Ord 21-04ORDINANCE NO. 21-04
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AMENDING THE
LAND DEVELOPMENT REGULATIONS OF CODE OF
ORDINANCES, BY AMENDING SECTION 1.4.1,
"INTERPRETATION OF LAND DEVELOPMENT
REGULATIONS; SUBSECTION 2.4.3(G),
"ARCHITECTURAL ELEVATIONS"; SUBSECTION 4.3.3(0),
"TOWNHOUSES AND TOWNHOUSE TYPE OF
DEVELOPMENT"; SUB-SUBSECTION 4.3.4(J)(4),
"INCREASES TO HEIGHT REGULATIONS"; SUBSECTION
4.3.4(K), "DEVELOPMENT STANDARDS MATRIX";
SUBSECTION 4.4.9(F), "DEVELOPMENT STANDARDS";
SUB-SUBSECTION 4.4.9(G)(1 ), "WEST ATLANTIC
AVENUE OVERLAY DISTRICT SUPPLEMENTAL
DISTRICT REGULATIONS"; SUBSECTION 4.4.13(A),
"PURPOSE AND INTENT"; SUBSECTION 4.4.13(F),
"DEVELOPMENT STANDARDS"; SUBSECTION 4.4.13(G),
"SUPPLEMENTAL DISTRICT REGULATIONS";
SUBSECTION 4.4.13(I), "PERFORMANCE STANDARDS";
SUBSECTION 4.4.24(A), "PURPOSE AND INTENT";
SUBSECTION 4.4.24(F), "DEVELOPMENT STANDARDS";
SUBSECTION 4.4.28(F), "DEVELOPMENT STANDARDS";
SUBSECTION 4.6.4(A), "COMMERCIAL ZONING
ADJACENT TO RESIDENTIAL ZONING"; SUBSECTION
4.6.18, "ARCHITECTURAL ELEVATIONS AND
AESTHETICS"; AND APPENDIX "A", "DEFINITIONS", TO
IMPLEMENT THE DOWNTOWN DELRAY BEACH
MASTER PLAN; TO MITIGATE MASS/SCALE AND
UNIFORM MONOLITHIC APPEARANCE OF LARGE
BUILDINGS; AND TO PROVIDE THAT THE
ARCHITECTURAL COMPOSITION OF NEW
DEVELOPMENTS INCORPORATE ARCHITECTURAL
FEATURES THAT PROVIDE VISUAL INTEREST, WHILE
ALLOWING DESIGN FLEXIBILITY; 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 22, 2004, and voted 5
to 0 to recommend that the changes be approved; and
1 ORD. NO. 21-04
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, current information and increased population require rs-evaluation and
adoption of updated development standards; and
WHEREAS, periodic reviews of the Land Development Regulations to evaluate its
various provisions and propose amendments to resolve new or outstanding issues and
comply with the Comprehensive Plan, State Statutes, and Federal Law; and
WHEREAS, the adopted Downtown Delray Beach Master Plan mandated that design
guidelines for the downtown area be created to establish land development regulations
to ensure building forms of a character and scale that reinfome the Citizens' vision of a
"City of urban amenities with a small town feeling," create pedestrian friendly streets,
promote areas of special character, and preserve heritage in the development process;
and
WHEREAS, the City Commission has determined the proposed amendments will
ensure that new development be compatible with the surrounding arsa and enhance
the appearance of the streetscape in the community; and
WHEREAS, the City Commission has determined that the proposed amendments will
mitigate the mass/scale and uniform monolithic appearance of large buildings and
ensure that the architectural composition of new development incorporate architectural
features that will provide visual interest, while allowing design flexibility.
WHEREAS, the City Commission determines the proposed amendments will improve
the procedures and standards of the Land Development Regulations.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, THAT:
SECTION 1. That Section 1.4.1, "Interpretations of Land Development Regulations,"
Subsection 1.4.1(E), "Graphics," of the Land Development Regulations of the Code of
Ordinances of the City of Delray Beach, Florida, be, and the same is hereby amended
to rsad as follows:
(E) Graphics: All qraphics and drawin,qs ars supplemental to the text and in the event
of a conflict the text shall ,qovern.
2 ORD. NO. 21-04
SECTION 2. That Section 2.4, "General Procedures," Subsection 2.4.3(G),
"Amhitectural Elevations," of the Land Development Regulations of the Code of
Ordinances of the City of Delray Beach, Florida, be, and the same is hereby amended
to read as follows:
(G)
Architectural Elevations: The submission for amhitectural review by the Site
Plan Review and Appearance Board or Historic Preservation Board, as
appropriate, shall consist of the following:
(1)
A sketch plan showing existing conditions if the amhitectural review is not
associated with an application which requires site plan or preliminary plat
review, otherwise, the site plan or plat shall accompany the submission.
(2) All drawings shall be drawn to scale (architectural scale is permitted) and
dimensioned.
(3)
A drawing showing four elevations (east, west, north, south) of proposed
structures or of the elevation which is being modified when an existing
structure is involved. The drawing shall show all the architectural features of
the structure and the manner in which air conditioning and similar items are to
be treated. Exterior colors and the type of exterior surfaces, including roofs,
shall be descdbed.
(4) A roof plan which shows the location of equipment and features located
thereon.
(5) Color samples.
Additional detailed drawinqs and/or supportive documents necessary to meet
the requirements or demonstrate compliance with applicable sections of this
Code.
SECTION 3. That Section 4.3.3 "Special Requirements for Specific Uses," Subsection
4.3.3(0), "Townhouses and Townhouse Type of Development," of the Land
Development Regulations of the Code of Ordinances of the City of Delray Beach,
Florida, be, and the same is hereby amended to read as follows:
(O) Townhouses and Townhouse Type of Development:
3 ORD. NO. 21-04
Application: These special requirements apply to townhome or townhouse
development and to apartment complexes which are designed in the style of
a townhome, except projects located within the Central Business District,
General Commercial - West Atlantic Overlay District, and Central Business
District - Railroad Corridor, which shall comply with the applicable district
requlations.
SECTION 4. That Section 4.3.4, "Base Distdct Development Standards," Subsection
4.3.4 (J) "Height,", Sub-subsection 4.3.4(J)(4), "Increases to Height Regulations", of the
Land Development Regulations of the Code of Ordinances of the City of Delray Beach,
Florida, be, and the same is hereby amended to read as follows:
(4)
Increases to Height Regulations:
(a) Prohibitions: There are no provisions which allow, nor is the Board of
Adjustment empowered to grant, an increase of height for any purpose in the
following zone districts:
Single Family (R-l) Districts
Ag#culture (Ag)
Low Density Residential (RL)
Planned Residential Development (PRD)
Neighborhood Commercial (NC)
Conservation Distdct (CD)
Rural Residential (RR)
Mobile Home (MH)
Medium Density Residential (RM)
Residential Office (RO)
Professional and Office District (POD)
Open Space (OS)
(b)
Allowances: An increase, to a maximum height of sixty feet (60'), may be
approved by the City Commission in any zone district not listed above when
approved pursuant to the processing of a conditional use request and based
upon a finding of compliance with each of enumerated criteria listed below.
(i) That the structure is to be located in one of the following geographic
areas:
(1) Area "A" - all properbj located east of Congress Avenue and west
of 1-95.
(2) Area "B" - the property encompassed by the Delint DRI, with the
exception of that portion platted as "Waterford Village"; along with
4 ORD. NO. 21-04
(ii)
property located west of S.W. 10th Avenue, south of Linton
Boulevard, and east of 1-95.
(3) Area "C" - the property encompassed by the boundary of Linton
Boulevard, Wallace Drive, S.W. 10th Street, and 1-95.
(4)
Area "D" - the properties tocated south of Atlantic Avenue, north of
S.W. 1st Street, west of S.W. 1st 2nd Avenue, and east of S.W. 4th
Avenue; and the properties located north of Atlantic Avenue, south
of N.W. 1st Street, west of N.W. 1st Avenue, and east of N.W. 3rd
Avenue.
(5)
Area "E" - the property encompassed on the west by the F.E.C.
Railroad, on the east by the Intracoastal Waterway, on the south by
Allen Avenue extended to said easterly and westerly boundaries,
and on the north to the northernmost boundary of the City.
(6) Area "F" - the property located between the one-way pair system of
Federal Highway (5th and 6th Avenues).
(7) Area "G" - the property on either side of Linton Boulevard,
extending 200 feet north and south of its ultimate right-of-way,
extending from 1-95 to Dixie Highway.
(8) Area "H" - the area bounded by Linton Boulevard on the south, the
F.E.C. Railroad on the east, the combination of Southridge Road
and Swinton Avenue on the north, and S.W. 4th Avenue on the
west.
(9) Area "1" - all property within the CBD (Central Business District)
except for property lying east of the Intracoastal Waterway.
(10) Area "J" - the property encompassed by Lindell Boulevard on the
north, Federal Highway on the east, Dixie Highway on the west,
and the City limits on the south.
That the increase in height will not provide for, nor accommodate, an
increase in the floor area (within the structure) beyond that which could
be accommodated by development which adheres to a height limitation
of 48 feet, except for the following situations:
(1)
An increase in intensity is allowed when the increase from 48 feet
to 60 feet is for the purpose of accommodating residential use on
the top floor of the structure; however, the increase in intensity is
only for the added residential use area;
5 ORD. NO. 21.04
(2) An increase in intensity is allowed when there is a transfer of
development dghts pursuant to Section 4.6.20.
That the increase in height is based on or will result in one, or more, of
the following:
(1) A demonstrable need that, in order to accommodate the nature of
a particular use or a particular matter or type of construction, a
greater than normal space between floors or height of story is
necessary; or
(2)
(3)
That -7-6 50% or greater of an area of the ground floor is devoted to
parking and vehicular traffic circulation; or
That for each foot in height above 48 feet, an additional building
setback of two feet is provided from the building setback lines
which would be established for a 48-foot tall structure. The
additional setback is required from all setback lines (i.e., front, side,
and rear) for the portion of the buildinR that extends above 48 feet.
In lieu of this setback requirement, buildinRs in the CBD zone shall
adhere to the setback requirements of that district.
SECTION 5. That Section 4.3.4, "Base Distdct Development Standards," Subsection
4.3.4 (K), "Development Standards Matrix," of the Land Development Regulations of
the Code of Ordinances of the City of Delray Beach, Florida, be, and the same is
hereby amended to read as follows:
Section 4.3.4 Base District Development Standards:
(K)
Development Standards Matrix: The following matdces set forth the minimum
and maximum development standards for each zoning district subject to
descriptions, interpretations, and exceptions as provided for elsewhere in Section
4.3.4.
(This space intentionally left blank)
6 ORD. NO. 21-04
!1
7 ORD. NO. 21-04
SECTION 6. That Section 4.4.9, "General Commemial (GC) District," Subsection
4.4.9(F), "Development Standards," of the Land Development Regulations of the Code
of Ordinances of the City of Delray Beach, Florida, be, and the same is hereby
amended to read as follows:
(F)
Development Standards: In
The development standards set forth in Section 4.3.4 shall apply except as
modified below:
If there is no vehicular access available to the rear of any structure, a side
setback of ten feet (10') shall be provided. For a side interior lot, a ten foot
(10') setback is required only on one (1) side.
(2)West Atlantic Avenue Overlay District Development Standards: The
following development standards apply to all properties zoned General
Commercial (GC) within the West Atlantic Avenue Overlay District as defined in
Section 4.5.6(B). This sub area, known as the West Atlantic Nei.qhborhood
(WAN) provides for development that is consistent with the adopted West
Atlantic Avenue Redevelopment Plan and the Downtown Delray Beach Master
Plan. The emphasis is on the preservation and enhancement of existin.q
nei.qhborhoods, while promotinq a pedestrian friendly commercial area alonq
Atlantic Avenue that contains a mix of residential, commercial and civic
functions. Businesses that are oriented toward servin.q the local nei.qhborhood,
as opposed to a re.qional area, are encouraqed. All parcels within the
boundaries of the WAN are shown in Fiqure 4.4.9-1.
(This space intentionally left blank)
8 ORD. NO. 21-04
WEST ATLANTIC NEIGHBORHOOD
GC (GENERAL COMMERCIAL) ZONED AREA
r~l:lure ,~.,~.e-~ - west ,~[,ant~c mell:lnoornooa
~ ORD. NO. 21-04
(a) Height: Parcels that have frontage along Atlantic Avenue, NW 5t~ Avenue,
or SW 5t~ Avenue shall have a front setback of five feet (5') from the
ultimate right-of-way line. The front setback area shall be paved with paver
blocks to match the existing sidewalks within the Atlantic Avenue right-of-
way.
Overall Hei.qht of buildinqs shall be a minimum of twenty-five feet
(25') and a maximum of forty-ei.qht feet (48') in heiqht. Exceptions
to the height limitations shall comply with Section 4.3.4(J)(3) and
(4).
Arcade Hei.qht shall be a minimum ten feet (10'), measured from
finished arcade floor to finished arcade ceilinq.
(iii)
Floor HeiRht shall be a minimum of ten feet (10') for ground floors
and a minimum of nine feet (9') for all other floors. All heights shall
be measured from finished floor to finished ceiling. Auxiliary and
service rooms, such as, Raraqes, restrooms, closets, laundry
rooms, dressing rooms, storage rooms, mechanical, electrical, and
plumbing equipment rooms aro exempted from the floor height
regulations.
Figure 4.4.9-2 - Building Height Reauirements
10 ORD. NO. 21-04
(b)
The minimum open space requirement is ten percent (10%) of the site
area. All landscape requirements for parking lots and buffering of
residential properties, pursuant to Section 4.6.64_ and 4.6.16, shall apply.
(c) Building Frontage and Front Setbacks:
The buildin,q frontaqe for an interior lot is the portion of the lot
abuttin.q the primary street minus the required side setbacks.
The buildinR fronta,qe for the primary street side of a corner lot is
the portion of the lot abuttinq the primary street minus the required
side setbacks.
The bu din.q fronta,qe for the secondary street side of a corner lot is
the portion of the lot abuttin.q the secondary street minus the
required front and rear setbacks.
FiRure 4.4.9-3 - Bulldincl Frontage
(iv)
(vi)
Bu idinq fronta.qe is expressed in percentaqes and may vary from
floor to floor.
Front setbacks shall be taken from the property line, or if a
dedication is required, from the resultin.q property line after
dedication.
Buildinq frontaqe and setbacks for properties frontinq on Atlantic
Avenue shall comply with Table 4.4.9-1.
11 ORD. NO. 21-04
(vii) The front setback area for buildin.qs frontinq on Atlantic Avenue
shall be paved with pavinR materials to match the existin,q
sidewalks within the Atlantic Avenue dRht-of-way.
(viii) For corner lots with Atlantic Avenue side street fmntaqe, the first
sixty feet (60') of the buildin,q, taken from the Atlantic Avenue
property line, or if a dedication is required, from the resultin.q
property line after dedication, shall comply with Table 4.4.9-1.
(ix) Buildin,q fmnta,qe and setbacks for properties frontin,q on streets
other than Atlantic Avenue shall comply with Table 4.4.9-2.
70%/90% 0-- 70%190% 5' min/
West Finished 10'max
Atlantic orade to 37' Remainina 24' rain Remaininc 17' min/
Avenue len,clth lenRth 22' max
50% max 12~' 50% max 17' min
37' to 48' Remainina 24' rain Remainino 29' rain
lencth lenRth
70%/90% 5'min/
Finished erade to 25' 10' max
Remainina leneth 17' min/
22' max
Other Rlaht- 50% max 17' min
of-ways 25' to 37' Remainine len;th 29' rain
50% max 17' mit3
37' to 48' Remainim3 lenath 29' min
12 ORD. NO. 21-04
70%/90% 5'mi~
Finished erode to 25' 10'max
NW and SW Remainino lenQth 17'mini
Avenues 22'max
70% max 17'min
25' to 37' Remainino lenoth 29' rain
50% max 29' min
37' to 48' Remainino lenath 41' min
Notes to Tables 4.4.9-1 and 4.4.9-2[
(1) Lots of record with a width less than fifty feet (50') shall be exempted from the buildina
frontaRe requirements provided a minimum five (5) to maximum ten foot (10'1 setback be
provided for the portion of the buildinR from finished arede to twenty-five feet {25'~ in
heiRht and a minimum seventeen foot (17') setback is provided above a heiaht of twenty-
five feet (25'~.
(2) The applicable development requlations for arcades. Arcades shall have a minimum
width of twelve feet (12'), inclusive of columns or pilasters uo to a maximum width of two
feet
(3) Buildinq frontaRe reauirements for parkin~ ~araqes may be increased to a maximum of
100% for all floors by the Site Plan Review and Appearance Board or the Historic
Preservation Board subiect to compliance with Section 4.6.18(B)(14~{vi)4), Parkina
GaraRes.
(4) The buildinR setback for oortions of oarkin~ ~araaes above twenty-five feet (25'1 may be
waived by the Site Plan Review and Appearance Board or the Historic Preservation Board
subject to compliance with Section 4.6.18(B)(14)(vi)4), Parkin~ Garaaes. and a minimum
five (5) to maximum ten foot (10') setback for the portion of the buildina from finished
qrade to twenty-five feet (25'~ in heiaht.
(51 For sites with multiple buildinos, the buildin~ immediately abuttina the roadwav(sl shall
comply with the buildinR frontaae and setbacks in Table 4.4.9-1 and 4.4.9-2.
(6) Buildinq floors shall be setback in increments of twelve feet (12') to create a vertical
stepped back aneearance.
(7) Buildina and site desiQn shall incorporate Crime Prevention Throuah Environmental
DesiRn {CPTED) standards to the areatest extent oossible.
(This space intentionally left blank)
13 ORD. NO, 21-04
Fi~lure 4.4.9-4 - Buildin;I Fronta;leS and Setbacks for West Atlantic Avenue
14 ORD. NO. 21-04
Figure 4.4.9-5 - Building Frontages and Setbacks for NWISW 5th Avenues
15 ORD. NO. 21-04
Fiuure 4.4.9-6 - Buildina Frontaaes and Setbacks for Other Roadways
16 ORD. NO. 21-04
Side Street Buildin.q Fronta.qe and Setbacks
Side street setbacks shall be taken from the property line, or if a
dedication is required, from the resultinq property line after
dedication.
Side street buildin.q fronta,qe and setbacks shall comply with the
applicable roadway requirements in Tables 4.4.9-1 and 4.4.9-2.
For corner lots frontinq on Atlantic Avenue1 NW 5th Avenue, or SW
5t~ Avenue, the same development standards that apply on Atlantic
Avenue, NW,5tn Avenue1 or SW 5tn Avenue shall ap.pt~y to the first
sixty feet (60)1 taken from the Atlantic Avenue, NW 5 Avenue1 or
SW 5t~ Avenue property line, or if a dedication is required, from the
resultin.q property line after dedication.
S*tdVIE DEVELOPMENT
STANDARDS SHALL APPLY
TO THE FIRST 60 FT.
PRt~RYR,O.W.
Figure 4.4.9-7 - Corner lots with Atlantic Avenue or NW/SW 5t~ Avenue Frontaue
Rear Setbacks for all buildin.q floors shall be a minimum of ten feet (10')
from the property line.
Structures Allowed Within Setback
17 ORD. NO. 21-04
(iii)
Balconies may encroach a maximum of four feet (4') into the
setbacks.
Loggias and Trellises above the ground floor may encroach into
the setbacks provided they do not exceed the required setback of
the portion of the floor directly below it.
Roof Eaves may encroach into the setback a maximum of four feet
(4').
ROO~ EAVES MAX, 4 FT.
OPEN TRELLISES AND
LOGGIAS 12 FT. MAX.
BALCONIES 4 FT. MAX.
JJ~ PROPERTY UNE
Figure 4.4.9-8 - Encroachments
SECTION 7. That Section 4.4.9, "General Commercial (GC) District," Subsection
4.4.9(G), "Supplemental District Regulations," Sub-subsection 4.4.9(G)(1), "West
Atlantic Avenue Overlay District Supplemental District Regulations", of the Land
Development Regulations of the Code of Ordinances of the City of Delray Beach,
Florida, be, and the same is hereby amended to read as follows:
(G)
Supplemental District Regulations: In addition to the supplemental district
regulations set forth in Article 4.6, the following supplemental district regulations
shall apply in the GC District.
(1)
West Atlantic Avenue Overlay District Supplemental District
Regulations: The following supplemental district regulations apply in the
West Atlantic Avenue Overlay District as defined in Section 4.5.6(B):
18 ORD. NO. 21-04
(a) The following principal and conditional uses are prohibited in the overlay
district:
(b)
(c)
(d)
(e)
(f)
-*(i) Retail or Wholesale Firearm or Ammunition Sales;
*(ii) Retail or Wholesale Automotive Parts Sales;
*(iii) Lawn Care Equipment Sales;
*(iv) Contractor's Offices;
-*J_~ Abused Spouse Residences;
-*(vi) Shooting Ranges;
*(vii} Adult Entertainment Establishments;
-*(viii)Service Stations.
All permitted uses with drive-through facilities shall require conditional
use approval.
All buildings fronting on West Atlantic Avenue, N.W. 5th Avenue, or S.W.
5th Avenue must contain nonresidential uses on the ground floor facing
the street. Dwelling units are permitted within the same structure as
commemial uses with no restriction on the percentage of each use
allowed. In the event that residential and non-residential uses are
located in the same structure, residential uses and non-residential uses
must be physically separated and have separate accessways.
Commercial structures are limited to a maximum depth of 150 feet from
the ultimate right-of-way of Atlantic Avenue, unless the parcel has
frontage on N.W. 5th Avenue or S.W. 5th Avenue. Accessory uses
such as parking areas, landscaping, and drainage retention areas may
extend beyond the 150 foot limit. Establishment or expansion of
structures beyond the 150 foot limit may be allowed as a conditional
use, subject to the required findings of Section 2.4.5(E)(5).
Six (6) parking spaces per 1,000 square feet of gross floor area are
required for restaurants and one (1) parking space per 300 square feet
of gross floor area is required for all other non-residential uses, except
hotels and motels. Parking spaces for residential uses are required at
the rates established in Section 4.6.9(C)(2).
The parking requirement for hotels and motels is established at 0.7 of a
space for each guest room plus one (1) space per 300 sq. ft. of floor
area devoted to ballrooms, meeting moms, and shops and six (6)
19 ORD. NO. 21-04
(g)
(h)
(i)
0)
spaces per 1,000 sq. ft. of floor area devoted to restaurants and lounges
within the hotel or motel.
If it is impossible or inappropriate to provide required parking on site or
off-site, the in-lieu fee option provided in Section 4.6.9(E)(3) may be
applied.
There is no restriction on repair and/or reconstruction of non-conforming
single family residences located a minimum of 150 feet from Atlantic
Avenue.
Parking areas and accessways to parking lots must be located to the
rear of commemial structures that have frontage on Atlantic Avenue.
Where locating parking to the rear of the structure is impossible or
inappropriate, the Site Plan Review and Appearance Board may
approve an alternate location.
Free standing or mixed-use residential development up to twelve (12)
units per acre is a permitted use. Density may exceed twelve (12) units
per acre, up to a maximum of thirty (30) units per acre, as a conditional
use. Density may exceed 12 units per acre only after the approving
body makes a finding that the project has substantially complied with the
performance standards listed below, the West Atlantic Avenue
Redevelopment Plan, required findings of Section 2.4.5(E)~ and
applicable standards of the Comprehensive Plan and Land
Development Regulations. Notwithstanding these provisions, the
approving body may deny an application for increased density where it
is determined that the proposed project is not compatible in terms of
building mass and intensity of use with surrounding development. It is
acknowledged that it may not be possible for projects which involve the
modification of existing structures to comply with many of the standards.
For those types of projects, the ultimate density should be based upon
compliance with those standards which can be reasonably attained, as
well as the project's ability to further the goal of revitalizing the
Redevelopment Area.
The following performance standards shall apply to all applications for
new development and modification of existing developments which
would result in a density greater than twelve (12) dwelling units per acre:
(1)
The development offers variation in design to add interest to the
elevations and relief from the building mass. F~examp~
build~ .... ~h.~..,. .... ~ .... cf ~h~ ~..,.,~ ..... ~o..+ .~-,,-, .... ~ ~
20 ORD. NO. 21-04
(2)
(3)
(4)
~.v, ...... --.-~--..-,+~""....-'* ... ,. ..k. . .. Building elevations incorporate several of the
following elements: diversity in window and door shapes and
locations; features such as balconies, arches, porches; and design
elements such as shutters, window mullions, quoins, decorative
tiles, or similar distinguishing features.
If the building includes a parking garage as an associated structure
or within the principal building, the garage elevation provides
unified design elements with the main building through the use of
similar building materials and color, vertical and horizontal
elements, and architectural style. Tk.., ,,...~r=.~o .v ~° ....v,~,'~"°~""~'~,w in =
....... ~.~h, ..... k .... * .........~ ..v~*~ Development of
portion of the ground floor perimeter adjacent to street rights of way
is devoted to window displays or floor area for active uses such as
retail stores, personal and business service establishments,
entertainment, offices, etc., is encouraged.
A number of different unit types, sizes and floor plans are available
within the development. Two and three bedroom units are
encouraged, as are a combination of multi-level units and fiats. In
projects consisting of more than twelve (12) dwelling units, the
proportion of efficiency or studio type units may not exceed 25% of
the total units. There is no maximum percentage established for
projects having twelve (12) or fewer units, however, a mix of unit
types and sizes is encouraged.
21 ORD. NO. 21-04
The proiect desiRn shall create an overall unified amhitectural
character and imaqe by the use of common elements between the
buildin(~(s), oarkin.q lot, and landscapinq. Examples of some
features that could be incorporated to meet this standard are:
freestandin.q li.qht poles and exterior li.qht fixtures that are
decorative and consistent with the architectural treatment of the
(5)
(6)
(7)
(8)
(9)
buildinq(s); pedestrian amenities such as benches, shaded
walkways, and decorative pavement treatment, that are similar in
forms, colors, materials, or details as the architecture of the
buildin.q(s); focal points such as public art, water feature/fountain,
courtyard or public plazas desiqned to connect different uses alon.q
a continuous pedestrian walkway; or a combination of similar
features that meet the intent of this standard.
The development provides common areas and/or amenities for
residents such as swimming pools, exercise rooms, storage rooms
or lockers, covered parking, gardens, courtyards, or similar areas
and/or amenities.
The development promotes pedestrian movements by providing
convenient access from the residential units to the public sidewalk
system. Pedestrian areas adjacent to the building are enhanced by
providing additional sidewalk area at the same level as the abutting
public sidewalk. Accessways to parking areas are designed in a
manner that minimizes conflicts between vehicles and pedestrians.
The public street or streets immediately adjacent to the
development are enhanced in a manner that is consistent with the
streetscape on West Atlantic Avenue.
The development provides opportunities to share parking,
accessways, driveways, etc., with adjoining properties, or provides
additional parking spaces that may be used by the public.
~ For buildings fronting on West Atlantic Avenue,
NW 5th Avenue, or SW 5th Avenue, at least fifty percent (50%) of
the surface area of the front street wall(s) at the ground floor of
each such building is devoted to display windows and to entrances
to commercial uses from outside the building.
The landscape plan for the development preserves and
incorporates existin.q native ve.cletation (where available), provides
new landscapin.q that is in excess of minimum standards in hei.qht
22 ORD. NO. 21-04
and quantity), demonstrates innovative use of plant material,
improves site desiqn, provides useable open space or public
plazas, and maximizes available areas for pedestrian interaction. If
necessary to achieve this standard, the proiect may exceed the
maximum setback area on the qreund floor.
SECTION 8. That Section 4.4.13, "Central Business (CBD) District," Subsection
4.4.13(A), "Purpose and Intent," of the Land Development Regulations of the Code of
Ordinances of the City of Delray Beach, Florida, be, and the same is hereby amended
to read as follows:
(A) Purpose and Intent: The Central Business Distdct (CBD) Zone District is
established in order to preserve and protect the cultural and historic aspects of
downtown Delray Beach and simultaneously provide for the stimulation and
enhancement of the vitality and economic growth of this special area. Establishment of
the CBD District is consistent with and implements, in part, Objective C-4 of the Land
Use Element of the Comprehensive Plan. The CBD District is generally applied to
territory depicted in the Commercial Core designation on the Future Land Use Map.
The areas described below and shown in Fi.qures 4.4.13-1 and 4.4.13-2 provide for
development that is consistent with the adopted Downtown Delray Beach Master Plan.
Central Core: The requlations are intended to result in development that preserves the
downtown's historic moderate scale, while promotin.q a balanced mix of uses that will
help the area evolve into a traditional, self-sufficient downtown. Residential
development is permitted at hi.qher densities in this area than any other part of the city,
in order to foster compact, pedestrian oriented qrewth that will support downtown
businesses.
(This space intentionally left blank)
23 ORD. NO. 21-04
~jI_JL;IL_L ,'.LIt___L~L~L~ J~ IL ,,_lt [~ ;
..... Il E: .... ill; ..... [~_. UI,_JL ...... ~_~_] ~ ~ ~11
[ i ll[lil IIPV/': ~[ h ~ I ; //) / I ~ ~1
i / ~ i~,q iI ~ ..... i !~ ,'q~/ /t
N
~ CENT~L CORE
Fiaure 4.4.13-1 - Central Core
24 ORD. NO. 21-04
Beach Area: The qoal for this area is to "preserve and enhance the character of these
areas, the public condition of the beach, the vitality of its center, and the natural
environment." The Master Plan calls for redevelopment of existinq buildinqs in a
manner that places storefronts close to the street and parkinq in the rear. Where
existing buildin.qs are separated from the pedestrian ways by wide landscaped areas,
the addition of arcades and new building square footaqe to bring the storefronts closer
to the street is encouraqed.
25 ORD. NO. 21-04
N
BEACH AREA
Figure 4.4.13-2 - Beach Area
SECTION 9. That Section 4.4.13, "Central Business (CBD) District," Subsection
4.4.13(F), "Development Standards," of the Land Development Regulations of the Code
of Ordinances of the City of Delray Beach, Florida, be, and the same is hereby
amended to read as follows:
26 ORD. NO. 21-04
(F)
Development Standards: The development standards set forth in Section 4.3.4
shall apply, except as modified below. In case of conflict with other applicable
development re.qulations, this Section shall apply:
(1) Height: The CBD is a geographic area in which exceptions to height
regulations are allowed pursuant to Section 4.3.4(J).
Overall Height of buildings shall be a minimum of twenty-five feet (25')
and a maximum of forty-eight feet (48') in height. Exceptions to the
height limitations shall comply with Section 4.3.4(J)(3) and (4).
Arcade Height shall be a minimum ten feet (10'), measured from
finished arcade floor to finished arcade ceilinq.
Floor Height shall be a minimum of ten feet (10') for .qround floors and
a minimum hei.qht of nine feet (9') for all other floors. All hei.qhts shall be
measured from finished floor to finished ceilin.q. Auxiliary and service
rooms, such as, .qara.qes, restrooms, closets, laundry rooms, dressing
rooms, storaqe rooms, mechanical, electrical, and plumbin.q equipment
rooms aro exempted from the floor hei.qht re.qulations.
(2)
Figure 4.4.13-3 - Buildina Heiqht Requirements
Open Space: A minimum of 10% non-vehicular open space shall be
provided; however, within the area encompassed by the boundaries of the
original Downtown Development Authority as described in Section 8.2.2(B),
27 ORD. NO. 21-04
and within those sections of the CBD zoning district located within the
Pineapple Grove Main Street area and east of the Intracoastal Waterway,
there shall be no minimum open space requirement. Notwithstanding the
provisions of this section, the body acting upon a development application
within the CBD may require that open areas, including but not limited to
courtyards, plazas, and landscaped setbacks, be provided in order to add
interest and provide relief from the building mass.
(3) Building Frontage and Front Setbacks:
The buildin.q fronta.qe for an interior lot is the portion of the lot abuttinq
the primary street minus the required side setbacks.
The buildinq fronta,qe for the primary street side of a corner lot is the
portion of the lot abuttinq the primary street minus the required side
setbacks.
The buildin,q fronta,qe for the secondary street side of a corner lot is the
portion of the lot abuttin,q the secondary street minus the required front
and rear setbacks.
00000
Figure 4.4.13-4 - Buildina Frontaae
Buildinq fronta.qe is expressed in percenta.qes and may vary from floor to
floor.
Front and setbacks shall be taken from the property line, or if a
dedication is required, from the resultin.q property line after dedication.
28 ORD. NO. 21-04
BuildinR frontaRe and setbacks for properties frontinq on Atlantic Avenue
or A-1-A shall comply with Table 4,4.13-1.
The front setback area for bud n,qs frontin.q on Atlantic Avenue shall be
paved with pavinR materials to match the ex st n.q sidewalks within the
Atlantic Avenue riqht-of-way.
For corner lots with Atlantic Avenue side street fronta,qe, the first sixty
feet (60') of the buildin.q, taken from the Atlantic Avenue property line, or
if a dedication is required, from the resultin.q property line after
dedication shall comply with Table 4.4.13-1.
Bud n.q fronta.qe and setbacks for properties frontin.q on streets other
than Atlantic Avenue or A-1-A shall comply with Table 4.4.13-2.
Sub Areas
70%/g0% 0_' 70%/g0% 5' min/
Beach Area Finished 10'max
(BA"~~- erade to 37' Remaininq 24' min Remainin(3 17' mini
lenRth lenRth 22' max
50% max 12_~' 50% max 17' rain
37' to 48'
Remainina 24' min Remainina 29' rain
len~lth lennth
70%/90% 5' min or
Finished 10' max
{3rade to 25' Rem~ininl:l 17' min or
lenRth 22' max
Central Core Nlra 70% max 17' min
~ 25' to 37' RemaininR 29' min
len{3th
50% max 29' rain
37' to 48' Remainin(~ 41' min
lent{th
48' and 100% max 41' min
above
29 ORD. NO. 21-04
Roadways Buildln° Heioht (feet) ~
70%/90% 5' mini
Finished qrade to 25' 10' max
Remaininq length 17' min/
22' max
Other Ri~lht- 50% max 17' min
of-ways(4) 25' to 37 Remaining length 29' rain
50% max 17' min
37' to 48'
Remaining length 29' rain
48' and above 100% 41' min
70%/90% 5' min/
Finished qrade to 25' 10' max
Pineapple Remaining length 17' min/
Grove Way 22' max
70% max 17' min
25' to 37' Remaining length 29' min
50% max 29' min
37' to 48'
Remaining length 41' min
48' and above 100% 41' min
70%/80% (~) 15' min~)
Finished grade to 25' 70%/90% (4) ~
Remainin.q len.qth 27' rain(3)
NE and SE 70% max (3)(4) 15' min(3)
~raand NE 25' to 37' ~
and SE ~ Remaining len,qth 27' rain
Avenues~t(4) 50% max 34' rain
37' and above Remaining length 39' min
Notes to Tables 4.4.13-1 and 4.4.13-2:
Lots of record with a width less than fifty feet (50'1 shall be exemoted from the buildine
fr0ntaRe requirements provided a minimum five (5} to maximum ten foot (10') setback be
provided for the portion of the buildino from finished erade to twentY-five feet {25') in
30 ORD. NO. 21-04
height and a minimum seventeen foot (17') setback is provided above a heiaht of twenty-
five feet (25').
The applicable development reoulations for arcades. Arcades shall have a minimum
width of twelve feet (12'), inclusive of columns or pilasters up to a maximum width of two
feet (2').
Residential occupancy on the .qround floor and Drimarv entrances shall be oriented
towards NE and SE 5m or NE and SE 6tn Avenues.
Mixed-use/Non-residential occupancy on the oround floor.
(5) The same development standards that aPPlY to the front properb/line shall aDDIV to the
first sixty feet (60') of the buildin.q facin.q the side street property line.
(6) Buildinq frontaqe requirements for parkinf:l f~are.qes may be increased to a maximum
100% for all floors by the Site Plan Review and Appearance Board or the Historic
Preservation Board subject to compliance with Section 4.6.18(B)(14~(vi~4~. Parkina
Garaf:ies.
The buildin.q setback reauirements for portions of oarkina paraoes above twenty-five feet
(25') may be waived by the Site Plan Review and Appearance Board or the Historic
Preservation Board subject to compliance with Section 4,6.18(B)(14)(vi',4). Parkine
Gara,qes. and a minimum five (5) to maximum ten foot {10') setback for the portion of the
buildin.q from finished grade to twenty-five feet (25') in heieht.
(8) For sites with multiDle buildines, the buildino immediately abuttina the readwav(s) shall
comply with the buildin.q fronta.qe and setbacks in Table 4.4.13-1 and 4.4.13-2.
9~ Buildin~l floors shall be setback in increments of twelve feet (12') to create a vertical
stepped back appearenca.
{10) Buildinq and site desif:ln shall incorporate Crime Prevention Throuoh Environmental
Desi.qn (CPTED) standards to the oreatest extent possible.
(This space intentionally left blank)
31 ORD, NO, 21-04
o
Fi~lure 4.4.13-5 - Buildin~l Frontal;es and Setbacks for Atlantic Avenue or A-t-A in Beach Area
32 ORD. NO. 21-04
Fi;lure 4.4.13-6 - Buildin;I Frontal;es and Setbacks for Atlantic Avenue in Central Core Area
33 ORD. NO. 21-04
FI;lure 4.4.13-7 - Buildin;I Frontal;es and Setbacks for Pineapple Grove Way
34 ORD, NO. 21-04
Fiflure 4.4.13-8 - Buildln;I Fronta~les and Setbacks for NE/SE 5th and 6~ Avenues
35 ORD. NO. 21-04
Figure 4.4.13-9 - Building Frontaaes and Setbacks for Other Roadways
36 ORD. NO. 21-04
Side interior setbacks for all buildin,qs shall be as follows:
(a) Zero feet (0') from the property line if there is vehicular access available
to the rear of any structure, or
Ten feet (10') from the property line where no vehicular access is
available to the rear of any structure. For a side interior lot, a ten foot
(10') setback is required only on one (1) side.
(5) Side Street BuildinR Fronta.qe and Setbacks
('a) Side street setbacks shall be taken from the property line, or if a
dedication is required, from the resultinq property line after dedication.
(13) Side street buildinq fronta.qe and setbacks shall comply with the
applicable roadway requirements in Tables 4.4.13-1 and 4.4.13-2.
For comer lots frontin.q on Atlantic Avenue, Pineapple Grove Way, NE
and SE 5t" Avenues, or NE and SE 6m Avenues the same development
standards that apply on Atlantic Avenue, Pineapple Grove Way, NE and
SE 5"~ Avenue, and NE and SE 6t" Avenue shall apply to the first sixty
(60) feet, taken from the Atlantic Avenue, Pineapple Grove Way, NE
and SE 5tn Avenue, or NE and SE 6t" Avenue property line, or if a
dedication is required, from the resultin.q property line after dedication.
37 ORD. NO. 21-04
SAME DEVELOPMENT
STANDARDS SHALL APPLY
TO TIlE FIRST 60 FT.
PRIMARY R.O.W.
Figure 4.4.13-10 - Corner lots with Atlantic Avenue, Pineapple Grove Way~ NE/SE 5m Avenue or
NE/SE 6th Avenue Frontage
Rear setback for all buildinq floors shall be a minimum of ten feet (10') from
the property line.
Structures Allowed Within Setback
Balconies may encroach a maximum of four feet (4') into the setbacks.
Loggias and Trellises above the .qround floor are allowed to encroach
into the setbacks provided they do not exceed the required buildin.q
setback of the portion of the floor directly below it.
.(~ Roof Eaves may encroach into the setbacks a maximum of four feet
(4').
38 ORD. NO. 21-04
OPEN ~RELUSES AND
LOGGIAS 12 FT. MAX.
BALCONIES 4 FT, MAX.
PROPERTY UNE
Figure 4.4.13-11 - Encroachments
SECTION 10. That Section 4.4.13, "Central Business (CBD) District," Subsection
4.4.13(G), "Supplemental District Regulations," of the Land Development Regulations
of the Code of Ordinances of the City of Delray Beach, Florida, be, and the same is
hereby amended to read as follows:
(G) Supplemental District Regulations: In addition to the supplemental district
regulations as set forth in Article 4.6, except as modified below, the following shall
also apply.
(1) Parking:
(a)
Within that portion of the CBD bounded by Swinton Avenue on the west,
N.E. 1st Street on the north, the Intracoastal Waterway on the east and
S.E. 1st Street on the south, the parking requirements for all non-
residential uses, except restaurants, shall be one space for each 300
square feet or fraction thereof. The parking required for the creation of
new floor area, shall also include the replacement of any previously
required parking which may be eliminated. Within all other geographic
areas of the CBD Zone District, the provisions of Section 4.6.9(C) shall
apply, as further modified within this Subsection (G)(1).
39 ORD. NO. 21-04
(b)
(c)
(d)
(e)
When the parking requirements are applied to either new development,
expansion of an existing use or a change in use, which results in the
requirement of only one new parking space, a one space exemption
shall be allowed. This exemption may only occur once per property.
If it is impossible or inappropriate to provide required parking on-site or
off-site, pursuant to Subsection 4.6.9(E)(4), the in-lieu fee option
provided in Section 4.6.9(E)(3) may be applied.
The parking requirement for restaurants is established at six (6) spaces
per 1,000 square feet of floor area
The parking requirements for residential units in multi-family structures
and mixed-use buildings shall be as follows:
· Efficiency dwelling unit 1.0 space/unit
· One bedroom dwelling unit 1.25 spaces/unit
· Two or more bedroom dwelling unit 1.75 spaces/unit
· Guest parking shall be provided cumulatively
as follows:
- for the first 20 units 0.50 spaces/unit
- for units 21-50 0.30 spaces/unit
- for units 51 and above 0.20 spaces/unit
(2)
Within Townhouse and Townhouse type developments, parking may
be provided in front of garage units provided that such parking does not
result in the space for one unit impeding access to a space of the other
unit.
Location of Guest Parking Spaces: Guest parking spaces must be
accessible to all visitors and guests and may be centrelized or located
near recreational features within a development project.
40 ORD. NO. 21-04
(a)
SECTION 11. That Section 4.4.13, "Central Business (CBD) District," Subsection
4.4.13(I), "Performance Standards," of the Land Development Regulations of the Code
of Ordinances of the City of Delray Beach, Florida, be, and the same is hereby
amended to read as follows:
('r) Performance Standards: These standards shall apply to all applications for new
development and modification of existing developments which would result in a
density greater than thirty (30) dwelling units per acre.
(1)
The maximum permissible density of a particular project will be established
through the conditional use process, based upon the degree to which the
development complies with the performance standards of this section, the
required findings of Section 2.4.5(E), and other applicable standards of the
comprehensive Plan and Land Development Regulations. Notwithstanding
the above, the approving body may deny an application for increased density
where it is determined that the proposed project is not compatible in terms of
building mass and intensity of use with surrounding development.
(2) The applicable performance standards for development under this section
are as follows:
(a)
The development offers variation in design to add interest to the
elevations and relief from the building mass. Fcr .....v.......~....,~" *~'"...v __.._.. ~'' '~'~"".~
$ ........ C." ~.
Building elevations incorporate several of the following elements:
diversity in window and door shapes and locations; features such as
balconies, arches, porches; and design elements such as shutters,
window mullions, quoins, decorative tiles, or similar distinguishing
features.
41 ORD. NO. 21-04
(b)
(c)
(d)
If the building includes a parking garage as an associated structure or
within the principal building, the garage elevation provides unified design
elements with the main building through the use of similar building
materials and color, vertical and horizontal elements, and_architectural
style Thc .~3r ~c '
~ Development of a portion of the ground floor perimeter adjacent
to street rights of way is devoted to window displays or floor area for
active uses such as retail stores, personal and business service
establishments, entertainment, offices, etc., is encouraged.
A number of different unit types, sizes and floor plans are available
within the development. Two and three bedroom units are encouraged,
as are a combination of multi-level units and fiats. In projects consisting
of more than twelve (12) dwelling units, the proportion of efficiency or
studio type units may not exceed 25% of the total units, there is no
maximum percentage established for projects having twelve (12) or
fewer units, however, a mix of unit types and sizes is encouraged.
The project desiqn shall create an overall unified architectural character
and imaRe by the use of common elements between the buildinq(s),
parkin.q lot, and landscapinq. Examples of some features that could be
incorporated to meet this standard are: FreestandinR li.qht poles and
exterior liRht fixtures that are decorative and consistent with the
architectural treatment of the buildin.q(s); pedestrian amenities such as
benches, shaded walkways, and decorative pavement treatment, that
are similar in forms, colors, materials, or details as the architecture of
the buildin.q(s); focal points such as public art, water feature/fountain,
courtyard or public plazas desi.qned to connect different uses alonR a
continuous pedestrian walkway; or a combination of similar features that
meet the intent of this standard.
42 ORD. NO. 21-04
(e)
The development provides common areas and/or amenities for
residents such as swimming pools, exercise rooms, store ge rooms or
Iockem , covemd parking, gardens, courtyards, or similar areas and/or
amenities.
(f)
The development promotes pedestrian movements by providing
convenient access from the msidential units to the public sidewalk
system. Pedestrian areas adjacent to the building am enhanced by
providing additional sidewalk ama at the same level as the abutting
public sidewalk. Accessways to parking areas am designed in a manner
that minimizes conflicts between vehicles and pedestrians. The public
street or stm ets immediately adjacent to the development am enhanced
in a manner that is consistent with the streetscape in the downtown ama
(i.e., installation of landscape nodes, extension of_existing paver block
system, installation of approved street lighting, etc.).
(g)
The development provides opportunities to sham parking, accessways,
driveways, etc., with adjoining properties, or provides additional parking
spaces that may be used by the public.
(h)
Projects fronting on Atlantic Avenue, N.E. 1st Street, or S.E. 1st Street
contain nonresidential uses on the ground floor. Thc
least fifty percent (50%) of the surface area of the front street wall(s) at
the ground floor of each such building is devoted to display windows_and
to entrances to commercial uses from outside the building.
The landscape plan for the development pm serves and incorporates
existin.q native ve.qetation (where available), provides new landscapin,q
that is in excess of minimum standards (in heiqht and quantity),
demonstrates innovative use of plant material, improves site desi,qn,
provides useable open space or public plazas, and maximizes available
areas for pedestrian interaction. If necessary to achieve this standard,
the proiect may exceed the maximum setback ama on the .qround floor.
(3)
It is acknowledged that it may not be possible for projects which involve the
modification of existing structure s to comply with many of the above
refemnced standards. For those types of projects, the ultimate density
should be based upon compliance with those standards which can be
reasonably attained, as well as the project's ability to further the goal of
revitalizing the central business district (i.e., adaptive muse of older structure s
43 ORD. NO. 21-04
and the provision of housing in close proximity to employment opportunities
and services).
SECTION 12. That Section 4.4.24, "Old School Square Histodc Arts (OSSHAD)
District," Subsection 4.4.24(A), "Purpose and Intent," of the Land Development
Regulations of the Code of Ordinances of the City of Delray Beach, Florida, be, and the
same is hereby amended to read as follows:
(A) Purpose and Intent: The Old School Square Historic Arts District (OSSHAD) is a
mixed use distdct which is intended to:
*(1) Provide for mixed uses of residential, office, and commercial activities, with
an emphasis on the arts, that will encourage the restoration or preservation of
historic structures and, yet, maintain and enhance the historic and pedestrian
scale of the area;
'2~ Stimulate greater awareness and pride in the City's architectural heritage,
and create an atmosphere and feeling of "Old Delray Beach";
*(3) Improve the environmental quality and overall livability of this Historic District
and stabilize and improve property value therein, and;
*(4) Allow uses which promote preservation and adaptive reuse of all structures
within the District.
SECTION 13. That Section 4.4.24, "Old School Square Historic Arts (OSSHAD)
District," Subsection 4.4.24(F), "Development Standards," of the Land Development
Regulations of the Code of Ordinances of the City of Delray Beach, Florida, be, and the
same is hereby amended to read as follows:
(F) Development Standards: The development standards as set forth, for the
OSSHAD District, in Section 4.3.4 apply, except for:
(1) The following locations shall be subject to the development standards of the
CBD Zone District:
(e-) (a) Lots 1- 7 and 19-24, Block 69
(.d) (b) Lots 7- 8, Block 75
(e-) (c) Lots 1- 6, Block 76
(2) The followin,q locations shall be subject to the development standards of the
GC Zone District:
44 ORD. NO. 21-04
Lots 13-16, Block 60
Lots 1- 4, Block 61
(2),/3)Parcels located along N.E. 1st Avenue between N.E. 2nd Street and N.E. 3rd
Street (Banker's Row) shall comply with either provisions of Section 4.3.4 or
provisions of the Banker's Row Development Plan, whichever is more
permissive.
SECTION 14. That Section 4.4.28, "Central Business District - Railroad Corridor (CBD-
RC) District," Subsection 4.4.28(F), "Development Standards," of the Land
Development Regulations of the Code of Ordinances of the City of Delray Beach,
Florida, be, and the same is hereby amended to read as follows:
(F) Development Standards: The development standards set forth in Section 4.3.4~
and the development standards of Section 4.4.13(F) shall apply, except as
modified below:
(1) Open Space. A minimum of ten percent (10%) non-vehicular open space
shall be provided.
SECTION 15. That Section 4.6.4 "Special District Boundary Treatment," Subsection
4.6.4(A), "Commercial Zoning adjacent to Residential Zoning," of the Land
Development Regulations of the Code of Ordinances of the City of Delray Beach,
Florida, be and the same is hereby amended to read as follows:
Section 4.6.4 Special District Boundary Treatment: The following special district
boundary treatments are to be minimums. If other treatments are required, the
requirements which provide for the greatest separation and most buffering shall apply.
(A) Commercial Zoning Adjacent to Residential Zoning or ZoninR Districts with a
Thirty-five (35) Foot Height Limitation:
(1)
Properties subiect to the development standards of the Central Business
District (CBD) or General Commercial (GC) District within the West Atlantic
Neiqhborhood (WAN) shall comply with the followinq:
Where the rear or side of a property directly abuts a zonin.q district
with a hei.qht limitation of thirty-five feet (35') without any division or
separation between them of thirty feet (30') or more, such as a street,
45 ORD. NO. 21-04
alley, railroad, waterway, park, or other public open space, the
followinR shall apply:
(i)
For buildinqs or portion of the buildin,qs thirty-seven feet (37') or
less in heiqht, a ten foot (10') minimum buildinq setback from thP,
property line shall be provided.
For buildinRs above thirty-seven feet (37') in hei.qht, a twenty-two
foot (22') minimum buildinR setback from the property line shall
be provided for the portion of the buildinq that is over thirty-seven
feet (37') in heiqht.
A solid finished masonry wall six feet in hei.qht, or a continuous
hed.qe at least 4-1/2 feet in hei.qht at the time of installation, shall
be located inside and adjacent to the portion of the boundary line
of the commemially zoned property which directly abuts the
residentially zoned property. If a wall is used, it shall have only
those openin.qs as required by other city codes to meet hurricane
or severe storm construction standards. No walkways or other
pedestrian ways shall be located throu.qh the wall or hedRe.
All other commercially zoned properties shall comply with the followin.q:
(-1-)(a) Where the rear or side of commercially zoned property directly abuts
residentially zoned property without any division or separation between
them, such as a street, alley, railroad, waterway, park, or other public
open space, the commercially zoned property shall provide a ten-foot
building setback from the property line located adjacent to the
residentially zoned property. In addition, either a solid finished
masonry wall six feet in height, or a continuous hedge at least 4-1/2
feet in height at the time of installation, shall be located inside and
adjacent to the portion of the boundary line of the commercially zoned
property which directly abuts the residentially zoned property. If a wall
is used, it shall have only those openings as required by other city
codes to meet hurricane or severe storm construction standards. No
walkways or other pedestrian ways shall be located through the wall or
hedge.
Where the rear or side of commercially zoned property does not
directly abut residentially zoned property but is separated from it by an
alley, the commercially zoned property shall provide a ten-foot building
setback from the property line located adjacent to the separator.
46 ORD. NO. 21-04
SECTION 16. That Section 4.6.18, "Amhitectural Elevations and Aesthetics," of the
Land Development Regulations of the Code of Ordinances of the City of Delray Beach,
Florida, be, and the same is hereby amended to read as follows:
(A) Minimum Requirements:
(1) The requirements contained in this Section are minimum aesthetic standards
for all site development, buildings, structures, or alterations except for single
family development.
(2) It is required that all site development, structures, buildings, or alterations to
same, show proper design concepts, express honest design construction,
and be appropriate to surroundings.
(B) Building and Structure Requirements:
(1)
Buildings or structures which are a part of a present or future group or
complex shall have a unity of character and design. The relationship of forms
and the use, texture, and color of materials shall be such as to create a
harmonious whole. When the area involved forms an integral part of, is
immediately adjacent to, or otherwise clearly affects the future of any
established section of the City, the design, scale and location on the site shall
enhance rather than detract from the character, value, and attractiveness of
the surroundings.
(2)
Buildings or structures located along strips of land or on single sites, and not
a part of a unified multi-building complex, shall strive to achieve visual
harmony with the surroundings. If they are built in undeveloped areas, the
three primary requirements shall be met: express honest design
construction, show proper design concepts, and be appropriate to the City.
(3)
All facades visible to public or adjacent property shall be designed to create a
harmonious whole. Materials shall express their function cleady and not
appear as a material foreign to the rest of the building.
(4)
To be harmonious, it is not to be inferred that buildings must look alike or be
of the same style. Harmony can be achieved through the proper
consideration of scale, proportion, site planning, landscaping, materials, and
color.
(5)
Look-alike buildings are not allowed unless, in the opinion of the Site Plan
Review and Appearance Board or the Historic Preservation Board., there is
sufficient separation to preserve the aesthetic character of the present of
47 ORD. NO, 21-04
evolving neighborhood. This is not to be construed to prohibit duplication of
floor plans and exterior treatment in a planned development where, in the
opinion of the Board, the aesthetics of the development depend upon, or are
enhanced by the look-alike buildings and their relationship to each other.
(6)
Buildings, which are of symbolic design for reasons of advertising, unless
otherwise compatible with the criteria herein, will not be approved by this
Board. Symbols attached to buildings will not be allowed unless they are
secondary in appearance to the building and landscape and are an aesthetic
asset to the building project and neighborhood.
(7)
Exterior lighting may be used to illuminate a building and its grounds for
safety purposes, but in an aesthetic manner. Lighting is not to be used as a
form of advertising in a manner that is not compatible to the neighborhood or
in a manner that draws considerably more attention to the building or grounds
at night than in the day. Lighting following the form of the building or part of
the building will not be allowed if, in the opinion of the Board, the overall
effect will be garish or detrimental to the environment. All fixtures used in
exterior lighting are to be selected for functional aesthetic value.
(8) Building sud'aces, walls, and roofs that are considered garish by the Board
will be denied approval.
(9)
"Take-out" or "pick-up" windows or doors cf ;et=il cr '::hc!csclc
................. c shall not be located on a building facade that faces a public
right-of-way, unless they are designed in a manner as to be an aesthetic
asset to the building and neighborhood.
(10) All exterior forms, attached or not to buildings, shall be in conformity to, and
secondary to, the building. They shall be an asset to the aesthetics of the
site and to the neighborhood.
(11) All telephones, vending machines, or any facilities dispensing merchandise,
or a service on private property, shall be confined to a space built into the
building or buildings or enclosed in a separate structure compatible with the
main building.
(12) Gasoline Stations:
(a)
Symbolic color of the exterior facades or roofs may not be used unless
they are harmonious with the atmosphere of the neighborhood and the
city.
48 ORD. NO. 21-04
(b)
Exterior display of goods for sale or displays designating a service will
not be allowed, except that a display of goods and tools of a service may
be displayed on the pump island, provided the island is not considered
by the Site Plan Review and Appearance Board or Historic Preservation
Board to be enlarged to take advantage of this provision, and provided
the goods and tools be such that they can be used or installed at the
island. For example: An oil rack is acceptable, but a tire display is not.
(13) Outbuildings and Shopping Centers:
(a) Rule: Outbuildings within a shopping center shall be compatible in
terms of color, materials, and architectural style.
(b)
Procedure: The Site Plan Review and Appearance Board shall make a
finding of such compatibility prior to approval of outbuilding elevations.
If the Board determines that there is not compatibility with respect to any
of the items, then it shall deny the elevations. However, if the Board
feels, despite the incompatibility, the elevations should be approved they
shall forward the elevations to the City Commission with a
recommendation of approval and the City Commission shall take final
action.
(14)
49 ORD. NO. 21-04
Buildings within the Downtown Area: These additional criteria shall be
applicable to buildinqs located within the CBD and those areas within the GC
within the West Atlantic Neiqhborhood (WAN), O$SHAD, CBD-RC zonin.q
districts. In case of conflict, the more restrictive requlation shall apply. All
buildinqs shall comply with the followinq requirements:
Roofs and Gutters:
1_) Roof eaves above pedestrian walkways must be .quttered to
promote a pedestrian friendly environment.
2) Roofs and .Clutters must be built of durable materials and
inteqrated into the amhitectural desi.qn of the buildin.q.
Flat roofs shall be screened from adjacent properties and
streets with decorative parapets. The maximum heiqht of the
parapet wall shall be six feet (6') in hei.qht or sufficient heiqht
to screen all roof mounted equipment, whichever is qreater,
measured from the top of the roof deck to the top of the
parapet wall. Exception to the hei.qht requirements shall be
pursuant to Section 4.3.4(J).
Roof mounted electrical, mechanical, air conditioninq, and
communication equipment shall be completely screened from
adjacent properties and streets. A siqht line study with the
followinR information shall be submitted to Site Plan Review
and Appearance Board for approval:
A two-dimensional cross section, at a minimum scale of
1:100, of the site showin.q the buildin.q with the equipment
screeninq in relation to the adiacent properties or public
street.
Graphic illustration showinR that the equipment is not
visible within a 200 foot radius. The radius shall be
measured from the exterior side of the screen to a point
ten feet (10') above finished .qrade.
5) Prohibitions:
a) Flat asohalt shin(31es.
Plastic .Clutters.
50 ORD. NO. 21-04
(ii)
Walls:
1) Materials:
There shall be a maximum of two (2) primary materials,
excluding windows, doors, accents and trims. These
materials shall be appropriate to the buildin.q style and
shall be consistent on all sides of the buildinq. The
materials shall be complementary and create visual
interest, such as shadow and depth, to the buildin.q walls.
Materials used to simulate other materials shall count as
separate materials provided there is a change in texture,
color, and pattern of the finish.
Materials or patterns not expressly prohibited may be
used if the overall effect is complementary to the overall
architectural character and context of the adjacent
properties.
Metal curtain walls shall be limited to 30% of the total
buildinq exterior elevation.
Small setbacks or indentations, a minimum depth of eiqht
inches (8"), shall be incorporated into a minimum 30% of
all buildin.q facades without any windows and doors.
e) Prohibitions:
i.) Prefabricated and pre-en.qineered metal wall
panels.
Metal curtain wall systems with 100% Rlass and
metal combination.
Chain link fences are prohibited except within sites
containin.q outdoor recreation uses or facilities such
as baseball, tennis, racquetball, etc. in which case
they must be appropriately screened with
landscapinq pursuant to Section 4.6.16.
Accessory structures such as perimeter fences and walls,
enclosures used for the screenin.q of mechanical and electrical
51 ORD. NO. 21-04
equipment, ioadinq and service areas, and/or dumpster and
recyclin.q areas shall be consistent with the amhitectural
treatment of the principal buildinq.
3) Treatment of blank walls:
Where blank walls are unavoidable due to the
b)
requirements of a particular land use or structural needs,
they shall not exceed a len.qth of fifty feet (50'), or twenty
percent (20%) of the lenqth of the buildin.q facin.q the
street, whichever is less.
Blank wall sections of allowed lenqths shall receive one
(1) or more of the followin.q special desiqn treatments in
order to increase pedestrian comfort or create visual
interest:
i) Vertical trellis in front of the wall with climbin.q vines
or other plant materials over at least 30% of the
blank wall surface.
Control and expansion joints used in a decorative
pattern with varied materials or textures and spaced
a maximum of ten feet (10') on center. Relief and
reveal depth, if used in a pattern, shall be a
minimum of three-quarter (3/4) inch and shall be a
minimum of 30% percent of the blank wall surface.
Small setbacks, projections, or indentations with a
minimum depth of eiqht inches (8"), or intervals of
material chan.qe to break up the wall's surface.
iv) Additional architectural details such as pilasters,
medallions, decorative panels or castinRs,
decorative accent tiles, Iouvered vents, or public art
shall be inte.qrated on any exterior wall to avoid a
blank wall appearance.
(iii) Arcades, Porches, Trellises, LoR.qias and Balconies:
1) Materials:
52 ORD. NO. 21-04
BuildinR materials shall be compatible with the
architectural treatment of the principal buildin.q.
Exterior walls or vertical surfaces shall not exceed 85%
of the len.qth of the arcade, porch, Ioq.qia, or balcony.
Columns and posts:
The spacinq between columns shall have a heiqht to
width or width to hei.qht ratio of 1:1,2:1, 2:3, 3:1 or 5:1 or
a proportion that will emphasize the buildinR's vertical or
horizontal articulation or rhythm and incremental
appearance. The maximum spacin.q between columns,
from centerline to centerline shall be twenty-four feet
(24').
Structural columns or posts shall be a minimum of twelve
inches (12") in width or depth. Decorative posts or
columns with or without a lateral attachment, such as
railin.qs, beams, trellis, or lattice, shall be a minimum four
inches (4") in size, width, or depth.
c_.)Arches over columns that are part of an arcade shall
have no less than twelve inches (12") in depth.
(iv) Windows and Doors:
1) Window and door shutters and decorative tdms and moldin.qs
shall be sized to match the dimensions of the wall openin.qs.
The minimum transparency or .qlass surface area on the
.qround floor wall area of all non-residential buildinqs, shall be
a minimum of 75% of the walt area for that elevation. All
storefronts or .qlass areas abuttin.q the street shall be
transparent, non-solar or non-mirrored, and have a liqht
transmission reduction of no more than twenty percent (20%).
Garaqe doors, entrances and exits with street fronta.qe shall
be desi.qned to have a decorative appearance consistent with
the overall architectural composition of the project.
All public entdes, excludinR emerRency exits, shall be easily
identifiable and inte.qrated into the buildinq architecture. Each
53 ORD. NO. 21-04
freestandin.q principal structure shall have a minimum of one
clearly defined primary public entrance feature.
5_) Prohibitions:
a) Security bars on storefronts or display windows.
Back lit canopies or awnings, neon or fluorescent
li.qhtin.q, unless incorporated into the architectural
concept of the project or public artwork and approved by
the Site Plan Review and Appearance Board or the
Historic Preservation Board. An example of this may be a
desi.qn element associated with an Art Deco project.
(v) Miscellaneous:
A chan.qe in roof design, doors and window rhythm and
articulation, and buildin.q materials or textures shall be
required every 150 feet alonq a buildinq's street fronta.qe.
Minimum spacin.q between the same architectural composition
shall be 300 feet.
A maximum of four (4) base wall colors shall be used for each
building, except as required for artworks as approved by the
Site Plan Review and Appearance Board or Historic
Preservation Board.
Miscellaneous free standin.q, wall or .qround mounted
appurtenances such as electrical and .qas meters,
dumpster/recyclin.q, trash compactors, .qas tanks, air
conditionin.q and communication equipment shall be enclosed
or screened and inteqrated into the buildin.q's architectural
treatment. The appurtenances shall also be prohibited within
the front yards.
Pedestrian amenities shall be inte.qrated into the overall
project desi.qn. These features shall be designed as a focal
point of a buildin.q, within a public plaza, or to facilitate
pedestrian movement from a more intensive land use such as
a retail use to a less intensive land use such as an office use.
Similar architectural treatment shall be provided on all sides of
the buildinq.
54 ORD. NO. 21-04
6) Cross-ventilation, enerqy efficiency, and qreen buildin,q desiqn
shall be considered for all projects.
(vi)
Parkinq qaraRes: Above .qround parkinq Rara.qes shall comply with
the architectural requirements of this Section and the followin,q
additional requirements:
Ramps shall be visually screened from streets and adiacent
residential zoninq districts and oriented towards the interior of
the lot within a project where possible. Ramp profiles shall be
hidden on the exterior elevations,
Roof top parkinq shall be visually screened with articulated
parapet walls or other architectural treatment acceptable to
the Site Plan Review and Appearance Board. Exterior li.qhtin,q
shall utilize fixtures provided with cut-off shieldinq in order to
eliminate qlare and spillaqe onto adiacent properties and
roadways.
3) The openin.qs of the .qaraqe shall be desi.qned in a manner
that obscures parked vehicles. Decorative architectural
elements on the ,qround floor level shall be desi.qned to
accommodate the pedestrian scale. Parkinq levels above the
qround floor shall maintain the same vertical and horizontal
articulation or rhythm and incremental appearance established
on the qround floor.
Due to the requirements of a particular land use or structural
needs, parkin,q Rara.qes or the qaraRe portion of the buildinq
may request an increase from the buildinq frontaRe
requirements (to a maximum of 100% for all floors) or a waiver
from the setback requirements of Section 4.4.9(F)(2)(c) and
Section 4.4.13(F)(3) (for portions of the buildin.q above twenty-
five feet) subiect to compliance with the followin.q
requirements:
The aaraae or the Rara.qe portion of the buildin.q
elevation provides unified desi,qn elements with the main
buildin.q throuRh the use of similar materials and color,
vertical and horizontal elements, and architectural style.
55 ORD. NO. 21-04
A minimum 50% of the .qround floor perimeter of the
.qaraqe or the .qaraRe portion of the buildin.q adjacent to
street ri.qht-of-ways shall be devoted to window displays
or floor area for active uses such as retail stores,
personal and business service establishments,
entertainment, offices, etc .... This number may be
reduced by the Site Plan Review and Appearance Board
or the Historic Preservation Board.
c_.) Amhitectural features shall be incorporated into the
facade to miti.qate the buildinq's mass and bulk and
alon,q portions of the buildinq adjacent to street riqht-of-
ways.
(vii)
In addition to the requirements of this Section, buildin,qs within the
Pineapple Grove Main Street Neiqhborhood shall comply with the
Desi.qn Guidelines contained within the Pineapple Grove Main
Street Nei,qhborhood Plan. The Pineapple Grove Desiqn Review
Committee shall review the proiect for compliance with the
Pineapple Grove Nei.qhborhood Plan prior to action by the Site
Plan Review and Appearance Board and the Historical
Preservation Board.
(c)
Exterior Space: The scale of exterior space is to be relative to its neighborhood,
adjacent properties, buildings, access (reads and pedestrian routes), and its
activity. Building facades enclosing a space must be harmonious. Where,
because of their use or age, like facades are not possible, consideration should be
given to unifying the walls of the space by the application of landscaping, or man-
made objects of like design, at modular spacing. The floor of a space is of primary
importance. Its materials, texture, and color, contour, and shadow on it are to be
considered, not only in relation to the space, but to its setting. Careful
consideration shall be given to the preservation of natural vistas and to the future
development of vistas which open into undeveloped areas.
(D) Parking Lots and Vehicular Use Areas:
Parking lots and other vehicular use areas are to be designed as an aesthetic
asset to a neighborhood and to the building, group of buildings, or facility they
serve. A parking lot is to be considered an outside, transitional space which
is located between the access (such as roads) and the building, group of
buildings, or other outside spaces, which it serves. The parking lot, because
it is viewed from above as well as at eye level, should be designed
accordingly.
56 ORD. NO. 21-04
(E)
(2)
Parking lots, vehicular use areas, and their parked vehicles are to be
effectively screened from the public view and from adjacent property in a
manner that is attractive and compatible with safety, the neighborhood, and
facilities served.
(3)
The atmosphere within the parking lot and vehicular use area is to be park-
like, rather than the harsh hardstand of paving. Trees are of primary
importance in the landscape. They are not to be minimized in either height or
quantity. The tree imparts, especially in a relatively fiat area, a sense of
three-dimensional space. It casts shadows that reduce the monotony of the
expanse of paving and creates a refuge from the tropical sun. Signs
designating entrances, exits, and regulations are to be of a tasteful design
and subject to review by the Site Plan Review and Appearance Board or the
Historic Preservation Board. The pavement is to be more than wall-to-wall
asphalt.
(4)
It is recommended that pavement be varied in texture or color designating
lanes for automobile traffic, pedestrian walks, and parking spaces. Bright-
colored pavement is to be used only with restraint. In order to create a
pleasant atmosphere, it is recommended that consideration be given to
sculpture, fountains, gardens, pools, and benches. Design emphasis is to be
given to the entrances and exits to the lot. Trash, refuse, and unaesthetic
storage and mechanical equipment should be screened from the parking lot.
(5)
Lighting is to be designed not only from the standpoint of safety and
resistance to vandalism, but for visual effect. It should avoid any annoyance
to the neighbors from brightness or glare. It should not impart a prison-like
atmosphere. Low lights of a modest scale can be used along with feature
lighting emphasizing plants, trees, barriers, entrances, and exits. The fixtures
are to be selected not only for their functional value, but for their aesthetic
qualities. They are to be considered furniture of the parking lot visible both
day and night.
Criteria for Board Action: The following criterfa shall be considered, by the Site
Plan Review and Appearance Board or Historic Preservation Board, in the review
of plans for building permits.
If the following cdteda are not met, the application shall be disapproved.
{a-) The plan or the proposed structure is in conformity with good taste,
good design, and in general, cont#butes to the image of the City as a place of
beauty, spaciousness, harmony, taste, fitness, broad vistas, and high quality.
57 ORD. NO. 21-04
(2)
{-b) The proposed structure, or project, is in its exterior design and
appearance of quality such as not to cause the nature of the local
environment or evolving environment to materially depreciate in appearance
and value.
(3)
{-~ The proposed structure, or project, is in harmony with the proposed
developments in the general area, with the Comprehensive Plan, and with the
supplemental criteria which may be set forth for the Board from time to time.
(4.6.18 (B)(14))
SECTION 17. That "Appendix A - Definitions" of the Land Development Regulations of
the Code of Ordinances of the City of Delray Beach, Florida, be, and the same is
hereby modified as follows and re-alphabetized:
Accent]trim. An architectural element such as moldinqs, stucco bandin.q, tile inset,
medallions, pilasters, vents and louvers, etc. that is used to emphasize or supplement
the architectural composition of a building.
Arcade A covered walk with mixed-uses, residential, or non-residential uses on one
side and a line of amhes or colonnades raised on columns or piers on the other side.
For the purposes of this Code, a street is usually located adjacent to the side of the
arcade which contains the line of amhes or colonnades.
Architectural Composition The scale, heiqht, mass, proportion, color, form, style,
detail, treatment, texture, construction material, and roof desi.qn of a project or buildin.q.
Articulated Parapet A parapet with heiqht variations and decorative architectural
treatment.
Balcony A projectinq platform on a buildin.q, sometimes supported from below,
sometimes cantilevered; enclosed with a railin.q or balustrade.
Blank Walls Any wall or portion of a wall twenty (20) or more feet in lenqth that is
visible to the public and is without windows, doors, wall openin.qs, or other architectural
treatments.
Building Frontage
(a) The buildin.q frontaqe for an intedor lot is the portion of the lot abutting the primary
street minus the required side setbacks.
58 ORD. NO. 21-04
The building frontaqe for the pdmary street side of a corner lot is the portion of th~.
lot abuttinq the primary street minus the required side setbacks.
The buildinq frontaqe for the secondary street side of a corner lot is the portion of
the lot abutting the secondary street minus the required front and rear setbacks.
(d) Buildinq frontage is expressed in percentages and may vary from floor to floor.
Compatible/compatibility Desiqn which utilizes accepted site planning (e.,q. buildin,q
placement orientation and siting) and the elements of amhitectural composition within
the context of the surrounding area. Similar adjacent land uses or square footage shall
not necessarily constitute architectural compatibility.
ComplementJcomplementary Havin.q similar architectural composition.
Loaaia An arcade that is roofed but open alonq the front or side of a buildinq, and
often on an upper level
Liner Building A building, minimum twenty foot (20') in depth, taken from the buildinq
frontage line to the rear of the buildinq, with a storefront or a nonresidential use alon.q
the street. These buildinqs also are used to hide the ground floor of parking garacles or
blank buildinq walls, restore gaps in the streetscape between buildin.qs, or create new
mixed-use spaces in small increments of development. When done in continuous
sections, these buildings can provide continuous street frontaqes. Typically, a liner
building footprint is not deeper than one row of parking spaces.
Live/work A space which contains a residential unit and a nonresidential use with a
common entrance. The occupant of the residential unit must be the proprietor or owner
of the business that occupies the nonresidential portion of the building. For buildinqs
with more than one story, the residential unit shall be accessed from the nonresidential
portion of the buildinq by a common stair or elevator. The residential unit shall bP,
limited to a maximum of 1,500 square feet.
Metal curtain wall An exterior buildin.q wail which carries no roof or floor loads and
consists entirely or principally of metal, or a combination of metal and glass, and other
surfacinq materials supported by a metal framework.
Street A strip of land, owned privately or publicly, which affords legal access to
abuttinq land and is designated for vehicular traffic. "Street" includes road,
thoroughfare, parkway, avenue, boulevard, expressway, lane, throu.qhway, place, and
square or however otherwise designated. Streets are further classified according to thP,
function they perform.
59 ORD. NO. 21-04
Public Plaza A portion of land which is available to the public for respite, civic or
assembly uses. Seatin.q or dininq area for a tenant shall not be counted as part of the
public plaza. Public plazas must have a minimum size of 150 square feet in area and A
minimum lenqth or width of ten feet (10') may and may include impervious surfaces
such as concrete, pavers, brick, or other decorative surface treatment.
SECTION 18. SEVERABILITY: That should any section or prevision of this ordinance
or any portion thereof, any paragraph, sentence, or word be declared by a curt of
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 19. REPEAL OF LAWS IN CONFLICT: That all ordinances or parts of
ordinances in conflict herewith be, and the same are hereby repealed.
SECTION 20. CAPTIONS: The captions, section headings, and section designations
used in this ordinance are intended for the convenience of users only and shall have no
effect in the interpretation of the previsions of this ordinance.
SECTION 21. INCLUSION IN THE LAND DEVELOPMENT REGULATIONS: The
prevision of this ordinance shall become and be made a part of the Land Development
Regulations of Delray Beach, Florida. The Sections of the ordinance may be
renumbered or re-lettered to accomplish such, and the word "ordinance" may be
changed to "section," "article," or any other appropriate word.
SECTION 22. EFFECTIVE DATE: The previsions of this ordinance shall become
effective thirty (30) days after the ordinance is adopted by the City Commission.
60 ORD. NO. 21-04
PASSED AND ADOPTED
~ day of~_~
ATTEST:
City Clerk
in
regular session on second and final reading on this the
,2004.
First Reading
Second Reading<:~,~u~ZS~
61 ORD. NO. 21-04
MEMORANDUM
TO:
FROM:
SUBJECT:
MAYOR AND CITY COMMISSIONERS
CITY MANAGER ~
AGENDA ITEM $$ 10 ~
- REGULAR MEETING OF MAY 4. 2004
ORDINANCE NO. 21-04 (AMENDMENT TO THE LAND DEVELOPMENT
REGULATIONS TO PROVIDE DESIGN GUIDELINES TO IMPLEMENT THE
DOWNTOWN DELRAY BEACH MASTER PLAN)
DATE:
APRIL 30, 2004
This is second reading and second public heating for Ordinance No. 21-04 mending the Land
Development Regulations to provide design guidelines to implement the Downtown Dekay Beach Master
Plan.
At the March 19, 2002 City Commission meeting, the Downtown Dekay Beach Master Plan was adopted to
guide future development of the downtown business distdcts surrounding the Atlantic Avenue corridor,
between 1-95 and A-1-A. The adopted Downtown Delray Beach Master Plan calls for the development and
implementation of design guidelines for the downtown area to ensure building forms of a character and
scale that reinforce the citizens' vision of a "City of urban amenities with a small town feeling". Other
objectives include creating pedestrian friendly streets, promoting areas of special character, and preserving
heritage in the development process.
The downtown business area is divided into three districts, the West Atlantic Neighborhood, from
Interstate 95 to Swinton Avenue; the Central Core District, from Swinton Avenue to the Intracoastal
Wate~vay; and the Beach District, east of the Intracoastal Watenvay to A-1-A. The proposed regulations
are intended to preserve the unique characteristics of each area, ensure that new development is compatible
with its surroundings and enhances the appearance of the streetscape in the community. They are also
intended to mitigate the mass/scale and monolithic appearance of large buildings, and ensure that the new
development incorporates architectural features that provide visual interest while allowing design flexibility.
The Planning and Zoning Board held a public hearing regarding this item. There was a member of the
public that had no obiections to the amendment, but recommended some grammatical changes to the
ordinance and questioned why public parking garages did not have to comply with the same standards as
private parking garages. The Board voted 5-0 to recommend approval of the proposed amendments, based
upon positive findings with respect to Land Development Regulations Section 2.4.5(M) (Amendment to
Land Development Regulations), with direction to make changes noted during the discussion and that the
requirements for garages be revisited. Revisions have been made to the overall ordinance as well as the
parking garage section to allow a waiver to the setback requirements for the portion of the structure above
25' in height, due to requirements of the particubr land use or structural needs.
At the first reading on April 20, 2004, the Commission passed Ordinance No. 21-04.
Recommend approval of Ordinance No. 21-04 on second and final reading.
&\City Clerk\ag~da memoa. Orfl 21-04.De~gn Guidelines.05.04.04
MEETING OF:
AGENDA ITEM:
MARCH 22, 2004
III.A. DOWNTOWN DELRAY BEACH DESIGN GUIDELINES-
LAND DEVELOPMENT REGULATIONS
The item before the Board is that of making a recommendation to the City Commission
regarding amendments to the Land Development Regulations relating to the proposed
Downtown Delray Beach Design Guidelines, pursuant to LDR Section 2.4.5(M)(5).
At its meeting of Mamh 19, 2002, the City Commission adopted the Downtown Delray
Beach Master Plan, to guide future development of the downtown business districts
surrounding the Atlantic Avenue corridor, between 1-95 and A-1-A. The adopted Downtown
Delray Beach Master Plan calls for the development and implementation of design
guidelines for the downtown area to ensure building forms of a character and scale that
reinforce the citizens' vision of a "City of urban amenities with a small town feeling". Other
objectives include creating pedestrian friendly streets, promoting areas of special
character, and preserving heritage in the development process.
The downtown business area is divided into three districts, the West Atlantic
Neighborhood, from Interstate 95 to Swinton Avenue; the Central Core District, from
Swinton Avenue to the Intracoastal Waterway; and the Beach District, east of the
Intracoastal Waterway to A-1-A. The proposed regulations are intended to preserve the
unique characteristics of each area, ensure that new development is compatible with its
surroundings, and enhances the appearance of the streetscape in the community. They
are also intended to mitigate the mass/scale and monolithic appearance of large buildings,
and ensure that new development incorporates architectural features that provide visual
interest while allowing design flexibility. Affected Sections of the LDRs primarily include
the regulations within the GC, CBD, CBD-RC, and OSSHAD zoning districts. Due to the
complexity of the new concepts being introduced, graphic illustrations, tables and charts
will be incorporated with the required text to produce a user-friendly document.
The proposed ordinance was developed by consultants Jaime Correa & Associates, the
Design Guidelines Subcommittee, community and industry stakeholders, and staff.
It is noted the City is initiating a Future Land Use Map amendment and Rezoning of the
West Atlantic Neighborhood from GC to CBD zoning, to be consistent with the zoning of
the balance of the downtown business district. Once this occurs the proposed regulations
III.A.
P&Z Board Memorandum Staff Report
Downtown Delray Beach Design Guidelines - LDR Text Amendment
Page 2
relating to the West Atlantic Neighborhood, currently proposed as modifications to the GC
district, will be incorporated into the CBD regulations. As the FLUM amendment and
Rezoning process will take approximately 6 months, it is appropriate to proceed with the
LDR amendments at this time to ensure that development is consistent with the new
development standards/design guidelines in the interim.
REQUIRED FINDINGS
LDR Section 2.4.5(M)(5) (Findin.qs): 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.
A review of the goals, objectives and policies of the adopted Comprehensive Plan were
conducted and the following applicable policy is noted:
Future Land Use Element Policy C-4.2 The "Downtown Delray Beach Master Plan" was
adopted by the City Commission on March 19, 2002. Covering the downtown business
districts surrounding the Atlantic Avenue corridor between 1-95 and A-l-A, it represents the
citizens' vision for the growth and unification of Delray Beach, while still retaining the
"village like, community by-the-sea" character of the CBD. The Plan addresses a wide
range of issues including infill development, neighborhood parks, shared parking, public
art, the roadway and alleyway systems, marketing/economic development, and the need
to modify the Land Development Regulations to include design guidelines to retain the
character of Delray Beach. Future development and redevelopment in this area shall be
consistent with the Master Plan.
Based upon the above, the proposed LDR amendments will further the Goals, Objectives,
and Policies of the Comprehensive Plan in accordance with LDR Section 2.4.5(M)(5).
The proposed ordinance was reviewed by a variety of agencies, boards and civic
associations. The following are responses to comments and suggestions made through
the process. The first four items are comments made by Pineapple Grove Main Street
(See attached letter) as well as some other stakeholders.
Allow Only an Increase in Density or He~qht within a Pro~ects
Some of the stakeholders commented that an applicant should only be able to apply
for an increase in density (above 30 units per acre) or an increase in height (above 48
feet), not both within the same project. They felt that if a project maximizes both height
and density, it could be detrimental to the "Village by the Sea" character.
Increases in height to 60' are only allowed as a conditional use and are limited to the
Commercial Core area. One of the criteria to allow an increase in height is that the
increase is to accommodate residential units. The exceptions to the height limitations
along with the criteria were in existence prior to the adoption of Visions 2000
P&Z Board Memorandum Staff Report
Downtown Delray Beach Design Guidelines - LDR Text Amendment
Page 3
Assembly and the Comprehensive Plan in which the slogan was first used. The
adopted Comprehensive Plan includes policies that specifically address the need for
housing in the downtown area. This is an incentive that should be retained to promote
quality downtown housing and to allow design flexibility. As the increase requires
conditional use approval, there is additional scrutiny of the proposal. Also, the
proposed regulations require increased setbacks for the portion of the building that
exceeds 60' in height, similar to the current regulations.
2. Building He~qht Increase to Accommodate a Varied Roofline
Some stakeholders feel that maximum building height should be based on the number
of stories not overall height. They felt height should be defined in another manner such
as defining the height based on maximum floor heights and number of stories, without
an overall external height and conditional use approvals.
Staff has concerns and is not supportive of redefining the method of calculation for the
height. Currently, the height of gable, hip, or gambrel roofs are currently measured to
the mean level, between the eaves and the ridge. Measuring the height with the
suggested methods (internally or to the eave of a pitched roof) means increasing the
current maximum 48' building height limitation.
The proposed regulations require minimum floor height of 10' on the ground floor with
all other floors at a minimum of 9'. Given the minimum floor separation, the building
will be limited to four floors. In addition, the new regulations require increased
setbacks with increases in height. This varies depending on the district and the type
of street the property fronts. Also, appurtenances usually required to be placed above
the roof level of the building and not intended for human occupancy are currently
allowed to exceed the height limitations only when specifically approved by SPRAB
(Site Plan Review and Appearance Board). Increases in height are currently allowed
as a conditional use within the proposed Central core area subject to the criteria in
LDR section 4.3.4(J)(4). If the method of calculating height is modified, then additional
requirements would need to be implemented which relate to proportionality of the roof
to the building, limitations on slope, requirements to provide additional variations in the
roofs. Based upon the above, no changes are recommended.
3. Elimination of Interior Building Des~qn Requirements from the Proposed Ordinance
Some stakeholders suggested that interior treatment should not be considered in the
proposed ordinance since they are not visible to the public. These items are
contained in the existing performance standards and pertain to residential projects
seeking additional density. The intent is to provide evidence that the additional density
request would not result in a substandard development. Thus, no changes are
recommended.
4. Architectural Requirements should be Guidelines Not Prescribed in an Ordinance
The design professionals feel the guidelines will limit the creativity of the design
professionals. The intent of the guidelines is to encourage more attention to the
architectural compatibility of a building with respect to its surrounding environment.
P&Z Board Memorandum Staff Report
Downtown Delray Beach Design Guidelines - LDR Text Amendment
Page 4
The guidelines are established to facilitate the design process and should not prevent
an applicant from exceeding minimum requirements. In addition, the development
community will have more predictability and consistency than imposed amhitectural
conditions of approval or the decisions made by the approving body due to term limits
of Board members.
The proposed ordinance contains a range of options from which to choose and
provides for measurable regulations in addressing a building's bulk, mass, and
architectural composition.
Unlike other architectural standards, the guidelines must accommodate the City's
architectural diversity and culture. The intent of the regulations is to create visual
interest and does not dictate style to the design professionals. In addition, site design
elements such as pedestrian amenities and walkways are used to provide a more
pedestrian friendly atmosphere.
The design professionals suggested that the architectural standards be generalized or
removed from the ordinance and incorporated in a supplemental illustrated "design
guidelines" booklet. The scope of services for the project has already been revised to
include a supplemental brochure as part of the deliverables for the project to address
this concern. However, aesthetic and architectural requirements must be measurable
and cannot be effectively implemented if they are too general.
5. Additional/La~. er Landscape Areas are needed to Accommodate Canopy Trees.
Additional setbacks and reduction in the maximum building frontage were requested in
order to provide adequate planting area to ensure a shaded pedestrian path. The
current Land Development Regulations allows setbacks ranging from 0' to 10', with a
zero setback currently allowed in the Central Core along Atlantic Avenue. The
proposed regulations are similar in that there will be a zero setback for arcaded
buildings only and a minimum 5' setback feet in the Central Core to maintain a
continuous pedestrian path and/or provide for more planting area for the street trees.
Staff feels that the additional five (5) feet plus the ten (10) feet currently available
within the right of way is reasonable and adequate for landscaping within the urban
environment.
However, a performance standard is being added to LDR Sections 4.4.9(G) and
4.4.13(I) (performance standards to increase density above the maximum permitted).
This performance standard will require that: 'The landscape plan for the development
preserves and incorporates existing native vegetation (where available), provides new
landscaping that is in excess of minimum standards in height and quantity),
demonstrates innovative use of plant material, improves site design, provides useable
open space or public plazas, and maximizes available areas for pedestrian
interaction.'
P&Z Board Memorandum Staff Report
Downtown Delray Beach Design Guidelines - LDR Text Amendment
Page 5
6. Allow recesses and pro/ections along the building frontage without a variance.
This has been addressed. The applicable setbacks have been changed to require a
five (5) foot minimum up to a ten (10) foot maximum setback, except for the setbacks
for buildings with an arcade.
7. Clear and precise definitions.
This has been addressed. Definitions have been added or modified for clarification. In
addition more detailed graphics will be added and keyed to supplement the proposed
text by First Reading of the ordinance.
8. Overhead power lines should be placed under, qround and landscape nodes should be
put in the r{qht-of-ways.
The Land Development Regulations currently require new developments to locate their
utilities underground. Landscape nodes are currently located within the right-of-ways
and new developments are required to install streetscape improvements as part of their
development proposal.
9. Clari~ break down of percentage of building frontaqe is based on lot dimensions and
net buildinq dimensions. Also how are sites with multiple buildinqs treated with respect to
the buildinq frontage requirements?
This has been addressed. The current draft defines building frontage based on lot
dimensions and provisions for site for multiple buildings have been added. Additional
graphics will also assist in illustrating this concept.
Design Guidelines Subcommittee:
At its meeting of January 29, 2004, the Design Guidelines Subcommittee reviewed the
proposed regulations and recommended approval. The stakeholders at the meeting had
the comments, which were discussed above.
Joint workshops have been conducted with the following reviewing boards, agencies and
organizations:
Community Redevelopment Agency (CRA)
Downtown Development Authority (DDA)
Historic Presen/ation Board (HPB)
West At/antic Avenue Redevelopment Coalition (WARC)
Site Plan Review and Appearance Board (SPRAB)
Planning and Zoning Board
P&Z Board Memorandum Staff Report
Downtown Delray Beach Design Guidelines - LDR Text Amendment
Page 6
Community Redevelopment Agency (CRA), Downtown Development Authority
(DDA) & West Atlantic Redevelopment Coalition (WARC) Joint Workshop:
On February 12, 2004, these Boards reviewed the LDR amendments and questioned the
effect the guidelines would have on the Federal Highway pairs project and potential
elimination of one lane.
The proposed ordinance will not affect the project since the right-of-way width will remain
the same. If a lane is to be eliminated, the land area would be allocated for additional
landscaping and/or pedestrian walkways.
Plannin,q and Zoning Board, Historic Preservation Board & Site Plan Review and
Appearance Board Joint Workshop.
On March 1,2004, these Boards discussed the proposed LDR amendment at which time a
presentation was made by the Consultant and Staff. The following comments were made:
Issues I through 4 above (see also attached letter from David A. Beale of PGMS,
/nc.).
2. Include additional landscape area as part of the performance standards?
As discussed above, this item has been addressed by adding a performance
standard to increase density in LDR Sections 4.4.9, General Commemial District
(GC), and 4.4.13, Central Business District (CBD), have been modified to include
the provisions for the alternative landscape betterment plan.
Consider a six (6) foot incremental setback or smaller distance than the proposed
twelve (12) feet for balconies/loggias/arcades/porches.
The twelve (12) foot increments have been proposed to require a meaningful
recess above the third floor in most cases, not just for additional balcony and loggia
widths. This tiered effect is done to address the stakeholders' concerns regarding
the "canyon effect."
Allow more than a four (4) foot encroachment for the roof eave of the balcony to
cover the balcony.
The encroachment is already a foot more than what is currently permitted. Staff
has considered this and recommends no further encroachment. If an applicant
wants to cover the balcony entirely by a roof, the balcony will need to be set back
accordingly by four (4) to six (6) inches so the roof eave will not exceed the four (4)
foot maximum encroachment allowed.
Pineapple Grove Main Street {PGMS)
On March 8, 2004, the PGMS Board discussed the proposed LDR amendment after a
presentation by staff. The Board recommended approval subject to addressing all the
items contained in the attached letter from David ^. Beale of PGMS, Inc.
P&Z Board Memorandum Staff Report
Downtown Delray Beach Design Guidelines - LDR Text Amendment
Page 7
West Atlantic Redevelopment Coalition 0NARC)
At the March 10, 2004 WARC meeting, the Board recommended approval of the LDR
amendments subject to addressing the following items:
1. Requiring Crime Prevention Through Environmental Design (CPTED) review for all
new projects as part of the development review process. It was suggested that this
should be streamlined into the system via the Technical Advisory Committee (TAC).
(The Po/ice Department a/ready has qualified personnel, which assists in the
review.)
2. Changes to height definition or the maximum height of 48' should not be permitted.
It was the consensus that new development should comply with the existing height
limitations and allowable encroachments.
Site Plan Review and Appearance Board (SPRAB)
At its meeting of March 10, 2004, the SPRAB recommended approval of the proposed
LDR amendments subject to the following conditions:
1. That a performance standard is added, which required additional landscape areas,
material and open space/plazas be added for all conditional use requests which
seek additional height (above 48') or additional density above 30 units per acre.
2. The maximum parapet height of six (6) feet be amended to allow complete
screening of mechanical equipment only. (page 33, line 39)
3. The 75% transparency requirement be deleted from Section 4.4.18.(B)(14)(a)(iv),
Windows and Doom (page 37, line 6).
4. Items #1 (increase in building height or increase in density) and 2 (increase in
building height or new definition to accommodate a more vaded roof design)
contained in the attached letter from David A. Beale of PGM$, Inc. be included in
the amendments.
Community Redevelopment A.qency (CRA)
There were no comments from the CRA Board at their March 11, 2004 meeting.
Downtown Development Authority (DDA)
On March 17, 2004, the DDA Board recommended approval of the proposed LDR
amendments subject to consideration of the following:
1. The proposed ten (10) foot side setback for interior lots be increased to provide for
adequate width for access by service and/or emergency vehicles. The Board
recommended a fifteen (15) foot minimum setback.
P&Z Board Memorandum Staff Report
Downtown Delray Beach Design Guidelines - LDR Text Amendment
Page 8
No minimum or maximum floor to ceiling heights be required, only the overall
exterior building height be used to evaluate building height.
The interior dwelling unit features shall not be used as a performance standard to
obtain additional density above the 30 units per acre.
Additional height allowances be incorporated and/or the building height definition be
amended to accommodate a visually interesting roofline (see Item #1 of attached
letter from David A. Beale of PGMS, Inc..
Provide exemptions or ways of addressing uses, such as parking garages, which
cannot meet the incremental setbacks.
Historic Preservation Board (HPB):
At its meeting of March 17, 2004, the Historic Preservation Board recommended approval
of the proposed LDR amendments, subject to the following:
The interior dwelling unit features shall not be considered as a performance
standard in a conditional use application seeking a density above 30 units per
acre. The Board would rather see more site design or exterior requirements
incorporated such as additional landscaping, green space, complementary site
lighting consistent with overall architectural treatment of the project (i.e. standard
FP/ poles with cobra light fixtures with Mediterranean architecture, etc.), and
decorative pavers or walkways.
Minimum 75% transparency requirement in Section 4.4.18(B)(14)(a)(iv) (Page
37) be reduced to fifty (50) percent.
No changes to the definition or building height requirements to support a more
visually interesting roofline.
Only allow an increase in density above 30 units per acre OR an increase in
height above the 48', subject to a conditional use approval, NOT both.
By motion, recommended to the City Commission approval of the amendment to the Land
Development Regulations as it relates to the proposed Downtown Delray Beach Design
Guidelines, based upon positive findings with respect to LDR Section 2.4.5(M), Future
Land Use Element Policy C-4.2 and the adopted Downtown Delray Beach Master Plan.
Attachments: Pineapple Grove Main Street Letter
Proposed Ordinance
ORDINANCE NO. 21-04
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AMENDING THE
LAND DEVELOPMENT REGULATIONS OF CODE OF
ORDINANCES, BY AMENDING SECTION 1.4.1,
"INTERPRETATION OF LAND DEVELOPMENT
REGULATIONS; SUBSECTION 2.4.3(G),
"ARCHITECTURAL ELEVATIONS"; SUBSECTION 4.3.3(0),
"TOWNHOUSES AND TOWNHOUSE TYPE OF
DEVELOPMENT"; SUB-SUBSECTION 4.3.4(J)(4),
"INCREASES TO HEIGHT REGULATIONS"; SUBSECTION
4.3.4(K), "DEVELOPMENT STANDARDS MATRIX";
SUBSECTION 4.4.9(F), "DEVELOPMENT STANDARDS";
SUB-SUBSECTION 4.4.9(G)(1 ), "WEST ATLANTIC
AVENUE OVERLAY DISTRICT SUPPLEMENTAL
DISTRICT REGULATIONS"; SUBSECTION 4.4.13(A),
"PURPOSE AND INTENT"; SUBSECTION 4.4.13(F),
"DEVELOPMENT STANDARDS"; SUBSECTION 4.4.13(G),
"SUPPLEMENTAL DISTRICT REGULATIONS";
SUBSECTION 4.4.13(I), "PERFORMANCE STANDARDS";
SUBSECTION 4.4.24(A), "PURPOSE AND INTENT";
SUBSECTION 4.4.24(F), "DEVELOPMENT STANDARDS";
SUBSECTION 4.4.28(F), "DEVELOPMENT STANDARDS";
SUBSECTION 4.6.4(A), "COMMERCIAL ZONING
ADJACENT TO RESIDENTIAL ZONING"; SUBSECTION
4.6.18, "ARCHITECTURAL ELEVATIONS AND
AESTHETICS"; AND APPENDIX "A", "DEFINITIONS", TO
IMPLEMENT THE DOWNTOWN DELRAY BEACH
MASTER PLAN; TO MITIGATE MASS/SCALE AND
UNIFORM MONOLITHIC APPEARANCE OF LARGE
BUILDINGS; AND TO PROVIDE THAT THE
ARCHITECTURAL COMPOSITION OF NEW
DEVELOPMENTS INCORPORATE ARCHITECTURAL
FEATURES THAT PROVIDE VISUAL INTEREST, WHILE
ALLOWING DESIGN FLEXIBILITY; 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 22, 2004, and voted 5
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
1 ORD, NO, 21-04
WHEREAS, current information and increased population require re-evaluation and
adoption of updated development standards; and
WHEREAS, periodic reviews of the Land Development Regulations to evaluate its
various provisions and propose amendments to resolve new or outstanding issues and
comply with the Comprehensive Plan, State Statutes, and Federal Law; and
WHEREAS, the adopted Downtown Delray Beach Master Plan mandated that design
guidelines for the downtown area be created to establish land development regulations
to ensure building forms of a character and scale that reinforce the Citizens' vision of a
"City of urban amenities with a small town feeling," create pedestrian friendly streets,
promote areas of special character, and preserve heritage in the development process;
and
WHEREAS, the City Commission has determined the proposed amendments will
ensure that new development be compatible with the surrounding area and enhance
the appearance of the streetscape in the community; and
WHEREAS, the City Commission has determined that the proposed amendments will
mitigate the mass/scale and uniform monolithic appearance of large buildings and
ensure that the architectural composition of new development incorporate architectural
features that will provide visual interest, while allowing design flexibility.
WHEREAS, the City Commission determines the proposed amendments will improve
the procedures and standards of the Land Development Regulations.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, THAT:
SECTION 1. That Section 1.4.1, "Interpretations of Land Development Regulations,"
Subsection 1.4.1(E), "Graphics," of the Land Development Regulations of the Code of
Ordinances of the City of Delray Beach, Florida, be, and the same is hereby amended
to read as follows:
(E) Graphics: All .qraphics and drawin.qs are supplemental to the text and in the event
of a conflict the text shall govern.
SECTION 2. That Section 2.4, "General Procedures," Subsection 2.4.3(G),
"Architectural Elevations," of the Land Development Regulations of the Code of
Ordinances of the City of Delray Beach, Florida, be, and the same is hereby amended
to read as follows:
(G) Architectural Elevations: The submission for architectural review by the Site
Plan Review and Appearance Board or Historic Preservation Board, as
appropriate, shall consist of the following:
2 ORD. NO. 21-04
(1)
(2)
(3)
(4)
(5)
(6)
A sketch plan showing existing conditions if the architectural review is not
associated with an application which requires site plan or preliminary plat
review, otherwise, the site plan or plat shall accompany the submission.
All drawings shall be drawn to scale (architectural scale is permitted) and
dimensioned.
A drawing showing four elevations (east, west, north, south) of proposed
structures or of the elevation which is being modified when an existing
structure is involved. The drawing shall show all the architectural features of
the structure and the manner in which air conditioning and similar items are to
be treated. Exterior colors and the type of exterior surfaces, including roofs,
shall be described.
A roof plan which shows the location of equipment and features located
thereon.
Color samples.
Additional detailed drawin.qs and/or supportive documents necessary to meet
the requirements or demonstrate compliance with applicable sections of this
Code.
SECTION 3. That Section 4.3.3 "Special Requirements for Specific Uses," Subsection
4.3.3(0), "Townhouses and Townhouse Type of Development," of the Land
Development Regulations of the Code of Ordinances of the City of Delray Beach,
Flodda, be, and the same is hereby amended to read as follows:
(O) Townhouses and Townhouss Type of Development:
Application: These special requirements apply to townhome or townhouse
development and to apartment complexes which are designed in the style of
a townhome, except projects located within the Central Business District,
General Commercial - West Atlantic Overlay District, and Central Business
District - Railroad Corridor, which shall comply with the applicable district
raRulations.
SECTION 4. That Section 4.3.4, "Base District Development Standards," Subsection
4.3.4 (J) "Height,", Sub-subsection 4.3.4(J)(4), "Increases to Height Regulations", of the
Land Development Regulations of the Code of Ordinances of the City of Delray Beach,
Florida, be, and the same is hereby amended to read as follows:
(4) Increases to Height ReRulations:
3 ORD. NO. 21-04
(a)
Prohibitions: There are no provisions which allow, nor is the Board of
Adjustment empowered to grant, an increase of height for any purpose in the
following zone districts:
Single Family (R-l) Districts
Rural Residential (RR)
Agriculture (Ag)
Mobile Home (MH)
Low Density Residential (RL)
Planned Residential Development (PRD)
Medium Density Residential (RM)
Residential Office (RO)
Neighborhood Commercial (NC)
Conservation District (CD)
Professional and Office District (POD)
Open Space (OS)
(b)
Allowances: An increase, to a maximum height of sixty feet (60'), may be
approved by the City Commission in any zone district not listed above when
approved pursuant to the processing of a conditional use request and based
upon a finding of compliance with each of enumerated criteda listed below.
(i) That the structure is to be located in one of the following geographic
areas:
(1) Area "A" - all property located east of Congress Avenue and west
of 1-95.
(2)
Area "B" - the property encompassed by the Delint DRI, with the
exception of that portion platted as "Waterford Village"; along with
property located west of S.W. 10th Avenue, south of Linton
Boulevard, and east of 1-95.
(3) Area "C" - the property encompassed by the boundary of Linton
Boulevard, Wallace Drive, $.W. 10th Street, and 1-95.
(4)
Area "D" - the properties located south of Atlantic Avenue, north of
S.W. 1 st Street, west of S.W. ~, =! 2nd Avenue, and east of S.W. 4th
Avenue; and the properties located north of Atlantic Avenue, south
of N.W. 1st Street, west of N.W. 1st Avenue, and east of N.W. 3rd
Avenue.
(5)
Area "E" - the property encompassed on the west by the F.E.C.
Railroad, on the east by the Intracoastal Waterway, on the south by
Allen Avenue extended to said easterly and westerly boundaries,
and on the north to the northernmost boundary of the City.
(6) Area "F" - the property located between the one-way pair system of
Federal Highway (5th and 6th Avenues).
(7)
Area "G" - the property on either side of Linton Boulevard,
extending 200 feet north and south of its ultimate right-of-way,
extending from 1-95 to Dixie Highway.
4 ORD. NO. 21-04
(8)
Area "H" - the area bounded by Linton Boulevard on the south, the
F.E.C. Railroad on the east, the combination of Southridge Road
and Swinton Avenue on the north, and S.W. 4th Avenue on the
west.
(9) Area "1" - all property within the CBD (Central Business District)
except for property lying east of the intracoastal Waterway.
(10) Area "J" - the property encompassed by Lindell Boulevard on the
north, Federal Highway on the east, Dixie Highway on the west,
and the City limits on the south.
(ii)
That the increase in height will not provide for, nor accommodate, an
increase in the floor area (within the structure) beyond that which could
be accommodated by development which adheres to a height limitation
of 48 feet, except for the following situations:
(1)
An increase in intensity is allowed when the increase from 48 feet
to 60 feet is for the purpose of accommodating residential use on
the top floor of the structure; however, the increase in intensity is
only for the added residential use area;
(2) An increase in intensity is allowed when there is a transfer of
development rights pursuant to Section 4.6.20.
(iii) That the increase in height is based on or will result in one, or more, of
the following:
(1)
A demonstrable need that, in order to accommodate the nature of
a particular use or a particular matter or type of construction, a
greater than normal space between floors or height of story is
necessary; or
(2) That -76 50% or greater of an area of the ground floor is devoted to
parking and vehicular traffic circulation; or
(3)
That for each foot in height above 48 feet, an additional building
setback of two feet is provided from the building setback lines
which would be established for a 48-foot tall structure. The
additional setback is required from all setback lines (i.e., front, side,
and rear) for the portion of the buildin,q that extends above 48 feet.
In lieu of this setback requirement, buiidin,qs in the CBD zone shall
adhere to the setback requirements of that district.
SECTION 5. That Section 4.3.4, "Base Distdct Development Standards," Subsection
4.3.4 (K), "Development Standards Matrix," of the Land Development Regulations of
the Code of Ordinances of the City of Delray Beach, Florida, be, and the same is
hereby amended to read as follows:
5 ORD. NO. 21-04
Section 4.3.4 Base District Development Standards:
(K) Development Standards Matrix: The following matrices set forth the minimum
and maximum development standards for each zoning district subject to
descriptions, interpretations, and exceptions as provided for elsewhere in Section
4.3.4.
(This space intentionally left blank)
6 ORD. NO. 21-04
SECTION 6. That Section 4.4.9, "General Commercial (GC) District," Subsection
4.4.9(F), "Development Standards," of the Land Development Regulations of the Code
of Ordinances of the City of Delray Beach, Florida, be, and the same is hereby
amended to read as follows:
7 ORD. NO. 21-04
(F) Development Standards: '" "'~'~;*;*" tc *"~' '~ .... ' ..... * ~*~'-'~-'~o '-~-~ ~*~" ;-
' th~
The development standards set fo~h in Section 4.3.4 shall apply except as
modified below:
If there is no vehicular access available to the rear of any structure, a side
setback of ten feet (10') shall be provided. For a side interior lot, a ten foot
(10') setback is required only on one (1) side.
(2) West Atlantic Avenue Overlay District Development Standards: The
following development standards apply to all properties zoned General
Commercial (GC) within the West Atlantic Avenue Overlay District as defined in
Section 4.5.6(B). This sub area, known as the West Atlantic Neighborhood
(WAN) provides for development that is consistent with the adopted West
Atlantic Avenue Redevelopment Plan and the Downtown Delray Beach Master
Plan. The emphasis is on the preservation and enhancement of existing
neighborhoods, while promoting a pedestrian friendly commercial area along
Atlantic Avenue that contains a mix of residential, commercial and civic
functions. Businesses that are oriented toward serving the local neighborhood,
as opposed to a regional area, are encouraged. All parcels within the
boundaries of the WAN are shown in Fi.qure 4.4.9-1.
(This space intentionally left blank)
8 ORD. NO. 21-04
WEST AT~NTIG NBGHBORHOOD
Figure 4.4.9-1 - West Atlantic Neluhborhood
(a) Height: Parcels that have frontage along Atlantic Avenue, NW 5th Avenue,
or SW 5th Avenue shall have a front setback of five feet (5') from the
ultimate right-of-way line. The front setback area shall be paved with paver
9 ORD. NO. 21-04
blocks to match the existing sidewalks within the Atlantic Avenue right-of-
way.
Overall HeiRht of buildings shall be a minimum of twenty-five feet
(25') and a maximum of forty-ei.qht feet (48') in hei.qht. Exceptions
to the hei.qht limitations shall comply with Section 4.3.4(J)(3) and
(4).
Arcade HeiRht shall be a minimum ten feet (10'), measured from
finished arcade floor to finished arcade cei in.q.
Floor Height shall be a minimum of ten feet (10') for .qround floors
and a minimum of nine feet (9') for all other floors. All hei.qhts shall
be measured from finished floor to finished ceilin.q. Auxiliary and
service rooms, such as, qaraqes, restrooms, closets, laundry
rooms, dressing rooms, storage rooms, mechanical, electrical, and
plumbing equipment rooms are exempted from the floor heiqht
re.qulations.
Figure 4.4.9-2 - Buildinq Height Requirements
(b)
The minimum open space requirement is ten percent (10%) of the site
area. All landscape requirements for parking lots and buffering of
residential properties, pursuant to Section 4.6.64_ and 4.6.16, shall apply.
(c) Building Frontage and Front Setbacks:
(i) The build n.q fronta.qe for an interior lot is the portion of the lot
abuttinR the primary street minus the required side setbacks.
10 ORD. NO. 21-04
The buildin.q frontaqe for the primary street side of a corner lot is
the portion of the lot abuttinq the primary street minus the required
side setbacks.
The buildinq frontaRe for the secondary street side of a corner lot is
the portion of the lot abuttin.q the secondary street minus the
required front and rear setbacks.
Flclure 4.4.9-3 - Building Frontaae
(iv)
(vi)
(vii)
Buildin,q frontaRe is expressed in percenta.qes and may vary from
floor to floor.
Front setbacks shall be taken from the property line, or if a
dedication is required, from the resultin.q property line after
dedication.
Buildin.q fronta,qe and setbacks for properties frontin.q on Atlantic
Avenue shall comply with Table 4.4.9-1.
The front setback area for buildin.qs frontin.q on Atlantic Avenue
shall be paved with pavin.q materials to match the existin.q
sidewalks within the Atlantic Avenue ri.qht-of-way.
(viii) For corner lots with Atlantic Avenue side street fronta.qe, the first
(ix)
sixty feet (60') of the buildin.q, taken from the Atlantic Avenue
property line, or if a dedication is required, from the resultin.q
property line after dedication, shall comply with Table 4.4.9-1.
Building frontage and setbacks for properties frontinq on streets
other than Atlantic Avenue shall comply with Table 4.4.9-2.
11 ORD. NO. 21-04
70%/90% 02 70%/90% 5' mini
West Finished 10'max
Atlantic ~lrade to 37' Remainino 24' rain Remainin,q 17' min/
Avenue lenfith lenRth 22' max
50% max 12_~' 50% max 17' min
37' to 48'
Remainina 24' min RemaininR 29' min
lenRth lenRth
70%190% §'rain/
Finished orade to 215' 10' max
Remainina lenath 17' mini
22' max
Other Rioht- 50% max 17' min
of-ways 25' to 37' Remainina lenath 29' min
{~0% max 17' min
37' to 48' Remainino length 29' min
12 ORD. NO. 21-04
70%/90% 5'mini
Finished grade tO 25' 10'max
NW and SW Remainina lenath 17'min/
~ 22'max
70% max 17'min
25' to 37'
Remaining3 len~3th 29' min
50% max 29' min
37' to 48'
Remainin,q length 41' min
Notes to Tables 4.4.9-1 and 4.4.9-2:
Lots of record with a width less than fifty feet (50') shall be exempted from the buildine
frontac~e rec~uirements provided a minimum five (5) to maximum ten foot ~103 setback be
provided for the portion of the buildin~ from finished ,qrade to twenty-five feet (25') in
heiqht and a minimum seventeen foot {17') setback is provided above a hei.qht of twenty-
five feet (25').
The applicable development re~lulations for arcades. Arcades shall have a minimum
width of twelve feet (12'), inclusive of columns or pilasters up to a maximum width of two
feet (2').
Buildin~l fronta.qe requirements for parkinf:l ~ara~es may be increased to a maximum of
100% for all floors by the Site Plan Review and Appearance Board or the Historic
Preservation Board subject to compliance with Section 4.6.18{B)H4){vi)4). Parkin(~
Garaf:les.
The buildin.q setback for portions of parkin~l ~laraf:les above twentv-five feet (25') may be
waived by the Site Plan Review and Appearance Board or the Historic Preservation Board
subject to compliance with Section 4,6.18(B)(14)(vi)4), Parkinc~ Garapes. and a minimum
five {5) to maximum ten foot {10') setback for the portion of the buildin,q from finished
,qrade to twenty-five feet (25') in height,
(5) For sites with multiale buildinas, the buildina immediately abuttin(~ the roadway(s) shall
comair with the buildinc~ frontac~e and setbacks in Table 4.4.9-1 and 4.4.9-2,
(6) Buildin.q floors shall be setback in increments of twelve feet {12') to create a vertical
stepped back appearance.
(7) Buildin.q and site desi.qn shall incorporate Crime Prevention Throu(~h Environmental
Desic~n ,~CPTED) standards to the oreatest extent possible,
(This space intentionally left blank)
13 ORD. NO. 21-04
FI;lure 4.4.9-4 - Buildin~l Fronta;les and Setbacks for West Atlantic Avenue
Flllure 4.4.9-5 - Building Frontages and Setbacks for NWISW 5th Avenues
14 ORD. NO. 21-04
Fit:lure 4.4.9-6 - Bulldlnu Frontaues and Setbacks for Other Roadways
(d) Side Street BuildinR Frontage and Setbacks
15 ORD. NO. 21-04
Side street setbacks shall be taken from the property line, or if a
dedication is required, from the resultin.q property line after
dedication.
Side street buildin.q fronta.qe and setbacks shall comply with the
applicable roadway requirements in Tables 4.4.9-1 and 4.4.9-2.
For corner lots frontin.q on Atlantic Avenue, NW 5th Avenue, or SW
5tn Avenue, the same development standards that apply on Atlantic
Avenue, NW 5u~ Avenue, or SW 5t~ Avenue shall apply to the first
sixty feet (60'), taken from the Atlantic Avenue, NW 5t~ Avenue, or
SW 5tn Avenue property line, or if a dedication is required, from the
resultinq property line after dedication.
SAME DEVELOPMENT
STANDARDS SHALL APPLY
TO THE FIRST 60 FT,
PRIMARy R.O.W.
FIRure 4.4.9-7 - Corner lots with Atlantic Avenue or NWISW 5th Avenue FrontaRe
(e)
Rear Setbacks for all buildin.q floors shall be a minimum of ten feet (10')
from the property line.
Structures Allowed Within Setback
(i) Balconies may encroach a maximum of four feet (4') into the
setbacks.
LoRRias and Trellises above the qround floor may encroach into
the setbacks provided they do not exceed the required setback of
the portion of the floor directly below it.
(iii) Roof Eaves may encroach into the setback a maximum of four feet
(4').
16 ORD. NO. 21-04
ROOF EAVES MAX. 4 FT.
OFEN TRELUSES AND
LOGGL~S 12 FT. MAX.
BALCONIES 4 FT. MAX.
- PROPERTY UNE
Figure 4.4.9-8 - Encroachments
SECTION 7. That Section 4.4.9, "General Commercial (GC) District," Subsection
4.4.9(G), "Supplemental District Regulations," Sub-subsection 4.4.9(G)(1), "West
Atlantic Avenue Overlay District Supplemental District Regulations", of the Land
Development Regulations of the Code of Ordinances of the City of Delray Beach,
Florida, be, and the same is hereby amended to read as follows:
(G) Supplemental District Regulations: In addition to the supplemental district
regulations set forth in Article 4.6, the following supplemental district regulations
shall apply in the GC District.
(1)
West Atlantic Avenue Overlay District Supplemental District
Regulations: The following supplemental district regulations apply in the
West Atlantic Avenue Overlay District as defined in Section 4.5.6(B):
(a) The following principal and conditional uses are prohibited in the overlay
district:
*~ Retail or Wholesale Firearm or Ammunition Sales;
*~ii~ Retail or Wholesale Automotive Parts Sales;
*~iii) Lawn Care Equipment Sales;
*~iv~ Contractor's Offices;
*.(_~ Abused Spouse Residences;
*v.(~ Shooting Ranges;
*(vii) Adult Entertainment Establishments;
*(viii)Service Stations.
17 ORD. NO. 21-04
Lb_)
(c)
(d)
(e)
(f)
(g)
(h)
(i)
0)
All permitted uses with drive-through facilities shall require conditional
use approval.
All buildings fronting on West Atlantic Avenue, N.W. 5th Avenue, or S.W.
5th Avenue must contain nonresidential uses on the ground floor facing
the street. Dwelling units are permitted within the same structure as
commercial uses with no restriction on the percentage of each use
allowed. In the event that residential and non-residential uses are
located in the same structure, residential uses and non-residential uses
must be physically separated and have separate accessways.
Commercial structures are limited to a maximum depth of 150 feet from
the ultimate right-of-way of Atlantic Avenue, unless the parcel has
frontage on N.W. 5th Avenue or S.W. 5th Avenue. Accessory uses
such as parking areas, landscaping, and drainage retention areas may
extend beyond the 150 foot limit. Establishment or expansion of
structures beyond the 150 foot limit may be allowed as a conditional
use, subject to the required findings of Section 2.4.5(E)(5).
Six (6) parking spaces per 1,000 square feet of gross floor area are
required for restaurants and one (1) parking space per 300 square feet
of gross floor area is required for all other non-residential uses, except
hotels and motels. Parking spaces for residential uses are required at
the rates established in Section 4.6.9(C)(2).
The parking requirement for hotels and motels is established at 0.7 of a
space for each guest room plus one (1) space per 300 sq. ft. of floor
area devoted to ballrooms, meeting rooms, and shops and six (6)
spaces per 1,000 sq. ft. of floor area devoted to restaurants and lounges
within the hotel or motel.
If it is impossible or inappropriate to provide required parking on site or
off-site, the in-lieu fee option provided in Section 4.6.9(E)(3) may be
applied.
There is no restriction on repair and/or reconstruction of non-conforming
single family residences located a minimum of 150 feet from Atlantic
Avenue.
Parking areas and accessways to parking lots must be located to the
rear of commercial structures that have frontage on Atlantic Avenue.
Where locating parking to the rear of the structure is impossible or
inappropriate, the Site Plan Review and Appearance Board may
approve an alternate location.
Free standing or mixed-use residential development up to twelve (12)
units per acre is a permitted use. Density may exceed twelve (12) units
per acre, up to a maximum of thirty (30) units per acre, as a conditional
18 ORD. NO. 21-04
use. Density may exceed 12 units per acre only after the approving
body makes a finding that the project has substantially complied with the
performance standards listed below, the West Atlantic Avenue
Redevelopment Plan, required findings of Section 2.4.5(E), and
applicable standards of the Comprehensive Plan and Land
Development Regulations. Notwithstanding these provisions, the
approving body may deny an application for increased density where it
is determined that the proposed project is not compatible in terms of
building mass and intensity of use with surrounding development. It is
acknowledged that it may not be possible for projects which involve the
modification of existing structures to comply with many of the standards.
For those types of projects, the ultimate density should be based upon
compliance with those standards which can be reasonably attained, as
well as the project's ability to further the goal of revitalizing the
Redevelopment Area.
The following performance standards shall apply to all applications for
new development and modification of existing developments which
would result in a density greater than twelve (12) dwelling units per acre:
(1)
The development offers variation in design to add interest to the
elevations and relief from the building mass. Fe~-e~emf~
,.v,v..,...v..+="" v,"~ __.... ~'''~u Building elevations incorporate several of the
following elements: diversity in window and door shapes and
locations; features such as balconies, arches, porches; and design
elements such as shutters, window mullions, quoins, decorative
tiles, or similar distinguishing features.
(2)
If the building includes a parking garage as an associated structure
or within the principal building, the garage elevation provides
unified design elements with the main building through the use of
similar building materials and color, vertical and horizontal
elements, and architectural style. -r,........ ;crc;c .v ~'' ~vv.~.'~""~"""'~.~_ i.". c
....... ;,~.~., ..... h .... , ........,~ ..v:,.. Development of a
portion of the ground floor perimeter adjacent to street rights of way
is devoted to window displays or floor area for active uses such as
retail stores, personal and business service establishments,
entertainment, offices, etc., is encouraged.
(3)
A number of different unit types, sizes and floor plans are available
within the development. Two and three bedroom units are
encouraged, as are a combination of multi-level units and fiats. In
projects consisting of more than twelve (12) dwelling units, the
proportion of efficiency or studio type units may not exceed 25% of
19 ORD. NO. 21-04
(4)
the total units. There is no maximum percentage established for
projects having twelve (12) or fewer units, however, a mix of unit
types and sizes is encouraged.
The project desi.qn shall create an overall unified amhitectural
character and ima.qe by the use of common elements between the
buildinq{s), parkin.q lot, and landscapin.q. Examples of some
features that could be incorporated to meet this standard are:
freestandinR li,qht poles and exterior liqht fixtures that are
decorative and consistent with the architectural treatment of the
(5)
(6)
buildinq(s); pedestrian amenities such as benches, shaded
walkways, and decorative pavement treatment, that are similar in
forms, colors, materials, or details as the amhitecture of the
buildin.q(s); focal points such as public art, water feature/fountain,
courtyard or public plazas desi.qned to connect different uses alon.q
a continuous pedestrian walkway; or a combination of similar
features that meet the intent of this standard.
The development provides common areas and/or amenities for
residents such as swimming pools, exemise moms, storage moms
or lockers, covered parking, gardens, courtyards, or similar areas
and/or amenities.
The development promotes pedestrian movements by providing
convenient access from the residential units to the public sidewalk
system. Pedestrian areas adjacent to the building are enhanced by
providing additional sidewalk area at the same level as the abutting
public sidewalk. Accessways to parking areas are designed in a
manner that minimizes conflicts between vehicles and pedestrians.
The public street or streets immediately adjacent to the
development are enhanced in a manner that is consistent with the
streetscape on West Atlantic Avenue.
20 ORD. NO. 21-04
(7)
The development provides opportunities to share parking,
accessways, driveways, etc., with adjoining properties, or provides
additional parking spaces that may be used by the public.
(8)
(10) ~""~ .... :r.' .... ""~"~"~ .... For buildings fronting on West Atlantic Avenue,
NW 5th Avenue, or SW 5th Avenue, at least fifty percent (50%) of
the surface area of the front street wall(s) at the ground floor of
each such building is devoted to display windows and to entrances
to commercial uses from outside the building.
The landscape plan for the development preserves and
incorporates existinq native ve.qetation (where available), provides
new landscapin.q that is in excess of minimum standards in heiqht
and quantity), demonstrates innovative use of plant material,
improves site desiqn, provides useable open space or public
plazas, and maximizes available areas for pedestrian interaction. If
necessary to achieve this standard, the project may exceed the
maximum setback area on the .qround floor.
SECTION 8. That Section 4.4.13, "Central Business (CBD) District," Subsection
4.4.13(A), "Purpose and Intent," of the Land Development Regulations of the Code of
Ordinances of the City of Delray Beach, Florida, be, and the same is hereby amended
to read as follows:
(A) Purpose and Intent: The Central Business District (CBD) Zone District is
established in order to preserve and protect the cultural and historic aspects of
downtown Delray Beach and simultaneously provide for the stimulation and
enhancement of the vitality and economic growth of this special area. Establishment of
the CBD District is consistent with and implements, in part, Objective C-4 of the Land
Use Element of the Comprehensive Plan. The CBD District is generally applied to
territory depicted in the Commercial Core designation on the Future Land Use Map.
The areas described below and shown in Fif~ures 4.4.13-1 and 4.4.13-2 provide for
development that is consistent with the adopted Downtown Delray Beach Master Plan.
Central Core: The requlations are intended to result in development that preserves the
downtown's historic moderate scale, while promotin.q a balanced mix of uses that will
help the area evolve into a traditional, self-sufficient downtown. Residential
development is permitted at hi.qher densities in this area than any other part of the city,
in order to foster compact, pedestrian oriented .qrowth that will support downtown
businesses.
21 ORD. NO. 21-04
(This space intentionally left blank)
~ / ~ ,~ .....
--~, ~
CORE
Figure 4.4.13-1 - Central Core
22 ORD. NO. 21-04
Beach Area: The .qoal for this area is to "preserve and enhance the character of these
areas, the public condition of the beach, the vitality of its center, and the natural
environment." The Master Plan calls for redevelopment of existin.q buildin.qs in a
manner that places storefronts close to the street and parkin.q in the rear. Where
existin.q buildinqs are separated from the pedestrian ways by wide landscaped areas,
the addition of arcades and new buildin.q square foota.qe to brin.q the storefronts closer
to the street is encoura.qed.
Fi~lure 4.4.13-2 - Beach Area
23 ORD. NO. 21-04
SECTION 9. That Section 4.4.13, "Central Business (CBD) District," Subsection
4.4.13(F), "Development Standards," of the Land Development Regulations of the Code
of Ordinances of the City of Delray Beach, Florida, be, and the same is hereby
amended to read as follows:
(F) Development Standards: The development standards set forth in Section 4.3.4
shall apply, except as modified below. In case of conflict with other applicable
development requlations, this Section shall apply:
(1) Height: The CBD is a geographic area in which exceptions to height
regulations are allowed pursuant to Section 4.3.4(J).
Overall Height of buildin,qs shall be a minimum of twenty-five feet (25'7
and a maximum of forty-eiqht feet (48') in hei.qht. Exceptions to the
hei.qht limitations shall comply with Section 4.3.4(J)(3) and (4).
Arcade Height shall be a minimum ten feet (10'7, measured from
finished arcade floor to finished arcade ce n.q.
Floor Height shall be a minimum of ten feet (10') for .qround flo0m and
a minimum hei.qht of nine feet (9'7 for all other floom. All hei.qhts shall be
measured from finished floor to finished ceilin.q. Auxiliary and service
rooms, such as, .qara.qes, restrooms, closets, laundry rooms, dressinq
rooms, storaqe rooms, mechanical, electrical, and plumbin.q equipment
rooms are exempted from the floor hei.qht re.qulations.
(2)
Figure 4.4.13-3 - Buildina Heiaht Requirements
Open Space: A minimum of 10% non-vehicular open space shall be
provided; however, within the area encompassed by the boundaries of the
original Downtown Development Authority as described in Section 8.2.2(B),
and within those sections of the CBD zoning district located within the
24 ORD. NO. 21-04
Pineapple Grove Main Street area and east of the Intracoastal Waterway,
there shall be no minimum open space requirement. Notwithstanding the
provisions of this section, the body acting upon a development application
within the CBD may require that open areas, including but not limited to
courtyards, plazas, and landscaped setbacks, be provided in order to add
interest and provide relief from the building mass.
(3) BuildinR FrontaRe and Front Setbacks:
(a) The buildinq fronta,qe for an interior lot is the portion of the lot abuttinq
the primary street minus the required side setbacks.
(b)
The buildin.q frontaRe for the primary street side of a corner lot is the
portion of the lot abutting the primary street minus the required side
setbacks.
The buildin.q frontage for the secondary street side of a corner lot is the
portion of the lot abutting the secondary street minus the required front
and rear setbacks.
Fiuure 4.4.13-4 - Bulldlna Frontaae
(d)
(e)
(g)
Buildin.q fronta.qe is expressed in percenta.qes and may vary from floor to
floor.
Front and setbacks shall be taken from the property line, or if a
dedication is required, from the resultinq property line after dedication.
Buildinq fronta,qe and setbacks for properties front n,q on Atlantic Avenue
or A-1-A shall comply with Table 4.4.13-1.
The front setback area for bud n,qs front n.q on Atlantic Avenue shall be
paved with pavin.q materials to match the existinq sidewalks within the
Atlantic Avenue riqht-of-way.
25 ORD. NO. 21-04
(h) For comer lots with Atlantic Avenue side street fronta.qe, the first sixty
feet (60') of the buildin.q, taken from the Atlantic Avenue property line, or
if a dedication is required, from the resultin.q properly line after
dedication shall comply with Table 4.4.13-1.
Building frontaqe and setbacks for properties frontin,q on streets other
than Atlantic Avenue or A-I-A shall comply with Table 4.4.13-2.
Central Core
(CC)~
17' min
97' to 48' 29' min
Finished
arade to 25'
~5'to 37'
37'to48'
48' and
above
N/A
70%/90% 5' min or
10' max
Remainina 17' min or
length 22' max
70% max 17' min
Remainina 29' rain
length
50% max 29' min
Remaininq 41' min
100% max 41' min
Finished qrade to 25'
Other RiRht-
of-waysm ;~' to 37
70%/90%
Remainin,q lenRth
50% max
Remaininq lenqth
5' min/
10' max
17' rain/
22' max
17' min
29' min
26 ORD. NO. 21-04
50% max 17' min
37' to 48'
Remainin(~ len(~th 29' rain
48' and above 100% 41' min
70%/90% 5' min/
Finished qrade to 25' 10' max
Pineapple Remaininq len,qth 17' min/
Grove Way 22' max
70% max 17' min
2§' to 37' Remainina lenath 29' min
50% max 29' min
37' to 48'
Rernainin,q len.qth 41' rain
48' and above 100% 41' min
70%/80% ~ 15' min~
Finished ,qrade to 25' 70%/90% (4) 10' rain~1
Remaininq lenqth 27' rain(3)
22' rain~3
NE and SE 70% max (3)(4) 15' rnin(3)
~1~ and NE 2[;' to 37' 10' rain~
and SE 6~; Remaininq ienqth 27' min
Avenues~m 50% max 34' min
37' and above Rema n n.q lenqth 39' min
Notes to Tables 4.4.13-1 and 4.4,13-2:
Lots of record with a width less than fifty feet (50') shall be exemDted from the buildino
fronta.qe requirements provided a minimum five (5) to maximum ten foot (10') setback be
provided for the portion of the buildinf:l from finished grade to twenty-five feet (25') in
height and a minimum seventeen foot {17') setback is orovided above a heiaht of twenty-
five feet (25').
The applicable development regulations for amades. Arcades shall have a minimum
width of twelve feet (12'), inclusive of columns or pilasters up to a maximum width of two
feet (2').
Residential occupancy on the ground floor and primary entrances shall be oriented
towards NE and SE 5m or NE and SE 6m Avenues.
Mixed-use/Non-residential occuaancv on the around floor.
The same development standards that aoDIv to the front property line shall apolv to the
first sixty feet (60') of the building facino the side street property line.
Buildinq fronta.qe requirements for parkinq qaracles may be increased to a maximum
100% for all floors by the Site Plan Review and Appearance Board or the Historic
Preservation Board subject to compliance with Section 4.6.18(B~{14)(vi)4). Parkina
Garages.
The buildin.q setback requirements for Portions of Darkino aaraaes above twenty-five feet
(25') may be waived by the Site Plan Review and Appearance Board or the Historic
Preservation Board subiect to compliance with Section 4.6.18(B)(14)(vi)4). Parkino
Garages, and a minimum five (5) to maximum ten foot (10') setback for the portion of the
buildinq from finished tirade to twenty-five feet (25'~ in heioht.
27 ORD. NO. 21-04
(8) For site~ with mgltiplp buildinos, the buildino immediately abuttino the roadway{s) shall
comolv with the buildina frontaoe and setbacks in Table 4.4.13-1 and 4.4.13-2,
(9) BuildinR floors shall be setback in increments of twelve feet (123 to create a vertical
steaded back appearance,
(10) Buildinq and site design shall incoroorate Crime Prevention Throuoh Environmental
Desion (CPTED) standards to the areatest extent aossible.
(This space intentionally left blank)
28 ORD. NO. 21-04
Figure 4.4.13-5 - Building Frontages and Setbacks for Atlantic Avenue or A-I -A in Beach Area
29 ORD. NO. 21-04
"",1
FiRure 4.4.13-6 - Buildin;I Frontal:leS and Setbacks for Atlantic Avenue In Central Core Area
30 ORD. NO. 21-04
FIf~ure 4.4.13-7 - BuildlnR Frontages and Setbacks for PineaDole Grove Way
31 ORD. NO. 21-04
Figure 4.4.13-8 - Bulldina Fronta¢=es and Setbacks for NE/SE 5th and 6t~ Avenues
32 ORD. NO. 21-04
Figure 4.4.13-9 - Building Frontages and Setbacks for Other Roadways
33 ORD. NO. 21-04
(4) Side interior setbacks for all buildin.qs shall be as follows:
(a) Zero feet (0') from the property line if there is vehicular access available
to the rear of any structure, or
Ten feet (10') from the property line where no vehicular access is
available to the rear of any structure. For a side interior lot, a ten foot
(10') setback is required only on one (1) side.
(5) Side Street Building Fronta!:le and Setbacks
a~ Side street setbacks shall be taken from the property line, or if a
dedication is required, from the resultin.q property line after dedication.
Side street building fronta.qe and setbacks shall comply with the
applicable roadway requirements in Tables 4.4.13-1 and 4.4.13~2.
For corner lots frontin.q on Atlantic Avenue, Pineapple Grove Way, NE
and SE 5tn Avenues, or NE and SE 6~ Avenues the same development
standards that apply on Atlantic Avenue, Pineapple Grove Way, NE and
SE 5t~ Avenue, and NE and SE 6m Avenue shall apply to the first sixty
(60) feet, taken from the Atlantic Avenue, Pineapple Grove Way, NE
and SE 5 TM Avenue, or NE and SE 6t~ Avenue property line, or if a
dedication is required, from the resulting property line after dedication.
S.~NIE DEVELOPMENT
ST*~NDARDS SHALL APPLY
TO THE FIRST 60 FT.
PRIMARY R.O.W.
FIRure 4.4.t3-10 - Corner lots with Atlantic Avenue, Plneaoole Grove Way. NE/SE 5t~ Avenue or
NE/SE 6TM Avenue Frontaoe
(6) Rear setback for all buildin.q floors shall be a minimum of ten feet (10') from
the property line.
34 ORD. NO. 21-04
(7) Structures Allowed Within Setback
(a) Balconies may encroach a maximum of four feet (4') into the setbacks.
LOflRias and Trellises above the qround floor are allowed to encroach
into the setbacks provided they do not exceed the required buildin.q
setback of the portion of the floor directly below it.
(c) Roof Eaves may encroach into the setbacks a maximum of four feet
(4').
BALCONIES 4 FT. MAX~
PROPERTY UNE
Figure 4.4.13-11 - Encroachments
SECTION 10. That Section 4.4.13, "Central Business (CBD) District," Subsection
4.4.13(G), "Supplemental District Regulations," of the Land Development Regulations
of the Code of Ordinances of the City of Delray Beach, Florida, be, and the same is
hereby amended to read as follows:
(G) Supplemental District Regulations: In addition to the supplemental district
regulations as set forth in Article 4.6, except as modified below, the following shall
also apply.
(1) Parking:
(a) Within that portion of the CBD bounded by Swinton Avenue on the west,
N.E. 1st Street on the north, the Intracoastal Waterway on the east and
35 ORD. NO. 21-04
(b}
(c)
(d)
(e)
S.E. 1st Street on the south, the parking requirements for all non-
residential uses, except restaurants, shall be one space for each 300
square feet or fraction thereof. The parking required for the creation of
new floor area, shall also include the replacement of any previously
required parking which may be eliminated. Within all other geographic
areas of the CBD Zone District, the provisions of Section 4.6.9(C) shall
apply, as further modified within this Subsection (G)(1).
When the parking requirements are applied to either new development,
expansion of an existing use or a change in use, which results in the
requirement of only one new parking space, a one space exemption
shall be allowed. This exemption may only occur once per property.
If it is impossible or inappropriate to provide required parking on-site or
off-site, pursuant to Subsection 4.6.9(E)(4), the in-lieu fee option
provided in Section 4.6.9(E)(3) may be applied.
The parking requirement for restaurants is established at six (6) spaces
per 1,000 square feet of floor area
The parking requirements for residential units in multi-family structures
and mixed-use buildings shall be as follows:
· Efficiency dwelling unit 1.0 space/unit
· One bedroom dwelling unit 1.25 spaces/unit
· Two or more bedroom dwelling unit 1.75 spaces/unit
· Guest parking shall be provided cumulatively
as follows:
- for the first 20 units 0.50 spaces/unit
- for units 21-50 0.30 spaces/unit
- for units 51 and above 0.20 spaces/unit
Within Townhouse and Townhouse type developments, parking may
be provided in front of garage units provided that such parking does not
result in the space for one unit impeding access to a space of the other
unit.
Location of Guest Parking Spaces: Guest parking spaces must be
accessible to all visitors and guests and may be centralized or located
near recreational features within a development project.
36 ORD. NO. 21-04
SECTION 11. That Section 4.4.13, "Central Business (CBD) District," Subsection
4.4.13(I), "Performance Standards," of the Land Development Regulations of the Code
of Ordinances of the City of Delray Beach, Florida, be, and the same is hereby
amended to read as follows:
(I) Performance Standards: These standards shall apply to all applications for new
development and modification of existing developments which would result in a
density greater than thirty (30) dwelling units per acre.
(1)
The maximum permissible density of a particular project will be established
through the conditional use process, based upon the degree to which the
development complies with the performance standards of this section, the
raquirad findings of Section 2.4.5(E), and other applicable standards of the
comprehensive Plan and Land Development Regulations. Notwithstanding
the above, the approving body may deny an application for increased density
where it is determined that the proposed project is not compatible in terms of
building mass and intensity of use with surrounding development.
(2) The applicable performance standards for development under this section
are as follows:
(a)
The development offers variation in design to add interest to the
elevations and relief from the building mass. Fc; ..... v.._...~..v,~ ~h,,...v ---"--"'~h";~'~;"-
Building elevations incorporate several of the following elements:
diversity in window and door shapes and locations; features such as
balconies, arches, porches; and design elements such as shutters,
window mullions, quoins, decorative tiles, or similar distinguishing
features.
(b)
If the building includes a parking garage as an associated structure or
within the principal building, the garage elevation provides unified design
elements with the main building through the use of similar building
materials and color, vertical and horizontal elements, and_architectural
style Thc gcrcg~ '
37 ORD. NO. 21-04
(c)
(d)
e)dt~. Development of a portion of the ground floor perimeter adjacent
to street rights of way is devoted to window displays or floor area for
active uses such as retail stores, personal and business service
establishments, entertainment, offices, etc., is encouraged.
A number of different unit types, sizes and floor plans are available
within the development. Two and three bedroom units are encouraged,
as are a combination of multi-level units and flats. In projects consisting
of more than twelve (12) dwelling units, the proportion of efficiency or
studio type units may not exceed 25% of the total units, there is no
maximum percentage established for projects having twelve (12) or
fewer units, however, a mix of unit types and sizes is encouraged.
The preiect desi.qn shall create an overall unified architectural character
and imaqe by the use of common elements between the buildinq/s),
parkin.q lot, and landscapinq. Examples of some features that could be
incorporated to meet this standard are: Freestandin.q li.qht poles and
exterior li.qht fixtures that are decorative and consistent with the
(e)
(f)
architectural treatment of the buildin.q(s); pedestrian amenities such as
benches, shaded walkways, and decorative pavement treatment, that
are similar in forms, colors, materials, or details as the architecture of
the buildinR(s); focal points such as public art, water feature/fountain,
courtyard or public plazas desiqned to connect different uses alon.q a
continuous pedestrian walkway; or a combination of similar features that
meet the intent of this standard.
The development provides common areas and/or amenities for
residents such as swimming pools, exercise rooms, storage rooms or
lockers, covered parking, gardens, courtyards, or similar areas and/or
amenities.
The development promotes pedestrian movements by providing
convenient access from the residential units to the public sidewalk
system. Pedestrian areas adjacent to the building are enhanced by
providing additional sidewalk area at the same level as the abutting
38 ORD. NO. 21-04
public sidewalk. Accessways to parking areas are designed in a manner
that minimizes conflicts between vehicles and pedestrians. The public
street or streets immediately adjacent to the development are enhanced
in a manner that is consistent with the streetscape in the downtown area
(i.e., installation of landscape nodes, extension of_existing paver block
system, installation of approved street lighting, etc.).
(g)
The development provides opportunities to share parking, accessways,
driveways, etc., with adjoining properties, or provides additional parking
spaces that may be used by the public.
(h)
Projects fronting on Atlantic Avenue, N.E. 1st Street, or S.E. 1st Street
contain nonresidential uses on the ground floor. Thc ncn;csldcn+Jcl
least fi~ percent (50%) of the sudace area of the front street wall(s) at
the ground floor of each such building is devoted to display windows_and
to entrances to ~mmercial uses from outside the building.
The landscape plan for the development preserves and incorporates
existin.q native ve.qetation (where available), provides new landscapin.q
that is in excess of minimum standards (in heiqht and quantity),
demonstrates innovative use of plant material, improves site desiqn,
provides useable open space or public plazas, and maximizes available
areas for pedestrian interaction. If necessary to achieve this standard,
the proiect may exceed the maximum setback area on the qround floor.
(3)
It is acknowledged that it may not be possible for projects which involve the
modification of existing structures to comply with many of the above
referenced standards. For those types of projects, the ultimate density
should be based upon compliance with those standards which can be
reasonably attained, as well as the project's ability to further the goal of
revitalizing the central business district (i.e., adaptive reuse of older structures
and the provision of housing in close proximity to employment opportunities
and services).
SECTION 12. That Section 4.4.24, "Old School Square Historic Arts (OSSHAD)
District," Subsection 4.4.24(A), "Purpose and Intent," of the Land Development
Regulations of the Code of Ordinances of the City of Delray Beach, Florida, be, and the
same is hereby amended to read as follows:
(A) Purpose and Intent: The Old School Square Historic Arts District (OSSHAD) is a
mixed use district which is intended to:
*(1) Provide for mixed uses of residential, office, and commercial activities, with
an emphasis on the arts, that will encourage the restoration or preservation of
historic structures and, yet, maintain and enhance the historic and pedestrian
scale of the area;
39 ORD. NO. 21-04
*(2) Stimulate greater awareness and pdde in the City's architectural heritage,
and create an atmosphere and feeling of "Old Delray Beach";
*.~ Improve the environmental quality and overall livability of this Historic Distdct
and stabilize and improve property value therein, and;
*(4) Allow uses which promote preservation and adaptive reuse of all structures
within the District.
SECTION 13. That Section 4.4.24, "Old School Square Historic Arts (OSSHAD)
District," Subsection 4.4.24(F), "Development Standards," of the Land Development
Regulations of the Code of Ordinances of the City of Delray Beach, Florida, be, and the
same is hereby amended to read as follows:
(F) Development Standards: The development standards as set forth, for the
OSSHAD District, in Section 4.3.4 apply, except for:
(1) The following locations shall be subject to the development standards of the
CBD Zone District:
(c~) (a) Lots 1- 7 and 19-24, Block 69
(-d) (b) Lots 7- 8, Block 75
(e-) (c) Lots 1- 6, Block 76
(2) The followinq locations shall be subject to the development standards of the
GC Zone District:
(a) Lots 13-16, Block 60
(b) Lots 1- 4, Block 61
(2-)(3)Parcels located along N.E. 1st Avenue between N.E. 2nd Street and N.E. 3rd
Street (Banker's Row) shall comply with either provisions of Section 4.3.4 or
provisions of the Banker's Row Development Plan, whichever is more
permissive.
SECTION 14. That Section 4.4.28, "Central Business District - Railroad Corridor (CBD-
RC) District," Subsection 4.4.28(F), "Development Standards," of the Land
Development Regulations of the Code of Ordinances of the City of Delray Beach,
Florida, be, and the same is hereby amended to read as follows:
(F)
Development Standards: The development standards set forth in Section 4.3.4,
and the development standards of Section 4.4.13(F) shall apply, except as
modified below:
40 ORD. NO. 21-04
(1) Open Space. A minimum of ten pement (10%) non-vehicular open space
shall be provided.
SECTION 15. That Section 4.6.4 "Special District Boundary Treatment," Subsection
4.6.4(A), "Commercial Zoning adjacent to Residential Zoning," of the Land
Development Regulations of the Code of Ordinances of the City of Delray Beach,
Florida, be and the same is hereby amended to read as follows:
Section 4.6.4 Special District Boundary Treatment: The following special distdct
boundary treatments are to be minimums. If other treatments are required, the
requirements which provide for the greatest separation and most buffering shall apply.
(A) Commercial Zoning Adjacent to Residential Zoning or Zoning Districts with a
Thirtwfive (35) Foot Height Limitation:
Properties subiect to the development standards of the Central Business
District (CBD) or General Commercial (GC) District within the West Atlantic
Neiqhborhood (WAN) shall comply with the followin.q:
Where the rear or side of a property directly abuts a zoninq distdct
with a heiqht limitation of thirty-five feet (35') without any division or
separation between them of thirty feet (30') or more, such as a street,
alley, railread, waterway, park, or other public open space, the
followin.q shall apply:
(i)
For buildinRs or portion of the buildin.qs thirty-seven feet (37') or
less in hei.qht, a ten foot (10') minimum buildin.q setback from the
property line shall be provided.
For buildin.qs above thirty-seven feet (37') in hei.qht, a twenty-two
foot (22') minimum buildin.q setback from the property line shall
be provided for the portion of the buildinR that is over thirty-seven
feet (37') in hei.qht.
A solid finished masonry wall six feet in hei.qht, or a continuous
hed.qe at least 4-1/2 feet in hei.qht at the time of installation, shall
be located inside and adjacent to the portion of the boundary line
of the commercially zoned property which directly abuts the
residentially zoned property. If a wall is used, it shall have only
those openin.qs as required by other city codes to meet hurricane
or severe storm construction standards. No walkways or other
pedestrian ways shall be located throuqh the wall or hed.qe.
All other commercially zoned properties shall comply with the followinR:
/r-l-)(a) Where the rear or side of commercially zoned property directly abuts
residentially zoned property without any division or separation between
them, such as a street, alley, railroad, waterway, park, or other public
41 ORD. NO. 21-04
open space, the commercially zoned property shall provide a ten-foot
building setback from the property line located adjacent to the
residentially zoned property. In addition, either a solid finished
masonry wall six feet in height, or a continuous hedge at least 4-1/2
feet in height at the time of installation, shall be located inside and
adjacent to the portion of the boundary line of the commercially zoned
property which directly abuts the residentially zoned property. If a wall
is used, it shall have only those openings as required by other city
codes to meet hurricane or severe storm construction standards. No
walkways or other pedestrian ways shall be located through the wall or
hedge.
Where the rear or side of commercially zoned property does not
directly abut residentially zoned property but is separated from it by an
alley, the commercially zoned property shall provide a ten-foot building
setback from the property line located adjacent to the separator.
SECTION 16. That Section 4.6.18, "Architectural Elevations and Aesthetics," of the
Land Development Regulations of the Code of Ordinances of the City of Deiray Beach,
Florida, be, and the same is hereby amended to read as follows:
(A) Minimum Requirements:
(1) The requirements contained in this Section are minimum aesthetic standards
for all site development, buildings, structures, or alterations except for single
family development.
(2) It is required that all site development, structures, buildings, or alterations to
same, show proper design concepts, express honest design construction,
and be appropriate to surroundings.
(B) Building and Structure Requirements:
(1)
Buildings or structures which are a part of a present or future group or
complex shall have a unity of character and design. The relationship of forms
and the use, texture, and color of materials shall be such as to create a
harmonious whole. When the area involved forms an integral part of, is
immediately adjacent to, or otherwise cieady affects the future of any
established section of the City, the design, scale and location on the site shall
enhance rather than detract from the character, value, and attractiveness of
the surroundings.
(2)
Buildings or structures located along strips of land or on single sites, and not
a part of a unified multi-building complex, shall strive to achieve visual
harmony with the surroundings. If they are built in undeveloped areas, the
three primary requirements shall be met: express honest design
construction, show proper design concepts, and be appropriate to the City.
42 ORD. NO. 21-04
(3)
All facades visible to public or adjacent property shall be designed to create a
harmonious whole. Materials shall express their function clearly and not
appear as a material foreign to the rest of the building.
(4)
To be harmonious, it is not to be inferred that buildings must look alike or be
of the same style. Harmony can be achieved through the proper
consideration of scale, proportion, site planning, landscaping, materials, and
color.
(5)
Look-alike buildings are not allowed unless, in the opinion of the Site Plan
Review and Appearance Board or the Historic Preservation Board, there is
sufficient separation to preserve the aesthetic character of the present of
evolving neighborhood. This is not to be construed to prohibit duplication of
floor plans and exterior treatment in a planned development where, in the
opinion of the Board, the aesthetics of the development depend upon, or are
enhanced by the look-alike buildings and their relationship to each other.
(6)
Buildings, which are of symbolic design for reasons of advertising, unless
otherwise compatible with the criteria herein, will not be approved by this
Board. Symbols attached to buildings will not be allowed unless they are
secondary in appearance to the building and landscape and are an aesthetic
asset to the building project and neighborhood.
(7)
Exterior lighting may be used to illuminate a building and its grounds for
safety purposes, but in an aesthetic manner. Lighting is not to be used as a
form of advertising in a manner that is not compatible to the neighborhood or
in a manner that draws considerably more attention to the building or grounds
at night than in the day. Lighting following the form of the building or part of
the building will not be allowed if, in the opinion of the Board, the overall
effect will be garish or detrimental to the environment. All fixtures used in
exterior lighting are to be selected for functional aesthetic value.
(8) Building surfaces, walls, and roofs that are considered gadsh by the Board
will be denied approval.
(9)
"Take-out" or "pick-up" windows or doors cf
establishments shall not be located on a building facade that faces a public
right-of-way, unless they are designed in a manner as to be an aesthetic
asset to the building and neighborhood.
(10) All exterior forms, attached or not to buildings, shall be in conformity to, and
secondary to, the building. They shall be an asset to the aesthetics of the
site and to the neighborhood.
(11 ) All telephones, vending machines, or any facilities dispensing merchandise,
or a service on private property, shall be confined to a space built into the
43 ORD. NO. 21-04
building or buildings or enclosed in a separate structure compatible with the
main building.
(12) Gasoline Stations:
(a)
Symbolic color of the exterior facades or roofs may not be used unless
they are harmonious with the atmosphere of the neighborhood and the
city.
(b)
Exterior display of goods for sale or displays designating a service will
not be allowed, except that a display of goods and tools of a service may
be displayed on the pump island, provided the island is not considered
by the Site Plan Review and Appearance Board or Historic Preservation
Board to be enlarged to take advantage of this provision, and provided
the goods and tools be such that they can be used or installed at the
island. For example: An oil rack is acceptable, but a tire display is not.
(13) Outbuildings and Shopping Centers:
(a) Rule: Outbuildings within a shopping center shall be compatible in
terms of color, materials, and architectural style.
(b)
Procedure: The Site Plan Review and Appearance Board shall make a
finding of such compatibility prior to approval of outbuilding elevations.
If the Board determines that there is not compatibility with respect to any
of the items, then it shall deny the elevations. However, if the Board
feels, despite the incompatibility, the elevations should be approved they
shall forward the elevations to the City Commission with a
recommendation of approval and the City Commission shall take final
action.
44 ORD. NO. 21-04
Buildings within the Downtown Area: These additional criteria shall be
applicable to buildin.qs located within the CBD and those areas within the GC
within the West Atlantic Nei.qhborhood (WAN), OSSHAD, CBD-RC zoninq
districts. In case of conflict, the more restrictive re.qulation shall apply. All
buildin.qs shall comply with the followinq requirements:
(i) Roofs and Gutters:
1) Roof eaves above pedestrian walkways must be quttered to
promote a pedestrian friendly environment.
2) Roofs and gutters must be built of durable materials and
integrated into the architectural des .qn of the bui din.q.
Flat roofs shall be screened from adiacent properties and
streets with decorative parapets. The maximum hei.qht of the
parapet wall shall be six feet (6') in hei.qht or sufficient heiqht
to screen all roof mounted equipment, whichever is qreater,
measured from the top of the roof deck to the top of the
parapet wall. Exception to the heiqht requirements shall be
pursuant to Section 4.3.4(J).
Roof mounted electrical, mechanical, air conditionin.q, and
communication equipment shall be completely screened from
adiacent properties and streets. A si.qht line study with the
followinq information shall be submitted to Site Plan Review
and Appearance Board for approval:
A two-dimensional cress section, at a minimum scale of
1:100, of the site showinq the buildin.q with the equipment
screenin.q in relation to the adiacent properties or public
street~
Graphic illustration showing that the equipment is not
visible within a 200 foot radius. The radius shall be
measured from the exterior side of the screen to a point
ten feet (10') above finished .qrade.
5) Prohibitions:
a_) Flat asohalt shinales.
13) Plastic gutters.
45 ORD. NO. 21-04
(ii)
Walls:
1) Materials:
There shall be a maximum of two (2) pdmary materials,
excluding windows, doors, accents and trims. These
materials shall be appropriate to the building style and
shall be consistent on all sides of the buildinR. The
materials shall be complementary and create visual
interest, such as shadow and depth, to the buildin.q walls.
Materials used to simulate other materials shall count as
separate materials provided there is a chan.qe in texture,
color, and pattern of the finish.
Materials or patterns not expressly prohibited may be
used if the overall effect is complementary to the overall
architectural character and context of the adjacent
properties.
Metal curtain walls shall be limited to 30% of the total
buildin.q exterior elevation.
Small setbacks or indentations, a minimum depth of ei.qht
inches (8"), shall be incorporated into a minimum 30% of
all buildin.q facades without any windows and doors.
e) Prohibitions:
i_) Prefabricated and pre-en.qineered metal wall
panels.
ii) Metal curtain wall systems with 100% qlass and
metal combination.
Chain link fences are prohibited except within sites
containin.q outdoor recreation uses or facilities such
as baseball, tennis, racquetball, etc. in which case
they must be appropriately screened with
landscaoino pursuant to Section 4.6.16.
Accessory structures such as perimeter fences and walls,
enclosures used for the screenin.q of mechanical and electrical
equipment, Ioadin.q and service areas, and/or dumpster and
recyclin.q areas shall be consistent with the amhitectural
treatment of the principal buildinq.
3) Treatment of blank walls:
46 ORD. NO. 21-04
Where blank walls are unavoidable due to the
requirements of a particular land use or structural needs,
they shall not exceed a len.qth of fifty feet (50'), or twenty
percent (20%) of the lenqth of the buildinq facinq the
street, whichever is less.
b)
Blank wall sections of allowed lenRths shall receive one
(1) or more of the followin.q coecial desiqn treatments in
order to increase pedestrian comfort or create visual
interest:
i) Vertical trellis in front of the wall with climbin.q vines
or other plant materials over at least 30% of the
blank wall surface.
Control and expansion ioints used in a decorative
pattern with varied materials or textures and spaced
a maximum of ten feet (10') on center. Relief and
reveal depth, if used in a pattern, shall be a
minimum of three-quarter (3/4) inch and shall be a
minimum of 30% percent of the blank wall surface.
Small setbacks, proiections, or indentations with a
minimum depth of eiqht inches (8"), or intervals of
material chan.qe to break up the wall's surface.
iv) Additional architectural details such as Dilasters.
medallions, decorative panels or castin.qs,
decorative accent tiles, Iouvered vents, or public art
shall be inte.qrated on any exterior wall to avoid a
blank wall appearance.
(iii) Arcades, Porches, Trellises. Lo(3(~ias and Balconies:
11 Materials:
a_.)Buildin.q materials shall be compatible with the
architectural treatment of the principal buildin.q.
Exterior walls or vertical surfaces shall not exceed 85%
of the ienqth of the arcade, porch, Io.qqia, or balcony.
Columns and post~:
The spacin.q between columns shall have a hei.qht to
width or width to hei.qht ratio of 1:1, 2:1, 2:3, 3:1 or 5:1 or
a proportion that will emphasize the buildin.q's vertical or
47 ORD. NO. 21-04
horizontal articulation or rhythm and incremental
appearance. The maximum spacing between columns.
from centerline to centerline shall be twenty-four feet
(24').
b__) Structural columns or posts shall be a minimum of twelve
inches (12") in width or depth. Decorative posts or
columns with or without a lateral attachment, such as
railings, beams, trellis, or lattice, shall be a minimum four
inches (4") in size, width, or depth.
c_) Arches over columns that are part of an arcade shall
have no less than twelve inches (12") in depth.
Windows and Doors:
Window and door shutters and decorative trims and moldings
shall be sized to match the dimensions of the wall openings.
The minimum transparency or glass surface area on the
ground floor wall area of all non-residential buildinqs, shall be
a minimum of 75% of the wall area for that elevation. All
storefronts or glass areas abutting the street shall be
transparent, non-solar or non-mirrored, and have a light
transmission reduction of no more than twenty percent (20%).
Garage doors, entrances and exits with street frontage shall
be desi.qned to have a decorative appearance consistent with
the overall architectural composition of the proiect.
All public entries, excludinq emergency exits, shall be easily
identifiable and integrated into the building architecture. Each
freestanding principal structure shall have a minimum of one
cleady defined primary public entrance feature.
5_) Prohibitions:
a_} Security bars on storefronts or display windows.
Back lit canopies or awninqs, neon or fluorescent
lighting, unless incorporated into the architectural
concept of the project or public artwork and approved by
the Site Plan Review and Appearance Board or the
Historic Preservation Board. An example of this may be a
design element associated with an Art Deco proiect.
Miscellaneous:
48 ORD. NO. 21-04
A change in roof design, doors and window rhythm and
articulation, and building materials or textures shall be
required every 150 feet alon.q a buildin.q's street fronta.qe.
Minimum spacin.q between the same architectural composition
shall be 300 feet.
A maximum of four (4) base wall colors shall be used for each
building, except as required for artworks as approved bv the
Site Plan Review and Appearance Board or Historic
Preservation Board.
Miscellaneous free standincl, wall or ground mounted
appurtenances such as electrical and .qas meters,
dumpster/recyclinR, trash compactors, qas tanks, air
conditioning and communication equipment shall be enclosed
or screened and integrated into the buildin.q's amhitectural
treatment. The appurtenances shall also be prohibited within
the front yards.
Pedestrian amenities shall be inteqrated into the overall
project design. These features shall be desiqned as a focal
point of a buildin.q, within a public plaza, or to facilitate
pedestrian movement from a more intensive land use such as
a retail use to a less intensive land use such as an office use.
Similar architectural treatment shall be provided on all sides of
the building.
Cross-ventilation, energy efficiency, and green buildinq desiqn
shall be considered for all projects.
(vi)
Parkin(~ (~ara(~es: Above (3round Darkin(~ oaraoes shall comolv with
the architectural requirements of this Section and the following
additional requirements:
Ramps shall be visually screened from streets and adiacent
residential zoning districts and oriented towards the interior of
the lot within a proiect where possible. Ramp profiles shall be
hidden on the exterior elevations.
Roof top parkinq shall be visually screened with articulated
parapet walls or other architectural treatment acceptable to
the Site Plan Review and Appearance Board. Exterior lighting
shall utilize fixtures provided with cut-off shielding in order to
eliminate glare and spillaqe onto adiacent properties and
roadways.
49 ORD. NO. 21-04
(c)
The openin,qs of the ,qara,qe shall be desiqned in a manner
that obscures parked vehicles. Decorative architectural
elements on the ,qround floor level shall be desiqned to
accommodate the pedestrian scale. ParkinCl levels above the
Rround floor shall maintain the same vertical and horizontal
articulation or rhythm and incremental appearance established
on the ,qround floor.
Due to the requirements of a particular land use or structural
needs. Darkina qaraqes or the RaraRe portion of the buildinR
may request an increase from the buildinR frontaRe
requirements (to a maximum of 100% for all floors) or a waiver
from the setback requirements of Section 4.4.9(F)(2)(c) and
Section 4.4.13(F)(3) (for portions of the buildinq above twenty-
five feet) subiect to compliance with the followin,q
requirements:
The ,qaraqe or the Raraae oortion of the buildina
elevation provides unified desiRn elements with the main
buildinR throu.qh the use of similar materials and color,
vertical and horizontal elements, and architectural style.
A minimum 50% of the ,qround floor perimeter of the
.qara,qe or the ,qara,qe portion of the buildinR adiacent to
street riRht-of-ways shall be devoted to window disolavs
or floor area for active uses such as retail stores,
personal and business service establishments,
entertainment, offices, etc .... This number may be
reduced by the Site Plan Review and Appearance Board
or the Historic Preservation Board.
Amhitectural features shall be incorporated into the
facade to miti,qate the buildinR's mass and bulk and
alon,q portions of the buildin,q adjacent to street d,qht-of-
ways.
(vii) In addition to the requirements of this Section. buildinas within the
Pineapple Grove Main Street Nei,qhborhood shall comply with the
Desiqn Guidelines contained within the Pineapple Grove Main
Street NeiRhborhood Plan. The Pineapple Grove Desi,qn Review
Committee shall review the project for compliance with the
Pineapple Grove Nei,qhborhood Plan prior to action by the Site
Plan Review and ^ppearance Board and the Historical
Preservation Board.
Exterior Space: The scale of extedor space is to be relative to its neighborhood,
adjacent properties, buildings, access (reads and pedestrian routes), and its
activity. Building facades enclosing a space must be harmonious. Where,
50 ORD. NO. 21-04
because of their use or age, like facades ara not possible, consideration should be
given to unifying the walls of the space by the application of landscaping, or man-
made objects of like design, at modular spacing. The floor of a space is of primary
importance. Its materials, texture, and color, contour, and shadow on it are to be
considered, not only in relation to the space, but to its setting. Careful
consideration shall be given to the preservation of natural vistas and to the future
development of vistas which open into undeveloped araas.
(D) Parking Lots and Vehicular Use Areas:
(1)
Parking lots and other vehicular use araas are to be designed as an aesthetic
asset to a neighborhood and to the building, group of buildings, or facility they
serve. A parking lot is to be considerad an outside, transitional space which
is located between the access (such as roads) and the building, group of
buildings, or other outside spaces, which it serves. The parking lot, because
it is viewed from above as well as at eye level, should be designed
accordingly.
(2)
Parking lots, vehicular use araas, and their parked vehicles ara to be
effectively screened from the public view and from adjacent property in a
manner that is attractive and compatible with safety, the neighborhood, and
facilities served.
(3)
The atmosphera within the parking lot and vehicular use araa is to be park-
like, rather than the harsh hardstand of paving. Traes ara of primary
importance in the landscape. They ara not to be minimized in either height or
quantity. The trae imparts, especially in a ralatively flat araa, a sense of
three-dimensional space. It casts shadows that reduce the monotony of the
expanse of paving and craates a refuge from the tropical sun. Signs
designating entrances, exits, and ragulations are to be of a tasteful design
and subject to review by the Site Plan Review and ^ppearance Board or the
Historic Praservation Board. The pavement is to be mora than wall-to-wall
asphalt.
(4)
It is racommended that pavement be vaded in texture or color designating
lanes for automobile traffic, pedestrian walks, and parking spaces. Bright-
colored pavement is to be used only with restraint. In order to craate a
pleasant atmosphere, it is racommended that consideration be given to
sculptura, fountains, gardens, pools, and benches. Design emphasis is to be
given to the entrances and exits to the lot. Trash, refuse, and unaesthetic
storage and mechanical equipment should be screened from the parking lot.
(5)
Lighting is to be designed not only from the standpoint of safety and
rasistance to vandalism, but for visual effect. It should avoid any annoyance
to the neighbors from brightness or glare. It should not impart a prison-like
atmosphera. Low lights of a modest scale can be used along with featura
lighting emphasizing plants, trees, barriers, entrances, and exits. The fixtures
are to be selected not only for their functional value, but for their aesthetic
51 ORD. NO. 21-04
qualities. They are to be considered furniture of the parking lot visible both
day and night.
Criteria for Board Action: The following criteria shall be considered, by the Site
Plan Review and Appearance Board or Historic Preservation Board, in the review
of plans for building permits.
If the following criteria are not met, the application shall be disapproved.
(a) The plan or the proposed structure is in conformity with good taste,
good design, and in general, contributes to the image of the City as a place of
beauty, spaciousness, harmony, taste, fitness, broad vistas, and high quality.
(b) The proposed structure, or project, is in its exterior design and
appearance of quality such as not to cause the nature of the local
environment or evolving environment to materially depreciate in appearance
and value.
(c) The proposed structure, or project, is in harmony with the proposed
developments in the general area, with the Comprehensive Plan, and with the
supplemental criteria which may be set forth for the Board from time to time.
(4.6.18 (B)(14))
SECTION 17. That "Appendix A - Definitions" of the Land Development Regulations of
the Code of Ordinances of the City of Deiray Beach, Florida. be, and the same is
hereby modified as follows and re-alphabetized:
Accent/trim. An architectural element such as moldin.qs, stucco bandin.q, tile inset,
medallions, pilasters, vents and louvers, etc. that is used to emphasize or supplement
the architectural composition of a buildinR.
Arcade A covered walk with mixed-uses, residential, or non-residential uses on one
side and a line of arches or colonnades raised on columns or piers on the other side.
For the purposes of this Code, a street is usually located adiacent to the side of the
arcade which contains the line of arches or colonnades.
Architectural Composition The scale, hei.qht, mass, proportion, color, form, style,
detail, treatment, texture, construction material, and roof desiRn of a proiect or buildin.q.
Articulated Parapet A parapet with hei.qht variations and decorative architectural
treatment.
Balcony A proiectin.q platform on a buildin.q, sometimes supported from below,
sometimes cantilevered; enclosed with a railin.q or balustrade.
52 ORD. NO. 21-04
Blank Walls Any wall or portion of a wall twenty (20) or more feet in len.qth that is
visible to the public and is without windows, doors, wall openinRs, or other architectural
treatments.
BuildinR FrontaRe
The buildincl fmntacle for an interior lot is the portion of the lot abuttin.q the primary
street minus the required side setbacks.
(13) The buildinq frontaqe for the primary street side of a comer lot is the portion of the
lot abuttin.q the primary street minus the required side setbacks.
(c) The buildin.q fronta.qe for the secondary street side of a comer lot is the portion of
the lot abuttin.q the secondary street minus the required front and rear setbacks.
.~ Buildinq fmntaqe is expressed in percentaRes and may vary from floor to floor.
Compatible/compatibility Desi.qn which utilizes accepted site planninq (e.cl. buildinq
placement orientation and sitin.q) and the elements of architectural composition within
the context of the surroundin.q area. Similar adjacent land uses or square foota.qe shall
not necessarily constitute architectural compatibility.
Complement/complementary Havinq similar amhitectural composition.
LoRgia An amade that is roofed but open alon.q the front or side of a buildincl, and
often on an upper level
Liner BuildinR A buiidinq, minimum twenty foot (20') in depth, taken from the buildin.q
frontaqe line to the rear of the buildinq, with a storefront or a nonresidential use alonR
the street. These buildin.qs also are used to hide the .qround floor of parkinq .qara.qes or
blank buildinq walls, restore claps in the streetscape between buildinqs, or create new
mixed-use spaces in small increments of development. When done in continuous
sections, these buildinRs can provide continuous street frontaRes. Typically, a liner
buildin.q footprint is not deeper than one row of parkinq spaces.
Live/work A space which contains a residential unit and a nonresidential use with a
common entrance. The occupant of the residential unit must be the proprietor or owner
of the business that occupies the nonresidential portion of the buildin.q. For buildincls
with more than one story, the residential unit shall be accessed from the nonresidential
portion of the buildinq by a common stair or elevator. The residential unit shall be
limited to a maximum of 1,500 square feet.
Metal curtain wall An exterior buildin.q wall which carries no roof or floor loads and
consists entirely or principally of metal, or a combination of metal and qlass, and other
surfacinR materials supported by a metal framework.
Street A strip of land, owned privately or publicly, which affords le.qal access to
abuttinR land and is desiqnated for vehicular traffic. "Street" includes road,
53 ORD. NO. 21-04
thorou.qhfare, parkway, avenue, boulevard, expressway, lane, throu.qhway, place, and
square or however otherwise desi.qnated. Streets are further classified accordin.q to the
function they perform.
Public Plaza A portion of land which is available to the public for respite, civic or
assembly uses. Seatin,q or dininq area for a tenant shall not be counted as part of the
public plaza. Public plazas must have a minimum size of 150 square feet in area and a
minimum len.qth or width of ten feet (10') may and may include impervious surfaces
such as concrete, pavers, brick, or other decorative surface treatment.
SECTION 18. SEVERABILITY: That should any section or provision of this ordinance
or any portion thereof, any paragraph, sentence, or word be declared by a curt of
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 19. REPEAL OF LAWS IN CONFLICT: That all ordinances or parts of
ordinances in conflict herewith be, and the same are hereby repealed.
SECTION 20. CAPTIONS: The captions, section headings, and section designations
used in this ordinance are intended for the convenience of users only and shall have no
effect in the interpretation of the provisions of this ordinance.
SECTION 21. INCLUSION IN THE LAND DEVELOPMENT REGULATIONS: The
provision of this ordinance shall become and be made a part of the Land Development
Regulations of Delray Beach, Florida. The Sections of the ordinance may be
renumbered or re-lettered to accomplish such, and the word "ordinance" may be
changed to "section," "article," or any other appropriate word.
SECTION 22. EFFECTIVE DATE: The previsions of this ordinance shall become
effective thirty (30) days after the ordinance is adopted by the City Commission.
54 ORD. NO. 21-04
PASSED AND ADOPTED in regular session on second and final reading on this the
day of ,2004.
ATTEST:
MAYOR
City Clerk
First Reading
Second Reading __
55 ORD. NO. 21-04
CITY OF DELRAY BEACH
NOTICE OF PROPOSED AMENDMENT
TO'I~E LAkD DE~ RE:G~
TO PROVIDE DESIGN GUIDELINES FOR
DEVELOPMENTS IN ORDER TO
IMPLEMENT THE DOWNTOWN DELRAY
BEACH MASTER PLAN
~ City (~ommission of the City of Delray Beach, R~da, proposes to adopt the fol-
lowing o~dinance:
OROINANCE NO. 21-04
AN ORDINANCE OF THE CITY COMMIBSION OF THE CITY OF DELRAY REACH, FLORI-
DA, AMENDING THE LANO DEVELDPMPJdT REGULATIONS OFTHE CODE OF ORDI-
NANCES, GY AMENDING SECTION 1.4.1, "iNTERPRETATION OF THE LAND OEVFJ_-
OPMENT REGULATIONS"; SUGSECTION 2.4,3(G), "ARCHITECTURAL ELEVATIONS";
SUBSECTION 4.3.3(0), "TOWNHCORES AND TOWNHOUSE TYPE OF DEVELOP-
MENT"; SOR-SUBSECTION 4~3.4(J)(4), "iNCREASES TO HEIGHT REGULATIONS";
SUBSECTION 4.3.4(k~, "DEVELOPMENT STANOANDS MATRIX"; SUBSECTION
4.4,9(F), "DEVELOPMENT STANDARDS"; SUB-SUBSECTION 4.4.9{G)(1), "W~ST
ATLANTIC AVENUE OVERLAY OISTRICT SUPPLEMENTAL DISTRICT REGULATIONS";
SUBSECRON 4.4.13(A), "SURPDSE AND INTENT'; SUBSECRON 4.4.13(F), 'DEVEL-
OPMENT STANDARDS"; SUBSECRON 4.4.13(G)i "SUPPLEMENTAL DISTRICT REGU-
LATIONS"; SUDSECTION 4.4.13(I), ;PERFORMANCE STANDARDS"; SUBSECTION
4.4.24(A), "PURPOSE AND INTENT'; SUBSECTION 4.4.24{F), "DEVELOPMENT STAN-
DARDS"; SUBSECTION 4.4.28(~, 'DEVELOPMENT STANDARDS'; SURSECTION
4.6.4(A), "COMMERCIAL ZONING ADJACENT TO RESIDENTIAL ZONING'; SUBSEC-
TION 4,6.18, "ARCHITECTHRAL ELEVATIONS AND AESTHETICS"; AND/~PENDIX
"A", "DEFINmONS", TO IMPLEMENT THE DOWNTOWN DELRAY BEACH MASTER
PLAN; TO MmGATE MASS/SCALE AND UNIFORM MONOMTHIC APPEARANCE OF
LARRE BUILDINGS; AND TO PROVIDE THAT THE ARCHITECTURAL COMPOSITION OF
NEW DEVELOPMENTS INCORPORATE ARCHITECTURAL REATURES THAT PROVIDE
VISUAL INTEREST, WHILE ALLDW1NG DESIGN FLEXIBlUTY; PROVIDING A SAVING
CLAUSE, A DSNEEAL REPEALER CLAUSE, AND AN FJ:FECTIVE DATE.
The C~ Commission wilt conduct two (2) Public Hearings for the purpose of
accepting public testimony regarding the proposed ordinance. The first Public
He.rig Will be held off TUESDAY. APRIl. 20, 2004. AT 7:00 EM; in the Commission
Chambers at City Hail 1 DO N.W. 1 st Avenue, Delray Beach, Florid~ If the proposed
ordinance is passed on first reading, a second Public Re~ng will be held on
pAY. MAY 4. 2004. AT 7-00 EM. Ior at any condnuaBon of such meeUng which Ls
set by the Commission).
NI interested ciRzens are invited to attend the pub!ic hearings_and comment upon
the proposed ordinance or submit their comments in wr~eg on er before the date
Qty Cbld~
PUBLISH: Boca Raton/Delmy Ifeach News
AD If NS040412
Monday, April 12, 2004
Wednesday, April 28, 2004
CC'.
CITY-OF DE£RAY BEACH¥
'! NOTICE OF PROPOSED AMENDMENT
TO PROVIDE DESIGN GUIDELINES FOR
DEVELOPMENTS IN ORDER TO
IMPLEMI il' THE DOWNTOWN DELRAY
BEACH MASTER PLAN
The City Commission of the City of Detrsy Bench, fledda, proposes to adopt the fop
lowing ~diennce:
ORDINANCE NO. 2~ -WI
AN ORDINANCE OF THE CITY COMMISSION OF T;-IE CITY OF DELRAY BEACH, FLORI-
DA AMENDING THE LAND DEVELOPMENT R~ESULA~qONS OF THE CODE OF ORDI-
NANCES, BY AMENDING SECTION 1.4.1, "INTENI~ETATION OF THE LAND DEVEL-
OPMENT REGULA'nONS"; SUBSECI]ON 2.4.3(G), "ARCHIILcC]~RAL ELEVA]]ONS"
SUBSECTION 4.3.3(0), 'TOWNROUSES AND TOWNROUSE TYPE OF DEVELOP-
MENT'; SUB-SUESECI]ON 4.3.4(J)(4), 'INCREASES TO HEIGHT REGULATIONS";
SUBSECTION 4.3.4{K~, 'DEVELOPMENT STANDARDS MATHIX"; SUBSECTION
4,4.9(F), 'DEVELOPMENT STANDARDS"; SUP~SUBSEC]]ON 4.4.9(G)(1), "WEST
ATLANTIC AVENUE OVERLAY DISTRICT SUPPLEMENTAL DISTUICT REGUEAT~ONS"
SUSSEGq]ON 4.4.13(A), 'PURPOSE AND INITcNT"; SUSSECTION 4.4.13(F), 'DEVEL-
OPMEHT STANDARDS"; SUBSECTION 4.4.13(G), "SUPPLEMENTAL DISTRICT REGU-
LATIONS"; SUBSECTION 4.4.13(I), 'PERFORMANCE STANDARDS"; SUBSECTION
4.4,24(A), 'PURPOSE AND INTENT"; SUBSECTION 4.4.24(F}, ~DEVELOPMENT STAN,
DARDS"; SUBSECTION 4.4.28(F), "DEVELOPMENT STANDARDS"; SUBSECTION
4.6.4(A), 'COMMERCIAL ZONING AD~L~CENT TO RESIUEN'I~J_ ZONING"; SUSSEC-
~]ON 4.6.1S, 'ARCHITECTURAL ELEVATIONS AND AESTHETICS"; AND APPENDIX
"A", "DEFINITIONS", TO IMPLEMENT THE DOWNTOWN UELRAY BEACH MAE~R
PLAN; TO MITIGATE MASS/SUALE AND UNIFORM MONOUTHIC APPEARANCE OF
LARGE BUILDINGS; AND TO PROVIDE THAT THE ARCHITEOTHGAL COMPOSITION OF
NEW DEVELOPMENTS INCORPORATE ARCHITECTURAL FEATURES THAT PROVIDE
VISUAL INTEREST, WHILE ALLOWING DESIGN FLEXIBIUTY; PROVIDING A SAVING
CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE.
The City Commission will conduct two (2) Public Hearings for the purpase of
nccepUng public testimony regardin9 the proposed ordiennce~ The first Public
Hearing will be hold on TUESDAY. APRIL 20. 2004. AT 7.-00 pM in the Commiasion
Chambers at City Hall, 100 N.W. 1st Avenue, Oelray Beach, Rorida. ff the pmpoend
ordinance is passed on first reading, a second Public Hearing will ed held en THES-
DAY. MAY 4. 2004~ AT 7.~0 RM. (or at any continuation of such meeting which is
set by the Commission).
NI interested ciUzens are invited to attend the public hearings and comment upon
the proposed ordinance or submit their comments in writing on or before the date
of these hearings to the Planoln9 and Zoning Department. For f~riher intormaUon
or to obtain a copy of the proposed ordinance, please contact the Planning and
Zoning Depmtment, City Hall, 100 N.W. 1st Avenue, De[ray Bench, Rorida 33444
(emaJl at pzmail@mydelraybeach.cem) or by calling 561/243-7040), between the
hours of 8:00 a.m. and 5:00 p.m., Monday through Friday, excluding holidays.
PLEASE BE ADVISED THAT IF A PERSON DECIDES TO APPEAL ANY DECI.~ON MADE
BY THE CITY COMMISSION WITH RESPECT TO ANY MATrER CONSIDERED AT THESE
HEARINGS, SUCH PERSON MAY NEED TO ENSURE THAT A VERBA~M RECORD
INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE
BASED. THE CITY DOES NOT PROVIDE NOR PREPARE SUCH RECORD PURSUAHT TO
ES. 286.0105.
PUBUSU: Boca Raten/Delray Beach News
AD ~1NS040412
Menday, Alii 12, 2004
Wednesday, April 28, 200~4
CITY OF DELGAY BEACH
Sa~enra Ga~te, CMC
c~ ~