File #: 18-688    Version: 1 Name:
Type: Ordinance Status: Passed
File created: 10/8/2018 In control: City Commission
On agenda: 11/6/2018 Final action: 11/6/2018
Title: ORDINANCE NO. 20-18: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH, ARTICLE 1.3 NONCONFORMING USES, LOTS AND STRUCTURES, BY REPEALING THIS ARTICLE AND READOPTING IT TO PROVIDE UPDATED REGULATIONS FOR NONCONFORMING LOTS, USES OF LAND AND STRUCTURES IN ADDITION TO REGULATIONS ON REMODELING NONCONFORMING STRUCTURES OR RECONSTRUCTING SUCH STRUCTURES IF AFFECTED BY AN ACT OF GOD; AND AMENDING ARTICLE 7.8 UNSAFE BUILDINGS AND STRUCTURES, BY REPEALING AND READOPTING SECTION 7.8.4 REQUIREMENTS FOR ALTERATIONS, ADDITIONS, OR REPAIRS TO PROVIDE FOR CONSISTENCY WITH ARTICLE 1.3 NONCONFORMING USES, LOTS AND STRUCTURES; PROVIDING A CONFLICTS CLAUSE AND A SEVERABILITY CLAUSE; AUTHORITY TO CODIFY, AND PROVIDING AN EFFECTIVE DATE. (FIRST READING)
Sponsors: Development Services Department
Attachments: 1. Agenda Cover Report, 2. Ordinance 20-18, 3. P&Z Board Report 09.17.2018 Complete with Attachments, 4. P&Z Board Report 7.17 2017, 5. Legal Review Form Ord 20-18
TO: Mayor and Commissioners
FROM: Timothy Stillings, Development Services Department
THROUGH: Mark R. Lauzier, City Manager
DATE: November 6, 2018

Title
ORDINANCE NO. 20-18: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH, ARTICLE 1.3 NONCONFORMING USES, LOTS AND STRUCTURES, BY REPEALING THIS ARTICLE AND READOPTING IT TO PROVIDE UPDATED REGULATIONS FOR NONCONFORMING LOTS, USES OF LAND AND STRUCTURES IN ADDITION TO REGULATIONS ON REMODELING NONCONFORMING STRUCTURES OR RECONSTRUCTING SUCH STRUCTURES IF AFFECTED BY AN ACT OF GOD; AND AMENDING ARTICLE 7.8 UNSAFE BUILDINGS AND STRUCTURES, BY REPEALING AND READOPTING SECTION 7.8.4 REQUIREMENTS FOR ALTERATIONS, ADDITIONS, OR REPAIRS TO PROVIDE FOR CONSISTENCY WITH ARTICLE 1.3 NONCONFORMING USES, LOTS AND STRUCTURES; PROVIDING A CONFLICTS CLAUSE AND A SEVERABILITY CLAUSE; AUTHORITY TO CODIFY, AND PROVIDING AN EFFECTIVE DATE. (FIRST READING)

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Recommended Action:
Recommendation
Approve Ordinance No. 20-18 the amendments to Land Development Regulations regarding Article 1.3, as presented.

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Background:
The proposed Ordinance is a City-initiated amendment to the Land Development Regulations to amend Article 1.3 “Nonconforming Uses, Lots and Structures”, repealing and replacing Article 1.3 to provide amended regulations regarding nonconforming lots, uses of lands, and uses of structures; providing for repairs and maintenance of nonconforming structures and reconstruction necessitated by Acts of God; and amending Article 7.8 “Unsafe Buildings and Structures” by amending Section 7.8.4 “Requirements for Alterations, Additions or Repairs” to provide consistency with Article 1.3., pursuant to Land Development Regulation (LDR) Section 2.2.6(D)(6).

The LDRs regulate use and changes to nonconforming structures, and use of land and structures which were lawful before the passage of certain code amendments which rendere...

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