24-94 FAILED ON FIRST READING - APRIL 19, 1994
ORDINANCE NO. 24-94
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING ARTICLE 1.3,
"NONCONFORMING USES, LOTS, AND STRUCTURES", SECTION
1.3.6, "REPAIRS AND MAINTENANCE", OF THE LAND
DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES OF
THE CITY OF DELRAY BEACH, FLORIDA, TO PROVIDE THAT
REPAIR WORK DONE ON ANY NONCONFORMING STRUCTURE OR ON
A STRUCTURE CONTAINING A NONCONFORMING USE SHALL NOT
EXCEED 25% OF THE CURRENT REPLACEMENT COST OF THE
STRUCTURE; PROVIDING A GENERAL REPEALER CLAUSE, A
SAVING CLAUSE, AND AN EFFECTIVE DATE.
WHEREAS, pursuant to LDR Section 1.1.6, the Planning and
Zoning Board reviewed the subject matter at its meeting of April 18,
1994, and has forwarded the change with a recommendation of approval;
and
WHEREAS, pursuant to Florida Statute 163.3174(4) (c), the
Planning and Zoning Board, sitting as the Local Planning Agency, has
determined that the change is consistent with, and furthers the
objectives and policies of, the Comprehensive Plan.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Chapter One, "General Provisions", Article
1.3, "Nonconforming Uses, Lots, and Structures", Section 1.3.6,
"Repairs and Maintenance", of the Land Development Regulations of the
Code of Ordinances of the City of Delray Beach, Florida, be, and the
same is hereby amended to read as follows:
Section 1.3.6 Repairs and Maintenance:
(A) On any nonconforming structure or on a structure
containing a nonconforming use, work may be done on ordinary
repairs, or on repair or replacement of fixtures, nonbearing
walls, plumbing, or wiring, provided the repair work does not
exceed ~25% of the current replacement cost of the structure.
(B) If the Chief Building Official declares a nonconforming
structure or structure containing a nonconforming use to be
unsafe or unlawful due to its physical condition, such structure
shall not be rebuilt, repaired, or restored, except in
conformance with the requirements for the zoning district in
which it is located.
FAILED ON FIRST READING - APRIL 19, 1994
FAILED ON FIRST READING - APRIL 19, 1994
(C) Nothing herein shall prevent the strengthening or
restoring to a safe condition, any building or part thereof
declared to be unsafe by the Chief Building Official.
Section 2. That all ordinances or parts of ordinances in
conflict herewith be, and the same are hereby repealed.
Section 3. That should any section or provision of this
ordinance or any portion thereof, any paragraph, sentence, or word be
declared by a court of competent jurisdiction to be invalid, such
decision shall not affect the validity of the remainder hereof as a
whole or part thereof other than the part declared to be invalid.
Section 4. That this ordinance shall become effective
immediately upon passage on second and final reading.
PASSED AND ADOPTED in regular session on second and final
reading on this the day of , 1994.
MAYOR
ATTEST:
City Clerk
First Reading
Second Reading
- 2 - Ord. No. 24-94
FAILED ON FIRST READING - APRIL 19, 1994
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER~
SUBJECT: AGENDA ITEM # /~ - MEETING OF APRIL 19, 1994
FIRST READING/ORDINANCE NO. 24-94 AMENDS THE LDR'S TO
INCREASE THE MAXIMUM AMOUNT EXPENDED ON REPAIRS RELATING
TO NONCONFORMING USES
DATE: APRIL 15, 1994
Ordinance No. 24-94 amends the Land Development Regulations to
increase the maximum amount to be expended on repairs to
nonconforming structures from 10% to 25%.
This amendment was reviewed in draft form by the City Commission at
the workshop meeting of March 15, 1994. Additional restrictions
suggested by the Commission at that time have been incorporated
into the ordinance proposed for adoption. Refer to the staff
report provided with Ordinance 23-94 for additional background and
description regarding the changes.
The Planning and Zoning Board will formally review the amendments
at the meeting of April 18, 1994. The Board's recommendation will
be provided to the Commission at the April 19th meeting.
Recommend consideration of Ordinance No. 24-94 on first reading.
If passed, public hearing will be held on May 3, 1994.
ref:agmemol0
ORDINANCE NO. 24-94
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING ARTICLE 1.3,
"NONCONFORMING USES, LOTS, AND STRUCTURES", SECTION
1.3.6, "REPAIRS AND MAINTENANCE", OF THE LAND
DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES OF
THE CITY OF DELRAY BEACH, FLORIDA, TO PROVIDE THAT
REPAIR WORK DONE ON ANY NONCONFORMING STRUCTURE OR ON
A STRUCTURE CONTAINING A NONCONFORMING USE SHALL NOT
EXCEED 25% OF THE CURRENT REPLACEMENT COST OF THE
STRUCTURE; PROVIDING A GENERAL REPEALER CLAUSE, A
SAVING CLAUSE, AND AN EFFECTIVE DATE.
WHEREAS, pursuant to LDR Section 1.1.6, the Planning and
Zoning Board reviewed the subject matter at its meeting of April 18,
1994, and has forwarded the change with a recommendation of approval;
and
WHEREAS, pursuant to Florida Statute 163.3174(4) (c), the
Planning and Zoning Board, sitting as the Local Planning Agency, has
determined that the change is consistent with, and furthers the
objectives and policies of, the Comprehensive Plan.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Chapter One, "General Provisions", Article
1.3, "Nonconforming Uses, Lots, and Structures", Section 1.3.6,
"Repairs and Maintenance", of the Land Development Regulations of the
Code of Ordinances of the City of Delray Beach, Florida, be, and the
same is hereby amended to read as follows:
Section 1.3.6 Repairs and Maintenance:
(A) On any nonconforming structure or on a structure
containing a nonconforming use, work may be done on ordinary
repairs, or on repair or replacement of fixtures, nonbearing
walls, plumbing, or wiring, provided the repair work does not
exceed ~25% of the current replacement cost of the structure.
(B) If the Chief Building Official declares a nonconforming
structure or structure containing a nonconforming use to be
unsafe or unlawful due to its physical condition, such structure
shall not be rebuilt, repaired, or restored, except in
conformance with the requirements for the zoning district in
which it is located.
(C) Nothing herein shall prevent the strengthening or
restoring to a safe condition, any building or part thereof
declared to be unsafe by the Chief Building Official.
Section 2. That all ordinances or parts of ordinances in
conflict herewith be, and the same are hereby repealed.
Section 3. That should any section or provision of this
ordinance or any portion thereof, any paragraph, sentence, or word be
declared by a court of competent jurisdiction to be invalid, such
decision shall not affect the validity of the remainder hereof as a
whole or part thereof other than the part declared to be invalid.
Section 4. That this ordinance shall become effective
immediately upon passage on second and final reading.
PASSED AND ADOPTED in regular session on second and final
reading on this the day of , 1994.
MAYOR
ATTEST:
City Clerk
First Reading
Second Reading
- 2 - Ord. No. 24-94