Ord 59-04
/
ORDINANCE NO. 59-04
AN ORDINANCE OF THE CITI COMMISSION OF THE CITI OF DELRA Y
BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT
REGULATIONS OF THE CODE OF ORDINANCES, BY AMENDING
SUBSECTION 4.3.4(K), "DEVELOPMENT STANDARDS MATRIX", TO
PROVIDE FOR A CHANGE IN THE MINIMUM BUILDING SETBACKS;
AMENDING SECTION 4.4.24, "OLD SCHOOL SQUARE HISTORIC ARTS
DISTRICT (OSSHAD)", TO PROVIDE FOR CHANGES TO THE PRINCIPAL
USES, ACCESSORY USES, CONDITIONAL USES, REVIEW AND
APPROVAL PROCESS, DEVELOPMENT STANDARDS AND SPECIAL
DISTRICT REGULATIONS IN ORDER TO HELP REGULATE
DEVELOPMENT SIZE, MASSING AND SCALE; PROVIDING A SAVING
CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE.
WHEREAS, pursuant to LDR Section 1.1.6, the P~ and Zoning BoardŠeviewed the
proposed text amendment at a public hearing held on \ C) ~ ~ ' and voted _ to..:1- 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 detennined that the change is consistent with and furthers
the goals, objectives and policies of the Comprehensive Plan.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRA Y BEACH, FLORIDA, AS FOILOWS:
Section 1. That Section 4.3.4, "Base District Development Standards", Subsection 4.3.4(1<),
"Development Standards Mattix", "Nonresidential Zoning District Mattix" 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 Develo,pment 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.
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Section 2. That Section 4.4.24, "Old School Square Historic Arts District", 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 4.4.24 Old School S<!uare Historic Arts District (OSSHAD)
(A) Pw;pose 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;
(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.
(B) Principal Uses and Structures: The following types of uses are allowed within the
OSSHAD as a permitted use:
(1) Resiàefttiti uses of sSingle family detached dwellings~ ftftd duplt:xt:3.
(2) Duplex structures.
(~}) Business, Professional, Medical and Governmental Offices.
(3Ð 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.
(4~) 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,
ORDINANCE NO. 59-04
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collectibles, custom apparel, jewelry, paintings, photography, picture framing, pottery, sculpture,
stained glass.
(~ Educational and/or Instructional activities including training, vocational, or
craft schools, the arts, personal development, and libraries, museums, and social and philanthropic
institutions.
(6TJ 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.
Pß) Providing of personal services such as barbershops, beauty shops, salons,
cosmetologists.
(82) Bed and Breakfast Inns.
(91!!) Catering services not associated with a restaurant, subject to the special
regulations of Section 4.4.24(H).
(Wll) Group Home, Type 1, pursuant to restrictions set forth in Section 4.3.3(1).
(H12) Within the following described areas, the uses allowed as permitted uses in
Section 4.4.13(B) pursuant to the base district and special regµlations provisioft3 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, Block 75
(e) Lots 1- 6, Block 76
(C) Accessory Uses and Structures Permitted: The following uses are allowed when
a part of, or accessory to, the principal use:
(1) Uses and structures normally associated with residences such as: bird aviaries,
dog houses and dog runs, garages, greenhouses, guest cottages, playhouses, pool houses and
covers/enclosures, pump houses, slat houses, storage sheds, workshops, swimming pools, and home
occupations.
(2) On a parcel that has as its principal use a non-residential use, there may be
08C 3íngk family re:fldeftee no more than two residential units, either within a separate structure or
within a structure housing a non-residential use, pffYn:ded that ofte of the 3ituatiOft3 e~t3:
ORDINANCE NO. 59-04
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(a) The re3ideftee i3 oeeapied by thc 8iN acr, propri:etof, Of employee of a
BU3Îfte33 eftterpfÎ3e eoftdtteted 8ft thc property; Of,
(b-) The bttMtie3s is owfted, 01' operated, By the ~fter 8f the pat:ed; or,
(e) The re3iàt:ftee i3 oeeapied by the 6'\VfI:Cf of thc pa-rcel
(3) Family Day Care
(4) Parking lots and refuse storage areas
(5) Outdoor dining areas which are accessory or supplemental to a restaurant or
business use, provided the operation of the outdoor dining area is limited to daylight hours.
(D) Conditional Uses and Structures Allowed: The following uses are allowed as
conditional uses within the OSSHAD:
(1) The exi3teftee 8f more than OM re3idefttiti t13e Oft a pareel t1p0ft whieh thefe
Ì3 mixed t13e (rc3idcatiti and ftOft re:iidcfttul t13age). More thaft oae residcatiti unit ftUty be loeated
within a mixed use 3tft1etuft:.
(2) Oft a pa-rcel that has &3 its principal U:ie a ftaft residefttial t1se, resitiefttiti use
wmeh. ocæt:s otftef than as pro'.¡ided for in Subsection (C) (2).
(;1) Outdoor dining which operates at night or which is the principal use or
purpose of the associated restaurant.
(42) Adult Congregate Living Facilities, Aleohol Mid Dreg .L\bu3e Treatmt:ftt
Residential Licensed Service Provider Facilities subject to restrictions set forth in Section 4.3.3(D),
Child Care, Adult Day Care, Continuing Care, Convalescent Homes, and Nursing Homes.
(~J) Parking lots not associated with a use.
(6f) Residential-type inns, not to exceed more than eighteen (18) individually
leased suites or rooms per acre.
P~) Group Home, Type 2, and Community Residential Homes, pursuant to
restrictions set forth in Section 4.3.3(1).
(E) Review and Ap.ptoval Process:
ORDINANCE NO. 59-04
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(1) All principal uses and accessory uses thereto, which do not require a permit
for Extcmal moàiMEatioft3 shall be allowed upon application for occupational to, and approval by,
the Chtef Building Official.
(2) Structures which require a building permit for external work must receive
approval from the Historic Preservation Board. or the Director of Planning and Zoning or designee.
as applicable. through the issuance of a Certificate of Appropriateness.
(3) For new development, or a change in use which results in the requirement to
provide additional parking. approval must be granted from the Historic Preservation Board pursuant
to Sections 2.4.5 (EE), (GID, and (HI).
(4) Conditional uses must be approved pursuant to Section 2.4.5~E). Prior to
action by the Planning and Zoning Board, the conditional use request must be reviewed by the
Historic Preservation Board with a recommendation forwarded by tftcm. to the Planning and
Zoning Board.
(F) Develo.pment Standards: The development standards as set forth, for the
OSSHAD District, in Section 4.3.4 apply, except fur as modified below:
(1) The following locations shall be subject to the development standards of the
CBD Zone District. excluding exceptions to height limitations provided in Section 4.3.40)(4):
(a) Lots 1- 7 and 19-24, Block 69
(b) Lots 7- 8, Block 75
(c) Lots 1- 6, Block 76
(2) The following location shall be subject to the development standards of the
GC zone District:
(a) Lots 13-16, Block 60
(b) Lots 1- 4, Block 61
(3) Parcels located along N .E. 1st A venue 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.
(4) Except for properties identified in Sections 4.4.24(F)(1) and (2) and the Old
School Square Cultural Arts Complex. the maximum width of a building fronting a street shall be
limited to 60' and shall have a minimum separation of 15' between buildings fronting a street in a
development sIte that contains more than one structure.
ORDINANCE NO. 59-04
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(5) The floor area for the third floor shall be limited to 50% of the second floor area
and the build1ng setbacks or planes of the façade are offset and varied to provide visual relief.
(6) Notwithstanding the provisions of Section 4.4.24(F)(4). or elsewhere in this
code. residential-t;ype inn developments. shall be permitted to:
(a) Connect adjacent on-site buildings using all-weather. covered walkways.
that are constructed of not less than 70% vertical transparent glass or similar
material. Said walkways shall be on the ground floor only. shall be located
not closer than 15 feet from the front building face. and may be joined to
elevators. lobbies. or accessory use facilities permitted herein:
(G) Supþlemental District Regulations: Supplemental district regulations as set forth
in Article 4.6, except as modified herein, apply:
(1) 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 Article 4.6 of these Supplemental
District Regulations [Subsection (G)], or provisions of the Banker's Row Development Plan,
whichever is more permissive.
(2) The perimeter landscaping requirements of Section 4.6.16(H)(3)(e) shall not
apply.
(3) All parking, except for single family homes and duplexes, shall be located in
the side or rear yard or adjacent to a rear alley. No such parking shall be located in the area between
any street and the closest building or structure. Where there are existing buildings or structures, the
Historic Preservation Board may waive this requirement during the site plan review process,
provided that it is detennined that compliance is not feasible and that the character of the area will
be maintained. If approved, such parking shall be substantially screened from off-premises view by a
hedge or decorative fencing.
(4) Parking Req.uirements:
(a) All non-residential uses, with the exception of restaurants, shall provide one
parking space per 300 sq.ft. of total new or existing floor area being converted to
non-residential use. This requirement may be reduced to one parking space per
400 sq. ft. of total floor area, or by at least one space, where there is a mix of
residential and non-residential use in the same structure.
(b) Restaurants shall provide six spaces per one thousand square feet of total new or
existing floor area being converted to restaurant use.
ORDINANCE NO. 59-04
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(c) Residential-type inns shall provide one parking space per guest room/unit. Other
accessory uses shall be calculated separately based upon square footage of the use
area as provided for in subsections 4.4.24 (G) (4) (a) and (b) above.
(5) If it is impossible or inappropriate to provide required parking on-site or off-
site, pursuant to Section 4.6.9(E)(4), the in-lieu fee option provided in Section 4.6.9(E)(3) may be
collected. For the purpose of this provision, "inappropriateness" may be considered in relationship
to the historic character of this zone district.
(6) When the parking requirements of Section 4.6.9(C) 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.
(H) Special District Regulations:
(1) Residential units within a structure containing permitted non-residential
use(s) shall not use more than 50% of the gross floor area of the structure within which they are
located.
(2) Residential uses shall comprise no less than 10% of the uses in the OSSHAD
District as expressed by the exclusive use of individual parcels, other than condominium
ownerships. The existence of an occupational license, except for one issued for a home occupation,
shall establish that such a parcel is non-residential.
(3) Residential-type inns shall create a transitional or buffer area between
residential uses and non-residential uses (such as office, commercial, etc.) which are either on or near
the subject property.
(4) A residential-type inn shall be associated with an historic structure and must
be residential in design, scale and character.
(5) Catering services cannot exceed 2,000 sq. ft. of total floor area and shall not
have overnight storage of more than two vehicles, which shall not exceed 1-1/2 ton capacity.
(6) 24-Hour or late night businesses as defined herein must be processed as a
conditional use and are subject to the provisions of Section 4.3.3(VV).
(J) Duplex structures must have an integJ:ated design to give the appearance of a
single family dwelling.
ORDINANCE NO. 59-04
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Section 3. 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 4. That all ordinances or parts of ordinances in conflict herewith be, and the same
are hereby repealed.
Section 5. That this ordinance shall become effective immediately upon its passage on
second and final reading.
\\.¡;~ p ASSED AN~D in regular session on second and final reading on this the
_ day of ~~ , 20.Q±..
fJæo~ ~
ATTEST '-.
~S).~
City Clerk
First Reading \~~\~
Second Reading \ ~\.p\DL\
ORDINANCE NO. 59-04
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGERðJt;\,
SUBJECT: AGENDA ITEM # \0-&- REGULAR MEETING OF NOVEMBER 16. 2004
ORDINANCE NO. 59-04
DATE: NOVEMBER 12, 2004
This Ordinance is before City Commission for second reading and second public hearing for a City
initiated amendment to Land Development Regulations (LDR), 4.3.4(K) "Development Standards
Matrix" to provide for a change in the minimum building setbacks and Section 4.4.24, "Old School
Square Historic Arts District" (OSSHAD), to provide for changes to the Principal Uses, Accessory
Uses, Conditional Uses, Review and Approval Process, Development Standards and Special District
Regulations to regulate development size, massing, and scale.
The proposed text amendment will allow no more than two residential units in a mixed use structure.
The LDR change will also clarify that multiple family structures and townhouses are not currendy
permitted in the district, while not preventing residential uses in a mixed-use structure in a manner
more consistent with the neighborhood. The amendment also limits the width of a building fronting
a street to 60' and requires a minimum separation of 15' between buildings fronting a street for a
development site that contains more than one structure. These regulations will not apply to the Old
School Square Cultural Arts Center or the properties that are subject to the CBD (Central Business
District) regulations, except that the amendment will not allow a building height in excess of 48' on
OSSHAD zoned properties subject to the CBD regulations.
The Planning and Zoning Board held a public hearing regarding this item. There were two members
of the public who spoke in opposition to the amendment. One person owned two (2) properties and
was concerned that he could not add additional units on the property. He was informed that multiple
family structures are currendy not allowed and the amendment will provide clarification to that affect.
A representative of Dharma Properties (owner of Sundy House and adjacent properties) expressed
concerns with limiting the width of the structures fronting a street and felt that existing historic
structures could not be constructed based on the proposed amendment. After discussing the
amendment, the Board voted 5-1 to recommend to the City Commission approval of the proposed
amendment, 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) (Amendment to the Land Development Regulations).
At the first reading on November 2, 2004, the Commission passed Ordinance No. 59-04.
Recommend approval of Ordinance No. 59-04 on second and final reading.
S:\Üty Clerk\agenda memos.Ord 5904 OSSHAD Amendmg 4 3.4(K) & 4 4 2411 16.04
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CITY COMMISSION DOCUMENTATION
TO: DAVID T. HA CI ~
THRU: PAUL DORLI G, DIRECT R OF ANNING AND ZONING
FROM: JEFFREY A. COSTEllO, ASSI NT PLANNING DIRECT
SUBJECT: MEETING OF NOVEMBER 2, 2004
CONSIDERATION OF A CITY-INITIATED AMENDMENT TO lDR SECTIONS
4.3.4(K) AND 4.4.24 REGARDING THE OSSHAD ZONING DISTRICT
REGULATIONS.
J BACKGROUND ~
The City Commission has raised concerns that the current Old School Square Historic Arts District
(OSSHAD) zoning district regulations do not adequately discourage development/redevelopment
which could negatively impact the character of the District. Staff was directed to study the Old
School Square Historic Arts District (OSSHAD) zoning district regulations and make revisions to
the district regulations that would ensure the character of the district is preserved.
The proposed text amendment will allow no more than two residential units in a mixed use
structure The LDR change will also clarify that multiple family structures and townhouses are not
currently permitted in the district, while not preventing residential uses in a mixed-use structure in a
manner more consistent with the neighborhood. To this end, the amendment also limits the width
of a building fronting a street to 60' and requires a minimum separation of 15' between buildings
fronting a street for a development site that contains more than one structure. These dimensions
have been selected as it reflects the prominent development pattern given the average lot width of
75' and requires side setbacks of 7Y2' within the district. In order to accommodate massing and
scale appropriate to the district, the floor area for the third floor shall be no more than 50% of the
second floor area and the building setbacks or planes of the façade shall be offset and varied to
provide visual relief. It is noted, this LDR amendment also provides for clarifications to uses as well
as minor corrections to the text of the OSSHAD regulations. These regulations will not apply to the
Old School Square Cultural Arts Center or the properties that are subject to the CBD (Central
Business District) regulations, except that the amendment will not allow a building height in excess
of 48' on OSSHAD zoned properties subject to the CBD regulations.
Pursuant to LDR Section 2.4.5(M)(5), approval of an LDR amendment must be based upon a
finding that the amendment is consistent with and furthers the Goals, Objectives, and Policies of
the Comprehensive Plan. As indicated in the attached staff report, the proposed text amendment
will further the Goals, Objectives, and Policies of the Comprehensive Plan, as well as the purpose
and intent of the OSSHAD zoning district. Additional background and a detailed analysis of the text
amendment are provided in the attached Planning and Zoning Board staff report of October 18,
2004.
t pLANNING AND ZONING BOARD CONSIDERATION "I
The Planning and Zoning Board held a public hearing regarding this item at its meeting of October
18, 2004. There were two members of the public who spoke in opposition to the amendment. One
person owned two properties and was concerned that he could not add additional units on the
property as a result of the amendment. He was informed that multiple family structures are
currently not allowed and the amendment will provide clarification to that affect. A representative
of Dharma properties (owner of Sundy House and adjacent properties) expressed concerns with
limiting the width of the structures fronting a street and felt that eXisting historic structures could not
\'01\
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City Commission Documentation
Meeting of November 2, 2004
LDR Amendment - City-initiated OSSHAD text amendment
Page 2
be constructed based on the proposed amendment. After discussing the amendment, the Board
voted 5-1 (Pike dissenting, Krall absent) to recommend to the City Commission approval of the
proposed amendment 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 Land Development Regulations.
~ RECOMMENDED ACTION I
By motion, move to approve the amendment to LDR Sections 4.3.4(K) and 4.4.24 and 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 Land
Development Regulations, with second reading to occur on November 16, 2004
Attachment: Proposed Ordinance & Planning & Zoning Board Staff Report of October 18, 2004
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ORDINANCE NO. 59-04
AN ORDINANCE OF THE CI1Y COMMISSION OF THE CITY OF DELRA Y
BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT
REGULATIONS OF THE CODE OF ORDINANCES, BY AMENDING
SUBSECTION 4.3.4(K), "DEVELOPMENT STANDARDS MATRIX", TO
PROVIDE FOR A CHANGE IN THE MINIMUM BUILDING SETBACKS;
AMENDING SECTION 4.4.24, "OLD SCHOOL SQUARE HISTORIC ARTS
DISTRICT (OSSHAD)", TO PROVIDE FOR CHANGES TO THE PRINCIPAL
USES, ACCESSORY USES, CONDITIONAL USES, REVIEW AND
APPROVAL PROCESS, DEVELOPMENT STANDARDS AND SPECIAL
DISTRICT REGULATIONS IN ORDER TO HELP REGULATE
DEVELOPMENT SIZE, MASSING AND SCALE; 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 , and voted _ to _ 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 detennined that the change is consistent with and furthers
the goals, objectives and policies of the Comprehensive Plan.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRA Y BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Section 4.3.4, "Base District Development Standards", Subsection 4.3.4(K),
"Development Standards Matrix", "Nonresidential Zoning District 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 matrices set forth the minimum
and maxunum development standards for each zoning district subject to descriptions,
interpretations, and exceptions as provided for elsewhere in Section 4.3.4.
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Section 2. That Section 4.4.24, "Old School Square Historic Arts District", 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 4.4.24 Old School Square Historic Arts District (OSSHAD)
(A) Pur.pose 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;
(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.
(B) Principal Uses and Structures: The following types of uses are allowed within the
OSSHAD as a permitted use:
(1) RC3idcftttal U3CS of sSingle family detached dwellings~ aad duplcxC3.
(2) Duplex structures.
(~J) Business, Professional, Medical and Governmental Offices.
(~ Retail sales through specialty shops (single purpose businesses) such as: bath
shops, book stores, gift shops, florists, hobby shops, kitchen shops, boutiques, bicycle shopsa
excluding liquor stores. convenience stores and drug stores.
(4~ 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,
ORDINANCE NO. 59-04
collectibles, custom apparel, jewelry, paintings, photography, picture framing, pottery, sculpture,
stained glass.
(~Q) Educational and/or Instructional activities including training, vocational, or
craft schools, the arts, personal development, and libraries, museums, and social and philanthropic
institutions.
(é1) 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.
(+ß) Providing of personal services such as barbershops, beauty shops, salons,
cosmetologists.
(82) Bed and Breakfast Inns.
(91Q) Catering services not associated with a restaurant, subject to the special
regulations of Section 4.4.24(H).
(4411) Group Home, Type 1, pursuant to restrictions set forth in Section 4.3.3(1).
(4+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 pfcy;i3ion3 of the Central
Business District regulations shall also be allowed 111 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, Block 75
(e) Lots 1- 6, Block 76
(C) Accessoty Uses and Structures Permitted: The following uses are allowed when
a part of, or accessory to, the principal use:
(1) Uses and structures normally associated with residences such as: bird aviaries,
dog houses and dog runs, garages, greenhouses, guest cottages, playhouses, pool houses and
covers/enclosures, pump houses, slat houses, storage sheds, workshops, swimming pools, and home
occupations.
(2) On a parcel that has as its principal use a non-residential use, there may be
one: single: fMnily reside:ßee no more than two residential units, either within a separate structure or
within a structure housing a non-residential use, pr£Y.-ided that oae of the 3imatfofi3 exÏ3t3:
ORDINANCE NO. 59-04
(a) The restdeftee i3 oeeapied b,- the O'Wflcr, proprietor, Of employee of a
bustne33 eatcrpftse eoaooeted Oft thc propcrty; or,
(6) The busmes3 i3 o'Wfled, or opented, by the OWftCf of the pared; or,
('C) The residcaec is oeeapied by tfic owfter of the parcel.
(3) Family Day Care
(4) Parking lots and refuse storage areas
(5) Outdoor dining areas which are accessory or supplemental to a restaurant or
business use, provided the operation of the outdoor dining area is limited to daylight hours.
(D) Conditional Uses and Structures Allowed: The following uses are allowed as
conditional uses within the OSSHAD:
(1) The eJfÍ3tefteC of more thaft ofte rt:3ideftt'ia1 use Oft a pft1'Cd UpOft whieh thert:
is mixed 1:13e (re3Í<ieat'ia1 aad ftOft re3idefttÌal u3age). Mort: thaft ofte re3ideftt'ia11:1fl:it m.ay be loeated
witftifl. a mtxcd use 3trudl:1fe.
(2) Oa a p8:fcd that baa a3 its priHeipøll:1se a 80ft rt:sÍ<iefttift.J. use, residœtiøl use
wmeh oeeUf3 othef maft 43 pr<Y.rided for ift Sooseetioft (C) (2).
(;1) Outdoor dining which operates at night or which is the principal use or
purpose of the associated restaurant.
(42) Adult Congregate Living Facilities, Alcohol and Drug i\bu3e Trt:atmeftt
Residential Licensed Service Provider Facilities subject to restrictions set forth in Section 4.3.3(D),
Child Care, Adult Day Care, Continuing Care, Convalescent Homes, and Nursing Homes.
(~J) Parking lots not associated with a use.
(61) Residential-type inns, not to exceed more than eighteen (18) individually
leased suites or rooms per acre.
P:2) Group Home, Type 2, and Community Residential Homes, pursuant to
restrictions set forth in Section 4.3.3(1).
(E) Review and ApJ)roval Process:
ORDINANCE NO. 59-04
(1) All principal uses and accessory uses thereto, which do not require a permit
fOf extemal moclifieatiofts shall be allowed upon application for occupational to, and approval by,
the Chief Building Official.
(2) Structures which require a building permit for external work must receive
approval from the Historic Preservation Board. or the Director of Planning and Zoning or designee.
as applicable. through the issuance of a Certificate of Appropriateness.
(3) For new development, or a change in use which results in the requirement to
provide additional parking. approval must be granted from the Historic Preservation Board pursuant
to Sections 2.4.5 (BE), (GH), and (HI).
(4) Conditional uses must be approved pursuant to Section 2.4.5~E). Prior to
action by the Planning and Zoning Board, the conditional use request must be reviewed by the
Historic Preservation Board with a recommendation forwarded by tflcm.. to the Planrung and
Zoning Board.
(F) Development Standards: The development standards as set forth, for the
OSSHAD District, in Section 4.3.4 apply, except fur as modified below:
(1) The following locations shall be subject to the development standards of the
CBD Zone District. excluding exceptions to height limitations provided in Section 4.3.4(J)(4):
(a) Lots 1- 7 and 19-24, Block 69
(b) Lots 7- 8, Block 75
(c) Lots 1- 6, Block 76
(2) The following location shall be subject to the development standards of the
GC zone District:
(a) Lots 13-16, Block 60
(b) Lots 1- 4, Block 61
(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.
(4) Except for properties identified in Sections 4.4.24(f)(1) and (2) and the Old
School Square Cultural Arts Complex. the maximum width of a building fronting a street shall be
limited to 60' and shall have a minimum separation of 15' between builchngs fronting a street in a
development site that contains more than one structure.
ORDINANCE NO. 59-04
(5) The floor area for the third floor shall be limited to 50% of the second floor area
and the building setbacks or planes of the façade are offset and varied to provide visual relief.
(6) Notwithstanding the provisions of Section 4.4.24(F)(4). or elsewhere in this
code. residential-t;ype 111n developments. shall be permitted to:
(a) Connect adjacent on-site buildings using all-weather. covered walkways.
that are constructed of not less than 70% vertical transparent glass or similar
material. Said walkways shall be on the ground floor only. shall be located
not closer than 15 feet from the front building face. and may be joined to
elevators. lobbies. or accessor.y use facilities permitted herein~
(G) Sup-plemental District Regulations: Supplemental district regulations as set forth
in Article 4.6, except as modified herein, apply:
(1) 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 Article 4.6 of these Supplemental
District Regulations [Subsection (G)], or provisions of the Banker's Row Development Plan,
whichever is more permissive.
(2) The perimeter landscaping requirements of Section 4.6.16(H) (3) (e) shall not
apply.
(3) All parking, except for single family homes and duplexes, shall be located in
the side or rear yard or adjacent to a rear alley. No such parking shall be located in the area between
any street and the closest buùding or structure. Where there are existing buildings or structures, the
Historic Preservation Board may waive this requirement during the site plan review process,
provided that it is detennined that compliance is not feasible and that the character of the area will
be maintained. If approved, such parking shall be substantially screened from off-premises view by a
hedge or decorative fencing.
(4) Parking Requirements:
(a) All non-residential uses, with the exception of restaurants, shall provide one
parking space per 300 sq. ft. of total new or existing floor area being converted to
non-residential use. This requirement may be reduced to one parking space per
400 sq.ft. of total floor area, or by at least one space, where there is a mix of
residential and non-resIdential use in the same structure.
(b) Restaurants shall provide six spaces per one thousand square feet of total new or
existing floor area being converted to restaurant use.
ORDINANCE NO. 59-04
·
(c) Residential-type inns shall provide one parking space per guest room/unit. Other
accessory uses shall be calculated separately based upon square footage of the use
area as provided for in subsections 4.4.24 (G) (4) (a) and (b) above.
(5) If it is impossible or inappropriate to provide required parking on-site or off-
site, pursuant to Section 4.6.9(E)(4), the in-lieu fee option provided in Section 4.6.9(E)(3) may be
collected. For the purpose of this provision, "inappropriateness" may be considered in relationship
to the historic character of this zone district.
(6) When the parking requirements of Section 4.6.9(C) 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.
(H) Special District Regulations:
(1) Residential units within a structure containing permitted non-residential
use(s) shall not use more than 50% of the gross floor area of the structure within which they are
located.
(2) Residential uses shall comprise no less than 10% of the uses in the OSSHAD
District as expressed by the exclusive use of individual parcels, other than condominium
ownerships. The existence of an occupanonallicense, except for one issued for a home occupation,
shall establish that such a parcel is non-residential.
(3) Residential-type inns shall create a transitional or buffer area between
residential uses and non-residential uses (such as office, commercial, etc.) which are either on or near
the subject property.
(4) A residential-type inn shall be associated with an historic structure and must
be residential in design, scale and character.
(5) Catering services cannot exceed 2,000 sq. ft. of total floor area and shall not
have overnight storage of more than two vehicles, which shall not exceed 1-1/2 ton capacity.
(6) 24-Hour or late night businesses as defined herein must be processed as a
conditional use and are subject to the provisions of Section 4.3.3(VV).
(1) Duplex structures must have an integrated design to give the appearance of a
single family dwelling.
ORDINANCE NO. 59-04
Section 3. 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 4. That all ordinances or parts of ordinances in conflict herewith be, and the same
are hereby repealed.
Section 5. 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 the
_ day of ,20_.
ATTEST MAYOR
Acting City Clerk
First Reading
Second Reading
ORDINANCE NO. 59-04
CITY OF DELRAY BEACH tt: (}dAO(~h0
. NOTICE OF PROPOSED AMENDMENT TO
THE LAND DEVELOPMENT REGULATIONS
AMENDING SEalON 4.3.4(K),
~D~nAN&¥TJIX",
TO P OVI fO .~; . . Iffllf("'ô~ co
'"
MIN.IMUM BUILDING SETBACKS; ~
:>J
AMENDING SEalON 4.4.24, HOLD 1
..
SCHOOL SQUARE HISTORIC ARTS DISTRla i
'"
(OSSHAD)", TO PROVIDE FOR CHANGES ..
II
~
:z:
.10 THE PRINCIPAL USES, ACCESSORY 1
I
USES, CONDITIONAL USES, REVIEW AND I
APPROVAL PROCESS,' DEVELOPMENT :z:
STANDARDS AND SPECIAL DISTRla ~
3
a
REGULATIONS IN ORDER TO HELP !!t
i
REGULATE DEVELOPME-NT SIZE, MASSING g,
::0
i
AND SCALE ,[1!
I
3
1M City CommisslOll oE!he City oE Delrar Beach, FIonda, proposes to adopt !he fc - i
-
lowing orcIinanc:e' ?
...
~
ORDINANCE NO. 59-04 .
AN ORDINANCE OF THE OTY COMMISSION OF THE OTY OF DElRAY BEAOi, I
a
flORIDA, AMENDING THE LAND DEVELOPMENT REGUlATIONS OF THE CODE I
OF ORDINANCES, BY AMENDING SUBSECTION 4 3 4(1<), "DEVELOPMENT STAN·
DARDS MATRIX". TO PROVIDE FOR A CHANGE IN THE MINIMUM BUIlDING SET- S
BACKS; AMENDING SEOJON 4.4.24, "OLD SOiOOl SQUARE HISTORIC ARTS 3
DISTRICT (OSSHAD)", TO PROVIDE FOR CHANGES TO THE PRINCIPAL USES,
ACCESSORY USES, CONDIT1ONAl USES. REVIEW AND APPROVAL PROCESS,
DEVELOPMENT STANDARDS AND SPECIAl. DISTRICT REGUlATIONS IN ORDER TO
HElP REGUIA'ΠDEVELOPMENT SIZE. MASSING AND SCALE, PROVIDING A SAV-
ING GAUSE, A GENERAL REPEAlfR ClAUSE, AND AN EFFEC11VE DA'Œ.
1M City Commission Will conduct two (2) Public Hearings lor !he purpose of ac:œpt-
ins public lesfnnony regarding !he proposed ord,nance The lirot Public Hearing will
be held on TUESDAY. NOVEMBER 2. 2004. AT 7:00 P.M. In the Commission
Chambers at City Hall, 100 N W 1 sf Aveñue. Delray Beach. Florida. If !he pro-
posed ord,nance is passed on lirst reading, 0 second Public Hearing will be held on
. TUESDAY. NOVEMBER 16. 2004. AT 7:00 P.M. (or at any confinuotion oE
such meeting wInch is set by !he CommIssion)
All intefested citizens øre ill'iiled to oIIend !he publIC hearings and comment upon !he
proposed ordinance or submd lheir comments in wrifing on or before !he do1e of these
hearings to the Planning and Zoning Deportment. For further inlormat.on or to obtain
o copy oE !he proposed ord,nance. please contocI Ihe Planning and Zoning
Depor1ment. City Hal, 100 NW. 1.sf A_, Delroy Beach, Florida 33444 (ema,1 at
pzmoi~~ COIIII or by colling 561/243-7040), beIween Ihe hours of
8-00 0 m and 5:00 pm, Monday Ihrough Friday, excluding holidays.
PlEASE BE ADY1SED THAT IF A PERSON DEODES TO AI'PEAL At« DEOSION
MADE BY THE OTY COMMISSION WIIH RESPECT TO At« MATTER CONSIDERED
þJ THESE HEARINGS. SUCH PERSON MAY NEED TO ENSURE THAT A VERBA11M
RECORD INClUDES THE TEST1.YoONY AND EVIDENCE UPON WHIOi THE APPEAL
IS TO BE BASED. THE OTY DOES NOT PROVIDE NOR PRB'ARE SUCH RECORD
PURSUANT TO F.5. 286.01 05.
OTY OF DElRAY BEACH
C'-IIe D ~
Acting City CIeri<
PUBUSH: Monday, October 25, 2004
MIsday. Ncwemher 9. 2004
ADI NSl00470
CITY. Of DElRAY BaCH CC " C MoICw.vne. {WJ
'NOTICE OF PRÒPOSED -AMENDMENT TO_ rn lucù dhd
THE LAND DEVELOPMEN-TREGULATIONS
AMEN~IN_G SEqlON 4.3~4(Kt.·· ~ _ >
uDEVELOPMENT STANDARDS'MATRIXlt/
TO PROVIDE fOR A CHANGE IN THE 1
MINIMUM BUILDING SETBACKS;
AMENDING SECTION 4.4.24, "OLD i
!
SCHOOL SQUARE HISTORIC ARTS DISTRICT ¡.,
~
(OSSHAD)", TO PROVIDE FOR CHANGES .
g
TO THE PRINCIPAL USES, ACCESSORY ..
~
USES, CONDITIONAL USES, REVIEW AND <!.
5i'
APPROVAL PROCESS, DEVELOPMENT ~
STANDARDS AND SPECIAL DISTRICT go
¡!¡
-or
REGULATIONS IN ORDER TO HELP z
..
~
REGULATE DEVELOPMENT SIZE, MASSING I
;;:
g
AND SCALE ...
~
0
The Ci1y CommIssion 01 the Ci1y of Delroy Beach, Florida, proposes to adopt the 101· i
~
lowing ordmance: '"
!"
'"
.'"
ORDINANCE NO. 59-04 ""
f"
.....
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DElRAY BEACH,
FLORIDA, AMENDING 1HE LAND DEVELOPMENT REGULATIONS OF THE CODE
OF ORDINANCES, BY AMENDING SUBSECTION 4 3.4(K , "DEVElOPMENT STAN·
DARDS MATRIX", TO PROVIDE FOR A CHANGE IN THE MINIMUM BUIlDING SET·
BACKS, AMENDING SECTION 4.4.24, "OlD SCHOOl SQUARE HISTORIC ARTS
DlSTRIO (OSSHADI·, TO PROVIDE FOR CHANGES TO 1HE PRlNOPAL USES,
ACCESSORY USES, CðNDITJONAl USES, REVIEW AND APPROVAL PROCESS,
DEVElOPMENT STANDARDS AND SPEC1AI. DlSI10CT REGUlATIONS IN ORDER TO
HELP REGULATE DEVElOPMENT SIZE, MASSING AND SCALE, PROVIDING A SAV'
ING QAUSE, A GENERAL REPEAlER ClAUSE, AND AN EFFECTIVE DATE
The City Comnllssion will conduct 1wa (2) Public Hearings for the purpose of accept-
ing public lesfimony regarding the proposed ordinance. The /ir$f PubtlC Hearing will
be held on TUESDAY. NOVEMBER 2. 2004. AT 7:00 P.M. In the CommlsslOl1
Chambers at Ci1y Hall, lOON W 1 st A""nue, Delroy 8each, Florida. If the pro-
posed-ordinance is pasoed on first reading, a second Public Heanng will be held on
TUESDAY. 'NOVEMBER 16. 2004. AT 7:00 P.M. (or at any continuation of
such "-;ng wh,ch i. set by the Commission).
All inIeresIed c:ffizen. are invited to attend the public hearings and comment upon the
proposed ordinance or submit their COIIII'*'ts in writing on or before the date of theM
heanngs 10 the Planning and Zoning Department. Far further information or to obtain
a c:opy 01 !he proposed ordinance, please conIact the Planning and Zoning
Department, City Hall, lOON W. 1 sf A-.ue, Delroy 8each, FIonda 33444lemail at
pzmm~rqybeach com) or by œIIing 561/243-7(40), beIwø.J the hours of
8.00 a.m. andS'OO p.m., Monday through Fnday, exduding holidays.
PlEASE BE ADVISED THAT IF A PERSON DEODES J9-APPEAL ÞH'f DECISION
MADE BY 1HE 01Y COMMISSION WITH RESI'ECL1() ANY MAllER CONSIDERED
AT lHESE HEARINGS, SUOI PERSON MAµ.EÊÓ TO 8'ISURE THAT A VER8Al1M
RECORD INCLUDES lHE TES11MON'(ANO EVIDENCE UPON WHIOi lHE APPEAL
IS TO BE RASED lHE CITY DOEs NOT PROVIDE NOR PREPARE SUCH RECORD
PURSUANTTOFS 2860105.
CITY OF DElRAY BEACH
chøveIfe D. Nub",
Achng City ClerIc
PUBlISH: Monday, October 25, 2004
, Tuesday, NaYember 9, 2004
ÞDtI NSl00470 .