Ord 11-10U1Zll1NANCI: NU. 11 lU
AN UKll1NANCE OF TI-iE CITY CUMMISSIUN Uti THE
CITY UL' llELKAY I3EACH, L'LUKIllA, AMENDING THE
C1TY'S LAND L)EVE]_OPMENT KEGULATIUNS, 13Y
AMl-~NllING AKTICLI/ 4.3, "llISTK1CT KL:C~ULATIUNS,
GENERAL PRUVISIUNS", SECTION 4.3.3, "SPECIAL
KE;QUIKEMI?NTS L'UK SPECIFIC USES", SUI3SI-:CTIUN
(Q), "GUL:sr cUTTAGE", ANl) sul3sL:c~'lUN (Y), `BE:I)
ANll BKEAI~'AST INNS", TU AMENll ANI) CLAKII~'Y
THL: KEC)UIKEMENTS LUR I3Ell ANll 13KL~:AIU-FAST
INNS; AMENllING ARTICLE 4.4, `BASF ZONING
1)ISTKICT", SECTION 4.4.6, "MEllIUI~i llENSIT'Y
Rt?.S1llENT1AL (KM) llISTK1CT", SUI3SECTIUN (ll),
"CUNllITIUNAI. USES ANll S~I'RUC"I'URES ALLUWEll",
TU Allll I3Ell ANll 13R1/AlU-'AST INN AS A
CUNllIT1UNAL USE; AMENllING SEC"I'IUN 4.4.13,
"CENTRI~IL BUSINESS (CI3ll) llISTKICT", SU13Sh'CT1UN
(13), "PRINCIPAL USES ~\NL) S"1'RUC"I'URES PERMIT"I'Ell",
ANll SUI3SECTIUN (1)), "CUNllITIUNAI. USES ANI)
S'I'KUCTURES ALLUWEll"; SEC"I'IUN 4.4.17,
"RL:SIllI/NTIAL ULI~IC1~ (KU) llISTKICT", SU13St/'CTIUN
(U), "CUNllITIUNAL USES ANU STRUCTUKE;S
ALLUWEll"; ANll SECTION 4.4?4, "ULll SCHOOL
SQUARE 1-11STURIC AKTS llIS"1KIC1"', SU13SL:CTIUN (13),
"PKINCIPAL USES ANI) STRUCTURES", TU CLt1RIL'Y
t3Ell ANll BKEAKL'AST INN USES; AMENllING
APPI-:NllIX "A", "llEL'INITIONS", TU ENACT REV1SEll
llEL'INITIUNS L'UK `BE1) ANC) l3REr1Kl~AST INN", ANll
"GUEST CU"ITAGE"; PKUVIllING A SAVING CLAUSE;, r1
GENEKAL REPL'ALER CLAUSE, ANll AN EL~)~'ECTIVE
1)A'I'E.
~X~'HEKEAS, the City Commission of the City of Uelray Beach has the authority to make
regulations pertaining to land use and development within the City of llelray Beach; and
WHI~.KI~AS, pursuant to LllK Section 1.1.G, the Planning and "Coning Board reviewed the proposed
text amendment at a public hearing held on ~une 21, 2010 and voted G to 0 to recotrunend that the
amendments be approved; and
WHEREAS, pursuant to l~lorida Statute 163.3174(4)(c), the Planning and "Coning Board, sitting as the
Local Planning Agency, has determined that the amendments are consistent with and furthers the goals,
objectives and policies of the Comprehensive Plan; and
WHE1tEAS, the Cite Commission of the City of llelray Beach adopts the findings in the Plannng
and Zoning Staff Keport; and
WHEKEAS, the City Commission of the City of llelray Beach fords the ordinance is consistent with
the Comprehensive Plan.
NL1W THEKEFURE, BE I"1' (~12llAINEll BY THE CITY C(~MMISSIC-N (~F THE C1TY U1'
L)ELKAY BEACH, FLC)K1llA AS FC)LI,LtWS:
Section 1. That the recitations set forth above are incorporated herein.
Section 2. That Article 4.3, "Llistrict Kegulations, General Provisions", Section 4.4.3, "Special
Keyuirements for Specific Uses", Subsection ((~), "Guest Cottages", of the Land llevelopment Kegulations
of the City of 1~elray Beach, 1~'lorida, shall hereby be amended to read as follows:
((~) Guest Cottage:
(1) Can only be used by members of the family occupying the principal dwelling, their
nonpaying guests ~xcept in 13ed and Breakfast Innsl, or persons employed for service on the premises.
(2) The guest cottage shall not occupy more than 1/20th of the lot area and in no case shall
exceed a Moor area of 700 square feet.
(3) 'The structure shall be located to observe the setback requirements as imposed for the
principal structure.
(4) When located on individually designated historic properties or within designated historic
districts, the structure shall not exceed the height of the pruicipal structure.
(5) Only one ~1) west cottage shall be allowed on a property.
Section 3. That Article 4.3, "1~istrict Regularions, General Provisions", Section 4.4.3, "Special
Requirements for Specific Uses", Subsection (Y), "Bed and Breakfast Inns", of the Land llevelopment
Kegulations of the City of llelray Beach, Florida, shall hereby be amended to read as follows:
(Y) Bed and Breakfast Inns: In addition to the requirements of the underlying zone district, Section
4 5.1 Historic Preservation llistricts and Sites, other applicable general regulations, parkuig regulations, and
special conditions imposed through the conditional use process, the following requirements shall apply to
Bed and Breakfast Inns:
(1~ Location• Bed and Brcakfatit Inns shall only be established as follows:
ORll No. 11-1U
~ Within designated historic buildings which are located on Individually llesirrnated sites
as listed ii Section 4 5 1(li) or on those properties classified as "Contributinir" within a
designated historic district 1s listed in Section 4 5 1(L)' and which are a permitted or
conditional use within the zoning district.
bj--1 Not withii 300' of another Bed and Breakfast Inn measured lot lute to lot line in a
straight line when located within the Medium-llensity Multi-Family~RNl) district,
(~~ Parking:
Parking for Bed and Breakfast Inns shall be provided as
follows:
(a) Parking shall con~l~~ with the requirements in Section 4.6.9.
1~~ Une~l) rnrking space shall be provided for the manager/owner and one (1) parkin
space shall be~rovided for each ~ues,_ t room.
(c) All requited parking shall be provided in a minner which will not detract from the
character of either the neighborhood or the historic property No destgnated parktn~
~•tces ma~~ be located withii the front or side-street setback areas.
(d) Circular driveways and/or tandem~arking spaces with a maximum two (2Lar depth are
permitted.
U No ~lrkii}> nrcl~ be provided via mechanical lift.
(;z~ Common Area: ~r~ithiti each Bed and Breakfast Inn, a common area must be provided for
a central dining area and for, at least, one (1) reading/discussion/living room.
(~~ ~T .._.~...__ .....~ ~-t,.._,......_ ._c #es~ Guest Rooms: , „ ~ _a u_..,.i.c.... ~.~~ ....... i_._
e~~~ rte-
(a) There shall be no cooking facilities or food storage facilities in any r~xl guest room.
Rrt~tx~ Guest rooms do not have to contain bathroom facilities.
(b) The number of bedrooms ~Hd~~~ provided for guest use shall be as existed when
the structure was originally constructed~g with subsequent additions, unless
modifications are necessary to comply with Building, 1~'ire, and/or Health codes. r1n
existing~uest cottlge subject to the requirements of Section 4.3.30) may be used as the
primaryresidence of the Property Uwner 1 listorically designated guest cottages may also
be used for~a~~inl; guests.
(¢~ Meals:
Breakfast shall be the only
UKI~ No. 11-10
meal provided for paying guests who are using the facility overnight The breakfast meal
shall not be served after 11:00 a.m.
•.
(6) Maximum Stay• The maximum stale for each west shall be not more than fourteen (14)
days during any thirty_(30) da}_period ~1~;uest book which accurately identifies all customers for each night's
lodging shill be maintained by the owner and/or manager.
~7) Employees and Personnel• No more than one (~ nonresident may be employed in the
m•uiagement and administration of the flcilities on-site 'T'his restriction excludes maintenance and cleaning
personnel.
~) Property Ovvner• The owner of the Bed and Breakfast Inn propert~~ must reside on the
property
9) Events• Events and/o~rivate parties shall be limited to the property owner and guests
sta~t~ at the Bed and Breakfast Inn.
Section 4. That Article 4.4, "Base Zoning District", Section 4.4.6, "Medium Density
Residential (RNI) District", Subsection (ll), "Conditional Uses and Structures Allowed", of the Land
Development Regulations of the City of Delray Beach, 1^lorida, shall hereby be amended to read as follows:
(D) Conditional Uses and Structures Allowed: The following uses are allowed as conditional
uses within the 1tM District.
(1) Residential Licensed Service Provider 1~'acilities subject to restrictions set forth in Section
X1.3.3 (U).
(2) Child care and adult day care.
4 ORU No. 11-]0
(3) Private educational facilities subject to the restrictions set forth in Section 4.3.3(Hf-1H).
(4) Churches, or places of worship, and their attendant educational, nursery, Sunday school,
recreational, and columbarium facilities. The foregoing does not allow establishment of educational and care
uses such as elementary school and general day care; however, such uses may be established by a separate
couditioual use application for child care or rezoning to Ch', as appropriate.
(5) Nursiig homes.
(6) 'The use of common recreational facilities such as swimming pools, tennis courts, and golf
courses (associated with a subdivision) for club or comtnercial purposes.
(7) Single family detached residences in zero lot developments.
(8) Yacht club with facilities.
(9) Dock master facilities when associated with amulti-family development which has a marina.
(10) Private beach clubs with attendant recreational, duii~g, and related accessory facilities within
one of the following areas: (a) the area lying south of Atlantic Dunes Park and cast of State Road Al A, or (b)
south of Casurina 12oad, north of Bucida road, and east of Stag Road Al A.
(11) Multiple family residential development may exceed twelve (12) units per acre, up to a
maximum of twenty-four (24) units per acre within the Southwest Neighborhood Clverlay District defined in
Section 4.5.9, subject to the provisions of Section 4.4.6(1), Article 4.7, and based upon the development's
conformance with the applicable standards and criteria described within the adopted Southwest Area
Neighborhood Redevelopment Plan.
(12) Multiple family residential development may exceed twelve (12) units per acre, up to a
maxinum of twenty-four (24) units per acre within the Carver ~Statl'J Overlay District as deEmed in Section
4.5.11 and up to a maximum of eighteen (18) units per acre within the Infill Workforce I lousing Area, subject
to the provisions of Section 4.4.G(1), and Article 4.%.
(13) Bed and Breakflst Inns Subject to the~rovisions of LDR Section 4.3.3(1'1
Section 5. That Article 4.4, "Base "Coning District", Section 4.4.13, "Central Business (CBD)
District", Subsection (B), "Priicipal Uses and Structures Permitted", of the Land llevelopment Kegulations
of the City of Delray Beach, 1~'lorida, shall hereby be amended to read as follows:
(B)Principal Uses and Structures Permitted: The following types of use are allowed within the CBD
District as a permitted use:
(1) CUeneral retail uses including, but not limited to:
(a) Antiques, arts and crafts, automotive parts, baked goods, books, carpet and floor
covering, cheeses, beer, wine, liquor, confectioneries, cosmetics, meats, draperies and
(~RD No. 11-10
slipcovers, medicines and prescriptions, electrical fixtures and supplies, fabrics, Fish,
Flowers and plants, fruits and vegetables, food, garden supplies, gifts, glassware, hardware
and paints, home furnishings, ice cream, lawn care equipment, leather goods, luggage,
medical and surgical eyuipment, music and musical instruments, nautical supplies, office
furniture equipment and supplies, pets and pct supplies, photographic equipment and
supplies, sewing supplies, sporting goods, toys, wearing apparel and accessories,
appliances, bicycles, business machines, jewelry.
(2) Business and professional uses pursuant to restrictions set forth in Section 4.4.13(H)(1)
including, but not limited to:
(a) Interior decorating, medical and dental clinics, medical and dental laboratories,
photographic studios, printing and publishing, professional offices.
(3) Services and facilities including, but not limited to:
(a) Auctions, barber and beauty shops and salons, caterers, dry cleaning limited to on-site
processing for customer pickup only, dry cleaning and laundry pickup stations,
laundromats limited to self-service facilities, pet grooming, restaurants excluding drive-in
and drive-through, outdoor cafes, tailoring, tobacconist, vocational schools limited to arts
and crafts, business, beauty, dancing, driving, gymnastics, photography, modeling, and
karate-judo, small item repair, and rental of sporting goods and equipment (such as but
not limited to bicycles, skates, boogie boards).
(b) Galleries, broadcast studios, butcher shops, cocktail lounges, exercise facilities e.g. gyms
and clubs, museums, libraries, newsstands, commercial or public parking lots and parking
garages.
(c) Public open space playas
(4) Multi-family dwelling units, excluding duplexes, up to a maximum density of thirty (30) units
per acre except for the West Atlantic Neighborhood or Beach District, where the maximum density is twelve
(12) dwelling units per acre.
(5) Hotels, motels,'--••' °•~•"~-~~°'-`°"`'""", and residential-type inns except in the VG'est Atlantic
Neighborhood.
(6) Assisted living 1Facilities and Continuing (;are H'acilities, up to a maximum density of thirty
(3U) units per acre except for the West Atlantic Neighborhood or Beach District, where the maximum density
is twelve (12) dwelling units per acre.
l?~ Bed and Breakfast Inns except in the West Atlantic Neighborhood. subiect to the
provisions of Section 4.3.3(Yl.
Section 6. That Article 4.4, "Base Zoning District", Section 4.4.13, "Central Business (CBD)
District", Subsection (D), "Conditional Uses and Structures Allowed", of the Land Development Regulations
of the City of Delray Beach, IFlorida, shall hereby be amended to read as follows:
ORD No. 11-1U
(ll) Conditional Uses and Structures Allowed: The following uses are allowed as conditional uses
within the CBll L)istrict:
(1) Kesidential Licensed Service Provider hacilities subject to restrictions set forth in Section
4.3.3(l~.
(2) Amusement game facilities limited to such uses as pinball, air hockey, electronic games, and
other similar coin operated games when an attendant is on duty.
(3) Child care and adult day care.
(4) h'uiancial institutions, e.g., banks and similar institutions including drive through facilities
pursuant to restrictions set forth in Section 4.4.13(H)(1).
(5) 1~'uneral homes including accessory uses, such as, a chapel, crematory, and the like.
(6) Gasoline stations or the dispensuig of gasoluie directly into vehicles, except that such use
shall not be allowed in the West Atlantic Neighborhood, the L3each llistrict, nor on lots which front along
Atlantic Avenue or N.l~;. 2"~ Avenue (a/k/a Pineapple Grove Way), beginning at a point 105' south of N.L.
4°i Street.
(7) Kecreational establishments such as bowling alleys, gymnasiums, health spas, miniature golf
courses, skating rucks.
(8) Veterinary clinics.
(9) Movie theaters, excluding drive-ins.
(10) Playhouses, dinner theaters, and places of assembly for commercial entertainment purposes
(e.g., concerts, live performances).
(11) plea markets, bazaars, merchandise marts, and similar retail uses
(12) Wash establishment, with automatic/mechanical systems only, for vehicles, except that such
use shall not be located east of the Intracoastal Waterway or on lots which front along Atlantic Avenue.
1~'urther, this use must be established on property with a minimum lot area of 20,000 sq.ft.
(13) Multi-family dwelling units, excluding duplexes, at a density greater than thirty (30) units per
acre, on property located south of N.IJ. 2nd Street and north of S.h;. 2nd Street, subject to the standards and
limitations of Section 4.4.13(I).
(14) Group Home, Type 2 and Community Kesidential Liomes, pursuant to restrictions set forth
ui Section 4.3.3(1).
(15) Restaurants, Cocktail Lounges, I-Iotels, and Kesidential Type Inns may provide their required
parking as valet parking, subject to the provisions of Section 4.69(11)(3).
C1K1~ No. 11-10
(16) Drive-in or drive-through restaurants on property located within the West Atlantic
Neighborhood.
(17) Hotels, motels, t~•~~' ~•~•' '~°•~ ~'-`°:' """~, and residential-type inns on property located withui
the West Atlantic Neighborhood.
(18) Free standing or mixed-use residential development at a density greater than twelve (12)
units per acre, but not exceeding 30 units per acre, on property located within the ~~'est Atlantic
Neighborhood, subject to the standards and limitations of Section 4.4.13(1).
(191 Bed and Breakfast Innti within the West Atlantic Neighborhood subject to the provisions of
I,DR Section 4.3.3(1
Section 7. 'That Article 4.4, "Base lonuig District", Section 4.4.17, "Residential Office (KO)
District", Subsection (ll), "Conditional Uses and Structures Allowed", of the Land llevelopment Regulations
of the City of Delray Beach, Florida, shall hereby be amended to read as follows:
(ll) Conditional Uses and Structures Allowed: •I'he followuig uses are allowed as conditional uses
within the RO District:
(1) Child care and adult day care.
(2) Kesidential licensed Service Provider Facilities subject to restrictions set forth in Section
4.3.3(ll).
(3) Bed and Breakfast •: `°'~~ Inns subject to the provisions of LDR Section 4.3.3(Yl..
(4) Group Home, 'T'ype 2, and Community Residential Homes, pursuant to restrictions set forth
in Section 4.3.3(1).
Section 8. That .lrticle b 4, "Base Zoning District", Section 4.424, "Old School Square
Historic Arts District", Subsection `Principal Uses and Structures", of the Land llevelopment
Regulations of the City of Delray Beac. ~ ~~rida, shall hereby be amended to read as follows:
(B)Principal Uses and Structures: The following types of uses are allowed within the OSSHAll as a
permitted use:
(1) Single family detached dwellings.
(?) lluplex structures.
(3) Busuiess, Professional, Medical and Governmental Offices.
g OKll No. 11-1U
(4) Retail sales through spec.
stores, gift shops, florists, hobby shops,
convenience stores and drug stores.
qty shops (single purpose businesses) such as: bath shops, book
kitchen shops, boutiques, bicycle shops, excludilg liquor stores,
(5) Arts related busiiesses such as craft shops, galleries, and studios withii which is conducted
the preparation of, display of, and/or sale of art products such as antiques, collectibles, custom apparel,
jewelry, paintings, photography, picture framing, pottery, sculpture, stained glass.
(6) f;ducational and/or Instructional activities including training, vocational, or craft schools,
the arts, personal development, and libraries, museums, and social and philanthropic institutions.
(7) Restaurants of a sit down nature such as a cafe, snack shop, full service during but excludiig
any drive-in and/or drive-through facilities or features.
(8) Providing of personal services such as barbershops, beauty shops, salons, cosmetologists.
(9) Bed and Breakfast lnns, subject to the provisions of LDR Section 4.3.3~Y1.
(l U) Catering services not associated with a restaurant, subject to the special regulations of
Section 4.424(H).
(11) Group Home, Type 1, pursuant to restrictions set forth i~ Section 4.3.3(1).
(12) Within the Eollowiig described areas, the uses allowed as permitted uses in Section 4.4.13(13)
pursuant to the base district and special regulations of the Central Business District regulations shall also be
all~~wed in the OSSHAD:
(a) Lots 13-I6, Block 60
(b) Lots 1- 4, Block 61
(c) Lots 1- 7 and 19-24, Block 69
(d) Lots 7- 8, and the South 34.75 feet of Lot G, Block 75; and
(e) Lots 1- G, Block 76
(13) Assisted Living facilities
Section 9. That Appendix "A", "llefinitions", of the Land Development Regulations of the
(:ode of Ordinances of the City of Delray Beach, Florida, is hereby amended as follows:
BI/ll AND BRI/AKF'AST INN: A use withii a designated historic or contributing structure ~ which ~e~r-is
providerls temporary overnight l;uest accommodations '-~ `••°•-'_''•••' """"_ for rent to nonpermanent
residents. _ ,
UUl_;ST CO'TTAG~: An accessory buildiig used exclusively for housing members of the family occupying
the principal dwelliig, their nonpayiig guests, ~a •ing,guests at a 13ed and Breakfast Inn, or persons employed
ORll No. 11-10
for service on the premises. r1 Guest Cottage shall consist of no more than one dwelling unit and may be
aftixed to an accessory structure.
Section 10. That should any section or provision of this ordinance or any portion thereof,
any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such
decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the
part declared to be invalid.
Section 11. That all ordinances or parts of ordinances in conflict herewith shall be, and
the same are hereby repealed.
Section 12. That this ordinance shall become effective immediately upon its passage on
second and final reading. /~~
1' 1SSIJL~ ANll A1X)PTL:ll in regular session on second a final reading on this ~ day
of_~ , X010.
MAYOR
A"1'1'1/S'I':
~.
City Clerk
l~'irst Readin ~~
Second Readin d~~ \~
10 CIRll No. 11-10
Page 1 of 1
MEMORANDUM
TO: Mayor and City Commissioners
FROM: David T. Harden, City Manager
DATE: July 7, 2010
SUBJECT: .aGF,NDA ITEM 10.E. -REGULAR COMMISSION MEETING OF JULY 20, 2010
ORDINANCE NO. 11-10 (SECOND READING/SECOND PUBLIC HEARING)
ITEM BEFORE_COMMISSION
This ordinance is before Commission for second reading and public hearing to consider a city initiated
amendment to the Land Development Regulations (LDR), Article 4.3, "District Regulations, General
Provisions", Section 4.3.3, "Special Requirements for Specific Uses", Subsection (Q), "Guest Cottage",
and Subsection (Y), "Bed and Breakfast Inns", to clarify and amend bed and breakfast inn use
requirements; amending Article 4.4, "Base Zoning District", Section 4.4.6, "Medium Density
Residential (RM) District", Subsection (D), "Conditional Uses and Structures Allowed", to add bed and
breakfast inn as a conditional use; amending Section 4.4.13, "Central Business (CBD) District",
Subsection (B), "Principal Uses and Structures Permitted", and Subsection (D), "Conditional Uses and
Structures Allowed"; Section 4.4.17, "Residential Office (RO) District", Subsection (D), "Conditional
Uses and Structures Allowed"; and Section 4.4.24, "Old School Square Historic Arts District",
Subsection (B), "Principal Uses and Structures", to clarify bed and breakfast inn uses; amending
Appendix "A", "Definitions", to enact revised definitions for "Bed and Breakfast Inn", and "Guest
Cottage".
BACKGKOUND
At the first reading on July 6, 2010, the Commission passed Ordinance No. 11-10. The Pineapple
Grove Main Street (PGMS) committee reviewed Ordinance No. 11-10 at their July 7, 2010 meeting
and a recommendation of approval was made.
RECOMMENDATION
Recommend approval of Ordinance No. 11-10 on second and final reading.
http://miweb001/CouncilAgenda/Bluesheet.aspx?ItemID=3482&MeetingID=265 7/26/2010
ORDINANCE NO. 11-10
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AMENDING THE
CITY'S LAND DEVELOPMENT REGULATIONS, BY
AMENDING ARTICLE 4.3, "DISTRICT REGULATIONS,
GENERAL PROVISIONS", SECTION 4.3.3, "SPECIAL
REQUIREMENTS FOR SPECIFIC USES", SUBSECTION
(Q), "GUEST COTTAGE", AND SUBSECTION (I'), "BED
AND BREAI~'AST INNS", TO AMEND AND CLARIFY
THE REQUIREMENTS FOR BED AND BREAKFAST
INNS; AMENDING ARTICLE 4.4, "BASE ZONING
DISTRICT", SECTION 4.4.6, "MEDIUM DENSITY
RESIDENTIAL (RM) DISTRICT", SUBSECTION (D),
"CONDITIONAL USES AND STRUCTURES ALLOWED",
TO ADD BED AND BREAKFAST INN AS A
CONDITIONAL USE; AMENDING SECTION 4.4.13,
"CENTRAL BUSINESS (CBD) DISTRICT", SUBSECTION
(B), "PRINCIPAL USES AND STRUCTURES PERMITTED",
AND SUBSECTION (D), "CONDITIONAL USES AND
STRUCTURES ALLOWED"; SECTION 4.4.17,
"RESIDENTIAL OFFICE (RO) DISTRICT", SUBSECTION
(D), "CONDI"I'IONAL USES AND STRUCTURES
ALLOWED"; AND SECTION 4.4.24, "OLD SCHOOL
SQUARE HISTORIC ART'S DISTRICT", SUBSECTION (B),
"PRINCIPAL USES AND STRUCTURES", TO CLARIFY
BED AND BREAKFAAS1' INN USES; AMENDING
APPENDIX "A", "DEFINITIONS", TO ENACT REVISED
DEFINITIONS FOR "BED AND BREAKFAST INN", AND
"GUEST COTTAGE"; PROVIDING A SAVING CLAUSE, A
GENERAL REPEALER CLAUSE, AND AN EFFECTIVE
DATE.
WHEREAS, the City Commission of the City of Delray Beach has the authority to make
regulations pertaining to land use and development within the City of Delray Beach; and
WHEREAS, pursuant to LDR Section 1.1.6, the Planning and Zoning Board reviewed the proposed
text amendment at a public hearing held on June 21, 2010 and voted 6 to 0 to recommend that the
amendments be approved; and
WHEREAS, pursuant to Florida Statute 163.3174(4)(c), the Planning and Zoning Board, sitting as the
Local Planning Agency, has determiied that the amendments are consistent with and furthers the goals,
objectives and policies of the Comprehensive Plan; and
WHEREAS, the City Commission of the City of Delray Beach adopts the findings in the Planning
and Zoning Staff Report; and
WHEREAS, the City Commission of the City of Delray Beach finds the ordinance is consistent with
the Comprehensive Plan.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
DEI_RAY BEACH, FLOKIDA AS FOLLOWS:
Section 1. T"hat the recitations set forth above are incorporated herein.
Section 2. That Article 4.3, "District Regulations, General Provisions", Section 4.4.3, "Special
Requirements for Specific Uses", Subsection (Q), "Guest Cottages", of the Land Development Regulations
of the City of Delray Beach, Florida, shall hereby be amended to read as follows:
(Q) Guest Cottage:
(1) Can only be used by members of the family occupying the principal dwelling, their
nonpaying guests (except in Bed and Breakfast Inns), or persons employed for service on the premises.
(2) The guest cottage shall not occupy more than 1 /?0th of the lot area and in no case shall
exceed a floor area of 700 square feet.
(3) The structure shall be located to observe the setback requirements as imposed for the
principal structure.
(4) When located on individually designated historic properties or within designated historic
districts, the structure shall not exceed the height of the principal structure.
f5l Onl~~ one (1Lguest cottage shall be allowed on a property
ection 3. That Article 4.3, "District Regulations, General Provisions", Section 4.4.3, "Special
Requirements for Specific Uses", Subsection (1'), "Bed and Breakfast Inns", of the Land Development
Regulations of the City of Dekay Beach, Florida, shall hereby be amended to read as follows:
(Y) Bed and Breakfast Inns: In addition to the requirements of the underlying zone district, Section
4.5.1, Historic Preservation Districts and Sites. other applicable general regulations, parking regulations, and
special conditions imposed through the conditional use process, the following requirements shall apply to
Bed and Breakfast Inns:
(1) Location: Bed and Breakfast Inns shall only be established as follows•
ORD No. 11-10
Within designated historic buildings which are located on Individually Designated sites
as listed in Section 4 5.1(Kl or on those ~ronerties classified as "Contributing" within a
designated historic district as listed in Section 4.5.1(Ll: and which are a permitted or
conditional use within the zoning district.
~. Not within 300' of another Bed and Breakfast Inn, measured lot line to lot line in a
straight line, when located within the Medium-Density, Multi-Family~M1 district,
(-~-2) ParkinQ:
Parking for Bed and Breakfast Inns shall be provided as
follows:
(a1 Parking shall comply with the requirements in Section 4.6.9.
fib, One 1 narking space shall be provided for the manager/owner and one (11 nay rking
~tiace shall be provided for each guest room.
~ All required parking shall be provided in a manner which will not detract from the
character of either the neighborhood or the historic property. No designated parking
~oaces maybe located within the front or side-street setback areas.
(dl Circular drivewa,L, and/or tandem parking spaces with a maximum two (21 car depth are
permitted.
(e) No parking maybe provided via mechanical lift.
(~-3) Common Area: Within each Bed and Breakfast Inn, a common area must be provided for
a central dining area and for, at least, one (1) reading/discussion/living room.
(~) i'r--`-'''..` "a `'~.,.`....".` ,.` ~ Guest Rooms:
erit-
(a) There shall be no cooking facilities or food storage facilities in any ~er~txl guest room.
ReHtH-1 Guest rooms do not have to contain bathroom facilities.
(b) The number of bedrooms m~,~~ provided for guest use shall be as existed when
the structure was origuially constructed~g with subsequent additions, unless
modifications are necessary to comply with Building, Fire, and/or Health codes. An
existing guest cottage, subject to the requirements of Section 4.3.3(0 may be used as the
primary residence of the Property Owner Historically designated guest cottages may_also
be used for pa~•ing guests.
(45) Meals:
_ _ ..
'' ~~° ' ° ''°tl°~"'° ~ ~` `'-- -- ~~' ~~° --- Breakfast shall be the only
ORD No. 11-10
meal provided for paying guests who are using the facility overnight The breakfast meal
shall not be served after 11:00 a.m.
j6) Maximum Stay: The ma_umum stay for each guest shall be not more than fourteen (14)
days durin~~y thirt~(30Ly period. A guest book which accuratel~~ identifies all customers for each night's
lodging shall be maintained by the owner and/or manager.
17) Employees and Personnel: No more than one J~]) nonresident may be employed in the
management and administration of the facilities on-site. This restriction excludes maintenance and cleaning
personnel.
(8) Property Owner: The owner of the Bed and Breakfast Inn property must reside on the
ro er .
(9) Events: Events and/or private parties shall be limited to the property owner and guests
staLg at the Bed and Breakfast Inn.
Section 4. That tlrticle 4.4, "Base Zoning District", Section 4.4.6, "Medium Density
Residential (RM) District", Subsection (D), "Conditional Uses and Structures Allowed", of the Land
Development Regulations of the City of Dekay Beach, Florida, shall hereby be amended to read as follows:
(D) Conditional Uses and Structures Allowed: The following uses are allowed as conditional
uses within the RM District.
(1) Residential Licensed Service Provider Facilities subject to restrictions set forth in Section
4.3.3 (D).
(2) Child care and adult day care.
ORD No. 11-10
(3) Private educational facilities subject to the restrictions set forth in Section 4.3.3(HHH).
(4) Churches, or places of worship, and their attendant educational, nursery, Sunday school,
recreational, and columbarium facilities. The foregoing does not allow establishment of educational and care
uses such as elementary school and general day care; however, such uses may be established by a separate
conditional use application for child care or rezoning to CF, as appropriate.
(5) Nursing homes.
(6) The use of common recreational facilities such as swimming pools, tennis courts, and golf
courses (associated with a subdivision) for club or commercial purposes.
(7) Single family detached residences in zero lot developments.
(8) Yacht club with facilities.
(9) Dock master facilities when associated with amulti-family development which has a marina.
(10) Private beach clubs with attendant recreational, dining, and related accessory facilities within
one of the following areas: (a) the area lying south of Atlantic Dunes Park and east of State Road A1:'1, or (b)
south of Casurina Road, north of Bucida road, and east of State Road A1A.
(11) Multiple family residential development may exceed twelve (12) units per acre, up to a
maximum of twenty-four (24) units per acre within the Southwest Neighborhood Overlay District defined in
Section 4.5.9, subject to the provisions of Section 4.4.6(I), Article 4.7, and based upon the development's
conformance with the applicable standards and criteria described within the adopted Southwest Area
Neighborhood Redevelopment Plan.
(12) Multiple family residential development may exceed twelve (12) units per acre, up to a
maximum of twenty-four (24) units per acre within the Carver Estates Overlay District as defined in Section
4.5.11 and up to a maximum of eighteen (18) units per acre within the Infill Workforce Housing Area, subject
to the provisions of Section 4.4.6(1), and Article 4.7.
f 13) Bed and Breakfast Inns. subject to the provisions of LDR Section 4.3.3(I'1
Section 5. That Article 4.4, "Base Zoning District", Section 4.4.13, "Central Business (CBD)
District", Subsection (B), "Principal Uses and Structures Permitted", of the Land Development Regulations
of the City of Delray Beach, Florida, shall hereby be amended to read as follows:
(B)Principal Uses and Structures Permitted: The following types of use are allowed within the CBD
District as a permitted use:
(1) General retail uses including, but not limited to:
(a) Antiques, arts and crafts, automotive parts, baked goods, books, carpet and floor
covering, cheeses, beer, wine, liquor, confectioneries, cosmetics, meats, draperies and
ORD No. 11-10
slipcovers, medicines and prescriptions, electrical fixtures and supplies, fabrics, fish,
flowers and plants, fruits and vegetables, food, garden supplies, gifts, glassware, hardware
and paints, home furnishings, ice cream, lawn care equipment, leather goods, luggage,
medical and surgical equipment, music and musical instruments, nautical supplies, office
furniture equipment and supplies, pets and pet supplies, photographic equipment and
supplies, sewing supplies, sporting goods, toys, wearing apparel and accessories,
appliances, bicycles, business machines, jewelry.
(2) Business and professional uses pursuant to restrictions set forth in Section 4.4.13(H)(1)
including, but not limited to:
(a) Interior decorating, medical and dental clinics, medical and dental laboratories,
photographic studios, printing and publishing, professional offices.
(3) Services and facilities including, but not limited to:
(a) Auctions, barber and beauty shops and salons, caterers, dry cleaning limited to on-site
processing for customer pickup only, dry cleaning and laundry pickup stations,
Laundromats limited to self-service facilities, pet grooming, restaurants excluding drive-in
and drive-through, outdoor cafes, tailoring, tobacconist, vocational schools limited to arts
and crafts, business, beauty, dancing, driving, gymnastics, photography, modeling, and
karate-judo, small item repair, and rental of sporting goods and equipment (such as but
not limited to bicycles, skates, boogie boards).
(b) Galleries, broadcast studios, butcher shops, cocktail lounges, exercise facilities e.g. gyms
and clubs, museums, libraries, newsstands, commercial or public parking lots and parking
garages.
(c) Public open space plazas
(4) Multi-family dwelling units, excluding duplexes, up to a maximum density of thirty (30) units
per acre except for the West Atlantic Neighborhood or Beach District, where the maximum density is twelve
(12) dwelling units per acre.
(5) Hotels, motels,'-~•' °--a '--~°'-`°~`'~•-~, and residential-type inns except in the West Atlantic
Neighborhood.
(6) Assisted Living Facilities and Continuing Care Facilities, up to a maximum density of thirty
(30) units per acre except for the West Atlantic Neighborhood or Beach District, where the maximum density
is twelve (12) dwelling units per acre.
~~ Bed and Breakfast Inns. except in the West Atlantic Neighborhood. subject to the
provisions of Section 4.3.3(Yl.
Section 6. That Article 4.4, "Base Zoning District", Section 4.4.13, "Central Business (CBD)
District", Subsection (D), "Conditional Uses and Structures Allowed", of the Land Development Regulations
of the City of Delray Beach, Florida, shall hereby be amended to read as follows:
ORD No. 11-10
(D) Conditional Uses and Structures Allowed: The following uses are allowed as conditional uses
within the CBD District:
4.3.3 (D.
(1) Residential Licensed Service Provider Facilities subject to restrictions set forth in Section
(2) Amusement game facilities limited to such uses as pinball, air hockey, electronic games, and
other similar coin operated games when an attendant is on duty.
(3) Child care and adult day care.
(4) Financial institutions, e.g., banks and similar institutions including drive through facilities
pursuant to restrictions set forth in Section 4.4.13(H)(1).
(5) Funeral homes including accessory uses, such as, a chapel, crematory, and the like.
(6) Gasoline stations or the dispensing of gasoline directly into vehicles, except that such use
shall not be allowed in the West Atlantic Neighborhood, the Beach District, nor on lots which front along
Atlantic Avenue or N.E. Z^a Avenue (a/k/a Pineapple Grove Way), beginning at a point 105' south of N.E.
4~h Street.
(7) Recreational establishments such as bowling alleys, gymnasiums, health spas, miniature golf
courses, skating rinks.
(8) Veterinary clinics.
(9) Movie theaters, excluding drive-ins.
(10) Playhouses, dinner theaters, and places of assembly for commercial entertainment purposes
(e.g., concerts, live performances).
(11) Flea markets, bazaars, merchandise marts, and similar retail uses
(12) Wash establishment, with automatic/mechanical systems only, for vehicles, except that such
use shall not be located east of the Intracoastal Waterway or on lots which front along Atlantic Avenue.
Further, this use must be established on property with a minimum lot area of 20,000 sq.ft.
(13) Multi-family dwelling units, excluding duplexes, at a density greater than thirty (30) units per
acre, on property located south of N.E. 2nd Street and north of S.E. 2nd Street, subject to the standards and
limitations of Section 4.4.13(I).
(14) Group Home, Type 2 and Community Residential Homes, pursuant to restrictions set forth
in Section 4.3.3(I).
(15) Restaurants, Cocktail Lounges, Hotels, and Residential Type Inns may provide their required
parking as valet parking, subject to the provisions of Section 4.6.9(F)(3).
ORD No. 11-10
(16) Drive-in or drive-through restaurants on property located within the West Atlantic
Neighborhood.
(17) Hotels, motels, '--~' °--a '--~°'-`~~' '"°, and residential-type inns on property located within
the West Atlantic Neighborhood.
(18) Free standing or mixed-use residential development at a density greater than twelve (12)
units per acre, but not exceeding 30 units per acre, on property located within the West Atlantic
Neighborhood, subject to the standards and limitations of Section 4.4.13(I).
(191 Bed and Breakfast Inns within the \X/est Atlantic Neighborhood. subject to the provisions of
LDR Section 4.3.3(I~
Section 7. That Article 4.4, "Base Zoning District", Section 4.4.17, "Residential Office (RO)
District", Subsection (D), "Conditional Uses and Structures Allowed", of the Land Development Regulations
of the City of Delray Beach, Florida, shall hereby be amended to read as follows:
(D) Conditional Uses and Structures Allowed: The following uses are allowed as conditional uses
within the RO District:
4.3.3 (D).
(1) Child care and adult day care.
(2) Residential Licensed Service Provider Facilities subject to restrictions set forth in Section
(3) Bed and Breakfast °~`°'~n Inns, subject to the provisions of LDR Section 4.3.3M..
(4) Group Home, Type 2, and Community Residential Homes, pursuant to restrictions set forth
in Section 4.3.3(I).
Section 8. That Article 4.4, "Base Zoning District", Section 4.4.24, "Old School Square
Historic Arts District", Subsection (B), "Principal Uses and Structures", of the Land Development
Regulations of the City of Delray Beach, Florida, shall hereby be amended to read as follows:
(B)Principal Uses and Structures: The following types of uses are allowed within the OSSHAD as a
permitted use:
(1) Single family detached dwellings.
(2) Duplex structures.
(3) Business, Professional, Medical and Governmental Offices.
ORD No. 11-10
(4) Retail sales through specialty shops (single purpose businesses) such as: bath shops, book
stores, gift shops, florists, hobby shops, kitchen shops, boutiques, bicycle shops, excluding liquor stores,
convenience stores and drug stores.
(5) Arts related businesses such as craft shops, galleries, and studios within which is conducted
the preparation of, display of, and/or sale of art products such as antiques, collectibles, custom apparel,
jewelry, paintings, photography, picture framing, pottery, sculpture, stained glass.
(6) Educational and/or Instructional activities including training, vocational, or craft schools,
the arts, personal development, and libraries, museums, and social and philanthropic institutions.
(7) Restaurants of a sit down nature such as a cafe, snack shop, full service dining but excluding
any drive-in and/or drive-through facilities or features.
(8) Providuig of personal services such as barbershops, beauty shops, salons, cosmetologists.
(9) Bed and Breakfast Inns, subject to the provisions of LDR Section 4.3.3(Y1.
(10) Catering services not associated with a restaurant, subject to the special regulations of
Section 4.4.24(H).
(11) Group Home, Type 1, pursuant to restrictions set forth in Section 4.3.3(I).
(12) Within the following described areas, the uses allowed as permitted uses in Section 4.4.13(B)
pursuant to the base district and special regulations of the Central Business District regulations shall also be
allowed in the OSSHAD:
(a) Lots 13-16, Block 60
(b) Lots 1- 4, Block 61
(c) Lots 1- 7 and 19-24, Block 69
(d) Lots 7- 8, and the South 34.75 feet of Lot 6, Block 75; and
(e) Lots 1- 6, Block 76
(13) Assisted Living Facilities
Section 9. That Appendix "A", "Definitions", of the Land Development Regulations of the
Code of Ordinances of the City of Delray Beach, Florida, is hereby amended as follows:
BED AND BREAKFAST INN: A use within a designated historic or contributing structure i~ which ~kere-is
provideds temporary overnight guest accommodations ~~ c.•°~~-'--'' -~• for rent to nonpermanent
residents. ,
GUEST CO'T'TAGE: An accessory building used exclusively for housing members of the family occupying
the principal dwelling, their nonpaying guests, pa, i~ng guests at a Bed and Breakfast Inn, or persons employed
ORD No. 11-10
for service on the premises. A Guest Cottage shall consist of no more than one dwelling unit and may be
affixed to an accessory structure.
Section 10. That should any section or provision of this ordinance or any portion thereof,
any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such
decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the
part declared to be invalid.
Section 11. That all ordinances or parts of ordinances in conflict herewith shall be, and
the same are hereby repealed.
Section 12. That this ordinance shall become effective immediately upon its passage on
second and final reading.
PASSED AND ADOPTED in regular session on second and final reading on this day
of , ?010.
A1`I"L;S1":
MAYOR
City Clerk
First Reading
Second Reading
10 ORD No. 11-10
Page 1 of 2
MEMORANDUM
TO: Mayor and City Commissioners
FROM: Amy E. Alvarez, Historic Preservation Planner
Paul Dorling, AICP, Planning and Zoning Director
THROUGH: City Manager
DATE: June 30, 2010
SUBJECT: AGENDA ITEM 10.C. -REGULAR COMMISSION MEETING OF JULY 6, 2010
ORDINANCE NO. 11-10 (FIRST READING/FIRST PtiBLIC H_E_A_ RINGI
ITEM QEFORE COMMISSION
The item before the City Commission is that of approval of aCity-initiated text amendment to the Land
Development Regulations to amend Section 4.3.3(Y), Bed and Breakfast Inns, add Bed and Breakfast
Inn as a conditional use in the RM (Multi-Family, Medium Density) zoning district, and modification of
the related special requirements.
BACKGROUND
Bed and Breakfast Inns are currently allowed as permitted uses in designated historic structures within
the OSSHAD and CBD zoning districts (except in the West Atlantic neighborhood). They are allowed
in the RO and CBD in the West Atlantic Neighborhood as conditional uses. The subject Ordinance adds
the Bed and Breakfast Inn use as a conditional use within the RM zoning district and amends the Bed
and Breakfast Inn regulations as follows:
• Establishes a minimum separation of 300' between Bed and Breakfast Inns within the RM district;
• Provides parking regulations which assure parking is provided in a manner that will not detract from
the character of the property or neighborhood;
• Allows historic structures to add bathrooms to accommodate the use (the current regulations do not
permit the expansion of the historic structures); and,
• Limits activities allowed with the use, more specifically limiting a~ events to guests staying at the
facility.
The Ordinance maintains the requirement that Bed and Breakfast Inns may only be established in an
historic structure which has either been individually designated or classified as contributing within a
designated historic district. Other requirements which currently exist in the LDRs and are being
maintained and/or clarified include:
• That 1 parking space per unit and 1 parking space for the property owner be provided;
• That the property owner must reside on the property;
• That the maximum stay shall not exceed 14 days within a 30 day period;
http://miweb001/Agendas/Bluesheet.aspx?ItemID=3464&MeetingID=263 7/7/2010
Page 2 of 2
• That no more than one (1) employee may be employed in the management or administration of the
facility (this restriction excludes maintenance and cleaning personnel);
• That an existing guest cottage may be utilized as the primary residence of the property owner, and
if historically designated for paying guests; and,
• That breakfast may be the only meal provided on site, and may not be served after 11 am.
Language has also been added to Section 4.3.3(Q), Guest Cottages, to exempt Bed and Breakfast Inns
from the requirement limiting guest cottage use for members of the family occupying the principal
dwelling and their nonpaying guests. This is to permit the use of a guest cottage as a unit for the Bed
and Breakfast Inn if it is also historically designated, or as the main dwelling for the property owners of
the Bed and Breakfast Inn.
Lastly, the definitions for "Bed and Breakfast Inn" and "Guest Cottage" have been revised in
accordance with the amendments with respect to their uses. Ordinance 11-10 is now before
the Commission for consideration.
REVIEW BY OTHERS
The West Atlantic Redevelopment Coalition (WARC) reviewed Ordinance 11-10 at their June 8,
2010 meeting and recommended approval.
The Community Redevelopment Agency (CRA) reviewed Ordinance 11-10 at their June 10, 2010
meeting and recommended approval.
The Downtown Development Authority (DDA) reviewed Ordinance 11-10 at their June 14, 2010
meeting and recommended approval.
The Historic Preservation Board(HPB) reviewed Ordinance 11-10 at their June 16, 2010 meeting and
recommended approval on a vote of 6 to 0 with the recommendation to extend the maximum stay to
twenty-one (21) days.
The Planning and Zoning Board reviewed Ordinance 11-10 at their June 21, 2010 meeting and
recommended approval on a vote of 6 to 0 with the recommendation that the use not be allowed in R-1
(Single-Family Residential) or RL (Multi-Family, Low Density) zoning districts„ as originally
proposed. This change is reflected in the subject Ordinance.
The Pineapple Grove Main Street (PGMS) committee will review Ordinance 11-10 at their July 7,
2010 meeting and a recommendation will be forwarded to the City Commission upon Second Reading.
RECOMMENDATION
By motion, approve Ordinance 11-10 on first reading by adopting the findings of fact and law contained
in the staff report, and finding that the request is consistent with the Comprehensive Plan and meets
criteria set forth in Section 2.4.5(M) of the LDRs, with second reading to occur on July 20, 2010.
http://miweb001/Agendas/Bluesheet.aspx?ItemID=3464&MeetingID=263 7/7/2010
MEETING DATE: JUNE 21, 2010
AGENDA NO: IV.D.
ITEM: CONSIDERATION OF CITY-INITIATED AMENDMENTS TO THE LAND
DEVELOPMENT REGULATIONS BY AMENDING ARTICLE 4.3,
"DISTRICT REGULATIONS, GENERAL PROVISIONS", SECTION 4.3.3,
"SPECIAL REQUIREMENTS FOR SPECIFIC USES", SUBSECTION (Q),
"GUEST COTTAGE", SUBSECTION (Y), "BED AND BREAKFAST INNS",
AND SUBSECTION (ZZZ), "TRANSIENT RESIDENTIAL USE", TO
CLARIFY AND AMEND BED AND BREAKFAST INN USE
REQUIREMENTS; AMENDING ARTICLE 4.4, "BASE ZONING DISTRICT",
SECTION 4.4.3, "SINGLE FAMILY RESIDENTIAL (R-1) DISTRICTS",
SUBSECTION (D), "CONDITIONAL USES AND STRUCTURES
ALLOWED"; SECTION 4.4.5, "LOW DENSITY RESIDENTIAL (RL)
DISTRICT", SUBSECTION (D), "CONDITIONAL USES AND
STRUCTURES ALLOWED"; AND SECTION 4.4.6, "MEDIUM DENSITY
RESIDENTIAL (RM) DISTRICT", SUBSECTION (D), "CONDITIONAL USES
AND STRUCTURES ALLOWED", TO ADD BED AND BREAKFAST INN
AS A CONDITIONAL USE; AMENDING SECTION 4.4.13, "CENTRAL
BUSINESS (CBD) DISTRICT", SUBSECTION (B), "PRINCIPAL USES AND
STRUCTURES PERMITTED", AND SUBSECTION (D), "CONDITIONAL
USES AND STRUCTURES ALLOWED"; SECTION 4.4.17, "RESIDENTIAL
OFFICE (RO) DISTRICT", SUBSECTION (D), "CONDITIONAL USES AND
STRUCTURES ALLOWED"; AND SECTION 4.4.24, "OLD SCHOOL
SQUARE HISTORIC ARTS DISTRICT", SUBSECTION (B), "PRINCIPAL
USES AND STRUCTURES", TO CLARIFY BED AND BREAKFAST INN
USES; AMENDING APPENDIX "A", "DEFINITIONS", TO ENACT
REVISED DEFINITIONS FOR "BED AND BREAKFAST INN" AND "GUEST
COTTAGE".
The item before the Board is that of making a recommendation to the City Commission on
Ordinance 11-10 for City-initiated amendments to the Land Development Regulations (LDR)
pertaining to Bed and Breakfast Inn uses.
Pursuant to Section 1.1.6, an amendment to the text of the Land Development Regulations may
not be made until a recommendation is obtained from the Planning and Zoning Board.
Bed and Breakfast Inns are currently allowed as permitted uses in designated historic structures
within the OSSHAD and CBD zoning districts (except in the West Atlantic neighborhood). They
are allowed in the RO and CBD in the West Atlantic Neighborhood as conditional uses. The
Planning and Zoning Board Staff Report, June 21, 2010
Ordinance 09-10: Amendment to LDRs Regarding Bed and Breakfast Uses
Page 2
subject Ordinance adds the Bed and Breakfast Inn use as a conditional use within the R-1
(Single Family Residential), RL (Low Density, Multi-Family Residential), and RM (Low Density,
Multi-Family Residential) zoning districts. Additionally, the subject Ordinance has added
provisions regarding Bed and Breakfast Inns which include:
• Establishing a minimum separation of 300' between Bed and Breakfast Inns within the
R-1, RL, and RM districts;
• Providing parking regulations which assure parking is provided in a manner that will not
detract from the character of the property or neighborhood;
• Allowing historic structures to add bathrooms to accommodate the use (the current
regulations do not permit the expansion of the historic structures); and,
• Limiting activities allowed with the use, more specifically limiting ~ events to guests
staying at the facility.
The Ordinance maintains the requirement that Bed and Breakfast Inns may only be established
in a historic structure which has either been individually designated or classified as contributing
within a designated historic district. Other requirements which currently exist in the LDRs and
are being maintained and/or clarified include:
• That 1 parking space per unit and 1 parking space for the property owner be provided;
• That the property owner reside on the property;
• That the maximum stay shall not exceed 14 days within a 30 day period;
• That no more than one (1) employee may be employed in the management or
administration of the facility (this restriction excludes maintenance and cleaning
personnel);
• That an existing guest cottage may be utilized as the primary residence of the property
owner, and if historically designated for paying guests; and,
• That breakfast may be the only meal provided on site, and may not be served after
11 am.
In addition to amending Section 4.3.3(Y), Bed and Breakfast Inns, language has been added to
Section 4.3.3(Q), Guest Cottages, to exempt Bed and Breakfast Inns from the requirement
limiting guest cottage use for members of the family occupying the principal dwelling and their
nonpaying guests. This is to permit the use of a guest cottage as a unit for the Bed and
Breakfast Inn if it is also historically designated, or as the main dwelling for the property owners
of the Bed and Breakfast Inn.
Section 4.3.3(ZZZ), Transient Residential Use, has also been amended to exempt established
Bed and Breakfast Inns from these regulations, as a conflict would be created within the R-1,
and RL districts as transient uses or dwellings which have a turnover in occupancy of more than
six (6) times in any one (1) year are not permitted.
Lastly, the definitions for "Bed and Breakfast Inn" and "Guest Cottage" have been revised in
accordance with the aforenoted amendments with respect to their uses. Ordinance 11-10 is now
before the Board for consideration.
LDR Section 2.4.5(M)(5) (Findings) requires that the City Commission make a finding that the
text amendment is consistent with and furthers the Goals, Objectives and Policies of the
Planning and Zoning Board Staff Report, June 21, 2010
Ordinance 09-10: Amendment to LDRs Regarding Bed and Breakfast Uses
Page 3
Comprehensive Plan. The following Objective was found to be applicable to the subject
amendments:
Future Land Use Objective A-4 The redevelopment of land and buildings shall provide for the
preservation of historic resources. The objective shall be met through continued adherence to
the City's Historic Preservation Ordinance and, where applicable, to architectural design
guidelines through the following policies:
The subject amendments are consistent with the aforenoted Objective, as the ability to
redevelop a property and reuse a designated or contributing historic structure as a Bed and
Breakfast Inn will "provide for the preservation of historic resources." Therefore, positive findings
can be made with respect to Section 2.4.5(M)(5).
The West Atlantic Redevelopment Coalition (WARC) reviewed Ordinance 11-10 at their June
8, 2010 meeting and a recommendation of approval was made.
The Community Redevelopment Agency (CRA) reviewed Ordinance 11-10 at their June 10,
2010 meeting and a recommendation of approval was made.
The Downtown Development Authority (DDA) reviewed Ordinance 11-10 at their June 14,
2010 meeting and a recommendation of approval was made.
The Historic Preservation Board (HPB) reviewed Ordinance 11-10 at their June 16, 2010
meeting and a recommendation of approval was made on a vote of 6 to 0 with the
recommendation to extend the currently proposed fourteen (14) day maximum to twenty-one
(21) days.
The Pineapple Grove Main Street (PGMS) committee will review Ordinance 11-10 at their July
7, 2010 meeting and a recommendation will be forwarded to the City Commission.
Courtesy notices were provided to the following associations:
^ Neighborhood Advisory Council
^ Chamber of Commerce
^ (PROD) Progressive Residents of Delray
^ Del-Ida Park Neighborhood Association
Letters of objection and support, if any, will be provided at the meeting.
ASSESSMENT AND CONCLUSION
The purpose of this City-initiated LDR text amendment is to provide an additional alternative to
the adaptive reuse of historic structures, that are designated as contributing and located within a
historic district, or individually designated. Bed and Breakfast Inns are an additional means of
economic and tourism development and will cater to Delray Beach visitors who prefer
destinations rich with cultural and heritage tourism options. Further, the expansion of this use
into other zoning districts allows for the accommodation of additional visitors to Delray Beach.
The Bed and Breakfast Inns may also grant visitors an otherwise missed opportunity to see the
"Village By the Sea" from a more local perspective.
Planning and Zoning Board Staff Report, June 21, 2010
Ordinance 09-10: Amendment to LDRs Regarding Bed and Breakfast Uses
Page 4
There may be concerns with the establishment of a Bed and Breakfast Inn in an area or district
historically limited to residential uses (i.e. single-family or multi-family). However, the use is
proposed by this Ordinance as a conditional use in these districts and public notices will be
required via mail to all property owners within a 500' radius of the site, and properties will posted
with a public notice sign. Further, a requirement to limit their use within 300' of each other is
also proposed within the aforenoted zoning districts. These requirements are proposed to
prevent a concentration of Bed and Breakfast Inns and any negative impacts in residential
neighborhoods.
Based upon the above, positive findings can be made with respect to LDR Section 2.4.5(M)(5).
Move a recommendation of approval to the City Commission for Ordinance 11-10, a City-
initiated amendment to the Land Development Regulations, by adopting the findings of fact and
law contained in the Staff Report and finding that the request is consistent with the
Comprehensive Plan and meets the criteria set forth in LDR Section 2.4.5(M)(5).
Prepared by: Amy E. Alvarez, Historic Preservation Planner
Attachment:
^ Ordinance 11-10
7-afl-(~
2C THE PALM BEACH POST • WEDNESDAY, JULY 14, 2010
~100''5397445R
CITY OF DELRAY REACH
NOTICE OF PROPOSED AMENDMENTS TO
me ury ~ommnsion or the Gaily ot. Delray Boach;.Florida, proposes: to adopt
the following ordinances:
ORDINANCE N 09-10
AN ORDINANCE OF THE, CITY COMMISSION OF THE CITY OF DELRAY
BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS,
ARTICLE 4.4, "BASE ZONING DISTRICP', SECTION 4.4.9, "C ENERAL
COMMERCIAL DISTRICT", SUBSECTION (B}, "PRINCIPAL USES AND
STRUCTURES PERMITTED";SECTION 4.4.13, "CENTRAL BUSINESS DISTRICT",
SUBSECTION (B), "PRINCIPAL USES AND STRUCTURES' PERMUTED";
SECTION 4.4.15, "PLANNED OFFICE CENTER DISTRICT", SUBSECTION
(B), "PRINCIPAL USES AND. STRUCTURES PERMITTED"; .SECTION 4.4.16;
"PROFESSIONAL AND OFFICE DISTRICT", SUBSECTION (B}; "PRINCIPAL
USES AND STRUCTURES. PERMITTED."; SECTION 4.4.17,;; "RESIOENTtAI
OFFICE DISTRICT", SUBSECTIONS (Bj; "PRINCIPAL USES AND STRUCTURES
PERMITTED", AND (G), "SUPPLEMENTAL DISTRICT REGULATIONS", TO
SPECIFY AND CLARIFY MEDICALLY RELATED USES; AMENDING APPENDIX
"A", "DEFINITIONS", TO ENACT REVISED OR NEW DEFINITIONS FOR
"MEDICAL CLINIC", "MEDICAL. LABORATORY"; 'MEDICAC OFFICE"; AND
"PROFESSIONAL OFFICES" PROVIDII~IG A~SAVING CLAUSE; .A'GENERAL
REPEALER CLAUSE, AND AN EFFECTNE DATE.
ORDIIJANCE NO t j • 1_Q .
AN CNIDINANCE pF THE CITY COMMISSION OF THE CITY OF DELRAY
BEACH; FLORIDA; AMENDING -THE, CITY'S LAND' DEVFIncMFntr
~TION ID}, "CONDITIONAL USES ~
BED AND BREAKFAST INN AS.
ION 4.4.13, "CENTRAL atiswFSs
~--• ~ -.. ~, ,: nwwcrrviv~c vrn~t IKUJ DISTRICT",'sSUeSECTION '
IDJ, "CONDITIONAL USES:AND STRUCTURES ALLOWED"; AND SECTION
'4.4.24, "OLD SCHOOL SQUARE HISTORIC ARTS DISTRICT",.SUBSECTION
-(B}, "PRINCIPAL USES AND STRUCTURES", TO CLARIFY'BED AND BREAKFAST
INN USES; AMENDING APPENDIX "A", "DEFINITIONS", TO ENACT REVISED
DEFINITIONS FOR "BED AND BREAKFAST INN", AND "GUEST COTTAGE";
PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE; AND AN
EFFECTIVE DATE.
The, City Conimissicn will conduct hvo l2) Public Hearings for the purpose of
accepting public testimony regarding the proposed ortinances. The first Public
~HepFin~ will be held on T~J~$~YJUIY 6 2010 AT 7 OO PM in tfie Commission
'Chambers at'Cily Hall, 100;N.VY. 1° Avenue, Delray Beach, Florida. If'the
pproppo~sed ordinances prepaised on first reading, a second Public Hearing will
be held on TUESDAY. JULY 20 2nln er ~.nn p~~ (or at any confinuation of
such meeting which is set by the Commission) in fhe Commission Chambers ar
City Hall, .100 N. W: 1"Avenue, Delray Beach, Florida.
All interested cilitens are invited ro aHend the; public hearings and comment
ate o I eso earings b the Planning.and Zoning Department.-For further
igformation or to obtain a. copy of the proposed ordinances; please contact
the Planning and Zoning Deparhnent, .City Hall, 106 N. W, 1" Avenue, Delray
Beach, Florida 33444 (email at pzmail@mydelraybeach.com} or by ,calling
561/243``-70d0, between the~hovn'of 8:00 a.m. and 5:00 p.m:; Monday
through Friday, excluding holidayi.
Please be advised that if a person decides to dppeal o~ry decision made by the
City Commission with respect to.any mailer considered at these hearings, such
person may need b ensure that:o verbatim record includes the testimony and
evidence upon which the appeal is to be based. The Gy does not provide nor
prepare such record pursuant to F.S. 286.0105.
CITY OF DELRAY BEACH
Chevelle D, Nubin,'CMC
City Clerk
PUS: The Palm. Beach: Post,:
June 28, & July 14; 20 i 4