Ord 36-07f \.
ORDINANCE NO. 36-07
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY
BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT
REGULATIONS OF THE CITY OF DELRAY BEACH, BY AMENDING
SECTION 2.2.3, "THE SITE PLAN REVIEW AND APPEARANCE BOARD",
SUBSECTION (D), "DUTIES, POWERS AND RESPONSIBILITIES", AND
SECTION 2.2.4, "THE BOARD OF ADJUSTMENT", SUBSECTION (D),
"DUTIES, POWERS AND RESPONSIBILITIES", TO PROVIDE FOR A
METHOD FOR APPEALS; AMENDING SECTION 2.4.8, "PROCESSING
SCHEDULES", IN ORDER TO PROVIDE 30 DAYS FOR REVIEW OF
BEACH PROPERTY PLANS IN ACCORDANCE WITH THE BEACH
PROPERTY OWNERS DESIGN MANUAL; AMENDING SECTION 4.4.3,
"SINGLE FAMILY RESIDENTIAL (R-1) DISTRICTS", SUBSECTIONS (A),
"PURPOSE AND INTENT", (E), "REVIEW AND APPROVAL PROCESS", (F),
"DEVELOPMENT STANDARDS", AND (G), "SUPPLEMENTAL DISTRICT
REGULATIONS", AND AMENDING SECTION 4.5.13, "NORTH
BEACH/SEAGATE AND OCEAN NEIGHBORHOOD OVERLAY
DISTRICTS", TO PROVIDE THAT VISUAL COMPATIBILITY MAY BE
REGULATED IN ACCORDANCE WITH THE NORTH BEACH AND
SEAGATE NEIGHBORHOODS DESIGN MANUAL; PROVIDING A
SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN
EFFECTIVE DATE.
WHEREAS, pursuant to LDR Section 1.1.6, the Planning and Zoning Board reviewed the proposed
text amendment at a public hearing held on August 20, 2007 and voted 7 to 0 to recommend that the
changes be approved; and
WHEREAS, pursuant to Florida Statute 163.3174(4)(c), the Planning and Zoning Board, sitting as
the Local Planning Agenry, has determined that the change is consistent with and furthers the goals,
objectives and policies of the Comprehensive Plan; and
WHEREAS, the City Commission of the City of Delray Beach adopts the findings in the Planning
and Zoning Staff Report; and
WHEREAS, the City Commission of the City of Delray Beach finds the ordinance is consistent with
the Comprehensive Plan; and
WHEREAS, the City Commission desires and intends for the City's contractor, currently Urban
Design Studio, to have wide discretion to limit overlay and zoning district requirements fettered by the
limitations provided in this ordinance and in the North Beach/Seagate and Ocean Neighborhood Overlay
District Design Manual (Beach Property Owners Design Manual) pertaining to visual compatibility
standards including but not limited to: height, width, scale, mass, colors, materials, style, form and square
footage; and
WHEREAS, the City Commission desires and intends that the limitations provided in the zoning
district regulations shall serve as a maximum upper limit and these Design Guidelines provided in the Beach
Property Owners Design Manual and codified in this ordinance shall provide additional limitations that may
be considered and applied to properties within the North Beach and Seagate Neighborhood Overlay
District as defined in Section 4.5.13 of the LDRs.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AS FOLLOWS:
' n 1. That Section 2.2.3, "The Site Plan Review and Appearance Board", Subsection (D),
"Duties, Powers, And Responsibilities", of the Land Development Regulations of the City of Dekay Beach,
Florida, shall be amended to read as follows:
(D) Duties, Powers, and Responsibilities:
(1) The Board hereby has the authority to take action on the following items pursuant to
the procedures and standards of the LDR:
~ ~ Certain site and development plans, as provided in this Code
~ ~b Granting of relief from the number of parking spaces required for specific
uses pursuant to Section 4.6.9(C)(1)(g)
~ j,~ Granting of relief to Section 4.6.16 through the waiver process
~ c~ Preliminary and final landscape plans
~ Ig), Master Sign Programs
~ j#~ Signage as allowed by Section 4.6.7
~ Ig). Appeal of administrative interpretations made in application of the sign code
and the landscaping code
~ ~ Architectural elevations
~ ~ Streetscape and landscape features (e.g. walls, fences, lighting, dumpster
enclosures, etc.)
(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.
L3) The Board has the authority to hear abpeals to any "Design Guidelines" in Section II
of the Beachof the Beach Property Owners Design Manual for the North Beach & Sea tga a Neighborhoods as set
2 ORD. NO.36-07
Section 2. That Section 2.2.4, "The Board of Adjustment", Subsection (D), "Duties, Powers
and Responsibilities", of the Land Development Regulations of the City of Delray Beach, Florida, shall be
amended to read as follows:
Section 2.2.4 The Board of Adjustment:
(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 these Land Development Regulations.
(2) The Board, so long as its actions are in conformity with the terms of these
Land Development Regulations may reverse or affirm, wholly or partly, or may modify the order,
requirement, or decision, or determination appealed form and may make such order, requirements,
decision, or determination as sought to be made, and to that end shall have powers of the Chief
Building Official from whom the appeal is taken.
(3) The Board hereby has the authority to grant variances and hear appeals from
the provisions of
(a) The General Development Standards set forth in Section 4.3.
(b) Regulations found in the Flood Damage Control Overlay District,
Section 4.5.3.
(c) The supplemental district regulations (Article 4.6) except where said
authority is expressly prohibited or granted to others.
(d) Fire Prevention codes, Chapter 96 of the City Code, per Section
96.06.
~ "Distdct Regulations and Incentives" in Section I of the Beach
Ptop~ Owners Design Manual for North Beach & Seagate
Neighborhoods as set forth in Section 4.5.13.
Section 3. That Section 2.4.8, "Processing Schedules", of the Land Development Regulations
of the City of Delray Beach, Florida, be and the same is hereby amended to read as follows:
ORD. N0.36-07
/~
Section 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:
~ ~. Granting of a variance prior to site plan approval
~ j~ Obtaining a certificate of appropriateness prior to approval of a site
P~
~ ~. Obtaining administrative relief prior to site plan approval
~!~ 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.
{a} ~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 accepted shall have listed items which must be provided for full
acceptance and a date by which such information must be provided.
4 ORD. N0.36-07
/~
. ~
{b~ X2,1 An accepted or tentatively accepted application shall be distributed to
appropriate administrative units within the City for review and comment.
Reviews include:
~ j~, Engineering
~ ~ Code Enforcement
~ j~. Public Utilities
~ ~ PLlnning
~ ~ Fire
~ j~ Horticulturist
~ ~ Building
~ j~a, Police
{e313), Public hearing notice shall be made. Also, a description of the application
shall be provided to external agencies, as appropriate, for review and
comment.
{dj ~ 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.
fe} ~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 Boazd review aze to be submitted
on the first Friday of a month in order to be considered at the Boar's regular meeting of the
subsequent month (normally the third Monday).
(2) Items which require Site Plan Review and Appearance Boazd 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
5 ORD. N0.36-07
(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:
(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 Corntnission meting 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 Commissions, 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 fox appropriate notice and to be included on the published
and posted agenda for the Board's meeting.
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 u~ to (30)
davs for issuance of a letter of compliance with the Beach Proper Owners Design Manual.
Section 4. That Section 4.4.3, "Single Family Residential (R-1) Districts", Subsections (A),
"Purpose and Intent", (E), "Review and Approval Process", (F~, "Development Standards", and (G),
"Supplemental District Regulations", of the Land Development Regulations of the Code of Ordinances of
the City of Dekay Beach, Florida, shall be amended to read as follows:
Section 4.4.3 Single Family Residential (R-1) Districts:
ORD. N0.36-07
f
(A) Purpose and Intent: The Single Family Residential Districts have been created in
order to provide areas where the traditional single family detached residence can be established and
maintained and be protected from the unwarranted intrusion of other inappropriate uses. Further,
the Single Family Residential Districts are established in compliance with provisions of Goal Area
"A" of the Comprehensive Plan which calls for the preservation and maintenance of stable
neighborhoods. The following Single Family Residential Districts are regulated by this Section:
~~ R-1-AAA
~ j?,). R-1-ARAB
~ (~ R-1-AA
~ j~ R-1-AAB
~ ~ R-1-A
~ j,~ R-1-AB
(E) Review and Approval Process:
(1) All principal uses and accessory uses thereto shall be allowed upon
application to and approval by the Chief Building Official for structures which require a
building permit and otherwise complying with applicable use restrictions.
(2) Conditional uses must be approved pursuant to the provisions of Section
2.4.5(E).
(3) The creation of a new lot for the purpose of building a single family
residence requires platting pursuant to 2.4.5(n or (I~, as applicable.
(4) Within the North Beach/Seagate and Ocean Neighborhood Overlay
Districts, all applications for single family residences, and additions and renovations that
exceed 50% of the square footage of the existing structure must be reviewed in accordance
with the Beach Property Owners Design Manual.
pursuant to the site plan processing schedule provisions of
Section 2.4.8.
(F~ Development Standards: The development standards as set forth in Section 4.3.4
shall apply, except as modified below:
(1) In addition to the provisions of Section 4.3.4(I~, properties located within
the North Beach/Seagate and Ocean Neighborhood Overlay Districts shall comply with the
provisions of the adopted Beach Progeny Owners Design Manual for the North Beach and
Seagate Neighborhoods: including but not limited to visual compatibility standards relating
to limitations on height, width. mass, scale, materials, color, style. form. and square footage.
ORD. NO.36-07
(G) Supplemental District Regulations: The supplemental district regulations as set forth
in Article 4.6 shall apply, except as modified below:
(1) In addition to the provisions of Section 4.3.4(I~, properties located within
the North Beach/Seagate and Ocean Neighborhood Overlay Districts shall comply with the
provisions of the adopted Beach Proper Owners Design Manual for the North Beach and
Seagate Neighborhoods: including but not limited to visual compatibilit; standards relating
to limitations on he~ht. width, mass scale materials, color style form, and square footage
Section 5. That Section 4.5.13, "North Beach/Seagate And Ocean Neighborhood Overlay
Districts", of the Land Development Regulations of the City of Delray Beach, Florida, shall be amended to
read as follows:
Section 4.5.13 North Beach/Seagate and Ocean Neighborhood Overlay Districts:
(A) General: With the adoption of the City's Comprehensive Plan Amendment 99-1,
Housing Element Policy A-12.4 was modified to state the City will provide planning and technical
assistance to implement neighborhood-supported initiatives aimed at preserving the character of
existing residential areas. Such assistance may involve the formulation of regulations that would
limit the size and scale of new homes to be consistent with existing structures within a defined
neighborhood, and analysis of the housing inventory to determine if the area qualifies for
designation as a historic district, and similar measures. In accordance with this polity, s the Beach
Property Owners Design Manual was prepared for the single family zoned properties east of the
Intracoastal Waterway, and was adopted by the City Commission on January 4, 2005. This section is
created to adopt and implement the provision of the North Beach and Seagate Neighborhoods
Design Manual. All development within the North Beach/Seagate and Ocean District
Neighborhood Overlay District, as defined in Section (B) below, shall take place according to the
provisions of the manual adopted herein and shall follow the standards for visual compatibility
provided within the guidelines including regulations limiting height. width. mass. scale. materials.
color,~le. form and square footage The Beach Proper Owners Des~n Manual is included as an
exhibit hereto.
Section 6• 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 7• That all ordinances or parts of ordinances in conflict herewith be, and the same aze
hereby repealed.
ORD. NO.36-07
Section 8• That this ordinance shall become effective immediately upon its passage on second
and final reading.
PASSED AND ADOPTED in regular session on second and final reading on this 18~' day of
September, 2007.
`~O`~
MAYOR
ATTEST:
~,
CITY CLERK
First Rea ~
Second Rea ~~
9 ORD. NO.36-07
TO: MAYOR AND CITY COMMISSIONERS
FROM:
SUBJECT:
DATE: SEPTEMBER 14, 2007
ITEM BEFORE COMMISSION
This ordinance is before Commission for second reading to adopt a City initiated amendment to the
Land Development Regulations (LDR) Section 2.2.3, "The Site Plan Review And Appearance Board",
Subsection (D), "Duties, Powers and Responsibilities", and Section 2.2.4, "The Board of
Adjustment", Subsection (D), "Duties, Powers and Responsibilities", to provide for a method for
appeals; amending Section 2.4.8, "Processing Schedules", in order to provide 30 days for review of
beach property plans in accordance with the beach property owners design manual; amending Section
4.4.3, "Single Family Residential (R-1) Districts", Subsections (A), "Purpose and Intent", (E), "Review
and Approval Process", (F~, "Development Standards", and (G), "Supplemental District Regulations",
and amending Section 4.5.13, "North Beach/Seagate and Ocean Neighborhood Overlay Districts", to
provide that visual compatibility may be regulated in accordance with the "Beach Property Owners
Design Manual" for North Beach and Seagate Neighborhoods.
BACKGROUND
At the first reading on September 4, 2007, the Commission passed Ordinance No. 36-07.
FUNDING SOURCE
N/A
RECOMMENDATION
Recommend approval of Ordinance No. 36-07 on second and final reading.
S:\Gty Cleft\AGENDA COVER MEMOS\Oedinunce Agenda Memw\Ood 36-07 ~d Reading 09.1&07.d«
ORDINANCE NO.36-07
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CANDI JEFFERSON, SENIOR PLANNER
PAUL DORLING, AICP, DIRECTOR PLANNING AND ZONING
THROUGH: CITY MANAGE~~
DATE: AUGUST 28, 2007
SUBJECT: AGENDA ITEM # i (~.~ - REGULAR MEETING -SEPTEMBER 4, 2007
CONSIDERATION OF A CITY-INITIATED AMENDMENT TO THE LAND
DEVELOPMENT REGULATIONS (LDR), AMENDING SECTION 2.2.3, "THE
SITE PLAN REVIEW AND APPEARANCE BOARD", AND SECTION 2.2.4,
"THE BOARD OF ADJUSTMENT", TO PROVIDE FOR A METHOD FOR
APPEALS; AMENDING SECTION 2.4.8, "PROCESSING
SCHEDULES", IN ORDER TO PROVIDE 30 DAYS FOR REVIEW OF
BEACH PROPERTY PLANS IN ACCORDANCE WITH THE BEACH
PROPERTY OWNERS DESIGN MANUAL; AMENDING SECTION 4.4.3,
"SINGLE FAMILY RESIDENTIAL (R-1) DISTRICTS", AND AMENDING
SECTION 4.5.13, "NORTH BEACH/SEAGATE AND OCEAN
NEIGHBORHOOD OVERLAY DISTRICTS", TO PROVIDE THAT
VISUAL COMPATIBILITY MAY BE REGULATED IN ACCORDANCE WITH
THE "BEACH PROPERTY OWNERS DESIGN MANUAL" FOR
NORTH BEACH AND SEAGATE NEIGHBORHOODS.
ITEM BEFORE COMMISSION
The item before the City Commission is aCity-initiated amendment to the Land Development
Regulations (LDRs) Sections 2.2.3 (d), 2.2.4 (d), 2.4.8, 4.4.3 (a), (e), (f), and (g), and 4.5.13.
These sections deal with the review process for projects located within the North
Beach/Seagate and Ocean Neighborhood Overlay Districts, authorities granted to the reviewing
body (currently Urban Design Studio) and specific Boards to which authority is given to review
applications for appeals to design guidelines or other regulations in the Beach Property Owners
Design Manual.
Pursuant to Section 1.1.6, an amendment to the text of the Land Development Regulations may
not be made until a recommendation is obtained from the Planning and Zoning Board.
BACKGROUND
The current language in LDR Section 2.2.3 (d) and 2.2.4 (d) does not give the Site Plan Review
and Appearance Board (SPRAB) nor the Board of Adjustment (BOA} the authority to hear
appeals to Section II and Section I respectively, as stated in the Beach Overlay Design
Guidelines Manual. This LDR text amendment shall add language to the LDRs to make both
documents consistent and fully enforceable.
City Commission Documentation, Meeting of September 4, 2007
City-Initiated Amendment to the LDRs Amending Beach Overlay District Review Process
Language in LDR Section 2.4.8 will be modified to specify the deadline for submittals of project
applications in the North Beach/Seagate and Ocean Neighborhood Overlay Districts and clarify
the application processing time needed to allow for full review and approval (30 days).
Language in LDR Section 4.4.3 (F) is being added to give the authority to apply restrictions
above and beyond the minimum requirements of LDR Section 4.3.4 (K) development standards,
which include but not limited to visual compatibility standards, limitations on height, width, mass,
scale, materials, colors, style, form and square footage as referenced in the Beach Property
Owners Design Manual.
REVIEW BY OTHERS
The text amendment was considered by the Planning and Zoning Board on August 20, 2007.
No one from the public spoke on the issue. The Board recommended approval on a 7 to 0 vote,
by adopting the findings of fact and law contained in the staff report and finding that the
amendment is consistent with the Comprehensive Plan and meets criteria set forth in Section
2.4.5(M) of the Land Development Regulations.
RECOMMENDATION
By motion, approve on first reading Ordinance No. 36-07, amending Land Development
Regulations (LDRs) Section 2.2.3, the "Site Plan Review and Appearance Board", Subsection
(D), "Duties, Powers and Responsibilities", and Section 2.2.4, The "Board Of Adjustment",
Subsection (D), "Duties, Powers And Responsibilities", to provide for a method for appeals;
Section 2.4.8, "Processing Schedules", in order to provide 30 days for review of beach property
plans in accordance with the Beach Property Owners Design Manual; Section 4.4.3, "Single
Family Residential (R-1) Districts", Subsections (A), "Purpose And Intent", (E), "Review And
Approval Process", (F), "Development Standards", and (G), "Supplemental District Regulations",
And Section 4.5.13, "North Beach/Seagate And Ocean Neighborhood Overlay Districts" to
provide that visual compatibility may be regulated in accordance with the "Beach Property
Owners Design Manual" for North Beach and Seagate Neighborhoods, by adopting the findings
of fact and law contained in the staff report and finding that the request is consistent with the
Comprehensive Plan and meets the criteria set forth in LDR Section 2.4.5(M)(5).
Attachments:
^ Ordinance No. 36-07
^ Planning and Zoning Staff Report of August 20, 2007
2
ORDINANCE N0.36-07
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY
BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT
REGULATIONS OF THE CITY OF DELRAY BEACH, BY AMENDING
SECTION 2.2.3, `"THE SITE PLAN REVIEW AND APPEARANCE BOARD",
SUBSECTION (D), "DUTIES, POWERS AND RESPONSIBILITIES", AND
SECTION 2.2.4, "THE BOARD OF ADJUSTMENT", SUBSECTION (D),
"DUTIES, POWERS AND RESPONSIBILITIES", TO PROVIDE FOR A
METHOD FOR APPEALS; AMENDING SECTION 2.4.8, "PROCESSING
SCHEDULES", IN ORDER TO PROVIDE 30 DAYS FOR REVIEW OF
BEACH PROPERTY PLANS IN ACCORDANCE WITH THE BEACH
PROPERTY OWNERS DESIGN MANUAL; AMENDING SECTION 4.4.3,
"SINGLE FAMILY RESIDENTIAL (R-1) DISTRICTS", SUBSECTIONS (A),
"PURPOSE AND INTENT", (E), "REVIEW AND APPROVAL PROCESS", (F),
"DEVELOPMENT STANDARDS", AND (G), "SUPPLEMENTAL DISTRICT
REGULATIONS", AND AMENDING SECTION 4.5.13, "NORTH
BEACH/SEAGATE AND OCEAN NEIGHBORHOOD OVERLAY
DISTRICTS", TO PROVIDE THAT VISUAL COMPATIBILITY MAY BE
REGULATED IN ACCORDANCE WITH THE NORTH BEACH AND
SEAGATE NEIGHBORHOODS DESIGN MANUAL; PROVIDING A
SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN
EFFECTIVE DATE.
WHEREAS, pursuant to LDR Section 1.1.6, the Planning and Zoning Board reviewed the proposed
text amendment at a public heating held on August 20, 2007 and voted 7 to 0 to recommend that the
changes be approved; 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 goals,
objectives and policies of the Comprehensive Plan; and
WHEREAS, the City Commission of the City of Delray Beach adopts the findings in the Planning
and Zoning Staff Report; and
WHEREAS, the City Commission of the City of Dekay Beach finds the ordinance is consistent with
the Comprehensive Plan; and
WHEREAS, the City Commission desires and intends for the City's contractor, currently Urban
Design Studio, to have wide discretion to limit overlay and zoning district requirements fettered by the
limitations provided in this ordinance and in the North Beach/Seagate and Ocean Neighborhood Overlay
District Design Manual (Beach Property Owners Design Manual) pertauung to visual compatibility
standards including but not limited to: height, width, scale, mass, colors, materials, style, form and square
footage; and
WHEREAS, the City Commission desires and intends that the limitations provided in the zoning
district regulations shall serve as a maximum upper limit and these Design Guidelines provided in the Beach
Property Owners Design Manual and codified in this ordinance shall provide additional limitations that may
be considered and applied to properties within the North Beach and Seagate Neighborhood Overlay
District as defined in Section 4.5.13 of the LDRs.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AS FOLLOWS:
'on 1. That Section 2.2.3, "The Site Plan Review and Appearance Board", Subsection (D),
"Duties, Powers, And Responsibilities", of the Land Development Regulations of the City of Delray Beach,
Florida, shall be amended to read as follows:
(D) Duties, Powers, and Responsibi4ties:
(1) The Board hereby has the authority to take action on the following items pursuant to
the procedures and standards of the LDR:
~ ~ Certain site and development plans, as provided in this Code
~ j~ Granting of relief from the number of parking spaces required for specific
uses pursuant to Section 4.6.9(C)(1)(g)
~ ~ Granting of relief to Section 4.6.16 through the waiver process
~ ~, Preliminary and final landscape plans
~ ~ Master Sign Programs
~ j~ Signage as allowed by Section 4.6.7
~ ~ Appeal of administrative interpretations made in application of the sign code
and the landscaping code
~ ~i Architectural elevations
~ l~ Streetscape and landscape features (e.g. walls, fences, lighting, dumpster
enclosures, etc.)
(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.
l~) The Board has the authorilyy to hear appeals to any "Design Guidelines" in Section II
of the Beach Proper Owners Design Manual for the North Beach & Seagate Neighborhoods as set
2 ORD. N0.36-07
' n 2. That Section 2.2.4, "The Board of Adjustment", Subsection (D), "Duties, Powers
and Responsibilities", of the Land Development Regulations of the City of Dekay Beach, Florida, shall be
amended to read as follows:
Section 2.2.4 The Board of Adjustment:
(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 these Land Development Regulations.
(2) The Board, so long as its actions are in conformity with the terms of these
Land Development Regulations may reverse or affirm, wholly or partly, or may modify the order,
requirement, or decision, or determination appealed form and may make such order, requirements,
decision, or determination as sought to be made, and to that end shall have powers of the Chief
Building Official from whom the appeal is taken.
(3) The Board hereby has the authority to grant variances and hear anneals from
the provisions of:
(a) The General Development Standards set forth in Section 4.3.
(b) Regulations found in the Flood Damage Control Overlay District,
Section 4.5.3.
(c) The supplemental district regulations (Article 4.6) except where said
authority is expressly prohibited or granted to others.
(d) Fire Prevention codes, Chapter 96 of the City Code, per Section
96.06.
!re) "District Rggs~lations and Incentives" in Section I of the Beach
Prover Owners Des~en Manual for North Beach & Seagate
)~hborhoods as set forth in Section 4.5.13.
Section 3. That Section 2.4.8, "Processing Schedules", of the Land Development Regulations
of the City of Dekay Beach, Florida, be and the same is hereby amended to read as follows:
3 ORD. N0.36-07
Section 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:
~ ~, Granting of a variance prior to site plan approval
~ ~ Obtaining a certificate of appropriateness prior to approval of a site
plan
~ !'~c Obtaining administrative relief prior to site plan approval
~~ Approval of a rezoning prior to action on a conditional use or site
P~
(B) Internal Review Procedures: The following provides a minimum requirement fox
the administrative review of a development application. More detailed procedures shall be
promulgated in written form by the Director of Planning.
{a} ~ 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 accepted shall have listed items which must be provided for full
acceptance and a date by which such information must be provided.
4 ORD. N0.36-07
{l}} ~ An accepted or tentatively accepted application shall be distributed to
appropriate administrative units within the City for review and comment.
Reviews include:
~ j~ Engineering
~ j~, Code Enforcement
~ ,(~~ Public Utilities
~ jd~ Planning
~ jg), Fire
~ j~ Horticulturist
~ jg). Building
~ j~ Police
{ej j~ Public hearing notice shall be made. Also, a description of the application
shall be provided to external agencies, as appropriate, for review and
comment.
{d) ,(~ 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.
{e} j5~ 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 Boar'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) Arclritectural Elevations: one week
(c) Final Landscape Plans: five weeks
(d) Preliminary Landscape Plan: one week
5 ORD. N0.3G-07
(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:
(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) CertiScate 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 meting 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 Commissions, 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 Propgr~y
Owners Design Manual are to be submitted for review in sufficient time to allow up to T)
days for issuance of a letter of compliance with the Beach Proper Owners Design Manual
Section 4. That Section 4.4.3, "Single Family Residential (R-1) Districts", Subsections (A),
"Purpose and Intent", (E), "Review and Approval Process", (F~, "Development Standards", and (G),
"Supplemental District Regulations", of the Land Development Regulations of the Code of Ordinances of
the City of Dekay Beach, Florida, shall be amended to read as follows:
Section 4.4.3 Single Family Residential (R-1) Districts:
6 ORD. N0.36-07
(A) Purpose and Intent: The Single Family Residential Districts have been created in
order to provide areas where the traditional single family detached residence can be established and
maintained and be protected from the unwarranted intrusion of other inappropriate uses. Further,
the Single Family Residential Districts are established in compliance with provisions of Goal Area
"A" of the Comprehensive Plan which calls for the preservation and maintenance of stable
neighborhoods. The following Single Family Residential Districts are regulated by this Section:
~~, R-1-AAA
~ ~ R-1-ARAB
~ ~, R-1-AA
~ ~ R-1-AAB
~ ~5 , R-1-A
~ (~ R-1-AB
(E) Review and Approval Process:
(1) All principal uses and accessory uses thereto shall be allowed upon
application to and approval by the Chief Building Official for structures which require a
building permit and otherwise complying with applicable use restrictions.
(2) Conditional uses must be approved pursuant to the provisions of Section
2.4.5(E).
(3) The creation of a new lot for the purpose of building a single family
residence requires platting pursuant to 2.4.5 or (K), as applicable.
(4) Within the North Beach/Seagate and Ocean Neighborhood Overlay
Districts, all applications for single family residences, and additions and renovations that
exceed 50% of the square footage of the existing structure must be reviewed in accordance
with the Beach Proggrly Owners Design Manual.
pursuant to the site plan processing schedule provisions of
Section 2.4.8.
(F) Development Standards: The development standards as set forth in Section 4.3.4
shall apply, except as modified below:
(1) In addition to the provisions of Section 4.3.4(x), properties located within
the North Beach/Seagate and Ocean Neighborhood Overlay Districts shall comply with the
provisions of the adopted Beach Proper Owners Design Manual for the North Beach and
Seagate Neighborhoods: including but not limited to visual compatibility standards relating
to limitations on heisht. width, mass, scale, material, color,~le, form, and square footage.
7 ORD. NO.36-07
(G) Supplemental District Regulations: The supplemental district regulations as set forth
in Article 4.6 shall apply, except as modified below:
(1) In addition to the provisions of Section 4.3.4(I~, properties located within
the North Beach/Seagate and Ocean Neighborhood Overlay Districts shall comply with the
provisions of the adopted Beach Properly Owners Design Manual for the North Beach and
Seagate Neighborhoods: including but not limited to visual compatibility standards relating
to limitations on height, width, mass, scale, materials, color,~le, form, and square footage.
Section 5. That Section 4.5.13, "North Beach/Seagate And Ocean Neighborhood Overlay
Districts", of the Land Development Regulations of the City of Dekay Beach, Florida, shall be amended to
read as follows:
Section 4.5.13 North Beach/Seagate and Ocean Neighborhood Overlay Districts:
(A) GeneraL• With the adoption of the City's Comprehensive Plan Amendment 99-1,
Housing Element Policy A-12.4 was modified to state the City will provide planning and technical
assistance to implement neighborhood-supported initiatives aimed at preserving the character of
existing residential areas. Such assistance may involve the formulation of regulations that would
limit the size and scale of new homes to be consistent with existing structures within a defined
neighborhood, and analysis of the housing inventory to determine if the area qualifies for
designation as a historic district, and similar measures. In accordance with this policy, a the Beach
Property Owners Design Manual was prepared for the single family zoned properties east of the
Intracoastal Waterway, and was adopted by the City Commission on January 4, 2005. This section is
created to adopt and implement the provision of the North Beach and Seagate Neighborhoods
Design Manual. All development within the North Beach/Seagate and Ocean District
Neighborhood Overlay District, as defined in Section (B) below, shall take place according to the
provisions of the manual adopted herein and shall follow the standards for visual compati
provided within the guidelines including regulations limiting height. width. mass scale, materials.
color,~le, form and square footagg: The Beach Proper Owners Design Manual is included as an
exhibit hereto.
Section 6 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.
'on That all ordinances or parts of ordinances in conflict herewith be, and the same are
hereby repealed.
S ORD. NO.36-07
S cti That this ordinance shall become effective immediately upon its passage on second
and final reading.
PASSED AND ADOPTED in regular session on second and final reading on this day of
.2007.
MAYOR
ATTEST:
CITY CLERK
First Reading
Second Reading
9 ORD. N0.36-07
PLANNFNG AND ZONING BOARD MEMORANDUM STAFF REPORT
MEETING DATE: AUGUST 20, 2007
AGENDA NO: V. F.
AGENDA ITEM: CONSIDERATION OF AN AMENDMENT TO THE LAND
DEVELOPMENT REGULATIONS SECTION 2.2.3, THE "SITE PLAN
REVIEW AND APPEARANCE BOARD", SUBSECTION (D), "DUTIES,
POWERS AND RESPONSIBILITIES", AND SECTION 2.2.4, THE
"BOARD OF ADJUSTMENT", SUBSECTION (D), "DUTIES, POWERS
AND RESPONSIBILITIES", TO PROVIDE FOR A METHOD FOR
APPEALS; SECTION 2.4.8, "PROCESSING SCHEDULES", IN ORDER
TO PROVIDE 30 DAYS FOR REVIEW OF BEACH PROPERTY PLANS
BY URBAN DESIGN STUDIO; SECTION 4.4.3, "SINGLE FAMILY
RESIDENTIAL (R-1) DISTRICTS", SUBSECTIONS (A), "PURPOSE
AND INTENT", (E), "REVIEW AND APPROVAL PROCESS", (F),
"DEVELOPMENT STANDARDS", AND (G), "SUPPLEMENTAL
DISTRICT REGULATIONS", AND SECTION 4.5.13, "NORTH
BEACH/SEAGATE AND OCEAN NEIGHBORHOOD OVERLAY
DISTRICTS" TO PROVIDE THAT VISUAL COMPATIBILITY MAY BE
REGULATED IN ACCORDANCE WITH THE "BEACH PROPERTY
OWNERS DESIGN MANUAL" FOR NORTH BEACH AND SEAGATE
NEIGHBORHOODS; PROVIDING A SAVING CLAUSE, A GENERAL
REPEALER CLAUSE, AND AN EFFECTIVE DATE.
ITEM BEFORE THE BOARD
The item before the Board is that of making a recommendation to the City Commission
regarding aCity-initiated amendment to the Land Development Regulations (LDRs) Sections
2.2.3 (d), 2.2.4 (d), 2.4.8, 4.4.3 (a), (e), (f), and (g), and 4.5.13. These sections deal with the
review process for projects located within the North Beach/Seagate and Ocean Neighborhood
Overlay Districts, authorities granted to the reviewing body (Urban Design Studio) and specific
Boards to which authority is given to review applications for appeals to design guidelines or
other regulations in the Beach Property Owners Design Manual.
Pursuant to Section 1.1.6, an amendment to the text of the Land Development Regulations may
not be made until a recommendation is obtained from the Planning and Zoning Board.
BACKGROUND ANALYSIS
The current language in LDR Section 2.2.3 (d) does not give the Site Plan Review and
Appearance Board (SPRAB) the authority to hear appeals of the design guidelines in Section II
of the Beach Property Owners Design Manual as currently stated in the Beach Overlay Design
Guidelines Manual. This LDR text amendment shall add language to make both documents
consistent and fully enforceable.
Language in LDR Section 2.2.4 (d) is modified to give the Board of Adjustments (BOA) the
authority to hear appeals to the District Regulations and Incentives in Section I of the Beach
Property Owners Design Manual. This LDR text amendment shall supplement current language
within the Beach Property Owners Manual to make both documents consistent and fully
enforceable.
Planning and Zoning Board Memorandum Staff Report -August 20, 2007
LDR Text Amendments for the Beach Overlay District
Likewise, this LDR text amendment gives the Board of Adjustments (BOA) the authority to
review appeals to any existing or future design guidelines for overlay districts, including those
which are currently in the planning process, with the exception of the Historic Preservation
Design Guidelines which are appealable to the Historic Preservation Board.
Language in LDR Section 2.4.8 will be modified to specify the deadline for submittals of project
applications associated with development proposals in the North Beach/Seagate and Ocean
Neighborhood Overlay Districts. This LDR text amendment shall clarify the application
processing time needed to allow for full review and approval by Urban Design Studio. The
recently renewed Urban Design Studio contract allows them up to thirty (30) days to review
each new application and issue a letter of compliance with the Beach Property Owners Design
Manual.
The proposed LDR text amendments specifically in Section 4.4.3 (A) and in various subsections
throughout Sections 2.2.3 (D) and 2.2.4 (D) are corrective and assigns a numerical or
alphabetical reference to parts of the code previously contained in an itemized list as indicated
by an asterisk (*). This will allow these amended code sections to be individually referenced by
category as opposed to being included all in one inclusive group.
Language modifications in LDR Section 4.4.3 (E) (4) will remove the reference to applications
for new single family residences, additions and renovations that exceed fifty percent (50%) of
the square footage of the existing structure being approved by the Site Plan Review and
Appearance Board (SPRAB). The reference will be modified to add review by Urban Design
Studio which will issue a letter of compliance to the Beach Property Owners Design Manual.
This is a corrective LDR text amendment to direct the authority to Urban Design Studio, since
this is consistent with the current process for approval of these types of plans in the North
Beach/Seagate and Ocean Neighborhood Overlay District within the City.
Language in LDR Section 4.4.3 (F) is being added to give Urban Design Studio the authority to
apply restrictions above and beyond the minimum requirements of LDR Section 4.3.4 (K)
development standards, which include but may not be limited to visual compatibility standards,
limitations on height, width, mass, scale, materials, colors, style, form and square footage. This
LDR text amendment will recognize design standards within the Beach Property Owners Design
Manual and make both documents consistent and fully enforceable.
REQUIRED FIND/NGS
LDR Section 2.4.5(M)(5) (Findings): Pursuant to LDR Section 2.4.5(M)(5) -Findings, in
addition to LDR Section 1.1.6(A), the City Commission must make a finding that the text
amendment is consistent with and furthers the Goals, Objectives and Policies of the
Comprehensive Plan.
Comprehensive Plan Policies:
The goals, objectives and policies of the Comprehensive Plan were reviewed and there are no
applicable goals, objectives or policies noted. While the amendment does not specifically further
the Goals, Objectives, and Policies of the Comprehensive Plan, it is not inconsistent with them.
These modifications are being implemented to reflect current review and approval processes
and to achieve consistency between development documents.
2
Planning and Zoning Board Memorandum Staff Report - August 20, 2007
LDR Text Amendments for the Beach Overlay District
REVIEW BY OTHERS
Courtesy Notice:
Courtesy notices were provided to the following civic and home owner associations:
^ Neighborhood Advisory Council
^ Beach Property Owners Association
Letters of objection and support, if any, will be provided at the Planning and Zoning Board
meeting.
ASSESSMENT AND CONCLUSION
The purpose of these City-initiated LDR text amendments are to clarify the review process for
projects located within the North Beach/Seagate and Ocean Neighborhood Overlay Districts
and to solidify the authorities granted to the reviewing body (Urban Design Studio) and to
specific Boards to which authority is given to review appeals to design guidelines or regulations
in the Beach Property Owners Design Manual. As noted in this staff report, positive findings can
be made with respect to LDR Section 2.4.5(M)(5) can be made.
RECOMMENDED ACTION
Move a recommendation of approval to the City Commission for aCity-initiated amendment to
the Land Development Regulations (LDRs) Section 2.2.3, the "Site Plan Review and
Appearance Board", Subsection (D), "Duties, Powers and Responsibilities", and Section 2.2.4,
The "Board Of Adjustment", Subsection (D), "Duties, Powers And Responsibilities", to provide
for a method for appeals; Section 2.4.8, "Processing Schedules", in order to provide 30 days for
review of beach property plans by Urban Design Studio; Section 4.4.3, "Single Family
Residential (R-1) Districts", Subsections (A), "Purpose And Intent", (E), "Review And Approval
Process", (F), "Development Standards", and (G), "Supplemental District Regulations", And
Section 4.5.13, "North Beach/Seagate And Ocean Neighborhood Overlay Districts" to provide
that visual compatibility may be regulated in accordance with the "Beach Property Owners
Design Manual" for North Beach and Seagate Neighborhoods by adopting the findings of fact
and law contained in the staff report and finding that the request is consistent with the
Comprehensive Plan and meets the criteria set forth in LDR Section 2.4.5(M)(5).
Attachment:
• Proposed Ordinance 36-07
3
L , !-- oW1 ~ (ol a
Boca Raton/Delray Beach News -Friday-Saturday, September 7-8, 2007 • www.bocanews.com
CITY OF DELRAY BEACH,FLOf WA
NOTICE Of PUBLIC HEARN/G
A PUBLIC HEARING wi0 be held on
the folbwing proposed ordnances at
7:00 p.m. on TUESDAY, SEPTEM-
BER 16, 2001 or at any continuation
of such meeting which is set Try the
Commissbn), in ibe City Commission
Cttartlbers, 100 N.W. 1st Avenue, Del-
ray Beach, Fbrida, at which tine Me
City Commission will consider their
adoption. The proposed -ordinances
may be inspected at the Office of the
City Gerk at City Hall, 100 N.W. 1st
Avenue, Delray Beach, Fbrida, be-
tween the frours of 8:00 a.m. and 5.00
p.m., Monday through kiday, except
befidays. All interested parties are in-
vded to attend and be beard wdh re-
spect More proposed ordinances.
ORDINANCE N0.36-07
AN ORDINANCE OF THE CITY COM-
MISSION OF THE CITY OF DELRAY ~'
BEACH, FLORIDA, AMENDING THE
LAND DEVELOPMENT REGULA-
TIONS OF THE CITY OF DELRAY
BEACH, BY AMENDING SECTION
2.2.3, "THE SITE PLAN REVIEW ANO
APPEARANCE BOARD', SUBSEC-
TION (D), 'DUTIES, POWERS AND
RESPONSI8IUTIES", AND SECTION
2.2.4, °iHE BOARD OF ADJUST-
MENT", SUBSECTION (D), 'DUTIES,
POWERS AND RESPONSIBILITIES',
'TO PROVIDE FOR AMETHOD FOR
APPEALS; AMENDING SECTION.
2.4.8, "PROCESSING SCHEDULES',
IN ORDER TO PROVIDE 30 DAYS
FOR REVIEW OF BEACH PROPER-
TY PLANS IN ACCORDANCE WITH
THE BEAG1 PROPERTY OWNER'S
DESIGN MANUAL; AMENDING SEC-.
TION 4.4.3, `SINGLE FAMILY RESI-
DENTIAL (R-1) DISTRICTS', SUB-
SECTK)NS (A), °PURPOSE AND IN-
TENT", (E), 'REVIEW AND APPROV-
AL PROCESS", (F), 'DEVELOPMENT
STANDARDS", AND (G};
'SUPPLEMENTAL DISTRICT REGU-
LATIONS", AND AMENDING SEC-
TION 4.5.13, "NORTH BEACH/SEA-
GATE ANO OCEAN NEIGHBOR-
HOOD OVERLAY DISTRICTS", TO
PROVIDE THAT VISUAL COMPAT-
IBILITY MAY BE REGULATED IN AC-
CORDANCE WITH THE NORTH.
BEACH AND SEAGATE NEIGHBOR-
HOODS DESIGN MANUAL; PROVID-'
ING A SAVING CLAUSE, A GENER-
AL REPEALER CLAUSE, AND AN
EFFECTIVE DATE.
ORDINANCE N0.37-07
AN ORDINANCE OF THE CITY COM-
MISSION OF THE GTY OF DELRAY
BEACH, FLORIDA, AMENDING THE'
LAND DEVELOPMENT REGULA.I
TIONS OF THE CITY OF DELRAY
BEACH, AMENDING APPENDIX 'A"
BY ENACTING DEFINITIONS FOR
"ADULT MATERIAL", "SPECIFIED
ANATOMICAL AREAS' AND
"SPECIFIED SEXUAL ACTIVITIES";
PROVIDING A SAVING CLAUSE, A
GENERAL REPEALER CLAUSE,I
AND AN EFFECTIVE DATE:
~ ORDINANCE N0.39-07 ~
AN ORDINANCE OF THE CITY COM-
MISSK)N OF THE CITY OF DELRAY
BEACH, FLORIDA, AMENDING
CHAPTER 52, `WATER", OF- THE
CODE OF ORDINANCES OF THE
iCITY OF DELRAY BEACH, BY
'~AMENOING SECTION 52.34,
'WATER RATES", SUBSECTION
52.34(8), TO PROVIDE FOR CHANG-
ES IN RATES FOR FY 2008;.PR0-
VIDING AGENERAL REPEALER
CLAUSE, A SAVING CLAUSE, AND
AN EFFECTIVE DOTE. - I
ORDINANCE N0.40-07 I
VIDE FOR INCREASED RESIDEN-
TIAL AND NONRESIDENTIAUCOM-
MERCIAL RATES FOR FY 2008;
PROVIDING A GENERAL REPEALER
CLAUSE, A SAVING CLAUSE, AND
AN EFFECTIVE DATE.
ORDINANCE N0.41-07 ~
1
BEACH, BY AMENDING SECTION
57.70, 'REGULAR CHARGES LEV-
IED', TO PROVIDE FOR INCREASED
RESIDENTIAL AND COMMERCIAL
COLLECTION SERVICE RATES FOR
FY 2008; PROVIDING A GENERAL
REPEALER CLAUSE, A SAVING
ELAUSE, AND AN EFFECTIVE
DATE.
ORDINANCE N0.42-07
AN ORDINANCE OF THE GTY COM-
MISSION OF THE CITY OF DELRAY
BEACH, FLORIDA, AMENDING
CHAPTER 50, 'UTILITIES GENER-
ALLY; PUBLIC SERVICE TAX", SEG
TION 50.15, °LEVY OF TAX", TO
PROVIDE FOR AN INCREASE IN
THE TAX CHARGED; PROVIDING A
SAVING CLAUSE, A GENERAL RE-
PEALER CLAUSE, AND AN EFFEC-
TIVE DATE.
ORDINANCE N0.43-07
AN ORDINANCE OF THE CITY COM-
MISSION OF THE CITY OF DELRAY
BEACH, FLORIDA, AMENDING THE
CODE OF ORDINANCES, BY
AMENDING CHAPTER 59,
'RECLAIMED WATER", SECTION
59.06, 'USE OF RECLAIMED WATER
WITHIN THE CITY OF DELRAY
BEACH UTILITY SERVICE AREA",
TO PROVIDE THA7 ALL CUSTOM-
ERS SHALL CONNECT TO THE RE-
CLAIMED WATER SYSTEM;AMEND-
ING SECTION 59.09, "FEES, RATES
AND CHARGES", TO INCREASE THE
WHOLESALE ROTE AND AMENDING
SECTION 59.73, "APPROVED USES'
OF RECLAIMED WATER" TO PRO-
VIDE FOR HOURS OF-USE FOR IR-
RIGATION; PROVIDING A SAVING
CLAUSE, A GENERAL REPEALER
CLAUSE, AND AN EFFECTIVE
DATE.
ORDINANCE N0.44-07
AN ORDINANCE OF THE CITY COM-
MISSION OF THE CITY OF DELRAY
BEACH, FLORIDA, AMENDING THE
LAND DEVELOPMENT REGULA-
TIONS OF THE CODE OF ORDI-
NANCES, BY AMENDING SECTION
2.4.3, "SUBMISSION REQUIRE-
MENTS", SUBSECTION 2.4.3(K),
'FEES", SUB-SUBSECTION ,
2.4.3(Ki(1), 'DEVELOPMENT APPU-
_CATIONS', TO REDUCE THE FEE i
FOR HISTORIC PRESERVATION
BOARD VARIANCES; PROVIDING A
SAVING CLAUSE, A GENERAL RE-
PEALER CLAUSE, AND AN EFFEC-
TIVE GATE.
Please be advised that if a person de-
cides to appeal any decision made by
the City Commission with respect to
any matter considered at These hear-
irgs, such person may need to ensure
Mat a verbatim record inclutles the
testimony and evidence upon which ~~,
the appeal is to be based. The City I
does not provide nor prepare sucA
rewrd pursuant to ES. 2%.0105.
CITY OF DELRAY BEACH
Chevelle D Nutrin, CMC
City Clerk
Publish: kiday, September 7, 2007
Baca RatontDelray Beach News
10
1 ~% a~
A~~
CHAPTER 51, °GARBAGE ANDS
TRASH", OF THE CODE OF OR01-