Ord 20-08
ORDINANCE NO. 20-08
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING THE LAND
DEVELOPMENT REGULATIONS BY REPEALING SECTIONS
4.3.3(C), "ADULT CONGREGATE LIVING FACILITY" AND 4.3.3(G),
"CONTINUING CARE FACILITIES", AND AMENDING SECTION
4.3.3(H), "CONVALESCENT HOMES, HOMES FOR THE AGED,
NURSING HOMES, REST HOMES", IN ORDER TO PROVIDE FOR
UPDATED REGULATIONS REGARDING SAME; AMENDING
SECTIONS 4.4.6, "MEDIUM DENSITY RESIDENTIAL (RM)
DISTRICT", 4.4.13, "CENTRAL BUSINESS DISTRICT (CBD), 4.4.21,
"COMMUNITY FACILITIES (CF) DISTRICT", 4.4.28, "CENTRAL
BUSINESS DISTRICT -RAILROAD CORRIDOR (CBD-RC)", AND
4.4.29, "MIXED RESIDENTIAL OFFICE AND COMMERCIAL
(MROC) DISTRICT", IN ORDER TO ALLOW ASSISTED LIVING
AND CONTINUING CARE FACILITIES AS PERMITTED USES IN
THESE ZONING DISTRICTS; AMENDING SECTION 4.4.9,
"GENERAL COMMERCIAL (GC) DISTRICT", IN ORDER TO
ALLOW ASSISTED LIVING AND CONTINUING CARE FACILITIES
AS CONDITIONAL USES IN THIS ZONING DISTRICT;
AMENDING SECTION 4.4.24, "OLD SCHOOL SQUARE HISTORIC
ARTS DISTRICT (OSSHAD)", TO REMOVE ASSISTED
CONGREGATE LIVING AND CONTINUING CARE FACILITIES
FROM THE LIST OF CONDITIONAL USES IN THIS ZONING
DISTRICT; AMENDING APPENDIX "A" TO REPEAL THE
DEFINITIONS OF "ADULT CONGREGATE LIVING FACILITY"
AND "CONVALESCENT HOMES, HOMES FOR THE AGED,
NURSING HOMES, OR REST HOMES" AND ENACTING A
DEFINITION OF "ASSISTED LIVING FACILITY" AND "NURSING
HOME" AND PROVIDING AN UPDATED DEFINITION OF
"CONTINUING CARE FACILITY"; 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 March 17, 2008 and voted 5 to 0 to recommend
that the changes be approved; and
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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 Delray Beach finds the ordinance is consistent
with the Comprehensive Plan; and
WHEREAS, the City Commission desires to update the Land Development Regulations in
order to make them consistent with Florida State law, Chapters 429, "Assisted Caxe Communities" and
651, "Continuing Care Contracts", Fla. Stat., as may be amended from time to time.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Sections 4.3.3(C), "Adult Congregate Living Facility", and 4.3.3(G),
"Continuing Caxe Facilities", shall be repealed in their entirety.
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Section 2. That Section 4.3.3(l~, "Convalescent Homes, Homes for the Aged, Nursing
Homes, Rest Homes", shall hereby be amended to read as follows:
,. , L LT r ...i... ~ --..~ ~lutsltig Homes °ica~-a?-=u=~:
(1) Lot Area: The minimum lot azea fox such uses shall be one acre.
(2) Frontaee: The minimum frontage of the pazcel upon which such a use
is to be located is 100 feet.
(3) i ncatignal Factors:
(a) Such uses shall not be located on any arterial street.
(b) Should the facility require ambulance service, such access shall be
from a collector street and shall be provided in such a manner to
minimize adverse effects on adjacent property.
(c) The environment created should be of a pronounced residential
nature and shall be designed to minimize any adverse condition
which might detract from the primary convalescent purpose of
the facility.
Section 3. That Section 4.4.6, "Medium Density Residential (RM) District", Subsections
(B), "Principal Uses and Structures Permitted" and (D), "Conditional Uses and Structures Allowed",
shall be amended to read as follows:
(B) Principal Uses and Structures Permitted: The following types of use aze
allowed within the (RM) District as a permitted use:
(1) Single family detached dwellings.
(2) Duplex structures.
(3) Multiple family structures.
(4) An abused spouse residence with twelve (12) or fewer residents.
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(5) Group Homes, Types 1 and 2, and Community Residential Homes,
pursuant to restrictions set forth in Section 4.3.3(1).
(6) Parking lots not associated with a use, pursuant to an adopted
neighborhood ox redevelopment plan.
(7) Pocket pazks.
(8) Public educational facilities of The School District of Palm Beach
County, pursuant to the regulations set forth in Section 4.3.3 (FIH).
(9L Assisted Living Facilities and Continuing Care Facilities.
(D) Conditional Uses and Structures Allowed: The following uses aze allowed as
conditional uses within the RM District:
{2jf~ Residential Licensed Service Provider Facilities subject to restrictions set
forth in Section 4.3.3(D).
~~ Child care and adult day care.
44)f~ Private educational facilities subject to the restrictions set forth in Section
4.3.3(HHH).
{3)j~ Churches, ox places of worship, and then attendant educational, nursery,
Sunday school, recreational, and columbarium facilities. The foregoing does not allow
establishment of educational and caze uses such as elementary school and general day
care; however, such uses may be established by a sepazate conditional use application fox
child care ox rezoning to CF, as appropriate.
~~ ~ , v -- L _ c__ ~be_e~ ~urs~g homes, --mmai
}ieenes.
>~jf 6~ The use of common recreational facilities such as swixnmuig pools, tennis
courts, and golf courses (associated with a subdivision) for club or commercial purposes.
48)~.~/ Single family detached residences in zero lot developments.
f9jf8~ Yacht club with facilities.
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(19jj9) Dock master facilities when associated with amulti-family development
which has a marina.
(4}jf10)Private beach clubs with attendant recreational, dining, and related
accessory facilities within one of the following areas: (a) the azea lying south of Atlantic
Dunes Park and east of State Road A1A, or (b) south of Casurina Road, north of Bucida
road, and east of State Road AIA.
(~j 11 Multiple family residential development may exceed twelve (12) units per
acre, up to a maximum of twenty-four (24) units per acre within the Southwest
Neighborhood Overlay Distdct defined in Section 4.5.9, subject to the provisions of
Section 4.4.6(1), Article 4.7, and based upon the development's confoxxnance with the
applicable standards and criteria described within the adopted Southwest Area
Neighborhood Redevelopment Plan.
(4-3jj12)Multiple family residential development may exceed twelve (12) units per
acre, up to a maximum of twenty-foot (24) units per acre within the Cazver Estates
Overlay District as defined in Section 4.5.11 and up to a maximum of eighteen (18) units
per acre within the Infill Workforce Housing Area, subject to the provisions of Section
4.4.6(1), and Article 4.7.
Section 4. That Section 4.4.9, "General Commercial (GC) District", Subsections (D),
"Conditional Uses and Structures Allowed" and (G), "Supplemental District Regulations", (2), "Four
Corners Overlay District", shall be amended to read as follows:
(D) Conditional Uses and Structures Allowed: The following uses aze allowed as
conditional uses within the CBD District, except as modified in the North Federal Highway
Overlay District by Section 4.4.9(G)(1) and except as modified in the Four Comers Overlay
District by Section 4.4.9(G)(2)(c).
(1) Residential Licensed Service Provider Facilities subject to restrictions set
forth in Section 4.3.3(D).
(2) Amusement game facilities.
(3) Wash establishments ox facilities for vehicles.
(4) Child Caze and Adult Day Care.
(5) Clubs and Lodges; social, fraternal, and recreational not exceeding 3,500
sq. ft. of gross floor area.
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(6) Drive-in Theaters
('7) Flea Markets, bazaars, merchandise marts, and similar retail uses.
(8) Funeral Homes.
(9) Gasoline Stations ox the dispensing of gasoline directly into vehicles.
(10) Hotels and Motels.
(11) Fxee-standing multiple-family housing subject to the requirements of the
RM District except for setback and height requirements which shall be pursuant to this Section.
(12) Recreational establishments such as bowling alleys, gymnasiums, health
spas, miniature golf courses, skating rinks.
(13) Sales and service of All Terrain Vehicles and personal watercraft
(waverunners, jet skis), with no outside display, outside storage ox outside service.
(14) Vehicle caze limited to the changing of oil and filters, and lubrication
with no mechanical work or outside storage of vehicles except as a part of a gasoline station.
(15) Veterinary Clinics.
(16) Group Home, Type 2 and Community Residential Homes, pursuant to
restrictions set forth in Section 4.3.3(1).
(17) Adult Ganuug Centers.
(18) Churches or places of worship, and their attendant Sunday school,
recreational and columbarium facilities not exceeding 3,500 square feet of gross floor azea. The
foregoing does not allow establishment of educational and care uses such as elementary school
and general day care.
(19) Multiple family residential development may exceed twelve (12) units pet
acre, up to a maximum of eighteen (18) units per acre within the Infill Workforce Housing Area,
subject to the provisions of Section 4.4.6(1), and Article 4.7, and subject to the requirements of
the RM District except for setback and height requirements, which shall be pursuant to this
Section.
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(201 Assisted Living Facilities and Continuing Care Facilities subject to the
xeouixements of the RM District except fox setback and height requirements which shall be
pursuant to this Section.
(G) Supplemental District Regulations: In addition to the supplemental disaict
regulations set forth in Article 4.6, the following supplemental district regulations shall apply in
the GC District:
(2) Four Corners ()vetlay District: The following supplemental district
regulations apply to the Four Comers Overlay District, as defined in Section 4.5.13.
(a) The permitted uses shall be those uses listed in Sections
4.4.9(B)(1,2,4,5).
(b) The accessory uses shall be those uses listed in Section (C).
(c) The conditional uses shall be those uses listed in Sections
(D) (1, 3,4,10,12,15.
(d) Standards Pertaining to Allocation of Uses:
1. Office uses can encompass up to one hundred percent
(100%) of the total building square footage within a Four
Comers Overlay master development plan.
2. Retail uses shall not encompass more than one hundred
percent (100%) of the total building area square footage
of the Four Corners Overlay master development plan.
3. Hotels, motels, and residential all suite lodging shall not
encompass more than 20% of the total building area
square footage of the Four Comers Overlay master
development plan. Notwithstanding the above, hotels,
motels and residential all suite lodging can comprise
100% of the floor azea of an individual building within a
MDP containing multiple buildings.
4. Multi-family Dwelling Units: Multi-family uses
excluding duplexes subject to a, b, c, d, and a below,
ranging in density not to exceed 30 units per acre subject
to the following:
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a. Residential units may comprise 75% of the total
floor azea of the development master plan at a
maximum density of (30) units pet acre and only
when proposed as part of a mixed-use
development containing office and/or
commercial uses.
b. Residential developments must include a
minimum of 20% workforce units consisting of
moderate income workforce units as defined by
Article 4.7 Family/Workforce
c. Workforce units shall be subject to general
provisions of Article 4.7.6, 4.7.7, 4.7.8, 4.7.9, and
4.7.10.
d. For mixed-use developments, the shazed pazking
provisions of LDR Section 4.6.9. (C)(8) shall be
allowed.
e. All residential developments shall be subject to
the Performance Standazds of 4.4.13(1)(2)
(e) Standards Unique to the Four Corners Overlay District:
Where standards unique to the Four Comers Overlay District
conflict with standazds contained elsewhere in the zoning,
subdivision, and landscape codes, the standazds of this
Subsection shall apply:
1. Lot Coverage & Open Space:
a. Land azea equal to at least 25% of the individual
Four Comers Overlay District Master
Development Plan (MDP) including the
perimeter landscaped boundary, shall be in open
space. Landscape aeeas required to meet internal
parking lot design requirements, water bodies and
paved areas shall not be included in the meeting
of this 25% open space requirement.
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2. Minimum Structure Size: Any free-standing non-
residential principal structure shall have a minimum floor
area of 4,000 square feet; shall be azchitecturally
consistent with other structures in the master
development plan; and shall have direct access to and
from other portions of the Four Corners Overlay
development.
3. Office and Commercial Floor Heights shall be a
minimum of twelve feet (12') floor to floor on the first
floor and ten (10~ floor to floor on all floors above.
Residential uses shall have a minimum nine feet (9~ floor
to floor on all floors. Hotel, motel and residential all suite
lodging shall have a mi„irr,um of eight feet six inches (8'
6") floor to floor on all floors. Auxiliary and service
rooms, such as, garages, resttooms, closets, laundry
rooms, dressing rooms, storage rooms, mechanical,
electrical, and plumbing equipment rooms aze exempted
from the floor height regulations.
Section 5. That Section 4.4.13, "Central Business District (CBD)", Subsections (B),
"Principal Uses and Structures Pern~itted" and (D), "Conditional Uses and Structures Allowed", shall be
amended to read as follows:
(B) Principal Uses and Structures Permitted: The following types of use are
allowed within the CBD District as a permitted use:
(1) General retail uses including, but not limited to:
~ jal Antiques, arts and crafts, automotive parts, baked goods, books,
carpet and floor covering, cheeses, beer, wine, liquor,
confectioneries, cosmetics, meats, draperies and slipcovers,
medicines and prescriptions, electrical fixtures and supplies,
fabrics, fish, flowers and plants, fruits and vegetables, food,
garden supplies, gifts, glasswaze, hazdwaze and paints, home
furnishings, ice cream, lawn care equipment, leather goods,
luggage, medical and surgical equipment, music and musical
instruments, nautical supplies, office furniture equipment and
supplies, pets and pet supplies, photographic equipment and
supplies, sewing supplies, sporting goods, toys, wearing appazel
and accessories, appliances, bicycles, business machines, jewelry.
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(2) Business and professional uses pursuant to restrictions set forth in
Section 4.4.13(H)(1) including, but not limited to:
~ ~ Interior decorating, medical and dental clinics, medical and dental
laboratories, photographic studios, printing and publishing,
professional offices.
(3) Services and facilities including, but not limited to:
~ j~. Auctions, barber and beauty shops and salons, caterers, dry
cleaning limited to on-site processing for customer pickup only,
dry cleaning and laundry pickup stations, laundromats limited to
self-service facilities, pet grooming, restaurants excluding drive-in
and drive-through, outdoor cafes, tailoring, tobacconist,
vocational schools limited to arts and crafts, business, beauty,
dancing, driving, gymnastics, photography, modeling, and kazate-
judo, small item repair, and rental of sporting goods and
equipment (such as but not limited to bicycles, skates, boogie
boards).
~ ~ Galleries, broadcast studios, butcher shops, cocktail lounges,
exercise facilities e.g. gyms and clubs, museums, libraries,
newsstands, commercial or public parking lots and parking
garages.
(4) Multi-family dwelling units, excluding duplexes, up to a maximum density
of thirty (30) units per aae except fox the West Atlantic Neighborhood or Beach
District, where the maximum density is twelve (12) dwelling units per acre.
(5) Hotels, motels, bed and breakfast inns, and residential-type inns except in
the West Atlantic Neighborhood.
(61 Assisted Living Facilities and Continuing Caxe Facilities.
(D) Conditional Uses and Structures Allowed: The following uses aze allowed as
conditional uses within the CBD District:
F2jj1~ Residential Licensed Service Provider Facilities subject to restrictions set
forth in Section 4.3.3(D).
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F3)~,1 Amusement game facilities limited to such uses as pinball, air hockey,
electronic games, and other similar coin operated games when an attendant is on duty.
f4)(31 Child care and adult day caze.
~l~ Financial institutions, e.g., banks and similar institutions including drive
through facilities pursuant to restrictions set forth in Section 4.4.13(H)(1).
the like.
{6jf~. Funeral homes including accessory uses, such as, a chapel, crematory, and
~~ Gasoline stations or the dispensing of gasoline directly into vehicles,
except that such use shall not be allowed in the West Atlantic Neighborhood, the Beach
District, nor on lots which front along Atlantic Avenue or N.E. 2~ Avenue (a/k/a
Pineapple Grove Way), beginning at a point 105' south of N.E. 4s' Street.
f8) 7(--) Recreational establishments such as bowling alleys, gymnasiums, health
spas, miniature golf courses, skating rinks.
(~~ Veterinary clinics.
(49jj~ Movie theaters, excluding drive-ins.
{~j 1~O,1Playhouses, dinner theaters, and places of assembly for commercial
entertahunent purposes (e.g., concerts, live performances).
{1-2)(~1~Flea mazkets, bazaazs, merchandise marts, and similar retail uses.
(4-3j 12 Wash establishment, with automatic/mechanical systems only, for
vehicles, except that such use shall not be located east of the Intracoastal Waterway or
on lots which front along Atlantic Avenue. Further, this use must be established on
pxopexry with a minimum lot azea of 20,000 sq.ft.
f14)f131Multi-family dwelling units, excluding duplexes, at a density greater than
thirty (30) units per acre, on pxopexry located south of N.E. 2nd Street and north of S.E.
2nd Street, subject to the standards and limitations of Section 4.4.13(I).
{43j 14 Group Home, Type 2 and Community Residential Homes, pursuant to
restrictions set forth in Section 4.3.3(1).
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(4Hjj151Restauxants, Cocktail Lounges, Hotels, and Residential Type Inns may
provide their required parking as valet parking, subject to the provisions of Section
4.6.9(F~(3).
{1~F)j16)Drive-in or drive-through restaurants on property located within the
West Atlantic Neighborhood.
{~S)J17~Hotels, motels, bed and breakfast inns, and. residential-type inns on
property located within the West Atlantic Neighborhood.
(•~9} 18 Free standing or mixed-use residential development at a density greater
than twelve (12) units per acre, but not exceeding 30 units per acre, on property located
within the West Atlantic Neighborhood, subject to the standards and limitations of
Section 4.4.13(1).
Section 6. That Section 4.4.21, "Community Facilities (CF) District", Subsections (B),
"Principal Uses and Structures Allowed" and (D), "Conditional Uses and Structures Allowed", shall be
amended to read as follows:
(B) Principal Uses and Structures Allowed: The following types of use aze
allowed within the CF District as a permitted use:
(1) Governmental, such as: civic centers, courts, courthouses, temporary
holding facilities, fire stations, governmental offices, public health facilities, law
enforcement offices and facilities, post offices, public utility facilities (e.g. lift stations),
water storage tanks, water treatment plants, water wells, wastewater treatment plants,
drainage facilities.
(2) Community, such as: civic centers, community centers, community
theater, cultural facilities and auditoriums, arts and crafts centers, libraries, museums,
public parking lots and gazages.
(3) Recreation, such as: community centers, tennis centers, swimming
centers.
(4) Services, such as: abused spouse residences, child care centers, day Gaze
centers.
(5) Religious, such as: churches and places of worship with attendant uses of
day care, pre-school, educational facilities, and with other normal educational (Sunday
school) and recreational facilities, and support facilities (e.g., parsonage).
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(6) Restricted usage allowed pursuant to an ordinance enacted to several
developments rights under a Transfer of Developments (TDR). (See Section 4.6.20).
(7) Public educational facilities of The School District of Palm Beach
County, pursuant to the regulations set forth in Section 4.3.3 (HH).
(8) Clubs and Lodges provided that alcoholic beverages shall not be served
ox consumed on the property.
(9) Assisted Living Facilities and Continuing Caze Facilities.
(D) Conditional Uses and Structures Allowed: The following uses aze allowed as
conditional uses within the CF District:
(1) Health Care, such as: ,
eke-aged; nursing homes; residential Licensed Service Provider Facilities subject to
restrictions set forth in Section 4.3.3(D); hospitals, with or without helipads and
associated laboratories, treatment centers, rehabilitation centers, and testing facilities; and
mental health treatment facilities including residential care.
(2) Private educational facilities pursuant to the regulations set forth in
Section 4.3.3 (HHH), and vocational schools except for training or programs which can
be conducted in multipurpose buildings or offices (e.g. a dance school, real estate school,
etc.) which may be located in various commercial districts, pursuant to the regulations
set forth in Section 4.3.3 (HHH).
(3) Services, such as: Community Residential Homes and Group Homes,
Type 2, pursuant to restrictions set forth in Section 4.3.3(1), Senior Housing as set forth
in Section 4.3.3 (Ii).
(4) Transportation, such as: bus stations, railway stations, taxi dispatch
(more than one taxi), and park and ride azeas.
(5) Special Services and Facilities, such as: privately operated pazking lots
and garages; stadiums and arenas; refuse transfer stations; resource recovery facilities,
pursuant to provisions of Section 4.3.3(2); and power transfer stations.
Section 7. That Section 4.4.24, "Old School Squaze Historic Axts District (OSSHAD)",
Subsections (B), "Principal Uses and Stmctures" and (D), "Conditional Uses and Structures Allowed",
shall be amended to read as follows:
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(D) Conditional Uses and Structures Allowed: The following uses aze allowed as
conditional uses within the OSSHAD:
(1) Outdoor dining which operates at night or which is the principal use or
purpose of the associated restaurant.
(2) ,Residential Licensed Service Provider
Facilities subject to restrictions set forth in Section 4.3.3(D), Child Care, Adult Day Caze,
,and Nursing Homes.
(3) Parking lots not associated with a use.
(4) Residential-type inns, not to exceed more than eighteen (18) individually
leased suites or rooms per acre.
(5) Group Home, Type 2, and Community Residential Homes, pursuant to
restrictions set forth in Section 4.3.3(1).
Section 8. That Section 4.4.28, "Central Business District-Railroad Comdor (CBD-RC)",
Subsection (B), "Principal Uses and Structures Permitted", shall be amended to read as follows:
(B) Principal Uses and Structures Permitted: The following types of uses are
allowed within the CBD-RC District as permitted uses:
(1) All uses allowed as such within the CBD District [Section 4.4.13(B) (1)
through (5)].
(2) Fabrication and/or Assembly: The working ox combining of
processed or manufactured materials ox parts for distribution or sale, such as sheet metal,
sign shops, glass shops, and cabinet making.
(3) Wholesaling, Storage and Distribution: The wholesaling, storage and
distribution of products and materials, other than self-storage facilities, provided that
such products and materials shall not exceed 55 gallons of any substance which is listed
on the Generic Substances List of the Palm Beach County Wellfield Protection
Ordinance (Reference Palm Beach County Land Development Code, Article 9, Section
9.3).
(4) Contractor and Trade Services: Uses which are primarily engaged in
providing an off-site service but which maintain inventory, equipment and a business
office at a central location, such as general contractor, electrician, painter, plumber, file
contractor, air conditioning specialists.
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(5) Automobile brokerage, including vehicle display within an enclosed
structure.
f 6) Assisted Living Facilities and Continuing Caze Facilities.
Section 9. That Section 4.4.29, "Mixed Residential, Office and Commercial (MROC)
District", Subsection (B), "Principal Uses and Structures Permitted", shall be amended to read as
follows:
(B) Principal Uses and Structures Permitted: The following types of uses aze
allowed within the MROC district as permitted uses:
(1) Office Center. The "Office Centel' uses within an MROC
development may comprise as much as one hundred percent (100%) of the total building
square footage within the development. These uses can include:
• ~ Financial Institutions, e.g., banks, savings and loan establishments,
brokerage firms.
• bj,~Medical Offices, e.g., physicians, dentists, chiropractors,
podiatrists, optometrists, etc.
• j~ Professional Offices, e.g., attorneys, engineering firms,
architectural
• (d~,Governmental offices, e.g., including federal, state, county, and
local offices, along with their related fleet and communications
operations (which will be considered accessory uses to governmental
offices and services), civic centers, courthouses, fire stations, public
health facility, law enforcement offices and facilities, post office,
public utility facilities, communication towers and community
facilities such as civic centers, cultural facilities, libraries, auditoriums,
museums, and public recreation facilities, and services such as day
care centers, abuse, child care centers.
• l~ Business Support Services, primarily engaged in rendering
services to other building establishments, e.g., such as mailing,
building maintenance, personnel and employment services,
management, and consulting services, protective services, copy and
printing, travel, office supply, and similar services.
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(2) Research and Development: Reseazch and Development (R8cD) uses
involve either some degree of product creation, testing, evaluation, and development ox
the provision of testing and evaluation services fox use by others. R8cD uses may
constitute 100% of the total building square footage within the development. Examples
of such uses ox resulting products include:
j~. Product Creation, Testing, Evaluation, and Development:
• 1. computer hazdwaxe
• 2. computer software
• ~ pharmaceuticals
(b~ Research and Development Services:
• 1. calibration laboratories or services
• 2. chemicallaboratoxies
• 3. commercial testing laboratories
• ~ soil laboratories
• 5. scientific research laboratories
(3) General Retail Uses: Retail uses not to exceed 20% of the total building
square footage of the development, including, but not limited to:
~ Restaurants, baked goods, books, cheeses, beer, wine, liquor,
confectioneries, cosmetics, meats, medicines and prescriptions,
flowers and plants, fruits and vegetables, food, gifts, glasswaze, ice
cream, leather goods, luggage, medical and surgical equipment, music
and musical instruments, nautical supplies, office furniture equipment
and supplies, pets and pet supplies, photographic equipment and
supplies, sewing supplies, sporting goods, toys, wearing apparel and
accessories, appliances, bicycles, business machines, jewelry.
jib Bazbex and beauty shops and salons, caterers, dry cleaning limited
to on-site processing for customer pickup only, dry cleaning and
laundry pickup stations, outdoor cafes, tailoring, tobacconist.
u Galleries, butcher shops, cocktail lounges, exercise facilities,
museums, libraries, newsstands, commercial ox public pazking lots
and pazking garages.
19 ORD. N0.20-08
,~
(4) Multi-family Dwelling Units: Multi-family uses excluding duplexes
subject to (c)(1)(2)(3) and (4) below, ranging in density between 40 and 50 units pet acre
subject to the following;
~ Residential units within 1,000 linear feet of the Tri-Rail Transit
station (measured by airline route) may comprise 100% of the total
floor area of the development master plan at a maximum density of
(50) units per acre. If a portion of the parcel is within 1,000 lineaz
feet, this regulation shall apply to the entire pazcel.
Residential units between 1,001 and 2,500 lineaz feet of the Tri-
Rail Transit station (measured by airline route) may comprise 80% of
the total floor area of the development master plan at a maximum
density of (50) units per acre and only when proposed as part of a
mixed-use development containing office and/ox commercial uses. If
a portion of the parcel is within 2,500 lineaz feet, this regulation shall
apply to the entire parcel.
~ Residential units at a distance (measured by airline route) greater
than 2500 feet of a transit station may comprise 75% of the total
floor area of the development master plan at a maximum density of
(40) units per acre and only when proposed as pazt of a mixed-use
development containing office and/or commercial uses.
fa) 1. Residential developments must include a minimum of
20% workforce units consisting of moderate income
workforce units as defined by Article 4.7
Family/Workforce Housing.
(h) 2. Workforce units shall be subject to general provisions of
Article 4.7.6, 4.7.7, 4.7.8, 4.7.9, and 4.7.10.
Notwithstanding the above, residentially developed sites
within 1,000 linear feet (measured by airline route) of the
Tri-Rail station can contain 100% workforce housing
units. If a portion of the pazcel is within 1,000 linear feet,
this regulation shall apply to the entire pazcel.
(ej 3. Fox mixed-use developments, the shazed pazking
provisions of LDR Section 4.6.9. (C)(8) shall be allowed.
{dj 4. All residential developments shall be subject to the
Performance Standards of 4.4.13(1)(2)
20 ORD. N0.20-08
/~
(5) Hotel, Motel and Residential All Suite Lodging: These types of uses
may comprise up to 20% of the total floor area of the overall master plan. For the
purpose of calculating the percentages of uses within the development master plan,
multiple hotels, motels, and residential all suite lodging uses will be considered one
specific use category.
f61 Assisted Living Facilities and Continuing Caze Facilities subject to the
reyuixements set forth in Section 4.4.29 B(~(41 a. b. and c above.
Section 10. That Appendix "A", "Definitions", shall be amended to read as follows:
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ASSISTED LIVING FACILITY Any building or buildings section of budding, or distinct part
means direct physical assistance with ox supervision of the activities of dailK living and the self-
administxation of medication and other similar services which the Department of Elderly Affairs
may define by rule. "Personal services" shall not be construed to mean the provision of medical
nursing, dental. or mental health services.
CONTINUING CARE FACILITY A facility which furnishes shelter and either nursing care
or personal services, pursuant to an agreement, whether such nursing care or personal services
are provided in the facility or in another setting designated by the contract for continuine Gaze to
an individual not related by consanguinity of affinity to the provider furnishing such caze. ypon
21 ORD. N0.20-08
~,
~~
n~ment of an entrance fee Other Personal services provided shall be designated in the
continuing care contract Contracts to Provide continuing care include agreements to Provide
care for any duration. including contracts that are terminable by either Party "Personal services"
means direct Physical assistance with ox supervision of the activities of daily living and the self-
administration of medication and other similar services which the department may defined by
rule. "Personal services" shall not be construed to mean the Provision of medical nursing,
dental or mental health services.
~~ ~~
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NURSING HOME Anv institution building residence Private home or other Place whether
berated for profit or not including a place operated by a county or municiP~lily w +ch
or manager by blood or marriage who by reason of illness ~sical infirmi4y or advanced age
require such services but does not include any~rlace Providing care and treatment,primatily for
thethe mutely ill. A facility offering services for fewer than three Persons is within the meanin¢ of
22 ORD. N0.20-08
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this definition if it holds itself out to the public to be an establishment which regulazly~rovides
such services.
Section 11. That should any section or provision of this ordinance or any portion thereof, any
pazagxaph, 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 12. That all ordinances or parts of ordinances in conflict herewith be, and the same are
hereby repealed.
Section 13. 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 15'" day of
April, 2008.
ATTEST:
e!
A ring Deputy City Clerk
First Reading ~ ~ (~ ~ b
Second Readin ' ~S'
~~~~~ ~~
MAYOR
23 ORD. N0.20-08
MEMORANDUM
TO: Mayor and City Commissioners
FROM: David T. Harden, City Manager
DATE: Apri18, 2008
SUBJECT: AGENDA ITEM 10 B -REGULAR COMMISSION MEETING OF APRIL 15 2008
ORDINANCE NO 20-08 (SECOND READING/SECOND PUBLIC HEARINGI
ITEM BEFORE COMMISSION
This ordinance is before Commission for second reading and second public hearing for a City initiated
amendment to the Land Development Regulations (LDR) pertaining to Assisted Living Facilities,
Continuing Care Facilities and Nursing Homes.
BACKGRQUND
At the first reading on April 1, 2008, the Commission passed Ordinance No. 20-08.
RECOMMENDATION
Recommend approval of Ordinance No. 20-08 on second and final reading.
consistent with the Comprehensive Plan and meets criteria set forth in Section 2.4.5(M) of the Land
Development Regulations.
By motion, approve on first reading Ordinance No. 20-08 for aCity-initiated amendment to the Land
Development Regulations as reflected in the attached ordinance, 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.
Attachments: Ordinance No. 20-08, Planning and Zoning Staff Report of Mazch 17, 2008
ORDINANCE NO.20-08
AN ORDINANCE OF THE QTY COMMISSION OF THE QTY OF
DELRAY BEACH, FLORIDA, AMENDING THE LAND
DEVELOPMENT REGULATIONS BY REPEALING SECTIONS
4.3.3(C), "ADULT CONGREGATE LIVING FAQLITY" AND 4.3.3(G),
"CONTINUING CARE FAQLITIES", AND AMENDING SECTION
4.3.3(I-~, "CONVALESCENT HOMES, HOMES FOR THE AGED,
NURSING HOMES, REST HOMES", IN ORDER TO PROVIDE FOR
UPDATED REGULATIONS REGARDING SAME; AMENDING
SECTIONS 4.4.6, "MEDIUM DENSITY RESIDENTIAL (RM)
DISTRICT", 4.4.13, "CENTRAL BUSINESS DISTRICT (CBD), 4.4.21,
"COMMUNITY FAQLITIES (CF) DISTRICT", 4.4.28, "CENTRAL
BUSINESS DISTRICT -RAILROAD CORRIDOR (CBD-RC)", AND
4.4.29, "MIXED RESIDENTIAL OFFICE AND COMMERQAL
(MI2OC) DISTRICT", IN ORDER TO ALLOW ASSISTED LIVING
AND CONTINUING CARE FAQLITIES AS PERMITTED USES IN
THESE ZONING DISTRICTS; AMENDING SECTION 4.4.9,
"GENERAL COMMERQAL (GC) DISTRICT", IN ORDER TO
ALLOW ASSISTED LIVING AND CONTINUING CARE FAQLITIES
AS CONDITIONAL USES IN THIS ZONING DISTRICT;
AMENDING SECTION 4.4.24, "OLD SCHOOL SQUARE HISTORIC
ARTS DISTRICT (OSSHAD)", TO REMOVE ASSISTED
CONGREGATE LIVING AND CONTINUING CARE FAQLITIES
FROM THE LIST OF CONDITIONAL USES IN THIS ZONING
DISTRICT; AMENDING APPENDIX "A" TO REPEAL THE
DEFINITIONS OF "ADULT CONGREGATE LIVING FAQLITY"
AND "CONVALESCENT HOMES, HOMES FOR THE AGED,
NURSING HOMES, OR REST HOMES" AND ENACTING A
DEFINITION OF "ASSISTED LIVING FAQLITY" AND "NURSING
HOME" AND PROVIDING AN UPDATED DEFINITION OF
"CONTINUING CARE FAQLITY"; PROVIDING A SAVING
CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE
DATE.
WHEREAS, p~usuant to LDR Section 1.1.6, the Planning and Zoning Board reviecaed the proposed
text airendn~lt at a public hearing held on March 17, 2008 and voted 5 to 0 to recomrrgnd that the changes be
approved; and
WHEREAS, puisi~ant to Florida Statute 163.3174(4)(c), the Plannnig and Zoning Board, sitting as the
Local Planning Agency, has determined that the cl~~ge is consistent with and furthers the goals, objectives and
policies of the Comprehensive Plan; and
ORD. N0.20-OS
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 to update the Land Development Regulations in order to
make them consistent with Florida State law, Chapters 429, "Assisted Care Communities" and 651, "Continuing
Care Contracts",Fla. Stat., as maybe amended from time to time.
NOW, THEREFORE, BE IT ORDAINED BY THE QTY COMNIISSION OF THE QTY OF
DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Sections 4.3.3(C), "Adult Congregate Living Facilii~/', and 4.3.3(G), "Continuing
Care Facilities', shall be repealed in their entirety.
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ORD. NO.20-08
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ors. No. zoos
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ORD. N0.20-OS
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Section 2. That Section 4.3.3(I-I), "Convalescent Homes, Homes for the tlged, NLUSUtg Homes,
Rest Homes", shall hereby be amended to read as follows:
(I~ .Nursing Homes=~s`~~:
(1) Lot Area: The minimum lot area for such uses shall be one acre.
(2) Frontaee: The m;n;rrn im frontage of the parcel upon which such a use is to be
located is 100 feet.
(3) Locational Factors:
ORD. NO.20-08
(a) Such tses shall not be located on any arterial street.
(b) Should the facility regtrire ambulance service, such access shall be from a
collector street and shall be provided in such a maruier to minimize
adverse effects on adjacent property.
(c) The envirorunent created should be of a pronounced residential nature
and shall be designed to nrinunize any adverse condition winch might
detract from the prrmary convalescent purpose of the facility.
tion 3. That Section 4.4.6, "Mer-lium Density Residential (RM) District", Subsections (B),
'Principal Uses and SYructrues Permitted" and (D), "Conditional Uses and Structures Alloc~ed", shall be
arrendecl to read as follows:
(B) Principal Uses and Structures Permitted: The following types of use are allowed
within the (RM) District as a pemutted use:
(1) Single family detached dwellings.
(2) Duplex struchnes.
(3) Multiple family structrues.
(4) An abused spouse residence with twelve (12) or fewer residents.
(5) Group Homes, Types 1 and 2, and Comrnrnuty Residential Homes, pursuant to
restrictions set forth in Section 4.3.3(I).
(6) Parldrrg lots not associated with a use, pursr~nt to an adopted rreigtrborhood or
redeveloprrent plan.
(~ Pocket parks.
(8) Public educational facilities of The School District of Palm Beach County,
pursuant to the regulaiions set forth in Section 4.3.3 (I313).
(9) tlcsisted Living Facilities and Continuing Care Facilities.
(D) Conditional Uses and Structures Allowed: The following uses are allowed as
conditional uses within the RM District:
ORD. NO.20-08
(2~(~ Residential Licensed Service Provider Facilities subject to restrictions set forth
in Section 4.3.3(D).
~U Child care and adult day care.
f4ju Private educational facilities subject to the restrictions set forth in Section
4.3.3(HHE3).
~u Churches, or places of worship, and their attendant educational, nursery, Sunday
school, recreational, and columbarium facilities. The foregoing does not allow establishrrent of
educational and care uses such as elementary school and general day care; however, such uses
maybe established by a separate conditional use application for child care or rezoning to CF, as
appropriate.
~u nNursing hones.
~~ The tse of common recreational facilities such as swimming pools, tennis
courts, and golf courses (associated with a subdivision) for club or commercial purposes.
(~);~7 Single family detached residences in zero lot developrrents.
(9)($~ Yacht club with facilities.
~u Dock master facilities wiiert associated with amulti-family development which
has a marina
(~(1Q)Private beach clubs with attendant recreational, dining. and related accessory
facilities within one of the following areas: (a) the area lying south of Atlantic Dunes Park and
east of State Road AlA, or (b) south of Casurina Road, north of Bucida road, and east of State
Road A1A
(1~ 11 Multiple family residential development may exceed tcnelve (12) units per acre,
up to a mvdmtun of twenty-four (24) units per acre within the Southwest Neighborhood
Overlay District defined in Section 4.5.9, subject to the provisions of Section 4.4.6(I), Article
4.7, and based upon the development's conformance with the applicable standards and criteria
descnbed within the adopted Southwest Area Neighborhood Redevelopment Plan
(1~) 12 Multiple family residential development may exceed twelve (12) units per acre,
up to a mvdiruml of twentyFfour (24) units per acre within the Carver Estates Overlay District
as defined in Section 4.5.11 and up to a maximum of eighteen (18) units per acre within the
Infill Workfozre Housing Area, subject to the provisions of Section 4.4.6(1), and Article 4.7.
7 ORD. NO.20-08
Section 4. That Section 4.4.9, "General Commercial (GC) District", Subsections (D), "Conditional
Uses and Structures Allowed" and (G), "Supplemental District Regulations", (2), "Four Comers Overlay
District", shall be amended to read as follows:
(D) Conditional Uses and Structures Allowed: The following uses are allowed as
conditional uses within the CBD District, except as modified in the North Federal Highway Overlay
District by Section 4.4.9(G)(1) and except as modified in the Four Corners Overlay District by Section
4.4.9(G)(2)(c).
(1) Residential Licensed Service Provider Facilities subject to restrictions set forth
in Section 4.3.3(D).
(2) Amtsement Barre facilities.
(3) Wash establishments or facilities for vehicles.
(4) Child Care and Adult Day Care.
(5) Clubs and Lodges; social, fraternal, and recreational not exceeding 3,500 sq. ft.
of gross floor area.
(6) Drive-in Theaters.
(~ Flea Markets, bazaars, merchandise marts, and similar retail uses.
(8) Ftnteral Homes.
(9) Gasoline Stations or the dispensing of gasoline directly into vehicles.
(10) Hotels and Motels.
(11) Free-standing multiple-family housing subject to the regtrire~rents of the RM
District except for setback and height regtrirerr~ents which shall be pursuant to this Section
(12) Recreational establishments such as bowling alleys, gymnasiums, health spas,
miniature golf courses, skating rinks.
(13) Sales and service of All Terrain Vehicles and personal watercraft (wavertmners,
jet skis), with no outside display, outside storage or outside service.
(14) Vehicle care limited to the changjttg of oil and filters, and lubrication with no
mechanical work or outside storage of vehicles except as a part of a gasoline station
ORD. NO.20-08
(15) Veterinary Clinics.
(16) Group Home, Type 2 and Commrmity Residential Homes, ptnstxvlt to
restrictions set forth in Section 4.3.3(I).
(17) Adult Gaming Centers.
(18) Churches or places of warship, and their attendant Sunday school, recreational
and columbariran facilities not exceeding 3,500 square feet of gross floor area The foregoing does not
allow establishtrent of educational and care uses such as elementary school and general day care.
(G) Supplemental District Regulations: In addition to the supplemental district
n=_gtalations set forth in Article 4.6, the following supplemental district regulations shall apply in the GC
District:
(2) Four Comers Overlay District: The following supplemental district
regulations apply to the Fora Comers Overlay District, as defined in Section 4.5.13.
(a) The pemutted uses shall be those rises listed in Sections 4.4.9(6)(1,2,4,5)•
(b) The accessory uses shall be those uses listed in Section (C).
(c) The conditional uses shall be those uses listed in Sections
(D)(1,3,4,10,12,15 20).
(d) Standards Pertaining to Allocation of Uses:
Office uses can encompass up to one hundred percent (100%)
of the total building square footage within a Four Comers
Overlay master development plan
2. Retail uses shall not encompass more than one hundred percent
(100%) of the total building area square footage of the Four
Comers Overlay master development plan.
ORD. NO.20-08
(19) Multiple family residential development may exceed twelve (12) units per acre,
up to a maximtan of eighteen (18) units per acre within the Infill Workforce Housing Area, subject to
the provisions of Section 4.4.6(1), and Article 4.7, and subject to the regrrirements of the RM District
except for setback and height regtrirements, which shall be pursuant to this Section
3. Hotels, motels, and residential all state lodging shall not
encompass more than 20% of the total building area square
footage of the Fotff Corners Overlay master development plan.
Notwithstanding the above, hotels, motels and residential all
state lodging can comprise 100% of the floor area of an
individual btulding within a MDP containing multiple btrildings.
4. Multi-family Dwelling Uriits: Multi-farrrily uses excluding
duplexes subject to a, b, c, d, and e below, ranging in density not
to exceed 30 units per acre subject to the following
a Residential units may comprise 75% of the total floor
area of the development master plan at a maximtIIn
density of (30) twits per acre and only when proposed as
part of a mixed-ttse development contaitng office
and/or commercial uses.
b. Residential developments must include a minimum of
20% warkforee units consisting of moderate income
warkforce units as defined by Article 4.7
Family/Workforce
c. Workfotre units shall be subject to general provisions of
Article 4.7.6, 4.7.7, 4.7.8, 4.7.9, and 4.7.10.
d For mixed-ttse developments, the shared parking
provisions of LDR Section 4.6.9. (C)(8) shall be allowed
e. All residential developments shall be subject to the
Performance Standards of 4.4.13(1)(2)
(e) Standards Unique to the Four Corners Overlay District:
Where standards unique to the Four Comers Overlay District conflict
with standards contained elsewhere in the caning. subdivision, and
landscape code`s, the standards of this Subsection shall apply.
Lot Coverage & Open Space:
a Land area equal to at least 25% of the individual Fotff
Comets Overlay District Master Development Plan
(MDP) including the perimeter landscaped boundary,
10 ORD. N0.20-08
shall be in open space. Lancl~scape areas ~ to meet
internal parking lot design regttirements, water bodies
and paved areas shall not be inclixkcl in the meeting of
this 25% open space requirement.
2. Minimum Structure Size: Any free-standing non residential
principal sttvchtre shall have a minimum floor area of 4,000
square feet; shall be architechnally consistent with other
structures in the master development plan; and shall have direct
access to and from other portions of the Four Comers Overlay
development.
3. Office and Comtreraal Floor Heights shall be a minimum of
twelve feet (12') floor to floor on the first floor and ten (10')
floor to floor on all floors above. Residential uses shall have a
minimtun nine feet (9') floor to floor on all floors. Hotel, motel
and residential all suite lodging shall have a minimum of eight
feet six inches (8' 6") floor to floor on all floors. Auxiliary and
service rooms, such as, garages, restroons, closets, laundry
rooms, dressing rooms, storage rooms, mechanical, electrical,
and plumbing equipment rooms are exempted from the floor
lteight regulations.
lion That Section 4.4.13, "Central Btsiness District (CBD)", Subsections (B), "Prituipal
Uses and Structures Permitted" and (D), "Conditional Uses and Structures Allowed", shall be arrended to read
as follows:
(B) Principal Uses and Structures Permitted: The following types of use are allowed
wnthin the CBD District as a permitted use:
(1) General retail uses including. but not limited to:
- u Antiques, arts and crafts, automotive parts, baked goods, books, carpet
and floor coverilg. cheeses, beer, wine, liquor, confectioneries,
cosmetics, meats, draperies and slipcovers, rr>edicixies and prescriptions,
electrical fixtures and supplies, fabrics, fish, flowers and plants, fnrits
and vegetables, food, garden supplies, gifts, glassware, hardware and
paints, home ftnnishixtgs, ice cream, ]awn care equipment, leather goods,
luggage, medical and surgical equipment, music and musical instnurents,
nautical supplies, office furniture equipment and supplies, pets and pet
supplies, photographic equipment and supplies, sewing supplies,
sporting goods, toys, wearing apparel and accessories, appliances,
bicycles, business machines, jewelry.
11 ORD. N0.20-08
(2) Business and professional uses ptusttivlt to restrictions set forth in Section
4.4.13(I-~(1) including. but not limited to:
- ja] Interior decorating, medical and dental clinics, medical and dental
laboratories, photographic studios, printing and publishing. professional
offices.
(3) Services and facilities including. but not limited to:
'~ U Auctions, barber and beauty shops and salons, caterers, dry clearwtg
limited to on site processing for customer pickup only, dry cleaning and
laundry pickup stations, Laundromats limited to self-service facilities, pet
grooming, restaurants excluding drive-in and drive-througlt, outdoor
cafes, tailoring. tobacconist, vocational schools limited to arts and crafts,
business, beauty, dancing, driving, gynu~astics, photography, modeling.
and karate-judo, small item repair, and rental of sporting goods and
egtupment (such as but not limited to bicycles, skates, boogie boards).
- Ub Galleries, broadcast studios, butcher shops, cocktail lounges, exercise
facilities e.g gyms and clubs, museums, libraries, newsstands,
commercial or public parking lots and parking garages.
(4) Multi-family dwelling units, excluding duplexes, up to a maximum density of
thirty (30) units per acre except for the West Atlantic Neighborhood or Beach District, where
the maxirruun density is twelve (12) dwelling units per acre.
(5) Hotels, motels, bed and breakfast inns, and residential-type inns except in the
West Atlantic Neighborhood.
(6l Assisted Living Facilities and Continuing Care Facilities.
(D) Conditional Uses and Structures Allowed: The following uses are allowed as
conditional uses within the CBD District:
flu Residential Licensed Service Provider Facilities subject to restrictions set forth
in Section 4.3.3(D).
{Bju Amusement game facilities limited to such uses as pinball, air hockey, electronic
games; and other similar coin operated games wit an attendant is on duty.
12 ORD. N0.20-OS
(4)~ Child care and adult day care.
(~~ Financial institutions, e.g., banks and similar institutions including drive through
facilities pursuant to restrictions set forth in Section 4.4.13(FI)(1).
~u Franeral horres includng accessory uses, such as, a chapel, crematory, and the
like.
(~3L) Gasoline stations or the dispensing of gasoline directly into vehicles, except that
such use shall not be allowed in the West Atlantic Neighborhood, the Beach District, nor on
lots which front along Atlantic Avenue or N.E. 2'a Avenue (a/k/a Pineapple Grove Wa}~,
beginning at a point 105' south of N.E. 4"` Street.
~U7 Recreational establishments such as bowling alleys, gymnasiaams, health spas,
miniature golf courses, skating rinks.
~u Veterinary clinics.
(19)u Movie theaters, excluding drive-ins.
{~}j~1Q)Playhorases, dinner theaters, and places of assembly for commercial
entertainment purposes (e.g., concerts, live performances).
n~1~Flea markets, bazaars, ir>ercharrdise marts, and similar retail uses.
(1~j12)Wash establishrrent, with automatic/mechanical systems only, for vehicles,
except that such rase shall not be located east of the Intracoastal Waterway or on lots which
front along Atlantic Avenue. Further, this use must be established on property with a minimum
lot area of 20,000 sq.ft.
(44j 13 Multi-family dwelling units, excluding duplexes, at a density greater than thirty
(30) units per acre, on property located south of N.E. 2nd Street and north of S.E. 2nd Street,
subject to the standards and limitations of Section 4.4.13(1).
~ 14 Group Home, Type 2 and Community Residential Homes, pursuant to
restrictions set forth in Section 4.3.3(I).
(~ 15 Restaurants, Cocktail Lounges, Hotels, and Residential Type Inns may provide
their required parking as valet parking, subject to the provisions of Section 4.6.9(F)(3).
(1~ 16 Drive-in or drive-through restararants on properly located within the West
Atlantic Neighborhood.
13 ORD. N0.20-08
(~ 17 Hotels, motels, bed and breakfast inns, and residential-type inns on property
located within the West Atlantic Neighborhood
(19)(1$)Free standing or Waxed-tse residential development at a deitisity greater than
twelve (12) twits per acre, but not exceeding 30 twits per acre, on property located within the
West Atlantic Neighborhood, subject to the standards and limitations of Section 4.4.13(I).
lion 6. That Section 4.4.21, "Comrrumity Facilities (CF) District", Subsections (B), 'T'iincipal
Uses and Structures Allowed" and (D), "Conditional Uses and Sri~twes Allowed", shall be amended to read
as follows:
(B) Principal Uses and Structures Allowed: The following types of ttse are allowed
within the CF District as a pemutted use:
(1) Govenurental, such as: civic centers, courts, courthouses, temporary holding
facilities, fire stations, governmental offices, public health facilities, law enforcement offices and
facilities, post offices, public utility facilities (e.g lift stations), water storage tanks, water
treatment plants, water wells, wastewater treatrrent plants, drainage facilities.
(2) Community, such as: civic centers, community centers, corrurnmity theater,
cultural facilities and atxlitoriums, aril and crafts centers, libraries, mtrsetnns, public parking lots
and garages.
(3) Recreation, such as: community centers, tennis centers, swirnrning centers.
(4) Services, such as: abused spottice residences, child care centers, day care centers.
(5) Religious, such as: chtnrhes and places of warship with attendant uses of day
care, pre-school, educational facilities, and with other normal educational (Sunday school) and
recreational facilities, and support facilities (e.g., parsonage).
(6) Restricted usage allowed purstxmt to an ordinance enacted to several
developments rights under a Transfer of Developments (TDR). (See Section 4.6.20).
(~ Public educational facilities of The School District of Palm Beach County,
pursrnnt to the regulations set forth in Section 4.3.3 (FIH).
(8) Clubs and Lodges provided that alcoholic beverages shall not be served or
consumed on the property.
(9) Assisted Tsvin~* Facilities and Continuing Care Facilities.
14 ORD. N0.20-08
(D) Conditional Uses and Structures Allowed: The following uses are allowed as
conditional rases within the CF District:
(1) Health Care, such as: ;
aged; nursing homes; residential Licensed Service Provider Facilities subject to restrictions set
forth in Section 4.3.3(D); hospitals, with or without helipads and associated laboratories,
treatrrent centers, rehabilitation centers, and testing facilities; and rrental health treatment
facilities including residential care.
(2) Private educational facilities pursuant to the regulations set forth in Section 4.3.3
~II..n, and vocational schools except for training or programs which can be conducted in
multipurpose buildings or offices (e.g. a dance school, real estate school, etc.) which maybe
located in various corrurercial districts, pursuant to the regulations set forth in Section 4.3.3
~~•
(3) Services, such as: Community Residential Homes and Group Homes, Type 2,
pursuant to restrictions set forth in Section 4.3.3(I), Senior Horsing as set forth in Section 4.3.3
(II).
(4) Transportation, such as: bus stations, railway stations, taxi dispatch (arore than
one taxi), and park and ride areas.
(5) Special Services and Facilities, such as: privately operated parking lots and
gages; stadiums and arrnas; refuse transfer stations; resource recovery facilities, pursuant to
provisions of Section 4.3.3(Z); and power transfer stations.
Section 7. That Section 4.4.24, "Old School Square Historic Arts District (OSSHAD)",
Subsections (B), "Principal Uses and Structures" and (D), "Conditional Uses and Structures Allowed", shall be
amended to read as follows:
(D) Conditional Uses and Structures Allowed: The following uses are allowed as
conditional uses within the OSSHAD:
(1) Outdoor dining wiaich operates at nig~rt or wtaich is the principal use or purpose
of the associated restaurant.
(2) ,Residential Licensed Service Provider
Facilities subject to reshictions set forth in Section 4.3.3(D), Child Care, Adult Day Care,
,and Nursing Homes.
(3) Parking lots not associated with a use.
15 ORD. N0.20-08
(4) Resi~ntial-type inns, not to exceed more than eighteen (18) individually leased
strifes or rooms per acre.
(5) Group Home, Type 2, and Commtmity Residential Homes, pursuant to
restrictions set forth in Section 4.3.3(I).
Section 8. That Section 4.4.28, "Central Business District-12ailroact Corridor (CBD-RC)",
Subsection (B), "Principal Uses and Structures Permitted", shall be amended to read as follows:
(B) Principal Uses and Structures Permitted: The following types of uses are allowed
within the CBD-RC District as permitted uses:
(1) All uses allowed as such within the CBD District [Section 4.4.13(B) (1) through
(5)l•
(2) Fabrication and/or Assembly: The working or combining of processed or
manufactured materials or parts for dish~bution or sale, such as sheet metal, sign shops, glass
shops, and cabinet making.
(3) Wholesaling, Storage and Distribution: The wholesaling, storage and
distribution of products and materials, other than self-storage facilities, provided that such
products and materials shall not exceed 55 gallons of any substance which is listed on the
Generic Substances List of the Palm Beach County Wellfield Protection Ordinance (Reference
Palm Beach Cotmty Land Development Code, Article 9, Section 9.3).
(4) Contractor and Trade Services: Uses which are primarily engaged in
providing anoff-site service but which maintain inventory, egtripment and a business office at a
central location, such as general contractor, electrician, painter, pltnnber, file contractor, air
conditioning specialists.
(5) Automobile brokerage, including vehicle display within an enclosed stnrttne.
(61 Assisted Diving Facilities and Continuing Care Facilities.
Section 9. That Section 4.4.29, "Muted Residential, Office and Commercial (MIZOC) District",
Subsection (B), "Principal Uses and Structures Pemutted", shall be amended to read as follows:
(B) Principal Uses and Structures Permitted: The followung types of uses are allowed
within the MROC district as permitted uses:
(1) Office Center: The "Office Center" uses within an MROC development may
comprise as much as one hundred percent (100%) of the total building square footage within
the development. These uses can include:
16 ORD. N0.20-08
• ~ Finanaal Instrtutions, e.g., banks, savings and loan establishments,
brokerage firms.
• buMeclical Offices, e.g, physicians, dentists, chiropractors, podiatrists,
optometrists, etc.
• (~ Professional Offices, e.g, attorneys, engineering firms, architecttffal
• I_ ld Goveinrr~erttal offices, e.g., incltding federal, state, cotmty, and local
offices, along with their related fleet and c0*~ m~~atrons Operations (which
will be considered accessory uses to govenunental offices and services), civic
centers, courthouses, fire stations, public health facility, ]aw enforeement
offices and facilities, post office, public utility facilities, commrnucation
towers and corrunLmity facilities such as civic centers, cultural facilities,
libraries, auditoriums, museums, and public recreation facilities, and services
such ass day care centers, abuse, child care centers.
u Business Support Services, primarily engaged in renderntg services to
other building establishments, e.g., such as mailing, building maintenance,
personnel and employment services, management, and consulting services,
protective services, copy and printing. travel, office supply, and similar
services.
(2) Research and Development: Research and Development (R&D) uses involve
either some degree of product creation, testing. evaluation, and development or the provision
of testing and evaluation services for use by others. R&D uses may constitute 100% of the
total building square footage within the developrrent. Examples of such uses or resulting
products include:
~ Product Creation, Testing, Evaluation, and Development:
• 1. computer hardware
• 2. computer software
• 3. pharmaceuticals
(_)b Research and Development Services:
• 1. calibration laboratories or services
• 2. chemical laboratories
• 3. commercial testing laboratories
• 4. soil laboratories
17 ORD. N0.20-08
• 5. scientific research laboratories
(3) General Retail Uses: Retail uses not to exceed 20% of the total building square
footage of the development, including. but not limited to:
La) Restaurants, baked goods, books, cheeses, beer, wine, liquor,
confectioneries, cosrretics, meats, medicines and prescriptions, flowers and
plants, fnrits and vegetables, food, gifts, glassware, ice cream, leather goods,
luggage, medical and surgical equipment, mrasic and musical instrrnrents,
nautical supplies, office frmriture equipment aril supplies, pets and pet
supplies, photographic equipment and supplies, sewing supplies, sporting
goods, toys, wearing apparel and accessories, appliances, bicycles, business
machines, jewelry.
Ub Barber and beauty shops and salons, caterers, dry cleaning limited to on-
site processing for customer pickup only, dry cleaning and laundry pickup
stations, outdoor cafes, tailoring, tobacconist.
U Galleries, butcher shops, cocktail lounges, exercise facilities, mrisernrs,
]rbraries, newsstands, commercial or public parking lots and parking garages.
(4) Multi-family Dwelling Units: Multi-family uses excluding duplexes subject to
(c)(1)(2)(3) and (4) below, ranging in density between 40 and 50 units per acre subject to the
following;
• (~ Residential units within 1,000 linear feet of the Tri-Rail Transit station
(measured by airline route) may comprise 100% of the total floor area of the
development master plan at a maximum density of (50) units per acre. If a
portion of the parcel is within 1,000 linear feet, this regulation shall apply to
the entire parcel
J,b Residential units between 1,001 and 2,500 linear feet of the Tri-Rail
Transit station (measrn~d by airline route) may comprise 80% of the total
floor area of the development master plan at a rxiaximum density of (50)
units per acre and only wtren proposed as part of a mixed-use development
containing office and/or comrmxcial uses. If a portion of the parcel is
within 2,5001inear feet, this regulation shall apply to the entire parcel
• u Residential units at a distance (mea`srmecl by airline route) greater than
2500 feet of a transit station may comprise 75% of the total floor area of the
development master plan at a maxirmun density of (40) units per acre and
only wirer proposed as part of a mixed-use development containing office
and/or commercial rises.
18 ORD. N0.20-08
(a)1. Residential developrnertts mtast include a minimtnn of 20%
workforce touts consisting of moderate incorre workforce twits
as defined byArticle 4.7 Family/Workforee Housing.
(b) 2. Workforce twits shall be stabject to general provisions of Article
4.7.6, 4.7.7, 4.7.8, 4.7.9, and 4.7.10. Notwithstanding the above,
residentially developed sites within 1,000 linear feet (measured
by airline rotate) of the Tri-Rail station can contain 100%
warkforee housing tarots. If a porhion of the parcel is within
1,000 linear feet, this regulation shall apply to the entire parcel
(e~ 3. For mixed-use developments, the shared parking provisions of
LDR Section 4.6.9. (C)(8) shall be allowed.
(dj 4. All residential developrrmertts shall be subject to the Performance
Standards of 4.4.13(I)(2)
(5) Hotel, Motel and Residential All Suite Lodging: These types of uses may
comprise up to 20% of the total floor area of the overall master plan For the purpose of
calculating the percentages of cases within the development master plan, multiple hotels, motels,
and residential all state lodging Lases will be considered one specific use category.
(61 Assisted Living Facilities and Continuing Care Facilities subject to the
reaturements set forth in Section 4.4.29 B(~(41 a b, and c above.
lion 10. That Appendix "A", "Definitions', shall be aarended to read as follows:
19 ORD. N0.20-08
ASSISTED LIVING FACILITY Any btnlding or buildings section of btrilding, or distinct Fact of a
CONTINUING CARE FACILITY A facility which fimvshes shelter and either musing cam or
Petsoxial services, pursuant to an agreerrent, whether such ntnsing care or Personal services are
..
20 ORD. N0.20-08
~V~~~~rr unr,rc unr,rc inn ~ruv n~~r~ rn rocrrr~ unr.rc nnr__ln~~ un~A
Section 11. That should any section or provision of this ordinance or any portion thereof, any
paragraph, sentence, or ward be declared by a court of competent jurisdiction to be invalid, such decision shall
not affect the validity of the remainder hereof as a wiwle or part thereof other than the part declared to be
invalid
Section 12. That all ordinances or parts of ordinances in conflict herewith be, and the same are
hereby repealed
Section 13. That this ordinance shall become effective immediately upon its passage on second and
final ~~&
PASSED AND ADOPTED in regular session on second and final reading on this the day of
2008.
ATTEST
MAYOR
City Qerk
First Reading
Second
21 ORD. N0.20-08
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CITY OF DELRAY BEACH
NOTICE OF PROPOSED
AMENDMENT TO THE LAND
DEVELOPMENT REGULATIONS IN
ORDER TO AMEND THE
REGULATIONS GOVERNING
ADULT CONGREGATE LIVING
FACILITIES AND CONTINUING
CARE FACILITIES
The City Commisson of Ote CRy of Dekay Beach, Fkdda, goposesb adolA Ue topoknng
adhatme:
AN ORDINANCE OFTHE CITY COMMISSION OFTHE CffY OF DELRAY BEACH, FLORIDA,
AMENDING THE LAND DEVELOPMENT REGULATIONS BY REPEALING SECTIONS
4.3.3{C), "ADULT CONGREGATE LNING FACIL(Ty'" AND 4:3.3(G), 'CONTRAIING CARE
FACILITIES", ANDAMENDING SECTION 4.3.3(H), `CONVALESCENTHOM1IE8, HOMES FOR
THE AGED, NURSING FiOM£S, REST HOb~S°, IN QRDER TO FROVI~ FOR UPDATED
REGULATIONS REGARDING SAME; AMENDING SECTIONS 4.4.6, "MEDIUM DENSITY
RESIDENTIAL (RM) DISTRICT', 4.4.13. °CENTRAL BUSINESS DISTRICT (CBD), 4.4.21,
"COMMUNITY FACILITIES (CF) DISTRICT', 4.4.28, "CENTRAI. BUSRESS DISTRICT -
RAILROAD CORRIDOR (C8D-RC)", AND 4.4.29, "MIXED RESIDENTIAL OFFICE AND
COMMERCIAL (MROC) DISTRICT", IN ORDER TO ALLOW ASSISTED LNING AND
CONTINUING CARE FACILITIES AS PERMITTED USES IN THESE ZONING DISTRICTS;
AMENDING SECTION 4.4.9, 'GENERAL COMMERCAL (GC) DISTRtCT", IN ORDER TO
ALLOW ASSISTED LIVING AND CONTINUING CARE FACILITIES AS CONDITIONAL USES
IN THIS ZONING DISTRICL AMENDING SECTION 4.4.24, 'OtD SCHOOL SQUARE
HISTORIC ARTS DISTRICT (OSSHADj", TO REMOVE ASSISTED CONGREGATE LNING
AND CONTINUING CARE FACILITIES FROM THE UST OF CONDITIONAL USES IN THIS
ZONING DISTRICT; AMENDING APPENOIX'A' TO REPEAL THE DEFINRIONS OF'ADULT
CONGREGATE LIVING FACILITY" AND "CONVALESCENT HOMES, HOMES FOR THE
AGED, NURSING HOMES, OR REST HOMES' AND ENACTING A DEFlNITION OF
"ASSISTED LIVING FACILITY' AND "NURSING HOME" AND PROVIDING AN UPDATED
DEFINffION OF 'CONTINUING CARE FACILTY°; PROVIDING A SAVING CLAUSE, A
GENERAL REPEALER CLAUSE, ANDAN EFFECTIVE DATE.
The Ciry Commission will corduq Nro (2) Public Hearings for the purpose ni accepting pudic
testimony regarding Ue proposed ordinance. Thefirst Pudk Hearng will be had an UET SDAY.
APRIL 12906 AT 7.00 P.M. m 018 Commisson Chambers at City Hak, 100 N.W. 1st Avenue.
Delray Beach, Fbrida 0 the proposed oNinance is Passed on firs) reading, a sewed Pudk
Heating will be heM on TUESDAY APRIL 15 ZW8 7.OD P.M. (or at amy continuation of wch
meeting which a set by the Commisson) in Ue Commission Curs at Cdy Hall, 100 N.W.
1st Avenue, Dekay Beach, Fbdda.
Atl interested gtizens are invded to adend the pudic hear'vgs aM comnreM upon the proposed
ordinance or submit Ueir commania U writing on or before Ue date of Orese hearings to the
Planning and Zoning Depadmerd. Fa Ndher Utortnation or U odain a wpy of Ue proposed
ordmance, please contact the Planning and Zoning DepaMtent, City Hall. 1110 N.W. 1stAvenue,
Delray Beach, Florida 33444 (email at pzmail~mydelraybeach.com) a by calling
5611243-7040), behveen Ue hours of 8:00 a.m. aM S:W p.m., Monday Urough Fdday..
exquding holidays.
Please be advised Uat g a person deddesto appeal any derdsbn mMle by the City Commisson
wdh respeq to any matter considered atthese hearings, such person may need to ensure Orst
a verbatim record'mcludes Ue testimony and evidence upon which Ote appeal is to be based.
The Ciry does not provide nor prepam such record prusuant to F.S. 286.0105.
CITY OF DELRAY BEACH
ClrevHle D. Nude, CMC
City Clerk
PUBLISH: Monday. March 24, 2008
Tuesday, Apnl8, 2008
Boca RatonfiJekay Beach News