78-94 ORDINANCE NO. 78-94
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING SECTION 4.1.4, "USE
OF LOTS OF RECORD", OF THE LAND DEVELOPMENT
REGULATIONS OF THE CITY OF DELI{AY BEACH, FLORIDA, TO
PROVIDE THAT WHEN ADJACENT SUBSTANDARD LOTS ARE IN
COMMON OWNERSHIP AND, WHEN COMBINED, MEET MINIMUM
STANDARDS FOR AREA AND FRONTAGE, THE LOTS MUST BE
DEVELOPED IN ACCORDANCE WITH THOSE STANDARDS IN
RESIDENTIAL ZONING DISTRICTS OTHER THAN R-1-A (SINGLE
FAMILY) DISTRICT; 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 May 16,
1994, and has forwarded the change with a recommendation of approval
by a vote of 6 to 1; 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 Four, "Zoning Regulations", Article
4.1, "Establishment of Districts and Official Zoning Map", Section
4.1.4, "Use of Lots of Record", of the Land Development Regulations of
the City of Delray Beach, Florida, be, and the same is hereby amended
to read as follows:
Section 4.1.4 Use of Lots of Record: Any lot, or parcel, of record
which qualifies as a lot of record as set forth in these Regulations,
but which does not comply with respect to minimum lot area and minimum
lot dimensions specified for the zoning district in which it is
located, may nevertheless be used (for purposes as allowed in that
zoning district), as long as it complies with all other requirements
~of that zoning district, ~/~/~¢~/¢~¢~~/ ~D_J_9_Q.t._~Q
the following limitations:
(A) Duplex and multiple family structures may not be
constructed on a lot which has an area ~ less than that provided for
as the minimum lot area within the zoning district.
(B) A residential structure shall not be constructed on any
lot, within a residential zoning district~, which has ~ frontage of
less than fifty feet (50'). However, neither this provision, nor any
other provision of these regulations, shall prevent construction of a
residential structure on a Single Family Lot (or Parcel) of Record
which conforms with all other aspects of minimum lot size requirements
but which has no frontage. Further, such a Lot of Record with no
suitable access may achieve private access for a single family
residence and similar uses by means of a nonpublic (private) access
easement.
(C) In residential zoning districts other than R-1-A. if
tWO (~) or more adPoininq lots (or combination of lots and portions of
lots) of record are under the same ownership at the time of passage or
amendment of this ordinance, and if the total frontaae and the total
area is equal to or greater than that which is required by the zoning
district regulations, said property shall not be developed except in
accordance with the minimum frontage and lot area requirements of the
district. Ownership shall be determined bv the property ~ax rolls on
file in the Palm Beach County Property Appraiser's Offic~ as of
effective date of this ordinance.
~ That all ordinances or parts of ordinances in
conflict herewith be, and the same are hereby repealed.
~ 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.
~ 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 18th day of Oct~~
AT/%EST:
~ity ClWrk '
First Reading September 27, 1994
Second Reading October 18, 1994
- 2 - Ord. No. 78-94
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
SUBJECT: AGENDA ITEM #/~ - MEETING QF SEPTEMBER 27, 1994
FIRST READING FOR ORDINANCE NO, 78-94
DATE: SEPTEMBER 22, 1994
This is first reading for Ordinance No. 78-94 which amends Section
4.1.4, "Use of Lots of Record", of the Land Development Regulations
to require that when adjacent substandard lots are in common
ownership, and the combining of the lots would result in a parcel
which meets minimum standards regarding area and frontage, the lots
must be developed in accordance with those standards. Ownership is
determined from the Property Appraiser's tax rolls as of the date
of passage of this ordinance. Please refer to the staff
documentation for an analysis of the proposed amendment.
The Planning and Zoning Board formally reviewed this amendment on
May 16, 1994, and voted 6 to ! (Currie dissenting) to recommend
that it be adopted.
Recommend approval of Ordinance No. 78-94 on first reading. If
passed, a public hearing will be held on October 18, 1994.
ref:agmemo21
MEMORANQUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: C~ITY MANAGER
SUBJECT: AGENDA ITEM ~ /O J- - MEETING OF OCTOBER 18, 1994
SECOND READING/PUBLIC HEARIN~ FOR 0RDINAN~ NO. 78-94
DATE: OCTOBER 12, 1994
This is second reading and public hearing for Ordinance No. 78-94
which amends Section 4.1.4, "Use of Lots of Record", of the Land
Development Regulations to require that when adjacent substandard
lots are in common ownership, and the combining of the lots would
result in a parcel which meets minimum standards regarding area and
frontage, the lots must be developed in accordance with those
standards. Ownership is determined from the Property Appraiser's
tax rolls as of the date of passage of this ordinance. Please
refer to the staff documentation for an analysis of the proposed
amendment.
The Planning and Zoning Board formally reviewed this amendment on
May 16, 1994, and voted 6 to ! (Currie dissenting) to recommend
that it be adopted. At first reading on September 27, 1994, the
Commission passed the ordinance by unanimous vote.
Recommend approval of Ordinance No. 78-94 on second and final
reading.
5-0
ref:agmemo21
NOTICE OF CONDITIONAL AND ACCESSORY USE CHANGES
AND AMENDMENTS TO SUPPLEMENTAL DISTRICT REGULATIONS
OF THE LAND DEVELOPMENT REGULATIONS
OF THE CITY OF DELRAY BEACH, FLORIDA
The City of Delray Beach proposes to change the conditional and
accessory uses and certain supplemental district regulations for
land within the area shown in the map in this advertisement. The
proposed changes to the Land Development Regulations are more
specifically, but not limited to, the following:
(1) Amending Section 4.4.3, Single Family Residential (R-l)
Districts, Section 4.4.5, Low Density Residential (RL)
District, Section 4.4.6, Medium Density Residential (RM)
District, and Section 4.4.7, Planned Residential Development
(PRD) District, by adding height and size limits for accesssory
structures in residential zoning districts;
(2) Amending Section 4.1.4, Use of Lots of Record, of the Land
Development Regulations, to provide certain restrictions on the
use of non-conforming lots of record;
(3) Amending Section 4.4.19, Mixed Industrial and Commercial (MIC)
District, Subsection (H), Special Regulations", to require all
principal and conditional uses to be conducted within an
enclosed building, except for outside storage otherwise
approved;
(4) Amending Section 4.4.3, Single Family Residential (R-i)
Districts, Section 4.4.5, Low Density Residential (RL)
District, and Section 4.4.6, Medium Density Residential (RM)
District, to allow educational facilities as a conditional use
and home tutorial services (up to 5 students) as an accessory
use within these zoning districts.
(INSERT MAP HERE)
The City Commission will conduct two (2) Public Hearings for the
purpose of accepting public testimony regarding the proposed use
changes. The first Public Hearing will be held on TUESDAY.
SEPTEMBER 27. 1994, AT 7:00 P.M. (or at any continuation of such
meeting which is set by the Commission), in the Commission Chambers
at City Hall, 100 N.W. 1st Avenue, Delray Beach, Florida. If passed
on First Reading, the second Public Hearing will be held on TUESDAY.
OCTOBER 18. 1994. AT 7:00 P.M. (or at any continuation of such
meeting which is set by the Commission).
Ail interested citizens are invited to attend the public hearings
and comment upon the proposed use changes or submit their comments
in writing on or before the date of these hearings to the Planning
and Zoning Department. For further information or to obtain copies
of the proposed amendments to the Land Development Regulations,
please contact the Planning and Zoning Department, City Hall, 100
N.W. 1st Avenue, Delray Beach, Florida 33444 (Phone 407/243-7040),
between the hours of 8:00 a.m. and 5:00 p.m., Monday through Friday,
excluding holidays.
PLEASE BE ADVISED THAT IF A PERSON DECIDES TO APPEAL ANY DECISION
MADE BY THE CITY COMMISSION WITH RESPECT TO ANY MATTER CONSIDERED AT
THESE HEARINGS, SUCH PERSON MAY NEED TO ENSURE THAT A VERBATIM
RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE
TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. THE
CITY DOES NOT PROVIDE NOR PREPARE SUCH RECORD. PURSUANT TO F.S.
286.0105.
PUBLISH: Delray Beach News CITY OF DELRAY BEACH
September 19, 1994 Alison MacGregor Harty
October 12, 1994 City Clerk
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InstructiQns ~o N~wspaper; This ad is not to be placed in the legal
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one-quarter (1/4) page ad, and the entire headline must be an 18
~ headline. Thank you.
L-50 CANAL
LAKE IOA ROAD
~ LOWSON BOULEVARD
LINTON 8LVO.
E.':
.
L-38 CANAL C-15 CANAL
........,-- CITY OF DELRAY BF..ACH MUNICIPAL LIMITS
CITY COMMISSION DOCUMENTAT I ON
TO: DAVID T. HARDEN~C~TY~ MA~.~GER
DIANE DOMINGUEZ~ ~"~
FROM: DIRECTOR OF PLANNING & ZONING J ~
SUBJECT: MEETING OF SEPTEMBER 27, 1994
AMENDMENT TO LDR SECTION 4.1.4 REGARDING THE USE OF
NONCONFORMING LOTS OF RECORD.
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of
approval of an amendment to LDR Section 4.1.4, Uses of Lots
of Record.
BACKGROUND:
This amendment was initiated at the request of residents of the
Lake Ida area, in response to the construction of homes in that
neighborhood on lots which do not meet current minimum
standards. Under existing ordinances, a single family home can
be constructed on a substandard lot, provided that the parcel is
a lot of record, and has at least 50 feet of frontage. Even if
the same person owns adjacent substandard lots, and could meet
the minimum standards by developing the parcels as one, there is
no requirement that the lots be combined. This resulted in the
approval of three homes adjacent to each other on substandard
lots.
PROPOSED LDR AMENDMENT
The proposed ordinance would require that when adjacent
substandard lots are in common ownership, and the combining of
the lots would result in a parcel which meets minimum standards
regarding area and frontage, the lots must be developed in
accordance with those standards. Ownership is determined as of
the date of the passage of this ordinance.
PLANNING AND ZONING BOARD CONSIDERATION:
The Planning and Zoning Board formally reviewed this item at its
meeting of May 16, 1994. The Board voted 6-1 (Currie
dissenting) to recommend that the ordinance be adopted.
Pursuant to the Board's discussion on the item, the language in
the amendment was modified slightly to clarify that it is to
apply specifically to residential zoning districts.
City Commission Documentation
Amendment to LDR Section 4.1.4 Regarding
the Use of Nonconforming Lots of Record
Page 2
R E C OMME ND ED AC T I ON:
By motion, approve the proposed amendment to LDR Section 4.1.4,
Uses of Lots of Record.
Attachment:
* Proposed amendment
* P&Z Staff Report & Documentation of May 16, 1994
T:CCLOTREC.DOC
Section 4.1.4 Use of Lots of Record: Any lot, or parcel, of
record which qualifies as a lot of record as set forth in these
regulations, but which does not comply with respect to minimum
lot area and minimum lot dimensions specified for the zoning
district in which it is located, may nevertheless be used (for
purposes as allowed in that zoning district), as long as it
complies with all other requirements f~ of that zoning
district, W~Z~ Z~ f~~ ~Z~l subject to the
followinq limitations:
(A) Duplex and multiple family structures may not be
constructed on a lot which has an area ~f less than that
provided for as the minimum lot area within the zoning district.
(B) A residential structure shall not be constructed on
any lot, within a residential zoning district~, which has ~
frontage of less than fifty feet (50'). However, neither this
provision, nor any other provision of these regulations, shall
prevent construction of a residential structure on a Single
Family Lot (or Parcel) of Record which conforms with all other
aspects of minimum lot size requirements but which has no
frontage. Further, such a Lot of Record with no suitable access
may achieve private access for a single family residence and
similar uses by means of a nonpublic (private) access easement.
(C) In residential zoninq districts other than R-1-A~ if
two (2) or more adjoininq lots (or combination of lots and
portions of lots) of record are under the same ownership at the
time of passage or amendment of this ordinance~ and if the total
frontaqe and the total area is equal to or qreater than that
which is required by the zoning district requlations, said
property shall not be developed except in accordance with the
mininum frontaqe and lot area requirements of the district.
Ownership shall be determined by the property tax rolls on file
in the Palm Beach County Property Appraiser's Office as of the
effective date of this ordinance.
T:NCLOTS.DOC
PLANNING AND ZONING BOARD MEMORANDUM STAFF REPORT
MEETING OF: MAY 16, 1994
AGENDA ITEM: V.D. LDR AMENDMENT TO SECTION 4.1.4, USES OF
LOTS OF RECORD
ITEM BEFORE THE BOARD:
The item before the Board is that of recommending to the
City Commission approval of an amendment to the LDRs
concerning the use of nonconforming lots of record.
BACKGROUND:
This LDR amendment was initiated by ~he Board at its meeting of
March 16, 1994, in response to concerns raised by residents of
the Lake Ida neighborhood. Building permits were issued for the
construction of three homes on platted lots which do not meet
current minimum standards for frontage and lot area. As a
result, the homes are not consistent with the general character
of the neighborhood.
LDR Section 4.1.4, Use of Lots of Record, allows for the use.of
lots of record which do not meet current minimums, subject to
certain criteria. A home may be constructed on a substandard
platted lot, provided that it has at least 50 feet of frontage.
There is no requirement that adjacent lots that are in common
ownership be combined in order to meet the minimum standards.
The lots in the Lake Ida neighborhood are owned by the same
person. If the City had regulations which required that the
lots be developed in a manner which complies with current codes,
only one house could have been built on the combined properties.
Alternatively, the owner could have applied for a replat of the
property to create two lots, one of which would not meet minimum
frontage requirements for a corner lot (creation of the
nonconforming lot would have required special permission by the
City Commission). Instead, three homes are being constructed.
Regulations which require the combining of commonly owned
substandard lots are not uncommon. The cities of Boynton Beach,
Stuart, and Highland Beach have such provisions in their codes.
Staff reviewed those ordinances prior to drafting one which
would fit within our existing regulations.
ANALYSIS:
The proposed amendment (copy attached) would continue to allow
for the use of substandard lots of record as currently
permitted, provided that the lots are in single ownership.
Planning and Zoning Board Staff Report
LDR Amendment Re: Nonconforming Lots of Record
Page 2
However, when substandard adjacent lots are under common
ownership, and the combining of the lots results in a parcel
which meets minimum frontage and minimum area requirements, then
those lots must be developed in accordance with those minimums.
Ownership would be that which ks on record at the date that the
ordinance is passed.
The R-1-A zoning district has been specifically excluded from
this ordinance. The 60' minimum frontage required in the R-1-A
district is not significantly greater than the 50' minimum
required for development on substandard platted lots. Also, if
the restriction were to apply to R-1-A zoning, infill housing
opportunities would be reduced.
RECOMMENDED ACTION:
By motion, recommend to the City Commission approval of the
attached amendment to LDR Section 4.1.4, Use of Lots of Record.
Attachments:
* Proposed ordinance
Report prepared by Diane Dominguez