17-95 ORDINANCE NO. 17-95
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY
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
1.3.403) AND SECTION 1.3.5(C), TO PROVIDE FOR AN EXCEPTION AS SET
FORTH IN SECTION 1.3.8; ENACTING A NEW SECTION 1.3.8 TO PROVIDE
FOR THE RECONSTRUCTION OF NONCONFORMING RESIDENTIAL
STRUCTURES DESTROYED BY ACTS OF GOD, PROVIDING DEFINITIONS
AND PROVIDING TIME LIMITS FOR RECONSTRUCTION; PROVIDING A
GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE
DATE.
WHEREAS, pursuant to LDR Section 1.1.6, the Planning and Zoning Board reviewed the
subject matter at its meeting of August 15, 1994, and has forwarded the change with a recommendation
of approval by unanimous vote; 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
objectives and policies of, the Comprehensive Plan; and
WHEREAS, the City Commission, after reviewing the subject matter at their meeting of
December 13, 1994, directed certain changes and clarifications to be made and incorporated in the
ordinance as set forth herein.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Chapter One, "General Provisions", Article 1.3, "Nonconforming Uses, Lots,
and Structures", Section 1.3.4, "Nonconforming Structures", Subsection 1.3.403), of the Land
Development Regulations of the City of Delray Beach, Florida, be, and the same is hereby amended to
read as follows:
(B) Except as provided in Section 1.3.8. $ should the nonconforming structure be
destroyed by any means to an extent exceeding 50% of its replacement cost, the suc~ structure shall
9.n1$ not be reconstructed e,,tc-ept in conformance with the requirements for the zoning district in which it
is located.
~. That Chapter One, "General Provisions", Article 1.3, "Nonconforming Uses, Lots,
and Structures", Section 1.3.5, "Nonconforming Uses of Structures and Land", Section 1.3.5(C), of the
Land Development Regulations of the City of Delray Beach, Florida, be, and the same is hereby
amended to read as follows:
(C) Except as provided in Section 1.3.8. $ should the structure involving a
nonconforming use be destroyed by any means to an extent exceeding 50% of its replacement cost, the
s'.:c~ structure shall ~ net be reconstructed cmc-~ in conformance with both the development and use
requirements for the zoning district in which it is located.
Section 3. That Chapter One, "General Provisions", Article 1.3, "Nonconforming Uses, Lots,
and Structures", of the Land Development Regulations of the City of Delray Beach, Florida, be, and the
same is hereby amended by enacting a new Section 1.3.8, "Reconstruction Necessitated by an Act of
God" to read as follows:
Section 1.3.8. Reconstruction Necessitated by An Act of God
(A) If a lawful nonconforming residential structure is damaged or destroyed by ail 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 units, such 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 Re~lations.
(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.
The following defintions apply for the purposes of this section:
1. Residential Structure: A Residential Structure is a strucuture that includes
permanent dewelling units such as homes, townhouses, condominiums, and apartments, as well as
temporary, dwellings such as hotel/motel rooms and resort ~lwelling units.
2. 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
2 ORD NO. 17-95
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 4. That all ordinances or parts of ordinances in conflict herewith be, and the same are
hereby repealed.
Section 5. That should any section or provision of this ordinance or any portions 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 6. That this ordinance shall become effective immediately upon passage on second and
final reading.
PASSED AND ADOPTED in regular session on second and final reading on this the 21 st:
day of lv~RCH , 1995.
ATTEST:
City Clerk -- - ! ' -
First Reading March 7, 1 9 9 5
Second Reading March 21, 19 9 5
100-94.oral
Post Disaster Ord.
3 ORD NO. 17-95
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER~
SUBJECT: AGENDA ITEM ~/O'~' - MEETING OF MARCH 21. 1995
SEGOND READING AND ~UBLIC HEARING FOR ORDINANCE NO.
17-95/POST-DISASTER RECONSTRUCTION
DATE: MARCH 16, 1995
This is second reading and public hearing for Ordinance No. 17-95
which amends the Land Development Regulations to provide for the
post-disaster reconstruction of nonconforming residential
structures. A first draft of this ordinance was considered by
the Commission on December 13, 1994. Certain concerns were
raised as noted in the Planning Director's memorandum, with the
ordinance being remanded to the Planning and Zoning Board for
refinement.
The City Attorney drafted a revised ordinance to address the
requested changes. The Planning and Zoning Board formally
reviewed this ordinance on February 27, 1995, and voted
unanimously to recommend that it be approved. At first reading
on March 7, 1995, the Commission passed Ordinance No. 17-95 by a
vote of 4 to 0.
Recommend approval of Ordinance No. 17-95 on second and final
reading.
ref:agmemolO
CITY COMMISSION DOCUMENTATION
TO: DAVID T. HARDEN,~ CITY MANAGER
FROM: DIANE DOMINGUEZ~;3~~~t
DIRECTOR OF PLANNING & ZONING
SUBJECT: MEETING OF MARCH 7, 1995
LDR AMENDMENT (REVISED) ALLOWING A GRACE PERIOD FOR
THE POST-DISASTER RECONSTRUCTION OF RESIDENTIAL
STRUCTURES TO EXISTING DENSITIES AND HEIGHTS
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of approval
of an amendment to the LDRs regarding the reconstruction of
nonconforming buildings. The affected regulations are in LDR
Section 1.3, Nonconforminq Uses, Lots~. and
BACKGROUND:
This amendment was initiated as a result of recommendations made
by the Planning and Zoning Board's Nonconforming Uses Committee.
It was first considered by the City Commission at the meeting of
December 13, 1994. While the Commission supported the objective
of the ordinance, there were concerns regarding the wording. It
was felt that clarification was needed regarding just what types
of events would constitute a catastrophe. Commission members
also wanted to ensure that an owner would not be precluded from
rebuilding if deliberate actions of others caused the
destruction of the structure. Additionally, it was felt that a
time limit of three years should be placed on the rebuilding of
nonconforming structures.
The City Attorney has drafted an ordinance which incorporates
the requested changes. It provides a better definition of the
destructive events that would be covered by the ordinance, and
clarifies under what circumstances an owner would be held
responsible for the damage, and would not be able to rebuild.
It also requires that all reconstruction be completed within
three years from the date of the destruction.
PLANNING AND ZONING BOARD CONSIDERATION:
The Planning and Zoning Board formally reviewed the revised
ordinance at its meeting of February 27, 1995, and unanimously
recommended that it be approved.
RECOMMENDED ACTION:
By motion, approve the ordinance amending LDR Section 1.3,
Nonconforminq Uses, Lots, and Structures, to allow for the
reconstruction of nonconforming residential structures destroyed
by catastrophe.
Attachment:
* Proposed Ordinance
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER
SUBJECT: AGENDA ITEM # /~'~'- MEETING OF MARCH 7. 1995
QRDINANCE NO. 17-95/POST-DISASTER RECONSTRUCTION
DATE: MARCH 3, 1995
This is first reading for Ordinance No. 17-95 which amends the
Land Development Regulations to provide for the post-disaster
reconstruction of nonconforming residential structures. A
first draft of this ordinance was considered by the Commission
on December 13, 1994. Certain concerns were raised as noted in
the Planning Director's memorandum, with the ordinance being
remanded to the Planning and Zoning Board for refinement.
The City Attorney drafted a revised ordinance to address the
requested changes. The Planning and Zoning Board formally
reviewed this ordinance on February 27, 1995, and voted
unanimously to recommend that it be approved.
Recommend approval of Ordinance No. 17-95 on first reading. If
passed, a public hearing will be held on March 21, 1995.
ref:agmemol0