Res. No. 37-20RESOLUTION 37-20
A RESOLUTION OF TI-IE O1Y OF DELRAY BEAŒI, FLORIDA,
DEŒARING TI-IE INTENTION OF TI-IE O1Y TO CONSIDER
ADOPTION OF AN ORDINANCE AMENDING TI-IE O1Y CODE
RELATING TO TI-IE REGULATION OF APPURTENANCES; INVOKING
TI-IE PENDING ORDINANCE DOCTRINE; PROVIDING 1HAT FROM
JANUARY 16, 2020 AND DURING TI-IE PENDENCY OF
CONSIDERATION, TI-IE O1Y WILL CONTINUE TO DEFER THE
PROCESSING AND APPROVAL OF ALL APPLICATIONS FOR
APPURTENANCES INCONSISTENT WI1H TI-IE CODE OF
ORDINANCES; DIRECTING TI-IE O1Y CLERK TO PUBLISH A NOTICE
OF INTENT TO ADOPT SUCH ORDINANCE; PROVIDING FOR
SEVERABILI1Y; PROVIDING FOR AN EFFECTIVE DATE; AND FOR
011-IER PURPOSES.
WHEREAS, this Resolution is enacted pursuant to the home rule powers of the City Commission of the
City of Delray Beach, Florida ("Gty') as set forth in Article VIII, Section 2 of the Constitution of the State of
Florida, Chapter 166, Floida Statutes and the City Charter; and
WHEREAS, the City is responsible for the protection of the health, safety and welfare of its businesses,
residents, and visitors; and
WHEREAS, in light of a recent increase in the number of applications submitted to the City proposing
to place appurtenances providing rooftop terrace access above the maximum height limitations of single family,
duplex, and multi-family residences within the Single Family Residential and Medium Density Residential zoning
districts, City staff desires to evaluate and make recommendations for regulations to the City Commission; and
WHEREAS, the City has been actively engaged in the process of undertaking a revision and update of
the existing Code of Ordinances with respect to appurtenances and desires additional time to prepare a revision
to its Code; and
WHEREAS, the City Commission finds and declares a need to temporarily suspend the approval or
denial of applications related to appurtenances providing rooftop terrace access placed above the maximum
height limitations of single family, duplex, and multi-family residences within the Single Family and Medium
Density Residential zoning districts in order to allow the development of revisions to the current regulations
pertaining to same; and
WHEREAS, the City wishes to definitively place all parties on notice that it is considering amending the
City Code regulating the aforementioned appurtenances and all parties are hereby placed on notice that the City
is considering the adoption of ordinances with respect to this subject matter and that this subject matter should
be considered pursuant to the pending legislation doctrine.
NOW, 11-IEREFORE, BE IT RESOLVED BY TI-IE O1Y COMMISSION OF TI-IE O1Y OF
DELRAY BEAŒI, FLORIDA, AS FOLLOWS:
Section l. The above recitals are true, correct, and incorporated herein by this reference.
Section 2. The City C.Ommission of the City of Delray Beach hereby declares its intention to
consider adoption of an ordinance amending the City Code relating to the regulation of appurtenances providing
rooftop terrace access placed above the maximum height limitations of single family, duplex, and multi-family
residences within the Single-Family and Medium Density Residential zoning districts.
Section 3. Pursuant to the pending legislation doctrine set forth in Snub u City if Cleanuuer, 383
So.2d 681 (Fla. 2d DCA 1980), all persons and entities that plan to submit application to the Cityfor consideraion
of a site plan containing an appurtenance providing rooftop terrace access placed above the maximum height
limitations of a single family, duplex, or multi-family residence within the Single Family and Medium Density
Residential zoning districts that:
(a) The City is considering the adoptions of regulations relating to such use;
(b) The regulations are considered pending; and
(c) Any reliance upon current regulations or expenditure of funds or efforts in reliance on current
regulations, until the regulations are considered by the City C.Ommission and adopted and
effective, or determined that they will not be adopted, is not reasonable and is at the risk of the
applicant.
Section 4. City staff, after January 16, 2020, shall defer the processing of applications with respect
to appurtenances placed above the roof level of a single family, duplex, or multi-family residence within the Single
Family and Medium Density Residential zoning districts pending the passage of revisions to the City Code
regarding such use, except as follows:
(1) Such deferral in processing applications is temporary and shall automatically dissolve
upon the passage of one hundred eighty (180) days from the effective date of this
Resolution, or until new regulations for appurtenances are adopted by the City
C.Ommission, whichever occurs first.
Section 5. The City Clerk is hereby directed to publish a Notice of Intention to consider adoption
of an ordinance in a newspaper of general circulation in the Gty.
Section 6. The provisions of this Resolution are declared to be severable, and if any sentence,
section, clause or phrase of this resolution shall, for any reason, be held to be invalid or unconstitutional, such
decision shall not affect the validity of the remaining sentences, sections, clauses or phrases of the Resolution,
but they shall remain in effect it being the legislative intent that this resolution shall stand notwithstanding the
invalidity of any part.
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RES. NO. 37-20
Section 7. This Resolution shall take effect immediately upon adoption.
PASSED AND ADOPIBD in regular session on this L ~h2020.
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d Legal Sufficiency:
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RES. NO. 37-20