81-06 Amend LDR See \.3.8 Rccon.llUction Necessitated by An Act of God 01.02.07 2nd reading.doc
A
\
FROM:
TO:
THRU
SUBJECT: MEETING OF DECEMBER 5, 2006
CONSIDERATION OF A CITY-INITIATED AMENDMENT TO THE LAND
DEVELOPMENT REGULATIONS, AMENDING SECTION 1.3.8,
"RECONSTRUCTION NECESSITATED BY AN ACT OF GOD", TO ADD
PROVISIONS FOR THE RECONSTRUCTION OF LAWFUL
NONCONFORMING COMMERCIAL STRUCTURES DAMAGED OR
DESTROYED BY AN ACT OF GOD.
The item before the City Commission is approval of a City-initiated amendment to the Land
Development Regulations to add the provision that lawful nonconforming commercial structures
and structures containing nonconforming commercial uses, may be rebuilt when reconstruction
is necessitated by an Act of God.
The purpose of this City-initiated LDR text amendment is to expand the provisions in the LDRs
for the reconstruction of nonconforming structures damaged or destroyed by an Act of God to
include commercial structures. Given the intensity of the 2004 and 2005 hurricane seasons, the
issue of how to deal with the potential for substantial structural damage has come to the
forefront. Nonconforming commercial structures are currently excluded from existing provisions
in the Land Development Regulations which make it possible to rebuild nonconforming
residential structures. In order to provide a relief mechanism to deal with the potential financial
loss to property and business owners, as well as the loss of goods and services available to
residents of the City, should a major disaster take place, the proposed text amendment expands
those provisions to include commercial structures.
The proposed amendment is generally consistent with and furthers the Goals, Objectives and
Policies of the Comprehensive Plan. However, pursuant to Coastal Management Element
Objective and Policies, the reconstruction of nonconforming structures within the Coastal
Planning Area destroyed by a natural disaster is limited to residential, hotel, motel and resort
dwelling unit structures. Since commercial uses are not included, the proposed text amendment
is not consistent with these policies. Therefore, a Comprehensive Plan Text Amendment will be
required before the new provisions are effective within the Coastal Planning Area. This text
amendment will be added to Comprehensive Plan Amendment 2006-1 prior to adoption by the
City Commission. If passed, the ordinance will be effective immediately for all areas outside of
the Coastal Planning Area and then once the Comprehensive Plan is changed, in the Coastal
Planning Area as well.
The text amendment was considered by the Planning and Zoning Board on November 20, 2006.
One member of the public, Art Taylor, who owns property in the 600 and 700 block of North
t2.t
.'
City Commission Meeting of December 5, 2006
Amendment to LDR Section 1.3.8, "Reconstruction Necessitated by an Act of God"
Page 2
Federal Highway, spoke in favor of the amendment. The Board discussed the Ordinance and
recommended approval on a 4 to 0 vote (Eliopoulos, McDuffie and Halberg absent), by adopting
the findings of fact and law contained in the staff report and finding that the amendment is
consistent with the Comprehensive Plan and meets criteria set forth in Section 2.4.5(M) of the
Land Development Regulations.
By motion, approve on first reading Ordinance No. 81-06, amending LDR Section 1.3.8,
"Reconstruction Necessitated 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 criteria set forth in Section 2.4.5(M) of the Land Development Regulations, with
second reading to occur on December 12, 2006.
Attachments:
. Ordinance No. 81-06
· Planning & Zoning Staff Report of November 20, 2006
ORDINANCE NO. 81-06
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRA Y BEACH, FLORIDA, AMENDING SECTION 1.3.8,
"RECONSTRUCTION NECESSITATED BY AN ACT OF GOD" OF
THE LAND DEVELOPMENT REGULATIONS BY AMENDING
SUBSECTION 1.3.8 (A) TO PROVIDE FOR RECONSTRUCTION OF
LAWFUL NON-CONFORMING COMMERCIAL AS WELL AS
RESIDENTIAL STRUCTURES AND PROVIDING FOR DEFINITION
OF COMMERCIAL STRUCTURE, PROVIDING FOR RELETTERING
AND RENUMBERING; PROVIDING A SAVINGS CLAUSE, A
GENERAL REPEALER 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 held on November 20, 2006 and voted 4 to 0 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 change is consistent with and furthers the goals,
objectives and policies of the Comprehensive Plan; 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
DELRA Y BEACH, FLORIDA:
Section 1. That Section 1.3.8 of the Land Development Regulations is hereby amended by
amending Sections 1.3.8(A) and 1.3.8(C) to read as follows:
Section 1.3.8 Reconstruction Necessitated by an Act of God:
(A) If a lawful nonconforming residential or commercial 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 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 ofthe event. All rebuilding shall comply with fire and
1
building codes in effect at the time of reconstruction, and shall comply to the greatest extent
possible with applicable provisions ofthe Land Development Regulations.
(B) 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.
(C) The following definitions apply for the purposes of this section:
(1) Commercial Structure: A Commercial Structure is a structure that is not
residential as defined below.
fl1 ill 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.
~ ill Act of God (The Event): 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.
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 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 4.
hereby repealed.
That all ordinances or parts of ordinances in conflict herewith be, and the same are
Section 5. This ordinance shall become effective immediately for all properties outside of the
Coastal Planning Area and shall become effective for properties located within the Coastal Planning Area
upon adoption of a modification to the Comprehensive Plan.
of
PASSED AND ADOPTED in regular session on second and final reading on this the
,2006.
day
2
ORD. NO. 81-06
ATTEST:
City Clerk
First Reading
Second Reading
MAYOR
3
ORD. NO. 81-06
-
MEETING DATE: NOVEMBER 20, 2006
AGENDA NO.:
V.E.
AGENDA ITEM:
CONSIDERATION OF A CITY-INITIATED AMENDMENT TO THE LAND
DEVELOPMENT REGULATIONS TO ADD PROVISIONS FOR THE
RECONSTRUCTION OF LAWFUL NONCONFORMING COMMERCIAL
STRUCTURES DAMAGED OR DESTROYED 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 add the
provIsion that lawful nonconforming commercial structures, and structures containing
nonconforming commercial uses, may be rebuilt 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.
When nonconforming residential structures or structures containing nonconforming residential
uses are damaged or destroyed by an Act of God, the LDRs allow 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. Furthermore, those repairs are not restricted
to the limitations currently imposed on ordinary repairs (including repair or replacement of
fixtures, nonbearing walls, plumbing or wiring). This LDR text amendment will expand these
provisions to include commercial structures. Given the intensity of the 2004 and 2005 hurricane
seasons, the issue of how to deal with the potential for substantial structural damage has come
to the forefront. Nonconforming commercial structures are currently excluded from existing
provisions in the Land Development Regulations which make it possible to rebuild
nonconforming residential structures. In order to provide a relief mechanism to deal with the
potential financial loss to property and business owners, as well as the loss of goods and
services available to residents of the City, should a major disaster take place, the proposed text
amendment expands those provisions to include commercial structures.
REQUIRED FINDINGS
LOR Section 2.4.5(M)(5) (Findinas): Pursuant to LDR Section 2.4.5(M)(5) (Findings), in
addition to LOR 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 is noted:
V. E.
..
Planning and Zoning Board Memorandum Staff Report, November 20, 2006
Amendment to LDRs: Reconstruction Necessitated by an Act of God
Page 2
Future Land Use Element 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 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.
Additionally, the following Objective and Policies are applicable to reconstruction within the
Coastal Planning Area:
Coastal Manaaement Element Obiective C-3
The development of vacant and under-developed land on the barrier island shall occur in a
manner which does not change the character, intensity of use, or demand upon existing
infrastructure in the Coastal Planning Area, as dictated in the following policies:
Policy C-3.3 Whenever a structure is damaged to an extent of greater than 50% of its value, it
shall not be reconstructed unless such reconstruction complies with the requirements of the
zoning district which applied to the property and with the policies of the Coastal Management
Element of the Comprehensive Plan, except as provided in Policy C-3.5.
Policy C-3.5 Whenever a residential, hotel, motel, or resort dwelling unit structure is
destroyed to an extent of greater than 50% of its value by disaster, the structure may be rebuilt
to pre-disaster densities and heights if permit applications are submitted within one year
following the disaster. Current fire and building codes shall be met; current parking, building
setbacks, and landscape requirements shall be complied with as closely as possible. For
purposes of this policy, disaster means any non-self imposed catastrophic damage including,
but not limited to, fire, flood and storm.
Pursuant to the above Coastal Management Element Objective and Policies, the reconstruction
of nonconforming structures within the Coastal Planning Area destroyed by a natural disaster is
limited to residential, hotel, motel and resort dwelling unit structures. Since commercial uses are
not included, the proposed text amendment is not consistent with these policies. Therefore, a
Comprehensive Plan Text Amendment will be required before the new provisions are effective
within the Coastal Planning Area. This text amendment will be added to Comprehensive Plan
Amendment 2006-1 prior to adoption by the City Commission. If passed, the ordinance will be
effective immediately for all areas outside of the Coastal Planning Area and then once the
Comprehensive Plan is changed, in the Coastal Planning Area as well.
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.
.,
Planning and Zoning Board Memorandum Staff Report, November 20, 2006
Amendment to LDRs: Reconstruction Necessitated by an Act of God
Page 3
The purpose of this City-initiated LDR text amendment is to expand the provisions in the LDRs
for the reconstruction of nonconforming structures damaged or destroyed by an Act of God to
include commercial structures. With the exception of the Coastal Management Element Policies
discussed above, the proposed amendment is consistent with and furthers the Goals,
Objectives and Policies of the Comprehensive Plan. If this text amendment is approved, the
Comprehensive Plan will be amended to address the inconsistency. The ordinance will be
effective immediately for all areas outside of the Coastal Planning Area and then once the
Comprehensive Plan is changed, in the Coastal Planning Area as well.
Recommend approval of the City-initiated amendment to LDR Section 1.3.8, "Reconstruction
Necessitated 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 criteria
set forth in Section 2.4.5(M) of the Land Development Regulations.
Attachment:
· Draft Ordinance
1!1
tC
100
_OUNCEMENTS
101 Legal \;oticl"
~
CITY Of DElRAY BEACH,fLOFItDA
HOllCE Of PUBLIC HEAR1NG
A PUBLIC HE....RING will be held 01'1
the following prlJposed orclmances at
7:00 p.m, on TUESDA'f JANUARY 2
2007 01 at any contin~ation of such
meetIng, which IS set by the
CommisSion). in the City Commission
Chambers. 100 N.W 1s1 A~enlle. Del.
~iry B~~C;~i~~~~~a.w~: ~~I~~id~~e,~:~
adopllon, The proposed ordinances
may be Inspected al the Olliee of Ihe
CIly Clerk al Cily Hall, 100 N W 1st
Avenue, Delray Beach, Florida, be-
tween Ihe hOIHS of B:OO am and 5:00
p.m.. Monday through Friday, e~cepl
holidays All Interested parties are In-
vited to altend arld be heard with reo
sped to tile proposed ordlnaoces
ORDINANCE NO. 79-06
AN ORDINANCE OF THE CITY COM-
MISSION OF THE CITV OF DELRA'!
BEACH, FLORIDA, REZONING AND
PLACING lAND PRESENTLY
ZO:\lED GENERAL COMMEF"Al
(GC) DISTRICT TO AUTOMC...E
COMMERCIAL (AC) DISTRICT; SAiD
lAND BEING A PARCEL lOCATED
AT THE NORTHEAST CORNER OF
SOUTH FEDERAL HIGHWAY (US
HIGHWAY NO. 1) AND FlADEll'S
WAY (AVENUE T), AS MORE PAR
TICULARLY DESCRIBED HEREIN
AMENDING "ZONING MAP OF DEl'
AAY BEACH, FLORIDA "M,'.,'< >--J
2006" PROVIDiNG A GENERAL RE.
PEALER CLAUSE, A SAVlNG
CLAUSE AND AN EFFECTIVE
DATE
ORDINANCE NO. 80-06
AN OADINANCE OF THE CITY COM-
MISSION OF THE CI1Y OF Df'.RA'I
BEACH, flORIDA, AMENDING ,nC
LAND DEVELOPMENT REGULA-
TIONS OF THE CODE OF OAOI.
NANCES. BY AMENDING SECTION
24,3{KJ "FEES" SUBSECTION
24,3(K)(1), 'DEVELOPMENT APPU,
CATIONS' AMENDING SECTION
2.4.5 "PROCEDURES FOR DB.
TAINING DEVElOPMENT APPROV.
ALS", BY CREATING SUBSECTION
2".5{O). "ItHIEU OF PARKING "'ND
PUBLIC PARKING FEE REQUEST
BY CREATING ... PROCESS FOR
THE REVIEW AND "ppROVAl OF IN
LIEU OF AND PUBLIC PARKING FEE
REQUESTS PROVIDING A SAVING
CL/lUSE, "- GENERAL REPEALER
CLAUSE, AND AN EFFECTIVE
DATE
ORDINANCE NO. 81-06
AN QROlNANCE OF THE CITY COM
MISSION OF THE CITY OF DELRAV
BEA.CH, FLORIDA. A.MENDlNG SEC.
liON '.3,8 "RECONSTRUCTION
NECESSITATE'D BY A.N ACT OF
GOD" OF THE lAND DEVELOP-
MENT REGULATIONS BY ....AEND.
ING SUBSECTION t3 8 (Al TO PRO.
V!OE FOA RECONSTRUCTION OF
LAWFUL NON.CONFORM1NG COM.
MEACI~L AS WELL AS RES!OEN.
TIAl STRUCTURES AND PROVIQ.
ING FOR DEFINITION OF CaMMER.
C1AL STRUCTURE PROVIDING FOR
RELETTERING AND RENUMBER.
ING; PROVIDING A SAVINGS
CLAUSE, A GENERAL REPEALER
CLAUSE AND AN EFfECTIVE
DA.TE
ORDINANCE NO. 82-06
AN ORDINANCE OF THE CITY COM
MISSION OF THE CITY OF DELRAY
BEACH, FLORIOA, A.MEN01NG SEC-
TION 433(1). "COMMUNITY RES!
DENTlAL HOMES AND GROUP
HOMES" OF THE LAND DEVELOP.
MENT REGULATIONS OF THE CITY
OF DHAAY BHCH, FLORIOA, BY
PROVIDING THAT GROUP HOMES,
TYPE , SHALL NOT BE lOCATED
WITHIN A RADIUS OF 1,000 FEET
OF COMMUNITY AES!OENTIAl
HOMES AND CHANGING ALL REF.
ERENCES OF OCCUPWONAL II
CENSE TO BUSINESS TAX RE"
CEIPTS IN ORDER TO COMPORT
IIlITH RECENT CHANGES IN STATE
lA.W~ PROVlQlNG A SAVING
CLA.USE, A GENERAL REPEALER
CL/lUSE, AND AN EFFECTIi/E
DATE
Please be advisedtl\al i1 a person de.
cides to appeal allY decision made by
the Cily Commission -.vith res~ct to
any matler considered al l!lese hear'
jn9s, such pelson may need to eosule
Ihal a verbatim record inc:ludes Ihe
testimony and evidence upon 'llllIich
the appeal is 10 be based The City
does not provide oor prepare such
recllfd PulsuanltoF.S 286.0105.
CITI OF OEUlAV BEACH
CheWlIe D, N,JJirl, cue
CilyClerk
PLlBLISH:Friday,Decembef22,2006
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