100-94 FAILED ON FIRST READING - 12/13/94
ORDINANCE NO. 100-94
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING ARTICLE I . 3 ,
"NONCONFORMING USES, LOTS, AND STRUCTURES", OF THE
LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY
BEACH, FLORIDA, BY AMENDING SECTION 1.3.4 (B) AND
SECTION 1.3.5(C) , TO PROVIDE FOR AN EXCEPTION AS SET
FORTH IN SECTION 1.3.8; ENACTING A NEW SECTION 1.3.8
TO PROVIDE FOR THE RECONSTRUCTION OF NONCONFORMING
RESIDENTIAL STRUCTURES DESTROYED BY CATASTROPHE;
PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE,
AND AN EFFECTIVE DATE.
WHEREAS, pursuant to LDR Section 1. !. 6, the Planning and
Zoning Board reviewed the subject matter at its meeting of August 25,
2994, and has forwarded the change with a recommendation of approval
by unanimous vote; 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:
~ That Chapter One, "General Provisions", Article
1.3, "Nonconforming Uses, Lots, and Structures" , Section 1.3.4,
"Nonconforming Structures", Subsection ! .3 .4(B) , of the Land
Development Regulations of the City of Delray Beach, Florida, be, and
the same is hereby amended to read as follows:
(B) Except as provided in Section 1.3.8. s~hould the
nonconforming structure be destroyed by any means to an extent
exceeding 50% of its replacement cost, the ~¢~ structure shall D~
~ be reconstructed ~~ in conformance with the requirements for
the zoning district in which it is located.
~ That Chapter One, "General Provisions" Article
!. 3, "Nonconforming Uses, Lots, and Structures" , Section ! .3 .5,
"Nonconforming Uses of Structures and Land", Subsection 1.3.5(C), of
the Land Development Regulations of the City of Delray Beach, Florida,
be, and the same is hereby amended to read as follows:
(C) Except as provided in Section 1.3.8. s~hould 'the
structure involving a nonconforming use be destroyed by any means to
an extent 'exceeding 50% of its replacement cost, the ~¢~ structure
shall D~ ~ be reconstructed ¢~¢¢~ in conformance with both the
development and use requirements for the zoning district in which it
is located.
FAILED ON FIRST READING - 12/13/94
FAILED ON FIRST READING - 12/13/94
~ That Chapter One, "General Provisions", Article
1.3, "Nonconforming Uses, Lots, and Structures", of the Land
Development Regulations of the City of Delray Beach, Florida, be, and
the same is hereby amended by enacting a new Section 1.3.8 to read as
follows:
Section 1.3.8. In the event that a lawful nonconformina residential
structure is damaged or destroyed by a catastrophic event such as
fire. flood, or s~orm. ~he owDer shall be permitted to rebuild the
structure in accordance with the use and number of units permitted by
the certificate of Occupancy in existence prior to the o6currence ok
the catastrophe. Where necessary, in order to accommodate the same
~umber of u~its, such structures may be reconstructed 'to heights
previously established on building permit plans approved prior to the
occurrence of the catastroDhe. All rebuildina shall comDlv with fire
and buildina codes in effect at the time of reconstruction, and shall
comply to the ~reatest extent possible with applicable provisions of
the L~nd DeveloPment Regulations. For the purposes of this section.
residential structures are structures that include permanent dwelling
units such as homes, townhomes, condominiums, and apartments. 'as well
as temporary dwellings such as hotel/motel rooms and resort dwelling
In order to receive approval for rebuilding pursuant to this section.
applications for building permits mus~ be submitte~ within one year of
the date on which the catastrophe occurred. This section shall not
aDDlv to structures which are damaaed or destroyed by deliberate
action such as arson.
Section 4. 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 day of , 1995.
ATTEST: M A Y O R
City Clerk
First Reading
Second Reading
- 2 - Ord. No. 100-94
FAILED ON FIRST READING - 12/13/94
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ~/~
SUBJECT: A~ENDA ITEM ~ /~' - MEETING OF DECEMBER 13. 1994
FIRST READING FOR ORDINANCE NO. 100-94/POST-DISASTER
RECONSTRUCTION OF RESIDENTIAL STRUCTURES
DATE: DECEMBER 9, 1994
This is first reading for Ordinance No. 100-94 which amends
Article 1.3, "Nonconforming Uses, Lots, and Structures", of the
Land Development Regulations to provide for the reconstruction of
nonconforming residential structures destroyed by catastrophe.
It allows a grace period of one year from the date the
catastrophe occurred within which applications for building
permits must be submitted in order to receive approval to rebuild
to pre-disaster heights and densities. All rebuilding must
comply with fire and building codes in effect at the time of
reconstruction and, to the greatest extent possible, with
applicable provisions of the Land Development Regulations.
This amendment came about as a result of recommendations made by
the Planning and Zoning Board's Nonconforming Uses Committee,
which was established at the request of the City Commission and
whose recommendations were subsequently endorsed by the
Commission. The applicable policies and objectives of the
Comprehensive Plan requiring amendment as a result were included
in Comprehensive Plan Amendment 94-2 which was adopted by the
City Commission on December 6, 1994.
The Planning and Zoning Board formally reviewed this item on
August 15, 1994, and voted unanimously to recommend approval of
the ordinance.
Recommend approval of Ordinance No. 100-94 on first reading. If
passed, a public hearing will be held on January 3, 1995.
ref:agmemol2
C I TY COMM I S S I ON DOCUME NTAT I ON
TO: D/A~ID T. ~DEN, CITY MANAGER
FROM: D~ANE DOMINGUEZ, A /
DIRECTOR OF PLANNIN~ &~ZONING
SUBJECT: MEETING OF DECEMBER 13, 1994
LDR AMENDMENT ALLOWING A GRACE PERIOD FOR THE
POST-DISASTER RECONSTRUCTION OF RESIDENTIAL STRUCTURES
TO EXISTING DENSITIES AND HEIGHTS
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of
approval of an amendment to the Land Development
Regulations (LDRs) regarding the reconstruction of
nonconforming buildings.
The affected regulations are in LDR Section 1.3,
Nonconforminq Uses~ Lots, and Structures.
B A C K G R 0 U N D:
This amendment was initiated as a result of recommendations made
by the Planning and Zoning Board's Nonconforming Uses Committee.
Under current regulations, nonconforming structures that are
destroyed by 50% or more of their replacement cost can only be
rebuilt in accordance with current regulations. As the City has
effectively "downzoned" much of the City over the past decade or
so, many residential structures have densities and heights that
are in excess of what can be built under today's codes. If a
major disaster such as a hurricane were to strike the area, many
of those units could not be rebuilt. After studying the issue
at length, and the potential consequences of the loss of those
dwellings, the consensus of the committee was that nonconforming
residential structures that are destroyed by catastrophe should
be given a grace period within which they could rebuild to
pre-existing densities and heights.
Prior to amending the LDRs, policies and objectives of the
Comprehensive Plan had to be amended as well to allow for this
shift in direction. Those changes were included as part of
Comprehensive Plan Amendment 94-2, which was adopted by the City
Commission on December 6, 1994.
The attached Planning and Zoning Board staff report contains
additional information and analysis regarding the proposed
amendment.
City Commission Documentation
LDR Amendment RE: Post-Disaster Reconstruction
Page 2
PLANNING AND ZONING BOARD CONSIDERATION:
The Planning and Zoning Board formally reviewed this item at its
meeting of August 15, 1994. The Board voted unanimously to
recommend approval of the ordinance to the City Commission.
City Commission consideration of the amendment was deferred
pending adoption of the Comprehensive Plan amendments.
RECOMMEND ED ACT I ON:
By motion, approve the ordinance amending LDR Section 1.3,
Nonconforminq Uses~ Lots~ and Structures, to allow for the
reconstruction of nonconforming residential structures destroyed
by catastrophe.
Attachment:
* Proposed LDR Amendment
* P&Z Staff Report & Documentation of August 15, 1994
* Ordinance by Others
T:CCPOST.DOC
POST-DISASTER RECONSTRUCTION ORDINANCE
Amendments to the following provisions:
1.3.4 (B)
Except as provided in Section 1.3.8, s~hould the nonconforming
structure be destroyed by any means to an extent exceeding 50%
of its replacement cost, the ~M structure shall only M~Z be
reconstructed ~Z in conformance with the requirements for
the zoning district in which it is located.
1.3.5 (C)
Except as provided in Section 1.3.8~ sShould the structure
involving a nonconforming use be destroyed by any means to an
extent exceeding 50% of its replacement cost, the ~ structure
shall only ~Z be reconstructed ~Z in conformance with both
the development and use requirements for the zoning district in
which it is located.
Addition of new section:
Section 1.3.8
In the event that a lawful nonconforming residential structure
is damaged or destroyed by a catastrophic event such as fire~
flood~ or storm~ the owner shall be permitted to rebuild the
structure in accordance with the use and number of units
permitted by the certificate of occupancy in existence prior to
the occurrence of the catastrophe. Where necessary~ in order to
accommodate the same number of units~ such structures may be
reconstructed to heights previously established on buildinq
permit plans approved prior to the occurrence of the
catastrophe. All rebuildinq shall comply with fire and building
codes in effect at the time of reconstruction~ and shall comply
to the greatest extent possible with applicable provisions of
the Land Development Regulations. For the purposes of this
section~ residential structures are structures that include
permanent dwelling units such as homes, townhomes, condominiums~
and apartments~ as well as temporary dwellings such as
hotel/motel rooms and resort dwelling units.
In order to receive approval for rebuilding pursuant to this
section~ applications for building permits must be submitted
within one year of the date on which the catastrophe occurred.
This section shall not apply to structures which are damaqed or
destroyed by deliberate action such as arson.
T=RECONAMD.DOC
PLANNING AND ZONING BOARD MEMORANDUM STAFF REPORT
MEETING OF= AUGUST 15, 1994
AGENDA ITEM= V.F. LDR AMENDMENT ALLOWING A GRACE PERIOD FOR
THE POST-DISASTER RECONSTRUCTION OF RESIDENTIAL
STRUCTURES TO EXISTING DENSITIES AND HEIGHTS
ITEM BEFORE THE BOARD:
The item before the Board is that of making a
recommendation to the City Commission on an amendment to
LDR Section 1.3, Nonconforming Usest Lotst and Structures.
BACKGROUND:
This amendment was brought about as a result of recommendations
that were made by the Planning and Zoning Board's Nonconforming
Uses Committee, and endorsed by the City Commission. At the
request of the Commission, the committee was established to
examine the issue of post-disaster reconstruction as related to
non-conforming structures, particularly residential structures
that exceed current maximum allowable densities and heights.
The committee studied the extent of nonconformities throughout
the City, and examined ordinances adopted by other cities to
provide relief to prohibitions against rebuilding nonconforming
structures that are severely damaged or destroyed. At the City
Commission workshop meeting of March 15, 1994, the committee
presented its recommendations to the Commission. One of those
recommendations was that a text amendment be adopted which would
provide a grace period for lawful nonconforming residential
structures that are damaged or destroyed by catastrophe. Those
structures could rebuild to their previous heights and densities
provided that building permit applications were submitted within
one year of the date of the catastrophe.
The Commission responded favorably to the recommendation, but
asked the Board to also consider the inclusion of nonconforming
no__nresidential uses. The committee discussed this suggestion,
but declined to include nonresidential uses and structures in
the recommended ordinance. The consensus is that 4~ most
nonconforming uses are undesirable in their established
locations, and that once destroyed, should not be permitted to
become re-established.
At its meeting of August 2, 1994, the City Commission voted
unanimously to transmit Comprehensive Plan amendment 94-2 to
the state Department of Community Affairs. That amendment
contained changes to the Future Land Use and Coastal Management
Elements that would, allow the rebuilding of nonconforming
V.F.
P & Z Staff Report
LDR Amendment Re= Post-Disaster Reconstruction
Page 2
residential structures as contemplated in the attached
ordinance. Final adoption of the LDR amendment will be pending
DCA's approval of those changes.
Additional background on this subject (P & Z staff report of
February 14, 1994, and City Commission workshop documentation of
March 15, 1994) is available upon request.
ANALYSIS:
The proposed amendment incorporates the changes recommended by
the committee and previously endorsed by both the Planning and
Zoning Board and the City Commission. It modifies the
prohibitions against the rebuilding of nonconforming structures
by allowing for the reconstruction of residential buildings to
pre-disaster heights and densities. Residential buildings are
defined to include both permanent living units and temporary
dwellings such as hotels and motels. Reconstruction must be in
accordance with current fire and building safety codes.
The ordinance addresses some of the potential economic and
social repercussions of the existing regulations regarding the
rebuilding of nonconforming structures. It will allow for some
flexibility during a period that is certain to be extremely
difficult, and will help to prevent a long-term loss of housing
and tourist accommodations that could have a devastating effect
on the local economy.
RECO~4ENDED ACTION:
By motion, recommend adoption of the attached amendments to
Section 1.3. of the Land Development Regulations, Nonconforming
~ses~ Lots~ and Structures.
Attachments:
* Proposed LDR amendment
Report prepared by: Diane Dominguez