28-94 ORDINANCE NO. 28-94
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
RESTRICTIONS FOR THE REPAIR AND MAINTENANCE OF
NONCONFORMING STRUCTURES; 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 10% of the current replacement cost of the structure in
any 12 month period. In addition~ the Site Plan Review an~
Appearance Board may approve exterior modifications to a
nonconforminq structure or a structure containing a nonconforming
q~e, provided the modifications do not exceed 15% of the current
replacement cost of the structure in any 12 month period.
(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 17th day of May , 1994.
ATTEST:
City dle~k '
First Reading May 3, 1994
Second Reading May 17, 1994
- 2 - Ord. No. 28-94
TO: MAYOR AND CITY COMMISSIONERS
SUBJECT: AGENDA ITEM ~ /O ~ - MEETING OF MAY 17. 1994
ORDINANCE NO. 28-94 AMENDING THE LDR'S REPAIR AND
MAINTENANCE PROVISIONS TO NONCONFORMING USES
DATE: MAY 13, 1994
This is public hearing on an ordinance amending the Land
Development Regulations to increase the maximum amount to be
expended on repairs to nonconforming structures.
On April 19, 1994 the City Commission considered Ordinance No.
24-94 which would have increased the amount that could be expen-
ded on repairs to nonconforming structures from 10 percent to 25
percent. During discussion, concerns were raised that such an
increase would allow for a greater investment in a nonconforming
structure or use without necessarily improving the appearance of
the building. The ordinance failed on first reading by unanimous
vote, with direction to staff to redraft the amendment along the
lines discussed.
Ordinance 28-94 represents the revised amendment. It retains the
existing 10 percent limit on the amount that can be expended on
normal maintenance and repairs, but allows for an additional
expenditure of up to 15 percent of the current replacement cost
of the structure for exterior improvements, subject to approval
by the Site Plan Review and Appearance Board. It also specifies
that the total amount expended for improvements cannot exceed the
stated limits within any given 12 month period.
First reading on this revised ordinance was May 3, 1994, and
passed by unanimous vote (5-0) of the Commission.
Recommend approval of Ordinance No. 28-94 on second and final
reading.
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGE R~'l
SUBJECT: AGENDA ITEM # /~ - MEETING OF MAY 3, 1994
FIRST READING OF ORDINANCE NO. 28-94/REPAIR AND
MAINTENANCE OF NONCONFORMING STRUCTURES
DATE: APRIL 29, 1994
On April 19, 1994, the City Commission considered Ordinance No.
24-94 which would have increased the amount that could be expended
on repairs to nonconforming structures from 10% to 25%. During
discussion, concerns were raised that such an increase would allow
for a greater investment in a nonconforming structure or use
without necessarily improving the appearance of the building. The
ordinance failed on first reading by unanimous vote, with direction
to staff to redraft the amendment along the lines discussed.
Ordinance No. 28-94 represents the revised amendment. It retains
the existing 10% limit on the amount that can be expended on normal
maintenance and repairs, but allows for an additional expenditure
of up to 15% of the current replacement cost of the structure for
exterior improvements, subject to approval by the Site Plan Review
and Appearance Board. It also specifies that the total amount
expended for improvements cannot exceed the stated limits within
any given 12 month period.
The Planning and Zoning Board reviewed the original amendment on
April 18, 1994, and recommended approval. The Board has not
reviewed this change since the revision does not increase the total
overall percentage.
Recommend approval of Ordinance No. 28-94 on first reading. If
passed, public hearing will be held on May 17, 1994.
ref:agmemo7
CITY COMMISSION DOCUMENTATION
TO: DAVID T. HARDEN, CITY MANAGER
FROM: DIANE DOMINGUEZ,
SUBJECT: MEETING OF MAY 3, 1994
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of
approval on first reading of a text amendment relating to
the repair and maintenance of nonconforming structures.
BACKGROUND:
This amendment was presented to the City Commission at its
meeting of April 19, 1994, along with another ordinance related
to nonconforming uses. As originally presented, the amendment
would have increased the amount that could be expended on the
repair and maintenance of nonconforming structures (and
structures containing nonconforming uses) from 10% to 25% of the
replacement value of the structure. During the discussion of
the amendment, Commission members expressed concern that the
increase would allow for a greater investment in a nonconforming
structure or use without necessarily improving the appearance of
the building. It was suggested that the language be changed to
allow for additional exterior improvements only.
The revised amendment retains the existing 10% limit on the
amount that can be expended on normal maintenance and repairs.
However, it allows for an additional expenditure equal to 15% of
the replacement value for exterior improvements that are
approved by SPRAB. It also specifies that the total for
improvements can't exceed the stated limits within any given 12
month period. These changes will have the effect of allowing
for additional exterior improvements that will benefit the
surrounding area as well as the individual businesses.
PLANNING AND ZONING BOARD CONSIDERATION:
The Planning and Zoning Board reviewed the original amendment at
its meeting of April 18, 1994, and recommended approval. As the
revisions do not increase the total overall percentage, the
Board does not have to review the change.
RECOMMEND ED ACTION:
By motion, approve the revised amendment as attached.
Attachment:
* Ordinance by others
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 10% of the current replacement cost of the structure i__qn
any 12 month period. In addition~ the Site Plan Review and
Appearance Board may approve exterior modifications to a
nonconforming structure or a structure containing a
nonconforming use~ provided the modifications do not exceed 15%
of the current replacement cost of the structure in any 12-month
period.
ORDINANCE NO 28-94
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
RESTRICTIONS FOR THE REPAIR AND MAINTENANCE OF
NONCONFORMING STRUCTURES; PROVIDING A GENERAL
REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE
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 10% of the current replacement cost of the structure in
any 12 month period. In addition~ the Site Plan Review and
Appearance Board may approve exterior modifications to a
nonconforming structure or a structure containing a nonconforming
use, provided the modifications do not exceed 15% of the current
replacement cost of the structure in any 12 month period.
(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 po~tion 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.
~¥OR
ATTEST:
City Clerk
First Reading
Second Reading
- 2 - Ord. No. 28-94