Ordinance No. 31-23ORDINANCE NO.31-23
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH,FLORIDA,AMENDING THE
LAND DEVELOPMENT REGULATIONS OF THE CITY OF
DELRAY BEACH CODE OF ORDINANCES,CHAPTER 2,
"ADMINISTRATIVE PROVISIONS."BY REPEALING THE
ADOPTED CHAPTER 2 IN ITS ENTIRETY AND
READOPTING SAME,AS REVISED IN ORDER TO
AMEND AND UPDATE THE CITY'S DEVELOPMENT
APPLICATION APPROVAL PROCEDURES AND THE
AUTHORITY OF CERTAIN OFFICIALS AND BOARDS TO
CREATE A MORE EFFICIENT PROCESS OF
DEVELOPMENT REVIEW;PROVIDlNG A CONFLICTS
CLAUSE,A SEVERABILITY CLAUSE,AUTHORITY TO
CODIFY,AND PROVlDING AN EFFECTIVE DATE.
WHEREAS,the Land Development Regulations ("LDR")of the City of Delray Beach
("'City")Code of Ordinances provide authority for the City Commission to amend,change,
supplement,or repeal the LOR from time to time;and
WHEREAS,the City Commission directed staff to consider amendments to the City's
development application review procedures at its meeting on April 18,2023;and
WHEREAS,the existing language in Chapter 2,Administrative Provisions"requires
changes to make the LOR more understandable to the public,predictable to landowners,and
efficient for the City to administer;and
WHEREAS,pursuant to Florida Statutes 163 .3 174(4)(c),the Planning and Zoning Board
for the City of Delray Beach,sitting as the Local Planning Agency,reviewed the proposed text
amendment to the Land Development Regulations at a public hearing on August 21,2023 and
voted 7 to O to recommend that the proposed text amendments be approved,finding that the
request and approval thereof is consistent with the Comprehensive Plan and meets the criteria set
forth in the Land Development Regulations;and
NOW,THEREFORE,BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH,FLORIDA.AS FOLLOWS:
Section 1.The recitations set forth above are incorporated herein.
Section 2.The City Commission of the City of Delray Beach finds the Ordinance is
consistent with the Comprehensive Plan.
ORD.NO.31-23
Section 3.Chapter 2,"Administrative Provisions,"of the Land Development
Regulations of the City of Delray Beach,Florida as provided in Exhibit A is hereby repealed in
its entirety and replaced in its entirety with a new Chapter 2,provided as Exhibit B.
Section 4.
repealed.
All ordinances or parts of ordinances in conflict herewith are hereby
Section 5.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 of this Ordinance.
Section 6.
Ordinance.
Spec i fic authority is hereby given to the City Clerk to codify this
Section 7.This Ordinance shall become effective immediately upon its passage on
second and final reading.
.rJ!PASSE~N})ADOPTED in regular session on second and final reading on this the
/7ttay of @Y0 age .2023
ATTEST:
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ORD.NO.31-23
EXHIBIT A – Ordinance No. 31-23
Land Development Regulations
Delray Beach, Florida, Land Development Regulations Created: 2023-06-27 15:10:18 [EST]
(Supp. No. 21)
Page 1 of 89
Chapter 2
ADMINISTRATIVE PROVISIONS
ARTICLE 2.1. THE DEVELOPMENT SERVICES MANAGEMENT GROUP
Sec. 2.1.1. Purpose and composition.
(A) Establishment. There is hereby established within the Administration of the City of Delray
Beach, Florida, the Development Services Management Group.
(B) Purpose. The Development Services Management Group provides a single administrative
unit which is generally responsible for the implementation of these Land Development
Regulations and related activities.
(C) Functions. Within the Development Services Management Group there shall be the
following functions:
(a) Building;
(b) Code Enforcement;
(c) Comprehensive (Advanced) Planning;
(d) Current (Land Development) Planning;
(e) Others as assigned by the City Manager (e.g. Community Development).
Sec. 2.1.2. Administrative organization and responsibilities.
(A) Organization. The administrative organization of the Development Services Management
Group shall be as set forth on an organizational chart as promulgated by the City Manager
pursuant to policies of the City Commission. The administrative organization shall provide,
at a minimum, for the positions of a Director of Planning, a City Engineer, and a Chief
Building Official.
(B) Responsibilities of required positions. Responsibilities assigned to required positions shall
be as set forth throughout these regulations and as provided herein to include, but not be
limited to, the following for each such position. Such items may be delegated, in writing, to
others. However, neither exclusion of a responsibility which is included elsewhere in this
Code, nor delegation to another diminishes the responsibility assigned herein.
(a) Director.
1.4.1(C) 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
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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
2.4.6(J)(1)(c) Promulgation of list of items not requiring a COA
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 City Preservation Officer
Ensuring compliance with the annual review process established fur
the adopted Comprehensive Plan as set forth in 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.
(Ord. No. 24-18, § 2, 11-27-18; Ord. No. 23-20, § 4, 9-10-20)
(b) Chief Building Official.
1.4.1(A) Interpretation of Chapter 7 (Building)
1.4.1(B) Interpretation of Standards in Chapter Four (Zoning District
Regulations)
1.4.2(A) Enforcement of Regulations on Private Property
1.4.5 Interpretation of Appendix "A" (Definitions)
2.4.5(I)(1)(b) Aesthetic approval for a limited number of items
2.4.6(H) Approval of temporary uses of sales offices, models, construction
trailers and compounds
2.4.7(F)(2)(a) Member of Special Adjustment Advisory Board
10.1 Flood Damage Control Districts and Coastal Construction
Additional Items:
• Promulgation of various development order forms and issuance of
development permits.
• Determination of concurrency prior to issuance of a building permit.
• Assignment of property addresses and building numbers.
• Designation as the Ex-Officio Member to the Board of Adjustment.
• The keeping of Building Department records.
(Ord. No. 37-17 , § 3, 11-7-17)
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(c) City Engineer.
1.4.1(D) Interpretation of Chapter 6 (Infrastructure and Public Improvements
1.4.2(B) Enforcement in Rights-of-Way
2.4.3(H) Approval of variations to plat Dedication Statement
2.4.6(L) Certification of Drainage Plans
2.4.6(M) Certification of Water and Sewer Plans
2.4.6(N) Approval of work in Public Rights-of-Way
2.4.6(N)(4)(d) Approval of work within a right-of-way on Saturday, Sunday, or
Holidays
4.6.9(D)(8) Approval of parking lot construction
6.1.12 Approval of the design of street name signs and street furniture
(C) General administrative regulations.
(1) Conflict of interest—Employees. An employee connected with the Development
Services Group shall not have a financial interest in furnishing labor, material, or
appliances for the construction, alteration, demolition, repair, or maintenance of a
building, or in making plans or specifications therefore, unless said employee is an
owner of the building. Employees shall not engage in any work which is inconsistent
with their duties or with interests of the Development Services Group.
ARTICLE 2.2. ESTABLISHMENT OF BOARDS HAVING RESPONSIBILITIES FOR
LAND DEVELOPMENT REGULATIONS
This Article establishes the Boards which are primarily responsible for the implementation
and application of these Land Development Regulations. General provisions which govern each
Board along with specific provisions for individual Boards and establishment of powers, duties,
and responsibilities are set forth herein.
Sec. 2.2.1. General provisions.
The following general provisions apply to all Boards established under this Article.
Additional provisions pertaining to any of the following matters may be found within the
Sections pertaining to an individual Board and within Sections 32.06 to 32.10 of the City Code.
[Amd. Ord. 26-11 9/20/11]
(A) Qualifications. A member shall either be a resident of, or own property in the City, and/or
own a business within the City. Additional qualifications may be established for individual
boards. [Amd. Ord. 47-07 10/16/07]
(B) Compensation and reimbursements. All members shall serve without compensation.
Reimbursement of expenditures incurred by members in the performance of their duties
shall be provided pursuant to policies of the City Commission. The cost of general operating
needs shall be a part of the budget of an operating department or division as assigned by the
City Manager.
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(C) Evening business meetings. The regularly scheduled business meetings and special
meetings of each Board shall be held in the evening hours (after 5:00 p.m.). This
requirement shall not apply to work sessions.
(D) Appointment and term, officers.
(1) Members of a Board shall be appointed by the City Commission. A term shall consist
of two years or the completion of an unexpired term and the subsequent two years. In
the case of reorganization or reconstitution of a Board, three members shall be
appointed for an initial term of one year. A member shall not serve more than two
successive terms on a Board. A member appointed to fill an unexpired term shall not
automatically proceed to the next full term, but must be reappointed to it.
(2) A Board shall elect from among its members a Chairperson, Vice-Chairperson, and
second Vice-Chairperson. Elections shall be held at a Board's regular monthly meeting
in September of each year. The Chairperson shall call all meetings of a Board to order
and shall conduct business pursuant to Roberts Rules of Order, newly revised. In the
absence of the Chairperson, the Vice-Chairperson shall call and conduct meetings. In
the absence of both, the second Vice-Chairperson shall call and conduct meetings. In
the event of a vacancy in an office, a Board shall hold a special election for any such
vacancy after a full membership has been appointed by the Commission. An officer
may succeed himself.
(3) An employee of the City shall be designated, by the City Manager, as an "Ex-Officio"
member of a Board and shall sign documents as the Secretary of a Board.
(E) Meetings.
(1) In addition to required meetings set forth specifically for each Board, additional
business meetings and work sessions may be held as desired. All meetings shall be
noticed pursuant to Section 2.42(A) and shall be open to the public.
(2) Evening Business Meetings: The regularly scheduled business meetings and special
meetings of each Board shall be held in the evening hours (after 5:00 p.m.). This
requirement shall not apply to work sessions.
(F) Removal of members, vacancies.
(1) Members of a Board may be removed by the City Commission pursuant to the
provisions of Chapter 32 of the Code of Ordinances. [Amd. Ord. 19-95 4/4/95]
(2) Vacancies which occur because of resignation, removal, or expiration of a term shall
be filled with a new appointment or reappointment pursuant to policies of the City
Commission and requirements of Subsection (D)(1). [Amd. Ord. 19-95 4/4/95]
(G) Assignment of administrative and legal support services.
(1) The City Manager shall assign appropriate staff, pursuant to Section 2.12(A), to assist
each Board in the performance of its duties.
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(2) The Chairperson of each Board may request the services of the City Attorney for any
meeting of that Board. Other services of the City Attorney shall be obtained through
the standard operating procedures of the Administration.
Sec. 2.2.2. The Planning and Zoning Board.
(A) Creation. A Planning and Zoning Board for the City of Delray Beach is hereby created
under the authority of the City Charter Section 3.14. [Amd. Ord. 26-11 9/20/11]
(B) Planning and Zoning Board. The Planning and Zoning Board is hereby designated as the
Local Planning Agency for the City of Delray Beach.
(C) Composition. [Amd. Ord. 20-13 9/17/13]
(1) The Planning and Zoning Board shall consist of seven members. [Amd. Ord. 20-13
9/17/13]
(2) Each of four seats on the Board must be filled with either an architect, landscape
architect, realtor/real estate broker, engineer, developer, general contractor, land
planner or land use attorney. The remaining three seats shall be at large. The
appointing body shall endeavor to appoint as many disciplines as possible to the Board.
[Amd. Ord. 20-13 9/17/13]
(D) Meetings and quorum.
(1) The Planning and Zoning Board shall hold at least one regularly scheduled business
meeting each month with said meeting being duly noticed and held in the evening
hours.
(2) Four members of the Board shall constitute a quorum.
(E) Duties, powers, and responsibilities.
(1) The Board shall prepare and maintain a Comprehensive Plan in compliance with the
Florida State Planning Statutes (163 and successor legislation). [Amd. Ord. 26-11
9/20/11]
(E) Duties, powers, and responsibilities.1
(1) The Board shall prepare and maintain a Comprehensive Plan in compliance with the
Florida State Planning Statutes (163 and successor legislation). [Amd. Ord. 26-11
9/20/11]
(2) On an annual basis in the winter months the Board shall obtain public input at a public
meeting and review the proposed capital budget before prioritizing capital
improvement needs for the subsequent fiscal year based on criteria specified in the
adopted Comprehensive Plan. (Ord. No. 23-20, § 5, 9-10-20)
1Editor's note(s)—Ord. No. 23-20, § 5, adopted September 10, 2020, in effect repealed subsections (E)(2)—(9) and
enacted new subsections (E)(2)—(6) as set out below and later amended. Former subsections (E)(2)—(9)
pertained to similar subject matter and derived from Ord. 26-11, adopted September 20, 2011.
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(3) The Board shall review and make recommendations to the City Commission with
respect to the following items, pursuant to the procedures and standards of the Land
Development Regulations (LDR): (Ord. No. 23-20, § 5, 9-10-20)
(a) Amendments to the Comprehensive Plan and to the Land Use Map; (Ord. No. 23-
20, § 5, 9-10-20)
(b) Rezoning of land and changes to the text of any portion of the LDR; (Ord. No. 23-
20, § 5, 9-10-20)
(c) The annexation of territory to the City; (Ord. No. 23-20, § 5, 9-10-20)
(d) Establishment of a conditional use; (Ord. No. 23-20, § 5, 9-10-20)
(e) The abandonment of rights-of-way or public easements excepting single purpose
easements; (Ord. No. 23-20, § 5, 9-10-20)
(f) The approval or denial of site and master development plans as required in certain
"planned" zoning districts. (Ord. No. 23-20, § 5, 9-10-20)
(g) Establishing or modifying the names of streets, alleys, or other pathways
providing access for vehicles, bicycles, or pedestrians, whether public or private,
in acordance with the adopted City of Delray Beach Addressing and Street
Naming Manual. (Ord. No. 23-20, § 5, 9-10-20; Ord. No. 18-22, § 2, 10-25-22)
(h) Certification of a final subdivision plat; (Ord. No. 23-20, § 5, 9-10-20)
(4) The Board hereby has the authority to take action on the following items pursuant to
the procedures and standards of the LDR: (Ord. No. 23-20, § 5, 9-10-20)
(a) Approval or denial of a preliminary subdivision plat; (Ord. No. 23-20, § 5, 9-10-
20)
(b) Granting of relief from the number of parking spaces required for specific uses
pursuant to Section 4.6.9(F)(1); (Ord. No. 23-20, § 5, 9-10-20)
(c) Approval of certain site and development plans and modifications and extensions
thereto; (Ord. No. 23-20, § 5, 9-10-20)
(d) Determinations of similarity of use; (Ord. No. 23-20, § 5, 9-10-20)
(e) Approval or denial of a minor modification of a conditional use approval pursuant
to Section 2.4.5(E)(7). (Ord. No. 23-20, § 5, 9-10-20)
(5) The Board shall make findings of consistency with the adopted Comprehensive Plan
on development applications. (Ord. No. 23-20, § 5, 9-10-20)
(6) To provide "good offices" and assistance to other governmental boards, commissions,
and committees in the fulfillment of goals, objectives, and policies of the adopted
Comprehensive Plan. (Ord. No. 23-20, § 5, 9-10-20)
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Sec. 2.2.3. The Site Plan Review and Appearance Board.
(A) Creation. A Site Plan Review and Appearance Board (SPRAB) for the City of Delray
Beach is hereby created. The purpose of SPRAB is to promote certain functional and
aesthetic goals, objectives and policies as set forth in the adopted Comprehensive Plan.
(Ord. No. 13-23, § 2, 5-16-23)
(B) Composition and special qualifications.
(1) The SPRAB shall consist of seven regular members. (Ord. No. 13-23, § 2, 5-16-23)
(2) Each of five seats on the SPRAB must be filled with either an architect, landscape
architect, realtor/real estate broker, civil engineer, general contractor, sign contractor,
land planner or interior designer. The remaining two seats shall be at large. The
appointing body shall endeavor to appoint as many of the required disciplines as
possible to the SPRAB. [Amd. Ord. 25-04 5/18/04]; [Amd. Ord. 23-92 8/11/92] (Ord.
No. 13-23, § 2, 5-16-23)
(C) Meetings and quorum.
(1) The SPRAB shall hold at least one regularly scheduled meeting each month with said
meetings being duly noticed and held in the evening hours. (Ord. No. 13-23, § 2, 5-16-
23)
(2) Four members of the SPRAB shall constitute a quorum. (Ord. No. 13-23, § 2, 5-16-23)
(D) Duties, powers, and responsibilities.
(1) The SPRAB hereby has the authority to take action on the following items pursuant to
the procedures and standards of the LDR: [Changed Bullets Ord. 36-07 9/18/07] (Ord.
No. 13-23, § 2, 5-16-23)
(a) Certain site and development plans, as provided in this Code; [Amd. Ord. 26-11
9/20/11] (Ord. No. 13-23, § 2, 5-16-23)
(b) Granting of relief from the number of parking spaces required for specific uses,
pursuant to Section 4.6.9(F)(1); [Amd. Ord. 83-95 01/09/96] (Ord. No. 13-23, § 2,
5-16-23)
(c) Granting of relief to Section 4.6.16 through the waiver process specified in
Section 2.4.7(B); (Ord. No. 13-23, § 2, 5-16-23)
(d) Landscape plans; (Ord. No. 13-23, § 2, 5-16-23)
(e) Master Sign Programs and any signage that cannot be administratively approved
pursuant to the criteria in Section 4.6.7(D); (Ord. No. 13-23, § 2, 5-16-23)
(f) Appeal of administrative interpretations made in application of Section 4.6.7,
Signs, and Section 4.6.16, Landscape Regulations; (Ord. No. 13-23, § 2, 5-16-23)
(g) Architectural elevations; (Ord. No. 13-23, § 2, 5-16-23)
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(h) Streetscape and landscape features associated with a site plan or established
development; (Ord. No. 13-23, § 2, 5-16-23)
(i) Recommendations to the City Commission regarding Incentive Programs in the
CBD; and [Amd. Ord. 03-15 02/24/2015] (Ord. No. 13-23, § 2, 5-16-23)
(j) Appeals to any "Design Guidelines" in Section II of the Beach Property Owners
Design Manual for the North Beach and Seagate Neighborhoods as set forth in
Section 4.5.13; and (Ord. No. 13-23, § 2, 5-16-23)
(k) Any other regulations or requirements elsewhere noted that specify relief is
available by the body acting upon the development application. (Ord. No. 13-23, §
2, 5-16-23)
(2) To provide "good offices" and assistance to other governmental boards, commissions,
and committees in the fulfillment of goals, objectives, and policies of the
Comprehensive Plan.
Sec. 2.2.4. The Board of Adjustment.
(A) Creation. A Board of Adjustment for the City of Delray Beach is hereby created under the
authority of the City Charter Section 3.14. [Amd. Ord. 26-11 9/20/11]
(B) Composition. [Amd. Ord. 19-13 9/17/13]
(1) The Board of Adjustment shall consist of seven regular members. [Amd. Ord. 19-13
9/17/13] (Ord. No. 21-21, § 2, 11-2-21)
(2) Each of four seats on the Board must be filled with either an attorney, architect,
landscape architect, realtor/real estate broker, engineer, general contractor, land
planner, building inspector, fire safety professional, or other design professional who is
familiar with the Florida Building Code. The remaining three seats may be at large.
The appointing body shall endeavor to appoint as many disciplines as possible to the
Board. If there is a lack of applicants to fill the seats reserved for professionals, at large
members may be considered. [Amd. Ord. 19-13 9/17/13] (Ord. No. 21-21, § 2, 11-2-
21)
(C) Meetings and quorum.
(1) The Board of Adjustment shall hold at least one regular meeting each month with said
meeting being duly noticed and held in the evening hours. However, the required
regular meetings shall be canceled if there are no petitions before the Board. (Ord. No.
21-21, § 2, 11-2-21)
(2) A quorum of the Board consists of five members. The concurring vote of five members
shall be necessary to reverse a decision of the Chief Building Official or grant a
variance. (Ord. No. 21-21, § 2, 11-2-21)
(3) An applicant seeking retroactive approval will be scheduled for the first available
meeting and is prohibited from requesting an alternate meeting date. (Ord. No. 21-21, §
2, 11-2-21)
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(D) Duties, powers, and responsibilities.
(1) The Board hereby has the authority to hear and decide appeals where it is alleged there
is an error in any order, requirement, decision, or determination made by the Chief
Building Official, with the exception of interpretations of use matters and other items
specifically preempted or granted to others pursuant to the LDR. (Ord. No. 21-21, § 2,
11-2-21)
(2) The Board, so long as its actions are in conformity with the LDR, may reverse or
affirm, wholly or partly, or may modify the order, requirement, or decision, or
determination under appeal, and to that end shall have the same powers of the Chief
Building Official. (Ord. No. 21-21, § 2, 11-2-21)
(3) The Board has the authority to take action on duly filed appeals of an interpretation,
administrative decision, or enforcement action by the Chief Building Official related to
the following regulations: [Added by Ord. 47-07 10/16/07] (Ord. No. 21-21, § 2, 11-2-
21)
(a) Building Code, Article 7.1, except Sections 7.1.5 through 7.1.7;
(b) Electrical Code, Article 7.2;
(c) Gas Code, Article 7.3;
(d) Housing Code, Article 7.4; (Ord. No. 21-21, § 2, 11-2-21)
(e) Mechanical Code, Article 7.5;
(f) Plumbing Code, Article 7.6; (Ord. No. 21-21, § 2, 11-2-21)
(g) Unsafe Buildings or Structures, Article 7.8; (Ord. No. 21-21, § 2, 11-2-21)
(h) Moving of Building, Article 7.10.
(4) The Board hereby has the authority to grant variances and hear appeals from the
following: [Amd. Ord. 36-07 9/18/07] (Ord. No. 21-21, § 2, 11-2-21)
(a) Base district development standards, Section 4.3.4, unless otherwise stated. (Ord.
No. 21-21, § 2, 11-2-21)
(b) Flood Damage Control Districts and Coastal Construction, Chapter 10. (Ord. No.
37-17 , § 4, 11-7-17; Ord. No. 21-21, § 2, 11-2-21)
(c) Supplemental District Regulations, Article 4.6, except where said authority is
expressly prohibited, granted to others, or relief is available through another
process. (Ord. No. 21-21, § 2, 11-2-21)
(d) Fire Prevention Codes, Chapter 96 of The City Code of Ordinances, per Section
96.06. (Ord. No. 21-21, § 2, 11-2-21)
(e) Section I, "District Regulations and Incentives," of the Beach Property Owners
Design Manual for the North Beach and Seagate Neighborhoods as set forth in
Section 4.5.13. [Amd. Ord. 36-07 9/18/07] (Ord. No. 21-21, § 2, 11-2-21)
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(5) The Board shall be prohibited from considering variances for the following: [Amd.
Ord. 47-07 10/16/07] (Ord. No. 21-21, § 2, 11-2-21)
(a) Uses; (Ord. No. 21-21, § 2, 11-2-21)
(b) Architectural elevations; (Ord. No. 21-21, § 2, 11-2-21)
(c) Landscaping; (Ord. No. 21-21, § 2, 11-2-21)
(d) Signs and signage; (Ord. No. 21-21, § 2, 11-2-21)
(e) Any property under the purview of the Historic Preservation Board; (Ord. No. 21-
21, § 2, 11-2-21)
(f) Density and height; and (Ord. No. 21-21, § 2, 11-2-21)
(g) Comprehensive Plan requirements. (Ord. No. 21-21, § 2, 11-2-21)
(6) To provide "good offices" and assistance to other governmental boards, commissions,
and committees in the fulfillment of goals, objectives, and policies of the
Comprehensive Plan. (Ord. No. 21-21, § 2, 11-2-21)
(7) All decisions of the Board of Adjustment are final. Any person or persons, or any
Board, Taxpayer, Department, or Bureau of the City may aggrieve any decision of the
Board of Adjustment and may seek review of such decision in the Circuit Court of
Palm Beach County. [Amd. Ord. 53-91 8/27/91] (Ord. No. 21-21, § 2, 11-2-21)
Sec. 2.2.5. Public Art Advisory Board.
(A) Creation. The Public Art Advisory Board is established via Ordinance No. 77-04 for the
purpose of advising and making recommendations to the City Commission with respect to
public art policy and related issues including, but not limited to, the selection, construction,
placement and/or funding of public art in/on City right-of-way, City owned property or
private property where an agreement. acceptable to the City, has been executed regarding
the art and the art is clearly visible by the public. (Ord. No. 22-20, § 2, 8-26-20)
(B) Composition and special qualifications. (Ord. No. 22-20, § 2, 8-26-20)
(1) The Public Art Advisory Board shall consist of seven members. (Ord. No. 22-20, § 2,
8-26-20)
(2) Three seats on the board must be filled with either an artist, architect, landscape
architect or engineer. The appointing body shall endeavor to appoint as many
disciplines as possible to the board. Lay persons of knowledge, experience and
judgment who have an interest in public art shall make up the balance of the board.
(Ord. No. 22-20, § 2, 8-26-20)
(C) Meetings and quorum. (Ord. No. 22-20, § 2, 8-26-20)
(1) The Board shall hold meetings on a regular basis once monthly, if necessary, which
meetings shall be open to the public. Minutes shall be kept of all such meetings, and
any special meetings, with copies of said minutes and any other reports to be
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transmitted to the City Commission and the City Manager. (Ord. No. 22-20, § 2, 8-26-
20)
(2) Four members of the Board shall constitute a quorum. (Ord. No. 22-20, § 2, 8-26-20)
(D) Duties, powers, and responsibilities. The following duties, powers, and responsibilities
shall be carried out by the Public Art Advisory Board: (Ord. No. 22-20, § 2, 8-26-20)
(1) Review and make recommendations to the City Commission on constructing, placing
or installing public art, as follows: (Ord. No. 22-20, § 2, 8-26-20)
(a) on all CIP projects above $200,000.00; and (Ord. No. 22-20, § 2, 8-26-20)
(b) on CIP projects under $200,000.00 at the discretion of the Board. (Ord. No. 22-
20, § 2, 8-26-20)
(2) Render an advisory opinion to City Commission regarding the following: (Ord. No.
22-20, § 2, 8-26-20)
(a) The suitability of the construction project as a location for works of art; (Ord. No.
22-20, § 2, 8-26-20)
(b) The nature of the works of art which are most appropriate for the construction
project; (Ord. No. 22-20, § 2, 8-26-20)
(c) The best method for securing the recommended works of art. (Ord. No. 22-20, §
2, 8-26-20)
(3) Review and make recommendations to the City Commission regarding the funding or
placing of public art on private property, where such art is clearly visible by the public
and the City has obtained an agreement for the funding or placement of such art with
the property owner. (Ord. No. 22-20, § 2, 8-26-20)
(4) Make recommendations to the Historic Preservation Board regarding the installation of
murals on property located within a historic district or on any individually designated
site listed on the Local Register of Historic Places. (Ord. No. 22-20, § 2, 8-26-20)
(5) Act as a regulatory body on all requests for the installation of murals on property not
located within a historic district or on any individually designated site listed on the
Local Register of Historic Places. (Ord. No. 22-20, § 2, 8-26-20)
(6) Review and make recommendations to the City Commission regarding public art, as
defined in Appendix A to the City's Land Development Regulations, located in the
public right-of-way, on City owned property, or on structures that are located in the
public right-of-way. (Ord. No. 22-20, § 2, 8-26-20; Ord. No. 11-21, § 2, 4-20-21)
(7) Make recommendations to the City Commission regarding all public art installations
throughout the City. (Ord. No. 11-21, § 2, 4-20-21)
(8) Apply the guidelines and criteria in Section 8.5 for making recommendations or
decisions on the installation of public art, whether as part of a public or private project.
(Ord. No. 11-21, § 2, 4-20-21)
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Sec. 2.2.6. The Historic Preservation Board.
(A) Creation. A Historic Preservation Board for the City of Delray Beach is hereby created. The
purpose of this Board is to foster and promote the recognition, protection, enhancement and
use of historic resources in the City of Delray Beach; to have a lay body which shall have
authority to act on matters pertaining to historic preservation; and to promote certain
functional and aesthetic goals, objectives and policies as set forth in the City's
Comprehensive Plan, as they relate to the preservation of Delray Beach's historic resources.
[Amd. Ord. 01-12 8/21/12]
(B) Composition and special qualifications.
(1) The Historic Preservation Board shall consist of seven members.
(2) At least five seats on the Board must be filled with either an architect, landscape
architect, realtor/real estate broker, civil engineer, general contractor, architectural
historian, preservationist, land planner or interior designer. The appointing body shall
endeavor to appoint as many disciplines as possible to the Board. Lay persons of
knowledge, experience and judgment who have an interest in historic preservation
shall make up the balance of the Board. Lay persons may be considered if there is a
lack of applicants to fill the seats reserved for professionals. Preference should be
given to professional and lay persons who own property within historic districts or
whose property is individually listed in the Local Register of Historic Places. [Amd.
Ord. 01-12 8/21/12]; [Amd. Ord 25-04 5/18/04]; [Amd. Ord. 24-96 6/18/96]
(C) Meetings and quorum.
(1) The Historic Preservation Board shall hold at least one regularly scheduled business
meeting each month and it shall be held in the evening hours.
(2) Four members of the Board shall constitute a quorum.
(3) An application for a Certificate of Appropriateness shall be approved by a majority of
the members present and voting. [Amd. Ord. 55-07 1/15/08]
(D) Duties, powers, and responsibilities. The following duties, powers, and responsibilities
shall be carried out by the Historic Preservation Board: [Entire Section Revised by Ord. 01-
12 8/21/12]
(1) Act as a regulatory body on all development applications and Certificates of
Appropriateness, as specified in Section 2.4.6(H) for properties located within a
Historic District or for Individually Designated Sites as listed on the Local Register of
Historic Places in Section 4.5.1(I), and subject to processing under Section 2.4.5.
(2) Act in lieu of the Board of Adjustment to grant variances pursuant to Section 2.4.7(A)
for properties located within a Historic District or for Individually Designated Sites as
listed on the Local Register of Historic Places in Section 4.5.1(I).
(3) Grant variances from Section 4.6.7, Signs, for those nonconforming signs which
existed at the time of enactment of Ordinance 51-75, adopted on December 8, 1975.
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(4) Grant relief to Section 4.6.16, Landscape Regulations, through the waiver process.
(5) Grant relief from the number of parking spaces required for specific uses pursuant to
Section 4.6.9(F)(1).
(6) Make recommendations to the Planning and Zoning Board concerning amendments to
the Land Development Regulations, and to the Chief Building Official concerning
building code amendments, as they apply to Historic structures and districts.
(7) Act as a regulatory body to approve, deny, or modify a Master Development Plan for
properties located within a Historic District or for Individually Designated Sites as
listed on the Local Register of Historic Places in Section 4.5.1(I).
(8) Develop, establish, and regulate guidelines concerning contemporaneous architectural
styles, colors, building materials, and so forth for all properties which are Individually
Designated and/or located within historic districts. Such guidelines will be subject to
review by the Planning and Zoning Board, and will be subject to approval by the
Commission.
(9) Develop, maintain, and update survey reports of archaeological sites, properties,
buildings, structures, and districts of special historic, aesthetic, architectural, cultural,
or social value or interest. The Board will endeavor to improve, expand, and make
more accurate the survey report as additional documents, information, oral histories,
and other such materials may become available, and it will periodically reevaluate all
survey reports. The Board will work with the Delray Beach Historical Society, the
State Bureau of Historic Preservation, and other appropriate public and nonprofit
organizations in maintaining the survey reports.
(10) Nominate buildings, sites, and districts for historic designation on the Local Register of
Historic Places.
(11) Nominate and participate in the listing of buildings, sites, and districts on the National
Register of Historic Places.
(12) Make recommendations to the City Commission about facade easements, the
imposition of other restrictions, and the negotiation of contracts for the purposes of
historic preservation.
(13) Increase public awareness of the value of historic preservation by developing,
conducting, and participating in public education programs.
(14) Make recommendations to the City Commission concerning the use of grants and City
funds to promote the preservation and conservation of historically and aesthetically
significant archaeological sites, historic sites, and historic districts.
(15) Evaluate, comment upon, and make recommendations to the City Commission
concerning the deliberations and decisions of other public agencies affecting the
physical development and appearance of historically and aesthetically significant
archaeological sites, historic sites, and historic districts.
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(16) Contact public and private organizations, businesses, and individuals and endeavor to
arrange agreements to help insure the conservation and preservation of historically and
aesthetically significant buildings and structures for which demolition is proposed.
(17) In the name of the City, and only with the express approval of the City Commission,
seek, apply for, solicit, receive, and expend any federal, state, or private grant, gift, or
bequest of any funding, property, or interest in property to further the purposes of
historic and heritage conservation and preservation.
(18) Make recommendations to the City Commission to make historic preservation
concepts an integral and ongoing part of all City planning efforts. (Ord. No. 23-20, § 6,
9-10-20)
(19) Advise the City Commission on all matters related to the use, administration, and
maintenance of city-owned designated historic sites.
(20) Execute any other functions relevant to the duties, powers and responsibilities of the
Board regarding historic preservation planning programs and policies which may be
approved by ordinance or resolution of the City Commission.
(21) Make recommendations to the City Commission on amendments to the Historic
Preservation Element of the adopted Comprehensive Plan, and amendments to other
Elements which may have an impact on historic preservation efforts in the City. (Ord.
No. 23-20, § 6, 9-10-20)
ARTICLE 2.4. GENERAL PROCEDURES
Sec. 2.4.1. Concept plan review.
This Section sets forth optional preliminary review processes for potential development.
The purpose of this process is to provide a potential developer with an informal, non-binding
review and commentary on his proposal without the necessity of meeting normal submission and
procedural requirements.
Notwithstanding the provisions of this Section, any person who wishes to informally
discuss development concepts should feel free to do so simply by contacting the professional
staff of the Planning and Zoning Department to arrange for an appointment.
(A) Concept plan review by a development board.
(1) Rule. A potential developer may request an audience before the appropriate
development board for an informal, non-binding, concept plan review of a
potential development proposal. The request must be in writing and received at
least 20 days prior to a regularly scheduled meeting of the Board.
(2) Submission requirements. The request shall contain, at a minimum, the
following:
(a) A letter stating the developer's interest in the property proposed for
development and the proposed character of development.
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(b) A general location map and a survey or other representation of the property
which identifies its general dimensions and character.
(c) A graphic representation of one or more ways in which the developer wishes
to develop the property.
(3) Non-binding review. The material provided by the potential developer shall be
presented to the review board in the same manner and fashion as submitted. The
Board shall review and comment on the development concept at a duly noticed
public meeting. There shall be no action taken by the Board nor shall there be any
written report resulting from discussions at the meeting which may be construed
to be a preliminary approval of the development concept.
(B) Sketch plan review by staff.
(1) Rule. A potential developer may request an audience before the Director of
Planning and Zoning for an informal, sketch plan review of a potential
development proposal with such review resulting in a non-binding written
assessment of the proposal as it pertains to the City's Comprehensive Plan,
development philosophy, availability of utilities and services, and general
compliance with development regulations.
(2) Submission requirements. Keeping in mind that the level of review can be made
only to the degree that information is provided, the request should contain as
much information as is available to the potential developer, but shall include, at a
minimum the following:
(a) A letter stating the developer's interest in the property proposed for
development and the proposed character of development.
(b) A general location map and a survey or other representation of the property
which identifies its general dimensions and character.
(c) A graphic representation of one or more ways in which the developer wishes
to develop the property.
(d) Payment of the appropriate processing fee. See Section 2.4.3(K) for the fee
schedule.
(3) Review and comment process. The material submitted for review shall be
distributed pursuant to the Internal Review Procedures of Section 2.4.8(B). Within
30 days of submission, the developer shall be invited to a Technical Advisory
Committee meeting, or its equivalent, at which time the development proposal
shall be discussed. Following that meeting, the Planning and Zoning Director
shall issue a non-binding letter of comment in accordance with the intent of
Subsection (B)(1) above.
(C) Combined review. A potential developer may request a combination of the above
processes.
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Sec. 2.4.2. Notice requirements.
The City Commission, the Planning and Zoning Board, and other Boards which are
involved with the implementation of these Land Development Regulations shall conduct
meetings and shall provide public notice of their tentative actions pursuant to this Section. All
costs incurred by the City for advertising, providing notice and recording of any documents shall
be paid by the Applicant. [Amd. Ord. 25-07 8/21/07]
(A) Public meeting requirements. The meetings of all Boards established in Article 2.2
shall be open to the public.
(1) Notice and agenda required. An agenda shall be established for every meeting of
each Board. The agenda shall be posted in the main lobby of the north wing of
City Hall at least five working days prior to a regular meeting. The agenda for a
special meeting shall be so posted at least 24 hours prior. A Board shall only
consider items which have been duly placed upon a posted agenda with the
exception of items which are deemed as an emergency and which are added to an
agenda by a majority of the Board members.
(2) Public information. Any background material or documentation which is
provided to Board Members shall be available for public inspection at the north
wing of City Hall at least 24 hours prior to the start of the meeting at which it is to
be considered.
(3) Discussion and disclosure. Board Members shall conduct themselves in
accordance with the "Sunshine Laws" of the State of Florida with respect to
discussion of items before the Board and to disclosure of conflicts of interest.
(B) Public hearing requirements. The following notice requirements and hearing
procedures shall be complied with whenever an action before a Board requires
consideration at a public hearing. Where state law expressly sets forth notice
requirements, notice provided in accordance with state law is sufficient to meet all
legal notice requirements despite the additional requirements that may be also required
as set forth below. [Amd. Ord. 78-04 1/18/05]
(1) Notice. Public hearings shall be noticed as follows: [Amd. Ord. 78-04 1/18/05]
(a) Annexations.
(1) Non-voluntary. Notice requirements contained within applicable
sections of Florida Statute Chapter 171 shall apply. [Amd. Ord. 2-
95 1/17/95]
(2) Voluntary. Notice requirements contained within applicable
sections of Florida Statute Chapter 171 shall apply. [Amd. Ord. 78-
04 1/18/05]; [Amd. Ord. 2-95 1/17/95]
(b) Privately-initiated rezoning. Notice requirements contained within the
applicable sections of Florida Statutes Chapter 166 shall apply. Additional
notice shall be given before the Planning and Zoning Board hearing in
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accordance with Section 2.4.2(B)(1)(j) (i), (ii), (iii) and (iv). [Amd. Ord. 78-
04 1/18/05]; [Amd. Ord. 60-95 10/24/95]
(c) City-initiated rezoning. Notice requirements contained within the applicable
sections of Florida Statutes Chapter 166 shall apply. Additional notice shall
be given before the Planning and Zoning Board hearing in accordance with
Section 2.4.2(B)(1)(j) (i), (ii), (iii) and (iv). [Amd. Ord. 78-04 1/18/05];
[Amd. Ord. 60-95 10/24/95]
(d) Principal, conditional or prohibited use changes to the text of the land
development regulations. Notice requirements contained within the
applicable sections of Florida Statutes Chapter 166 shall apply. [Amd. Ord.
78-04 1/18/05]; [Amd. Ord. 60-95 10/24/95]
(e) Conditional uses. The City shall provide notice of the public hearing before
the Planning and Zoning Board in accordance with Section 2.4.2(B)(1)(j)(i),
(ii), (iii) and (iv). [Amd. Ord. 78-04 1/18/05]; [Amd. Ord. 60-95 10/24/95]
(f) Variances before the Board of Adjustment. The City shall provide notice of
the public hearing in accordance with Section 2.4.2(B)(1)(j) (i), (ii), and (iv).
[Amd. Ord. 78-04 1/18/05]; [Amd. Ord. 60-95 10/24/95]
(g) Variances before the Historic Preservation Board. Notice shall be given in
accordance with Section 2.4.2(B)(1)(j)(i), (ii) and (iv). [Amd. Ord. 78-04
1/18/05]; [Amd. Ord. 60-95 10/24/95]
(h) Amendments to the Comprehensive Plan. Notice requirements pursuant to
Florida Statutes Chapter 163 shall apply. In addition, notice will be given in
accordance with Section 2.4.2(B)(1)(j) (i), (ii), (iii) and (iv). [Amd. Ord. 78-
04 1/18/05]; [Amd. Ord. 60-95 10/24/95]
(i) Right-of-way abandonments. A public hearing will be held before the
Planning and Zoning Board. A notice of a public hearing shall be given in
accordance with Section 2.4.2(B)(1)(j)(i), (ii), (iv), (v) and (vi). In addition,
the notice shall describe the property to be abandoned and shall generally
describe the obligations that will accrue to the property owners if the
abandonment is approved. [Amd. Ord. 78-04 1/18/05]; [Amd. Ord. 8-97
2/18/97]
(j) Additional public notice. When a section of these Land Development
Regulations requires additional notice pursuant to this section, the additional
notice shall be sent in accordance with one or more of the following: [Amd.
Ord. 78-04 1/18/05]; [Amd. Ord. 8-97 2/18/97]
(i) Written notice to property owners within 500 feet of the perimeter
of the property which is the subject of the development application,
mailed no later than ten days prior to a public hearing. [Amd. Ord.
78-04 1/18/05]
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(ii) Notice posted on the City's web page at least ten days prior to the
scheduled hearing. [Amd. Ord. 78-04 1/18/05]
(iii) Notice posted by the City on the affected property by placing one
placard visible from each adjoining right-of-way or on each street
block face, at least seven days before the scheduled hearing. The
placard shall be prepared by the City and shall identify the action
to be considered and state the time and place of the hearing. The
placard shall be removed by the City within five business days
after the date the public hearing is held. Photographic
documentation of the posted placard shall be placed in the file to
document the posting of the placard. [Amd. Ord. 78-04 1/18/05]
(iv) The notice posted at City Hall. [Amd. Ord. 78-04 1/18/05]
(v) The notice mailed to adjacent property owners 20 days prior to the
public hearing. [Amd. Ord. 78-04 1/18/05]
(vi) Advertisement in the legal section of a newspaper at least ten days
prior to the public hearing. [Amd. Ord. 78-04 1/18/05]
(k) Concurrent notice. When it is necessary to provide a notice of a public
hearing for multiple hearings before one or more bodies, said notice may be
combined within a single notice. [Amd. Ord. 78-04 1/18/05]; [Amd. Ord. 8-
97 2/18/97]
(l) Form of notice. Any notice for a public hearing shall, at a minimum, contain
the following: [Amd. Ord. 78-04 1/18/05]; [Amd. Ord. 8-97 2/18/97]
(i) Date and time of the public hearing, [Amd. Ord. 78-04 1/18/05]
(ii) Location of the property which is the subject of the hearing, and
[Amd. Ord. 78-04 1/18/05]
(iii) Identification of the location of information about the subject of the
public hearing. [Amd. Ord. 78-04 1/18/05]
(m) Newspaper preference. There is no legislative preference pertaining to the
publication of required notices provided that the newspaper is published at
least five days per week. [Amd. Ord. 8-97 2/18/97]
(n) Establishment of mailing list. Whenever notice is to be provided by a letter,
the owners of property to be notified shall be considered to be those recorded
on the latest official county tax roll. A list of such owners along with their
mailing addresses shall be provided as a part of the development application
and shall be accompanied by an affidavit stating that to the best of the
applicant's knowledge, the list is complete and accurate. The list shall be
accompanied by a drawing showing all property lying within 500 feet of the
property under consideration, and mailing labels that would include the
property owners name and mailing addresses. [Amd. Ord. 8-97 2/18/97]
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(o) Change in project. During the course of processing, a development request,
which requires public hearing notice, may be changed by the applicant
without requiring renotice, provided that: [Amd. Ord. 8-97 2/18/97]
(i) The change is not to a new zoning designation which is deemed as
to accommodate more intensive use; or [Amd. Ord. 78-04 1/18/05]
(ii) The change does not allow the introduction of a new type of use or
another use which, in and of itself, is subject to a public hearing.
[Amd. Ord. 78-04 1/18/05]
(2) Conduct. The general conduct of a public hearing shall be in accordance with the
rules adopted by the applicable board, or if none has been adopted, by the Rules
of the City Commission. [Amd. Ord. 78-04 1/18/05]
(C) Notice to external agencies and citizen groups. Notice of receipt of a development
application shall be made to affected and interested groups as identified in this
Subsection (C). Notice shall be provided in sufficient time to allow for review and
comment prior to action. Upon request, a representative of the Planning and Zoning
Department shall appear before such groups to provide information about the
application.
(1) City boards. City Boards shall be noticed as follows:
(a) Downtown Development Authority. Notice of all development applications
within its geographic limits.
(b) Community Redevelopment Agency. Notice of all development applications
within its geographic limits.
(c) Historic Preservation Board. All development applications which involve
property located within a Historic District or on a designated Historic Site
and which are not acted upon by the Historic Preservation Board shall be
referred to that Board in a timely manner so that a recommendation may be
made prior to action by others on the application.
(2) Other entities. Other governmental and regulatory bodies shall be noticed as
follows:
(a) Utility companies. Utility providers for gas, electricity, telephone, cable
television, etc. shall be notified of the submission of a site plan or plat.
(b) Adjacent units of government. Whenever a development application
involves land use review or implements a development activity proposed
within the Comprehensive Plan and it is located within one-quarter mile of
the boundary of an adjacent unit of government, notice shall be provided
pursuant to that unit of government.
(c) Florida Department of Transportation (FDOT). Whenever a site plan
involves property adjacent to a thoroughfare maintained by FDOT, FDOT
shall be notified upon receipt of the development application and FDOT
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approval of any required improvements or connections to the thoroughfare
shall be required prior to approval of a final plat or final engineering plans
when a plat is not required.
(d) Palm Beach County Traffic Division. Whenever a site plan involves
property adjacent to a thoroughfare maintained by Palm Beach County, its
Traffic Division shall be notified upon receipt of the development
application and its approval of any improvements or connections to the
thoroughfare shall be required prior to approval of a final plat or final
engineering plans when a plat is not required.
In addition, whenever a proposed project will generate average daily traffic
in excess of 200 trips, the required Traffic Study shall be forwarded to the
County Engineer for review and comment prior to any consideration, by the
approving body, of the associated development application. [Amd. Ord. 9-97
2/18/97]
(e) Lake Worth Drainage District (LWDD). Whenever a proposed project is
adjacent to LWDD facilities, the District shall be notified upon receipt of the
development application for comments as to impact upon its facilities.
(3) Neighborhood groups. The Planning and Zoning Department shall maintain a list
of neighborhood groups which wishes to receive notice of development
applications that require action by the Planning and Zoning Board, the Site Plan
Review and Appearance Board, or the Historic Preservation Board. To be on the
list, a neighborhood group must provide the name and address of a contact person;
identification of the group; the types of items it wishes to be notified of; and its
geographic area of interest. The Planning and Zoning Department shall notify
such groups of appropriate development applications once such applications are
set on a Board's agenda.
Sec. 2.4.3. Submission requirements.
This Section sets forth items which are to accompany an application for development
approval. These requirements may be waived when, on a case by case basis, the Director finds
that such material is not relevant or necessary to fully analyze or make a determination relative to
an application. Also, the Director may require submission of additional information as set forth
herein.
(A) Standard application items. Every application for a development approval shall
contain the following items, unless otherwise stated: (Ord. No. 30-22, § 2, 11-1-22)
(1) A completed application. (Ord. No. 30-22, § 2, 11-1-22)
(2) A copy of the latest recorded warranty deed for all property associated with the
developer request, and a certificate from an attorney-at-law or a title insurance
company certifying who the current fee simple title holders of record of the
subject property are, and the nature and extent of their interest therein. (Ord. No.
30-22, § 2, 11-1-22)
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(3) If the applicant is other than a single person owner, the written consent of the
owner(s) must be provided in a certified form. When an application is executed on
behalf of a corporation or a business entity, documentation must be provided
which demonstrates that the corporation's representative is authorized to act on
behalf of the corporation.
(4) A vicinity map which clearly shows the subject property, adjacent properties, and
their relationship to streets located, at a minimum, within one-half mile of the
property. Vicinity map shall be at a scale that is readily readable and include
sufficient landmarks to quickly identify location of proposed project. [Amd. Ord.
01-08 1/15/08]
(5) A survey or plat which shows the property described pursuant to the legal
description contained in the warranty deed required in subsection (2), above. Such
survey or plat shall show all improvements on the property and must be certified
as reflecting conditions on the site as they existed within six months prior to the
filing of the application.
(6) For all items which involve a public hearing which must be noticed by letter, a list
of adjacent property owners pursuant to Section 2.4.2(B)(1)(n). [Amd. Ord. 78-04
1/18/05]
(7) Copy of a letter of notification to the utility providers referenced in Section
2.4.2(C)(2)(a) to which a copy of the site plan or plat is provided. (Standard form
letter to be provided by the City). (Ord. No. 41-20, § 2, 10-20-20)
(8) Payment of the appropriate processing fee, which shall be adopted pursuant to the
procedures outlined in Section 2.4.3(K). (Ord. No. 41-20, § 2, 10-20-20)
(9) A completed "School District of Palm Beach County - School Concurrency
Application and Service Provider Form", and a check or money order for the
appropriate fee, made payable to: The School District of Palm Beach County. This
is required for all projects which include residential dwelling units. [Amd. Ord.
26-02 7/16/02]
(10) A draft rating checklist from a green building certification entity, demonstrating
compliance with minimum certification pursuant to Section 7.11.1, if required.
(Ord. No. 30-22, § 2, 11-1-22)
(B) Standard plan items. The following items, unless otherwise stated, shall be included as
a part of any application submittal that requires formal action by a Board or that may
be approved by the Development Services Director or designee. These include, but are
not limited to: a site and development plan, landscaping plan, preliminary engineering
plans, or master (concept) plan. (Ord. No. 30-22, § 2, 11-1-22)
(1) The survey, site plan, landscaping plan, preliminary engineering plans, tree
survey, photometric plan, irrigation plan, (excluding architectural elevations and
floor plans, which shall utilize an architect's scale) shall be at the same scale.
Acceptable scales shall include one inch equals ten feet; one inch equals 20 feet or
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one inch equals 30 feet. The size and location of structures, landscape areas, and
other features shall be dimensioned. [Amd. Ord. 01-08 1/15/08]
(2) A title block that shows: the project name, the scale, the date of the drawing,
revision numbers and revision dates (revised drawings which do not have revision
numbers and dates shall not be accepted), page numbers, name of what is being
presented (e.g. landscaping, paving and drainage, etc.), and name of the firm or
individual who prepared the drawing. (Ord. No. 30-22, § 2, 11-1-22)
(3) A north arrow and a location map inset.
(4) The perimeter of the property described pursuant to the legal description
contained in the submitted warranty deed.
(5) The center line of the right-of-way of any adjacent street with the basis of the
center line clearly stated; the center line of the existing pavement; the width of the
street pavement; the location and width of any adjacent sidewalk; and the
identification of any improvements located between the property and any adjacent
street.
(6) The approximate location of intersecting lot lines of adjacent parcels and the
approximate location of the nearest structures and/or significant improvements on
those parcels.
(7) The location of the nearest driveway or point of access of adjacent properties
(including property across a street, which shares a common street with the subject
property). If there are no driveways within 50 feet, then they do not need to be
shown; however, a note to this situation shall be provided.
(8) The approximate location of aboveground and underground utilities including
water, sewer, drainage, power, gas, telephone, and cable television; poles and guy
wires; transformer boxes, etc. The plan shall identify the disposition of all such
existing utilities.
(9) The location of any other significant features, including vegetation and all trees
which have a diameter of four inches or greater, measured at four and one-half
feet above grade; water bodies and water courses; and other improvements. The
plan shall identify the disposition of all such items. A separate tree survey may be
required. If so, it shall be at the same scale as the site plan.
NOTE: Items required in (8) and (9) may be shown on one separate plan or
survey sheet, and then only those items which are proposed to be incorporated
with the proposed development need be shown on the site plan.
(10) The location of all proposed structures with setbacks dimensioned from the
closest property lines.
(11) The intended use of each structure. This may be accommodated directly on the
drawing or by referencing the structures by letter and providing a chart.
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(l2) The paths of ingress and egress for vehicles and pedestrians onto and through the
site. Traffic flow shall be indicated with arrows. Standard Manual of Uniform
Traffic Control Devices (MUTCD) symbols shall be used to show control devices
and pavement markings. A separate flow control plan may be required.
(13) The location of parking areas and loading zones (areas). The number of parking
spaces shall be shown on the plan. The plan shall show typical dimensions of
parking spaces, landscape islands, and traffic aisles for each type of parking space
which is provided. In addition, a detail showing parking space striping, space
sizing, and method(s) of providing wheel stops shall be provided.
(14) The manner in which all utility services are to be provided to the site and to
individual structures on the site.
(15) The location of any buffers, fencing, walls. A sketch of the type of such feature
shall be provided.
(16) The location of proposed signing with an indication of proposed height and
dimensions. (Note: Sign approval is not a part of a site plan approval.)
(17) A photometric plan showing a preliminary lighting layout including the location
of all proposed lighting fixtures shall be provided for all development. A picture
or sketch of the lighting fixture including height and a lighting coverage exhibit is
required. This shall include details of wall-pack lighting and freestanding lights
both proposed and existing. The plan shall show maximum photometric
calculation patterns which shall not exceed ten feet spacing. Calculations shall
include the average, minimum and maximum foot-candles, average to minimum
ratio and maximum to minimum ratio on the site. Plans shall be signed and sealed
by a licensed professional knowledgeable in lighting design. [Amd. Ord. 41-08
11/3/08]
(18) The proposed location for solid waste disposal facilities. A note or detail shall be
provided which identifies the height of required enclosures, the type of gating, and
the type of materials to be used for the enclosure.
(19) The location of all landscape areas and an indication of the type of vegetation
(trees, shrubs, hedges, groundcover) which is to be provided therein.
(20) Spot elevations showing changes of elevations of not more than two feet, existing
and proposed, throughout the site and at a distance ten feet into adjacent property.
Additional spot elevations and/or a topographic plan may be required.
(21) The F.E.M.A. Flood Plain designation for the property, the base flood elevation,
and a statement as to how provisions of the Flood Damage Regulations will be
met.
(22) If project phasing is proposed, such phases shall be clearly shown on the plan and
a narrative describing the phasing program shall be provided.
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(23) A completed "Project Data" sheet. This sheet shall be available at the Planning
and Zoning Department and shall be unique to different types of development
activity (i.e. commercial, industrial, residential).
(24) Plans which are submitted for formal action shall be stamped with a raised seal
and signed by the preparer.
(C) Landscaping plans. A formal landscape plan, which complies with the provisions of
Section 4.6.16, shall:
(1) Be drawn to scale consistent with the site plan with crowded or tight areas
provided in a larger scale presentation.
(2) Clearly delineate the existing and proposed parking spaces or other vehicular use
areas, access aisles, sidewalks, building locations and similar features.
(3) Contain a Statement of Intent as to the method and coverage of irrigation
(irrigation system requires a separate permit).
(4) Designate by name and location the plant material to be installed or preserved.
(5) Provide a legend including the botanical and common names, height, spread and
spacing of all plant materials.
(6) Show all landscape features, including areas of vegetation required to be
preserved by law, in context with the location and outline of existing and
proposed buildings, and other improvements on the site, if any.
(7) Include a tabulation clearly displaying the relevant statistical information
necessary to evaluate compliance with the provisions of this code. This includes
the gross acreage, square footage of preservation areas, number of trees to be
planted or preserved, square footage of paved areas devoted to parking and
circulation, total square footage of interior greenspace and of perimeter
greenspace, total number of interior trees provided, percentage of native plant
materials and such other information that may be required to determine that the
landscape plan meets the requirements of the Code. A separate exhibit which
shows the location of areas upon which calculations are based may be required.
(8) Provide the name, address and telephone number of the person preparing the
landscape plans and the owner or agent.
(9) Show proposed location of outdoor lighting.
(10) Show proposed location of refuse areas and methods of screening;
(11) Show proposed location of overhead lines and utility easements.
(12) Show proposed location of signage.
(13) Demonstrate that the proposed landscaping will be consistent with existing
vegetation preserved on the property.
(14) Required management plan. For all areas of preserved plant communities larger
than one-half acre in area, the owner shall submit with the landscape plan, a
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narrative management plan indicating the manner in which the native plant
communities will be preserved. The narrative shall include:
(a) Whether or not the existing vegetation is to be preserved in the existing
species composition;
(b) If applicable, the manner in which the composition of existing plant material
is to be preserved, hand removal of invasive species, prescribed burning, etc.;
(c) The maintenance schedule for the removal of exotics;
(d) The maintenance schedule for the removal of debris.
(D) Preliminary engineering plans.
(1) Preliminary engineering plans shall provide information and be in a format as
required by Section 2.4.3(B), Standard Plan Items.
(2) Said plans shall be drawn on a topographic base (unless the use of spot elevations
are previously approved by the City Engineer) with topographic features extended
to ten feet beyond the site. All plans shall be drawn on a sheet which is 24 inches
by 36 inches. [Amd. Ord. 01-08 1/15/08]; [Amd. Ord. 26-93 4/13/93]
(3) Said plans shall show the approximate location as shown in records of Delray
Beach and/or field observations of all existing water, sewer, and drainage
facilities along with streets, sidewalks, and above ground improvements which
provide service to and on the site. Notes shall state the disposition of all existing
facilities including service lines, meters, etc.
(4) Said plans shall show the proposed location, sizing and design basis of water,
sewer, fire suppression, and drainage facilities which are to serve the site,
including pertinent calculations, and the method of providing service to the
proposed structures. [Amd. Ord. 26-93 4/13/93]
(5) Said plans shall show the method of providing service to proposed structures.
(6) Said plans shall show the location of proposed street lights and shall address the
responsibility for installation.
(7) Bus shelters. [Section added by Ord. 13-13 8/20/13]
(a) Said plans for the following projects shall include a bus shelter:
(i) A new residential project that has 25 or more units;
(ii) A non-residential project that is greater than 10,000 square feet;
(iii) A project that is adjacent to an existing or proposed transit stop.
(b) When the placement of a bus shelter for a qualifying project would be
located less than the standard minimum distance from an existing shelter
(applied and determined by Palm Tran), then the project shall contribute the
full cost of the purchase and installation of a complete bus shelter.
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(c) New residential projects that have fewer than 25 units, non-residential
projects that are smaller than 10,000 square feet, or projects that are not
located adjacent to a transit stop shall contribute 50 percent of the cost of the
purchase and installation of a complete bus shelter.
(8) Surface water management calculation indicating the proposed system's ability to
meet storm water quality and quantity requirements in accordance with SFWMD
(South Florida Water Management District) regulations. [Amd. Ord. 26-93
4/13/93]
(9) Said plans may include a plan sheet which includes all proposed improvements on
one plan sheet at a scale other than what is required in Section 2.4.3 (B) (1). This
additional submittal is in addition to plans submitted meeting the scale
requirement in Section 2.4.3(B)(1). [Amd. Ord. 01-08 1/15/08]
(E) Traffic statements and studies. Whenever a land use application, which will add use
area or establish a new use which will increase traffic at the site by 201 or more trips
per day (net ADT (Average Daily Traffic) is submitted, it shall be accompanied by a
traffic study which meets the requirements of the Palm Beach County Traffic
Performance Standards Ordinance. [Amd. Ord. 9-97 2/18/97]
(1) Threshold Exemptions: Developments which generate 201 or more ADT and are
located within the City's TCEA are exempt from having to provide a traffic study.
[Amd. Ord. 9-97 2/18/97]
(2) Traffic statement exemptions. All other land use applications which generate 200
or less ADT or are located in the City's TCEA shall be accompanied by a traffic
statement which establishes the anticipated net ADT and includes the following:
[Amd. Ord. 9-97 2/18/97]
(a) Type of use and intensity;
(b) Categorization by the ITE Manual and formula used for establishing gross
ADT;
(c) Capture factors which are applied and attendant calculations;
(d) Calculation of net ADT;
(e) Location of project;
(f) Current (latest) ADT volumes for the street upon which the use takes
access(es).
(3) Transportation demand management. A land use application, which will add use
area or establish a new use, that will result in the addition on the premises of more
than 50 employees, located in the City's TCEA (Transportation Concurrency
Exception Area), shall include submittal of a program to implement employer-
based TDM (Transportation Demand Management) activities. These activities
may include, but are not limited to, ride sharing, van pooling, and flexible work
hours. [Amd. Ord. 36-98 10/6/98]
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(F) Final engineering plans. Final Engineering Plans are construction drawings which
have been prepared by a Registered Engineer in a manner acceptable to permitting
agencies and in accordance with the latest version of the City of Delray Beach
Minimum Construction Standards and Specifications. [Amd. Ord. 13-13 8/20/13]
(1) Water and sewer plans must be prepared pursuant to requirements of the
Department of Health and Rehabilitative Services (HRS)
(2) Drainage plans must be prepared pursuant to requirements of the South Florida
Water Management District.
(3) Street improvement plans must be prepared pursuant to specifications as set forth
by the City Engineer for local streets; and, per Palm Beach County or FDOT
requirements for streets which are under the jurisdiction of those agencies.
(4) Composite utility plans shall show the proposed location of all existing and
proposed utilities (water, sewer, power, telephone, gas, cable, drainage devices)
and shall be signed by a representative of each utility provider attesting to the fact
that services can be accommodated as shown on the composite utility plan. The
composite plan shall address the responsibility for relocation of existing services
and installation of new services.
(G) Architectural elevations. The submission for architectural review by the Site Plan
Review and Appearance Board or Historic Preservation Board, as appropriate, shall
consist of the following:
(1) A sketch plan showing existing conditions if the architectural review is not
associated with an application that requires site plan or preliminary plat review,
otherwise, the site plan or plat shall accompany the submission. (Ord. No. 22-20,
§ 3, 8-26-20)
(2) All drawings shall be drawn to scale (architectural scale is permitted) and
dimensioned.
(3) A drawing showing all elevations (east, west, north, south) of proposed structures
or of the elevation(s) that is being modified when an existing structure is involved.
(Ord. No. 22-20, § 3, 8-26-20)
a. Each elevation drawing shall show all architectural features of the structure
and include the manner in which air conditioning, ventilation systems, and
similar items are to be treated and screened. (Ord. No. 22-20, § 3, 8-26-20)
b. Exterior colors and the type of exterior surfaces, including roofs, shall be
identified. (Ord. No. 22-20, § 3, 8-26-20)
c. Murals shall not be included as part of any proposed changes to elevations. A
separate mural application and review process is required. (Ord. No. 22-20, §
3, 8-26-20)
(4) A roof plan showing the location of equipment and features located thereon. (Ord.
No. 22-20, § 3, 8-26-20)
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(5) Color and material samples. (Ord. No. 22-20, § 3, 8-26-20)
(6) Additional detailed drawings and/or supportive documents may be necessary to
meet the requirements or demonstrate compliance with applicable sections of this
Code. [Amd. Ord. 21-04 5/4/04] (Ord. No. 22-20, § 3, 8-26-20)
(H) Submission (platting) items. A preliminary or final plat shall contain the items
identified in the following subsections. All plats shall be drawn at a scale of one inch
equals ten feet, one inch equals 20 feet, or one inch equals 30 feet. All plats shall be
drawn on a sheet which is 24 inches by 36 inches. [Amd. Ord. 01-08 1/15/08]
(1) The preliminary plat. A preliminary plat shall be clearly titled "Preliminary Plat".
It must encompass all of the land which is under the legal description contained in
the warranty deed(s) and shall show the following information:
(a) Items 1-5, 6-9, 20, and 21 of the Standard Plan Items listed in Section
2.4.3(B).
(b) The name and location of adjacent subdivisions and lots.
(c) All existing easements (recorded or apparent) and existing (internal) property
or lot lines along with notations as to the purpose of the easements and
reference to their recording instrument. Existing easements and lot lines
which are to be removed, abandoned, or relocated shall be shown in dashed
lines.
(d) The proposed boundary lines of new lots and tracts and easements. All such
lines shall be dimensioned and the purpose of easements and of restricted use
lots and tracts shall be identified.
(e) All streets shall show proposed street names.
(f) The proposed location of street trees shall be shown if the subdivision is not
associated with a site plan or landscape plan submission. A separate exhibit
shall show street tree specifications and planting details. For small
subdivisions, the street tree plan may be submitted in the form of a narrative.
(g) The proposed location of street lights shall be shown if the subdivision is not
associated with a site plan or landscape plan submission. A separate exhibit
which identifies the type of street lights and the responsibility for installation
and maintenance shall be provided.
(h) If all of the land is not to be subdivided into individual lots but retained in a
future development tract, the preliminary plat must show the general location
of the anticipated street pattern, routing of utilities, points of access, and the
proposed use for such tracts.
(i) A dedication statement shall be provided. The dedication shall be in the
format shown in the City Subdivision Forms. Variations can be made to
accommodate unusual situations; however, such variations must be first
agreed to by the City Engineer. When the dedication statement provides for
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common areas, a separate narrative is to be provided which describes the
proposed method of ownership and maintenance. [Amd. Ord. 46-95 9/5/95]
(j) The signature block shall be provided in the format shown in the City
Subdivision Forms. [Amd. Ord. 46-95 9/5/95]
(2) A Final Plat shall be drawn at a scale of one inch equals ten feet, one inch equals
20 feet or one inch equals 30 feet. Individual sheets, their size, marginal lines, and
other drafting considerations shall comply with requirements of Palm Beach
County for the recordation of plats. Where the final plat requires more than one
sheet, each sheet shall be keyed to a master map. The final plat shall show the
following: [Amd. Ord. 01-08 1/15/08]
(a) A map showing the location of the subdivision with respect to Section or
Government lot lines.
(b) A title block as provided on the preliminary plat.
(c) Boundary lines drawn in compliance with F.S. 177, Land Boundaries.
(d) The accurate location material of all permanent reference monuments.
(e) The exact layout, including street and alley lines, street names, bearing
angles of intersection and widths (including widths along the lines of any
obliquely intersecting street), lengths of arcs and radii, points of curvature
and tangent bearings, all easements or rights-of-way where provided; all lot
lines with dimensions in feet and hundredths and with bearings or angles if
other than right angles to the street or alley lines. [Amd. Ord. 46-95 9/5/95]
(f) Lots numbered in numerical sequence beginning with number one in each
block, and blocks numbered in numerical order or lettered in alphabetical
order.
(g) The accurate identification of all property which is to be dedicated or
reserved for public use including open drainage courses and easements, and
all property that may be reserved by covenants in deeds for the common use
of the property owners in the subdivision with the purposes indicated
thereon.
(h) Mortgagee statements of consent. in the format provided in the City
subdivision Forms. [Amd. Ord. 46-95 9/5/95]
(i) Title Certification by an attorney-at-law or title company, in the format
provided in the City Subdivision Forms. [Amd. Ord. 46-95 9/5/95]
(j) Standard Dedication Statement, in the format provided in the City
subdivision Forms. [Amd. Ord. 46-95 9/5/95]
(k) Standard Signature Block, in the format provided in the City subdivision
Forms. [Amd. Ord. 46-95 9/5/95]
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(l) Surveyors Certificate attesting to the accuracy of the survey and the
placement of permanent reference monuments, in the format provided in the
City subdivision Forms. [Amd. Ord. 46-95 9/5/95]
(m) Name of the subdivision centered at the top of the page and a north arrow
with scale.
(I) Additional information. Additional information may be required as deemed necessary
or appropriate in order to adequately evaluate the development proposal. Also,
additional information as required pursuant to a specific type of development
application as further described in Section 2.4.5 shall be provided as a part of an initial
submittal.
(J) Combining of submittal items for multiple purpose applications.
(1) When one project requires more than one application (e.g. rezoning, site plan,
abandonment, plat), the information required of a Basic Submission 2.4.3(A) parts
(2) through (7) need only be provided with the initial application provided that
with each subsequent application an affidavit, signed by the owner or designated
agent, verifies that the original information therein has not changed. Any
information which has changed must be noted and resubmitted.
(2) Each site plan application or master plan application must provide a complete
basic plan submittal, 2.4.3(B). Information required by subsections (C) and (D)
may be shown on the basic plan or may otherwise be combined provided that the
submittal remains clear and easy to read. Three separate submittals may be
required at the discretion of the Director.
(K) Fees. Processing fees shall be collected for development applications. The fees shall be
established by resolution of the City Commission. One copy of the Fee schedule shall
be identified as an official copy and shall be kept on file with the City Clerk for public
use, inspection, and examination. A copy of the fee schedule shall be kept on file with
the Development Services Department for use, inspection and examination by City
Staff and any applicant. One digital copy of the official copy of the adopted Fee
schedule shall be posted to the City's website with development applications. (Ord. No.
41-20, § 2, 10-20-20)2
(1) Exceptions. (Ord. No. 41-20, § 2, 10-20-20)
2Editor's note(s)—Ord. No. 41-20, § 2, adopted October 20, 2020, in effect repealed subsection 2.4.3(K) and
enacted a new subsection 2.4.3(K) as set out herein and later amended. Former subsection (K) pertained to
similar subject matter and derived from Ord. 20-91, adopted February 26, 1991; Ord. 32-92, adopted
September 22, 1992; Ord. 46-95, adopted September 5, 1995; Ord. 59-95, adopted October 24, 1995; Ord.
10-97, adopted February 18, 1997; Ord. 42-02, adopted October 15, 2002; Ord. 8-04, adopted February 17,
2004; Ord. 21-06, adopted April 18, 2006; Ord. 25-07, adopted August 21, 2007; Ord. 33-09, adopted August
4, 2009; Ord. 51-09, adopted October 20, 2009; Ord. 23-12, adopted August 7, 2012; and Ord. 20-15,
adopted October 6, 2015.
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(a) Application and permit fees shall not apply to requests initiated by the City,
any agency of the City, or by other units of government. (Ord. No. 41-20, §
2, 10-20-20)
(b) Waiver of payment of development application, plan check and permit fees
may be granted by the City Manager upon a written request from eligible
non-profit and service organizations. Those organizations eligible for waiver
consideration are: (Ord. No. 41-20, § 2, 10-20-20)
1. Non-profit organizations currently receiving a portion of their
annual operating budget from the United Way and/or the City and
possessing a 501C(3) designation from the State of Florida. (Ord.
No. 41-20, § 2, 10-20-20)
2. Service organizations which elect to sponsor and participate in
special event and/or fund raising activities that are of benefit to the
general public. For this purpose, eligible organizations must
provide in writing the extent of their involvement with the
proposed activity. A group's physical presence (active
involvement) during the event is required. (Ord. No. 41-20, § 2,
10-20-20)
(c) The waiver of fees is applied in the following manner: (Ord. No. 41-20, § 2,
10-20-20)
1. For fees assessed for development applications, 100 percent of
assessed fees may be waived. (Ord. No. 41-20, § 2, 10-20-20)
2. For Plan Check and Permit Fees, no more than 70 percent of the
assessed fees may be waived. (Ord. No. 41-20, § 2, 10-20-20)
3. All fees may be waived for the use of the City's portable stage
when used in conjunction with special event activities and
activities held at City facilities. (Ord. No. 41-20, § 2, 10-20-20)
(L) Master development plans.
(1) Submission requirements. The following items constitute the submission
requirements for a Master Development Plan (MDP).
(a) Standard Application Items Pursuant to Section 2.4.3(A).
(b) Land use map. A graphic representation of the entire site which shows or
provides:
- a location map;
- adjacent street system and parcels and the uses thereon;
- project name;
- development areas identified by land use categories;
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- the general location of major water, sewer, and drainage devices
required for the project;
- legend and tabular data regarding land areas devoted to uses
(streets, open space, type of use, etc.), square footage of building
use per land use category, and phasing schedule.
(c) Conceptual development plan(s). A graphic representation of the entire site,
phases thereof, or development areas which shows:
- The relationship between the entire site and adjacent parcels;
- The relationship between development phases and/or internal
development areas;
- Traffic circulation, parking areas, building locations, landscape
areas, and utility facilities;
- Elevations depicting architectural styles for the proposed
development and information regarding architectural details, e.g.,
building materials, pavement textures, signing materials, lighting
fixtures, street furniture, etc.
(d) Narrative. The narrative shall set forth the following:
- General information about the project;
- Statement of character of the project and its specific objectives
regarding impact upon the community;
- Statement as to uses;
- Phasing sequence, if any, including phasing of the installation of
public improvements;
- Variance, waivers, adjustments or other concessions requested for
the project;
- Statements pertaining to payment of processing, in lieu, impact,
and special fees;
- Statements pertaining to anticipated processing and review
sequences;
- Statements pertaining to initial contact with service providers
and/or agencies involved with storm drainage, water management,
solid waste disposal and related items as is appropriate;
- Statements pertaining to compliance with County and City
Wellfield Protection requirements, and Hazardous Waste Disposal
requirements.
(M) Credentials for preparation of certain submission items.
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(1) Plans to be certified. The following submissions are to be signed and sealed by
the profession which is so authorized by Florida Statutes, (Board of Professional
Regulation):
(a) Boundary Survey by a licensed surveyor or registered engineer;
(b) Traffic statement or study by a registered engineer;
(c) A landscape plan by a registered landscape architect;
(d) A site plan by a registered architect, a landscape architect, or registered
engineer;
(e) Preliminary and Final Engineering Plans by a registered engineer
(f) Photometric plans shall be signed and sealed by a licensed professional
knowledgeable in lighting design. [Amd. Ord. 41-08 11/3/08]
(2) Exceptions.
(a) General. Exceptions to the above sign and seal requirement include the
preparation of plans, when allowed, by owners and others, who are not
registered professionals, pursuant to Florida State Statute.
(b) Site plans. A site plan to be recorded (certified as meeting conditions of
approval) must be signed and sealed without exception. A site plan
submission which is to be considered through the formal site plan review
process shall be signed and sealed when the site planning involves the
application of drainage, landscaping principles, building relationships, and
traffic flow concepts. However, the Director may accept a site plan prepared
by an owner, or other person, when the site plan is considered as a
preliminary submission or when the essence of the review is to evaluate
compliance with code requirements as opposed to application of design
principles to the proposed development.
Sec. 2.4.4. General procedures pertaining to approval of land use and development
applications.
The following provisions apply to various land development applications:
(A) Initiation of applications. Any person, firm, or corporation owning property within the
City who desires to affect a change in the Comprehensive Plan, to change the
designation on the Zoning Map, or to seek development approval pursuant to Section
2.4.5, or to obtain a permit or approval pursuant to Section 2.4.6, or to seek relief
pursuant to 2.4.7 as it pertains to land under their ownership may make an application
for such action. The Local Planning Agency and the City Commission may initiate a
development application as it pertains to an amendment to the Comprehensive Plan or
to the Official Zoning Map as it pertains to any property within the City.
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(B) Findings upon approval. Prior to the approval of a development application, certain
findings must be made in a form which is part of the official record. Article 3.1 sets
forth such required findings.
(C) Imposition of conditions. In granting approval to any development application, the
granting body may impose whatever conditions it deems necessary in order to insure:
• The compatibility of the use with nearby existing and proposed uses.
• Concurrency.
• Consistency with objectives and policies of the Comprehensive Plan.
• The fulfillment of requirements of these Regulations which should have or could
have been fulfilled prior to the approval action but which were not, due to
conditions beyond the control of the applicant.
• The fulfillment of requirements of these Regulations which could have been
fulfilled prior but remain outstanding; thus, providing that they will be
accommodated in a later stage of processing.
However, neither a final subdivision plat nor an abandonment of a right-of-way or an
easement shall be approved subject to conditions.
(D) Establishment of project. All approvals shall be considered established when it meets
one of the following tests: [Amd. Ord. 38-08 9/16/08]
(1) Improvements representing 25 percent of the total cost of all improvements
associated with the project approval. [Amd. Ord. 38-08 9/16/08]
(2) A certificate of occupancy has been issued for use of the property pursuant to the
development approval.
(E) Expiration of approvals.
Deleted (1) and Renumbered [Amd. Ord. 38-08 9/16/08]
(1) Conditional uses, site plans, site plan modifications, preliminary subdivision
plats, zoning certificate of use and occupancy. All approval expiration dates for
Conditional Use, Site Plan, Site Plan Modification, Preliminary Subdivision Plat,
and Zoning Certificate of Use and Occupancy shall be determined as follows:
[Amd. Ord. 38-08 9/16/08]; [Amd. Ord. 11-06 3/21/06]; [Amd. Ord. 25-05
5/3/05]; [Amd. Ord. 11-05 3/15/05] (Ord. No. 24-18, § 3, 11-27-18)
(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. [Amd. Ord. 38-08 9/16/08] (Ord.
No. 24-18, § 3, 11-27-18)
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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 approval by the Director. If a
Business Tax Receipt application is not submitted prior to the expiration
date, a new Zoning Certificate of Use and Occupancy must be requested, and
a new fee will be required. (Ord. No. 24-18, § 3, 11-27-18)
(2) Certificates of appropriateness. Certificates of Appropriateness approvals
associated with a Site Plan, Site Plan Modification and/or Conditional Use
application shall follow timelines provided in Section 2.4.4(E)(1). All approval
expiration dates for Certificates of Appropriateness not associated with a Site
Plan, Site Plan Modification, or Conditional Use shall be determined as follows:
[Amd. Ord. 38-08 9/16/08]
(a) New Certificates of Appropriateness approvals or any revision as defined by
Section 4.5.1(E)(2) of an approved and established project shall be valid for
a period of 24 months. Any major revision, as defined by Section
4.5.1(E)(2), of an approved, yet unestablished Certificate of Appropriateness,
shall be considered a new approval and have an additional 24-month
approval period. Any minor revision, as defined by Section 4.5.1(E)(2), of an
approved, yet unestablished Certificate of Appropriateness shall be valid for
the original Certificate of Appropriateness approval period. [Amd. Ord. 38-
08 9/16/08]
(3) Extensions. Extensions of approved applications may be granted pursuant to LDR
Section 2.4.4(F). [Amd. Ord. 38-08 9/16/08]
(4) Relief from parking requirements, waivers, adjustments. These approvals,
associated with a specific development application, shall remain valid for the
same period as said development application, do not run with the land, nor are
they transferable to another development proposal. [Amd. Ord. 38-08 9/16/08]
(5) Abandonments, final plats, variances. [Amd. Ord. 38-08 9/16/08]; [Amd. Ord.
46-95 9/5/95]
(a) Once approved by the City Commission, the final plat must be recorded
within 18 months. If the final plat is not recorded within 18 months, the
approval expires. [Amd. Ord. 46-95 9/5/95]
(b) A final plat may be vacated by action of the City Commission [See Section
2.4.5(L)]. [Amd. Ord. 46-95 9/5/95]
(c) Abandonments, Final Plats, and Variances are final actions which run with
the land. [Amd. Ord. 38-08 9/16/08]
(6) Master development plans. Master Development Plans approved either by the
Planning and Zoning Board or the Historic Preservation Board shall be valid for a
period of two years. [Amd. Ord. 23-09 5/19/09]
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(7) Murals. Mural permits shall be valid for a period of 12 months from the approval
date. The installation of an approved mural shall be completed and inspected no
later than 12 months from the approval date. (Ord. No. 22-20, § 4, 8-26-20)
(F) Extensions. Extensions may be granted to a project approval listed under Sections
2.4.4(E)(1) and (2) pursuant to the following: [Amd. Ord. 38-08 9/16/08]
(1) General.
(a) A written request for an extension must have been received by the City at
least 45 days prior to the expiration date;
(b) The letter must set forth the basis and reason for the extension;
(c) The extension shall be considered by the same body which granted the
original approval;
(d) The extension, if granted, shall be for 18 months unless otherwise stated;
(2) Construction has commenced. When there are substantial improvements on the
site but the 25 percent establishment standard is not met, the granting agency shall
consider the diligence and good faith of the developer to actually commence and
complete construction. In this case, an extension to the originally approved project
without change or without evaluation pursuant to subsection (3), which follows,
shall be granted to enable the developer to complete the project as opposed to
allowing a continuing approval in order to more readily sell the land and/or
project. In considering "diligence and good faith", the granting body shall
consider: [Amd. Ord. 38-08 9/16/08]
(a) When the construction commenced (construction which is commenced
immediately preceding expiration generally indicates a lack of good faith);
(b) The extent to which construction has proceeded;
(c) The extent to which there has been a bonafide continuous effort to develop
but because of circumstances beyond the control of the developer, it was not
possible to meet the 25 percent standard.
(3) No construction. When the project has not commenced construction, or
construction has not been deemed substantial, the request for extension shall be
considered pursuant to the following:
(a) The project shall be evaluated pursuant to the land development regulations
in effect at the time of consideration of the extension request and shall
comply with such current requirements;
(b) Additional submittal information including a new application and copies of
previously submittal material may be required;
(c) The granting body must make findings pursuant to Section 2.4.4(B);
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(d) The granting body may impose additional conditions of approval pursuant to
2.4.4(C) to insure compliance with any applicable changes to regulations or
changes in circumstances which have occurred since the previous approval.
(4) Litigation preventing construction. When a lawsuit is filed against the City, a
developer, owner or applicant challenging the granting of a development approval
by the City as listed under Subsection 2.4.4(E)(2), an extension of the
development approval shall be granted without further review. The extension of
time shall be effective until the litigation is concluded. Provided, however, in no
event shall the extension of time exceed seven years from the initial date of
approval of the development application. If the litigation is not resolved within a
maximum of seven years from the initial date of approval, the developer, owner or
applicant shall be required to follow Section 2.4.4(F)(1), (2) or (3). The litigation
shall be deemed to be concluded after all appeals have been exhausted and a Final
Order/Decision from the Court having jurisdiction over the matter has been
entered. This subsection does not apply to lawsuits filed by the developer, owner
or applicant against some other party, nor does it apply in any way to allow the
developer, owner or applicant to extend the 24-month deadline because of
financial issues. [Amd. Ord. 24-09 5/19/09]; [Amd. Ord. 10-02 3/5/02]; [Amd.
Ord. 59-01 12/4/01]
However, in order to be eligible for an extension of time, the developer, owner or
applicant seeking an extension must send written notification and documentation
that shows ongoing litigation to the City within 30 days of the service of the suit,
unless the City is a party to the suit. Except that, Subsection 2.4.4(F)(4) shall also
apply to those development applications that were approved by the City prior to
the adoption date of this ordinance, which approval is still valid in that the
approval period has not expired, but construction has not commenced as litigation
over the approval of the development application has prevented the
commencement of construction. In order to qualify under this exception provided
for in this paragraph, the developer, owner or applicant must provide the required
notification/documentation to the City within 30 days of the adoption of this
ordinance. [Amd. Ord. 10-02 3/5/02]; [Amd. Ord. 59-01 12/4/01]
Sec. 2.4.5. Procedures for obtaining development approvals.
(A) Amendments to the Comprehensive Plan. Amendments to the Comprehensive Plan shall be
processed pursuant to F.S. 163.3184 through 163.3253, as may be amended. (Ord. No. 38-
17 , § 2, 11-7-17)
(B) Developments of Regional Impact (DRI).
(1) Rule. When a development application is for a project which is at a presumptive
threshold or up to 20 percent above a numerical threshold in guidelines and standards
in F.S. 380 or administrative rules promulgated thereunder, the applicant shall be
required to submit and receive a determination from the Department of Community
Affairs as to whether or not such development is a development of regional impact as
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defined by F.S. 380.06. When such a determination has been made that the DRI
process pursuant to F.S. 380.06 must be followed or for a DRI where the applicant has
waived the right to request a binding letter, then any development application sought
from the City for such DRI shall be accompanied by and filed simultaneously with an
application for development approval (ADA) seeking development of regional impact
review pursuant to F.S. 380.06.
(2) Procedure. The ADA shall be processed simultaneously with the development
application. Procedures which are established for the categories of development
application shall be followed. No final action shall be taken by the City on any City
development application for the project until the City is in a position to concurrently
act upon the application for development approval (ADA).
(C) Annexation of territory.
(1) Rule. The owner of land may seek the annexation of contiguous property, under his
ownership. The City may initiate an annexation of private property if said right has
been delegated via provisions of a water service agreement or other agreement to that
end. Further, the City may initiate annexation of property pursuant to Florida Statutes.
[Amd. Ord. 2-95 1/17/95]
(2) Required information. A request for voluntary annexation shall be in the form of a
Petition to the City Clerk in which a request for annexation is made. The Petition must
identify the property to be annexed by legal description and must state the desired
zoning. A voluntary annexation petition must be accompanied by a zoning application.
In addition to information required for the zoning action, an exhibit, prepared by a
licensed surveyor, which shows the points of contiguity shall be provided.
Requirements for non-voluntary annexations are pursuant to applicable sections of
Florida Statutes Chapter 171. [Amd. Ord. 2-95 1/17/95]
(3) Procedure. The voluntary annexation petition shall be considered with the zoning
application and shall be subject to the zoning procedures. For voluntary annexations,
prior to second reading of the enacting ordinance by the City Commission, notice of
the annexation shall be published pursuant to 2.4.2(B)(1)(a)(2). Non-voluntary
annexations require a recommendation of the Planning and Zoning Board, and shall be
processed pursuant to applicable requirements of Florida Statutes Chapter 171. [Amd.
Ord. 2-95 1/17/95]
(4) Findings. The City Commission must make findings that the annexation is consistent
with Objective NDC 3.3 of the Neighborhoods, Districts, and Corridors Element, and
complies with F.S. Chapter 171. [Amd. Ord. 2-95 1/17/95] (Ord. No. 23-20, § 7, 9-10-
20)
(D) Change of zoning district designation.
(1) Rule. The City Commission, by ordinance, after review and recommendation for
approval by the Planning and Zoning Board may amend the Official Zoning Map.
(2) Required information. Standard application items pursuant to 2.4.3(A) shall be
provided. Traffic information prepared in accordance with Section 2.4.3(E) and which
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addresses the development of property under reasonable intensity pursuant to the
existing and proposed zoning shall be provided. In addition, a statement of the reasons
for which the change is being sought must accompany the application. Valid reasons
for approving a change in zoning include:
• That the zoning had previously been changed, or was originally established, in
error;
• That there has been a change in circumstance which makes the current zoning
inappropriate;
• That the requested zoning is of similar intensity as allowed under the Future Land
Use Map and that it is more appropriate for the property based upon
circumstances particular to the site and/or neighborhood.
(3) Procedure. A zoning petition shall be processed through the following sequence:
(a) Receipt and certification as complete;
(b) Consideration at a public hearing before the Planning and Zoning Board;
(c) Forwarding of a recommendation for approval to the City Commission and
consideration at first reading of the enacting ordinance;
(d) Public hearing before the City Commission and adoption or rejection at second
reading.
(4) Conditions. A zoning action may be conditioned in such a way to limit the intensity of
development when such a limitation is necessary in order to provide for concurrency or
to mitigate against the violation of an adopted level of service standard.
(5) Findings. In addition to provisions of Chapter Three, the City Commission must make
a finding that the rezoning fulfills at least one of the reasons listed under Subsection
(2).
(6) Limitations of rezonings. Whenever the City Commission has denied an application
for a change in zoning designation of property, the City Commission shall not
thereafter:
(a) Consider any further application for the same zoning change on any part or all of
the same property for a period of 12 months from the date of such action;
(b) Consider an application for any other kind of zoning on any part or all of the same
property for a period of six months from the date of such action.
The time limits stated above may be waived by three affirmative votes of the City
Commission when such action is found and deemed necessary to prevent injustice or to facilitate
the proper development of the City (173.887). Further, the above limitations shall not apply to a
petition which expires during processing or denied in a manner deemed as "without prejudice"
(E) Establishment of a conditional use.
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(1) Rule. The City Commission, by motion, after review and recommendation for approval
by the Planning and Zoning Board may approve or reject a request for a conditional
use.
(2) Required information. Standard application items pursuant to 2.4.3(A) shall be
provided. In addition, if establishment of the use requires new improvements on a site
or substantial changes to existing improvements, a sketch plan showing the extent of
those improvements shall be provided. At its discretion, the Planning and Zoning
Board may require submission of a site plan prepared pursuant to Section 2.4.3(B). At
the applicant's discretion, a simultaneous site plan application and conditional use
application may be filed.
(3) Procedure. A conditional use request shall be processed through the following
sequence:
(a) Receipt and certification as complete;
(b) Consideration at a public hearing before the Planning and Zoning Board;
(c) Forwarding of a recommendation to the City Commission;
(d) Action by motion of the City Commission to either approve, approve subject to
conditions, or deny.
(4) Conditions. Conditions may be imposed pursuant to Section 2.4.4(C). In addition,
limitations on the hours of operation and/or the longevity of the use may be imposed.
(5) Findings. In addition to provisions of Chapter 3, the City Commission must make
findings that establishing the conditional use will not:
(a) Have a significantly detrimental effect upon the stability of the neighborhood
within which it will be located;
(b) Hinder development or redevelopment of nearby properties.
(6) Abandonment of a conditional use. When a conditional use is discontinued or
abandoned for a continuous period of 180 days, or an intervening use is established,
the conditional use may not be reestablished without a new application for said
conditional use being filed, reviewed, and approved pursuant to this Subsection (E).
(7) Modification of a conditional use approval. An approved Conditional Use may be
modified. If the modification involves only the implementation or compliance with
conditions of approval, the modification may be approved by the Director. If the
modification involves intensity of use or hours of operation, the modification must be
approved by The Planning and Zoning Board. If the Board finds that the requested
modification is significant, then the modification must be heard as a new Conditional
Use application. Any request for a modification may be denied.
(F) Site and Master Development Plans (MDP). [Amd. Ord. 50-97 11/18/97] (Ord. No. 24-18,
§ 4, 11-27-18)
(1) Rule. Site plans are divided into five classifications. Class I—Class IV are
modifications to site plans which include exterior site or building improvements and
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additions, as further described in Section 2.4.5(G). A Class V Site Plan is an
application for new development of vacant land, or modification of a property
originally developed as a single-family residence or duplex and which requires full
review of Performance Standards found in Section 3.1.1. A 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 a permitted use where no exterior site improvements are required. [Amd.
Ord. 50-97 11/18/97] (Ord. No. 24-18, § 4, 11-27-18)
(2) Required information. The following information must be presented in a site and
development plan or a Master Development Plan (MDP) submittal: [Amd. Ord. 50-97
11/18/97] (Ord. No. 24-18, § 4, 11-27-18)
(a) Standard Application Items pursuant to Section 2.4.3(A); (Ord. No. 24-18, § 4,
11-27-18)
(b) Standard Site Plan Items pursuant to Section 2.4.3(B); (Ord. No. 24-18, § 4, 11-
27-18)
(c) Standard Landscaping Plan Items pursuant to Section 2.4.3(C); [Amd. Ord. 50-97
11/18/97] (Ord. No. 24-18, § 4, 11-27-18)
(d) Preliminary Engineering Plans pursuant to Section 2.4.3(D); (Ord. No. 24-18, § 4,
11-27-18)
(e) Traffic Statement, Study, Report pursuant to Section 2.4.3(E); and, (Ord. No. 24-
18, § 4, 11-27-18)
(f) Standard Architectural Elevation Items pursuant to Section 2.4.3(G); [Amd. Ord.
50-97 11/18/97] (Ord. No. 24-18, § 4, 11-27-18)
(3) Procedure. A Class V site plan or Master Development Plan application shall be
processed through the following sequence: (Ord. No. 24-18, § 4, 11-27-18)
(a) Receipt and certification as complete; (Ord. No. 24-18, § 4, 11-27-18)
(b) Administrative review for technical compliance; (Ord. No. 24-18, § 4, 11-27-18)
(c) Consideration 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. (Ord. No. 24-18, § 4, 11-27-18)
(d) For Class V site plan applications that include a request under the CBD's
Incentive Program (see Section 4.4.13(H)): 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. [Amd. Ord. 03-15 02/24/2015] (Ord.
No. 24-18, § 4, 11-27-18)
(e) Certification by the Director, or designee, of final approved plans. (Ord. No. 24-
18, § 4, 11-27-18)
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(4) Conditions. Conditions may be imposed by the appropriate Board for Class V site
plans and Master Development Plans pursuant to Section 2.4.4(C). (Ord. No. 24-18, §
4, 11-27-18)
(5) Findings. In addition to provisions of Chapter 3, the approving body must make a
finding that development of the property 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. (Ord.
No. 24-18, § 4, 11-27-18)
(6) Master Development Plans, Special Provisions. (Ord. No. 24-18, § 4, 11-27-18)
(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), (H), and (I) with approval authority of the
Site Plan Review and Appearance Board. [Amd. Ord. 23-09 5/19/09]; [Amd. Ord.
50-97 11/18/97] (Ord. No. 24-18, § 4, 11-27-18)
(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. [Amd. Ord. 23-09
5/19/09] (Ord. No. 24-18, § 4, 11-27-18)
(c) Variances and waivers to the requirements of base district standards and
supplemental district regulations, 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. (Ord. No. 24-18, § 4, 11-27-18)
(d) Upon approval of a MDP, the approved 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 every respect with the MDP except as it maybe
officially modified pursuant to Section 2.4.5(G). (Ord. No. 24-18, § 4, 11-27-18)
(G) Modifications to site plans and Master Development Plans. (Ord. No. 24-18, § 5, 11-27-
18)
(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 modifications to such
plans shall be classified as follows: [Amd. Ord. 50-97 11/18/97] (Ord. No. 24-18, § 5,
11-27-18)
(a) Zoning Certificate of Use and Occupancy. Approval of a change of use for
permitted uses which do not require any exterior site improvements or
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modifications as required for a Class I to IV; these certificates do not require
Board action. (Ord. No. 24-18, § 5, 11-27-18)
(b) Class I. Approval of items listed in Section 2.4.5(I)(1) such as but not limited to:
walls, fences, slabs, dumpster enclosures, sheds, etc. which do not require Board
action; and changes in architectural elevations which require Board action. [Amd.
Ord. 50-97 11/18/97] (Ord. No. 24-18, § 5, 11-27-18)
(c) Class II. 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. [Amd. Ord. 50-97 11/18/97] (Ord. No. 24-18, §
5, 11-27-18)
(d) 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. [Amd. Ord. 50-97 11/18/97] (Ord. No. 24-18, § 5, 11-27-18)
(e) 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. [Amd. Ord. 50-97 11/18/97] (Ord.
No. 24-18, § 5, 11-27-18)
(2) Required information. The following information, along with the appropriate
application, must be presented for the following: (Ord. No. 24-18, § 5, 11-27-18)
(a) Zoning Certificate of Use and Occupancy. Completed application along with a
site survey, an exhibit showing the business floor plan, any additional
documentation requested by the Planning and Zoning Division based upon the
proposed use, and the application fee set by Resolution of the City Commission.
(Ord. No. 24-18, § 5, 11-27-18)
(b) Class I and II. 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. [Amd. Ord. 50-97 11/18/97] (Ord. No. 24-18, § 5,
11-27-18)
(c) 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. [Amd. Ord. 50-97 11/18/97] (Ord. No. 24-18, § 5, 11-27-18)
(3) Procedure. A certificate of use and occupancy or site and development plan
modifications shall be processed as follows: [Amd. Ord. 50-97 11/18/97] (Ord. No. 24-
18, § 5, 11-27-18)
(a) Zoning Certificate of Use and Occupancy. 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
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Enforcement Division; and, action by the Director, or designee, prior to
application for a Business Tax Receipt. (Ord. No. 24-18, § 5, 11-27-18)
(b) Class I and II. Receipt and acceptance of the submittal, administrative review,
and action by the Director, or designee, or appropriate Board if applicable. [Amd.
Ord. 50-97 11/18/97] (Ord. No. 24-18, § 5, 11-27-18)
(c) Class III and IV. Receipt and acceptance of the submittal and action by the
appropriate Board. [Amd. Ord. 50-97 11/18/97] (Ord. No. 24-18, § 5, 11-27-18)
(4) Conditions. Conditions may be imposed by the Director, or designee, or appropriate
Board for Zoning Certificates of Use and Occupancy or Class I-IV site plan
modifications pursuant to Section 2.4.4(C). (Ord. No. 24-18, § 5, 11-27-18)
(5) Findings. Formal findings are not required for a Class I or II modification. Class IV
modification is subject to the same findings required of a new submittal. [Amd. Ord.
50-97 11/18/97] (Ord. No. 24-18, § 5, 11-27-18)
(H) Landscaping plans.
(1) Rules.
(a) The Site Plan Review and Appearance Board or the Historic Preservation Board,
as appropriate, may approve, approve subject to conditions or deny a landscape
plan for other than single family residences and duplexes.
(b) The Chief Building Official, or his designee, shall approve, approve subject to
conditions, or deny a landscape plan which applies to lot by lot single family
construction.
(2) Required information. The following information is required for consideration of a
landscape plan:
(a) Standard Submittal Items pursuant to 2.4.3(A).
(b) Landscape Plan Items pursuant to 2.4.3(C).
(c) Single family residence or duplex plans shall be sufficiently detailed to address
the minimum landscape requirements, but are not required to comply with (a) and
(b).
(3) Procedure. A landscape plan required for a single family residence is specifically
exempt from review by the Site Plan Review and Appearance Board. A landscape plan
for other than single family residences shall be processed through the following
sequence:
(a) Receipt and certification of the application as complete;
(b) Consideration at a public meeting before the Site Plan Review and Appearance
Board or the Historic Preservation Board at which time action may be taken;
For any site plan which is to be acted on, a preliminary landscaping plan may
accompany the site plan. Comments made at that time would be addressed in the
preparation of a landscape plan pursuant to 2.4.3(C).
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For any site plan which falls under the purview of the Planning and Zoning Board, the
applicant may appear before the Site Plan Review and Appearance Board with the
approved site and development plan and seek direction as to compliance with the
landscaping criteria of the Board prior to preparing and submitting a landscape plan
pursuant to 2.4.3(C).
(4) Conditions. Conditions may be imposed pursuant to Section 2.4.4(C).
(5) Findings. At the time of action on a landscape plan, the approving body shall make
finding with respect to the proposed plan's relationship to the following:
(a) Objectives of landscaping regulations Section 4.6.16;
(d) Site and landscape design standards pursuant to Section 4.6.16;
An overall determination of consistency with respect to the above items is required in
order for a landscaping plan to be approved.
(I) Architectural (appearance) elevations.
(1) Rules.
(a) The Site Plan Review and Appearance Board or the Historic Preservation Board,
as appropriate, may approve, approve subject to conditions or deny architectural
elevations or plans for a change in the exterior color of a building or structure, or
for any exterior feature which requires a building permit. Exception to this rule
include single family residences, which are not a part of a planned residential
community; or for any development within the single family zoning districts; or
for items maintained on a list of exempted items promulgated by the Director.
[Amd. Ord. 27-93 4/13/93]
(b) The Chief Building Official, or his designee, is hereby delegated the authority to
approve, approve subject to conditions, or deny any building permit for the
following items which would otherwise be subject to (1)(a), above, other than
when such items are associated with initial approval of a development proposal
subject to site and development plan action:
• Features and exterior color changes which are not significantly visible from
the public street system, facade changes which do not significantly alter the
style or image of a structure, fences, walls, sheds, gazebos, flagpoles, screen
enclosures, changes of roof material, changes of roof color, public
enclosures, site lighting, awnings, canopies, construction trailers, decks,
handrails (balcony railings), permanent hurricane shutters, changes in
exterior wall openings to accommodate or alter overhead garage doors,
doors, windows, dumpster enclosures, and attendant lot landscaping. [Amd.
Ord. 27-93 4/13/93, Amd. Ord. 2-91 1/29/91]
(2) Required information. The following information is required for consideration of an
architectural plan which goes before a Board for approval:
(a) Standard Submittal Items pursuant to 2.4.3(A);
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(b) Architectural Items pursuant to 2.4.3(G). Other items which require review and
action by the Chief Building Official, or his designee, shall be as required by that
office.
(3) Procedure. An architectural plan submission which must go before a Board shall be
processed through the following sequence:
(a) Receipt and certification as complete;
(b) Consideration at a public meeting before the Board at which time action may be
taken.
For any site plan which is to be acted on by a Board, preliminary architectural plans
may accompany the site plan in lieu of formal drawings. Comments made at that time
would be addressed in the preparation of a formal submittal pursuant to Section
2.4.3(G).
For other situations in which architectural control is exercised by the Chief Building
Official, appropriate action shall be taken concurrently with the processing of the
associated building permit.
(4) Conditions. Conditions may be imposed pursuant to Section 2.4.4(C).
(5) Findings. At the time of action on architectural elevations the approving Board shall
make findings with respect to the objectives and standards as contained in the
architectural regulations, Section 4.6.18.
An overall determination of consistency with respect to the above is required in order
for an architectural plan to be approved.
(J) Major subdivision (platting).
(1) Rule. The major subdivision process shall involve both the Planning and Zoning Board
and the City Commission. Action on a preliminary plat shall rest with the Planning and
Zoning Board. The City Commission shall be the final authority in the subdivision
review process. The City Commission may approve or deny a final plat.
(2) Required information. The following information must be presented in a subdivision
(plating) submittal:
(a) Preliminary plat.
• Standard Application Items pursuant to Section 2.4.3(A);
• Standard Preliminary Plat pursuant to Section 2.4.3 (H);
• Preliminary Engineering Plans pursuant to Section 2.4.3(D);
• Traffic Statement, Study, Report pursuant to Section 2.4.3(E).
(b) Final plat.
• Standard Application Items pursuant to Section 2.4.3(A);
• Standard Final Plat Items pursuant to Section 2.4.3(H);
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• Final Engineering Plans pursuant to Section 2.4.3(F);
• Receipted copies of applications for all permits required for water, sewer,
drainage, and public street improvements which must be permitted by
agencies other than the City;
• Preliminary cost estimates for the construction of public improvements.
(3) Procedure. A major subdivision plat shall be processed through the following
sequence:
(a) Preliminary plat.
• Receipt and certification as complete;
• Consideration at a public meeting before the Planning and Zoning Board at
which time action may be taken.
(b) Final plat.
• Receipt and certification as complete;
• Consideration by the Planning and Zoning Board for the purpose of
certifying that the final plat is in compliance with the approved preliminary
plat;
• Consideration by the City Commission at which time the final plat may be
approved or denied;
• Upon receipt of the financial guarantee required to assure installation of
public improvements, the Mayor shall execute the plat on behalf of the City;
• After execution by the City, the plat shall be recorded pursuant to procedures
as set forth by the City Clerk.
(4) Conditions.
(a) Conditions may be imposed pursuant to Section 2.4.4(C) on a preliminary plat.
(b) A final plat may receive a conditional certification by the Planning and Zoning
Board but said conditions shall apply only to items which cannot be immediately
obtained from other agencies by the applicant. Otherwise, a final plat shall be in
final form and ready for execution when forwarded to the City Commission.
(c) A final plat shall not be approved subject to conditions.
(5) Findings. The Planning and Zoning Board must make findings pursuant to Chapter 3
on a preliminary plat. The City Commission must make a finding that the Final Plat is
consistent with the findings associated with the preliminary plat.
(K) Minor subdivision (boundary plat, lot split).
(1) Rule. The platting of a minor subdivision shall involve only the City Commission. The
City Commission shall be the final authority in this subdivision process. The City
Commission may approve or deny the final plat.
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(2) Required information. The following information must be presented for a minor
subdivision submittal:
• Standard Application Items pursuant to Section 2.4.3(A);
• Standard Final Plat Items pursuant to Section 2.4.3(H);
• Final Engineering Plans pursuant to Section 2.4.3(F);
• Receipted copies of applications for all permits required for water, sewer,
drainage, and public street improvements which must be permitted by
agencies other than the City;
• Preliminary cost estimates for the construction of public improvements.
(3) Procedure. A minor subdivision plat shall consist of only a final plat which shall be
processed through the following sequence:
• Receipt and certification as complete;
• Consideration by the City Commission at which time the final plat may be
approved or denied;
• Upon receipt of the financial guarantee required to assure installation of
public improvements, the Mayor shall execute the plat on behalf of the City;
• After execution by the City, the plat shall be recorded pursuant to procedures
as set forth by the City Clerk.
(4) Conditions. A final plat for a minor subdivision shall not be approved subject to
conditions.
(5) Findings. No specific findings are necessary for the approval of a final plat for a minor
subdivision except that when it is a boundary plat for a single parcel which is to be
developed pursuant to an approved site and development plan, a finding must be made
by the City Commission that the final plat is consistent with the findings made upon
approval of the site and development plan.
(L) Vacation of recorded plats. [Amd. Ord. 46-95 9/5/95]
(1) Rules.
(a) Vacation. A plat, or any part of, a plat may be vacated by the owner of the land at
any time prior to the sale of any lot therein provided that the vacating is approved
by the City Commission. When lots have been sold, a plat may be vacated only if
all the property owners join in written execution of such in writing. [Amd. Ord.
46-95 9/5/95]
(2) Required information. The following information must be submitted in order to vacate
a recorded plat:
• Proof of ownership pursuant to Section 2.4.3(A)(3);
• A certified copy of the plat which is to be vacated; [Amd. Ord. 46-95 9/5/95]
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• A petition, by letter, stating the action which is sought and the basis
therefore;
• The legal instrument which is to effectuate the vacation. [Amd. Ord. 46-95
9/5/95]
(3) Procedures. A request for vacation of a recorded plat shall be accomplished in the
following manner:
(a) Submission of required information received and certified as being complete;
(b) Review by the Planning and Zoning Board with respect to appropriateness of the
proposed action and its implications on the publics rights in any of its public uses,
improvements, streets, etc.; [Amd. Ord. 46-95 9/5/95]
(c) Review of the proposed legal instrument which will affect the vacation with
respect to form by the City Attorney; [Amd. Ord. 46-95 9/5/95]
(d) Consideration by the City Commission at which time the request may be approved
or denied;
(e) Recording of the legal instrument pursuant to procedures as set forth by the City
Clerk. [Amd. Ord. 46-95 9/5/95]
(4) Conditions. A vacation instrument may not be conditionally approved; however, said
instrument may contain provisions which require the applicant to mitigate adverse
impacts associated with the vacation. [Amd. Ord. 46-95 9/5/95]
(5) Findings. Prior to approving a vacation of a recorded plat, the City Commission must
find that the abandonment of any affected public interest which had been created by the
plat or any public improvement which was to have been provided in implementation of
the plat, but which would not now be required, shall not have a significantly adverse
impact upon the City's ability to obtain, retain, or maintain public facilities or tests of
concurrency. [Amd. Ord. 46-95 9/5/95]
(M) Amendment to the Land Development Regulations. [Amd. Ord. 50-97 11/18/97]
(1) Rule. Amendments to the LDR may be initiated by the City Commission, Planning and
Zoning Board, City Administration, or by a member of the public. Members of the
public may request an amendment pursuant to the following procedures: [Amd. Ord.
78-04 1/18/05]; [Amd. Ord. 50-97 11/18/97] (Ord. No. 25-21, § 4, 8-10-21)
(a) At least one member of the City Commission shall sponsor the proposed
amendment at a public meeting in order to present the request at a City
Commission Workshop for consideration. (Ord. No. 25-21, § 4, 8-10-21; Ord. No.
04-23, § 3, 3-6-23)
(b) At the workshop meeting, at least three Commissioners must support the request.
(Ord. No. 04-23, § 3, 3-6-23)
(c) Applications for a privately initiated amendment shall only be accepted by the
Development Services Department after consideration and support at a City
Commission Workshop and must be submitted within 90 days of the City
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Commission Workshop where the amendment was sponsored. (Ord. No. 25-21, §
4, 8-10-21; Ord. No. 04-23, § 3, 3-6-23)
(d) Requests shall not significantly deviate from the amendment considered by the
City Commission at the Workshop by including additional unrelated amendments
or development standards, proposing higher density or intensity, adding uses that
were not discussed or understood to be part of the initial request, etc. (Ord. No.
25-21, § 4, 8-10-21; Ord. No. 04-23, § 3, 3-6-23)
(2) Required information. The following information must be submitted for an
amendment to the LDR: [Amd. Ord. 50-97 11/18/97] (Ord. No. 25-21, § 4, 8-10-21)
(a) Submission of an application; and [Amd. Ord. 78-04 1/18/05]; [Amd. Ord. 50-97
11/18/97] (Ord. No. 25-21, § 4, 8-10-21)
(b) A draft of the proposed ordinance, submitted in both hardcopy and electronic
format approved by the City that includes the appropriate whereas clauses and
amendments, such as but not limited to text with deletions shown by strikethrough
and additions shown by underline, graphics, maps, or other information; and
[Amd. Ord. 78-04 1/18/05]; [Amd. Ord. 50-97 11/18/97] (Ord. No. 25-21, § 4, 8-
10-21)
(c) An analysis of the amendment and its potential impacts or benefits, including
supporting documentation such as exhibits, graphs, similar regulations from other
municipalities, etc.; and [Amd. Ord. 78-04 1/18/05]; [Amd. Ord. 50-97 11/18/97]
(Ord. No. 25-21, § 4, 8-10-21)
(d) Submission of the processing fee pursuant to LDR Section 2.4.3(K). [Amd. Ord.
78-04 1/18/05]; [Amd. Ord. 50-97 11/18/97] (Ord. No. 25-21, § 4, 8-10-21)
(3) Procedure. An amendment to the LDR shall be processed through the following
sequence: [Amd. Ord. 50-97 11/18/97] (Ord. No. 04-23, § 3, 3-6-23)
(a) Receipt and certification as complete; [Amd. Ord. 50-97 11/18/97]
(b) Consideration at a public hearing before the Planning and Zoning Board; [Amd.
Ord. 50-97 11/18/97]
(c) Forwarding of a recommendation to the City Commission and consideration at
first reading of the enacting ordinance; [Amd. Ord. 78-04 1/18/05]; [Amd. Ord.
50-97 11/18/97]
(d) Public hearing before the City Commission and adoption or rejection at second
reading. [Amd. Ord. 50-97 11/18/97]
(4) Conditions. The proposed text, graphics, maps, or other information for the
amendment to the LDR may be revised by the Planning and Zoning Board or the City
Commission. [Amd. Ord. 50-97 11/18/97] (Ord. No. 25-21, § 4, 8-10-21)
(5) Findings. In addition to the provisions of Section 1.1.6(A), the City Commission must
make a finding that the text amendment is consistent with the Comprehensive Plan.
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[Amd. Ord. 78-04 1/18/05]; [Amd. Ord. 50-97 11/18/97] (Ord. No. 25-21, § 4, 8-10-
21)
(6) Limitations of amendments. Except for City initiated amendments, whenever the City
Commission has denied an application for an amendment to the LDR, the City
Commission shall not thereafter consider any further application for the same type of
individually initiated amendment for a period of 12 months from the date of such
action. [Amd. Ord. 78-04 1/18/05]; [Amd. Ord. 50-97 11/18/97] (Ord. No. 25-21, § 4,
8-10-21)
(a) The time limit stated above may be waived by three affirmative votes of the City
Commission when such action is found and deemed necessary to prevent injustice
or to facilitate the proper development of the City. (Ord. No. 25-21, § 4, 8-10-21)
(b) The above limitation shall not apply to a petition that expires during processing or
denied in a manner deemed as "without prejudice." (Ord. No. 25-21, § 4, 8-10-21)
(N) Determination of similarity of use. [Amd. Ord. 50-97 11/18/97]
(1) Rule. A determination of Similarity of Use shall be made only by the Planning and
Zoning Board. [Amd. Ord. 50-97 11/18/97]
(2) Required information. The appropriate processing fee along with a letter in which:
[Amd. Ord. 50-97 11/18/97]
(a) The requested use is identified and described; [Amd. Ord. 50-97 11/18/97]
(b) The appropriate zoning designation is identified; [Amd. Ord. 50-97 11/18/97]
(c) Rationale is provided as to why the use should be deemed similar to other uses
already allowed in the identified zoning district. [Amd. Ord. 50-97 11/18/97]
(3) Procedure. Upon receipt of the request, the Director shall cause it to be distributed to
the City Manager, the City Commission, and the Chief Building Official and advise
them of when the item will be before the Planning and Zoning Board. The request shall
be placed on the next available agenda of the Planning and Zoning Board at which time
action will be taken on it.
(4) Conditions. The imposition of conditions is not appropriate as this item is an
interpretation of the zoning code.
(5) Findings. Prior to approving a requested determination of similarity of use, the
Planning and Zoning Board must find that the requested use is, indeed, similar to other
uses so allowed in the zoning district and is in keeping with the stated purpose of the
district.
(O) In-Lieu of parking and public parking fee request. [New Subsection Enacted by Ord. 80-
06 1/2/07]
(1) Rule. An in-lieu of parking or public parking fee request must be approved by City
Commission with recommendations from the Parking Management Advisory Board
and other Boards as deemed appropriate.
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(2) Required information. The following information must be submitted for an In-Lieu of
Parking or Public Parking Fee request:
(a) Sketch Plan including current and proposed square footage.
(b) Scope of work (i.e. expansion of use, change of use, new construction, etc.).
(c) Application and appropriate fee.
(d) Current parking required and provided.
(e) Parking required and parking provided to facilitate proposal.
(f) For public parking fee requests: Adjacent rights-of-way and proposed parking to
be constructed.
(3) Procedure. Subject to Staff review and the provision of any additional information that
shall be required an in-lieu of parking or public parking fee request shall be processed
in the following manner:
(a) Receipt and certification is complete.
(b) Request must comply with Sections 4.6.9(E)(3) or 4.6.9(E)(4). [Amd. Ord. 21-11
8/2/11]
(c) Consideration by Parking Management Advisory Board and other Boards as
deemed appropriate.
(d) Approval by City Commission.
(4) Conditions. Conditions may be imposed pursuant to, but not limited to, Sections
4.6.9(E)(3) and/or 4.6.9(E)(4). [Amd. Ord. 21-11 8/2/11]
(5) Findings. The City Commission find that the request is consistent with the Land
Development Regulations, City Comprehensive Plan, and all currently adopted City
policies and/or studies. For In-lieu requests, an additional finding must be made that
adequate public parking options are available. For Public Parking Fee requests, an
additional finding must be made that adequate public parking will be available
pursuant to the requirements of Section 4.6.9(E)(4). [Amd. Ord. 21-11 8/2/11]
(P) Murals. (Ord. No. 22-20, § 5, 8-26-20)
(1) Rule. Murals may not be erected, hung, placed, posted, painted, displayed, or
maintained in the City except as authorized by the City through the issuance of a
"mural permit." A mural permit is a Board Order issued by the Public Art Advisory
Board or Historic Preservation Board. If a mural is appealed and acted on by the City
Commission, then the mural permit is in the form of a Resolution. The Board Order or
the Resolution shall contain the date of approval and vote and include the mural as an
attached exhibit. (Ord. No. 22-20, § 5, 8-26-20)
(2) Required information. A property owner or applicant shall complete and submit a
Mural application, application fee as set by Resolution of the City Commission, and
supportive documentation including a dimensioned elevation of the wall where the
mural is to be located showing: (Ord. No. 22-20, § 5, 8-26-20)
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(a) The height and width of the wall; (Ord. No. 22-20, § 5, 8-26-20)
(b) The location of any doors, windows, or architectural elements; (Ord. No. 22-20, §
5, 8-26-20)
(c) A depiction of the proposed artwork, including color; and (Ord. No. 22-20, § 5, 8-
26-20)
(d) Compliance with signage and commercial message restrictions imposed by this
section. (Ord. No. 22-20, § 5, 8-26-20)
(3) Procedure. Upon submission of a complete Mural application, the Public Art Advisory
Board and/or Historic Preservation Board shall review and evaluate the mural
application to determine conformity with Section 8.5.3, Murals, and any applicable
sections of the Florida Building Code. The Board shall act on the mural application at
the next available meeting. (Ord. No. 22-20, § 5, 8-26-20)
(4) Enforcement. Enforcement of this section shall be by Title 3, Chapter 37, of the City's
Code, or any other remedies as provided by law and as further stated herein. (Ord. No.
22-20, § 5, 8-26-20)
(a) A mural permitted by the City prior to the adoption of this section shall remain
valid, and the owner or artist is not required to re-apply for approval following the
adoption of Ordinance No. 22-20 on August 11, 2020. (Ord. No. 22-20, § 5, 8-26-
20)
(b) In the event that a mural is erected without permit, the applicant will be charged
three times the application fee. (Ord. No. 22-20, § 5, 8-26-20)
(c) In the event of a violation of the terms of this section, the City may employ all
penalties and remedies set forth in Title 3, Chapter 37, "Delray Beach Code
Enforcement," and in addition, may rescind any mural permits at the property
found to be in violation. This provision is supplemental to all other remedies and
penalties provided by law. If a permittee fails to timely remove any mural on a
property found to be in violation within 30 days of the decision being made final,
the city may enter onto the property and remove any mural on the property, and
may assess costs of such removal on the permittee. (Ord. No. 22-20, § 5, 8-26-20)
Sec. 2.4.6. Procedures for obtaining permits and approvals.
The following procedures shall be followed in obtaining various permits and approvals as
indicated by subsection headings.
(A) General. The following items must be complied with prior to the issuance of any
permits under this Section.
(1) License prerequisite. No permit for erection, construction, installation, or
maintenance of any structure, or component thereof, shall be issued unless the
person in control of the premises upon which the improvement is to be placed
shall have first procured from the City of Delray Beach an occupational license to
engage in the business associated with the permit. The fee for an occupational
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license will be collected and a temporary license issued in the event another
agency, such as the Health Department, has not finished final approvals.
(2) Permits issued to responsible party. All permits must be issued to a duly licensed
contractor, except that this shall not be construed to prevent an owner or lessee of
property from erecting certain items as contained within these regulations on his
own property.
(3) Payment of fees. No work which requires a permit shall be undertaken without its
associated fee being paid. The fees shall be paid as a part of the permit application
process. Where work is begun without a permit, the fees provided in Section
2.4.3(K) shall be tripled. The payment of such fee shall not relieve any persons
from fully complying with the requirements of these regulations nor from any
penalties which may be appropriate.
(4) Reinspection requirements. Permit fees include the cost of inspecting the work to
be done under a permit; however, if additional inspection trips are required, an
additional inspection fee [per Section 2.4.3(K)] shall be charged. For example,
and not in limitation of the foregoing, reasons necessitating additional inspection
fees include, but are not limited to the following:
(a) The work, or correction to previously inspected work, does not meet code
requirements
(b) An incorrect address is on the application by action of the applicant
(c) The work, or correction to previously inspected work, is not ready for
reinspection at the time specified in the application for inspection.
(B) Building permits. A building permit is required for all items as set forth in the 2001
Florida Building Code and Chapter 7 of these Land Development Regulations, as
amended. A building permit shall be sought via application through the Development
Services Department on an application form as promulgated by the Chief Building
Official. [Amd. Ord. 5-03 4/15/03] (Ord. No. 30-22, § 3, 11-1-22)
(1) Drawings and specifications. [Amd. Ord. 5-03 4/15/03]
(a) All drawings and specifications shall bear the appropriate seal of engineer or
architect as required by State Statute Chapter 471 for engineers and State
Statute Chapter 481 for architects and Chapter 553 for threshold buildings.
[Amd. Ord. 5-03 4/15/03]
(b) Green building certification documents, if required by Section 7.11.1. (Ord.
No. 30-22, § 3, 11-1-22)
(2) Plot diagram. [Amd. Ord. 5-03 4/15/03]
(a) Before a building permit shall be issued, the building department shall be
supplied with the following: [Amd. Ord. 5-03 4/15/03]
(i) Drawings to scale showing the location of the proposed building or
structure and existing building or structure on the site or lot.
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Building permit applicants for developments having had either
conditional use or site and development plan approval shall submit
two copies of the approved site plan. [Amd. Ord. 5-03 4/15/03]
(ii) A certified sketch prepared by a Florida registered land surveyor or
a Florida registered engineer, showing the boundary line survey of
said lot or site and existing building and/or structure, if any. [Amd.
Ord. 5-03 4/15/03]
(3) Permits. [Amd. Ord. 5-03 4/15/03]
(a) Work to be done by either a general contractor, residential contractor or
building contractor as appropriate, holding a current Florida State
registration or certification and registered with the City of Delray Beach,
Florida. Nothing hereby shall prohibit homeowners from doing this work in
accordance with Section 7.1.1. [Amd. Ord. 5-03 4/15/03]
(4) Conditions of the permit. [Amd. Ord. 5-03 4/15/03]
(a) The Building Official shall act upon an application for a permit with plans as
filed, or as amended, without unreasonable or unnecessary delay. A permit
issued shall be construed to be a license to proceed with the work and shall
not be construed as authority to violate, cancel, alter or set aside any of the
provisions of this code, nor shall such issuance of a permit prevent the
Building Official from thereafter requiring a correction of errors in plans or
in construction, or violations of this code. Any permit issued shall become
invalid (1) unless the work authorized shall have been commended within six
months after its issuance, or (2) if the work authorized by such permit is
suspended or abandoned for a period of six months after the time the work is
commenced. [Amd. Ord. 5-03 4/15/03]
(b) One or more extensions of time, for periods not exceeding 90 days each, may
be allowed in writing by the Chief Building Official, pursuant to LDR
Section 2.4.4(F). However, only one extension shall be allowed for any
permits issued for construction occurring in a single family district as set
forth in Subsection 4.4.3(A). All construction shall be completed within 18
months of issuance of the building permit; unless evidence is presented that a
shortage of materials or an Act of God has caused the delay in which case the
owner/contractor may request an extension of time, from the Chief Building
Official, not to exceed six months. In addition to the other penalties herein
provided, failure to complete construction within the time allotted or any
extension thereof shall result in a penalty equivalent to 100 percent of the
original building permit fee, which shall be paid prior to the granting of a
Certificate of Occupancy. [Amd. Ord. 30-06 7-11-06]; [Amd. Ord. 5-03
4/15/03]
(5) Schedule of permit fees. [Amd. Ord. 5-03 4/15/03]
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(a) On all buildings, structures, or alterations requiring a building permit, a fee
for each building permit shall be paid as required at the time of filing
application, in accordance with the schedule as established herein. [Amd.
Ord. 5-03 4/15/03]
(b) For new buildings, the value of construction for the purposes of calculating
permit fees shall be established by the Building Department from recognized
sources, such as the latest edition of the Means Cost Estimating Publications.
[Amd. Ord. 5-03 4/15/03]
(c) For additions, remodeling, or partial contracts, the Building Department will
accept signed contracts between the owner and contractor as evidence of
construction costs or in lieu thereof will determine costs using Means Cost
Estimating Publications. [Amd. Ord. 5-03 4/15/03]
(d) The permit fees to be charged shall be based upon the total cost of the work
being performed, including equipment, labor, and material costs required to
complete the work as illustrated by the permit drawings. [Amd. Ord. 5-03
4/15/03]
(C) Certificate of occupancy. A Certificate of Occupancy is required prior to the
establishment of use on any site or occupancy of a structure. An occupancy permit
shall be sought via application through the Building Department on an application
form as promulgated by the Chief Building Official. Prior to issuance of an occupancy
permit, the Chief Building Official shall certify that all conditions of approval affixed
to an associated development approval and provisions of the 2001 Florida Building
Code and Chapter 7 of the Land Development Regulations, as amended, are met. A
certificate of occupancy will not be issued for any building or structure or portion
thereof which fails to meet all applicable development standards and zoning
requirement. [Amd. Ord. 5-03 4/15/03]
A conditional Certificate of Occupancy may be issued when all conditions of
development or permit approval are not met but the Chief Building Official has
assurance, to his satisfaction, that they will be met and that occupancy will not present
a danger to the public's health, safety, or general welfare. A failure to comply with
conditions as imposed by the Chief Building Official shall be cause for vacation of use
or the structure. [Amd. Ord. 5-03 4/15/03]
Subsections (D) Permits for Individual Signs and (E) Permits for Master Sign
Programs deleted in their entirety and Relettered. [Amd. Ord. 14-04 6/22/04];
(D) Site clearing permit.
(1) Rule. It shall be unlawful for any person, without first obtaining a permit, to clear
real property of shrub vegetation.
(2) Required information. An application form, and attendant fee, shall be completed
and delivered to the Chief Building Official, or his designee. The application form
shall be as promulgated by the Chief Building Official.
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(3) Procedure. Upon acceptance of the application, the Chief Building Official shall
cause the site to be visited and a report made which provides the status of trees in
excess of two inches in diameter at four and one-half feet above the ground. The
report shall identify what measures must be taken with respect to tree protection
and removal (4.6.19) and erosion control (4.6.17).
(4) Issuance of permit. Upon acceptance of the report by the Chief Building Official,
a permit shall be issued. The permit shall require compliance with the report, a
copy of which shall be provided with the permit. The permit shall be valid for a
period of 180 days.
(E) Tree removal permit. [This Section repealed in its entirety by Ord 37-06 9/19/06]
(F) Temporary use permit. A temporary use shall be required for any of the uses listed
below. The granting authority of each use is as shown.
1. Circuses or Carnivals — City Commission
2. Uses under a Tent — City Commission or Chief Building Official [Amd. Ord. 41-
11 11/15/11]
3. Sales Offices and Models at a Residential Development Site — Chief Building
Official
4. Construction Trailers and Compounds — Chief Building Official
5. City Operated Facilities — City Commission [Amd. Ord. 75-91 11/19/91]
6. Seasonal Farmer's Market — City Commission [Amd. Ord. 45-96 10/15/96]
7. Temporary Parking Lots — City Commission [Amd. Ord. 13-98 3/17/98]
8. Horse Drawn Carriage Rides, Ice Skating Rink, Carousel, and Other Related
Holiday, Seasonal/Temporary Uses - City Commission [Amd. Ord. 41-03
11/4/03]
(1) Rule. No temporary use shall be allowed except as provided in this Subsection (H)
or as otherwise provided for in these regulations.
(2) Required information. A request for a temporary use shall be made via letter to the
granting authority. The letter shall contain the following information, as applicable to
the use being requested.
(a) Name of petitioner;
(b) Name of property owner and consent therefrom;
(c) Location of site;
(d) Purpose, activity to be conducted;
(e) Period of use;
(f) Proof of ability to connect temporary electric services (see Article 7.2);
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(g) Proof of ability to provide toilet facilities for both men and women on the
premises, subject to approval of the County Health Department;
(h) How foodstuffs are to be handled; In addition, for circuses and carnivals, the
following is required:
(i) The nature of the advertising or promotion activity to be conducted for the
circus or carnival;
(j) Proof of whether or not the applicant, or the individual identified as having
the management authority or supervision of the circus or carnival, has been
convicted of any crime or misdemeanor and, if so, the nature of each offense
and the penalty assessed for each offense;
(k) If specifically required, copies of all printed advertising proposed to be used
in promoting the use;
(l) If specifically required, credentials from the person, if any, for which the
applicant proposes to do business, authorizing the applicant to act as such
representative.
(3) Regulations and restrictions.
(a) Uses under a tent.
1. The use of a tent, or tents, shall only be as follows: [Amd. Ord. 45-
96 10/15/96]
a. The sale of seasonal items which, when protected from the
sun, provides for a less hazardous product for public use (i.e.
Christmas tree sales); [Amd. Ord. 45-96 10/15/96]
b. Assembly occupancies to protect the public from the
elements. Tents for these uses can be approved for up to three
days by the Chief Building Official Requests for more than
three days up to a maximum of seven days requires City
Commission approval. [Amd. Ord. 41-11 11/15/11]; [Amd.
Ord. 45-96 10/15/96]
c. The use of tents for retail sales or other commercial use is
prohibited, except as otherwise permitted in this section.
[Amd. Ord. 45-96 10/15/96]
2. The tent and site shall comply with the following: [Amd. Ord. 45-
96 10/15/96]
a. The tent shall be approved by the Fire Marshall for fire
resistance. [Amd. Ord. 45-96 10/15/96]
b. Adequate fire protection equipment, in a type and capacity as
approved by the Fire Marshall, shall be provided on the
premises at all times. [Amd. Ord. 45-96 10/15/96]
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c. Payment of a permit fee [2.4.3(K)] and a deposit of $50.00
which shall be returned upon determination by the Chief
Building Official that all debris resulting from the use has
been removed from the site. [Amd. Ord. 45-96 10/15/96]
d. Obtaining of permits for electrical and health and sanitation
facilities, as applicable. [Amd. Ord. 45-96 10/15/96]
(b) Circuses and carnivals.
1. An investigation of the applicant's business reputation shall be
conducted by the City and the request shall not be approved if such
investigation discloses tangible evidence that the conduct of the
circus or carnival would pose a substantial threat to the public
health, safety, morals, or general welfare. [Amd. Ord. 45-96
10/15/96]
2. Permits for electrical and health and sanitation facilities, as
applicable, shall be obtained. [Amd. Ord. 45-96 10/15/96]
(c) Seasonal farmer's market. [Amd. Ord. 45-96 10/15/96]
1. A farmer's market may be permitted within that portion of the
City's Transportation Concurrency Exception Area that is west of
the Intracoastal Waterway, for the purposes of downtown
revitalization, subject to the following restrictions: [Amd. Ord. 45-
96 10/15/96]
a. The market must be sponsored by the Community
Redevelopment Agency, the Downtown Joint Venture, or
other agency which is formulated for the purposes of
economic development as approved by the City Commission.
[Amd. Ord. 45-96 10/15/96]
b. Operation of the market is to be limited to the growing season
(generally, November through May), but not more than one
day per week, unless specifically authorized by the City
Commission. The Commission shall establish the specific
days and hours of operation, as well as the duration of the
temporary use permit. [Amd. Ord. 45-96 10/15/96]
c. Products to be sold shall consist of agricultural produce,
plants and flowers; baked goods; and cheeses. The
Commission may also at its discretion approve the limited
sale of related products such as handmade crafts, prepared
foods, and promotional items bearing the name of the City
and the market. The sale of such additional items, if approved,
shall be limited to a specific number or percentage of the total
vendors. [Amd. Ord. 45-96 10/15/96]
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d. The Commission may approve the design elements of the
market (i.e. site layout, types of tents/booths to be erected,
etc.), or may defer such elements to the Site Plan Review and
Appearance Board (SPRAB) or the Historic Preservation
Board (HPB) as appropriate. All elements must comply with
applicable health, safety and fire codes. [Amd. Ord. 45-96
10/15/96]
e. Permits for electrical and health and sanitation facilities, as
applicable, shall be obtained. [Amd. Ord. 45-96 10/15/96]
(d) Horse drawn carriage rides, ice skating rink, carousel, and other related
holiday, seasonal/temporary uses. [Amd. Ord. 41-03 11/4/03]
1. The horse drawn carriage rides, ice skating rink, carousel, and
other related holiday, seasonal/temporary uses must be sponsored
by the City, Community Redevelopment Agency, the Downtown
Joint Venture, or other agency which is formulated for the
purposes of economic development as approved by the City
Commission. The owner/operator of the horse drawn carriage rides
must have a license agreement approved by the City Commission
prior to commencing the use. [Amd. Ord. 41-03 11/4/03]
2. In addition to the holiday, seasonal, and temporary uses referred to
in Section 2.4.6(H)(3)(d)(1) above, horse drawn carriage rides are
also permitted for certain special events under the terms and for the
times permitted in a license agreement. Horse drawn carriage
special event rides not governed by Section 2.4.6(H)(3)(d)(1)
above, are only permitted between 6:00 p.m. and 10:00 p.m. from
June 1 through November 1, except for weddings, which may also
occur between the hours of 8:00 a.m. and 12:00 noon from June 1
through November 1. [Amd. Ord. 49-04 11/16/04]
(e) Temporary parking lots. [Amd. Ord. 41-03 11/4/03]; [Amd. Ord. 13-98
3/17/98]
1. A temporary parking lot may be permitted within the following
areas: [Amd. Ord. 41-11 11/15/11]; [Amd. Ord. 13-98 3/17/98]
a. the portion of the Central Business District (CBD) and
Community Facilities (CF) District which is bounded by
Swinton Avenue on the west, the Intracoastal Waterway on
the east, N.E. 2nd Street on the north, and S.E. 2nd Street on the
south; [Amd. Ord. 13-98 3/17/98]
b. the portion of the CBD District which is bounded by N.E. 2nd
Avenue on the west, the FEC Railway on the east, N.E. 2nd
Street on the south, and N.E. 4th Street on the north; [Ord. No.
03-15 2/24/17] [Amd. Ord. 13-98 3/17/98]
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c. the portion of the CBD located east of the Intracoastal
Waterway; [Amd. Ord. 13-98 3/17/98]
d. the non-residential zoning districts bounded by Swinton
Avenue on the east, I-95 on the west, N.W. 1st Street on the
north, and S.W. 1st Street on the south. [Amd. Ord. 13-98
3/17/98]
2. Temporary parking lot spaces shall not be used to fulfill minimum
off-street parking requirements for new development or
redevelopment. Temporary lots may be used to supplement
required parking. [Amd. Ord. 13-98 3/17/98]
3. Prior to issuance of the temporary use permit, the applicant shall
submit a site plan which includes proposed grade elevations,
landscaping and other information which addresses the regular
maintenance of the parking surface and irrigation of the landscaped
areas. [Amd. Ord. 13-98 3/17/98]
4. The City Engineer shall approve the grading plan for the parking
lot. The site plan shall be reviewed and recommended for approval
by the Parking Management Advisory Board prior to submission to
the City Commission for consideration. [Amd. Ord. 13-98 3/17/98]
5. Permits for temporary parking lots shall be issued for a one-year
period. Permits may be renewed annually to a maximum of three
years upon review and positive recommendation by the Parking
Management Advisory Board. [Amd. Ord. 13-98 3/17/98]
6. The temporary parking lot shall be monitored for compliance with
the approved plan. Should the City Manager find that the operation
of a lot is not in compliance or if the lot has an adverse effect on
surrounding properties, and the applicant is unable or unwilling to
rectify the problem the permit may be reviewed by the City
Commission for possible revocation. [Amd. Ord. 13-98 3/17/98]
7. Within 30 days of expiration of the permit, all rock or gravel
surfaces shall either be removed or covered with top soil. The site
shall then be sodded or landscaped as determined acceptable by the
Planning and Zoning Department. [Amd. Ord. 13-98 3/17/98]
8. A temporary parking lot shall be constructed to the following
specifications: [Amd. Ord. 13-98 3/17/98]
a. The parking lot surface shall be brought to grade with a dust-
free surface of one of the following materials over soil which
has been compacted to 95 percent maximum density per
AASHTO T-180: [Amd. Ord. 41-11 11/15/11]; [Amd. Ord.
13-98 3/17/98]
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1. four inches of crushed limerock or shellrock coated with
a prime coat per FDOT "Standard Specifications for
Road and Bridge Construction", latest edition; [Amd.
Ord. 13-98 3/17/98]
2. four inches of pearock, gravel or river rock; or [Amd.
Ord. 13-98 3/17/98]
3. six inches of mulch. [Amd. Ord. 13-98 3/17/98]
b. If the lot is not operated on a 100 percent valet basis, wheel
stops shall be provided as a means to indicate individual
spaces. The size of the parking spaces, maneuvering areas and
aisle widths shall be subject to the standards of Section
4.6.9(D)(4). In addition, the parking lot shall meet the
requirements of the "Florida Accessibility Code for Building
Construction". [Amd. Ord. 13-98 3/17/98]
c. If the lot is operated on a 100 percent valet basis, then wheel
stops shall be provided at the edge of the parking surface.
[Amd. Ord. 13-98 3/17/98]
d. The lot shall meet the requirements of Section 4.6.9(D)(3) for
access to the street system. Driveway aprons between the
edge of pavement and the right-of-way line shall be
constructed of asphalt or concrete. [Amd. Ord. 13-98 3/17/98]
e. The parking lot perimeter shall be buffered with a minimum
three feet wide landscape strip, screened with a minimum two
feet high hedge or four feet high opaque fence. Water for
irrigation shall be available within 50 feet of all landscaped
areas. [Amd. Ord. 13-98 3/17/98]
f. If the parking lot is to be utilized at night, the applicant shall
contract with FPL to install supplementary lighting on
adjacent power poles where possible. The applicant may, as
an option, provide alternative on-site lighting for the parking
lot. [Amd. Ord. 13-98 3/17/98]
g. Trees of four inches or greater diameter at four and one-half
feet above the ground shall not be removed. [Amd. Ord. 13-
98 3/17/98]
(4) Procedures. Upon receipt of all required information, the granting authority shall
take the request under consideration and upon assurance that all applicable regulations
and requirements will be met, the authority shall issue a temporary use permit for a
period of time as specified in the permit.
(G) Permit to construct in a flood hazard area.
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(1) Rule. A permit to construct in a flood hazard area (see Chapter 10) must be issued
by the Chief Building Official. (Ord. No. 37-17 , § 5, 11-7-17)
(2) Required information. An application for a permit to construct in a flood hazard
area shall be made to the Chief Building Official on forms furnished by him.
(a) General data. Duplicative plans which are drawn to scale and which contain
the following data are required.
• Nature, location, boundary, and general elevations of the territory
under consideration;
• Existing and proposed structures;
• Fill areas, storage areas, drainage facilities;
• The elevation, in relation to mean sea level, of the lowest floor
(including basement) of all structures;
• Elevation, in relation to mean sea level, to which an nonresidential
structure has been flood-proofed;
• Certification from a registered professional engineer, or architect,
that the nonresidential flood-proofed structure meets the flood-
proofing criteria in Chapter 10; (Ord. No. 37-17 , § 6, 11-7-17)
• A description of the extent to which any water course will be
altered or relocated as a result of the proposed development.
(b) Construction stage of development. At appropriate stages of construction in
a flood hazard area, the following information must be provided as a part of
the flood permit requirements:
• The floor elevation for flood-proofing certification after the lowest
floor is complete, or in the instance where the structure is subject
to the regulations applicable to Coastal High Hazard Area, after
placement of the horizontal structure members of the lowest floor;
• The above elevation shall be prepared by, or under the direction of,
a registered land surveyor or professional engineer and certified by
same.
(3) Procedures.
(a) Pre-construction. The general data material may be provided as a part of a
site plan and/or preliminary engineering plans which are submitted as a part
of a site plan or plat submittal. However, a separate submission is required
when not so associated. A separate submission shall be processed concurrent
with review of the building permit application.
(b) Construction certification. Upon placement of the lowest floor, or flood-
proofing by whatever construction means, or upon placement of the
horizontal structural members of the lowest floor, whichever is applicable, it
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shall be the duty of the permit holder to submit to the Chief Building Official
a certification of the lowest floor, flood-proof elevation, or elevation of the
lowest portion of the horizontal structural member of the lower floor,
whichever is applicable, in relation to mean sea level. When flood-proofing
is certified for a particular building, said certification shall be prepared by, or
under, the direct supervision of a professional engineer and certified by
same. Any work undertaken prior to submission of the certification shall be
at the permit holder's risk. The Chief Building Official shall review the floor
elevation survey data submitted, and any discrepancies detected by said
review shall be corrected by the permit holder immediately and prior to
further progressive work being permitted to proceed. Failure to correct
deficiencies or to submit the survey shall be cause to issue a stop-work order.
(H) Certificate of appropriateness for individually designated historic structures and all
properties located within historic districts. [Amd. Ord. 38-07 2/05/08]
(1) Rule. A Certificate of Appropriateness shall be required for the following
activities which occur on a designated historic site, designated historic interiors,
or within designated historic districts:
Deleted (a) and relettered [Amd. Ord. 38-07 2/05/08]
(a) Any development application which is processed under these regulations for
which action is required by the Site Plan Review and Appearance Board or
the Board of Adjustment; and in such case, the Historic Preservation Board
shall act in-lieu of such Board.
(b) Any building, structure, appurtenance, improvement, or landscape feature,
which will be erected, altered, restored, renovated, excavated, relocated, or
demolished and which regards any exterior architectural features (and
interior architectural features in the case of designated historic interiors),
landscape features, or site improvements, except for those items specifically
exempted by a list promulgated by the Director.
(c) Any material change in existing walls, fences, sidewalks, hardscape features,
and changes of color. [Amd. Ord. 38-07 2/05/08]
A Certificate of Appropriateness is not required for general, occasional
maintenance of any historic building, interior, structure, or site, or any building or
structure within a historic district or in kind replacement of materials or colors.
General, occasional maintenance shall include, but not be limited to lawn and
landscaping care and minor repairs that restore or maintain the historic site or
current character of the building or structure. General, occasional maintenance
shall not include any of the activities described and defined in divisions (1)(a)
through (1)(c) of this Section. A Certificate of Appropriateness will not be
required for construction, reconstruction, restoration, renovation, or demolition
for any interior alteration (except for designated historic interiors). General,
occasional maintenance and repair shall also include any ordinary maintenance
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which does not require a building permit from the City. [Amd. Ord. 38-07
2/05/08]
(2) Required information.
(a) Application. When an item goes before the Historic Preservation Board or is
reviewed administratively and it is not associated with any land development
application, the following information in the form of photographs or plans
shall be provided, as applicable: [Amd. Ord. 38-07 2/05/08]
1. Site plan and/or survey;
2. Building elevations, and/or architectural drawings, and/or artistic
sketches or renderings;
3. Landscaping plan;
4. Floor plan(s);
5. Samples of building materials and color chips;
6. Engineering reports; [Amd. Ord. 38-07 2/05/08]
7. Demolition Plans; [Amd. Ord. 38-07 2/05/08]
8. Window and door schedule providing specifications, to include but
not be limited to, window type, material, configuration,
dimensions, and profile drawings; [Amd. Ord. 38-07 2/05/08]
9. Photographs of all existing elevations of the subject property,
labeled with cardinal direction and address; [Amd. Ord. 38-07
2/05/08]
10. Other materials as may be requested by the Planning and Zoning
Department or Historic Preservation Board. [Amd. Ord. 38-07
2/05/08]
Also, a standard COA application form, accompanied by payment of a processing
fee per Section 2.4.3(K), must be provided. [Amd. Ord. 38-07 2/05/08]
(b) Class I—Class V Site Plan applications. Applications for Class I- Class V
Site Plans shall be submitted in accordance with Section 2.4.3 in conjunction
with the applicable information required for a COA provided in (a), above.
[Amd. Ord. 38-07 2/05/08]
(3) Procedure.
(a) Applications reviewed by the Historic Preservation Board. An application
for a COA that requires Board approval, as provided in the COA approval
matrix set forth in the Delray Beach Historic Preservation Design Guidelines,
as amended from time to time, shall be scheduled for review and action at the
next available meeting of the Historic Preservation Board, at which time an
action of approval, denial, or approval of a modified application, continuance
with direction, or denial may be taken. The Historic Preservation Board shall
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apply applicable ordinances, Delray Beach Historic Preservation Design
Guidelines and the Secretary of the Interior's Standards for Rehabilitation.
[Amd. Ord. 38-07 2/05/08]
(b) Administratively-Reviewed Applications: An application for a COA which
does not require approval by the Historic Preservation Board as provided in
the COA approval matrix, as amended from time to time, set forth in the
Delray Beach Historic Preservation Design Guidelines may be approved
administratively in accordance with applicable ordinances, Historic
Preservation Design Guidelines, and the Secretary of the Interior's Standards
for Rehabilitation. [Amd. Ord. 38-07 2/05/08]
(4) Conditions. Conditions may be imposed pursuant to Section 2.4.4(C) and to
insure compliance with the Standards contained in Section 4.5.1.
(5) Findings. Prior to approval, a finding must be made that any Certificate of
Appropriateness which is to be approved is consistent with Historic Preservation
purposes pursuant to Objective HPE 1.4 of the Historic Preservation Element of
the adopted Comprehensive Plan and specifically with provisions of Section 4.5.1,
the Delray Beach Historic Preservation Design Guidelines, and the Secretary of
the Interior's Standards for Rehabilitation. [Amd. Ord. 38-07 2/05/08] (Ord. No.
23-20, § 8, 9-10-20)
(I) Acceptance of traffic statements and studies. Whenever a land use application will
add use area or establish a new use which will increase traffic at the site by 201 or
more trips per day (net ADT) is submitted, it shall be accompanied by a traffic study.
Exemptions from the need to provide a traffic study and the contents of a traffic
statement are found in Section 2.4.3(E). [Amd. Ord. 9-97 2/18/97]
(1) Rule. Whenever a traffic statement is required, it must be formally accepted by
the City Engineer. Whenever a traffic study is required, it must be formally
accepted by the City Engineer and forwarded to the County Traffic Division for
review.
(2) Required information.
(a) A traffic statement prepared pursuant to Section 2.4.3(E); or [Amd. Ord. 9-
97 2/18/97]
(b) A traffic study prepared pursuant to the Palm Beach County Traffic
Performance Standards Ordinance.
(3) Procedures.
(a) Statement. A traffic statement shall be submitted as a part of the
development application when the development generates 200 or less ADT
(Average Daily Trips). A traffic statement may be provided separately to the
City Engineer prior to submission of a full development application. [Amd.
Ord. 9-97 2/18/97]
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(b) Study. A traffic study, when needed, shall be submitted as a part of the
development application. Within ten days of its receipt, it shall be either
rejected or accepted by the City Engineer. If rejected, processing of the
development application may cease until an acceptable study is received.
If accepted, the City Engineer shall forward the traffic study along with his
comments and recommendations to the Palm Beach County Traffic Division
for further review, comment, and possible appeal pursuant to the Palm Beach
County Traffic Performance Standards Ordinance.
(4) Conditions. Conditions are not appropriate with respect to acceptance of a traffic
study; however, conditions of approval of the development application may be
established based upon the results of the traffic study. The conclusions of the
traffic study, as prepared by the applicant's consultant, may be modified by the
City Engineer and/or the Palm Beach County Traffic Division.
(J) Approval of drainage plans.
(1) Rule. Prior to approval of a plat, certification of a site plan, or issuance of a
building permit, as is appropriate, the City Engineer shall certify that the
associated drainage plan(s) is acceptable.
(2) Required information. The following information is required in order to certify
the acceptance of a drainage plan:
(a) A copy of the drainage plan prepared pursuant to Section 2.4.3(D) or
2.4.3(F), as appropriate, by a qualified individual, signed and sealed.
(b) A standard application prepared for the South Florida Water Management
District, the Lake Worth Drainage District, or the City of Delray Beach, as
appropriate.
(c) A permit issued by the South Florida Water Management District or the Lake
Worth Drainage District, as appropriate or a letter of exception from them.
(3) Procedures.
(a) Preliminary Plans and/or Small Scale Projects: Such drainage plans shall be
provided as a part of the development application and shall be processed as
are other portions of such submission. These plans do not need to be
certified.
(b) Final Drainage Plans: A final drainage plan which requires approval by
either South Florida Water Management District or the Lake Worth Drainage
District shall be submitted to them under separate application with a copy of
the submission, clearly noted as such, provided to the City prior to, or
concurrent with, a final plat or a request for certification of a site plan.
A project which does not require review and approval by the above entities
shall be submitted directly to the City Engineer for approval.
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(4) Findings. Prior to certifying any drainage plan, the City Engineer must find that
the drainage plan:
(a) Has been approved by the either South Florida Water Management District
or Lake Worth Drainage District, as appropriate and if necessary;
(b) Is in compliance with general engineering practice as exercised by the City
of Delray Beach; and,
(c) Is consistent with and compatible to the approved site plan, landscaping plan,
and/or associated plat.
(K) Approval of water and/or sewer plans.
(1) Rule. Prior to approval of a plat, certification of a site plan, or issuance of a
building permit, as is appropriate, the City Engineer shall certify that the
associated water and sewer plans are acceptable.
(2) Required information. The following information is required in order to certify
the acceptance of water and sewer plans:
(a) A copy of the plans prepared pursuant to Section 2.4.3(D) or 2.4.3(F), as
appropriate, by a qualified individual, signed and sealed.
(b) A standard application prepared for the County Department of Health and
Rehabilitative Services (H.R.S.) or the City of Delray Beach, as appropriate.
(c) A permit issued by the H.R.S. or a letter from the City Director of Utilities
stating that such a permit is not required.
(3) Procedures.
(a) Preliminary plans and/or small scale projects. Such plans shall be provided
as a part of the development application and shall be processed as are other
portions of such submission. These plans do not need to be certified.
(b) Final plans. Final water and sewer plans which require H.R.S. approval
shall first be submitted to the City's Utilities Department for review and
approval prior to forwarding to H.R.S. Such plans must be provided to the
City prior to, or concurrent with, a final plat or a request for certification of a
site plan.
A project which does not require review and approval by the H.R.S. shall be
submitted directly to the City Utilities Department for approval. Upon
approval, the Director of Utilities shall notify the City Engineer of such
action.
(4) Findings. Prior to certifying any water or sewer plan, the City Engineer must find
that the plan:
(a) Has been approved by the either H.R.S. or the Director of Utilities, as
appropriate;
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(b) Is in compliance with general engineering practice as exercised by the City
of Delray Beach; and,
(c) Is consistent with and compatible to the approved site plan, landscaping plan,
and/or associated plat.
(L) Approval of work in the public right-of-way or a public easement.
(1) Rule. A work permit shall be required for construction, excavation, or repair work
in public rights-of-way or public easements, including bicycle paths and
sidewalks and for work owned by the City or dedicated to the City. Such permits
shall be required for:
(a) Work which includes, but is not limited to, water and sewer systems, street
paving, bridges, sidewalks, driveways, swales, curbs, median paving,
overhead and underground structures and cable systems, or any other
underground installation;
(b) And for routes for moving houses, buildings, or heavy equipment;
(c) And use of rights-of-way for purposes other than for which they were
intended;
Infrastructure improvements which are being done pursuant to an approved plat or
certified site plan do not require a separate work permit.
(2) Required information. The following information is required when seeking a
work permit:
(a) An "application for work permit" as promulgated by the City Engineer;
(b) Agreements, per standard format, which address liability and restoration
matters;
(c) Two sets of plans depicting the proposed work;
(d) Processing fee per Section 2.4.3(K).
(3) Procedures. An application shall be delivered directly to the City Engineer who
shall be responsible for its processing. The City Engineer is hereby authorized to
approve, deny, or approve with conditions such an application.
(4) Compliance requirements and conditions.
(a) The applicant must agree to inform the City Engineer of commencement of
work, allowing sufficient time for establishing field control points and orders
providing for traffic control.
(b) The applicant must agree to assume full responsibility for any injury to
persons, and for any damage to property of existing facilities that may arise
as a result of the work for which a permit is obtained.
(c) The applicant must agree to immediately restore all property which is
disturbed or damaged in connection with the work for which the permit was
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issued; and further agree that if he fails to do so, the City may proceed to do
so and all costs thereof, including a reasonable attorney's fee and court costs
shall be borne by the applicant.
(d) Work under the permit shall be discontinued on Saturdays, Sundays, or legal
holidays except in cases where the work must proceed in order to protect the
public health, safety or welfare and for which permission must be first
obtained from the City Engineer.
(e) If the City Engineer determines that there is a likelihood of damage, he may
require the applicant to post a bond or other equivalent security in an amount
which shall be set by the City Engineer and in a form with surety and
conditions approved by the City Attorney.
(5) Findings. Upon satisfaction of the above, the City Engineer shall issue a work
permit which is not transferable and which shall be void after 60 days from the
date of issuance unless work has been started.
(M) Abandonment of rights-of-way.
(1) Rule. Public right-of-way may be abandoned (returned) to the fee description of
adjacent property to the same degree in which it was originally obtained, i.e.
property dedicated exclusively from a single parcel shall be returned to that
parcel; property dedicated through subdivision shall be divided at the center line
and returned equally to abutting parcels. Abandonment of right-of-way may be
granted by a formal resolution enacted by the City Commission.
(2) Required information.
(a) An application form as promulgated by the City Engineer
(b) A survey of the property which is to be abandoned with said survey showing
all improvements (including utility locations) which are within or
immediately adjacent to the property to be abandoned; and including
adjacent property lines and identification of property owners and business
located thereon.
(c) A mailing list containing the information described in Section
2.4.2(B)(1)(m). [Amd. Ord. 8-97 2/18/97]
(3) Procedure. Upon receipt of the above information, the following procedures shall
be followed under the direction of the City Engineer:
(a) Certification that the submittal is complete and accurate;
(b) Distribution of the application and survey to all utilities who have or may
have facilities within the easement or adjacent to it;
(c) Distribution to appropriate City departments who may have an interest in the
property, e.g. Fire Department, Police Department, Parks and Recreation
Department;
(d) Notification pursuant to Section 2.4.2(B)(1)(i). [Amd. Ord. 8-97 2/18/97]
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(e) Upon receipt of all review comments, the application with the
recommendation of the City Engineer shall be forwarded for review at an
advertised public hearing before the Planning and Zoning Board. The
recommendation of the Planning and Zoning Board shall be forwarded to the
City Commission; [Amd. Ord. 8-97 2/18/97]
(f) If approved, the abandonment shall be evidenced by a resolution of the City
Commission. After adoption, the resolution shall be recorded in the public
records of Palm Beach County. Where deemed necessary by the City
Engineer, an abandonment shall be consummated through the filing of a
boundary plat, or replat, of the property to be abandoned and the receiving
properties. [Amd. Ord. 8-97 2/18/97]
(4) Conditions. Conditions may be imposed upon an abandonment to:
(a) Insure timely consummation;
(b) Insure compliance with required findings;
(c) Require enhancement of the (to be) former right-of-way in order to
accomplish certain objectives and policies of the Comprehensive Plan e.g.,
street beautification;
(d) Require replacement easements and/or relocation of existing utilities, as may
be appropriate;
(e) Cause reversion or voiding of the abandonment in the event of a failure to
comply with other conditions.
(5) i Prior to granting an abandonment the City Commission must make the following
findings:
(a) That there is not, nor will there be, a need for the use of the right-of-way for
any public purpose; [Amd. Ord. 8-97 2/18/97]
(b) That the abandonment does not, nor will not, prevent access to a lot of
record;
(c) That the abandonment will not result in detriment to the provision of access
and/or of utility services to adjacent properties or the general area.
(N) Abandonment of public easements.
(1) Rule. A general utility easement dedicated to the City or to the Public may be
abandoned. Abandonment of such easements may be granted by a formal
resolution enacted by the City Commission.
(2) Required information.
(a) An application form as promulgated by the City Engineer.
(b) A survey of the property within the easement which is to be abandoned with
said survey showing all improvements (including utility locations) which are
within or immediately adjacent to the easement.
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(c) A copy of the original plat, or portion thereof, or a copy of the original
instrument which created the easement.
(3) Procedure. Upon receipt of the above information, the following procedures shall
be followed under the direction of the City Engineer:
(a) Certification that the submittal is complete and accurate.
(b) Distribution of the application and survey to all utilities who have or may
have facilities within the easement or adjacent to it.
(c) Upon receipt of all review comments, the application with the
recommendation of the City Engineer shall be forwarded to the City
Commission for action.
(d) If approved, the abandonment shall be consummated through the recordation
of the enacting resolution.
(4) Conditions. Conditions may be imposed upon an abandonment to:
(a) Insure timely consummation;
(b) Require replacement easements and/or relocation of existing utilities, as may
be appropriate.
(5) Findings. Prior to granting an abandonment the City Commission must make the
following finding:
(a) That the abandonment will not result in detriment for the provision of utility
services to adjacent properties or the general area.
Subsection (Q) Determination of Similarity of Use deleted in its entirety. [Amd. Ord. 50-97
11/18/97]
Sec. 2.4.7. Procedures for obtaining relief from compliance with portions of the Land
Development Regulations.
(A) Variances. A variance is a relaxation of the terms of these land development regulations
where such variance will not be contrary to the public interest and where owing to the
conditions peculiar to the property and not the result of the actions of the landowner, a
literal enforcement of the regulations would result in unnecessary and undue hardship.
(1) Rule. A variance shall be granted only by the Board of Adjustment, or the Historic
Preservation Board, and only for relief from regulations listed in Section 2.2.4(D),
Powers of the Board of Adjustment. The Historic Preservation Board shall act on all
variance requests within a Historic District or on a Historic Site, which otherwise
would be acted upon by the Board of Adjustment. [Amd. Ord. 01-12 8/21/12]
(2) Required information. The following information including the appropriate processing
fee must be provided for consideration of a variance:
(a) Standard Application Items pursuant to Section 2.4.3(A);
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(b) A petition or application setting forth the requirements, with reference to code
section, for which the variance is sought along with the basis for the associated
hardship (a standard form petition issued by the Chief Building Official shall be
used for requests heard by the Board of Adjustment and a Variance Application
from the Planning and Zoning Department shall be used for requests heard by the
Historic Preservation Board.) [Amd. Ord. 01-12 8/21/12]
(3) Process. A request for a variance shall be processed in the following manner:
(a) Receipt and certification as to completeness; [Amd. Ord. 01-12 8/21/12]
(b) Consideration at a public hearing before the Board of Adjustment or Historic
Preservation Board; [Amd. Ord. 01-12 8/21/12]
(c) All actions are final unless an appeal is filed. Appeals to actions of the Board of
Adjustment may be filed with the Circuit Court of Palm Beach County. Appeals
to actions of the Historic Preservation Board may be filed with the City
Commission. [Amd. Ord. 01-12 8/21/12]
(4) Conditions. The reviewing Board may prescribe appropriate conditions and
safeguards, in conformity with existing regulations, to provide mitigation of any
adverse impacts associated with a required finding. Violations of such conditions or
safeguards, when made a part of the terms under which the variance is granted, shall be
deemed a violation of existing ordinances and punishable under Section 1.4.4. [Amd.
Ord. 01-12 8/21/12]
(5) Findings. The following findings must be made prior to approval of a variance: [Amd.
Ord. 01-12 8/21/12]
(a) That special conditions and circumstances exist which are peculiar to the land,
structure, or building involved and which are not generally applicable to other
lands, structures, or buildings subject to the same zoning (The matter of economic
hardship shall not constitute a basis for the granting of a variance);
(b) That literal interpretation of the regulations would deprive the applicant of rights
commonly enjoyed by other properties subject to the same zoning;
(c) That the special conditions and circumstances have not resulted from actions of
the applicant;
(d) That granting the variance will not confer onto the applicant any special privilege
that is denied to other lands, structures, and buildings under the same zoning.
Neither the permitted, nor nonconforming use, of neighborhood lands, structures,
or buildings under the same zoning shall be considered grounds for the issuance
of a variance;
(e) That the reasons set forth in the variance petition justify the granting of the
variance, and that the variance is the minimum variance that will make possible
the reasonable use of the land, building, or structure; and,
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(f) That the granting of the variance will be in harmony with the general purpose and
intent of existing regulations, will not be injurious to the neighborhood, or
otherwise detrimental to the public welfare.
(6) Alternative findings of the Historic Preservation Board. The Board may be guided by
the following to make findings as an alternative to the criteria above: [New Section
added by Ord. 01-12 8/21/12]
(a) That a variance is necessary to maintain the historic character of property and
demonstrating that the granting of the variance would not be contrary to the public
interest, safety, or welfare.
(b) That special conditions and circumstances exist, because of the historic setting,
location, nature, or character of the land, structure, appurtenance, sign, or building
involved, which are not applicable to other lands, structures, appurtenances, signs,
or buildings in the same zoning district, which have not been designated as
historic sites or a historic district nor listed on the Local Register of Historic
Places.
(c) That literal interpretation of the provisions of existing ordinances would alter the
historic character of the historic district, or historic site to such an extent that it
would not be feasible to preserve the historic character of the historic district or
historic site.
(d) That the variance requested will not significantly diminish the historic character
of a historic site or of a historic district.
(e) That the requested variance is necessary to accommodate an appropriate adaptive
reuse of a historic building, structure, or site:
(B) Waivers. A waiver involves the granting of partial or total relief from a specific
development regulation.
(1) Rule.
(a) General. A waiver may be granted to the procedural and substantive provisions of
these regulations. A waiver may be granted only for those substantive items
within these regulations for which such provision is made. A waiver to
substantive provisions may be granted only by the Board or body which has the
authority to approve or deny the related development application.
(b) Special power to the City Commission. Notwithstanding, the City Commission
may grant a waiver to any provision of these regulations when there is no other
avenue for relief available in these regulations. However, waivers shall not be
considered with respect to:
(i) Matters which pertain to the use of land or structures;
(ii) A requirement for a public hearing or providing notice that an item will be
considered by a development board;
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(iii) A regulation for which it is stated that there shall be no waiver and/or
variance provided.
(2) Required information. The following information including the appropriate processing
fee must be provided in order for a waiver to be considered: [Amd. Ord. 50-97
11/18/97]
• A formal letter of request within which the regulation which is to be waived, with
reference to section number, is described along with justification for granting the
waiver.
(3) Procedure. A request for waiver may be considered concurrently with the development
application with which it is associated. If a waiver request is made after review by an
advisory body has been completed, the waiver request must first be reviewed by that
body prior to action by the approving body.
(4) Conditions. Conditions may be imposed upon the granting of a waiver to the extent
that they are directly related to mitigating any adverse effect which may be created by
the waiver of a specific development regulation.
(5) Findings. Prior to granting a waiver, the granting body shall make findings that the
granting of the waiver:
(a) Shall not adversely affect the neighboring area;
(b) Shall not significantly diminish the provision of public facilities;
(c) Shall not create an unsafe situation; and,
(d) Does not result in the grant of a special privilege in that the same waiver would be
granted under similar circumstances on other property for another applicant or
owner.
(C) Internal adjustments. An adjustment involves the lessening, or a total waiver, of those
development standards which affect the spatial relationship among improvements on the
land.
(1) Rule. An adjustment shall only be considered during the site and development plan
review process and shall be only for requirements which do not pertain to, or affect,
standards that apply to the perimeter of an overall development proposal (plan). An
adjustment may be granted by the body or board which is empowered to approve or
deny the site and development plan.
(2) Required information. The following information including the appropriate processing
fee must be provided in order for an adjustment to be considered: [Amd. Ord. 50-97
11/18/97]
• A formal letter of request within which the affected regulations, with reference to
section number, are described along with justification for granting of the
adjustment.
(3) Procedure. A request for adjustment shall be considered concurrently with the
development application with which it is associated. If a request is made after review
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by an advisory body has been completed, the request must first be reviewed by that
body prior to action by the approving body.
(4) Conditions. Conditions are not appropriate to the granting of an adjustment because
the basis for granting the adjustment is that it provides a superior product than if the
project were to comply with the letter of the regulations.
(5) Findings. Concurrent with granting relief from a development standard or regulation,
the granting body must find that such relief does not diminish the practical application
of the affected regulation (requirement) and that by granting such relief a superior
development product will result.
(D) Administrative relief. Administrative relief is the method whereby relief is granted from
development regulations by an administrative official.
(1) Rule. Administrative relief can be granted only for instances in which it is specifically
allowed. The Director of Planning and Zoning, or City Manager when specifically
designated under applicable LDR sections, are the only administrative officials who
are empowered to grant administrative relief. [Amd. Ord. 76-94 10/18/94]
(2) Required information. The following information must be provided in order for
administrative relief to be considered:
• A formal letter of request within which the affected regulations, with reference to
section number, are described along with justification for granting of the relief.
(3) Procedure.
(a) When Associated With A Site Plan Review: A request for relief shall be
considered concurrently with the development application with which it is
associated and shall be acted upon by the Administrative Official prior to
consideration of the site plan. If the request for relief is denied, it may be
considered again when the site plan is acted upon.
(b) When Not Associated With Site Plan Review: A request for relief shall be
considered on its own merit pursuant to administrative processing requirements.
(4) Conditions. Conditions may be applied only as they relate to insuring that the situation
under which the relief is sought does not, or will not, change.
(5) Findings. Prior to granting administrative relief, the administrative official shall find:
(a) That the relief sought is consistent with the specific authorization provided for in
these regulations;
(b) That the intent of the affected regulation is preserved; and,
(c) That the action will not be detrimental to the public health, safety, or welfare.
(E) Appeals. An appeal is a request for a review and reversal of any action which if not
appealed is final. An appeal shall be conducted as a new evidentiary hearing in accordance
with the City's quasi-judicial procedures. [Amd. Ord. 49-06 9/19/06] (Ord. No. 12-17, § 2,
5-2-17)
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(1) Rule. An appeal may be made of an administrative interpretation or a decision made by
an approving body. The appeal of an administrative interpretation shall be made to the
board for which such power has been granted; an appeal of an approving board's action
shall be made to the City Commission. All such actions are appealable unless an appeal
is expressly prohibited. Only the applicant and the City Commission may appeal a
decision to the City Commission. (Ord. No. 12-17, § 2, 5-2-17)
(2) Required information. Except for an appeal initiated by the City Commission, an
appeal must be made in writing, directed to the City Clerk, and must provide the
following information: [Amd. Ord. 50-97 11/18/97] (Ord. No. 12-17, § 2, 5-2-17)
• The name of the appellant; (Ord. No. 12-17, § 2, 5-2-17)
• Identification of the action being appealed;
• Identification of who took the action and when it was made;
• The basis of the appeal.
(3) Procedure. The following procedures shall be adhered to in the processing of any
appeal:
(a) The appellant shall submit a letter, accompanied by the appropriate fee, to the
City Clerk within ten business days of the decision or action being appealed. (Ord.
No. 12-17, § 2, 5-2-17)
(b) If the appeal is initiated by the City Commission, a motion to appeal the action
shall be made at the Commission meeting at which the Board's action is reported.
(Ord. No. 12-17, § 2, 5-2-17)
(c) The hearing shall be held no more than 60 calendar days from date of the City
Clerk's receipt of the request to appeal or, in the case of an appeal initiated by the
City Commission, no more than 60 days after the meeting at which the decision to
appeal was made, unless both the appellant and the City Commission or the board
hearing the appeal mutually agree to postpone the hearing. (Ord. No. 12-17, § 2,
5-2-17)
(d) Upon the request of the appellant, the City Commission or the board hearing the
appeal may grant a one-time postponement of the hearing upon a showing of good
cause. All requests for postponement must be considered at the meeting prior to
the scheduled appeal hearing. All postponement requests shall be submitted in
writing to the City Clerk at least ten days prior to the meeting upon where the
postponement request will be considered. In no case shall a postponement exceed
60 calendar days. (Ord. No. 12-17, § 2, 5-2-17)
(e) At the hearing, the subject of the appeal may be granted, granted with conditions,
denied, or set for further consideration. (Ord. No. 12-17, § 2, 5-2-17)
(4) Conditions.
(a) The granting of an appeal of an interpretation or application of regulations is not
subject to conditions.
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(b) The granting of an appeal pertaining to a decision on a development application
may be conditioned in the same manner as the development application may have
been conditioned originally.
(5) Standard of review. (Ord. No. 12-17, § 2, 5-2-17)
(a) The appeal of an administrative interpretation may be granted upon a finding that
the administrative officer's interpretation was plainly erroneous or inconsistent
with the City's ordinances and regulations. (Ord. No. 12-17, § 2, 5-2-17)
(b) The appeal of a decision made by an approving body shall be subject to de novo
review and shall not be limited to the record below. The appellant may offer or
submit additional evidence and testimony at the hearing. (Ord. No. 12-17, § 2, 5-
2-17)
(6) Stay of previous action.
(a) General. Whenever an appeal is filed, the action being appealed shall be stayed
i.e. the development application or appealed part thereof shall be considered
neither approved or denied.
(b) Proceeding at risk. If an appeal is filed for an action that is precedent for another
action (e.g. site plan approval preceding plat approval), the applicant may proceed
with the submittal and processing of further development applications but only at
his or her own risk.
(F) Special provisions. The following special provisions for obtaining relief from compliance
with a portion of the Land Development Regulations have been created to handle a singular
and unique circumstance and shall be applied accordingly.
(1) Congress Avenue widening impacts. The City Commission has determined that the
widening of Congress Avenue from two to six lanes in the years 1988 and 1989 has
created unusual impacts upon previously developed properties and that in order to
provide a vehicle for the equitable and efficient processing and approval of
development orders, it is necessary and appropriate to establish a special land use
review and approval procedure for such impacted properties.
(a) Locational criteria. The provisions of this subsection (F) shall be applicable to
any property, the boundaries of which were impacted by a taking of right-of-way
or by physical improvements associated with the widening of Congress Avenue as
undertaken by Palm Beach County in the calendar years of 1988 and 1989; and
which meet the other eligibility criteria of this subsection.
(b) Impact prerequisite. The property must have been impacted by the widening
project in such a way as to have created a nonconforming situation or to have
made an existing nonconforming situation greater. The provisions of this
subsection shall not apply to the following:
• Establishment or continuation of uses.
• Property which was vacant and which is proposed for new development.
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• Property which will be totally redeveloped through the removal of existing
improvements and the construction of new facilities and improvements. For
the purpose of this subsection, "totally redeveloped" shall mean that
demolition or removal of existing improvements shall be of a value equal to
or greater than 50 percent of their value prior to demolition or removal.
• Variances or development review for modifications to existing structures
which do not involve a nonconforming situation.
(c) Expanded powers to the Planning and Zoning Board. For property eligible
under this subsection, the Planning and Zoning Board may exercise the following
powers and authority in-lieu of the Board of Adjustment and the Site Plan Review
and Appearance Board:
• Section 2.4.7(A) - Power to Grant Variances;
• Section 2.4.5(F) - Approval of Site Plans;
• Section 2.4.5(H) - Approval of Landscape Plan;
• Section 2.4.5(I) - Approval of Elevations.
(d) Combination of review procedures. Whenever review is permitted or required by
the Planning and Zoning Board, pursuant to this subsection, said review shall be
combined with the procedures established for site plan review [Section 2.4.5(F)].
However, individual applications forms, submittal materials, and processing fees
as required for Board of Adjustment and Site Plan Review and Appearance Board
review and action are required and shall be provided concurrent with the site and
development plan application.
(e) Sunset Provisions: Unless extended by action of the City Commission through
modification of this subsection, the provisions of this subsection (F) shall become
void on June 1, 1994.
Note: "Automatic Sunset" Deleted per Assistant City Attorney's Memorandum of
April 7, 1993.
(G) Requests for accommodation. [New Section Created by Ord. 26-07 9/04/07] (Ord. No. 03-
17, § 2, 1-24-17)
(1) Purpose. The purpose of this section is to implement a procedure for processing
requests for reasonable accommodation to the City's Code of Ordinances, Land
Development Regulations, Rules, Policies, and Procedures for persons with disabilities
as provided by the federal Fair Housing Amendments Act (42 U.S.C. 3601, et. seq.)
("FHA") and Title II of the Americans with Disabilities Amendments Act (42 U.S.C.
Section 12131, et. seq.) ("ADAA"). For purposes of this section, a "disabled" person is
an individual that qualifies as disabled and/or handicapped under the FHA and/or
ADA. Any person who is disabled (or qualifying entities) may request a reasonable
accommodation with respect to the City's Land Development Regulations, Code of
Ordinances, rules, policies, practices and/or procedures as provided by the FHA and
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the ADA pursuant to the procedures set out in this section. [Amd. Ord. 04-12 2/21/12]
(Ord. No. 03-17, § 2, 1-24-17)
(2) Notice to the public of availability of accommodation. The City shall display a notice
in the City's public notice bulletin board (and shall maintain copies available for review
in the Planning and Zoning Department, the Building Department, and the City Clerk's
Office), advising the public disabled individuals (and qualifying entities) may request a
reasonable accommodation as provided herein.
(3) Application. A request by an Applicant for reasonable accommodation under this
section shall be either oral or written. A written request may be submitted by
completion of a reasonable accommodation request form, which form is maintained by
(and shall be submitted to) the Department of Planning and Zoning ("P&Z"). The
reasonable accommodation form shall contain such questions and requests for
information as are necessary for processing the reasonable accommodation request.
The reasonable accommodation request form shall be substantially in the form set forth
in Subsection 2.4.7(G)(8), below.
(a) Confidential information. Should the information provided by the disabled
individual to the City include medical information or records, including records
indicating the medical condition, diagnosis or medical history of the disabled
individual, such individual may, at the time of submitting such medical
information, request that the City, to the extent allowed by law, treat such medical
information as confidential information of the disabled individual. The City shall
thereafter endeavor to provide written notice to the disabled individual, and/or
their representative, of any request received by the City for disclosure of the
medical information or documentation which the disabled individual has
previously requested be treated as confidential by the City. The City will
cooperate with the disabled individual, to the extent allowed by law, in actions
initiated by such individual to oppose the disclosure of such medical information
or documentation, but the City shall have no obligation to initiate, prosecute or
pursue any such action, or to incur any legal or other expenses (whether by
retention of outside counsel or allocation of internal resources) in connection
therewith, and may comply with any judicial order without prior notice to the
disabled individual.
(b) Fee. There shall be no fee imposed by the City in connection with a request for
reasonable accommodation under this section or an appeal of a determination on
such request to the City Council, and the City shall have no obligation to pay a
requesting party's (or an appealing party's, as applicable) attorney's fees or costs in
connection with the request, or an appeal.
(c) City assistance. The City shall provide such assistance and accommodation as is
required pursuant to FHA and ADA in connection with a disabled person's request
for reasonable accommodation, including, without limitation, assistance with
reading application questions, responding to questions, completing the form, filing
an appeal, and appearing at a hearing, etc., to ensure the process is accessible.
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(4) Findings for reasonable accommodation. In determining whether the reasonable
accommodation request shall be granted or denied, the requesting party shall be
required to establish that they or the occupants of the housing for which this request is
made are protected under the Fair Housing Act and/or the Americans With Disabilities
Act by demonstrating that they or the residents of the proposed housing are people
with disabilities, as defined in these LDRs. (Ord. No. 25-17, § 2, 7-18-17)
(a) The requesting party shall demonstrate that the proposed reasonable
accommodations sought are reasonable and necessary to afford the subject
individual(s) with disabilities an equal opportunity to use and enjoy the housing
that is the subject of this request. (Ord. No. 25-17, § 2, 7-18-17)
(b) A request for reasonable accommodation to permit more than ten unrelated
individuals to occupy a community residence shall be granted only when the
requesting party also meets the standards for community residences promulgated
in Section 4.3.3 (1)(4) of these LDRs. (Ord. No. 25-17, § 2, 7-18-17)
(c) The foregoing-shall be the basis for a written decision with findings of fact upon a
reasonable accommodation request made by the City Manager or designee, or by
a Special Magistrate in the event of an appeal. (Ord. No. 25-17, § 2, 7-18-17)
(5) Notice of proposed decision. The City Manager, or his/her designee, shall have the
authority to consider and act on requests for reasonable accommodation. When a
reasonable accommodation request form has been completed and submitted to the
Planning and Zoning Department, it will be referred to the City Manager, or his/her
designee, for review and consideration. The City Manager, or his/her designee, shall
issue a written determination within 45 calendar days of the date of receipt of a
completed application and may, in accordance with federal law, (1) grant the
accommodation request, (2) grant a portion of the request and deny a portion of the
request, and/or impose conditions upon the grant of the request, or (3) deny the request,
in accordance with federal law. Any such denial shall be in writing and shall state the
grounds therefore. All written determinations shall give notice of the right to appeal.
The notice of determination shall be sent to the requesting party (i.e. the disabled
individual or his/her representative) by certified mail, return receipt requested or hand
delivery, receipt signed by the recipient. If reasonably necessary to reach a
determination on the request for reasonable accommodation, the City Manager, or
his/her designee, may, prior to the end of said 45 calendar day period, request
additional information from the requesting party, specifying in sufficient detail what
information is required. The requesting party shall have 15 calendar days after the date
of the request for additional information to provide the requested information. In the
event a request for additional information is made, the 45 calendar day period to issue
a written determination shall no longer be applicable, and the City Manager, or his/her
designee, shall issue a written determination within 30 calendar days after receipt of
the additional information. If the requesting party fails to provide the requested
additional information within said 15 calendar day period, the City Manager, or his/her
designee, shall issue a written notice advising that the requesting party had failed to
timely submit the additional information and therefore the request for reasonable
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accommodation shall be deemed abandoned and/or withdrawn and no further action by
the City with regard to said reasonable accommodation request shall be required.
[Amd. Ord. 34-10 10/19/10] (Ord. No. 03-17, § 2, 1-24-17)
(6) Appeal. Within 30 calendar days after the City Manager's, or his/her designee's,
determination on a reasonable accommodation request has been rendered and
transmitted to the requesting party, which may be accomplished via hand delivery with
signed confirmation of delivery, email with confirmation of delivery, certified mail, or
overnight courier service with signature confirmation, the applicant may appeal the
decision. All appeals shall contain a statement containing sufficient detail of the
grounds providing the basis for the appeal. Appeals shall be filed with the City
Manager and shall be to the Special Magistrate who shall, after public notice and a
public hearing, render a determination as soon as reasonably practicable within 60
calendar days after the date on which the appeal was filed. An appeal from a decision
of the Special Magistrate shall be handled exclusively in the Fifteenth Judicial Circuit
Court in and for Palm Beach County, Florida, and such appeal shall be taken by filing
a petition for writ of certiorari within 30 days from the date of filing of the written
order with the City Clerk or designee. (Ord. No. 03-17, § 2, 1-24-17; Ord. No. 25-17, §
3, 7-18-17)
(7) Stay of enforcement. While an application for reasonable accommodation, or appeal of
a determination of same, is pending before the City, the City will not enforce the
subject zoning ordinance, rules, policies, and procedures against the Applicant.
(8) Request form for reasonable accommodation. (Ord. No. 03-17, § 2, 1-24-17)
(a) Contents of reasonable accommodation request form. (Ord. No. 03-17, § 2, 1-
24-17)
1. Name and contact information of the Applicant; [Amd. Ord. 04-12 2/21/12]
(Ord. No. 03-17, § 2, 1-24-17)
2. Information regarding property at which reasonable accommodation is
requested, including the address and legal description of such location as
well as ownership of the subject property; [Amd. Ord. 04-12 2/21/12] (Ord.
No. 03-17, § 2, 1-24-17)
3. Describe the accommodation and the specific regulation(s) and/or
procedure(s) from which accommodation is sought; [Amd. Ord. 04-12
2/21/12]; [Amd. Ord. 05-10 1/19/10]
4. Reasons the accommodation may be necessary for the Applicant or the
individuals with disabilities seeking the specific accommodation, and if
relating to housing, why the requested reasonable accommodation is
necessary to use and enjoy the housing; [Amd. Ord. 04-12 2/21/12]; [Amd.
Ord. 05-10 1/19/10]
5. Describe qualifying disability or handicap,;
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6. Other relevant information pertaining to the disability or property that may
be needed by the City in order for it to be able to evaluate the request for
reasonable accommodation; [Amd. Ord. 04-12 2/21/12]
7. All certified recovery residences must provide proof of satisfactory, fire,
safety, and health inspections as required by Section 397.487, Fla. Stats., as
amended from time to time; (Ord. No. 03-17, § 2, 1-24-17)
8. Signature of applicant; [Amd. Ord. 04-12 2/21/12] (Ord. No. 03-17, § 2, 1-
24-17)
9. If on-site supervisor or manager, provide the name and contact information
(phone and email) for each; (Ord. No. 03-17, § 2, 1-24-17)
10. Date of application; (Ord. No. 03-17, § 2, 1-24-17)
11. Disclosure of ownership interests of property; (Ord. No. 03-17, § 2, 1-24-17)
12. Owner's consent for application. (Ord. No. 03-17, § 2, 1-24-17)
(b) Reasonable accomodation. An applicant who seeks a reasonable accommodation
to house more than ten unrelated individuals in a community residence shall also
complete and submit the form the City requires of all applicants to establish a
community residence. (Ord. No. 25-17, § 4, 7-18-17)
(9) Expiration of approvals. Approvals of requests for reasonable accommodation shall
expire within 180 days if not implemented. [Amd. Ord. 04-12 2/21/12]
(10) Recertification. All reasonable accommodation requests approved by the City
Manager or his/her designee and implemented by the Applicant pursuant to this
Section, 2.4.7(G), "Requests for Accommodation", are valid for no more than one year
and shall require annual recertification each year on or before April 1st. Failure to
recertify annually shall result in the revocation of the approved reasonable
accommodation. Recertification requests shall follow the same requirements as Section
2.4.7(G), "Requests for Accommodation", and review of recertification requests shall
follow the same procedures as outlined in Subsection 2.4.7(G)(5), "Notice of Proposed
Decision", with the same appellate opportunities afforded to the applicant as provided
under Subsection 2.4.7(G)(6), "Appeal" except the recertification notice will be sent
annually by regular mail or hand delivered. (Ord. No. 03-17, § 3, 1-24-17)
(a) To be recertified, a community residence for which a reasonable accommodation
was granted to locate in Delray Beach must provide verifiable evidence that it is
currently licensed or certified by the State of Florida to operate at its present
location. (Ord. No. 25-17, § 5, 7-18-17)
(b) A community residence for which a reasonable accommodation was granted to
locate in Delray Beach that is not currently licensed or certified by the State of
Florida to operate at its present location shall obtain licensure, certification or
recertification from the designated state entity before the April 1 reasonable
accommodation recertification deadline. Failure to obtain state certification or a
required state license, or failure to maintain state certification or a required state
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license, shall result in revocation of the reasonable accommodation and cessation
of operations within 60 days of termination of the license or certification. (Ord.
No. 25-17, § 5, 7-18-17)
(11) Severability. If any part, Section, Subsection, paragraph, subparagraph, sentence,
phrase, clause, term, or word of this Section 2.4.7(G), "Requests for Accommodation",
is declared unconstitutional by the final and valid judgment or decree of any court of
competent jurisdiction, this declaration of unconstitutionality or invalidity shall not
affect any other part, Section, Subsection, paragraph, subparagraph, sentence, phrase,
clause, term, or word of this Section 2.4.7(G), "Requests for Accommodation". (Ord.
No. 03-17, § 4, 1-24-17)
Sec. 2.4.8. Processing schedules.
This Section sets forth basic requirements for insuring the timely and due process for review
and action on development applications and other matters set forth in these regulations.
(A) General requirements. The following items pertain to the processing of any
development application or other item which requires an action under these
regulations.
(1) Timely submission required. A failure of an applicant to file an application or
formal request for action prior to a deadline date, established herein, shall be
cause for the item to be considered in the subsequent round of processing or
meeting of a Board and approval body.
(2) Full submission required. A failure of an applicant to file a complete
development application shall be cause for deferring its consideration to the
subsequent round of processing.
(3) Prerequisite actions. When an action of one Board, or approval body, is
dependent upon the action of another Board, it is necessary that the dependent
action not be taken until the prerequisite action is completed. Examples of
prerequisite actions include: [Changed Bullets Ord. 36-07 9/18/07]
(a) Granting of a variance prior to site plan approval
(b) Obtaining a certificate of appropriateness prior to approval of a site plan
(c) Obtaining administrative relief prior to site plan approval.
(d) Approval of a rezoning prior to action on a conditional use or site plan.
(B) Internal review procedures. The following provides a minimum requirement for the
administrative review of a development application. More detailed procedures shall be
promulgated in written form by the Director of Planning. [Changed Bullets Ord. 36-07
9/18/07]
(1) Each development application shall be formally receipted within one week of its
submission. At that time a determination shall be made that it is accepted for
processing, tentatively accepted, or rejected. An application which is tentatively
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accepted shall have listed items which must be provided for full acceptance and a
date by which such information must be provided.
(2) An accepted or tentatively accepted application shall be distributed to appropriate
administrative units within the City for review and comment. Reviewers include:
(a) Engineering.
(b) Code Enforcement.
(c) Public Utilities.
(d) Planning.
(e) Fire.
(f) Horticulturist.
(g) Building.
(h) Police.
(3) Public hearing notice shall be made. Also, a description of the application shall be
provided to external agencies, as appropriate, for review and comment.
(4) Review comments on applications for rezonings, conditional uses, site plans, and
plats shall be provided in writing, consolidated by the Planning Division, and
transmitted to the project agent.
(5) A written report shall be presented to the review and approval bodies in which an
assessment of the application is made and a recommendation is provided. The
recommendation shall address findings which are required prior to action.
(C) Deadlines for submittals. The following deadlines for the receipt of a development
application shall be observed. Late submittals may be accepted only through special
exceptions granted by the Director.
(1) Items which require Planning and Zoning Board review are to be submitted on the
first Friday of a month in order to be considered at the Board's regular meeting of
the subsequent month (normally the third Monday).
(2) Items which require Site Plan Review and Appearance Board review are to be
submitted prior to a regular meeting date as follows:
(a) Site Plans: five weeks
(b) Architectural Elevations: one week
(c) Final Landscape Plans: five weeks
(d) Preliminary Landscape Plan: one week
(e) Master Sign Programs: two weeks
(3) Items which require Board of Adjustment consideration are to be submitted prior
to a regular meeting date as follows:
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(a) Items Which Require Public Notice: four weeks
(b) Other Items: two weeks
(4) Items which require Historic Preservation Board consideration are to be submitted
prior to a regular meeting date as follows:
(a) Variances: four weeks
(b) Certificate of Appropriateness: two weeks
(c) Other Items: two weeks unless when acting in-lieu of the Site Plan Review
and Appearance Board in which case the standards for that Board apply.
(5) Development applications which must be acted upon by the City Commission
shall be forwarded from the recommending Board to the Commission so as to be
considered at the Commission meeting subsequent to the Board action, provided
however, that the Board's action occurs prior to the establishment of the agenda
for that City Commission meeting. When an application is conditioned upon
certain items being completed prior to consideration by the City Commission,
documentation that such items are completed prior to the establishment of the
agenda for that City Commission must be provided.
(6) Other items which are to go before Land Development Boards shall be submitted
in sufficient time to provide for appropriate notice and to be included on the
published and posted agenda for the Board's meeting.
(7) Items which are required to be in compliance with the Beach Property Owners
Design Manual are to be submitted for review in sufficient time to allow up to 30
days for issuance of a letter of compliance with the Beach Property Owners
Design Manual. [Amd. Ord. 36-07 9/18/07]
Sec. 2.4.9. Certification of actions taken.
This Section sets forth responsibilities with respect to insuring that an action taken by the
City on a development application is understood by the applicant; and sets forth the procedures
for obtaining a certified copy of any such action.
(A) Responsibilities of the applicant. It is the responsibility of an applicant, or his agent, to
keep abreast of the status of his development application. Correspondence from the
City to a designated agent is the only act required by the City with respect to
notification of status. Actions of a review Board or the approving body are not required
to be provided to the applicant or agent. However, upon written request a certified
copy of minutes or a letter of certification shall be provided.
(B) Certification of plans.
(1) Site and development plan. When a site and development plan has been
approved, or approved subject to conditions: upon receipt of a revised plan which
includes all required modifications, the Director, or his designee, shall have the
site plan stamped "Approved" and affix his signature. One such copy shall be
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provided to the agent, one to the Building Department, and one shall be retained
in the Planning Division's project file. All subsequent development activity shall
be carried out pursuant to a certified site plan.
(2) Landscaping plan: When such plans have been approved, or approved subject to
conditions: upon receipt of a revised plan which includes all required
modifications, the City Horticulturist shall have the landscaping plan stamped
"Approved" with an affixed signature. One such copy shall be provided to the
agent, one to the Planning Division for the Project File, and one retained by the
City Horticulturist. All landscaping shall be carried out pursuant to a certified
landscape plan.
(3) Architectural elevations: Architectural elevations shall be certified and
distributed in the same manner as is a site and development plan.
(C) Recording of plats: [Amd. Ord. 46-95 9/5/95]
(1) Financial guarantee required: Upon approval of the final plat for a subdivision,
a reproducible mylar of the plat shall be executed by the Mayor and other
appropriate officials. The signed mylar shall be retained by the City Engineer until
the recording fee [2.4.3(K)] and a financial guarantee (2.4.10) for the installation
and/or warranty of public improvements has been filed. [Amd. Ord. 46-95 9/5/95]
(2) Plat recording: Upon release by the City Engineer, the City Clerk shall cause the
final plat to be recorded in the public records. Building permits shall not be issued
for structures until such time as the plat has been recorded. [Amd. Ord. 46-95
9/5/95]
(D) Recording other documents: Whenever documents are to be recorded as a condition of
approval, the applicant is responsible for recordation and providing certified copies of the
recorded document to the City Clerk in a number as prescribed by the Clerk. Recordation of
official City documents (e.g. a Resolution of Abandonment of an Easement) shall be made
under the auspices of the City Clerk. [Amd. Ord. 46-95 9/5/95]
Sec. 2.4.10. Financial guarantees.
This Section sets forth the parameters and procedure associated with providing a financial
guarantee to insure the timely and proper installation of public improvements which are required
to support the proposed development.
(A) Items which require a financial guarantee. Any improvement for which the City will
assume responsibility or which is necessary to adequately provide service to, or on, a
site shall have provisions for guaranteeing its installation and that it properly functions.
Such improvements include, but are not limited to:
• Water mains and fire hydrants;
• Sewer mains and lift stations;
• Drainage systems whether publicly or privately maintained Street improvements
whether on public or private street systems;
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• Street lighting;
• Traffic signal installation;
• Any improvement which is to be located in a public right-of-way;
• Street trees;
• Landscaping pursuant to Subsection (G).
(B) Required in-lieu of improvements. A financial guarantee may be provided in-lieu of
installation of infrastructure improvements in situations where a developer desires to
have a final plat recorded or a site plan certified prior to installation of such
improvements. Such financial guarantee must be provided to the City Engineer, in a
proper form (Subdivision Forms), prior to the City Engineer releasing an approved plat
for recording or prior to the City Engineer releasing a certified site plan to the Building
Department pursuant to the building permit approval process. [Amd. Ord. 46-95
9/5/95]
(C) Required for warranty. A financial guarantee shall be required as a part of an
agreement between the City and the developer to defray all expenses incurred by the
City because of defects in materials or workmanship used in the required
improvements. The guarantee shall be for a minimum period of one year after
acceptance of the improvement.
(D) Amount. The amount of a financial guarantee required in-lieu of improvements shall
be equal to 110 percent of the cost of the improvements as estimated by the developer
and concurred with by the City Engineer. A financial guarantee for a warranty not
associated with an in-lieu situation shall be for ten percent of the cost of original
installation.
(E) Forms. A financial guarantee may take any of the following forms. However, each
individual document must be approved by the City Attorney as to form.
(1) Surety Bond, or other equivalent security instrument, conditioned to secure the
construction of the required improvements in a satisfactory manner within a one-
year time period. The bond shall be executed by a surety company authorized to
do business in Palm Beach County. No such bond shall be acceptable unless it is
enforceable by, or payable to, the City. The surety bond shall be in the form
provided in the Subdivision Forms. [Amd. Ord. 46-95 9/5/95]
(2) Deposit with the City in the form of cash, cash placed in escrow, a cashier's check,
or a certified check.
(3) Letter of Credit established with a financial institution wherein the City has access
to funds in the event it becomes necessary for the City to complete installation
and/or maintenance of the improvements. the letter of credit shall be in the form
provided in the Subdivision Forms. [Amd. Ord. 46-95 9/5/95]
(F) Release of funds. The City Engineer shall release all funds at the time of acceptance of
improvements with the exception of an amount of ten percent which shall be retained
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for a period of one year after acceptance of all improvements. This amount may be
used by the City if it becomes necessary to provide for the repair or maintenance of the
improvement within that one-year period. Upon request and at the time of acceptance
of a specific improvement, the City Engineer may release any funds which are
provided by deposit or letter of credit to the extent that they were provided for the
improvement being accepted.
(G) Landscaping bond.
(1) If the landscaping requirements of this Section have not been met at the time that
a Certificate of Occupancy could be granted and is requested, the owner or his
agent must post with the Building Department a bond of 110 percent covering the
costs of materials, labor and other costs incidental to the installation of the
required landscaping.
(2) A landscape bond will only be accepted in extreme hardships where the landscape
plant materials are not available due to drought or freeze, or similar conditions
occur that would warrant acceptance of the bond as determined by the Chief
Building Official.
Sec. 2.4.11. Developer's agreements.
[Amd. Ord. 12-07 3/20/07]
Developer's Agreements shall be allowed if the City determines in its sole and absolute
discretion that entering into such an agreement is in the best interests of the city. All Developer's
Agreements shall conform to the provisions set forth in Florida Statutes §§ 163.3220 through
163.3243.
EXHIBIT B – Ordinance No. 31-23
Land Development Regulations [Chapter 2 Added in its Entirety]
1
Chapter 2 - ADMINISTRATIVE PROVISIONS
ARTICLE 2.1. - REVIEWING OFFICIALS AND AUTHORITIES
Section 2.1.1 - Administrative Officials.
(A) Terms:
(1) Director means the Development Services Director or designee. The Director is
responsible for the overall operations and management of the Historic Preservation,
Current Planning, Long Range Planning, and Building Divisions.
(2) Chief Building Official means this specific position, or designee.
(3) City Engineer means a licensed engineer employed by the City.
(B) Director: Responsibilities of the Director include, but are not limited to, the following:
(1) Administering the Comprehensive Plan and ensuring its compliance with state
laws.
(2) Administering the Land Development Regulations and interpreting all Land
Development Regulations unless specifically delegated to the City Engineer or
Chief Building Official.
(3) Certifying approved site plans and certificates of appropriateness.
(4) Approving Level 1 and Level 2 Site Plan applications and Zoning Certificates of
Use, with the sole discretion to elevate applications to board review with a written
determination for the action.
(5) Granting administrative relief as authorized in the LDR.
(6) Maintaining the Official Zoning Map and the Land Use Map.
(7) Designation as the City Preservation Officer.
(8) Responsibilities assigned as set forth throughout the Land Development
Regulations.
(C) Chief Building Official: Responsibilities of the Chief Building Official include, but are not
limited to, the following:
(1) Interpreting Chapter 7 (Building) and Chapter 10 (Flood Damage Control Districts
and Coastal Construction).
EXHIBIT B – Ordinance No. 31-23
Land Development Regulations [Chapter 2 Added in its Entirety]
2
(2) Administering and enforcing the Building Code as adopted in Chapter 7, including
approval of building permits and certificates of occupancy.
(3) Granting administrative relief as authorized in the LDR.
(D) City Engineer: Responsibilities of the City Engineer include, but are not limited to, the
following:
(1) Interpreting Chapter 6 (Infrastructure and Public Improvements).
(2) Approving paving, grading and drainage plans; traffic control signage and pavement
markings plans; water and sewer plans.
(3) Granting administrative relief as authorized in the LDR.
(4) Responsibilities assigned as set forth throughout the LDR.
Section 2.1.2 - Review Authorities.
This Section establishes the review authorities that are primarily responsible for the
administrative review for technical compliance with these Land Development Regulations.
(A) Technical Advisory Committee (TAC). TAC is coordinated by the Director and provides
administrative review for technical compliance with the Land Development Regulations, City
policies, and all other applicable ordinances. TAC consists of two sub-groups: 1)
development application review and 2) special event permits.
(1) Membership.
(a) TAC members designated for development application review shall be comprised of
representatives from the following disciplines:
1. Building
2. Engineering
3. Fire
4. Landscape
5. Current, Long Range, and Historic Preservation Planning Divisions
6. Police
7. Utilities
EXHIBIT B – Ordinance No. 31-23
Land Development Regulations [Chapter 2 Added in its Entirety]
3
8. Neighborhood and Community Services
9. Parks and Recreation, as applicable
10. External Agencies, as applicable
(b) Special Event Technical Advisory Committee (SETAC) shall be comprised of the
membership defined in the City’s Special Event Policy.
(2) Meetings.
(a) The development application group shall meet weekly, or as called for by the
Director, to review all submissions for technical compliance prior to consideration
by the official or board with decision-making authority.
(b) The special event permit review group shall meet bi-weekly, as needed, or as
called for by the Special Events Administrator to review all requests based on City
event policies and technical compliance prior to consideration by the Development
Services Management Group (DSMG).
(B) Development Services Management Group (DSMG). The DSMG provides an administrative
body to guide the implementation of the Land Development Regulations and local
ordinances, to recommend amendments and policy changes, and to consider and grant relief
to technical requirements, as authorized by the Land Development Regulations.
(1) Membership. DSMG shall be comprised of the following officials and City
Departments:
(a) Director
(b) Chief Building Official
(c) City Engineer
(d) Fire Chief, or designee
(e) Director of Neighborhood and Community Services, or designee
(f) Director of Public Works, or designee
(g) Director of Utilities, or designee
(h) Representatives of other departments as deemed appropriate by the City Manager.
(i) The City Attorney, or designee, shall attend all meetings, acting in an advisory
capacity and participating fully in board discussions, but having no right to vote.
EXHIBIT B – Ordinance No. 31-23
Land Development Regulations [Chapter 2 Added in its Entirety]
4
(2) Meetings.
(a) The DSMG shall meet monthly, or as called for by the Director.
(b) A quorum shall consist of four members.
(c) All meetings are subject to Florida Sunshine Law, pursuant to Chapter 286, Florida
Statutes.
(3) Duties, powers, and responsibilities.
(a) Recommendations. The DSMG has the authority to review and recommend
changes to local ordinances and policies.
(b) Actions. A majority vote of a quorum is required to pass any action. The DSMG
has the authority to take action on the following items pursuant to the procedures
and standards of the LDR:
1. Grant administrative relief limited to the following:
a. Modifications to the streetscape standards in Central Business District
(CBD).
b. Deviations up to five percent, up to a maximum of one foot, from an
already approved waiver during construction.
c. Adjustments to setback requirements for detached single-family and
duplex structures resulting from right-of-way dedications, equal to the
amount of the dedication, but no more than five feet.
2. Appeal of an administrative interpretation of regulations that are not related to
use associated with a project in the TAC review process, where the LDR does
not identify a process for such a request.
3. Review and approve special event applications.
Section 2.1.3. - Boards with Responsibilities for Land Development.
This Section establishes the boards that have responsibilities for the implementation and
application of these Land Development Regulations. General provisions that govern each board
along with specific provisions for individual boards and establishment of powers, duties, and
responsibilities are set forth in following sections. Additional provisions are also found in
Chapter 32 of the Code of Ordinances. All actions of each Board shall be reported to the City
Commission, with the exception of the Board of Adjustment. Actions of the Boards are not final
until the report has been approved by the City Commission.
EXHIBIT B – Ordinance No. 31-23
Land Development Regulations [Chapter 2 Added in its Entirety]
5
(A) General provisions.
The following general provisions apply to all Boards established under this Article.
Additional provisions pertaining to any of the following matters may be found within the
Sections pertaining to an individual Board and within Sections 32.06 to 32.10 of the Code of
Ordinances.
(B) Appointment and term, officers.
(1) Members of a Board shall be appointed by the City Commission. A term shall consist
of two years or the completion of an unexpired term and the subsequent two years.
(a) In the case of reorganization or reconstitution of a Board, three members shall be
appointed for an initial term of one year.
(b) A member shall not serve more than two successive terms on a Board.
(c) A member appointed to fill an unexpired term shall not automatically proceed to
the next full term but must be reappointed to the Board.
(2) Board Positions. A Board shall elect from among its members a Chairperson, Vice-
Chairperson, and second Vice-Chairperson. Elections shall be held at a Board's regular
monthly meeting in September of each year.
(a) The Chairperson shall call all meetings of a Board to order and shall conduct
business pursuant to Roberts Rules of Order, newly revised.
(b) In the absence of the Chairperson, the Vice-Chairperson shall call and conduct
meetings.
(c) In the absence of both, the second Vice-Chairperson shall call and conduct
meetings.
(d) In the event of a vacancy in an office, a Board shall hold a special election for any
such vacancy after a full membership has been appointed by the Commission.
(e) An officer may succeed himself.
(C) Meetings.
(1) Each Board shall meet at least once each month.
(a) In addition to regular meetings, additional business meetings and work sessions
may be held, subject to the approval of the City Manager.
EXHIBIT B – Ordinance No. 31-23
Land Development Regulations [Chapter 2 Added in its Entirety]
6
(b) All meetings shall be noticed pursuant to the requirements of Chapter 2 and shall
be open to the public.
(c) Required regular meetings shall be canceled if no applications are deemed ready
for Board consideration.
(2) The regularly scheduled business meetings and special meetings of each Board shall be
held in the evening hours (after 5:00 p.m.). This requirement shall not apply to work
sessions.
(D) Board Support
(1) The Director shall assign appropriate staff to assist each board in the performance of its
duties.
(2) An employee of the City shall be designated, by the Director, as an "ex-officio" member
of a board and shall sign documents as the Board Secretary.
(3) The City Attorney, or designee, shall attend all meetings, acting in an advisory capacity
and participating fully in board discussions, but having no right to vote.
(E) Conduct. Public meetings shall be conducted in accordance with the rules adopted by the
applicable board, or if none have been adopted, by the Local Rules of Procedure and Quasi-
Judicial Rules of the City Commission.
(F) Appealable Report of Board Actions. All actions of each Board shall be reported to the City
Commission. Reported Board actions are not final until the report has been approved by the
City Commission. The City Commission may request to appeal a Board’s action. Appeals
are processed pursuant to the requirements of Chapter 2. The reporting of actions to the City
Commission does not apply to variances considered by the Board of Adjustment or Planning
and Zoning Board.
Sec. 2.1.4. - Notice requirements.
The City Commission, the Planning and Zoning Board, and other Boards involved with the
implementation of these Land Development Regulations shall conduct meetings and provide
public notice of tentative actions. All costs incurred by the City for advertising, providing notice
and recording of any documents shall be paid by the Applicant.
(A) Public meeting requirements. The meetings of all Boards listed in Chapter 2 are subject to
Florida Sunshine Law, pursuant to Chapter 286, Florida Statutes.
(1) Notice and agenda required. An agenda shall be established for every meeting of each
Board.
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(a) Board agendas shall be posted in the main lobby of City Hall at least five business
days prior to a regular meeting.
(b) Board agendas for a special meeting shall be posted at least 24 hours prior.
(c) A Board shall only consider items that have been duly placed upon a posted
agenda with the exception of items deemed as an emergency and that are added to
an agenda by a majority of the Board members present.
(2) Public information. Any background material or documentation that is provided to
Board Members shall be available for public review at City Hall at least 24 hours prior
to the start of the meeting where the item will be considered.
Sec. 2.1.5. - The Planning and Zoning Board.
(A) Purpose. The Planning and Zoning Board for the City of Delray Beach has been created
under the authority of Section 3.14 of the City Charter and is designated as the Local
Planning Agency under the Florida Community Planning Act, Section 166.3164 et seq.,
Florida Statutes, for the City of Delray Beach.
(B) Composition and qualifications. The Planning and Zoning Board shall consist of seven
members.
(1) At least five seats on the Board must be filled with either an architect, landscape
architect, realtor/real estate broker, civil engineer, developer, general contractor, land
planner or land use attorney.
(2) The remaining two seats shall be at large.
(3) The appointing body shall endeavor to appoint as many of the required disciplines as
possible to the Board.
(C) Quorum. Four members of the Board shall constitute a quorum.
(D) Actions.
(1) A majority vote of a quorum is required to pass any motion, with the exception of
variances.
(2) A motion to approve a variance requires at least five votes to pass the motion.
(3) If a tie vote results from a motion, then the matter considered will be deemed to have
been denied.
(E) Duties, powers, and responsibilities.
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(1) To advise and recommend on the preparation and adoption of a comprehensive plan for
the city pursuant the Charter, as amended, and by the Florida Statutes Chapter 163, as
amended from time to time.
(2) To determine whether or not specific proposed developments are consistent with the
Goals, Objectives, and Policies of the comprehensive plan as to growth and
improvement.
(3) To perform all of the duties of the Local Planning Agency under the Florida
Community Planning Act, as may be amended.
(4) To conduct an annual infrastructure hearing to obtain public input prior to the annual
review of proposed capital budget in accordance with Policy PFE 1.1.2 of the
Comprehensive Plan.
(5) Board Recommendations. The Planning and Zoning Board shall review and make
recommendations to the City Commission with respect to the following items, pursuant
to the procedures and standards of the Land Development Regulations (LDR):
(a) Amendments to the Comprehensive Plan and the Land Use Map.
(b) Rezoning of land.
(c) Amendments to any portion of the LDR.
(d) Annexation of territory to the City.
(e) Establishment of a Conditional Use.
(g) Abandonment of rights-of-way or public easements, except single purpose
easements.
(h) Establishment or modification of the names of streets, alleys, or other pathways
providing access for vehicles, bicycles, or pedestrians, whether public or private,
in accordance with the adopted City of Delray Beach Addressing and Street
Naming Manual.
(i) Certification of a Major Subdivision Plat.
(j) Level 4 Site Plan Applications, including any density or height increases, and
associated relief such as waivers, variances, etc.
(k) Relief to the requirements of the Central Business District prior to the
consideration of an associated site plan application.
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(6) Board Actions. The Planning and Zoning Board hereby has the authority to take final
action on the following items pursuant to the procedures and standards of the LDR:
(a) Level 3 Site Plan applications, including any relief, as applicable.
(b) Level 2 Site Plan applications, if a variance is associated with the request.
(c) Master Development Plans as required in certain zoning districts.
(d) Determinations of Similarity of Use.
(e) Minor modification of a prior Conditional Use approval.
(f) Relief from the number of parking spaces required for specific uses pursuant to
Section 4.6.9(F)(1).
(g) Variances associated with a Level 2 or Level 3 Site Plan application, limited to
the following:
1. Base district development standards, Section 4.3.4, unless otherwise stated.
2. Supplemental District Regulations, Article 4.6, except where said authority is
expressly prohibited, granted to others, or relief is available through another
process.
3. Flood Damage Control Districts and Coastal Construction, Chapter 10.
(h) Appeals from determinations by the Chief Building Official for the Standards of
Approval in Article 7.9, Docks, Dolphins, Finger Piers, and Boat Lifts, associated
with commercial or multi-family residential development.
(i) Any other regulations or requirements that specify relief is available by the body
acting upon the development application.
(E) Final Actions. All final actions, except variances, may be appealed to the City Commission,
pursuant to the procedures of Chapter 2. Final action on a variance request may seek review
of such action in the Circuit Court of Palm Beach County.
Sec. 2.1.6. - The Site Plan Review and Appearance Board.
(A) Purpose. The purpose of the Site Plan Review and Appearance Board (SPRAB) is to
promote certain functional and aesthetic goals, objectives, and policies as set forth in the
adopted Comprehensive Plan.
(B) Composition. The SPRAB shall consist of seven members.
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(1) At least five seats on the Board must be filled with either an architect, landscape
architect, land use attorney, realtor/real estate broker, civil engineer, general contractor,
land planner or interior designer.
(2) The remaining two seats shall be at large.
(3) The appointing body shall endeavor to appoint as many of the required disciplines as
possible to the Board.
(C) Quorum. Four members of the Board shall constitute a quorum.
(D) Actions.
(1) A majority vote of a quorum is required to pass any motion.
(2) If a tie vote results from a motion, then the matter considered will be deemed to have
been denied.
(E) Duties, powers, and responsibilities.
(1) Board Action. The SPRAB has the authority to take action on the following items
pursuant to the procedures and standards of the LDR, except where authority is granted
to the Historic Preservation Board:
(a) Level 1 or Level 2 Site Plan applications when associated with the following
requests for relief:
1. Waivers that do not require City Commission action.
2. Reduction in the number of parking spaces required for specific uses, pursuant
to Section 4.6.9(F)(1).
3. Waivers to Section 4.6.16, Landscape Regulations.
(b) Master Sign Programs and any sign that does not meet the minimum requirements
of Section 4.6.7, Signs, and requires relief.
(c) Appeal of an administrative interpretation or decision associated with the
following:
1. Section 4.6.7, Signs
2. Section 4.6.16, Landscape Regulations
3. Level 1 Site Plan Applications
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4. Level 2 Site Plan Applications
(d) Appeals to adopted Design Guidelines
1. Design Guidelines in Section II of the Beach Property Owners Design Manual
for the North Beach and Seagate Neighborhoods as set forth in Section 4.5.13.
2. Central Business District Architectural Design Guidelines.
(F) Final Actions. All decisions of the SPRAB may be appealed to the City Commission,
pursuant to the procedures of Chapter 2.
Sec. 2.1.7. - The Board of Adjustment.
(A) Purpose. The Board of Adjustment for the City of Delray Beach has been created under the
authority of Section 3.14 of the City Charter.
(B) Composition. The Board of Adjustment shall consist of seven regular members.
(1) At least four seats on the Board must be filled with either a land use attorney, architect,
landscape architect, realtor/real estate broker, civil engineer, general contractor, land
planner, building inspector, fire safety professional, or other design professional who is
familiar with the Florida Building Code.
(2) The remaining three seats may be at large.
(3) The appointing body shall endeavor to appoint as many disciplines as possible to the
Board. If there is a lack of applicants to fill the seats reserved for professionals, at large
members may be considered.
(C) Quorum. Five members of the Board shall constitute a quorum.
(D) Actions.
(1) A motion to approve a variance requires at least five votes to pass the motion.
(2) A motion to approve a request to reverse a decision of the Chief Building Official
requires at least five votes to pass.
(3) If a tie vote results from a motion, then the matter considered will be deemed to
have been denied.
(E) Duties, powers, and responsibilities.
(1) Board Action. The Board of Adjustment has the authority to take action on the
following items pursuant to the procedures and standards of the LDR:
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(a) Decide appeals where it is alleged there is an error in any order, requirement,
decision, or determination made by the Chief Building Official.
1. Such appeals do not include interpretations of use matters and other items
specifically preempted or granted to others pursuant to the LDR.
2. So long as its actions are in conformity with the LDR, the Board may reverse
or affirm, wholly or partly, or may modify the order, requirement, or decision,
or determination under appeal, and to that end shall have the same powers of
the Chief Building Official.
(b) The Board has the authority to take action on duly filed appeals of an
interpretation, administrative decision, or enforcement action by the Chief
Building Official related to the following regulations:
1. Building Code, Article 7.1, except Sections 7.1.5 through 7.1.7;
2. Electrical Code, Article 7.2;
3. Gas Code, Article 7.3;
4. Housing Code, Article 7.4;
5. Mechanical Code, Article 7.5;
6. Plumbing Code, Article 7.6;
7. Unsafe Buildings or Structures, Article 7.8;
8. Moving of Building, Article 7.10.
(c) The Board hereby has the authority to grant variances and hear appeals from the
following:
1. Base district development standards, Section 4.3.4, for single-family or
duplex uses, unless otherwise stated.
2. Flood Damage Control Districts and Coastal Construction, Chapter 10, for
single-family or duplex uses.
3. Supplemental District Regulations, Article 4.6, for single-family or duplex
uses, unless otherwise stated, except where said authority is expressly
prohibited, granted to others, or relief is available through another process.
4. Docks, Dolphins, Finger Piers, and Boat Lifts, Article 7.9, for single-family
or duplex structures.
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5. Fire Prevention Codes, Chapter 96 of The City Code of Ordinances, per
Section 96.06.
6. Section I, "District Regulations and Incentives," of the Beach Property
Owners Design Manual for the North Beach and Seagate Neighborhoods as
set forth in Section 4.5.13.
(F) Final Actions. All actions are final and may be reviewed in the Circuit Court of Palm Beach
County.
Sec. 2.1.8. - Public Art Advisory Board.
(A) Purpose. The Public Art Advisory Board was established via Ordinance No. 77-04 for the
purpose of advising and making recommendations to the City Commission with respect to
public art policy and related issues including, but not limited to, the selection, construction,
placement and/or funding of public art in or on City right-of-way, City owned property or
private property where an agreement acceptable to the City, has been executed regarding the
art and the art is clearly visible by the public.
(B) Composition and qualifications. The Public Art Advisory Board shall consist of seven
members.
(1) At least three seats on the Board must be filled with either an artist, architect,
landscape architect or engineer.
(2) The remaining four seats shall be at large and consist of lay persons of knowledge,
experience and judgment who have an interest in public art shall make up the balance
of the board.
(3) The appointing body shall endeavor to appoint as many of the required disciplines as
possible to the Board.
(C) Quorum. Four members of the Board shall constitute a quorum.
(D) Actions.
(1) A majority vote of a quorum is required to pass any motion.
(2) If a tie vote results from a motion, then the matter considered will be deemed to have
been denied.
(E) Duties, powers, and responsibilities. The following duties, powers, and responsibilities
shall be carried out by the Public Art Advisory Board:
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(1) All Recommendations and Decisions. The Board shall apply the guidelines and
criteria in Section 8.5 for making recommendations or decisions on the installation of
public art, whether as part of a public or private project.
(2) Board Recommendations, City Commission. The Board shall review and make
recommendations to the City Commission, as follows:
(a) Constructing, placing, or installing public art with Capital Improvement Projects
(CIP) projects above $200,000.00. Review of CIP projects under $200,000.00 is at
the discretion of the Board.
(b) Funding or placing of public art on private property, where such art is clearly
visible by the public and the City has obtained an agreement for the funding or
placement of such art with the property owner.
(c) Funding or placing of public art in the public right-of-way, on City owned
property, or on structures that are located in the public right-of-way.
(d) Installations of all public art throughout the city.
(3) Board Recommendations, Historic Preservation Board. The Board shall review and
make recommendations to the Historic Preservation Board regarding the installation of
murals on property located within a historic district or on any individually designated
site listed on the Local Register of Historic Places.
(4) Board Advisory Opinion. Render an advisory opinion to City Commission regarding
the following:
(a) The suitability of the construction project as a location for works of art;
(b) The nature of the works of art which are most appropriate for the construction
project;
(c) The best method for securing the recommended works of art.
(5) Board Actions. The Board shall take action on all requests for the installation of murals
on property not located within a historic district or on any individually designated site
listed on the Local Register of Historic Places.
(F) Final Actions. All decisions may be appealed to the City Commission, pursuant to the
procedures of Chapter 2.
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Sec. 2.1.9. - The Historic Preservation Board.
(A) Purpose. The purpose of the Historic Preservation Board is to foster and promote the
recognition, protection, enhancement, and use of historic resources in the City of Delray
Beach. The Board, through the City’s Historic Preservation Division of Development
Services, shall also promote certain functional and aesthetic goals, objectives and policies as
set forth in the City's Comprehensive Plan, particularly the Historic Preservation Element,
as they relate to the preservation of Delray Beach's historic resources. The Historic
Preservation Board reviews all matters pertaining to Certificate of Appropriateness requests
for property, sites, and structures located within a Historic District or for Individually
Designated Sites as listed on the Local Register of Historic Places in Section 4.5.1(I).
(B) Composition and qualifications. The Historic Preservation Board shall consist of seven
members.
(1) At least five seats on the Board must be filled with either an architect, landscape
architect, civil engineer, general contractor, historian, preservationist, land planner,
archaeologist, cultural anthropologist, museum curator, or conservationist.
(2) The remaining two seats shall be at large. Lay persons with knowledge, experience and
judgment who have an interest in historic preservation shall make up the balance of the
Board.
(3) The appointing body shall endeavor to appoint as many of the required disciplines as
possible to the Board to ensure compliance with the requirements of the City’s
designation as a Certified Local Government by the State of Florida.
(4) Preference should be given to professional and lay persons who own property within
historic districts or whose property is individually listed in the Local Register of
Historic Places.
(C) Quorum. Four members of the Board shall constitute a quorum.
(D) Actions.
(1) A majority vote of a quorum is required to pass any motion.
(2) If a tie vote results from a motion, then the matter considered will be deemed to have
been denied.
(E) Duties, powers, and responsibilities. The following duties, powers, and responsibilities
shall be carried out by the Historic Preservation Board:
(1) Act as a regulatory body on development applications and Certificates of
Appropriateness for properties located within a Historic District or for Individually
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Designated Sites as listed on the Local Register of Historic Places in Section 4.5.1(I) as
authorized in paragraph 12, below.
(2) Provide recommendations to the Chief Building Official concerning building code
amendments, as they apply to Historic structures and districts.
(3) Develop, establish, and regulate guidelines concerning contemporaneous architectural
styles, colors, building materials, and so forth for all properties which are Individually
Designated and/or located within historic districts. Such guidelines will be subject to
approval by the City Commission.
(4) Develop, maintain, and update survey reports of archaeological sites, properties,
buildings, structures, and districts of special historic, aesthetic, architectural, cultural, or
social value or interest. The Board will endeavor to improve, expand, and make more
accurate the survey report as additional documents, information, oral histories, and
other such materials may become available, and it will periodically reevaluate all survey
reports. The Board will work with the Delray Beach Historical Society, the State
Bureau of Historic Preservation, and other appropriate public and nonprofit
organizations in maintaining the survey reports.
(5) Nominate buildings, sites, and districts for historic designation on the Local Register of
Historic Places.
(6) Nominate and participate in the listing of buildings, sites, and districts on the National
Register of Historic Places.
(7) Increase public awareness of the value of historic preservation by developing,
conducting, and participating in public education programs.
(8) Contact public and private organizations, businesses, and individuals and endeavor to
arrange agreements to aid in the conservation and preservation of historically and
aesthetically significant buildings and structures for which demolition is proposed.
(9) In the name of the City, and only with the express approval of the City Commission,
seek, apply for, solicit, receive, and expend any federal, state, or private grant, gift, or
bequest of any funding, property, or interest in property to further the purposes of
historic and heritage conservation and preservation.
(10) Advise the City Commission on all matters related to the use, administration, and
maintenance of city-owned designated historic sites.
(11) Execute any other functions relevant to the duties, powers and responsibilities of the
Board regarding historic preservation planning programs and policies which may be
approved by ordinance or resolution of the City Commission.
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(12) Board Actions. The Board hereby has the authority to take action on the following
items associated with property, sites, and structures located within a Historic District or
for Individually Designated Sites as listed on the Local Register of Historic Places in
Section 4.5.1(I), pursuant to the procedures and standards of the LDR:
(a) Certificate of Appropriateness applications.
(b) Level 1, 2, and 3 Site Plan applications.
(c) Master Development Plans.
(d) Variances and appeals from the following:
1. Base district development standards, Section 4.3.4, unless otherwise stated.
2. Flood Damage Control Districts and Coastal Construction, Chapter 10.
3. Supplemental District Regulations, Article 4.6, except where said authority is
expressly prohibited, granted to others, or relief is available through another
process.
4. Fire Prevention Codes, Chapter 96 of The City Code of Ordinances, per
Section 96.06.
5. Docks, Dolphins, Finger Piers, and Boat Lifts, Article 7.9.
(e) Variances from Section 4.6.7, Signs, for those nonconforming signs that existed at
the time of enactment of Ordinance 51-75, adopted on December 8, 1975.
(f) Relief to Section 4.6.16, Landscape Regulations, through the waiver process.
(g) Relief from the number of parking spaces required for specific uses pursuant to
Section 4.6.9(F)(1).
(h) Waivers within the Central Business District.
(i) Any other regulations or requirements that specify relief is available by the body
acting upon the development application.
(13) Board Recommendations, Planning and Zoning Board. The Board shall review and
make recommendations to the Planning and Zoning Board with respect to the following
items, pursuant to the procedures and standards of the Land Development Regulations
(LDR):
(a) Amendments to the LDR, as they apply to Historic structures and districts and
rezoning of sites within a historic district or of individually designated sites.
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(b) Conditional Use requests, and the accompanying Level 4 Site Plan application,
associated with historic structures and/or districts.
(14) Board Recommendations, City Commission. The Board shall review and make
recommendations to the City Commission with respect to the following items, pursuant
to the procedures and standards of the Land Development Regulations (LDR):
(a) Level 4 Site Plan applications not associated with a Conditional Use.
(b) Amendments to the Historic Preservation Element of the adopted Comprehensive
Plan, to the Land Use Map, and to other Elements that may have an impact on
historic preservation efforts in the City.
(c) Facade easements, the imposition of other restrictions, and the negotiation of
contracts for the purposes of historic preservation.
(d) The use of grants and City funds to promote the preservation and conservation of
historically and aesthetically significant archaeological sites, historic sites, and
historic districts.
(e) The deliberations and decisions of other public agencies affecting the physical
development and appearance of historically and aesthetically significant
archaeological sites, historic sites, and historic districts.
(f) Integration of historic preservation concepts as an ongoing part of all City planning
efforts.
(g) The installation of public art within a historic district or on any individually
designated site listed on the Local Register of Historic Places.
(E) Final Actions. All final actions may be appealed to the City Commission, pursuant to the
procedures of Chapter 2.
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ARTICLE 2.2. - GENERAL PROCEDURES
Section 2.2.1. - Process for Review and Action.
The procedure for review and final action of an application will vary according to the type
of application and the decision-maker authorized under these Land Development Regulations to
approve or deny the application.
(A) General Processing Schedule. Within 120 days after the Director has deemed an
application complete and sufficient, or 180 days for applications that require final action
through a quasi-judicial hearing or public hearing, the City will approve, approve with
conditions, or deny the application. The applicant or the Director may request an extension
of time for a decision. The request must be in writing and made prior to the 120 or 180-day
period, as applicable. If the extension is agreed upon by the applicant and Director, the
new time for the decision shall be memorialized in writing. There shall be no limitation on
the number of extensions agreed upon for the review process.
(B) Procedures for submitting and processing applications. This Section sets forth the
obligations of both the City and the applicant for timely review and action on development,
land use, or other applications.
(1) Initiation of applications. Any person, firm, or corporation owning property within the
City may initiate an application for development approval.
(2) Application form. When submission of an application is required prior to review or
action by the city, the applicant shall utilize the forms provided by the Development
Services Department. The applicant is responsible for providing complete and accurate
information and sufficient documentation to determine compliance with these Land
Development Regulations and other city ordinances, and for consistency with the
Comprehensive Plan, if applicable.
(3) Filing. Applications shall be filed at such times as prescribed by the Director.
(4) Fees. All fees required for the application(s) shall be submitted with the application.
Applications missing required fees will not be accepted.
(5) Sufficiency Review and Determination. Within 10 business days of the submission of
an application, a determination shall be made as to whether or not the application
contains complete and sufficient information for substantive review. The applicant shall
be notified in writing within 30 days of the receipt of the application if any deficiencies
exist and the information necessary for review to commence. Review of the application
shall commence after a determination that the application is sufficient.
(6) Refiling of Automatically Withdrawn Applications: Should an applicant wish to re-file
an application once withdrawn pursuant to this Section, the Director shall determine
whether the applicant must follow the procedure and submittal requirements for a new
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application, or whether the application may be reactivated with a lesser fee and submittal
of only the deficient or missing items. This determination shall be based upon the
amount of time that has elapsed since the application was automatically withdrawn, the
extent to which the application was incomplete or deficient, and whether any
amendments to the comprehensive plan or Land Development Regulations have
occurred that may affect the review of the application.
(C) Administrative review for technical compliance. Once an application is determined to be
complete and sufficient, the application will be circulated for technical review.
(1) Department Review. Certain Level 1 Site Plan applications may only require technical
review by the Development Services Department and will be reviewed within 10
business days after the determination of sufficiency.
(2) Technical Advisory Committee (TAC). Applications that require review by
Development Services and other City Departments or external agencies shall be
distributed at the next regularly scheduled TAC meeting following the determination of
sufficiency.
(a) TAC review comments shall be provided in writing to the applicant no later than 30
days from the distribution date, unless a reasonable extension of time, not to exceed
60 days, is needed due to the complexity, size, or other characteristic(s) of the
application.
(b) Review comments may include requests for additional information or require
resubmissions of documents.
(c) Review comments that require relief or other board action prior to a determination
of compliance by technical reviewers will not receive final TAC comments until
the dependent board action is complete.
(d) Resubmissions will be distributed to TAC for compliance review. Resubmissions
must be provided within 60 days of the receipt of comments and shall include a
written statement identifying how each review comment has been addressed. The
applicant and City may agree to a reasonable extension of time based upon
circumstances, such as the complexity, size, or necessary relief though a board
action; however, failure to contact the City in writing within 60 days of the receipt
of TAC comments will be considered an automatic withdrawal of the project and
the application file will be closed.
(e) TAC review is considered complete when all technical comments have been
addressed or an application for concurrent relief is submitted.
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(D) Board Scheduling. Upon determination by the Director that the TAC review process and
any required advisory board review is complete, and all required public notices are provided,
an application can be scheduled for Board review.
(1) Agenda assignment. Applications will be placed on the next available board meeting
that affords adequate time to meet public notice requirements.
(2) Prerequisite actions. When an action of one Board, or approval body, is dependent
upon the action of another Board, the dependent action shall not be taken until the
prerequisite action is completed.
(3) Recommendations. Development applications that require forwarding of board
recommendations shall be considered by the City Commission at the following
available meeting provided public notice requirements and any deadlines established by
the City Clerk’s Office can be met. When an application is conditioned upon certain
items being completed prior to consideration by the City Commission, documentation
that such items are completed must be provided prior to scheduling.
(4) Retroactive action. Applicants seeking retroactive approval for compliance with code
violations will be scheduled for the first available meeting and are prohibited from
requesting an alternate meeting date.
(E) Board Action
(1) A written report shall be prepared by Staff for Board review, providing an assessment
of the application based on consistency with the adopted Comprehensive Plan,
compliance with the criteria in the LDR and any other relevant City ordinances or
external agency requirements, and an analysis with the required findings for the
application type.
(2) The Board may approve, approve with conditions, or deny the application using
findings to support the decision. A denial shall include a reference to the authority for
denial.
(3) Approval with conditions. In granting approval to any development application, the
granting body may impose conditions it deems necessary to ensure:
(a) The compatibility of the use with nearby existing and proposed uses.
(b) Consistency with the requirements of these Land Development Regulations
(c) Meeting concurrency requirements.
(d) Consistency with the Comprehensive Plan.
(e) The fulfillment of requirements of the Land Development Regulations that should
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have or could have been fulfilled prior to the approval action but were not due to
conditions beyond the control of the applicant.
(f) The fulfillment of requirements of the Land Development Regulations that could
have been fulfilled prior to the approval action, but remain outstanding, providing
that they will be completed in a later stage of processing.
(g) Not withstanding the provisions above, neither a final subdivision plat, nor an
abandonment of a right-of-way or an easement shall be approved subject to
conditions.
(4) Findings upon approval. Prior to the approval of a development application, certain
findings must be made in a form that is part of the official record.
(5) Re-application. Whenever the City Commission or Board has denied a development
application:
(a) Any further application for the same request shall not be considered on any part or
all of the same property for a period of 24 months from the date of such action.
(b) Changes to other land use or zoning designations on any part or all of the same
property may be considered six months from the date of such action.
(c) The time limits stated above may be waived by four affirmative votes of the City
Commission when such action is found necessary to prevent injustice or to
facilitate the proper development of the City. Further, the above limitations shall
not apply to an application that expires during processing or that was denied.
Sec. 2.2.2. - Financial guarantees.
This Section establishes the parameters and procedure associated with providing a financial
guarantee to provide for the timely and proper installation of public improvements that are
required to support the proposed development.
(A) Items requiring a financial guarantee. Any improvement for which the City will assume
responsibility or that is necessary to adequately provide service to or on a site shall have
provisions for guaranteeing its installation and function. Such improvements include, but are
not limited to:
(1) Water mains and fire hydrants;
(2) Sewer mains and lift stations;
(3) Drainage systems whether publicly or privately maintained
(4) Street improvements whether on public or private street systems;
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(5) Street lighting;
(6) Traffic signal installation;
(7) Any improvement which is to be located in a public right-of-way;
(8) Street trees;
(9) Landscaping pursuant to Subsection (G).
(B) Required in-lieu of improvements. A financial guarantee may be provided in-lieu of
installation of infrastructure improvements in situations where a developer desires to have a
final plat recorded or a site plan certified prior to installation of such improvements. Such
financial guarantee must be provided to the City Engineer prior to the City Engineer
releasing an approved plat for recording or a certified site plan for building permit approval.
(C) Required for warranty. A financial guarantee shall be required as a part of an agreement
between the City and the developer to defray all expenses incurred by the City because of
defects in materials or workmanship used in the required improvements. The guarantee shall
be for a minimum period of one year after acceptance of the improvement.
(D) Amount. The amount of a financial guarantee required in-lieu of improvements shall be
equal to 110 percent of the cost of the improvements as estimated by the developer and
concurred with by the City Engineer. A financial guarantee for a warranty not associated
with an in-lieu situation shall be for ten percent of the cost of original installation.
(E) Forms. A financial guarantee may take any of the following forms: however, each
individual document must be approved by the City Attorney.
(1) Surety Bond, or other equivalent security instrument, conditioned to secure the
construction of the required improvements in a satisfactory manner within a one-year
time period. The bond shall be executed by a surety company authorized to do business
in Palm Beach County. No such bond shall be acceptable unless it is enforceable by, or
payable to, the City. The surety bond shall be in the form provided in the Subdivision
Forms.
(2) Deposit with the City in the form of cash, cash placed in escrow, a cashier's check, or a
certified check.
(3) Letter of Credit established with a financial institution wherein the City has access to
funds in the event it becomes necessary for the City to complete installation and/or
maintenance of the improvements. The letter of credit shall be in the form provided in
the Subdivision Forms.
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(F) Release of funds. The City Engineer shall release all funds at the time of acceptance of
improvements with the exception of an amount of ten percent which shall be retained for a
period of one year after acceptance of all improvements. This amount may be used by the
City if it becomes necessary to provide for the repair or maintenance of the improvement
within that one-year period. Upon request and at the time of acceptance of a specific
improvement, the City Engineer may release any funds which are provided by deposit or
letter of credit to the extent that they were provided for the improvement being accepted.
(G) Landscaping bond.
(1) If the landscaping requirements of this Section have not been met at the time that a
Certificate of Occupancy could be granted and is requested, the owner or his agent must
post with the Development Services Department a bond of 110 percent covering the
costs of materials, labor and other costs incidental to the installation of the required
landscaping.
(2) A landscape bond will only be accepted in extreme hardships where the landscape plant
materials are not available due to drought or freeze, or similar conditions occur that
would warrant acceptance of the bond as determined by the Director.
Sec. 2.2.3. - Developer's agreements.
Developer's Agreements shall be allowed if the City determines in its sole and absolute
discretion that entering into such an agreement is in the best interests of the City. All Developer's
Agreements shall conform to the provisions set forth in Section163.3220 through 163.3243,
Florida Statutes.
Sec. 2.2.4. - Certification of actions taken.
This Section sets forth responsibilities with respect to ensuring that an action taken by the
City on a development application is understood by the applicant; and sets forth the procedures
for obtaining a certified copy of any such action.
(A) Responsibilities of the applicant. It is the responsibility of an applicant, or agent, to keep
abreast of the status of the development application. Correspondence from the City to a
designated agent is the only act required by the City with respect to notification of status.
Actions of a review Board or the approving body are not required to be provided to the
applicant or agent. However, upon written request a certified copy of minutes or a letter of
certification shall be provided.
(B) Certification of plans. When a site and development plan has been approved, or approved
subject to conditions, upon receipt of a revised plan that includes all required modifications,
including Architectural Elevations and Landscape plans, the Director shall sign and have the
site plan stamped "Approved." All subsequent development activity shall be carried out
pursuant to a certified site plan.
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(C) Recording of plats.
(1) Financial guarantee required: Any financial guarantee for the installation and/or
warranty of public improvements required by Article 2.2 must be provided and
approved prior to Commission review of a subdivision plat.
(2) Plat recording: Upon approval of the final plat for a subdivision, a signed and sealed
reproducible mylar of the plat shall be executed by the Mayor and other appropriate
officials. Upon release by Development Services, the City Clerk shall cause the final
plat to be recorded in the public records. Building permits shall not be issued for
structures until such time as the plat has been recorded.
(D) Recording other documents: Whenever documents are to be recorded as a condition of
approval, the applicant is responsible for recordation and providing certified copies of the
recorded document to the City Clerk. Recordation of official City documents (e.g. a
Resolution of Abandonment of an Easement) shall be made under the auspices of the City
Clerk.
(E) Establishment of project. All approvals shall be considered established when it meets one of
the following tests:
(1) Improvements representing 25 percent of the total cost of all improvements, excluding
demolition, associated with the project approval.
(2) A certificate of occupancy has been issued for use of the property pursuant to the
development approval.
(F) Expiration of approvals.
(1) Conditional uses, site plans, zoning certificates of use. All approval expiration dates
for Conditional Use, Site Plans, and Zoning Certificates of Use shall be as follows:
(a) Approvals of Site Plans, Conditional Uses, and Conditional Use modifications
shall be valid for a period of 24 months. Level 2-4 Site Plans or Conditional Use
actions that modify an approved and established project, shall be considered a new
approval and have a new 24-month approval period. Level 1 Site Plan
modifications to an approved, yet unestablished project, shall be valid until the
expiration date for the original Site Plan and/or Conditional Use approval.
(b) Approval of a Zoning Certificates of Use shall be valid for a period of 180 calendar
days from the date of approval by the Director. If a Business Tax Receipt
application is not submitted prior to the expiration date, a new Zoning Certificate
of Use must be requested, and a new fee will be required.
(2) Extensions. Extensions of approved applications may be granted pursuant to LDR
Section 2.2.4(H).
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(3) Relief from parking requirements, waivers, adjustments. These approvals, associated
with a specific development application, shall remain valid for the same period as said
development application, do not run with the land, nor are they transferable to another
development proposal.
(4) Abandonments, plats.
(a) Once approved by the City Commission, the plat must be recorded within 18
months. If the final plat is not recorded within 18 months, the approval expires.
(b) A plat may be vacated by action of the City Commission, pursuant to the
requirements of Chapter 2.
(c) Abandonments and Plats are final actions which run with the land.
(5) Master development plans. Master Development Plans approved either by the Planning
and Zoning Board or the Historic Preservation Board shall be valid for a period of 24
months.
(6) Murals. Mural permits shall be valid for a period of 12 months from the approval date.
The installation of an approved mural shall be completed and inspected no later than 12
months from the approval date.
(G) Extensions. Extensions may be granted to a project approval, pursuant to the following:
(1) General.
(a) A written request for an extension must have been received by the City at least 45
days prior to the expiration date;
(b) The letter must set forth the basis and reason for the extension;
(c) The extension shall be considered by the same body that granted the original
approval;
(d) The extension, if granted, shall be for 18 months unless otherwise stated.
(2) Construction has commenced. When there are substantial improvements on the site but
the 25 percent establishment standard is not met, the granting body shall consider the
diligence and good faith of the developer to actually commence and complete
construction. In this case, an extension to the originally approved project without
change or without evaluation pursuant to subsection (3), which follows, shall be granted
to enable the developer to complete the project as opposed to allowing a continuing
approval in order to more readily sell the land and/or project. In considering "diligence
and good faith", the granting body shall consider:
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(a) When the construction commenced (construction which is commenced
immediately preceding expiration generally indicates a lack of good faith);
(b) The extent to which construction has proceeded;
(c) The extent to which a bonafide continuous effort to develop is evident but because
of circumstances beyond the control of the developer, it was not possible to meet
the 25 percent standard.
(3) No construction. When the project has not commenced construction, or construction
has not been deemed substantial, the request for extension shall be considered pursuant
to the following:
(a) The project shall be evaluated pursuant to the Land Development Regulations in
effect at the time of consideration of the extension request and shall comply with
such current requirements.
(b) Additional submittal information including a new application and copies of
previously submittal material may be required.
(c) The granting body must make findings applicable to the approved application type.
(d) The granting body may impose additional conditions of approval to ensure
compliance with any applicable changes to regulations or changes in circumstances
which have occurred since the previous approval.
(4) Litigation preventing construction. When a lawsuit is filed against the City, a
developer, owner or applicant challenging the granting of a development approval by
the City, an extension of the development approval shall be granted without further
review. The extension of time shall be effective until the litigation is concluded. In no
event shall the extension of time exceed seven years from the initial date of approval of
the development application. If the litigation is not resolved within a maximum of seven
years from the initial date of approval, the developer, owner or applicant shall be
required to follow the extension requirements of this Section. The litigation shall be
deemed to be concluded after all appeals have been exhausted and a Final
Order/Decision from the Court having jurisdiction over the matter has been entered.
This subsection does not apply to lawsuits filed by the developer, owner or applicant
against some other party, nor does it apply in any way to allow the developer, owner or
applicant to extend the 24-month deadline because of financial issues.
(a) This subsection does not apply to lawsuits filed by the developer, owner or
applicant against some other party, nor does it apply in any way to allow the
developer, owner or applicant to extend the 24-month deadline because of financial
issues.
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(b) To be eligible for an extension of time, the developer, owner or applicant seeking
an extension must send written notification and documentation that shows ongoing
litigation to the City within 30 days of the service of the suit, unless the City is a
party to the suit.
(c) Subsection 2.4.4(F)(4) shall also apply to those development applications that were
approved by the City prior to the adoption date of this ordinance, which approval is
still valid in that the approval period has not expired, but construction has not
commenced as litigation over the approval of the development application has
prevented the commencement of construction. In order to qualify under this
exception provided for in this paragraph, the developer, owner or applicant must
provide the required notification/documentation to the City within 30 days of the
adoption of this ordinance.
(5) Development orders eligible for extension by State of Florida Statutes must be
submitted prior to the expiration date.
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ARTICLE 2.3 - PRE-APPLICATION REQUESTS
This Article establishes procedures for preliminary review processes for potential
development to provide applicants with an informal, non-binding review of a proposal without
full submission and procedural requirements.
(A) Zoning Verification Letters
(1) General. An application for a Zoning Verification Letter (ZVL) may be submitted by
any individual seeking verification of the zoning status or other zoning-related
information of a specific parcel(s) of land.
(2) Review procedures.
(a) Applications. Applications shall be made pursuant to the requirements of Chapter
2. The applicant is solely responsible for the completeness and accuracy of the
information provided in the application.
(b) Staff review. Upon receipt of a completed application, the Director shall review
the application and issue a ZVL that may only address the following information:
1. The land use designation of the property.
2. The zoning district of the property.
3. A list of permitted uses in the property's zoning district.
4. Verification that a particular use is permitted within the property's zoning
district.
5. The development regulations applicable to the property.
6. Identification of any outstanding notice of violations issued for code
enforcement violations of the property.
(3) Duration, limitations, effect.
(a) Duration. Zoning Verification Letters do not expire; however, the Land
Development Regulations are continually under review and may change at any
time, and any ZVLs issued are subject to changes adopted after the issuance of the
letter. Applicants have the responsibility of ensuring that all applicable rules,
regulations, and circumstances have not changed subsequent to the issuance of a
ZVL.
(b) Limitations. If the Director determines that a ZVL was based on inaccurate,
incomplete, or misleading information or if the ZVL does not comply with this
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Chapter, then the Director at any time may issue a modified ZVL that complies
with this Chapter or revoke the ZVL.
(c) Effect. A ZVL does not authorize development activity. The determinations made
by a ZVL are not subject to appeal.
(B) Pre-application meeting. A pre-application meeting is required to avoid unnecessary delays
or confusion in the application and review processes. An informal meeting will be
scheduled among the applicant, Development Services staff, and other appropriate city staff
to discuss the proposal and to review any preliminary plans. The usefulness of the meeting is
largely dependent upon the accuracy of the information and level of detail provided by the
applicant. Discussions at the meeting must not be construed to be a preliminary approval of
the development concept as the Land Development Regulations are subject to change.
(C) Concept plan review by a board.
(1) General. A property owner, business owner, or potential developer may submit an
application to appear before the appropriate development board for an informal, non-
binding, concept plan review of a potential development proposal.
(2) Submission requirements. The depth of review is largely dependent upon the accuracy
of information and level of detail provided. A completed application must be received at
least 30 days prior to a regularly scheduled meeting of the Board that includes, at a
minimum, the following:
(a) A written description of the potential development including, but not limited to,
existing zoning, conditions, uses on the site, intended use, and proposed
improvements.
(b) A survey, photographs of existing conditions, or other representation of the
property to identify the site layout, existing improvements, and character.
(c) A graphic representation of the proposed modifications.
(3) Non-binding review. The material provided by the applicant shall be presented to the
review board as submitted, without staff review and analysis. The Board shall review
and comment on the potential development at a public meeting. No action will be taken
by the Board, no written report will be provided, and the discussions at the meeting
must not be construed to be a preliminary approval of the development concept.
(D) Sketch plan review by staff.
(1) General. An applicant may request informal sketch plan review of a potential
development proposal by the Director for a non-binding written assessment of a
proposal as it pertains to the City's Comprehensive Plan, development philosophy,
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availability of utilities and services, and general compliance with Land Development
Regulations.
(2) Submission requirements. A completed application must include, at a minimum, the
following:
(a) A letter stating the applicant’s interest in the property and a description of the
proposed development.
(b) A general location map and a survey or other representation of the property, which
identifies its general dimensions and character.
(c) A graphic representation of one or more ways the developer intends to develop the
property.
(3) Review and comment process. The application shall be distributed to the Technical
Advisory Committee (TAC) for review. Within 30 days of submission, the applicant
shall be invited to a TAC meeting to discuss the review of the proposal. Following that
meeting, the Director shall issue a non-binding letter of comment in accordance with the
intent of Subsection (C)(1) above.
(E) Combined review. An applicant may request a combination of the above processes and is
subject to both fees.
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ARTICLE 2.4. - DEVELOPMENT APPLICATION REQUIREMENTS
Section 2.4.1. - Applicability
The following requirements shall apply to all applications, unless otherwise modified for specific
articles in this Chapter.
Section 2.4.2. - Application Submittal Requirements
(A) Standard Forms and Requirements. All approvals requested under this Chapter require
submittal of a City application, including the information and items enumerated on the
submittal checklist accompanying the application form, and an application fee as established
by the resolution of the City Commission.
(B) Proof of Ownership. Proof of ownership shall be established by a copy of the most recent
warranty deed, as recorded with the County Clerk, a certificate from an attorney-at-law or a
title insurance company certifying the current fee simple title holders of record, and the
nature and extent of his or her interest therein. Corporations shall provide the names and
addresses of the corporation and principal executive officers.
(C) Authorization to File. If the applicant is other than a single person owner, the written
consent of the owners must be provided in a certified form. When an application is executed
on behalf of a corporation or a business entity, documentation must be provided that
demonstrates the corporation's representative is authorized to act on its behalf.
(D) Waiver or Combining of Submittal Requirements. The Director has the authority to waive or
allow the combining the submittal requirements, other than an application fee, on a case-by-
case basis, upon finding that such material is not relevant or necessary to fully analyze or to
make a determination relative to an application.
(E) Provision of Additional Information. The Director has the authority to require submission of
additional information or material on a case-by-case basis upon determination that such
information or material is necessary to adequately evaluate a development proposal.
Additional information or materials may be necessary based upon the scope of the request,
circumstances that are particular to the physical, locational, or historical aspects of the
property or properties, or if a change in regulations directly or indirectly creates the need for
the item.
(F) Fees. Application fees shall accompany each application, unless exempted in Subsection (E),
below. Application fees are established and amended by resolution of the City Commission.
Fees shall be charged in an amount to offset the costs incurred by the City to review and
process an application. Such costs include, but are not limited to, public notice
advertisements; public notice postage; and planning, engineering, scientific, technical, and
related professional and staff services necessary to process the application.
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(1) Cost Recovery. Applications requiring additional technical analysis by credentialed
professionals, such as traffic studies, Special Flood Hazard Areas, arborist reports, etc.
are subject to full cost recovery. The applicant is responsible for the costs of review to
be performed by an outside consultant selected by the City of Delray Beach. The
applicant shall pay prior to review an initial preliminary deposit of $10,000.00 which
shall be credited toward the overall costs and shall pay additional deposits of half of the
initial deposit whenever the account balance is 20 percent or less of the original deposit.
The review costs shall cover 100 percent of the city staff costs and outside consultant
fees required for the review. At the time the Director determines that no further action is
necessary for the review of the request, any remaining funds shall be refunded to the
applicant within two months of the determination.
(2) Fee Exemptions.
(a) Application and permit fees shall not apply to requests initiated by the City, any
agency of the City, or by other units of government.
(b) Waiver of payment of development application, plan check and permit fees may be
granted by the City Manager upon a written request from eligible non-profit and
service organizations. Those organizations eligible for waiver consideration are:
1. Non-profit organizations currently receiving a portion of their annual operating
budget from the United Way and/or the City and possessing a 501(c)(3)
designation from the Internal Revenue Code.
2. Service organizations, as defined by the City’s Special Event Policy, which
elect to sponsor and participate in special event and/or fund raising activities
that are of benefit to the general public. For this purpose, eligible organizations
must provide in writing the extent of their involvement with the proposed
activity. A group's physical presence (active involvement) during the event is
required.
(c) The waiver of fees is applied in the following manner:
1. For fees assessed for development applications, 100 percent of assessed fees
may be waived.
2. For Plan Check and Permit Fees, no more than 70 percent of the assessed fees
may be waived.
(3) Refunds. Refunds or partial refunds may be issued at the discretion of the Director for
an application withdrawn prior to Board review.
(G) Notice requirements. All notice information required pursuant to Article 2.6 must be
submitted with the application.
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Section 2.4.3. - Specifications for Plans and Documents
(A) Credential requirements of the preparer.
(1) Plans to be certified. The following submissions are to be signed and sealed by the
professional, as authorized by Florida Statutes):
(a) Boundary Survey, As-built Survey, and Sketch and Legal Description by a licensed
surveyor or licensed engineer;
(b) Traffic statement or study by a licensed engineer;
(c) A landscape plan by a licensed landscape architect;
(d) A site development plan by a licensed architect, a licensed landscape architect, or
licensed engineer;
(e) Final Engineering Plans by a licensed civil engineer;
(f) Photometric plans shall be signed and sealed by a licensed professional
knowledgeable in lighting design, an electrical engineer, or other licensed
professional that the Director deems qualified.
(g) Architectural elevations by a registered architect.
(h) Drainage plans prepared by a licensed engineer.
(i) Water and Sewer plans prepared by a licensed engineer.
(2) Exceptions.
(a) General. Exceptions to the above sign and seal requirement include the preparation
of plans, when allowed, by owners and others, who are not registered professionals,
pursuant to Florida State Statute.
(b) Site plans. A site plan to be certified as meeting conditions of approval must be
signed and sealed without exception. The Director may accept a site plan prepared
by an owner, or other person, when the site plan is considered as a preliminary
submission or when the essence of the review is to evaluate compliance with code
requirements as opposed to application of design principles to the proposed
development.
(B) Drainage plans.
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(1) General. Prior to approval of a plat, certification of a site plan, or issuance of a building
permit, the City Engineer shall review and approve the associated drainage plan(s).
(2) Required information. In addition to the standard application requirements, the
following information may also be required to approve a drainage plan:
(a) A standard application prepared for the South Florida Water Management District,
the Lake Worth Drainage District, or the Florida Department of Transportation.
(b) A permit issued by the South Florida Water Management District, the Lake Worth
Drainage District, or the Florida Department of Transportation, as appropriate or a
letter of exception from them.
(3) Procedures.
(a) Preliminary Plans: Such drainage plans shall be provided as a part of the
development application and shall be processed as are other portions of such
submission.
(b) Final Drainage Plans: A final drainage plan which requires approval by either
South Florida Water Management District, the Lake Worth Drainage District, or
the Florida Department of Transportation shall be submitted to them under separate
application with a copy of the submission, clearly noted as such, provided to the
City prior to, or concurrent with, a final plat or a request for certification of a site
plan or issuance of a building permit.
(4) Findings. Prior to approving any drainage plan, the City Engineer must find that the
drainage plan:
(a) Has been approved by the either South Florida Water Management District or Lake
Worth Drainage District, as appropriate and if necessary;
(b) Is in compliance with general engineering practice as exercised by the City of
Delray Beach; and,
(c) Is consistent with and compatible to the approved site plan, landscaping plan,
and/or associated plat.
(C) Water and/or sewer plans.
(1) General. Prior to approval of a plat, certification of a site plan, or issuance of a building
permit, as is appropriate, the Utilities Director, or designee, must review and approve
the associated water and sewer plans.
(2) Required information. The following information is required in order to certify the
acceptance of water and sewer plans:
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(a) A standard application prepared for the Florida Department of Health (DOH) or the
City of Delray Beach, as appropriate.
(b) A permit issued by the DOH or a letter from the City Director of Utilities stating
that such a permit is not required.
(3) Procedures.
(a) Preliminary plans and/or small scale projects. Such plans shall be provided and
reviewed as a part of the development application.
(b) Final plans. Final water and sewer plans which require DOH. approval shall be
submitted to the City's Utilities Department for review and approval prior to
forwarding to DOH. Such plans must be provided to the City prior to, or concurrent
with, a final plat or certification of a site plan. A project that does not require
review or approval by DOH, shall be reviewed and approved by the City.
(4) Findings. Prior to certifying any water or sewer plan, the Utilities Director, or designee,
must find that the plan:
(a) Has been approved by either the Florida Department of Health or the Director of
Utilities, as appropriate;
(b) Is in compliance with general engineering practice as exercised by the City of
Delray Beach; and,
(c) Is consistent with and compatible to the approved site plan, landscaping plan,
and/or associated plat.
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Section 2.4.4 - Annexations
(A) General. Any property owner with land located in an unincorporated area that is contiguous
to the municipal boundary of Delray Beach may request that his or her property be annexed.
Additionally, the City may initiate an annexation of private property if a water service
agreement has been executed, and as otherwise allowed pursuant to Florida Statutes.
(B) Submittal Requirements
(1) Voluntary Annexations: An application for voluntary annexation must be accompanied
by applications for a Land Use Map amendment and an amendment to the official zoning
map (“rezoning”), pursuant to submittal requirements in Chapter 2.
(2) City-Initiated Annexations: Requirements for non-voluntary annexations are as
established in Florida Statutes Chapter 171.
(C) Procedure
(1) Voluntary Annexation: A voluntary petition for Annexation must be processed
concurrently with land use and rezoning applications, which shall be processed in the
following general sequence.
(a) A request for voluntary annexation shall be in the form of an application to the
City. The application must identify the property to be annexed by legal description,
identify the points of contiguity on a survey, and identify the desired land use and
zoning designations.
(b) Within 10 calendar days of receipt of the application that bears the signatures of all
owners in the area proposed to be annexed, the City shall submit a copy of the
application to the County Administrator and County Planning Director pursuant to
Section 5 of Palm Beach County Ordinance No. 2007-018.
(c) Determination of sufficiency, followed by technical review of the complete
application.
(d) The proposed annexation shall be reviewed at a public hearing that has been
noticed pursuant to Article 2.6. The Planning and Zoning Board shall make a
recommendation to the City Commission based on the required findings.
(e) The City shall provide a copy of the notice via certified mail to the Board of
County Commissioners (F.S. 177.044) at least 10 days prior to publishing the first
newspaper notice for City Commission consideration of the ordinance.
(f) The ordinance for annexation shall be considered on first reading by the City
Commission at a public hearing noticed pursuant to Article 2.6. The ordinance
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must include a map that clearly shows the annexed area and a complete legal
description of the area by metes and bounds.
(g) If approved on first reading, the annexation shall be considered on second and final
reading. Notice of the hearing shall be published in a newspaper of general
circulation within the city at least once each week for two consecutive weeks. The
notice shall comply with Florida Statutes Section 171.044, as amended from time
to time.
(2) City-Initiated Annexation: City-initiated annexations require a recommendation of the
Planning and Zoning Board to the City Commission and shall be processed pursuant to
applicable requirements of Florida Statutes Chapter 171.
(D) Required Findings. The City Commission must make findings that the annexation is
consistent with the adopted Comprehensive Plan, as may be amended from time to time, and
that the annexation complies with Florida Statutes Chapter 171.
(E) Imposition of Conditions. Prior to consideration of an annexation ordinance, the City
Commission may require the applicant(s) to enter into a pre-annexation agreement that
provides for conditions precedent to annexation.
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Section 2.4.5. - Land Use Actions
(A) Amendments to the Comprehensive Plan.
(1) Amendments to the Comprehensive Plan shall be processed pursuant to the Florida
Community Planning Act in F.S. 163.3184 through 163.3253, as may be amended from
time to time.
(2) Requests to amend the Land Use Map are subject to the Performance Standards in
Chapter 3.
(3) Map amendments proposed within historic districts shall be reviewed by the Historic
Preservation Board and a recommendation made to the City Commission; all other
proposed Map amendments shall be reviewed by the Planning and Zoning Board and a
recommendation made to the City Commission.
(B) Change of zoning district designation.
(1) Initiation. Amendments to the Official Zoning Map (“rezoning”) may be initiated by
the city or by the owner of the property.
(2) General. The City Commission, by ordinance, after review and recommendation for
approval by the Planning and Zoning Board, may amend the Official Zoning Map.
(3) Required information. A complete application that includes the following:
(a) Traffic analysis that addresses the development of property under reasonable
intensity pursuant to the existing and proposed zoning
(b) A statement of the reasons for which the change is being sought must accompany
the application. Valid reasons for approving a change in zoning are:
1. The zoning had previously been changed, or was originally established, in error;
2. There has been a change in circumstance which makes the current zoning
inappropriate;
3. The requested zoning is of similar intensity as allowed under the Land Use Map
and that it is more appropriate for the property based upon circumstances
particular to the site and/or neighborhood.
(4) Procedure. A rezoning application shall be processed as follows:
(a) Determination of sufficiency, followed by technical review of the complete
application.
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(b) Review by any applicable advisory board for recommendation to the Planning and
Zoning Board.
(c) Consideration at a public hearing before the Planning and Zoning Board;
(d) Forwarding of a recommendation for approval to the City Commission and
consideration at first reading of the enacting ordinance;
(e) Public hearing before the City Commission and adoption or rejection at second
reading.
(5) Conditions. A rezoning may be conditioned in such a way to limit the intensity of
development when such a limitation is necessary in order to provide for concurrency or
to mitigate against the violation of an adopted level of service standard.
(6) Findings. In addition to provisions of Chapter 3, the City Commission must make a
finding that the rezoning fulfills at least one of the reasons listed under Subsection (3)
and is in furtherance of the public health, safety, and welfare.
(7) Limitations of rezonings. Consideration of a rezoning request after a denial is subject to
Article 2.2.
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Section 2.4.6 - Regulation of Uses
(A) Establishment of a Conditional Use.
(1) General. The City Commission, by motion, after review and recommendation for
approval by the Planning and Zoning Board may approve or reject a request for a
conditional use.
(2) Required information. Standard application items shall be provided. In addition, if
establishment of the use requires new improvements or substantial changes to existing
improvements, a sketch plan showing the extent of those improvements shall be
provided. At its discretion, the Planning and Zoning Board may require submission of a
site plan prepared pursuant to City standards. At the applicant's discretion, a
simultaneous site plan application and conditional use application may be filed.
(3) Procedure. A conditional use request shall be processed through the following
sequence:
(a) Determination of sufficiency, followed by technical review of the complete
application.
(b) Review by any applicable advisory board for recommendation to the Planning and
Zoning Board.
(c) Consideration at a public hearing before the Planning and Zoning Board.
(d) Forwarding of a recommendation of approval to the City Commission.
(e) Action by motion of the City Commission to either approve, approve subject to
conditions, or deny.
(4) Conditions. Conditions may be imposed pursuant to Article 2.2. In addition, limitations
on the hours of operation and/or the longevity of the use may be imposed.
(5) Findings. In addition to provisions of Chapter 3, the City Commission must make
findings that establishing the conditional use will not:
(a) Have a significantly detrimental effect upon the stability of the neighborhood
within which it will be located.
(b) Hinder development or redevelopment of nearby properties.
(6) Modification of a conditional use approval. An approved conditional use may be
modified. If the modification involves only the implementation of or compliance with
the conditions of approval, the modification may be approved by the Director. If the
modification involves intensity of use or hours of operation, the modification must be
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approved by the Planning and Zoning Board. If the Board finds that the requested
modification is significant, then the modification must be heard as a new Conditional
Use application. Any request for a modification may be denied.
(7) Abandonment of an established conditional use. When an established conditional use
is discontinued or abandoned for a continuous period of 180 days, or an intervening use
is established, the conditional use may not be reestablished without a new application
for said conditional use being filed, reviewed, and approved pursuant to this Subsection
(E).
(B) Revocation of an established conditional use. The City Commission shall have the
authority to revoke or modify an established conditional use with the concurring vote of four
members.
(1) Procedure.
(a) The City Attorney shall prepare a written notice of violation to the property owner,
business owner, and property manager citing the violation and time frame to
correct the violation(s).
(b) If violations are not corrected within the stated time frame, the City will notify the
aforementioned parties by certified mail at least 30 days in advance of the public
hearing date where the revocation of the conditional use permit will be considered.
(c) Notification of the public hearing shall be published in the official newspaper at
least ten (10) days prior to the hearing, and written notification of said hearing
shall be mailed at least ten (10) days prior to all property owners within 500 feet of
the perimeter of the property under consideration.
(d) Development Services staff shall prepare a report for the public hearing and include
the details of the violation(s), revocation findings, and an analysis of the terms of
approval in consideration of the violation(s).
(2) Findings. A conditional use may be revoked by the City Commission only upon
making a finding that:
(a) The approval of the conditional use was obtained by misrepresentation of material
fact; or
(b) The conditional use is not being exercised in compliance with the terms of
approval; or
(c) The conditional use is having a significantly detrimental effect upon the stability of
the neighborhood; or
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(d) The conditional use is hindering development or redevelopment of nearby
properties.
(3) Revocation Terms. If City Commission finds that the conditional use must be revoked:
(a) Operation of the use and/or the non-compliant component of the use (i.e. hours of
operation) shall cease immediately.
(b) Any improvements associated with the non-compliant component of the use must
be removed immediately.
(c) If a permit or other approvals are necessary for compliance with the revocation,
then the removal must be complete within 60 days of the revocation.
(C) Zoning Certificate of Use
(1) General. A Zoning Certificate of Use is an administrative action by the Director
required for any change of use to an allowed use, addition of use(s), or a change in
business within an existing building where no exterior site improvements are required
or proposed.
(2) Submittal requirements. A completed application with a site survey, an exhibit
showing the business floor plan, and any additional documentation necessary to assess
the proposed use.
(3) Procedure. A Zoning Certificate of Use shall be processed as follows:
(a) Determination of sufficiency, followed by technical review of the complete
application.
(b) The Director may approve, approve with conditions, or deny the application.
(c) An approval by the Director is required prior to application for a business tax
receipt.
(4) Conditions. The Director may impose reasonable conditions upon the issuance of a
Zoning Certificate of Use.
(5) Expiration. Approval of a zoning certificate of use shall be valid for a period of 180
days from the date of approval by the Director. If a business tax receipt application is
not submitted prior to the expiration date, a new zoning certificate of use must be
requested, and a new fee will be required.
(D) Determination of similarity of use.
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(1) General. A determination of Similarity of Use shall be made only by the Planning and
Zoning Board.
(2) Required information. A complete application that includes a written statement
identifying:
(a) The requested use and its description;
(b) The appropriate zoning designation; and
(c) Rationale as to why the use should be deemed similar to other uses already allowed
in the identified zoning district.
(3) Procedure. Upon receipt of a complete application, the request will be distributed to the
City Manager and the City Commission with the date of the Planning and Zoning Board
hearing. The request shall be placed on the next available agenda of the Planning and
Zoning Board at which time action will be taken.
(4) Conditions. The imposition of conditions is not appropriate as this item is an
interpretation of the zoning code.
(5) Findings. Prior to approving a requested determination of similarity of use, the
Planning and Zoning Board must find that the requested use is, indeed, similar to other
uses allowed in the zoning district and is in keeping with the stated purpose of the
district.
(E) Temporary use permit. A temporary use permit is required for any of the uses listed below.
The granting authority of each use is as follows:
TABLE 2.4.3-A – Granting Authority for Temporary Use Permits
Granting Authority Use
City Commission Circuses or Carnivals
City Operated Facilities
Seasonal Farmer's Market
Temporary Parking Lots
Horse Drawn Carriage Rides, Ice Skating
Rink, Carousel, and Other Related
Holiday, Seasonal/Temporary Uses
Chief Building Official Sales Offices and Models at a Residential
Development Site
Construction Trailers and Compounds
City Commission or Chief Building Official Uses under a Tent
(1) Rule. No temporary use shall be allowed except as provided in this Subsection or as
otherwise provided for in these regulations.
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(2) Procedures. Upon receipt of a complete application, the granting authority shall take the
request under consideration and upon assurance that all applicable regulations and
requirements will be met, the authority shall issue a temporary use permit for a period of
time as specified in the permit.
(3) Regulations and restrictions.
(a) Uses under a tent.
1. The use of a tent, or tents, shall only be as follows:
a. The sale of seasonal items which, when protected from the sun, provides
for a less hazardous product for public use (i.e. Christmas tree sales);
b. Shelters to protect the public from the elements. Tents for these uses can
be approved for up to three days by the Chief Building Official. Requests
for more than three days up to a maximum of seven days require City
Commission approval.
c. The use of tents for retail sales or other commercial use that are not
specified in this section is prohibited.
2. The tent and site shall comply with the following:
a. The tent shall be approved by the Fire Marshall for fire resistance.
b. Adequate fire protection equipment, of a type and capacity as approved by
the Fire Marshall, shall be provided on the premises at all times.
c. Payment of a permit fee and a deposit which shall be returned upon
determination by the Chief Building Official that all debris resulting from
the use has been removed from the site.
d. Permits for electrical and health and sanitation facilities, as applicable.
(b) Seasonal farmer's market.
1. A farmer's market may be permitted within that portion of the City's
Transportation Concurrency Exception Area that is west of the Intracoastal
Waterway, for the purposes of downtown revitalization, subject to the following
restrictions:
a. The market must be sponsored by the Community Redevelopment
Agency, the Downtown Development Authority, or other agency which is
formulated for the purposes of economic development as approved by the
City Commission.
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b. Operation of the market is to be limited to the growing season (generally,
November through May), but not more than one day per week, unless
specifically authorized by the City Commission. The Commission shall
establish the specific days and hours of operation, as well as the duration
of the temporary use permit.
c. Products to be sold shall consist of agricultural produce, plants and
flowers; baked goods; and cheeses. The City Commission may also at its
discretion approve the limited sale of related products such as handmade
crafts, prepared foods, and promotional items bearing the name of the City
and the market. The sale of such additional items, if approved, shall be
limited to a specific number or percentage of the total vendors.
d. The Commission may approve the design elements of the market (i.e. site
layout, types of tents/booths to be erected, etc.), or may defer such
elements to the Site Plan Review and Appearance Board (SPRAB) or the
Historic Preservation Board (HPB), as appropriate. All elements must
comply with applicable health, safety, and fire codes.
e. Permits for electrical and health and sanitation facilities, as applicable,
shall be obtained.
(c) Horse drawn carriage rides, ice skating rink, carousel, and other related holiday,
seasonal/temporary uses.
1. The horse drawn carriage rides, ice skating rink, carousel, and other related
holiday, seasonal/temporary uses must be sponsored by the City, Community
Redevelopment Agency, the Downtown Development Authority, or other
agency which is formulated for the purposes of economic development as
approved by the City Commission. The owner/operator of the horse drawn
carriage rides must have a license agreement approved by the City
Commission prior to commencing the use.
2. In addition to the holiday, seasonal, and temporary uses allowed, horse drawn
carriage rides are also permitted for certain special events under the terms and
for the times permitted in a license agreement. Horse drawn carriage special
event rides not specifically authorized above, are only permitted between 6:00
p.m. and 10:00 p.m. from June 1 through November 1, except for weddings,
which may also occur between the hours of 8:00 a.m. and 12:00 noon from
June 1 through November 1.
(d) Temporary parking lots.
1. A temporary parking lot may be permitted within the following areas:
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a. The portion of the Central Business District (CBD) and Community
Facilities (CF) District which is bounded by Swinton Avenue on the west,
the Intracoastal Waterway on the east, N.E. 2nd Street on the north, and
S.E. 2nd Street on the south;
b. The portion of the CBD District which is bounded by N.E. 2nd Avenue on
the west, the FEC Railway on the east, N.E. 2nd Street on the south, and
N.E. 4th Street on the north;
c. The portion of the CBD located east of the Intracoastal Waterway;
d. The non-residential zoning districts bounded by Swinton Avenue on the
east, I-95 on the west, N.W. 1st Street on the north, and S.W. 1st Street on
the south.
2. Temporary parking lot spaces shall not be used to fulfill minimum off-street
parking requirements for new development or redevelopment. Temporary lots
may be used to supplement required parking.
3. Prior to issuance of the temporary use permit, the applicant shall submit a site
plan which includes proposed grade elevations, landscaping and other
information which addresses the regular maintenance of the parking surface and
irrigation of the landscaped areas.
4. The City Engineer shall approve the grading plan for the parking lot. The site
plan shall be reviewed and recommended for approval by the Parking
Management Advisory Board prior to submission to the City Commission for
consideration.
5. Permits for temporary parking lots shall be issued for a one-year period. Permits
may be renewed annually to a maximum of three years upon review and
positive recommendation by the Parking Management Advisory Board.
6. The temporary parking lot shall be monitored for compliance with the approved
plan. Should the City Manager find that the operation of a lot is not in
compliance or if the lot has an adverse effect on surrounding properties, and the
applicant is unable or unwilling to rectify the problem the permit may be
reviewed by the City Commission for possible revocation.
7. Within 30 days of expiration of the permit, all rock or gravel surfaces shall
either be removed or covered with top soil. The site shall then be sodded or
landscaped as determined acceptable by the Planning and Zoning Department.
8. A temporary parking lot shall be constructed to the following specifications:
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a. The parking lot surface shall be brought to grade with a dust-free surface
of one of the following materials over soil which has been compacted to
95 percent maximum density per AASHTO T-180:
b. Four inches of pearock, gravel or river rock; or
c. Six inches of mulch.
d. If the lot is not operated on a 100 percent valet basis, wheel stops shall be
provided as a means to indicate individual spaces. The size of the parking
spaces, maneuvering areas and aisle widths shall be subject to the
standards of Section 4.6.9(D)(4). In addition, the parking lot shall meet the
requirements of the "Florida Accessibility Code for Building
Construction".
e. If the lot is operated on a 100 percent valet basis, then wheel stops shall be
provided at the edge of the parking surface.
f. The lot shall meet the requirements of Section 4.6.9(D)(3) for access to the
street system. Driveway aprons between the edge of pavement and the
right-of-way line shall be constructed of asphalt or concrete.
g. The parking lot perimeter shall be buffered with a minimum three feet wide
landscape strip, screened with a minimum two feet high hedge or four feet
high opaque fence. Water for irrigation shall be available within 50 feet of
all landscaped areas.
h. If the parking lot is to be utilized at night, the applicant shall provide on-
site lighting for the parking lot in compliance with photometric
requirements.
i. Trees of four inches or greater diameter at four and one-half feet above the
ground shall not be removed.
Section 2.4.7 - Amendments to the Land Development Regulations
(A) Amendment to the Land Development Regulations (LDR). Amendments to the LDR may
be initiated by the City Commission, City administration, or by a member of the public.
(1) Board Recommendations. Members of the City Boards may request an amendment
pursuant to the following procedures:
(a) The Development Services Management Group (DSMG) may recommend LDR
amendments to the City administration for initiation.
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(b) City Boards may recommend LDR amendments via memo to the City Commission
for consideration of initiation.
(2) Privately Initiated Amendments. Members of the public may request an amendment
pursuant to the following procedures:
(a) Sponsorship
1. At least one member of the City Commission shall sponsor the proposed
amendment at a public meeting for formal presentation of the request at a City
Commission Workshop for consideration.
2. At the workshop meeting, at least three Commissioners must support the
request. Applications for a privately initiated amendment shall only be
accepted by the Development Services Department after consideration and
support at a City Commission Workshop and must be submitted within 90 days
of the City Commission Workshop where the amendment was sponsored.
3. Whenever the City Commission has denied a request for sponsorship for an
amendment to the LDR, the City Commission shall not thereafter consider any
further sponsorship for the same type of individually initiated amendment for a
period of 36 months from the date of such action.
4. Requests shall not significantly deviate from the amendment considered by the
City Commission at the Workshop by including additional unrelated
amendments or development standards, proposing higher density or intensity,
adding uses that were not discussed or understood to be part of the initial
request, etc.
(b) Required information. The following information must be submitted for an
amendment to the LDR:
1. A statement explaining the request, that includes a rationale for the requested
amendment; and
2. A draft of the proposed ordinance, submitted in both hardcopy and electronic
format approved by the City that includes the appropriate whereas clauses and
amendments, such as but not limited to text with deletions shown by
strikethrough and additions shown by underline, graphics, maps, or other
information; and
3. An analysis of the amendment and its potential impacts or benefits, including
supporting documentation such as exhibits, graphs, similar regulations from
other municipalities, etc.
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(3) Procedure. An amendment to the LDR shall be processed through the following
sequence:
(a) An application may be submitted after securing City Commission sponsorship.
(b) Determination that the application is sufficient, followed by a technical review of
the complete application.
(c) If a proposed amendment would affect historic districts or properties, consideration
before the Historic Preservation Board for recommendation to the Planning and
Zoning Board.
(d) Consideration at a public hearing before the Planning and Zoning Board.
(e) Forwarding of a recommendation to the City Commission and consideration at first
reading of the enacting ordinance.
(f) Public hearing before the City Commission and consideration at second reading.
(4) Modification. The proposed amendment to the LDR may be revised by the Planning
and Zoning Board, Historic Preservation Board, or the City Commission.
(5) Findings. For any approval, the City Commission must make a finding that the text
amendment is consistent with the Comprehensive Plan, and that the amendment furthers
the implementation of an adopted neighborhood plan, if applicable.
(6) Limitations of amendments.
(a) Except for City initiated amendments, whenever the City Commission has denied
an application for an amendment to the LDR, the City Commission shall not
thereafter consider any further application for the same type of individually
initiated amendment for a period of 36 months from the date of such action.
(b) The time limit stated above may be waived by three affirmative votes of the City
Commission when such action is found necessary to prevent injustice or to
facilitate the proper development of the City.
(c) The above limitation shall not apply to a petition that expires during processing or
denied in a manner deemed as "without prejudice."
Section 2.4.8. - Subdivisions and Plats
(A) General. A plat is required for the subdivision of any lot, tract or parcel of land; and for the
dedication, layout, opening or construction of any street, storm sewer, sanitary sewer, water
main, or other facility for public use or for the common use of building occupants. This
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Section applies to all lands within the incorporated area of the city except as specifically
exempted in Chapter 5 of the Land Development Regulations. Subdivision of land within
the city may be accomplished by either major subdivision (platting) or minor subdivision
(boundary plat or lot split), as defined in Appendix A. Requirements for the subdivision of
land are found in Chapter 5 of the Land Development Regulations and Chapter 177, Florida
Statutes.
(B) Major subdivision (platting).
(1) General. The major subdivision process, which generally involves the creation of more
than three individual lots, shall involve both the Planning and Zoning Board and the
City Commission. The City Commission shall be the final authority in the subdivision
review process. The City Commission may approve or deny a plat.
(2) Required information. The following information must be presented in a subdivision
(platting) submittal:
(a) Standard application items
(b) Standard plat items
(c) Engineering Plans
(d) Receipted copies of applications for all permits required for water, sewer, drainage,
and public street improvements that must be permitted by agencies other than the
City.
(e) Preliminary cost estimates for the construction of public improvements.
(3) Procedure. A major subdivision plat shall be processed through the following sequence:
(a) Determination that the application is sufficient, followed by a technical review of
the complete application.
(b) Major subdivision plats requesting relief in historic districts shall have a preliminary
review by the Historic Preservation Board for recommendation to the Planning and
Zoning Board.
(c) Receipt and acceptance of surety.
(d) Consideration by the Planning and Zoning Board.
(e) Consideration and determination by the City Commission.
(f) Upon approval, the Mayor shall execute the plat on behalf of the City.
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(g) After execution by the City, the plat shall be recorded pursuant to procedures
established by the City Clerk.
(4) Conditions.
(a) A major plat may receive a conditional certification by the Planning and Zoning
Board but conditions shall apply only to items that cannot be immediately obtained
from other agencies by the applicant. Otherwise, a final plat shall be in final form
and ready for execution when forwarded to the City Commission.
(b) A major plat shall not be approved subject to conditions.
(5) Findings. The City Commission must make a finding that the Final Plat is consistent
with the Performance Standards in Chapter 3.
(D) Minor subdivision (boundary plat, lot split).
(1) General. The platting of a minor subdivision shall involve only the City Commission.
The City Commission shall be the final authority in this subdivision process. The City
Commission may approve or deny the final plat.
(2) Required information. The following information must be presented in a subdivision
(platting) submittal:
(a) Standard Application Items
(b) Standard Plat Items
(c) Engineering Plans
(d) Receipted copies of applications for all permits required for water, sewer, drainage,
and public street improvements which must be permitted by agencies other than the
City.
(e) Preliminary cost estimates for the construction of public improvements.
(3) Procedure. A minor subdivision plat shall be processed through the following
sequence:
(a) Determination the application is sufficient, followed by a technical review of the
complete application.
(b) Minor subdivision plats requesting relief in historic districts shall have a
preliminary review by the Historic Preservation Board for recommendation to the
City Commission.
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(c) Receipt and acceptance of surety;
(d) Consideration by the City Commission at which time the final plat may be
approved or denied;
(e) Upon approval, the Mayor shall execute the plat on behalf of the City;
(f) After execution by the City, the plat shall be recorded pursuant to procedures as set
forth by the City Clerk.
(4) Conditions. A final plat for a minor subdivision shall not be approved subject to
conditions.
(5) Findings. No specific findings are necessary for the approval of a plat for a minor
subdivision except that when it is a boundary plat for a single parcel which is to be
developed pursuant to an approved site and development plan, a finding must be made
by the City Commission that the plat is consistent with the findings made upon approval
of the site and development plan.
(E) Vacation of recorded plats.
(1) General. A plat, or any part of, a plat may be vacated by the owner of the land at any
time prior to the sale of any lot therein provided that the vacating is approved by the
City Commission. When lots have been sold, a plat may be vacated only if all the
property owners join in written execution of such in writing.
(2) Required information. The following information must be submitted in order to vacate
a recorded plat:
(a) Proof of ownership pursuant to Article 2.4;
(b) A certified copy of the plat which is to be vacated;
(c) A petition, by letter, stating the action which is sought and the basis therefore;
(d) The legal instrument which is to effectuate the vacation.
(3) Procedures. An application for vacation of a recorded plat shall be accomplished in the
following manner:
(a) Determination of sufficiency, followed by technical review of the complete
application.
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(b) Review by the Planning and Zoning Board with respect to appropriateness of the
proposed action and its implications on the publics rights in any of its public uses,
improvements, streets, etc.;
(c) Review of the proposed legal instrument that will affect the vacation with respect to
form by the City Attorney;
(d) Consideration by the City Commission at which time the request may be approved
or denied;
(e) Recording of the legal instrument pursuant to procedures established by the City
Clerk.
(4) Conditions. A vacation instrument may not be conditionally approved; however, the
instrument may require the applicant to mitigate adverse impacts associated with the
vacation.
(5) Findings. Prior to approving a vacation of a recorded plat, the City Commission must
find that the abandonment of any affected public interest or public improvement that
was or would have been created by the plat, but which would not now be provided shall
not have a significantly adverse impact upon the City's ability to obtain, retain, or
maintain public facilities or tests of concurrency.
Section 2.4.9. - Public Right of Way and Easement Abandonments
(A) Applicability. This section governs the abandonment of public rights-of-way and public
easements. Public rights-of-way include, but are not limited to, streets and alleys. Public
easements may include, but are not limited to, those for utilities, sidewalks, ingress and
egress, and landscaping.
(B) Abandonment of rights-of-way.
(1) General. Public right-of-way may be abandoned (returned) to the fee description of
adjacent property to the same degree in which it was originally obtained, i.e. property
dedicated exclusively from a single parcel shall be returned to that parcel; property
dedicated through subdivision shall be divided at the center line and returned equally to
abutting parcels. Abandonment of right-of-way may be granted by a formal resolution
enacted by the City Commission.
(2) Effect of Abandonment. Once abandoned, a right-of-way is returned to the fee
description of abutting property to the same degree in which it was originally obtained,
(i.e. property dedicated exclusively from a single parcel shall be returned to that parcel;
property dedicated through subdivision shall be divided at the center line and returned
equally to abutting parcels).
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(3) Required information.
(a) A standard application.
(b) A survey of the property which is to be abandoned with said survey showing all
improvements (including utility locations) which are within or immediately
adjacent to the property to be abandoned; and including adjacent property lines and
identification of property owners and business located thereon.
(c) A mailing list that complies with Article 2.6.
(4) Procedure. Upon receipt of the above information, the following procedures shall be
followed under the direction of the Director:
(a) Determination of sufficiency, followed by technical review of the complete
application.
(b) The Director shall distribute the application and survey to all utilities who have or
may have facilities within, or adjacent to, the right-of-way or easement, and to
appropriate City Departments for review by the Technical Advisory Committee.
(c) Public notice shall be made pursuant to the requirements of Chapter 2.
(d) Upon receipt of all review comments, the application with the recommendation of
the City Engineer shall be forwarded for review at an advertised public hearing
before the Planning and Zoning Board. The recommendation of the Planning and
Zoning Board shall be forwarded to the City Commission.
(e) If approved, the abandonment shall be approved by a resolution of the City
Commission. After adoption, the resolution shall be recorded in the public records
of Palm Beach County. Where deemed necessary by the City Engineer, an
abandonment shall be consummated through the filing of a boundary plat, or replat,
of the property to be abandoned and the receiving properties.
(5) Conditions. Conditions may be imposed upon an abandonment to:
(a) Ensure timely consummation.
(b) Ensure compliance with required findings.
(c) Require enhancement of the right-of-way proposed for abandonment in order to
accomplish certain objectives and policies of the Comprehensive Plan e.g., street
beautification.
(d) Require replacement easements and/or relocation of existing utilities, as may be
appropriate.
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(e) Cause reversion or voiding of the abandonment in the event of a failure to comply
with other conditions.
(6) Findings. Prior to granting an abandonment the City Commission must make the
following findings:
(a) That there is not, nor will there be, a need for the use of the right-of-way for any
public purpose.
(b) That the abandonment does not, nor will not, prevent access to a lot of record.
(c) That the abandonment will not result in detriment to the provision of access and/or
of utility services to adjacent properties or the general area.
(C) Abandonment of public easements.
(1) Rule. A general utility easement dedicated to the City or to the Public may be
abandoned. Abandonment of such easements may be granted by a formal resolution
enacted by the City Commission.
(2) Effect of abandonment. Once an easement is abandoned, its encumbrance upon private
property is eliminated, and the public has no rights to use the land formerly within the
easement for the purpose(s) granted.
(3) Required information.
(a) A standard application form.
(b) A survey of the property within the easement which is to be abandoned with said
survey showing all improvements (including utility locations) which are within or
immediately adjacent to the easement.
(c) A copy of the original plat, or portion thereof, or a copy of the original instrument
which created the easement.
(4) Procedure. Upon receipt of the above information, the following procedures shall be
followed under the direction of the City Engineer:
(a) Determination of application sufficiency.
(b) Distribution of the application and survey to all utilities who have or may have
facilities within the easement or adjacent to it.
(c) Upon receipt of all review comments, the application with the recommendation of
the City Engineer shall be forwarded to the City Commission for action.
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(d) If approved, the abandonment shall be consummated through the recordation of the
enacting resolution.
(5) Conditions. Conditions may be imposed upon an abandonment to:
(a) Ensure timely consummation.
(b) Require replacement easements and/or relocation of existing utilities, as may be
appropriate.
(6) Findings. Prior to granting an abandonment the City Commission must make a finding
that the abandonment will not result in detriment for the provision of utility services to
adjacent properties or the general area.
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Section 2.4.10. - Site Plan Applications (Level 1, Level 2, Level 3, and Level 4) and Master
Development Plans.
(A) Site Plan Applications
(1) General. A site plan application is required for all exterior site or building
improvements or modifications, and/or new construction associated with a multi-family
residential, commercial, or mixed-use development. Single family homes and duplexes,
and associated site improvements, are reviewed for compliance with the Land
Development Regulations (LDR) through the building permit approval process.
(a) Level 1. Level 1 Site Plan applications include improvements or modifications to
existing development that do not increase building square footage and are
generally limited to landscaping, hardscaping, architectural elevations, materials,
and colors.
(b) Level 2. Level 2 Site Plan applications include new construction, additions to an
existing building, or the conversion of an existing single-family residence or
duplex, consisting of no more than a total of five dwelling units for multi-family
residential development or 15,000 gross square feet of mixed-use or non-
residential development.
(c) Level 3. Level 3 Site Plan applications include new construction, additions to an
existing building, or the conversion of an existing single-family residence or
duplex, consisting of more than a total of five dwelling units for multi-family
residential development or 15,000 gross square feet of mixed-use or non-
residential development.
(d) Level 4. Level 4 Site Plan applications include requests that could otherwise be
classified as a Level 2 or Level 3 Site Plan application but have concurrent request
requiring final action by the City Commission for one or more of the following:
1. Increase of height or density as part of a City workforce housing or incentive
program.
2. Utilization of the Central Business District (CBD) Incentive Program.
3. Approval of Conditional Use.
4. Granting of an In-lieu of Parking Fee request.
5. Approval of Waiver(s) not otherwise authorized to other approving bodies.
(e) Cumulative Reviews. Excluding Level 1 Site Plan applications, only one site plan
application per development or property shall be submitted for review and action at
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a time. Review thresholds are cumulative and are subject to gross square footage
amounts and/or number of units.
(2) Procedure.
(a) Determination of sufficiency, followed by technical review of the complete
application.
(b) Review by any applicable advisory board for recommendation to the approving
authority or body.
(c) Administrative Review.
1. Level 1 and Level 2 Site Plan applications may be approved, denied, or
approved with conditions pursuant to Article 2.2 by the Director. The Director
has the sole discretion to elevate Level 1 and Level 2 Site Plan applications to
board review with a written determination for the action.
2. All applications made under Chapter 166, Florida Statutes may be approved,
denied, or approved with conditions pursuant to Article 2.2 by the Director,
except as board or City Commission approval may be required by these Land
Development Regulations and consistent with the statute.
(d) Board Review. The following applications require board action:
1. Level 1 and Level 2 Site Plan applications associated with a Certificate of
Appropriateness (COA), inclusive of any variances or waivers, require action
by the HPB.
2. Level 1 and Level 2 Site Plan applications that are dependent upon waiver
relief require action by the SPRAB and/or the City Commission.
3. A Level 2 Site Plan application that is dependent upon a related variance
requires action by the Planning and Zoning Board and shall include any other
relief that does not require action by the City Commission.
4. Level 3 Site Plan applications require action by the Planning and Zoning Board
or Historic Preservation Board.
5. Level 4 Site Plan applications require review and recommendation by the
Planning and Zoning Board and/or Historic Preservation Board prior to action
by the City Commission.
(3) Findings. All site plan applications require compliance with the applicable regulations
and review criteria and shall be consistent with the Comprehensive Plan and other local
ordinances.
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(a) Formal findings are not required for Level 1 Site Plan applications.
(b) Level 2, Level 3, and Level 4 Site Plan applications require compliance with the
findings in Chapter 3, Performance Standards.
(c) Landscape Plans, including modifications to existing landscaping, shall be
consistent with Section 4.6.16, Landscape Regulations.
(d) Architectural Elevations, including modifications to existing building facades,
require an overall determination of consistency with the objectives and standards
of Section 4.6.18, Architectural Elevations and Aesthetics, and any adopted
architectural design guidelines and standards, as applicable.
(e) Site Plan applications that include a variance(s) are subject to the findings of
Section 2.4.11(A).
(f) Site Plan applications that include a waiver(s) are subject to the findings of
2.4.11(B).
(4) Conditions. Conditions may be imposed by the Director or the acting body pursuant to
Article 2.2.
(5) Appeals.
(a) Final action by the Director on Level 1 or 2 Site Plan applications may be
appealed by the applicant to the Site Plan Review and Appearance Board
(SPRAB) or HPB for reconsideration.
(b) Approvals by the Director on Level 2 Site Plan applications shall be reported to
the City Commission on the Appealable Report.
(c) All final board actions on Site Plan applications, except Variances, shall be
reported to the City Commission on the Appealable Report.
(6) Certification. Following any appealable period, final approved site plans, whether
approved administratively or by a Board, shall by certified by the Director.
(B) Master Development Plans
(1) General. A Master Development Plan (MDP) is a land-use plan focused on one or more
parcels that identifies site access and general improvements and shall be the guide for
any subsequent site plan, subdivision action, and/or certificate of appropriateness. A site
plan shall be required for any phase or for the entire area encompassed by a MDP. A
MDP is required for properties within certain zoning districts or for phased projects.
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(2) Procedure. A MDP application shall be processed through the following sequence:
(a) Determination of sufficiency, followed by technical review of the complete
application.
(b) Consideration at a public meeting before the Planning and Zoning Board, or the
Historic Preservation Board, as appropriate.
1. A 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.
2. A MDP for property located within a designated historic district or on an
individually listed property shall be approved by the Historic Preservation
Board.
(c) Variances and waivers to the requirements of base district standards and
supplemental district regulations may be granted by the approving body concurrent
with approval of the MDP without the requirement of a separate public hearing.
(d) Upon approval of a MDP, the approved 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 every respect with the MDP except as may be modified
pursuant to Section 2.4.5(G).
(e) Modifications or a change in use to an approved MDP require application and
approval by the appropriate approving Board.
(3) Conditions. Conditions may be imposed by the appropriate Board for site plans
pursuant to Article 2.2.
(4) Findings. In addition to provisions of Chapter 3, the approving body must make a
finding that development of the property as represented by the 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.
(5) Certification. Following any appealable period, approved Master Development Plans
shall by certified by the Director.
(C) Murals.
(1) General. Murals may not be installed except as authorized by the City through the
issuance of a "mural permit." A mural permit is a Board Order issued by the Public Art
Advisory Board or Historic Preservation Board. If a mural is appealed and acted on by
the City Commission, then the mural permit is in the form of a Resolution. The Board
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Order or the Resolution shall contain the date of approval and vote and include the
mural as an attached exhibit.
(2) Procedure. Upon submission of a complete Mural application, the Public Art Advisory
Board and/or Historic Preservation Board shall review and evaluate the mural
application to determine conformity with Section 8.5.3, Murals, and any applicable
sections of the Florida Building Code. The Board shall act on the mural application at
the next available meeting.
(3) Enforcement. Enforcement of this section shall be by Title 3, Chapter 37, of the City's
Code, or any other remedies as provided by law and as further stated herein.
(a) A mural permitted by the City prior to the adoption of this section shall remain
valid, and the owner or artist is not required to re-apply for approval following the
adoption of Ordinance No. 22-20 on August 11, 2020.
(b) In the event that a mural is installed without permit, the applicant will be charged
three times the application fee.
(c) In the event of a violation of the terms of this section, the City may employ all
penalties and remedies set forth in Title 3, Chapter 37, "Delray Beach Code
Enforcement," and in addition, may rescind any mural permits at the property
found to be in violation. This provision is supplemental to all other remedies and
penalties provided by law. If a permittee fails to timely remove any mural on a
property found to be in violation within 30 days of the decision being made final,
the City may enter onto the property and remove any mural on the property, and
may assess costs of such removal on the permittee.
Section 2.4.11. - Relief
(A) Variances. A variance is a departure from the dimensional or numeric requirements of these
land development regulations where such variance will not be contrary to the public interest
and where, owing to the existing conditions peculiar to the property and not the result of the
actions of the landowner, a literal enforcement of the regulations would result in
unnecessary and undue hardship.
(1) General. A variance shall only be considered by the Board of Adjustment, the Planning
and Zoning Board, or the Historic Preservation Board, as identified in this Chapter.
(2) Prohibited Variances. Boards do not have the authority to grant variances for the
following:
(a) Uses
(b) Architectural elevations
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(c) Landscaping
(d) Signs and signage, except as authorized for historic properties in Section 4.6.7
(e) Density
(f) Building height
(g) Comprehensive Plan requirements
(3) Required information. The applicant must file an application for a variance with the
Development Services Department that includes a petition setting forth the
requirements, with reference to code section, for which the variance is sought along
with the basis for the associated hardship.
(4) Process. A request for a variance generally shall be processed in the following manner:
(a) Determination of sufficiency, followed by technical review of the complete
application.
(b) Consideration at a public hearing before the Board of Adjustment, Historic
Preservation Board, or Planning and Zoning Board, as applicable.
(c) All actions are final unless an appeal is filed. Appeals to actions of the Board of
Adjustment or the Planning and Zoning Board may be filed with the Circuit Court
of Palm Beach County. Appeals to actions of the Historic Preservation Board may
be filed with the City Commission.
(5) Findings. The following findings must be made prior to approval of a variance:
(a) That special conditions and circumstances exist which are peculiar to the land,
structure, or building involved and which are not generally applicable to other
lands, structures, or buildings subject to the same zoning. Economic hardship shall
not constitute a basis for the granting of a variance.
(b) That literal interpretation of the regulations would deprive the applicant of rights
commonly enjoyed by other properties subject to the same zoning.
(c) That the special conditions and circumstances have not resulted from actions of the
applicant.
(d) That granting the variance will not confer onto the applicant any special privilege
that is denied to other lands, structures, and buildings under the same zoning.
Neither the permitted, nor nonconforming use, of neighborhood lands, structures,
or buildings under the same zoning shall be considered grounds for the issuance of
a variance.
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(e) That the reasons established in the variance petition justify the granting of the
variance, and that the variance is the minimum variance that will make possible the
reasonable use of the land, building, or structure.
(f) That the granting of the variance will be in harmony with the general purpose and
intent of existing regulations, and will not be injurious to the neighborhood, or be
otherwise detrimental to the public welfare.
(6) Findings of the Historic Preservation Board. Instead of the criteria above, the
following findings must be made by the Historic Preservation Board prior to the
approval of a variance:
(a) That a variance is necessary to maintain the historic character of property and
demonstrating that the granting of the variance would not be contrary to the public
interest, safety, or welfare.
(b) That special conditions and circumstances exist, because of the historic setting,
location, nature, or character of the land, structure, appurtenance, sign, or building
involved, which are not applicable to other lands, structures, appurtenances, signs,
or buildings in the same zoning district, which have not been designated as
historic sites or a historic district nor listed on the Local Register of Historic
Places.
(c) That literal interpretation of the provisions of existing ordinances would alter the
historic character of the historic district, or historic site to such an extent that it
would not be feasible to preserve the historic character of the historic district or
historic site.
(d) That the variance requested will not significantly diminish the historic character
of a historic site or of a historic district.
(e) That the requested variance is necessary to accommodate an appropriate adaptive
reuse of a historic building, structure, or site.
(7) Conditions. The reviewing Board may prescribe appropriate conditions and safeguards,
in conformity with existing regulations, to provide mitigation of any adverse impacts
associated with a required finding. Violations of such conditions or safeguards, when
made a part of the terms under which the variance is granted, shall be deemed a
violation of existing ordinances and punishable under Section 1.4.4.
(8) Expiration of Variance approvals.
(a) Not Associated with a Concurrent Site Plan Approval. Variances not associated
with a concurrent site plan review shall become void 12 months following the date
of the approval by the board unless a validly issued building permit has been issued
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and development has commenced as defined in this Chapter. Prior to the expiration
of this period, the applicant may request from the board that acted upon the
approval, in writing, a one-time six-month extension. Further extensions of time
shall require a new application.
(b) Associated with a Concurrent Site Plan Approval. Variances approved with a
concurrent site plan action shall become void upon the expiration of the associated
site plan, as defined in this Chapter.
(B) Waivers. A waiver involves the granting of partial or total relief from a specific
development regulation.
(1) General. A waiver may be granted to the procedural and substantive provisions of these
regulations. A waiver may be granted only for those substantive items within these
regulations for which such provision is made. A waiver to substantive provisions may
be granted only by the approving body with the final authority to approve or deny the
related development application.
(2) Special power to the City Commission. The City Commission in its sole discretion may
grant a waiver to any provision of these regulations when there is no other avenue for
relief available in these regulations. However, waivers shall not be considered from the
following:
(a) The use of land or structures.
(b) A requirement for a public hearing or public notice that an item will be considered
by a board.
(c) A regulation for which it is stated that there shall be no waiver and/or variance
provided.
(d) Within the Central Business District (CBD), that authority of the City Commission
is further limited by the following restrictions:
1. Building Height Waivers. Waivers to increase the number of stories or
maximum height of a building are not permitted.
2. Front Setback Waivers. Waivers to decrease the minimum front setback depth
are permitted if the reduction would not result in a streetscape that does not
meet the minimum requirements of Section 4.4.13(E)(2).
3. Sidewalk Width Waivers. Waivers to decrease the minimum sidewalk width are
not permitted.
(3) Required information. The applicant must file an application for a waiver with the
Development Services Department that includes a formal letter of request that describes
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the regulation to be waived, with reference to code section number, and the justification
for granting the waiver.
(4) Procedure. A request for a waiver shall be processed in the following manner:
(a) Determination of sufficiency, followed by technical review of the complete
application.
(b) Generally. A request for waiver shall be considered and acted upon prior to
consideration of an associated development application. If a waiver request is made
after review by an advisory body has been completed, the waiver request must first
be reviewed by that body prior to action by the approving body.
1. Central Business District (CBD) Waivers. For waiver requests to the
requirements of the CBD zoning district, the PZB shall make formal
recommendations to the City Commission regarding those waivers prior to final
action.
2. Waivers on Historic Properties or Sites. For waiver requests, including those to
the requirements of the CBD zoning district, the Historic Preservation Board
(HPB) shall take final action on property under its purview.
(c) Consideration at a public hearing before the Site Plan Review and Appearance
Board, Historic Preservation Board, Planning and Zoning Board, or City
Commission, as applicable.
(d) All actions are final unless an appeal is filed. Appeals to actions of the Site Plan
Review and Appearance Board, Historic Preservation Board, or the Planning and
Zoning Board may be filed with the filed with the City Commission. All decisions
by the City Commission are final.
(5) Findings. Prior to granting a waiver, the granting body shall make findings that the
granting of the waiver:
(a) Shall not adversely affect the neighboring area;
(b) Shall not significantly diminish the provision of public facilities;
(c) Shall not create an unsafe situation; and,
(d) Does not result in the grant of a special privilege in that the same waiver would be
granted under similar circumstances on other property for another applicant or
owner.
(e) Within the CBD, the following additional findings apply:
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1. The waiver shall not result in an inferior pedestrian experience along a Primary
Street, such as exposing parking garages or large expanses of blank walls.
2. The waiver shall not allow the creation of significant incompatibilities with
nearby buildings or uses of land.
3. The waiver shall not erode the connectivity of the street and sidewalk network
or negatively impact any adopted bicycle/ pedestrian master plan.
4. The waiver shall not reduce the quality of civic open spaces provided under
this code.
(6) Conditions. Conditions may be imposed upon the granting of a waiver to the extent that
they are directly related to mitigating any adverse effect which may be created by the
waiver of a specific development regulation.
(7) Expiration of Waiver approvals.
(a) Not Associated with a Concurrent Site Plan Approval. Waivers not associated
with a concurrent site plan review shall become void 12 months following the
date of the approval by the board unless a validly issued building permit has been
issued and development has commenced as defined in this Chapter. Prior to the
expiration of this period, the applicant may request from the board that acted upon
the approval, in writing, a one-time six-month extension. Further extensions of
time shall require a new application.
(b) Associated with a Concurrent Site Plan Approval. Waivers approved with a
concurrent site plan action shall become void upon the expiration of the
associated site plan, as defined in this Chapter.
(C) Internal adjustments. An adjustment involves the lessening, or a total waiver, of those
development standards which affect the spatial relationship among improvements on the
land within the boundary of the site or development plan.
(1) General. An adjustment shall only be considered during the site and development plan
review process and shall be only for requirements that do not pertain to, or affect,
standards that apply to the perimeter of a proposed development. An adjustment may be
granted by the body or board with authority to approve or deny the site and
development plan.
(2) Required information. An applicant may request an internal adjustment. Upon a
determination by the Director that an internal adjustment is the appropriate type of
relief, the site plan application shall include a formal letter of request that describes the
requirement and references the code section from which the applicant is seeking relief
and the justification for granting the adjustment.
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(3) Procedure.
(a) Determination of sufficiency, followed by technical review of the complete
application.
(b) A request for an internal adjustment may be considered concurrently with the
development application with which it is associated. If a request is made after
review by an advisory body has been completed, the waiver request must first be
reviewed by that body prior to action by the approving body.
(c) Consideration at a public hearing before the Site Plan Review and Appearance
Board, Historic Preservation Board, or Planning and Zoning Board, as applicable.
(d) All actions are final unless an appeal is filed. Appeals to actions of the Site Plan
Review and Appearance Board, Historic Preservation Board, or the Planning and
Zoning Board may be filed with the filed with the City Commission. All decisions
by the City Commission are final.
(4) Conditions. Conditions may be applied only as they relate to ensuring that the setting
of the approved adjustment will not change.
(5) Findings. Concurrent with granting relief from a development standard or regulation,
the granting body must find that such relief does not diminish the practical application
of the affected regulation (requirement) and that by granting such relief a superior
development product will result.
(D) Administrative relief. Administrative relief is the method whereby relief is granted from
development regulations by an administrative official or the Development Services
Management Group (DSMG).
(1) General. Administrative relief can be granted only for instances in which it is
specifically allowed by the provisions of the Land Development Regulations (LDR).
The City Manager, Director, Building Official, City Engineer or DSMG, when
specifically designated under applicable LDR sections, are the only administrative
officials or body empowered to grant administrative relief.
(2) Required information. The applicant must file an application for administrative relief
with the Development Services Department that includes a formal letter of request that
identifies the affected regulation(s), with reference to the code section number(s), and a
justification for granting of the relief.
(3) Procedure.
(a) When Associated with a Site Plan Review: A request for relief shall be considered
concurrently with the development application it is associated with and shall be
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acted upon by the Administrative Official or the DSMG prior to consideration of
the site plan.
(b) When Not Associated with a Site Plan Review: A request for relief shall be
considered on its own merit pursuant to administrative processing requirements.
(c) All actions are final unless an appeal is filed. Appeals to the actions of the City
Manager may be filed with the City Commission. Appeals to the actions of the
Director or City Engineer may be filed with the DSMG. Appeals to the decisions of
the Building Official may be filed with the Board of Adjustment. Appeals to the
actions by the DSMG may be filed with the City Commission. All decisions by the
City Commission are final.
(4) Conditions. Conditions may only be applied to ensure that the situation under which the
relief is requested does not change.
(5) Findings. Prior to granting administrative relief, the administrative official or body
shall find:
(a) That the relief sought is consistent with the specific authorization provided for in
these regulations;
(b) That the intent of the affected regulation is preserved;
(c) That the action will not be detrimental to the public health, safety, or welfare; and,
(d) The relief is consistent with the established character of the surrounding
neighborhood.
(E) Requests for accommodation.
(1) Purpose. The purpose of this section is to implement a procedure for processing
requests for reasonable accommodation to the City's Code of Ordinances, Land
Development Regulations, Rules, Policies, and Procedures for persons with disabilities
as provided by the federal Fair Housing Amendments Act (42 U.S.C. 3601, et. seq.)
("FHA") and Title II of the Americans with Disabilities Amendments Act (42 U.S.C.
Section 12131, et. seq.) ("ADAA"). For purposes of this section, a "disabled" person is
an individual that qualifies as disabled and/or handicapped under the FHA and/or ADA.
Any person who is disabled (or qualifying entities) may request a reasonable
accommodation with respect to the City's Land Development Regulations, Code of
Ordinances, rules, policies, practices and/or procedures as provided by the FHA and the
ADA pursuant to the procedures set out in this section.
(2) Notice to the public of availability of accommodation. The City shall display a notice
in the City's public notice bulletin board (and shall maintain copies available for review
in the Development Services Department, the Building Department, and the City Clerk's
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Office), advising the public that disabled individuals (and qualifying entities) may
request a reasonable accommodation as provided herein.
(3) Application. A request by an Applicant for reasonable accommodation under this
section shall be either oral or written. A written request may be submitted by
completion of a reasonable accommodation request form, which is maintained by (and
shall be submitted to) the Development Services Department. The reasonable
accommodation form shall contain such questions and requests for information as are
necessary for processing the reasonable accommodation request. The reasonable
accommodation request form shall be substantially in the form set forth in this
Subsection.
(a) Confidential information. Should the information provided by the disabled
individual to the City include medical information or records, including records
indicating the medical condition, diagnosis or medical history of the disabled
individual, such individual may, at the time of submitting such medical
information, request that the City, to the extent allowed by law, treat such medical
information as confidential information of the disabled individual. The City shall
thereafter endeavor to provide written notice to the disabled individual, and/or his
or her representative, of any request received by the City for disclosure of the
medical information or documentation which the disabled individual has previously
requested be treated as confidential by the City. The City will cooperate with the
disabled individual, to the extent allowed by law, in actions initiated by such
individual to oppose the disclosure of such medical information or documentation,
but the City shall have no obligation to initiate, prosecute or pursue any such
action, or to incur any legal or other expenses (whether by retention of outside
counsel or allocation of internal resources) in connection therewith, and may
comply with any judicial order without prior notice to the disabled individual.
(b) Fee. There shall be no fee imposed by the City in connection with a request for
reasonable accommodation under this section or an appeal of a determination on
such request to the City Commission, and the City shall have no obligation to pay a
requesting party's (or an appealing party's, as applicable) attorney's fees or costs in
connection with the request, or an appeal.
(c) City assistance. The City shall provide such assistance and accommodation as is
required pursuant to FHA and ADA in connection with a disabled person's request
for reasonable accommodation, including, without limitation, assistance with
reading application questions, responding to questions, completing the form, filing
an appeal, and appearing at a hearing, etc., to ensure the process is accessible.
(4) Findings for reasonable accommodation. In determining whether the reasonable
accommodation request shall be granted or denied, the requesting party shall be
required to establish that they or the occupants of the housing for which this request is
made are protected under the Fair Housing Act and/or the Americans With Disabilities
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Act by demonstrating that they or the residents of the proposed housing are people with
disabilities, as defined in these LDR.
(a) The requesting party shall demonstrate that the proposed reasonable
accommodations sought are reasonable and necessary to afford the subject
individual(s) with disabilities an equal opportunity to use and enjoy the housing
that is the subject of this request.
(b) A request for reasonable accommodation to permit more than ten unrelated
individuals to occupy a community residence shall be granted only when the
requesting party also meets the standards for community residences promulgated in
Section 4.3.3 (1)(4) of these LDR.
(c) The foregoing-shall be the basis for a written decision with findings of fact upon a
reasonable accommodation request made by the City Manager or designee, or by a
Special Magistrate in the event of an appeal.
(5) Notice of proposed decision. The City Manager, or his or her designee, shall have the
authority to consider and act on requests for reasonable accommodation. When a
reasonable accommodation request form has been completed and submitted to the
Development Services Department, it will be referred to the City Manager, or his or her
designee, for review and consideration. The City Manager, or his or her designee, shall
issue a written determination within 45 calendar days of the date of receipt of a
completed application and may, in accordance with federal law, (1) grant the
accommodation request, (2) grant a portion of the request and deny a portion of the
request, and/or impose conditions upon the grant of the request, or (3) deny the request,
in accordance with federal law. Any such denial shall be in writing and shall state the
grounds therefore. All written determinations shall give notice of the right to appeal.
The notice of determination shall be sent to the requesting party (i.e. the disabled
individual or his or her representative) by certified mail, return receipt requested or
hand delivery, receipt signed by the recipient. If reasonably necessary to reach a
determination on the request for reasonable accommodation, the City Manager, or
his/her designee, may, prior to the end of said 45 calendar day period, request additional
information from the requesting party, specifying in sufficient detail what information is
required. The requesting party shall have 15 calendar days after the date of the request
for additional information to provide the requested information. In the event a request
for additional information is made, the 45 calendar day period to issue a written
determination shall no longer be applicable, and the City Manager, or his or her
designee, shall issue a written determination within 30 calendar days after receipt of the
additional information. If the requesting party fails to provide the requested additional
information within said 15 calendar day period, the City Manager, or his or her
designee, shall issue a written notice advising that the requesting party had failed to
timely submit the additional information and therefore the request for reasonable
accommodation shall be deemed abandoned and/or withdrawn and no further action by
the City with regard to said reasonable accommodation request shall be required.
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(6) Appeal. Within 30 calendar days after the City Manager's, or his or her designee's,
determination on a reasonable accommodation request has been rendered and
transmitted to the requesting party, which may be accomplished via hand delivery with
signed confirmation of delivery, email with confirmation of delivery, certified mail, or
overnight courier service with signature confirmation, the applicant may appeal the
decision. All appeals shall contain a statement containing sufficient detail of the
grounds providing the basis for the appeal. Appeals shall be filed with the City Manager
and shall be to the Special Magistrate who shall, after public notice and a public
hearing, render a determination as soon as reasonably practicable within 60 calendar
days after the date on which the appeal was filed. An appeal from a decision of the
Special Magistrate shall be handled exclusively in the Fifteenth Judicial Circuit Court in
and for Palm Beach County, Florida, and such appeal shall be taken by filing a petition
for writ of certiorari within 30 days from the date of filing of the written order with the
City Clerk or designee.
(7) Stay of enforcement. While an application for reasonable accommodation, or appeal of
a determination of same, is pending before the City, the City will not enforce the subject
zoning ordinance, rules, policies, and procedures against the Applicant.
(8) Request form for reasonable accommodation.
(a) Contents of reasonable accommodation request form.
1. Name and contact information of the Applicant;
2. Information regarding property at which reasonable accommodation is
requested, including the address and legal description of such location as well
as ownership of the subject property;
3. Describe the accommodation and the specific regulation(s) and/or procedure(s)
from which accommodation is sought;
4. Reasons the accommodation may be necessary for the Applicant or the
individuals with disabilities seeking the specific accommodation, and if
relating to housing, why the requested reasonable accommodation is necessary
to use and enjoy the housing;
5. Describe qualifying disability or handicap;
6. Other relevant information pertaining to the disability or property that may be
needed by the City in order for it to be able to evaluate the request for
reasonable accommodation;
7. All certified recovery residences must provide proof of satisfactory, fire,
safety, and health inspections as required by Section 397.487, Fla. Stats., as
amended from time to time;
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8. Signature of applicant;
9. If on-site supervisor or manager, provide the name and contact information
(phone and email) for each;
10. Date of application;
11. Disclosure of ownership interests of property;
12. Owner's consent for application.
(b) Reasonable accommodation. An applicant who seeks a reasonable accommodation
to house more than ten unrelated individuals in a community residence shall also
complete and submit the form the City requires of all applicants to establish a
community residence.
(9) Expiration of approvals. Approvals of requests for reasonable accommodation shall
expire within 180 days if not implemented.
(10) Recertification. All reasonable accommodation requests approved by the City Manager
or his or her designee and implemented by the Applicant pursuant to this Section,
2.4.11(F), "Requests for Accommodation", are valid for no more than one year and shall
require annual recertification each year on or before April 1st. Failure to recertify
annually shall result in the revocation of the approved reasonable accommodation.
Recertification requests shall follow the same requirements as for an initial request
pursuant to this Subsection 2.4.11(F) and review of recertification requests shall follow
the same procedures as outlined in this Subsection (4), "Notice of Proposed Decision",
with the same appellate opportunities afforded to the applicant as provided under this
Subsection for "Appeal" except the recertification notice will be sent annually by
regular mail or hand delivered.
(a) To be recertified, a community residence for which a reasonable accommodation
was granted to locate in Delray Beach must provide verifiable evidence that it is
currently licensed or certified by the State of Florida to operate at its present
location.
(b) A community residence for which a reasonable accommodation was granted to
locate in Delray Beach that is not currently licensed or certified by the State of
Florida to operate at its present location shall obtain licensure, certification or
recertification from the designated state entity before the April 1 reasonable
accommodation recertification deadline. Failure to obtain state certification or a
required state license, or failure to maintain state certification or a required state
license, shall result in revocation of the reasonable accommodation and cessation of
operations within 60 days of termination of the license or certification.
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(11) Severability. If any part, Section, Subsection, paragraph, subparagraph, sentence,
phrase, clause, term, or word of this Section 2.4.11(F), "Requests for Accommodation",
is declared unconstitutional by the final and valid judgment or decree of any court of
competent jurisdiction, this declaration of unconstitutionality or invalidity shall not
affect any other part, Section, Subsection, paragraph, subparagraph, sentence, phrase,
clause, term, or word of this Section 2.4.11(F), "Requests for Accommodation".
(F) In-Lieu of parking and public parking fee request.
(1) General. An in-lieu of parking or public parking fee request must be approved by the
City Commission with recommendations from the Parking Management Advisory
Board and other Boards as deemed appropriate, prior to site plan consideration.
(2) Required information. The following information must be submitted for an In-Lieu of
Parking or Public Parking Fee request:
(a) Sketch Plan including current and proposed square footage.
(b) Scope of work (i.e. expansion of use, change of use, new construction, etc.).
(c) Current parking required and provided.
(d) Parking required and parking provided to facilitate proposal.
(e) For public parking fee requests: Adjacent rights-of-way and proposed parking to be
constructed.
(f) Additional information necessary to support the required findings of this Subsection
2.4.11(G).
(3) Procedure. The applicant must file an application for in-lieu of parking or public
parking fee with the Development Services Department and shall be processed in the
following manner:
(a) Determination of sufficiency, followed by technical review of the complete
application.
(b) Request must comply with Sections 4.6.9(E)(3) or 4.6.9(E)(4).
(c) Consideration by Parking Management Advisory Board and other Boards as
deemed appropriate.
(d) Consideration and action by City Commission.
(4) Conditions. Conditions may be imposed pursuant to, but not limited to, Sections
4.6.9(E)(3) and/or 4.6.9(E)(4).
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(5) Findings. The City Commission must find that the request is consistent with the Land
Development Regulations, City Comprehensive Plan, and all currently adopted City
policies and/or studies. For In-lieu requests, an additional finding must be made that
adequate public parking options are available. For Public Parking Fee requests, an
additional finding must be made that adequate public parking will be available pursuant
to the requirements of Section 4.6.9(E)(4).
(6) Expiration of approval. In-lieu of parking requests must be tied to a site plan and shall
become void upon the expiration of the associated site plan. Any in-lieu payments made
will be returned to the applicant should the site plan expire.
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Section 2.4.12. - Certificate of Appropriateness
(A) Certificate of appropriateness for individually designated historic structures and all
properties located within historic districts.
(1) General. A Certificate of Appropriateness shall be required for the following activities
which occur on a designated historic site, designated historic interiors, or within
designated historic districts:
(a) Any development application which is processed under these regulations for which
action is required by the Site Plan Review and Appearance Board or the Board of
Adjustment; and in such case, the Historic Preservation Board shall act in-lieu of
such Board.
(b) Any building, structure, appurtenance, improvement, or landscape feature, which
will be erected, altered, restored, renovated, excavated, relocated, or demolished
and which regards any exterior architectural features (and interior architectural
features in the case of designated historic interiors), landscape features, or site
improvements, except for those items specifically exempted by a list promulgated
by the Director.
(c) Any material change in existing walls, fences, sidewalks, hardscape features, and
changes of color.
(e) A Certificate of Appropriateness is not required for general, occasional maintenance
of any historic building, interior, structure, or site, or any building or structure
within a historic district or in kind replacement of materials or colors. General,
occasional maintenance shall include, but not be limited to lawn and landscaping
care and minor repairs that restore or maintain the historic site or current character
of the building or structure. General, occasional maintenance shall not include any
of the activities described and defined in paragraphs (1)(a) through (1)(c) of this
Section. A Certificate of Appropriateness will not be required for construction,
reconstruction, restoration, renovation, or demolition for any interior alteration
(except for designated historic interiors). General, occasional maintenance and
repair shall also include any ordinary maintenance which does not require a building
permit from the City.
(2) Required information.
(a) Application. When an item goes before the Historic Preservation Board or is
reviewed administratively and is not associated with any land development
application, the following information in the form of photographs or plans shall be
provided, as applicable:
1. Site plan and/or survey;
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2. Building elevations, and/or architectural drawings, and/or artistic sketches or
renderings;
3. Landscaping plan;
4. Floor plan(s);
5. Samples of building materials and color chips;
6. Engineering reports;
7. Demolition Plans;
8. Window and door schedule providing specifications, to include but not be
limited to, window type, material, configuration, dimensions, and profile
drawings;
9. Photographs of all existing elevations of the subject property, labeled with
cardinal direction and address;
10. Other materials as may be requested by the Development Services Department
or Historic Preservation Board; and
11. Standard COA application form, accompanied by payment of a processing fee
per Chapter 2, must be provided.
(b) Site Plan applications. Applications for site plan approval shall be submitted in
accordance with Chapter 2 in conjunction with the applicable information required
for a COA in (a), above.
(3) Procedure.
(a) Applications reviewed by the Historic Preservation Board. A complete
application for a COA that requires Board approval, as provided in the COA
approval matrix set forth in the Delray Beach Historic Preservation Design
Guidelines, as amended from time to time, shall be scheduled for review and action
at the next available meeting of the Historic Preservation Board, at which time an
action of approval, denial, or approval of a modified application, continuance with
direction, or denial may be taken. The Historic Preservation Board shall apply
applicable ordinances, Delray Beach Historic Preservation Design Guidelines and
the Secretary of the Interior's Standards for Rehabilitation.
(b) Administratively-Reviewed Applications: A complete application for a COA that
does not require approval by the Historic Preservation Board as provided in the
COA approval matrix, as amended from time to time, set forth in the Delray Beach
Historic Preservation Design Guidelines may be approved administratively in
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accordance with applicable ordinances, Historic Preservation Design Guidelines,
and the Secretary of the Interior's Standards for Rehabilitation.
(c) Expirations.
1. Certificates of Appropriateness approvals shall be valid for a period of 24
months.
2. Revisions to approved Certificates of Appropriateness shall be considered as
follows:
a. Any major revision, as defined by Section 4.5.1(E)(2), of an approved, yet
unestablished Certificate of Appropriateness, shall be considered a new
approval and have an additional 24-month approval period.
b. Any minor revision, as defined by Section 4.5.1(E)(2), of an approved, yet
unestablished Certificate of Appropriateness shall be valid for the original
Certificate of Appropriateness approval period.
(4) Conditions. Conditions may be imposed pursuant to Section 2.4.4(C) and to ensure
compliance with the Standards contained in Section 4.5.1.
(5) Findings. Prior to approval, a finding must be made that any Certificate of
Appropriateness is consistent with Historic Preservation purposes pursuant to Objective
HPE 1.4 of the Historic Preservation Element of the Comprehensive Plan; the
provisions of Section 4.5.1; the Delray Beach Historic Preservation Design Guidelines;
and, the Secretary of the Interior's Standards for Rehabilitation.
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Sec. 2.4.13. - Procedures for obtaining building permits and approvals.
The following procedures shall be followed in obtaining various building permits and
approvals as indicated by subsection headings.
(A) General. The following items must be provided prior to the issuance of any permits under
this Section.
(1) License prerequisite. No permit for erection, construction, installation, or maintenance
of any structure, or component thereof, shall be issued unless the person in control of
the premises upon which the improvement is to be placed shall have first procured from
the City of Delray Beach an occupational license to engage in the business associated
with the permit. The fee for an occupational license will be collected and a temporary
license issued in the event another agency, such as the Health Department, has not
finished final approvals.
(2) Permits issued to responsible party. All permits must be issued to a duly licensed
contractor, except that this shall not be construed to prevent an owner or lessee of
property from erecting certain items as contained within these regulations on his own
property.
(3) Payment of fees. No work which requires a permit shall be undertaken without its
associated fee being paid. The fees shall be paid as a part of the permit application
process. Where work is begun without a permit, the fees provided in Section 2.4.3(K)
shall be tripled. The payment of such fee shall not relieve any persons from fully
complying with the requirements of these regulations nor from any penalties which may
be appropriate.
(4) Reinspection requirements. Permit fees include the cost of inspecting the work to be
done under a permit; however, if additional inspection trips are required, an additional
inspection fee shall be charged. For example, and not in limitation of the foregoing,
reasons necessitating additional inspection fees include, but are not limited to the
following:
(a) The work, or correction to previously inspected work, does not meet code
requirements.
(b) An incorrect address is on the application by action of the applicant.
(c) The work, or correction to previously inspected work, is not ready for reinspection
at the time specified in the application for inspection.
(B) Building permits. A building permit is required for all items as set forth in the current
Florida Building Code and Chapter 7 of these Land Development Regulations, as amended.
A building permit shall be sought via application through the Development Services
Department.
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(1) Drawings and specifications.
(a) All drawings and specifications shall bear the appropriate seal of engineer or
architect as required by Florida Statutes Chapter 471 for engineers and Chapter 481
for architects and Chapter 553 for threshold buildings.
(b) Green building certification documents shall be provided if required by Section
7.11.1.
(2) Plot diagram.
(a) Before a building permit shall be issued, the applicant must submit the following:
1. Drawings to scale showing the location of the proposed building or structure
and existing building or structure on the site or lot. Building permit applicants
for developments having had either conditional use or site and development
plan approval shall submit two copies of the approved site plan.
2. A certified sketch prepared by a Florida registered land surveyor or a Florida
registered engineer, showing the boundary line survey of said lot or site and
existing building and/or structure, if any.
(3) Permits.
(a) Work shall be done by either a general contractor, residential contractor or building
contractor as appropriate, holding a current Florida State registration or
certification and registered with the City of Delray Beach, Florida. Nothing hereby
shall prohibit homeowners from doing this work in accordance with Section 7.1.1.
(4) Conditions of the permit.
(a) The Building Official shall act upon an application for a permit with plans as filed,
or as amended, without unreasonable or unnecessary delay. A permit issued shall
be construed to be a license to proceed with the work and shall not be construed as
authority to violate, cancel, alter or set aside any of the provisions of this code, nor
shall such issuance of a permit prevent the Building Official from thereafter
requiring a correction of errors in plans or in construction, or violations of this
code. Any permit issued shall become invalid (1) unless the work authorized shall
have been commenced within six months after its issuance, or (2) if the work
authorized by such permit is suspended or abandoned for a period of six months
after the time the work is commenced.
(b) One or more extensions of time, for periods not exceeding 90 days each, may be
allowed in writing by the Chief Building Official, pursuant to LDR Subsection
2.4.4(F). However, only one extension shall be allowed for any permits issued for
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construction occurring in a single-family district as set forth in Subsection 4.4.3(A).
All construction shall be completed within 18 months of issuance of the building
permit; unless evidence is presented that a shortage of materials or an Act of God
has caused the delay in which case the owner/contractor may request an extension
of time, from the Chief Building Official, not to exceed six months. In addition to
the other penalties herein provided, failure to complete construction within the time
allotted or any extension thereof shall result in a penalty equivalent to 100 percent
of the original building permit fee, which shall be paid prior to the granting of a
Certificate of Occupancy.
(5) Schedule of permit fees.
(a) On all buildings, structures, or alterations requiring a building permit, a fee for each
building permit shall be paid as required at the time of filing application, in
accordance with the schedule as established herein.
(b) For new buildings, the value of construction for the purposes of calculating permit
fees shall be established by the Building Division from recognized sources, such as
the latest edition of the Means Cost Estimating Publications.
(c) For additions, remodeling, or partial contracts, the Building Division will accept
signed contracts between the owner and contractor as evidence of construction
costs or in lieu thereof will determine costs using Means Cost Estimating
Publications.
(d) The permit fees to be charged shall be based upon the total cost of the work being
performed, including equipment, labor, and material costs required to complete the
work as illustrated by the permit drawings.
(C) Certificate of occupancy. A Certificate of Occupancy is required prior to the establishment
of use on any site or occupancy of a structure. An occupancy permit shall be sought via
application through the Building Division on the standard Department application.
(1) Prior to issuance of an occupancy permit, the Chief Building Official shall certify that
all conditions of approval affixed to an associated development approval and that
requirements of the current Florida Building Code, and Chapter 4 and Chapter 7 of the
Land Development Regulations are met. A certificate of occupancy will not be issued
for any building or structure or portion thereof which fails to meet all applicable
development standards and zoning requirements.
(2) A conditional Certificate of Occupancy may be issued when all conditions of
development or permit approval are not met but the Chief Building Official has
assurance, to his satisfaction, that they will be met and that occupancy will not present a
danger to the public's health, safety, or general welfare. A failure to comply with
conditions as imposed by the Chief Building Official shall be cause for vacation of use
of the structure.
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(D) Site clearing permit.
(1) Rule. It shall be unlawful for any person, without first obtaining a permit, to clear real
property of shrub vegetation.
(2) Required information. An application form, and attendant fee, shall be completed and
delivered to the Chief Building Official, or his designee. The application form shall be
as promulgated by the Chief Building Official.
(3) Procedure. Upon acceptance of the application, the Chief Building Official shall cause
the site to be visited and a report made which provides the status of trees in excess of
two inches in diameter at four and one-half feet above the ground. The report shall
identify what measures must be taken with respect to tree protection and removal
required by Section 4.6.19 and erosion control measures required by Section 4.6.17.
(4) Issuance of permit. Upon acceptance of the report by the Chief Building Official, a
permit shall be issued. The permit shall require compliance with the report, a copy of
which shall be provided with the permit. The permit shall be valid for a period of 180
days.
(E) Permit to construct in a flood hazard area.
(1) Rule. A permit to construct in a flood hazard area pursuant to Chapter 10 must be
issued by the Chief Building Official.
(2) Required information. An application for a permit to construct in a flood hazard area
shall be made to the Chief Building Official on forms furnished by the Department.
(a) General data. Plans drawn to scale that contain the following data are required:
1. Nature, location, boundary, and general elevations of the territory under
consideration;
2. Existing and proposed structures;
3. Fill areas, storage areas, drainage facilities;
4. The elevation, in relation to mean sea level, of the lowest floor (including
basement) of all structures;
5. Elevation, in relation to mean sea level, to which a nonresidential structure has
been flood-proofed;
6. Certification from a registered professional engineer, or architect, that the
nonresidential flood-proofed structure meets the flood-proofing criteria in
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Chapter 10;
7. A description of the extent to which any water course will be altered or
relocated as a result of the proposed development.
(b) Construction stage of development. At appropriate stages of construction in a
flood hazard area, the following information must be provided as a part of the flood
permit requirements:
1. The floor elevation for flood-proofing certification after the lowest floor is
complete, or in the instance where the structure is subject to the regulations
applicable to Coastal High Hazard Area, after placement of the horizontal
structure members of the lowest floor;
2. The above elevation shall be prepared by, or under the direction of, a registered
land surveyor or professional engineer and certified by same.
(3) Procedures.
(a) Pre-construction. The general data material may be provided as a part of a site plan
and/or preliminary engineering plans which are submitted as a part of a site plan or
plat submittal. However, a separate submission is required when not so associated.
A separate submission shall be processed concurrent with review of the building
permit application.
(b) Construction certification. Upon placement of the lowest floor, or flood-proofing
by whatever construction means, or upon placement of the horizontal structural
members of the lowest floor, whichever is applicable, it shall be the duty of the
permit holder to submit to the Chief Building Official a certification of the lowest
floor, flood-proof elevation, or elevation of the lowest portion of the horizontal
structural member of the lower floor, whichever is applicable, in relation to mean
sea level. When flood-proofing is certified for a particular building, said
certification shall be prepared by, or under, the direct supervision of a professional
engineer and certified by same. Any work undertaken prior to submission of the
certification shall be at the permit holder's risk. The Chief Building Official shall
review the floor elevation survey data submitted, and any discrepancies detected by
said review shall be corrected by the permit holder immediately and prior to further
progressive work being permitted to proceed. Failure to correct deficiencies or to
submit the survey shall be cause to issue a stop-work order.
(F) Approval of work in the public right-of-way or a public easement.
(1) Rule. A work permit shall be required for construction, excavation, or repair work in
public rights-of-way or public easements, including bicycle paths and sidewalks and for
work owned by the City or dedicated to the City. Such permits shall be required for:
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(a) Work which includes, but is not limited to, water and sewer systems, street paving,
bridges, sidewalks, driveways, swales, curbs, median paving, overhead and
underground structures and cable systems, or any other underground installation;
(b) And for routes for moving houses, buildings, or heavy equipment;
(c) And use of rights-of-way for purposes other than for which they were intended;
(d) Infrastructure improvements that are related to an approved plat, certified site plan,
or building permit associated with an address do not require a separate work
permit.
(2) Required information. The following information is required when seeking a work
permit:
(a) An "application for work permit" promulgated by the City Engineer;
(b) Agreements, per standard format, that address liability and restoration;
(c) Two sets of plans depicting the proposed work;
(d) Processing fee.
(3) Procedures. An application shall be delivered directly to the City Engineer who shall be
responsible for its processing. The City Engineer is hereby authorized to approve, deny,
or approve with conditions such an application.
(4) Compliance requirements and conditions.
(a) The applicant must agree to inform the City Engineer of commencement of work,
allowing sufficient time for establishing field control points and orders providing
for Temporary Traffic Control.
(b) The applicant must agree to assume full responsibility for any injury to persons,
and for any damage to property of existing facilities that may arise as a result of the
work for which a permit is obtained.
(c) The applicant must agree to immediately restore all property which is disturbed or
damaged in connection with the work for which the permit was issued; and further
agree that if he fails to do so, the City may proceed to do so and all costs thereof,
including a reasonable attorney's fee and court costs shall be borne by the applicant.
(d) Work under the permit shall be discontinued on Saturdays, Sundays, or legal
holidays except in cases where the work must proceed in order to protect the public
health, safety or welfare and for which permission must be first obtained from the
City Engineer.
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(e) If the City Engineer determines that there is a likelihood of damage, he or she may
require the applicant to post a bond or other equivalent security in an amount which
shall be set by the City Engineer and in a form with surety and conditions approved
by the City Attorney.
(f) The applicant must agree that if the City Engineer, or designee, determines that the
work is being performed in a manner not in compliance with the City Standards for
Construction, including but not limited to Temporary Traffic Control and National
Pollutant Discharge Elimination System, such work must cease immediately, and
steps be taken to correct identified deficiencies before work may be permitted to
continue.
(5) Findings. Upon satisfaction of the above, the City Engineer shall issue a non-
transferable work permit, which shall be void after 60 days from the date of issuance
unless work has been started.
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ARTICLE 2.5 - APPEALS
(A) General. An appeal is a request for a review and reversal of any action which, if not
appealed, is final. An appeal may be made of an administrative interpretation, or a decision
made by an administrative official or body, or acting body. The appeal of an administrative
interpretation shall be made to the Board for which such power has been granted; an appeal
of an administrative or acting Board's action shall be made to the City Commission. All such
actions are appealable unless an appeal is expressly prohibited. Only the applicant and the
City Commission may appeal a decision to the City Commission.
(B) Required information. Except for an appeal initiated by the City Commission, an appeal
must be made in writing, directed to the City Clerk, and must provide the following
information:
(1) The name of the appellant.
(2) Identification of the action being appealed.
(3) Identification of who took the action and when it was made.
(4) The basis of the appeal.
(C) Procedures. The following procedures shall be adhered to in the processing of any appeal:
(1) The appellant, except for the City Commission, shall submit a letter, accompanied by
the appropriate fee, to the city clerk within fourteen calendar days of the decision or
action being appealed.
(2) If the appeal is initiated by the City Commission, a motion to appeal the action shall be
made at the Commission meeting at which the board's action is reported.
(3) Whenever an appeal is filed, the action being appealed shall be stayed i.e. the
development application or appealed part thereof shall be considered neither approved
or denied.
(4) The hearing shall be held no more than 60 days from date of the City Clerk's receipt of
the request to appeal or, in the case of an appeal initiated by the City Commission, no
more than 60 days after the meeting at which the decision to appeal was made, unless
both the appellant and the City Commission or the appellant and the board hearing the
appeal mutually agree to postpone the hearing.
(5) Upon the request of the appellant, the body hearing the appeal may grant a one-time
postponement of the hearing upon a showing of good cause. All requests for
postponement must be considered at the meeting prior to the scheduled appeal hearing.
All postponement requests shall be submitted in writing to the city clerk at least ten
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days prior to the meeting upon where the postponement request will be considered. In
no case shall a postponement exceed 60 days.
(6) The appeal hearing will be conducted as a new evidentiary hearing in accordance with
the city's quasi-judicial procedures. The appellant may offer or submit additional
evidence and testimony at the hearing. At the hearing, the subject of the appeal may be
granted, granted with conditions, denied, or set for further consideration, except that no
conditions may be placed on the grant of an appeal of an interpretation of regulations.
Conditions may be placed on any other grant of appeal in the same manner as the
development application may have been conditioned originally.
(D) Conditions.
(1) The granting of an appeal of an interpretation is not subject to conditions.
(2) The granting of an appeal pertaining to a decision on a development application may be
conditioned in the same manner as the development application may have been
conditioned originally.
(E) Standard of review.
(1) The appeal of an administrative interpretation may be granted upon a finding that the
administrative officer's interpretation was plainly erroneous or inconsistent with the
City's ordinances and regulations.
(2) The appeal of a decision made by an approving body shall be subject to de novo review
and shall not be limited to the record from the previous hearing. The appellant may
offer or submit additional evidence and testimony at the hearing.
(3) The appeal of a board decision or other administrative decision, in accordance with
quasi-judicial proceedings, will be based on the substantial competent evidence in the
record and the application of the correct law.
(F) Stay of previous action. Whenever an appeal is filed, the action being appealed shall be
stayed i.e. the development application or appealed part thereof shall be considered neither
approved or denied.
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ARTICLE 2.6 - NOTICE REQUIREMENTS
Section 2.6.1. – General
(A) Requirements. The notice provisions in this article shall be required prior to Board and City
Commission hearings held pursuant to the Land Development Regulations and are
supplemental to any notice required by state law. Where state law expressly sets forth
notice requirements, such notice is sufficient to meet all legal notice requirements, despite
the additional notice set forth in this article.
(B) Concurrent notice. If two public hearings are required, then notice required by this Section
shall be provided prior to the first public hearing. When it is necessary to provide a notice of
a public hearing for multiple hearings before one or more bodies, said notice may be
combined within a single notice.
(C) Costs. All costs incurred by the city for advertising, providing notice and recording of any
documents shall be paid by the applicant. A request by the applicant to continue a hearing
shall require the applicant to incur re-notification and re-advertising costs.
(D) Required information. Any notice for a public hearing shall, at a minimum, contain the
following:
(1) Date, time and place of the public hearing
(2) Location of the property which is the subject of the hearing.
(3) Subject matter of the hearing. If an ordinance, the title of the ordinance.
(4) Identification of the location of information about the subject of the public hearing.
(5) The notice shall also advise that interested parties may appear at the meeting and be
heard with respect to the proposed ordinance.
Section 2.6.2. - Forms of Notice.
(A) Mailed notice. Unless otherwise provided by law, addresses for mailed notice required by
this Chapter shall be obtained from the latest ad valorem tax records provided by the county
property appraiser, no more than six months from the date of mailing.
(1) Notice shall be mailed at least 10 calendar days prior to the date of the board or City
Commission hearing to all real property owners whose land will be affected and whose
property lies within 500 feet of the perimeter of the property under consideration.
(2) Notice for an application to abandon a right-of-way or easement shall be provided to all
property owners within 100 feet of the right-of-way or easement at least 20 days prior to
the public hearing.
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(3) Mailed notice is the responsibility of the applicant.
(a) A list of such owners along with the mailing addresses shall be provided as a part
of the development application and shall be accompanied by an affidavit stating
that to the best of the applicant's knowledge, the list is complete and accurate. The
list shall be accompanied by a map showing all property lying within 500 feet of
the property under consideration, and mailing labels with the property owners’
name and mailing addresses.
(b) Staff will provide the applicant with the form of the notice at least one week prior to
the required mailing date.
(c) Prior to the date of the public hearing, an affidavit must be provided by the
applicant affirming that the notice was mailed.
(B) Posted property notice.
(1) Notice signs shall be posted by the applicant on the affected property in accordance
with placard standards established by the city.
(2) Placard signs shall be posted on the subject property visible from each adjoining right-
of-way or on each street block face at least seven calendar days prior to the date of the
board or Commission hearing. Each sign shall identify the action to be considered and
state the time and place of the hearing. Photographic documentation of the posted
placard(s) shall be provided to the City on the date of posting.
(3) Signs shall be maintained by the applicant until such time as a final decision is made
and shall be removed by the applicant within five calendar days of the decision.
(4) Properties under consideration for a land use or zoning map change that involve more
than 50 non-contiguous acres shall not be required to post signs when the application is
initiated by the city.
(C) Posting of Agenda. An agenda shall be established for every meeting of each Board and
City Commission. The agenda shall be posted in the main lobby of City Hall at least seven
calendar days prior to the day of a regular meeting and shall provide notice of any public
hearing. The agenda for a special meeting shall be posted at least 24 hours prior to the time
of the special meeting. A board shall only consider items that have been duly placed upon a
posted agenda except for items deemed an emergency and added to an agenda by a majority
of the board members.
(D) City Web Page. Notice of a public hearing shall be posted on the City’s web page at least
ten calendar days prior to the date of the scheduled hearing.
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(E) Published notice. Unless otherwise provided by statute, notice shall be by advertisement at
least 10 calendar days prior to the public hearing in the legal section of a newspaper that is
published at least five days per week.
Section 2.6.3. Required Public Notice
(A) Amendments to the Comprehensive Plan (Text and/or Land Use Map Amendments).
Notice requirements contained within the applicable sections of Florida Statutes Chapter
163 shall apply. Additional notice in Section 2.6.2 (A), (B), (C), and (D) shall be
provided prior to the Public Hearing before the Planning and Zoning Board.
(B) Annexations. Notice requirements for both voluntary and non-voluntary requests
contained within the applicable sections of Florida Statute Chapter 171 shall apply. No
additional notice is required.
(C) Conditional uses. Notice requirements in Section 2.6.2 (A), (B), (C) and (D) shall be
provided prior to the scheduled Public Hearing before the Planning and Zoning Board.
(D) Land Development Regulations Text Amendment, principal, conditional or prohibited
use. Notice requirements contained within the applicable sections of Florida Statutes
Chapter 166 shall apply.
(E) Rezoning. Notice requirements for both privately initiated and City-initiated requests
contained within the applicable sections of Florida Statutes Chapter 166 shall apply.
Additional notice in accordance with Section 2.6.2 (A), (B), (C), and (D) shall be
provided prior to the Public Hearing before the Planning and Zoning Board.
(F) Right-of-way abandonments. Notice in accordance with Section 2.6.2 (A), (B), (C), (D),
and (E) shall be provided prior to a Public Hearing before the Planning and Zoning
Board. The notice shall describe the property to be abandoned and shall generally
describe the obligations that will accrue to the property owners if the abandonment is
approved.
(G) Variances. Notice in accordance with Section 2.6.2 (A), (B), (C), and (D) shall be
provided prior to a Public Hearing before the applicable Board.
Section 2.6.4. - Courtesy notice and notice to external agencies
(A) General. Courtesy notice of receipt of a development application shall be made to affected
and interested groups as identified in this Section. Notice shall be provided concurrent with
agenda posting to allow for review and comment prior to action.
(B) Neighborhood groups. The City shall maintain a list of neighborhood groups that
Development Services will provide notice to for development applications that require
action by the Planning and Zoning Board, the Site Plan Review and Appearance Board, or
the Historic Preservation Board. A neighborhood group must provide the name and address
of a contact person; identification of the group; the types of items it wishes to be notified of;
and its geographic area of interest to the Neighborhood and Community Services
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Department. Development Services shall provide courtesy notices to groups of regarding
development applications once such applications are set on a Board's agenda.
(C) Utility Companies: Utility providers for gas, electricity, telephone, cable television, etc.
shall be notified of the submission of a site development plan or plat.
(D) Adjacent Units of Government: Whenever a development application involves land use
review or implements a development proposed within the comprehensive plan and it is
located within one-quarter mile of the boundary of an adjacent unit of government, notice
shall be provided to that unit of government.
(E) Florida Department of Transportation (FDOT): Whenever a site development plan
involves property adjacent to a thoroughfare maintained by FDOT, FDOT shall be notified
upon receipt of the development application and FDOT approval of any required
improvements or connections to the thoroughfare shall be required prior to approval of a plat
or building permit when a plat is not required.
(F) Palm Beach County Traffic Division:
(1) Whenever a site development plan involves property adjacent to a thoroughfare
maintained by Palm Beach County, its Traffic Division shall be notified upon receipt of
the development application and its approval of any improvements or connections to the
thoroughfare shall be required prior to approval of a plat or building permit when a plat
is not required.
(2) Required Traffic Studies shall be provided by the applicant to the County Traffic
Division for review and comment prior to any consideration by the approving body of
the associated development application.
(G) Lake Worth Drainage District (LWDD): Whenever a proposed project is adjacent to
LWDD facilities, the LWDD shall be notified upon receipt of the development application
for comments as to impact upon its facilities.
(H) City boards. City Boards shall be noticed as follows:
(1) Downtown Development Authority. Notice of all development applications within its
geographic limits.
(2) Community Redevelopment Agency. Notice of all development applications within its
geographic limits.
(3) Historic Preservation Board. Development applications that involve property located
within a Historic District or on a designated Historic Site but will not be acted upon by
the Historic Preservation Board may be referred to that Board at the Director’s
discretion so that a recommendation may be made prior to action by other reviewing
officials or authorities.