Ord 64-04
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ORDINANCE NO. 64-04
AN ORDINANCE OF THE CITI COMMISSION OF THE
CITI OF DELRA Y BEACH, FLORIDA, AMENDING THE
LAND DEVELOPMENT REGULATIONS OF CODE OF
ORDINANCES, BY AMENDING SUB-SUBSECTION
4.3.3(0)(1), "APPLICATION"; SUB-SUBSECTION 4.3.40)(4),
"INCREASES TO HEIGHT REGULATIONS"; SUBSECTION
4.3.4(K), "DEVELOPMENT STANDARDS MATRIX";
SECTION 4.4.9, "GENERAL COMMERCIAL (GC) DISTRICT;
SECTION 4.4.13, "CENTRAL BUSINESS (CBD) DISTRICT";
SUBSECTION 4.4.24(F), "DEVELOPMENT STANDARDS";
SECTION 4.5.6, "THE WEST ATLANTIC OVERLAY
DISTRICT'; SUBSECTION 4.6.4(A), "COMMERCIAL ZONING
ADJACENT TO RESIDENTIAL ZONING OR ZONING
DISTRICTS WITH A THIRTY-FIVE (35) FOOT HEIGHT
LIMITATION"; SUB-SUBSECTION 4.6.9(E)(3), "IN-LIEU FEE"
AND SUBSECTION 4.6.18, "ARCHITECTURAL ELEVATIONS
AND AESTHETICS"; 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 October 18, 2004, and voted 1.2 to 0 to
recommend that the changes be approved; and
WHEREAS, pursuant to Florida Statute 163.3174(4)(c), the Planning and Zoning Board, sitting as
the Local Planning Agency, has detennined that the change is consistent with and furthers the goals,
objectives and policies of the Comprehensive Plan; and
WHEREAS, the adopted Downtown Delray Beach Master Plan mandated that design guidelines
for the downtown area be created to establish land development regulations to ensure building
forms of a character and scale that reinforce the Citizens' vision of a "City of urban amenities with a
small town feeling," create pedestrian friendly streets, promote areas of special character, and
preserve heritage in the development process; and
WHEREAS, in order to mitigate the mass/scale and uniform monolithic appearance of large
buildings and ensure that the architectural composition of new development incorporate
architectural features that will provide visual interest, while allowing design flexibility, the City
Commission amended the Land Development Regulations on May 4, 2004 to incorporate design
guidelines for the three sub-areas of the downtown area (West Atlantic Neighborhood, Central Core
and Beach Area); and
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WHEREAS, the zoning designation for the West Atlantic Neighborhood area has changed from
General Commercial to CBD (Central Business District).
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITI OF
DELRAY BEACH, THAT:
SECTION 1. That Section 4.3.3, "Special Requirements for Specific Uses," Subsection 4.3.3(0),
"Townhouses and Townhouse Type of Development," Sub-subsection 4.3.3(0)(1), "Application",
of the Land Development Regulations of the Code of Ordinances of the City of Dekay Beach,
Florida, be, and the same is hereby amended to read as follows:
(1) Application: These special requirements apply to townhome or townhouse development and
to apartment complexes which are designed in the style of a townhome, except projects
located within the Central Business District, CeRenl Commercial West AtlMltie Overtily
Di3tf'Ït:t, and Central Business District - Railroad Corridor, which shall comply with the
applicable district regulations.
. . .
SECTION 2. That Section 4.3.4 "Base District Development Standards," Subsection 4.3.40),
"Height,", Sub-subsection 4.3.40)(4), "Increases to Height Regulations", of the Land Development
Regulations of the Code of Ordinances of the City of Dekay Beach, Florida, be, and the same is
hereby amended to read as follows:
(4) Increases to Height Regulations:
(a) Prohibitions: There are no provisions which allow, nor is the Board of Adjustment
empowered to grant, an increase of height for any purpose in the following zone
districts:
Single FamilY (R-l) Districts RNral Residential (RR)
Agriculture (Ag) Mobile Home (MH)
Low Densi!) &sidential (RL) Medium Densi!) Residential (RM)
Planned &sidential Development (pRD) &sidentialOffice (RO)
Neighborhood Commercial (NC) Professional and Office District (POD)
Conservation District (CD) Open Space (OS)
2 ORD NO. 64-04
(b) Allowances: An increase, to a maximum height of sixty feet (60'), may be approved by
the City Commission in any zone district not listed above when approved pursuant to
the processing of a conditional use request and based upon a finding of compliance with
each of enumerated critena listed below.
(i) That the structure is to be located in one of the following geographic areas:
(1) Area "A" - all property located east of Congress Avenue and west ofI-95.
(2) Area "B" - the property encompassed by the Delint DR!, with the exception
of that portion platted as "Waterford Village"; along with property located
west ofS.W. 10th Avenue, south of Linton Boulevard, and east ofI-95.
(3) Area "c" - the property encompassed by the boundary of Linton Boulevard,
Wallace Drive, S.W. 10th Street, and 1-95.
(4) Area "D" - the properties located south of Atlantic Avenue, north of S.W.
1st Street, west of S.W. 2nd Avenue, and east of S.W. 4th Avenue; and the
properties located north of Atlantic Avenue, south of N.W. 1st Street, west
ofN.W. 1st Avenue, and east ofN.W. 3rd Avenue.
(5) Area "E" - the property encompassed on the west by the F.E.C. Railroad, on
the east by the Intracoastal Waterway, on the south by Allen Avenue
extended to said easterly and westerly boundaries, and on the north to the
northernmost boundary of the City.
(6) Area "F" - the property located between the one-way pair system of Federal
Highway (5th and 6th Avenues).
(J) Area "G" - the property on either side of Linton Boulevard, extending 200
feet north and south of its ultimate right-of-way, extending from 1-95 to
Dixie Highway.
(8) Area "H" - the area bounded by Linton Boulevard on the south, the F.E.C.
Railroad on the east, the combination of Southridge Road and Swinton
Avenue on the north, and S.W. 4th Avenue on the west.
(9) Area "I" - all property within the Central Core portion of the CBD (Central
Business District) exeept for pfØpCfiy lyiflg cast of the Iaà'aeoa3t&l WaterMJ:y.
(to) Area "J" - the property encompassed by Lindell Boulevard on the north,
Federal Highway on the east, Dixie Highway on the west, and the City limits
on the south.
3 ORD NO. 64-04
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(ü) That the increase in height will not provide for, nor accommodate, an increase in
the floor area (within the structure) beyond that which could be accommodated by
development which adheres to a height limitation of 48 feet, except for the
following situations:
(1) An increase in intensity is allowed when the increase from 48 feet to 60 feet
is for the purpose of accommodating residential use on the top floor of the
structure; however, the increase in intensity is only for the added residential
use area;
(2) An increase in intensity is allowed when there is a transfer of development
rights pursuant to Section 4.6.20.
(ill) That the increase in height is based on or will result in one, or more, of the
following:
(1) A demonstrable need that, in order to accommodate the nature of a
particular use or a particular matter or type of construction, a greater than
normal space between floors or height of story is necessary; or
(2) That 50% or greater of an area of the ground floor is devoted to parking and
vehicular traffic circulation; or
(3) That for each foot in height above 48 feet, an additional building setback of
two feet is provided from the building setback lines which would be
established for a 48-foot tall structure. The additional setba.ck is required
from all setback lines (i.e., front, side, and rear) for the portion of the
building that extends above 48 feet. In lieu of this setback requirement,
buildings in the CBD zone shall adhere to the setba.ck requirements of that
district.
. . .
SECTION 3. That Section 4.3.4, ''Base District Development Standards," Subsection 4.3.4 (K),
"Development Standards Matrix," of the Land Development Regulations of the Code of
Ordinances of the City of Dekay Beach, Florida, be, and the same is hereby amended to read as
follows:
Section 4.3.4 Base District Development Standards:
(1<) Development Standards Matrix: The following matrices set forth the minimum and
maX1ttlum development standards for each zorung district subject to descriptions,
interpretations, and exceptions as provided for elsewhere in Section 4.3.4.
4 ORD NO. 64-04
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5 ORD NO. 64-04
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SECTION 4. That Section 4.4.9, "General Commercial (GC) District," of the Land
Development Regulations of the Code of Ordinances of the City of Dekay Beach, Florida, be, and
the same is hereby amended to read as follows:
Section 4.4.9 General Commercial (GC) District:
(A) Purpose and Intent: The General Commercial (GC) District provides basic regulations
for small parcels which are best suited for general retail and office uses but which are not of
sufficient size to be designed in a planned sense. The GC designation is applied to small parcels,
most of which are developed, where adherence to standard regulations is most appropriate. The GC
designation is to be applied primarily along arterial and collector streets. Uses may be conducted
singularly or in comb111ation within the same structure.
(B) Principal Uses and Structures Permitted: The following are allowed within the GC
District as permitted uses, exeept 8:3 prohibited in the West }...tlaatie }...veflue ~erlay Di3trtCt by
Seetiofl1.1.9(C)(1)(a):
(1) General retail uses including, but not limited to:
* Antiques, arts and crafts, automotive parts, baked goods, books, carpet and floor
covering, cheeses, beer, wine, liquor, confectioneries, cosmetics, meats, draperies
and slipcovers, medicines and prescriptions, electrical fixtures and supplies, fabrics,
fish, flowers and plants, fruits and vegetables, food, garden supplies, gifts,
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 including, but not limited to:
* Interior decorating, medical and dental clinics, medical and dental laboratories,
photographic studios, printing and publishing, professional offices.
(3) Contractor's Offices, including but not limited to:
* Air conditioning, general contractor, electrical, painting, and plumbing; however,
any outside storage of materials is prohibited.
(4) Services and Facilities including, but not limited to:
6 ORD NO. 64-04
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. 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,
financing e.g. banks and similar institutions including drive-through facilities,
laundromats limited to self-service facilities, pet grooming, restaurants including
drive-in and drive-through, 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).
. Abused spouse residence with forty (40) or fewer residents, galleries, broadcast
studios, butcher shops, cocktail lounges, exercise facilities e.g. gyms and clubs,
indoor shooting ranges, museums, libraries, newsstands, commercial or public
parking lots and parking garages, theaters excluding drive-ins.
(5) Dwelling units in the same structure as commercial uses provided that: commercial
uses must be provided on the ground floor; commercial uses on the ground floor must occupy no
less than 25% of the total structure excluding square footage devoted to vehicular uses; residential
uses and non-residential uses are physically separated and have separate accessways; and the
residential density does not exceed 12 units per acre.
(6) Astrologists, clairvoyants, fortune tellers, palmists, phrenologists, psychic readers,
spiritualists, numerologists and mental healers, subject to the locational restrictions of Section
4.4.9 (H)t5}Q).
(7) Group Home, Type 1, pursuant to restrictions set forth in Section 4.3.3(1).
(C) Accessory Uses and Structures Permitted: The following uses are allowed when a part
of, or accessory to, the principal use:
(1) Parking lots;
(2) Refuse and service areas;
(3) Provision of services and repair of items incidental to the principal use;
(4) Storage of inventory either within the same structure as where the sale of goods occurs
or in a separate structure on the same parcel provided that such storage facilities are not shared or
leased independent of the primary commercial use of the site;
(5) Single family detached dwellings for residence by business owners, proprietors, or
employees.
7 ORD NO. 64-04
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(D) Conditional Uses and Stmctures Allowed: The following are allowed as conditional
uses within the GC District, except as modified in the West Atlafttie ¡".cveaue Overhty Di3trict by
Seetiofl. 1A.9(C)(1) aad the North Federal Highway Overlay District by Section 4.4.9(G)~ro.
(1) Residential Licensed Service Providers, subject to restrictions set forth in Section
4.3.3(D).
(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) Wash establishments or facilities for vehicles.
(4) Child Care and Adult Day Care.
(5) Clubs and Lodges; social, fraternal, and recreational.
(6) Drive-in Theaters.
CI) Flea Markets, bazaars, merchandise marts, and similar retail uses.
(8) Funeral Homes.
(9) Gasoline Stations or the dispensing of gasoline direcdy into vehicles.
(10) Hotels and Motels.
(11) Free-standing multiple-family housing subject to the requirements of the RM District
except for setback and height requirements which shall be pursuant to this Section.
(12) Recreational establishments such as bowling alleys, gymnasiums, health spas, miniature
golf courses, skating rinks.
(13) Sales and service of All Terrain Vehicles and personal watercraft (waverunners, jet
skis), with no outside display, outside storage or outside service.
(14) Vehicle care limited to the changing of oil and filters, and lubrication with no
mechanical work or outside storage of vehicles except as a part of a gasoline station.
(15) Veterinary Clinics.
(16) Group Home, Type 2 and Community Residential Homes, pursuant to restrictions set
forth in Section 4.3.3(1).
8 ORD NO. 64-04
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(E) Review and Approval Process:
(1) In established structures, uses shall be allowed therein upon application to, and
approval by, the Chief Building Official for a certificate of occupancy.
(2) For any new development, plan approval must be granted by the Site Plan Review and
Appearance Board pursuant to Sections 2.4. 5 (F), (G), and (I).
(3) Conditional uses must be approved pursuant to the provisions of Section 2.4.5(E).
(4) ÞJl applie:atiofts Wf E:oftml.ercial 01' maltiple fAmily re:Mdeft~l devdopmE:ftt, includiftg
3igtis, witftin the 'X' C3t Þ..th8.tie }.. VeftNe OVC1'IIt)" DiStflE:t will BC fON.·ardcd to thc W C3t }..thfttie:
Retkvelopmeftt Coø:litiOft (Wi"..RC) Aftd the COtftffitlflÌty Redevelopmeflt }..geftcy fOf eofnftlCftt.
(F) Development Standards: The development standards set forth in Section 4.3.4 shall
apply except as modified below:
(1) If there is no vehicular access available to the rear of any structure, a side setback of
ten feet (10') shall be provided. For a side interior lot, a ten foot (to') setback is required only on one
(1) side.
(2) West ¿"Æøøtie ¿"...vefttle ~rløy DiBtftet Devdepæeftt Staftdards: The follow.ng
developmc8.t 3taftdJU'th apply t-o aH pfopert:Ï.e3 z08.E:d CE:aentl Cofnftle~l (CC) withift thc We3t
}..thfttie }..veftNe CÀCMJ Distftet a3 ddÌfled in Seetioa 4.5.6(B). This 3tlB arca, known as thc 'X~st
I Þ..dafttit: Ncighborhood (W.AN) provitic3 £Of devdopme8.t that i3 eofl:3i3teat ~.¡.tft the adopted We3t
J..dafttie: }.·.·eftuc Rcdevelopmeftt Plaa and the Dowfttowft Dehay Bcach. Ma3tcr Plaft. Thc cmph.aM3
i3 08. thc preservtttion Mid eftMfteemea.t of exi3tHlg a.eigftborhood3, while promotHlg a pede3tmft
fl'Ïeftdly eommercial lifea aloag ~\thfttit: ¡\vefttlC that eoa.œia3 a m.fx of re3idcatial, eofnftlereial aftd
ci71e fuftetiOft3. BtlsÏflesses that Me ðnented towMd servÏflg the loeal neigftborftooà, as opposed to a
regioaal Mea, a:re efteotlf'aged. f.H pa1'eeh witftifl the Bouadal'Ïe3 of the WAN a:re 3ftOWfl ia Figuf'e
4.4.9 1.
(This space intentionallY left blank)
9 ORD NO. 64-04
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WEST ATLANTIC NEIGHBORHOOD
GC (GENERAL COMMERCIAL) ZONED AREA
VICirA;. {l,A<¡{ ~-- <,r:.T£J.I --
Figure 1.1.9 1 West }...dltftûe Neighhelheed
10 ORD NO. 64-04
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(a) Height: Plttcch that h-a-.'c frontagc aloag Allilattc }1vCntle, NW 5t1> A,'cnuc, Of SW 5tft
}1-.'cnuc 3ha11 havc a frOftt 3etbaek of fiye feet (5') from the ultim.ate right of way line.
The front sctback Ittea 3hall be pa";.-ed Viifth pa-.:-er bloek3 to match the cJå3tffi.g
sidcwalk3 within the Allilntte Avcauc right of way.
(i) Overall Height of Dutk1tag3 3haR DC a mÌ:f.I:Ï:fflum of twCftty five fcet (25')
ftfld a mMåmum. of furty eight fect (48') Ïfl height. Exceptions to thc height
ltmitatiOft3 3haH comply with Section 4.3. 40)(3) and (4).
(if) Areade Height 3haR be a miftimum ten fect (10'), mea3t1fed from áaishcd
Itteadt: &or to titmhed Ittcade ccilÏflg.
(Hi) FloOf Height 3hall be a minimum of tea fect (10') for grotiftd &01'3 aad a
minimum of ninc feet (9') for all other £lOOfS. .:\.ll heights shaH be mca8t1fed
from áni3hed floor to fini3fted eeiling. j\.uxiliary and Sel"l,feC room3, such a3,
glttagc3, re3à'00ffi3, closets, laundry rooms, œC33Ïflg rooms, 3torage
rooms, mechaait:al, electrical, aftd plumbffig equipment room3 are eJfcmpted
from the £lOOf height regelatton3.
. HEIGHT
REGU IONS
DON
APPLY TO
AUXILIARY
AND SERVICE
RDOMS
2¡i
.~
9 FT. MIN
10FT
MIN
# .
'" 1
Figure 1.1.9 2 Bøildiø.g Height RefluireæeBts
(b) The mffiimum opea spaee reqtåfem.eat i3 ten perccat (10%) of the site area. ~\H
laftd3eape fcquÏ::rements for parking lot3 aftd btlffering of residential propertic3,
pt1f3tlaftt to Section 4.6. 4 aftd 4.6.16, 3ftaR apply.
11 ORD NO. 64-04
-
--- - ~~--~----------~
(e) Buildiag F1'Øftta~ aDd. FroM Sethaeks:
(i) The buildffig flOatage for aft intœorlot is tftC portioa of tftC lot abutting tfte
prima-ry 3tfeet mÏftus tftC requifed 3ide 3etßaek3.
(ii) The buildiftg flofttage for tftC pfimary strect 3ide of a eomerlot i3 tfte portioft
of tfte lot abtlttmg the primary 3treet m1na3 tftC requifed 3idc 3etßaek3.
(Hi) The buildffig froatage fof thc 3eeoad~ 3treet side of a t:Olftef lot is tftC
portioa of thc lot abtlttÏftg tftC 3CeOftMry sà'eet mÌftu3 tftC requifed Hoat ftfld
reM 3ctbaek3.
- .
-
.
.
..
Figure 1.1.9 J BuiIt:Iiøg FreøtBge
(io) Buildffig HOfttage is cxpre33ed Ìfi perecahtge3 aad may nry from £loOf to
~
(v) Froat 3etßaek3 3haR be takeft from tftC property lffi.e, Of if a dedieatioa i3
reqt1ired, from tfte resultffig plOperty HnC aftef dedication.
(vi) Bt:1:ildifig froatage aad setbaek-s fOf properties froating Oft ..^..daatic }..veauc
shaR eompI)' with Table 1.1. 9 1.
(vii) The float setback Mea for buildffigs fronting Oft J~dftntie ..^.. veaue shaR be
pa-.-cd ",-itft paving matcMh to mateh the Cxi3tmg 3idewa1k3 witflifl the
..^~tbiatic ..:\nfttle right of way.
(.-iii) For eolfter lot-s wftft ~\dMitie ..^..,-.-cfttle side 3treet froatftge, tftC first 3ixty feet
(60') of thc buildffig, takea from the ..^~dMitie .i\veßue property line, or if a
12 ORD NO. 64-04
~
----
tieœeatl6ft ~ reqtåfeti, &effi the resul.tiftg preperty line afte:f àeœeati6a, 31udl
eomply with T abk 1.1. 9 1.
f , B1:tÍ:làiftg Íft6atage aa6 3etbaeks f61lu6peftÍes Íft6atittg 6ft 3tKets 6tfter tftaa
]:X
~\tlafttit: A vt:ftl:1e sM:R e6ffiply with T a-bk 1. 4. 9 2.
!
. ".·,1i!~~j~~~""&W,rI~~'<~:· ;·!k'~i~\Vi"'tA.~~~?!4~'i:.
RelUlway . .;'.; '~p~~{I1RP)(4)(ltf!J' ,", : . . "j~~~{I)~~~~:~>~r
~~'-l~~.~~ Setb. . ..8.~,~.h " ·~:se..e:IJ".
-'-.~-"'- ~".' :..::.;-¥ff~'" i:f~~~$"~ .,
" -~ -f,-'_ -- "<,,' :~'('" \ - - .. - - ~
70%/90% Q! 7Q(V~/9Q% ¥-ffiift.f
West f~tløøtie FÍfltMieà graèe Wmø
~\YeBøe ~ RemlØfttftg leftgth ~ RemftÌtHftg lettgth 17' Ift!fil
~
SQ% ffiU ~ SQ~/~ max ~
37' te 48' Rem8Ìftiftg lœgth ~ R-emaining length 29!-mitt
(This space intentionallY left blank)
13 ORD NO. 64-04
--- -- - -- ---~~
~~ ~ ,;:,~ . ..'_c..,-_;-... -- _ _-
R~"'.ye ..~.' Buil.l.~g Hetpt(feet) '~'"
70%/90% ¥ffiiftf
FIt1t3hed ~ade ta 25' ~
Rt:fftMtHftg leagth 17' 1'Dtft/
~
Other Right a£ 59~<' fÐtH[ H!-mift
ways 25' ta 37' Rematniftg leagth ~
59% 1ft6 ~
37' ta 18' RetnttÎfHftg ~ ~
70%/99% ¥ffiiftf
Fini:med gHtk ta 25' W!mæt
NW aBd SW &'" R-efftaintftg le~ 17'm!n/
.t..veøues ~
70% 1ft6 H!ftHft
25' to 37' Refftaintftg l~ ~
50% 1ft6 ~
37' te 18' R-elft~ leøØ 4t!-mtft
Nates te Tahles ....9 1 _II 4.4.9 2:
(1) Lets a£ reeard with a "..,dth less thM fiK, feet (SO') shall Be eœmpted f!olft the BaØ~ ft6Mege
re~fftefits I'tavided a ftHftifftttfft w.«e (5) ta IftIœmWft tefi feat (1 0') s~tBse~ Be I'tav!ded. f~r the
I'aftÏ.afi af the bttilètftg fralft tim:med grade te ~efi~ fi'lie feet (25') 1ft height Itßd a ffiiDttftWR
sevefiteeø. feet (17') setB_ek 1S I'r6'..tded _Ba.e _ h~t af~eftry five feet (25').
(2) The _I'I'lteaBle de.elat'lfteftt regel_HaftS far IltElldes. 1.relldes shall hltYe 11 fIHflimttJft width af ~elÆ
feet (12'), indtiM. e 6f ealttmns at pØllSters öf' ta 11 lftæåœttJft W'idth of twe feet (2').
(3) Bttilètftg frafititge reqærelfteftts fet I'srlang gilrages IftIlJ be tftereased te 11 fftufmæft af 100% .fer all
Oa6rs by the Site Plftft Re'"J'i:ew ftftd '\'I'pellrltfit:e Basrd ar the IltstanE PreseruHafi Baltfti MtB eet te
eafftI'ltllftee with ðeeHafi U.18(B)(11)(Ji)1), Pllrløøg Csritges. .
(1) The Bei:låtng setBllek far I'arttafts af I'sflaøg gsrsges sBave t'Weø.~ fi. e feet (25') IftIlJ Be WIti~~d BJ
the Site PIM ReJie... Itßd AI'I'esrllftee Ballrd ar the Histene Preservsti:eR Baltfti sttB eet te eelBfllisnee
with Seet:l6R U.18(B)(11)(n)1), Psflaøg Cuitges, IlfI:d 11 minimum w.«e (5) ta lftufmttJft refi faat (10')
setbllek fer the I'erttefi 6f the ButltIffig £relft finished gnde ta t'Weø.~ fi.e feet (25') in height.
(5) Far sires"..,th 1Htiltif'le btttldtng3, the butldffig lfiHBeælltely IlBtitHftg the relldiTO~(~ shall eelftt'1J With
the butldiftg frefttitge Md setBseks Îft TIlÐle 1.1.9 11lf1:d 1.1.9 2. .
(6) Butldiftg fleers shall Be setBs£k tft Îftereffteftts ef ~ehe feet (12') te ereste s -.erttesl steI'I'ed Bsek
sI't'eltt'llftee.
(7) Bældiftg Itßd site desigB shall ineelf'e1'llte Crime Pre.eftt:!._ Throegh EW;1f6ßfftefitsl DeM~
(CP1'EDj stMdltfti3 te the ~et1test exteRt I'asMble.
14 ORD NO. 64-04
.
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Figoure 4.4.9 1 BuildiBg FreBtages and Set-haeks fer West .A...tlsBtie .·...veBue
15 ORD NO. 64-04
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Figure 4.4.9 S Builèiøg FreBtages øø.d Sethaeks fer NW /SW S· ¿~~veBues
16 ORD NO. 64-04
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FigøK 4.4.9 (; Bøildiftg FraB.ages aBd Sethaeks fer Other Raadwsys
17 ORD NO. 64-04
(d) Side Stf£et BB:i.Jdiflg F1'6fttage aad SetbaelfS
(i) Sidc 3à'eet 3etbaek3 shaY. bc ts:ltca frofti the pfOperty Me, or if a deæeatioa is
requffi:d, frofti the re:mltffig property line after deæeation.
(ii) Side 3à'cet bttildffig froatage aad setback3 3haY. eomply with thc
applieable roadway reqUÏfeftieat3 ifi T able3 4. 4. 9 1 and 4. 4. 9 2.
(Hi) FOf comer IOt3 froatÏftg on l..thntÏc 1..:"veftue, NW Sø. Aveauc, Of 8W SØt
l..V'enuc, the 3ftffie developfticat 3HlftdM'ds that apply on }..tlaatic A..... eftUe,
NW StJ.> l..-.-catle, Of SW StJ.> .¡\veftUe shaH apply to thc ttr3t 3ixty feet (60'),
takea from the Atlaatie l..vcauc, ~, StJ.> l..-.-eftUc, or SW StJ.> Aveft1:1e propcrty
lin.e, Of if a dedieatioa i3 required, from the fe3u1tffig property Me after
dedieation.
SAME DEVELOPMENT /
STANDARDS SHALL APPLY
TO THE FIRST 60 FT
/
s: ~.
0
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w
en
.
PRIMARY R.OW.
Figøre U.9 7 GerBer lats 'W'ith. AtllUltie .4.veBue ar NW,'SW S· AveBue FI8Btage
(c) Reaf Setbaeks f-of aY. betidffig floors shaY. be a ft1Ít1:imtim. of tea fect (10') ffom the
pfOperty line.
(t) SkReæres ..\Jlcw¡ed Witltiø SetÐael(
(i) Baleaæes may eneroaeh a maXÍtm1m of four feet (4') into the 3etbacks.
18 ORD NO. 64-04
(if) Løggia3 aøEt Trellise3 wove thc gt'6t1fld floor ft'Mt) eacroacft iato thc
3ctÐad[3 prrnridcd they do aot exceed the requifcd 3ctbaek of the portioa of
thc flom dtreedy below it.
(Hi) RøofEaves may eaeroaeft iato the 3ethael[ a maXÌfftttm of four feet (4').
ROOF EAVES MAX 4 FT
BALCONIES 4 FT. MAX.
.I'
1- PROPERTY UNE
i
Figure 1.1.9 8 BBereaehmeBts
(~2) North Federal Highway Area: The following development standard shall apply to
parcels which have frontage on North Federal Hlghway or the North Federal Highway
one-way pairs (N.E. 5th Avenue and N.E. 6th Avenue) between N.E. 4th Street and the
north City limits.
(a) Parcels shall have a minimum front building setback of five feet (5') measured
from the ultimate right-of-way line. The maximum setback shall be fifteen feet
(15'), unless it can be demonstrated to the Slte Plan Review and Appearance Board
that it is not feasible to comply with this standard.
(G) Supplemental District Regulations: In addition to the supplemental district regulations
set forth in Article 4.6, the following supplemental district regulations shall apply in the GC District.
(1) West ~A..:tlaßtie ~A&~;eø1:le Overlay District 8uppkmeßtal District Regulatioas: The
foRo willg 3epplemeatM distfÏet regulatioas apply ia the 'X' cst }..claflåe .,A..-;Cflue 0 v erlay Di3tfÏet as
ddiaed ia Sccåoa 4.5.6(B):
19 ORD NO. 64-04
(a) Tfte f611ðW!ftg prffieipal aad eoftàittoaal tl3eS are prohibited Íft the O'Verlay ài3trict:
(i) Retail or ~'hole3ak Firearm Of ..^anffttlnitioa Sale3;
(it) Retail 8r Wholesak }>:tltomotive Parts Sak3;
(iii) LaWft Care Eqttipmt:øt Sak3;
(iv) Coatftetof's Offiees;
(v) .L\hused Sp0t13e Resideøees;
(vi) Shooting Ranges;
(vii) Adttlt EfueftitÏt1meat Estftè1i3hmeats;
(viti.) Serviee Stattoa3.
(8) .LA~y' permitted tlses with drive through faetiities shaR re~e eoaàitioøal t13e
appreval.
(c) A II ètØldit fr· W A tift . A þp~T §tio A £~, §tIt
.L ~ øgs 8attftg 8a e3t.L ~ øtit:.L <cveø1:1e, .. .L <cvefttie, or . .
I }~ veaue ffit1st eoattin ftome3ideatiti tlSe3 oa die grot1:ftd floor facing die 3à'eet.
I DwcHing 1:1fttts are pcffflitted withffi the same 3tft1etuft: a3 commcKial U3es W'Ì.di ao
K3trietioa oa the perccatage of eaeh tl3e aRowed. Ia the eveat that rC3icleatifll ftftd
I aoa Ksideatial 1:13e3 are loeated in the 3ftffiC stftleture, Ksideatiti uses aad aoa
I
I re3ideatial U3C3 æt13t he physieally 3eparated aad hltVe separate aeec38W&y3.
I ('<1) Coæmerciti stftletu:rt:s are limited to a æaximum depth of 150 feet &8m the
I tlltimate right of way of ¡\~dantie ¡\~veaue, tmle3s the pareel ha3 fr8fttage oa N.W.
5di }<cvefttie Of S.~T. 5th }H~aue. 1~eec3sory U3e3 3uch a3 pa:rlåflg area3,
laad3capÍftg, aad dntiftagt: reteatioa area3 may extead beroad dic 150 foot limit. I
Esta.fi1tshmeftt 8r expansiÐß of 3tft1efiH:es beYOfld the 150 foot limit may be I
aRO'Wcd a3 a eoftàitioaal tlse, 300jeet to the K~ed finàfftg3 ofSeetiofl 2.4.5(E)(~).
(e) Six (&) paflån.g 3paees per 1,000 3qt1Me feet 8f gr033 floor a-rea arc re~ed fOf
resta1:1ftftts aad OftC (1) parking 3paee pef 300 3qWlK feet of gross floor aKa ~
reqtt:irt:d feu aR othef aoa re3ideatial U3es, exeept hoteh aftd moteh. Pa-rking
3pace3 for K3ideatiti t13e3 are re~ed at the rates e3tab1i3hed in Seettoa
4.6.9(C)(2).
(t) Tfte parlftng reqtt:irt:meat faf hooch aBd ffi6tels i3 e3tah1ished at O. 7 of a spaee fOf
eadi gue3t room pltls oat: (1) 3paee pef 300 3q. ft. of floor arca de-..-oted to
haHroom3, meetiÐg rooms, aad SftOp3 aad six (&) 3paee3 per 1,000 3q. it. of floor
area devoted to re3ta1:1ftaffi aftd 10t1t1ge3 withffi die hotel 8f motel.
20 ORD NO. 64-04
~
~ If it i3 impossible or Ïftappropriate to p~-ide reqtMed pttrking Oft 3ite ~ off site,
the in lietI fee optiOft pr<YlÍded Ïft Seettoft 1.6.9(E)(3) may be applied.
(h) There Í3 ftO restrtetioft Oft repair aød/ or reWft3tmetfoft of ftOft eoftform:Ïftg 3.
family re3Ï<leftee3loeated a mffitmttœ. of 150 feet from }~dafttte }~-;cffi:1e.
(i) Pa-rking M'eas Mid aeeess wllJs to pttrking lots mt1st be Ioeated to the reM af
commerciti stmeáHes that ha-;e frofttage Oft ~\ÙMl.tie }~vœt1e. ~ere loea~g
parlång to the rear of the 3tft1etl:1fe i3 Ï:mp033ibk or Ïftappropmte, thc Site Ptift
Review aftd }~ppcftftftec BOMd may approve ftfl altemate loeatioft.
6) Free sœftEftftg M mixed U3e resÏ<lœtiti d~elopmeftt tip to twelve (12) ~ per
aere ~ a pennitted tIse. Dœsity may exceed twelvc (12) units pef aere, tIp to a
maximum of thirty (30) unit3 per aere, as a eoftàttioftal usc. Dea3ity ms:y exeeed 12
tIn1t3 per aefe oftlJ aftef the appfo .~.ng body ffi:ftkt:3 a fffiàiftg that the projeet ha3
300stafttially complied with thc pcrfofftlaftce 3tandftft13 li3ted below, the We3t I
}~dafttie }..:veffi:le Redevdopmcftt Plaft, requifed fffidffigs of Seettoft 2.1.5(E), aad
applicable 3taftdMds of the Comprehcftsi7e Plaa !tftd Laftd Developmeftt
Regelatfoft3. NO~-ith3fit8àiftg the3e pfovi3ioft3, the appr~.ng body ms:y deay aft !
i
applicattoft fOf Îficrea3cd den3Ïty where it i3 determ:Ïfted that the pfOposed pfojeet I
I
i3 ftot wmpatible in tefftls of buildiftg ma33 aad iateftsity of tI3e with 31:1ftOUftdiftg I
developmeat. It is aeknowledged that it ma")' ftot BC p033ible fOf pro;eet3 which
invor;e thc moàifieatioft of Cxi3tføg stf'uemres to comply ",-ith maay of the
3taftdMd3. For tho3e types of pfOjeets, the alt:imate dt:ft3ity 3hould be based tlpOft
wmpliaftee ",-ith those staadMd3 '" hit:h eaft be reasoftabl)r attaiaed, as wcH as the
pfo;eet'3 ability to fur..her the goal of revittitzing the Rcdevdopmeftt }~rea.
The foIIowtftg perfofftlM1ee 3taadMds 3haD. apply to aD. applieatiOft3 fM ftew'
developmeftt aftd moàiiieatioft of eJåsting de-.-dopmeftts vt meh woal6 re3uH: ia a
deftsity greatef thafl twelve (12) dwellffig t1ftÌt3 per aere:
(1) The devdopmeat offef3 nriatfofl in desigB. to adti Íftterest to the elevatfofts
aad relief from the btHldiftg ma3S. Btáldiftg dWatfoft3 ineorpolftte 3everal of
the foDowffig elemeftt3: àive13ity Ïft W..flðOW aftd dOOf 3hape3 aftd loeatfons;
f.eatl:1fe3 3ueh a3 baleoaies, arehe3, porehe3; aftd desigft demeftts sueh as
shutters, wffidow mtHliOftS, qt1om3, dt:eorati-Je tiles, Of 3imf1a.f distingei3h:iftg
f.eatl:1fes.
(2) If the btHIdiftg iftdt1de3 a parlåftg gar~ as aft associated 3ftt1eáHe or withiB
the principal builtliftg, the gar~ devattoft provide3 t1ftÌiied desigB elemœt3
with thc main builtliftg through thc tIse of simi:J.af buildiftg materials aftd
eolof, vcrtieal aad homofttal demeftt3, aftd arehfteetural style. Developmeat
21 ORD NO. 64-04
of a pO:rtiOft of the ground floOf peftmdU aàjaeeftt to stf'ed rigftt3 of wtty ~
dC'.. oted to w..ndo w c:li-3pla) 3 Of floor area for aetive tl3e3 3t1eR a3 rettil. stort:s,
personal Mid bU3Ïfte3s 3efViee estftbli3hmeftt3, cfttertJtÌr.meat, offiee3, cte., i3
efteomaged.
(3) j\, fttltftber of àiffert:ftt l:lfltt type3, 3æes aad floOf plaftS Me r.-ailftble wtthffi
the de'".-elopmeat. Two and thrt:e bedroom t1ftits Me cfteOtJ:1'aged, as Me a
eombinatioft of ffitIlti level 1:H1its aftd flst3. la pfojed~ eoft3i3tffig of more
thaft twdve (12) dwelliag \:1ftits, the proportioft of efficieacy Of 3t1:ldio type
units may ftot exeeed 25% of the total 1:1flits. TIu:rt: is ftO maXÍ:ffiuœ
pereefttage cstablished for projeet3 Ravæg t\vdvc (12) or ft: w ef \:1ftit3,
ftowC'ver, a mix of l:lfltt type3 Mid 3ize3 is efteotJ:1'aged.
(4) Thc projeet de3iga 3ftaR aeate Mi O'VeraH 1:1flified arehitee:mral œaraetu aad
imAge by the tl3e of WftlftlOft elemeftts betweeft the b1:1:Ì:làtag(3}, p~ lot,
aftd laaà3eaping. Examples of 30me features that wttld be Ïfteorporated to
meet this sœnMrd Me: &ee3tafttting Hght poles aad exterior light fixtures that
I are deeofative aftd eOft3~teftt with the afemæetural tf'catmeftt of the
b1:1:Ì:ldffig(s); peðe3tflaft fI:ftlt:ftitie3 sueR as beaefte3, 3ftaðed walltways, aftd
I deeOfative pr;emeftt à'eatm.eftt, that are 3imilar in forms, eolof3, materiti3, Of
dettil.s a3 the ard1:itee1:tJ:1'e of the b~(3); foeal POint3 3öeR a3 poolie: art,
watu feature! fotlftta:Ïft, eomtya-rd or poolic plAzas àt:3igacd to eoftfteet
àiffucftt U3e3 wag a eofttÍfl.\':IOt1s pede3tfÏaft Walkwft)T; Of a eombÏftatioft of
3imi1M' fca1:tJ:1'cs that meet the Ïftteftt of this staftdft1'd.
(5) The developmeat provitle3 eommoft area3 aftd/ Of ltftienitit:3 £Of reMtleftts
3t1Cft as 8"A":~ pooh, cxercise room3, 3torage rooms Of loekers, eO'Vert:d
pa:rk:ing, ga:rtleft3, eottrtyaNb, or 3imi1M' area3 aad/ Of Mftenitie3.
(6) Thc dC'velopmeftt pfomote3 pede3trisft m~-emeftt3 by proviàtag e:OM eftieat
aeee33 from thc residcfttW. unit~ to thc publie: sidewalk system. PedcstMa
art:as adjaeeftt to the b1:1:Ì:làtag Me eRhaftced by pror.;iding aààitioftal sièewalk
Mea at thc 3ame level a3 the abuttffig publit: 3idC'~TaIk. }...eeesswa, 3 to parking
Mea3 Me de3igøed Ìft a Iftflftfter that minimti:es eOftfliet3 befweeft -.-ehieles aftd
pede3t!Ís:fts. The ptl6lie sà'eet Of 3tft:Cts immeàifttd, adjaecftt to the
ðC'yclopmcftt art: eftRMieed Ïfi a manfter that ~ eOftSi3teftt with the 3tft:etseapc
Oft We3t ..A...ttitfttie faefttle.
(7) The developmeftt prorndes opportt1fttties to SRMe pariåttg, aeeessways,
driyC'waY3, ete., with aàjoÏfi:iftg properties, or prð'VÌde3 aààitioati pMlMg
spaees that may be used by the publie.
22 ORD NO. 64-04
/ - ---
------ ----
(8) FOf bWlèiftg3 &OfttÏftg Oft West AÙti\tic }1VCftt1C, N~T Sa. Aveftuc, 6f 8W 5th
}<:veftue, at least iif~ pereeftt (SO%.} of the sttffaee Il::lU of the froftt street
wa:D(3) at the ~d HOOf of eaeb 3t1t:h building is dC'"mted to ài3play
wiftdow3 aftd to eftà'ftflee3 to eommercia:l uscs from. otlt3ide thc buildffig.
(9) The laadscape plftft fOf the de-velopmeftt preSel'\"'e3 and incorporates eJå3tÏftg
aative vegdstiOft (where ftVaHftbk), pfM-ide3 ftCW lftaðscaping that is Ìß
exee33 of minimum 3taftdaràs 1ft height aad qtHtfttity) , demoftstf'ates
Ìßftovattvc use of plaftt m.aterial, Îffipfo'n3 3itt: àcsigtt, pr<ynàe3 u3eabk opæ
3paec Of publie plaza3, aftd ffiaximizcs In ltÌlabk lI::leas for pede3triaa
Ìßtcraettoft. If ftecessary to aebie-ve this 3taadard, the projeet ffiltJ" exeeed the
~ 3etbaek arell Oft the grouad £loOf.
(~1) North Federal Highway Overlay District: The following supplemental district
regulations apply to the North Federal Highway Overlay District, as defined in Section
4.5.7.
(a) In addition to the uses listed in 4.4.9(D), the following light industrial uses are
allowed as conditional uses:
(1) Fabrication and/ or assembly of manufactured materials or parts for
distribution or sale, such as sheet metal, sign shops, glass shops, electronics,
cabinet and furniture making.
(2) The wholesaling, storage and distribution of products and materials;
(3) Self service storage facilities that comply with subsection (c) below.
(b) All uses listed under subsectiorJ (a) above must:
(1) Operate in conjunction w th a permitted service or retail use that is located
on the premises;
(2) Maintain a commercial fa ade along North Federal Highway, with the light
industrial aspect of the bu iness oriented toward Dixie Highway;
(3) Operate within an enclose ~ building, with no outside storage;
(4) Orient overhead doors ~ way from adjacent rights-of-way, except where
existing, or where the ap ~roving body detennines that it is not feasible to
comply; and,
23 ORD NO. 64-04
/ - -
(5) Along the property line adjacent to Dixie Highway, provide a landscape
buffer consisting of a 4' high hedge, and trees planted 25 feet on center to
form a solid tree line.
(c) In addition to subsection (b) above, any self service storage facility shall comply
with the following. The following regulations supersede Section 4.3.3(A).
(1) Lot Area: The minimum lot area is 1.5 acres and the maximum lot area is 3
acres.
(2) Facilities and Requirements:
(a) Outdoor bay type access to individual self-storage units that face a street
is prohibited. The exterior loading access points shall be designed in
such a way to minimize sight lines from adjacent roads.
(b) No building shall exceed forty-eight feet (48') in height.
(c) Parking shall be provided at the rates set forth in Section 4.6.9 for the
permitted service, office and retail uses and for self-storage uses, parking
shall be at a rate of one (1) parking space per 100 storage units or
portion thereof, including: (a) a minimum of three (3) loading spaces for
the self-service storage facility that must be striped and signed to limit
the time for loading and unloading to one (1) hour; and in addition (b)
three and one-half (3.5) spaces for each 1,000 square feet of accessory
office use associated with the self-storage use. Notwithstanding the
above, a minimum of five (5) parking spaces other than loading spaces
shall be provided in connection with the self-storage use.
(d) At least 2,500 square feet of ground floor area shall be devoted to at
least one additional principal retail or service use without limiting the
foregoing. The additional principal uses may be eating and drinking
establishments, retail or personal service.
(3) Limitation of Uses:
(a) Activities not related to the rental or lease of self-storage units shall not
be conducted within the self service storage facility area, unless
specifically permitted through the conditional use process.
(b) Except as otherwise provided in subsection (c), no business or activity
other than self storage shall be conducted from any self-storage unit in
24 ORD NO. 64-04
/"
the facility. Examples of prohibited uses include, but are not limited to
the following: the servicing, repair and/or restoration of automobiles,
boats, recreational vehicles, lawnmowers and the like; moving and self-
storage comparues; cabinet making and wood working (whether
personal or professional); personal hobbies and arts and crafts; and any
other activity unless specifically permitted through the conditional use
process.
(c) Except as otherwise provided in this subsection (c), there shall be no
electrical power provided to, or accessible from any individual self-
storage units. This includes the provision of lighting fixtures to the
interior of a self-storage unit, unless specifically addressed in the
conditional use approval. The use of portable generators is also
prohibited.
(d) The use or storage of any hazardous materials is prohibited.
(e) the terms and conditions of this section shall be clearly expressed in all
self-storage rental or leasing contracts, as well as conspicuously displayed
in plain view on a sign no smaller than one foot (1') by two feet (2') in
the leasing office at the facility.
(4) On-Site Manager: An on-site manager shall be employed at the facility
during all hours of operation.
(5) Hours of Operation: Customers of the self service storage facility may not
access individual self-storage units before 5:00 a.m. or any later than 9:00
p.m. Hours of operation may be further restricted when it is deemed that
morning and evening traffic into and out of the facility may negatively impact
the character of an adjacent residential area. In no circumstance shall
customers of any self service storage facility have 24 hour access to their self-
storage unites).
(6) Landscape Requirements: In addition to all applicable landscape
requirements and other special provisions pursuant to the individual zone
district, a minimum ten foot (10') landscape buffer shall be required adjacent
to Federal Highway and Dixie Highway and a minimum five foot (5')
landscape buffer shall be required along all property lines that do not abut a
roadway.
(J) Outdoor Storage of vehicles, Boats & Tmck Rental: Outdoor storage of
boats and vehicles and truck rental is prohibited.
25 ORD NO. 64-04
/' .....
(8) Architecture: All self service storage facility buildings must comply with the
following architectural standards.
(a) Building facades visible from the public right-of-way shall have the
appearance of a service and/or retail building through the use of doors,
windows, awnings, and other appropriate building elements.
(b) Exterior building material shall be stucco or a similar material.
(c) Buildings that can accommodate two or more stories shall be designed
where facing a street to have the appearance of a multi-story building
through the use of windows, doors, awnings, canopies or other
appropriate building elements.
(d) Building facades facing a public right-of-way must have a 15% minimum
transparency consisting of windows that provide visibility from the
public right-of-way from the interior.
(e) Detailed building elevations shall be submitted prior to the Conditional
Use public hearing.
(9) Location: A self service storage facility shall not be located within a radius
of 1,000 feet of another existing self service storage facility.
H) Special Regulations:
(1) The first ten feet of the front yard setback which is adjacent to a right-of-way shall be
a landscaped area, except within thc WC3t Adaatie Avcfttlc Ovcrkty District as ddiaed Ïfi Sce:tioß
4.5.6(B) s:nd within the North Federal Highway Area as defined 111 4.4.9(F)~.(2l, which is subject to
the special landscape setbacks of Section 4.3.4(H)(b). Within the required front landscape area, no
paving shall be allowed except for driveways and walkways which shall be generally perpendicular to
the property line. [173.474(E)].
(2) 1ft stftlemres loeated Ïfi thc West Attilfttie: }~veftt1c Ovcrhty Distftet a3 dcfincd iø
Seetioa 4.5.6(B) that h,", c ftß eatf'afte:c from ftßd/ or w..ndO'W3 facing }~dafttie l~-. efttle, thc 3Me of
seeoad haad material, except vcrifiable aatiqtlC3 aftd/ Of eoHectiblc3 (eoin3, 3tampS, 3port3
memorabi:l:iil, etc.) i3l'lohibited.
(3) Ia 3tftlemres loe:ated ifl. the: 'X' cst AdaatÏt: }.ve:tmc Overiay Distftet a3 defined in
Seetioft 4.5.6(B) that hltVe aft cftà'aftec from aftd/ or wifldow3 faciftg }~dafttie: lh-eaue, thc pieking tip
26 ORD NO. 64-04
/ ....
or MOppiflg off, Of otftcrWf3t: tftft3pOrtiftg of WOr!t-elS, 8:ssigfted through. an emplO)"ftlt:at ~ftt:y
from an a33embly poffit to tile wont 3Îk ~ prohibited.
(42) Any outdoor display of sporting goods and equipment for rent is subject to the
restrictions set forth in Section 4.6.6(C)(3).
(;Jl Astrologists, clairvoyants, fortune tellers, palmists, phrenologists, psychic readers,
spiritualists, numerologists and mental healers are limited to the geographical areas along N .E. and
S.E. 5th and 6th Avenues (Federal Highway pairs), between S.E. 10th Street and S.E. 3rd Street, and
between N .E. 4th Street and N .E. 7th Street, and shall be limited to no more than one of each
business every three hundred feet (300'), measured in a straight line from lot line to lot line.
(61) 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).
SECTION 5. That Section 4.4.13, "Central Business (CBD) District," of the Land Development
Regulations of the Code of Ordinances of the City of Dekay Beach, Florida, be, and the same is
hereby amended to read as follows:
Section 4.4.13 Central Business (CBD) District:
(A) Purpose and Intent: The Central Business District (CBD) Zone District is established in
order to preserve and protect the cultural and historic aspects of downtown Dekay Beach and
simultaneously provide for the stimulation and enhancement of the vitality and economic growth of
this special area. Establishment of the CBD District is consistent with and implements, in part,
Objective C-4 of the Land Use Element of the Comprehensive Plan. The CBD District is generally
applied to territory depicted in the Commercial Core designation on the Future Land Use Map.
The areas described below and shown in Figures 4.4.13-1~ ftftè 4.4.13-2 and 4.4.13-3 provide for
development that is consistent with the adopted Downtown Dekay Beach Master Plan.
Central Core: The regulations are intended to result in development that preserves the downtown's
historic moderate scale, while promoting a balanced mix of uses that will help the area evolve into a
traditional, self-sufficient downtown. Residential development is permitted at higher densities in
this area than any other part of the city, in order to foster compact, pedestrian oriented growth that
will support downtown businesses.
27 ORD NO. 64-04
I
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- CENTRAL CORE
~ . ~ (, ~í R"''' 'i[.I.-t- CBD (carow. BUSINESS DISTRICT) AND C8o.><C
'~""I.."r '" ~('...t..( r;-....:.;·t,I·,,· (CENTRAl BUSINESS DISTRICT -RAIL CORRIDOR) ZONED DISTRICTS
,-'í',rA.. ""..4.' w -~ ., ~r :[v
Figure 4.4.13-1- Central Core
28 ORD NO. 64-04
I
Beach Area: The goal for this area is to "preserve and enhance the character of these areas, the
public condition of the beach, the vitality of its center, and the natural environment." The Master
Plan calls for redevelopment of existing buildings in a manner that places storefronts close to the
street and parking in the rear. Where existing buildings are separated from the pedestrian ways by
wide landscaped areas, the addition of arcades and new building square footage to bring the
storefronts closer to the street is encouraged.
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::: ~~ -- r'~' R..~ >! " _ CBD (CENTRAl BUSINESS DISTRICT) ZONED DISTRICT
~_",,,,,,..r h ',"", "'- < .....·OJ-"
i.-¡~.'A· a,I,' MoI- '-"'-101
Figure 4.4.13-2 - Beach Area
29 ORD NO. 64-04
West Atlantic Avenue Neighborhood: The goal for this area is to provide for development that is
consistent with the adopted West Atlantic Avenue Redevelopment Plan and the Downtown Dekay I
Beach Master Plan. The emphasis IS on the preservation and enhancement of existing
neighborhoods. while promoting a pedestrian friendly commercial area along Adantic Avenue that
contains a nux of residential. commercial and cIvic functions. Businesses that are oriented toward
serving the local neighborhood. as opposed to a regional area. are encouraged.
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- WEST ATLANTIC NEIGHBORHOOD
" '.' . . CBD (CENTRAL BUSINESS DISTRICT) ZONED DISTRICT
; .."'.. '... '" "" " ~.""..
,- ....., -AY VI' ,"""V
Figure 4.4.13-3 - West Atlantic Neighborhood
30 ORD NO. 64-04
/
(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:
* Antiques, arts and crafts, automotive parts, baked goods, books, carpet and floor
covering, cheeses, beer, wine, liquor, confectioneries, cosmetics, meats, draperies
and slipcovers, medicines and prescriptions, electrical fixtures and supplies,
fabrics, fish, flowers and plants, fruits and vegetables, food, garden supplies, gifts,
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 including, but not limited to:
* Interior decorating, medical and dental clinics, medical and dental laboratories,
photographic studios, printing and publishing, professional offices.
(3) Services and facilities including, but not limited to:
* 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).
* Galleries, broadcast studios, butcher shops, cocktail lounges, exercise facilities e.g.
gyms and clubs, museums, libraries, newsstands, commercial or public parking
lots and parking garages.
(4) Multi-family dwelling units, excluding duplexes, up to a maximum density of thirty
(30) units per acre except for the West Atlantic Neighborhood or Beach District. portiOft of the
CBD loeated e8:3t of tfie Iaà'aeoa3tal Waterway, where the maximum density is twelve (12) dwelling
units per acre.
31 ORD NO. 64-04
~
(5) Hotels, motels, bed and breakfast inns, and residential-type inns except in the West
Atlantic Neighborhood.
(C) Accessory Uses and Structures Permitted: The following uses are allowed when a part of,
or accessory to, the principal use:
(1) Parking lots.
(2) Refuse and service areas.
(3) Provision of services and repair of items incidental to the principal use.
(4) Storage of inventory either within the same structure as where the sale of goods occurs
or in a separate structure on the same parcel provided that such storage facilities are not shared or
leased independent of the primary commercial use of the site.
(5) A single family residence, either separate or within a structure housing a nonresidential
use, provided that the residence is occupied by the owner, proprietor, or employee of a business
enterprise conducted on the property.
(6) Recreational facilities attendant to a multi-family residential development, such as
tennis courts, swimming pools, exercise areas, and meeting rooms.
(D) Conditional Uses and Structures Allowed: The following uses are allowed as conditional
uses within the CBD District:
(1) Adult congregate living facilities.
(2) Residential Licensed Service Provider Facilities, subject to restrictions set forth in
Section 4.3.3(D).
(3) 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.
(4) Child care and adult day care.
(5) Clubs and lodges; social, fraternal, and recreational.
(6) Financial institutions, e.g., banks and similar institutions including drive through
facilities.
(J) Funeral homes including accessory uses, such as, a chapel, crematory, and the like.
32 ORD NO. 64-04
- - --
(8) Gasoline stations or the dispensing of gasoline direcrly into vehicles, except that such
use shall not be allowed ca3t of the Ifttftcoa3tal 'Waterway in the West Atlantic Neighborhood. the
Beach District, nor on lots which front along Atlantic Avenue or N.E. 2nd Avenue (a/k/a Pineapple
Grove Way), beginning at a point 105' south ofN.E. 4th Street.
(9) Recreational establishments such as bowling alleys, gymnasiums, health spas, miniature
golf courses, skating rinks.
(10) Veterinary clinics.
(11) Movie theaters, excluding drive-ins.
(12) Playhouses, dinner theaters, and places of assembly for commercial entertainment
purposes (e.g., concerts, live performances).
(13) Flea markets, bazaars, merchandise marts, and similar retail uses.
(14) 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 A venue. Further, this use must be established on property with a minimum lot area of
20,000 sq.ft.
(15) 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).
(16) Group Home, Type 2 and Community Residential Homes, pursuant to restrictions set
forth in Section 4.3.3(1).
(17) 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).
(18) Drive-in or drive-through restaurants on property located within the West Atlantic
Neighborhood.
(19) Hotels. motels. bed and breakfast inns. and residential-we inns on property located
within the West Atlantic Ne.ighborhood.
(20) Free standing or mixed-use residential development at a density greater than twelve
(12) units per acre. on property located within the West Atlantic Neighborhood. subject to the
standards and limitations of Section 4.4.1300.
33 ORD NO. 64-04
-- - ......
(E) Review and Approval Process:
(1) In established structures, uses shall be allowed therein upon application to, and approval
by, the Chief Building Official for an occupational license.
(2) For any new development, approval must be granted by the Site Plan Review and
Appearance Board (SPRAB) pursuant to Sections 2.4.5(F), 2.4.5(H), and 2.4.5(1).
(3) Conditional uses must be approved pursuant to the provisions of Section 2.4.5(E).
(4) Applications for conditional use approval pursuant to Section 4.4.13(I) must include, in
addition to the standard application items of 2.4.3(A), a site and development plan (including
landscaping, elevations, and floor plans) that are of sufficient detail to detennine that the applicable
performance standards are being met. Final approval of the detailed site plan is by the Site Plan
Review and Appearance Board.
(5) The process for modification of a conditional use and site plan approved pursuant to
Section 4.4.13 (I) is as follows:
(a) Modifications to any aspect of the plan that was a basis for determining
compliance with the applicable performance standards shall be processed as a
modification to the condittonal use approval.
(b) Modifications to the plan that do not affect the application of the performance
standards may be processed as a site plan modification.
(6) All development applications which are processed through either the Planning and Zoning
Board or SPRAB shall be referred to the Downtown Development Authority and the Community
Redevelopment Agency prior to action by the approving body.
(F) Development Standards: The development standards set forth in Section 4.3.4 shall apply,
except as modified below. In case of conflict with other applicable development regulations,
this Section shall apply:
(1) Height: The CBD is a geographic area in which exceptions to height regulations are
allowed pursuant to Section 4.3.40).
(a) Overall Height of buildings shall be a minimum of twenty-five feet (25') and a
maximum of forty-eight feet (48') in height. Exceptions to the height limitations
shall comply with Section 4.3.40)(3) and (4).
34 ORD NO. 64-04
- ~
(b) Arcade Height shall be a minimum ten feet (to'), measured from finished arcade
floor to finished arcade ceiling.
(c) Floor Height shall be a minimum of ten feet (10') for ground floors and a
minimum height of nine feet (9') for all other floors. All heights shall be measured
from finished floor to finished ceiling. Auxiliary and service rooms, such as,
garages, restrooms, closets, laundry rooms, dressing rooms, storage rooms,
mechanical, electrical, and plumbing equipment rooms are exempted from the
floor height regulations.
NOTE HEIGHT
REGULATIONS
DO NOT 25 FT MIN
APPI. Y TO 48 FT BUILDING
AUXILIARY ¥ HEIGHT
AND SERVICE ~
ROOMS
9 FT MIN
'"
I 10FT
I ' IaN
, I
Ji ,
Figure 4.4.13~ - Building Height Requirements
(2) Open Space: A minimum of 10% non-vehicular open space shall be provided;
however, within the area encompassed by the boundaries of the original Downtown
Development Authority as described in Section 8.2.2(B), and within those sections of the
CBD zoning district located within the Pineapple Grove Main Street area and east of the
Intracoastal Waterway, there shall be no minimum open space requirement.
Notwithstanding the provisions of this section, the body acting upon a development
application within the CBD may require that open areas, including but not limited to
courtyards, plazas, and landscaped setbacks, be provided in order to add interest and
provide relief from the building mass.
(3) Building Frontage and Front Setbacks:
(a) The bwlding frontage for an interior lot is the portion of the lot abutting the
primary street minus the required side setbacks.
(b) The building frontage for the primary street side of a corner lot is the portion of
the lot abutting the primary street minus the required side setbacks.
35 ORD NO. 64-04
-
(c) The building frontage for the secondary street side of a comer lot is the portion of
the lot abutting the secondary street minus the required front and rear setbacks.
.
.
.. ~ 3:
q 0
a: , a:
.
G"'_..ìv\J0 - -
-'0'0',-/",-/'
ROW R.OW. RO.W
Figure 4.4.13-45 - Building Frontage
(d) Building frontage is expressed in percentages and may vary from floor to floor.
(e) Frontage and setbacks shall be taken from the property line, or if a dedication is
required, from the resulting property line after dedication.
(f) Building frontage and setbacks for properties fronting on Atlantic Avenue or A-l-
A shall comply with Table 4.4.13-t.
(g) The front setback area for buildings fronting on Atlantic Avenue shall be paved
with paving materials to match the eXIsting sidewalks within the Adantic Avenue
right-of-way.
(h) For comer lots with Atlantic Avenue side street frontage, the first sixty feet (60') of
the building, taken from the Adantic Avenue property line, or if a dedication is
required, from the resulting property hne after dedication shall comply with Table
4.4.13-t.
(i) Building frontage and setbacks for properties fronting on streets other than
Adantic Avenue or A-l-A shall comply with Table 4.4.13-2.
36 ORD NO. 64-04
~
, , .. ':" .-.' . M ~,...," .... '" .:..~:.~.", .;.-
-".~ /\........ ;." ,':' - ...~ ....."\~ ~Iõ. Ÿ "7,' ~ .' I . "4~iJ.' -~' .P.- ',.- ",'
. . . . .1 : ....'" f _ ~
BuBdiop With Areadcd Buikti.o.p Without .Are_do
Frontap~lI)(9)(1II) PIQDta¡e(J)(5)(6}(7)(1)(9)(JII)
Sub Areas Building ,
Hcipt (feet) 0/. BuiIctiDg Setback 0/. Building Setback
Pronteae (feet) Prontage (feet)
(minImax) (minImax)
West Atlantic 70%/90% 0' 70%/90% 5' nun/
Neighborhood Fmished grade 10'max
(WAN) and to 37' Rema1Il111g length 24'min Remaming length 17' mini
Beach Area 22' max
(BA)~ 50% max 12' 50% max 17' min
37' to 48' Remaining length 24'min Remaining length 29'min
70%/90% 5' min or 10'
Finished grade max
to 25' Remaining length 17' min or
22' max
Central Core N/A 70% max 17' min
(CC)~ 25' to 37' Remaining length 29'min
50% max 29' min
37' to 48' Remaining 41'min
length
48' and above 100% max 41' min
(This space intentionalfy left blank)
37 ORD NO. 64-04
-- - - ---.-
ts~~~:-'-""--'~' ~. . ... ," j- ':~.:}'. ~~,:;~~.:'.
. ~~.'
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.' ' . ,-~ Buildiag Frootage (miDlma) . Secback
,"'''-''- -
ROadwaya '-'::':" .~~(fcc=t) . (~-). I
.' I
i
70%/90% 5' nun/
F1llished grade to 25' 10' max
Remaming length 17' minI
22' max
Other Rigbt-of- 50% max 17' nun
ways{4) 25' to ~
Remaming length 29' min
5QW~ æ6 ~
37' 18 18'
~æMntng It:. ~
48' and above 100% 41'min
70%/90% 5'min/
Finished grade to 25' 10'max
Pineapple Grove Remauung length 17' nun/
WayW 22' max
70% max 17' min
25' to 37' Remauung length 29' min
50% max 29' min
37' to 48'
Remaining length 41'min
48' and above 100% 41' nun
70%/80% (3) 15' min(3)
F1ß1Shed grade to 25' 70%/90% (4) 10' min(4)
Remaining length 27' min(3)
22' nun(4)
NE and SE 5th 70% max ~ 15' nun(3)
and NE and SE 25' to 37' 10' nun(4)
6th Avenue~ Remauung length 27' min
50% max 34' nun
37' and above
Remaining length 39' nun
70%/90% i:minL
F1ß1Shed ¡uade to 25' .1!LInax
NW and SW 5th Remaining len~h 1LminL
Avenues(4) ~
70% max ITmm
25' to 37' Remaming len~h ~
50% max ~
37' to 48' Remammg length 1L..mm
38 ORD NO. 64-04
Notes to Tables 4.4.13-1 and 4.4.13-2:
(1) Lots of record with a width less than fifty feet (50) shall be exempted from the buildtng frontage
requtrements provtded a nummum five (5) to maximum ten foot (10) setback be provtded for the
portion of the buildmg from finished grade to twenty-five feet (25) in height and a nunimum
seventeen foot (17) setback is provided above a hetght of twenty-five feet (25).
(2) The applicable development regulations for arcades. Arcades shall have a mintmum width of twelve
feet (12), inclusIve of columns or pilasters up to a maxunum WIdth of two feet (2).
(3) Residential occupancy on the ground floor and primary entrances shall be onented towards NE and
SE 5th or NE and SE 6th Avenues.
(4) Mixed-use/Non-residential occupancy on the ground floor.
(5) The same development standards that apply to the front property line shall apply to the first sixty feet
(60) of the buildtng facmg the sIde street property hne.
(6) Buildtng frontage requirements for parking garages may be mcreased to a maxunum 100% for all
floors by the SIte Plan Review and Appearance Board or the H1stonc Preservation Board subject to
comphance WIth Secnon 4.6.18(B)(14)(vt)4), Parking Garages.
(7) The buildmg setback requirements for portions of parking garages above twenty-five feet (25) may be
waived by the Site Plan Revtew and Appearance Board or the H1stonc Preservation Board subject to
comphance WIth Secnon 4.6.18(B)(14)(vi)4), ParkIng Garages, and a nunimum five (5) to maximum
ten foot (to) setback for the portion of the buildmg from firushed grade to twenty-five feet (25) in
height.
(8) For sites with multiple bOOdings, the bOOding immediately abutting the roadway(s) shall comply with
the bOOdmg frontage and setbacks in Table 4.4.13-1 and 4.4.13-2.
(9) Building floors shall be setback m mcrements of twelve feet (12) to create a vertical stepped back
appearance.
(10) Building and sIte des1gJl shall incorporate Cnme Prevennon Through Environmental Design
(CP1ED) standards to the greatest extent possible.
(This space intentionallY left blank)
39 ORD NO. 64-04
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Figure 4.4.13~ - Building Frontages and Setbacks for Adantic Avenue in the West Atlantic Neighborhood or
Beach Area and at' A-t-A in Beach Area
40 ORD NO. 64-04
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Figure 4.4.13-61- Building Frontages and Setbacks for Adantic Avenue in Central Core Area
41 ORD NO. 64-04
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Figure 4.4.13-+8 - Building Frontages and Setbacks for Pineapple Grove Way
42 ORD NO. 64-04
,
~~~~t ~~I W~t ~~~~t ~~¡ W~t
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Figure 4.4.13-82 - Building Frontages and Setbacks for NEjSE 5th and 6th Avenues
43 ORD NO. 64-04
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Figure 4.4.13-10 - Building Frontages and Setbacks for NW /SW 5th Avenue
44 ORD NO. 64-04
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Figure 4.4.13-911- Building Frontages and Setbacks for Other Roadways
45 ORD NO. 64-04
(4) Side interior setbacks for all buildings shall be as follows:
(a) Zero feet (0') from the property line if there is vehicular access available to the rear
of any structure, or
(b) Ten feet (10') from the property line where no vehicular access is available to the
rear of any structure. For a side interior lot, a ten foot (10') setback is required
only on one (1) side.
(5) Side Street Building Frontage and Setbacks
(a) Side street setbacks shall be taken from the property line, or if a dedication is
required, from the resulting property line after dedication.
(b) Side street building frontage and setbacks shall comply with the applicable roadway
requirements in Tables 4.4.13-1 and 4.4.13-2.
(c) For comer lots fronting on Atlantic Avenue, Pineapple Grove Way, NE and SE
5th Avenues, 6f NE and SE 6th A venues, or NW and SW 5th A venues. the same
development standards that apply on Adantic Avenue, Pineapple Grove Way, NE
I and SE 5th Avenue, Mtd NE and SE 6th Avenue. or NW and SW 5th Avenue. shall
apply to the first sixty (60) feet, taken from the Atlantic Avenue, Pineapple Grove
Way, NE and SE 5th Avenue, 6f NE and SE 6th Avenue, or NW and SW 5th
A venue. property line, or lf a dedication is required, from the resulting property
line after dedication.
SAME DEVELOPMENT
STANDARDS SHAll APPLY
TO THE FIRST 60 FT
(
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Figure 4.4.13-192 - Comer lots with Adantic Avenue, Pineapple Grove Way, NEjSE 5th Avenue, M NEjSE 6th
Avenue. or NW /SW 5th Avenue Frontage
46 ORD NO. 64-04
-
(6) Rear setback for all building floors shall be a minimum of ten feet (10') from the
property line.
(7) Stroctures Allowed Within Setback
(a) Balconies may encroach a maximum of four feet (4') into the setbacks.
(b) Loggias and Trellises above the ground floor are allowed to encroach into the
setbacks provided they do not exceed the required building setback of the portion
of the floor direcdy below it.
(c) Roof Eaves may encroach into the setbacks a maximum of four feet (4').
ROOF EAVES MAX 4 FT
OPEN TRELLISES AND
LOGGIAS If Fr WcK.
BALCONIES 4 FT. MAX
1- PROPERTY LINE
Figure 4.4.13-t1.;! - Encroachments
(G) Supplemental District Regulations: In addition to the supplemental district regulations as
set forth in Article 4.6, except as modified below, the following shall also apply.
(1) Central Core and Beach Area Supplemental Regulations Parlåag:
(a) Within that portion of the CBD bounded by Swinton A venue on the west, N .E.
1st Street on the north, the Intracoastal Waterway on the east and S.E. 1st Street
on the south, the parking requirements for all non-residential uses, except
47 ORD NO. 64-04
--
-- - - -
restaurants, shall be one space for each 300 square feet or fraction thereof. The
parking required for the creation of new floor area, shall also include the
replacement of any previously required parking which may be eliminated. Within
all other geographic areas of the Central Core and Beach Area within the CBD
Zone District, the provisions of Section 4.6.9(C) shall apply, as further modified
within this Subsection (G)(l).
(b) When the parking requirements are applied to either new development, expansion
of an existing use or a change in use, which results in the requirement of only one
new parking space, a one space exemption shall be allowed. This exemption may
only occur once per property.
(c) If it is impossible or inappropriate to provide required parking on-site or off-site,
pursuant to Subsection 4.6.9(E)(4), the in-lieu fee option provided in Section
4.6.9(E)(3) may be applied.
(d) The parking requirement for restaurants is established at six (6) spaces per 1,000
squarefuetoffloor~ea
(e) The parking requirements for residential units in multi-family structures and
mixed-use buildings shall be as follows:
· Efficiency dwellin~ unit 1.0 space/unit
· One bedroom dwelling unit 1.25 spaces/unit
· Two or more bedroom dwellin~ unit 1.75 spaces/unit
· Guest parking shall be provided cumulatively as
follows:
- for the first 20 units 0.50 spaces/unit
- for units 21-50 0.30 spaces/unit
- for units 51 and above 0.20 spaces/unit
Within Townhouse and Townhouse type developments, parking may be provided
in front of garage units provided that such parking does not result in the space for
one unit impeding access to a space of the other unit.
Location of Guest Parking Spaces: Guest parking spaces must be accessible to
all visitors and guests and may be centralized or located near recreational features
within a development project.
48 ORD NO. 64-04
-
- -
(2) West Adantic Neighborhood SupJ>lemental District Regulations: The following
supplemental district regulations apply in the West Atlantic Avenue Overlay District as
defined in Section 4.5.6(6):
(a) Commercial structures are limited to a maximum depth of 150 feet from the
ultimate right-of-way of Atlantic Avenue. unless the parcel has frontage on N.W.
5th Avenue or S.W. 5th Avenue. Accessor.y uses such as parking areas.
landscaping. and drainage retention areas may extend beyond the 150 foot limit.
Establishment or expansion of structures beyond the 150 foot limit may be
allowed as a conditional use. subject to the required findings of Section 2.4.5ÇE)(5).
(b) There is no restriction on repair and/or reconstruction of non-confonning single
family residences located a minimum of 150 feet from Adantic Avenue.
(c) Six (6) parking spaces per 1.000 square feet of gross floor area are required for
restaurants and one (1) parking space per 300 square feet of gross floor area is
required for all other non-residential uses. except hotels and motels. Parking
spaces for residential uses are required at the rates established in Section
4.6.9(C)(2).
(d) The parking requirement for hotels and motels is established at 0.7 of a space for
each guest room plus one (1) space per 300 sq. ft. of floor area devoted to
ballrooms. meeting rooms. and shops and six (6) spaces per 1.000 sq. ft. of floor
area devoted to restaurants and lounges within the hotel or motel.
(e) If it is impossible or inappropriate to provide required parking on site or off-site.
the in-lieu fee option provided in Section 4.6.9ÇE)(3) may be applied.
(f) Parking areas and accessways to parking lots must be located to the rear of
commercial structures that have frontage on Atlantic Avenue. Where locating
parking to the rear of the structure is impossible or inappropriate. the Site Plan
Review and Appearance Board may approve an alternate location.
(H) Special Regulations:
(1) The sale of second hand material, other than verifiable antiques, fttltomoti.-e parts,
tifelU'tfts, aaà Iawß eare eqæpmeat shall not be allowed within businesses nor on properties which
have an entry from and/or windows along and/or frontage on EftM Atlantic Avenue or N.E. 2nd
Avenue (a/k/a Pineapple Grove Way) between East Atlantic Avenue and N.E. 4th Street.
49 ORD NO. 64-04
~
(2) The sale of automotive parts. firearms. and lawn care equipment. shall not be allowed
within the West Atlantic Neighborhood nor within businesses or on properties which have an entry
from and/or windows along and/or frontage on East Atlantic Avenue or N.E. 2nd Avenue (a/k/a
Pineapple Grove Way) between East Atlantic Avenue and N.E. 4th Street.
(~,1) The picking-up, dropping-off, or otherwise transporting workers, assigned through an
employment agency, from an assembly point in the CBD to the work site is prohibited, except
within the West Atlantic Neighborhood area provided the structure involved does not have an
entrance from and/or windows facing West Atlantic Avenue.
(4) Within the West Atlantic Nej~hborhood. all permitted uses with drive-through facilities
shall require conditional use approval.
(;~ Minimum floor area for multi-family residential dwelling units shall be as established for
the Medium Density Residential (RM) zoning district in Section 4.3.4(K).
(42) Multi-family dwelling units may be located in structures that are comprised of residential
units only or in mixed-use buildings that contain a combination of residential and non-residential
uses. However, where residential uses are located in structures having frontage on Adantic Avenue~
NW /SW 5th Avenue or N.E. 2nd Avenue (a/k/a Pineapple Grove Way), there must be
nonresidential uses fronting the Avenue on the ground floor.
(;'?) The rental of sporting goods and equipment shall be limited to no more than one business
renting a specific category of item (i.e. bicycles, skates, etc.) every 300 feet measured in a straight line
from door to door, and any outdoor displays are subject to the restrictions set forth in Section
4.6.6(C)(3).
(6ID 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).
(I) Performance Standards These standards shall apply to all applications for new development
and modification of existing developments which would result in a density greater than thirty (30)
dwelling units per acre in the Commercial Core or twelve (12) units per acre in the West Atlantic
Neighborhood.
(1) The maximum permissible density of a particular project will be established through the
conditional use process, based upon the degree to which the development complies with the
performance standards of this section, the required findings of Section 2.4.5(E), and other applicable
standards of the comprehensive Plan and Land Development Regulations. Notwithstanding the
above, the approving body may deny an application for increased density where it is determined that
50 ORD NO. 64-04
~
the proposed project is not compatible in terms of building mass and intensity of use with
surrounding development.
(2) The applicable performance standards for development exceeding twelve (12) units per
acrea within the West Atlantic Neighborhood or thir1;y (30) units per acre within the Central Core
tlfiàef thi3 3ee:tiOft are as follows:
(a) The development offers variation in design to add interest to the elevations and
relief from the building mass. Building elevations incorporate several of the
following elements: diversity in window and door shapes and locations; features
such as balconies, arches, porches; and design elements such as shutters, window
mullions, quoins, decorative tiles, or similar distinguishing features.
(b) If the building includes a parking garage as an associated structure or within the
principal building, the garage elevation provides unified design elements with the
main building through the use of similar building materials and color, vertical and
horizontal elements, and_architectural style. Development of a portion of the
ground floor perimeter adjacent to street rights of way is devoted to window
displays or floor area for active uses such as retail stores, personal and business
service establishments, entertainment, offices, etc., is encouraged.
(c) A number of different unit types, sizes and floor plans are available within the
development. Two and three bedroom units are encouraged, as are a
combination of multi-level units and flats. In projects consisting of more than
twelve (12) dwelling units, the proportion of efficiency or studio type units may
not exceed 25% of the total units. There is no maximum percentage established
for projects having twelve (12) or fewer units, however, a mix of unit types and
sizes is encouraged.
(d) The project design shall create an overall unified architectural character and image
by the use of common elements between the building(s), parking lot, and
landscaping. Examples of some features that could be incorporated to meet this
standard are: freestanding light poles and exterior light fixtures that are
decorative and consistent with the architectural treatment of the building(s);
pedestrian amenities such as benches, shaded walkways, and decorative pavement
treatment, that are similar in forms, colors, materials, or details as the architecture
of the building(s); focal points such as public art, water feature/fountain,
courtyard or public plazas designed to connect different uses along a continuous
pedestrian walkway; or a combination of similar features that meet the intent of
this standard.
51 ORD NO. 64-04
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(e) The development provides common areas and/or amenities for residents such as
swimming pools, exercise rooms, storage rooms or lockers, covered parking,
gardens, courtyards, or similar areas and/or amenities.
(f) The development promotes pedestrian movements by providing convenient
access from the residential units to the public sidewalk system. Pedestrian areas
adjacent to the building are enhanced by providing additional sidewalk area at the
same level as the abutting public sidewalk. Accessways to parking areas are
designed in a manner that minimizes conflicts between vehicles and pedestrians.
The public street or streets immediately adjacent to the development are
enhanced in a manner that is consistent with the streetscape in the downtown
area (i.e., installation of landscape nodes, extension oCexisting paver block
system, installation of approved street lighting. etc.).
(g) The development provides opportunities to share parking, accessways, driveways,
etc., with adjoining properties, or provides additional parking spaces that may be
used by the public.
(h) Projects fronting on Atlantic Avenue, NW /SW 5th Avenue. N.E. 1st Street, or
S.E. 1st Street contain nonresidential uses on the ground floor. At least iifty
pefeeftt (50%) seventy-five percent (75%) of the surface area of the front street
walles) at the ground floor of each such building is devoted to display windows
and to entrances to commercial uses from outside the building.
(i) The landscape plan for the development preserves and incorporates existing native
vegetation (where available), provides new landscaping that is in excess of
minimum standards (in height and quantity), demonstrates innovative use of plant
material, improves site design, provides useable open space or public plazas, and
maximizes available areas for pedestrian interaction. If necessary to achieve this
standard, the project may exceed the maximum setback area on the ground floor.
(3) It is acknowledged that it may not be possible for projects which involve the modification
of existing structures to comply with many of the above referenced standards. For those types of
projects, the ultimate density should be based upon compliance with those standards which can be
reasonably attained, as well as the project's ability to further the goal of revitalizing the central
business district (i.e., adaptive reuse of older structures and the provision of housing in close
proximity to employment opportunities and services).
.. .
52 ORD NO. 64-04
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SECTION 6. That Section 4.4.24, "Old School Square Historic Arts (OSSHAD) District," I
Subsection 4.4.24(F), "Development Standards," of the Land Development Regulations of the Code
of Ordinances of the City of Dekay Beach, Florida, be, and the same is hereby amended to read as
follows:
(F) Development Standards: The development standards as set forth, for the OSSHAD
District, in Section 4.3.4 apply, except for:
(1) The following locations shall be subject to the development standards of the
Commercial Core (CC) area of the CBD Zone District:
(a) Lots 1- 7 and 19-24, Block 69
(b) Lots 7- 8, Block 75
(c) Lots 1- 6, Block 76
(2) The following locations shall be subject to the development standards of the West
Adantic Neighborhood (WAN) area of the CBD Gb 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.
.. .
SECTION 7. That Section 4.5.6, "The West Atlantic Overlay District," of the Land Development
Regulations of the Code of Ordinances of the City of Dekay Beach, Florida, be and the same is
hereby amended to read as follows:
Section 4.5.6 The West Atlantic Avenue Overlay District:
(A) General: With the adoption of the City's Comprehensive Plan by Ordinance No. 82-89 on
November 28, 1989, the City identified the West Atlantic Avenue Corridor as an area in need of
redevelopment and revitalization. In accordance with Future Land Use Element Policy C-2.4, a
redevelopment plan was prepared for the area and was adopted by the City Commission at its
meeting of July 11, 1995. This section is created to implement the provisions of the adopted West
Atlantic Redevelopment Plan. All development within the West Atlantic Overlay District, as
defined in Section (B) below, shall take place according to the provisions of the adopted plan.
53 ORD NO. 64-04
- -------- -
(B) Defined: The West Atlantic Avenue Overlay District is hereby established as the area bounded
by 1-95 on the west, Swinton Avenue on the East, S.W. 1st Street on the south, and N.W. 1st Street
on the north, and extending one block north of N.W. 1st Street along N.W. 5th Avenue to include
Blocks 19 and 27, Town of Dekay. The regulations established in Sections 4.1.9(E)(1) Itftd
4.4.9(C)(1) 4.4.13(G)(2) shall apply to all G&CBD zoned parcels within the Overlay District.
(C) West Adantic Redevelopment Coalition (WARC):
(1) All applications for commercial or multiple family residential development. including signs.
within the West Atlantic Avenue Overlay District will be forwarded to the West Atlantic
Redevelopment Coalition (W ARC) for comment.
(C) West fá:tlsatie .."...veatte Arehikeærsl Review Cammittee (.."..RC):
(1) }"ft !..re:hitee:Riftl R~-iew Coft'lfftÍttee: (AR-c) Ï3 nereb, csta6mned to re-,"iew all ævelopmeftt
proposa:13loeateà Ïfi thc Onrlay District. The l..RC acts in aft advÜory eapacity to thc Board(3)
t&låftg actioft on a dcvelopmeftt P1'Ðf'03al.
(2) The l..rehitee:tt1:fal R~-it:w Committee will WftM3t of se-V'eft (7) memee:r3 sen~.ng two (2)
yeM term3. Three of the iøitia-l member3 will 3e:rve ofte (1) year te:rms Ïfi order to 3tagger the: term3
of eomm:i:ttec membefs. ..<'\RC mem6er3 are ftomtaated by the Commtmity Redc-.'dopmeftt Ageftt:j,
Board of Comœissioaers.
(a) Members of the !..RC shall be resideftt'S, p1'6perty OWftC13, Of bU3ines3 ðWfter3
within the Mea hOt1ftdeà by S.W. tOth Sà'eet, I 95, ð-wmtoa }..vefttK aftd Lake Ida
~
(h) Membership of the eoft'lfftÍttee win be as f6Row3:
* Two !sad àt:vdopmeftt professÏ6ftah (ftKMteet, cagiaeet, 3tJ:fveyof, !sftdseapc
Mehtteet, eofttftet6t, ete.);
* Two OWftef8 of bö3Ïfic33cs loeated Ïfi the West Atlftfttie !..-.'"eaNe Overlit)-
Distf'Ït:t; aftd
* Th:ree mem.bm at 1Mge.
(3) ..A..H applteatiofts, indtuling 3~3, fOf eØft1fftt:fœ Of meltiple family re3idefttiftl
tkvelopmeat withia the ~T-e3t l..tlftfttie }..-.~aue Overlfty Di3trict will be refcrft:à to thc l..RC aad d\c
COfftmtlftÎty Redevelopmeftt Ageftey fOf advisory review Mid commeftt.
(1) The l..RC will meet as retJ:ttired to re-view 3tJ:6ft'.l:Íssioft3, mtfter tftaft at regttIM intervals.
54 ORD NO. 64-04
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. . .
SECTION 8. That Section 4.6.4 "Special District Boundary Treatment," Subsection 4.6.4(A),
"Commercial Zoning adjacent to Residential Zoning or Zoning Districts with a Thirty-Five (35)
Foot height Limitation," of the Land Development Regulations of the Code of Ordinances of the
City of Delray Beach, Florida, be and the same is hereby amended to read as follows:
Section 4.6.4 Special District Boundary Treatment: The following special district boundary
treatments are to be minimums. If other treatments are required, the requirements which provide
for the greatest separation and most buffering shall apply.
(A) Commercial Zoning Adjacent to Residential Zoning or Zoning Districts with a Thirty-
five (35) Foot Height Limitation:
(1) Properties subject to the development standards of the Central Business District (CBD)
or CeacrM CommerctiM (CC) Di3tf'Ït:t withifl the Wt:3t }..tlMltic Neigh.borhood (WAN)
shall comply with the following:
(a) Where the rear or side of a property directly abuts a zoning district with a height
limitation of thirty-five feet (35') without any division or separation between
I them of thirty feet (30') or more, such as a street, alley, railroad, waterway, park,
or other public open space, the following shall apply:
(i) For buildings or portion of the buildings thirty-seven feet (37') or less in
I
height, a ten foot (10') minimum building setback from the property line
shall be provided.
(ü) For buildings above thirty-seven feet (37') in height, a twenty-two foot
(22') minimum building setback from the property line shall be provided
for the portion of the building that is over thirty-seven feet (37') in height.
(ill) A solid finished masonry wall six feet in height, or a continuous hedge at
least 4-1/2 feet in height at the time of installation, shall be located inside
and adjacent to the portion of the boundary line of the commercially zoned
property which directly abuts the residentially zoned property. If a wall is
used, it shall have only those openings as required by other city codes to
meet hurricane or severe storm construction standards. No walkways or
other pedestrian ways shall be located through the wall or hedge.
(2) All other commercially zoned properties shall comply with the following:
55 ORD NO. 64-04
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(a) Where the rear or side of commercially zoned property direcdy abuts
residentially zoned property without any division or separation between them,
such as a street, alley, railroad, waterway, park, or other public open space, the
commercially zoned property shall provide a ten-foot building setback from the
property line located adjacent to the residentially zoned property. In addition,
either a solid finished masonry wall six feet in height, or a continuous hedge at
least 4-1/2 feet in height at the time of installation, shall be located inside and
adjacent to the portion of the boundary line of the commercially zoned property
which direcdy abuts the residentially zoned property. If a wall is used, it shall
have only those openings as required by other city codes to meet hurricane or
severe storm construction standards. No walkways or other pedestrian ways
shall be located through the wall or hedge.
(b) Where the rear or side of commercially zoned property does not direcdy abut
residentially zoned property but is separated from it by an alley, the commercially
zoned property shall provide a ten-foot building setback from the property line
located adjacent to the separator.
.. .
SECTION 9. That Section 4.6.9, "Off-Street Parking Regulations," Subsection 4.6.9 (E) "Location
of Parking Spaces,", Sub-subsection 4.6.9(E)(3), "In-Lieu Fee", of the Land Development
Regulations of the Code of Ordinances of the City of Dekay Beach, Florida, be, and the same is
hereby amended to read as follows:
(3) In-Lieu Fee: If it is impossible or inappropriate to provide the required number of
on-site or off-site parking spaces, the City Commission may approve the payment of a fee in-lieu of
providing such required parking, pursuant to the following provisions:
(a) The in-lieu fee is authorized only in the CBD, CBD-RC, and OSSHAD, attd CC
(We3t 1...tlafttie h'".-efttle Oveflay Distf'Ït:t) Zoning Districts in compliance with the
Supplemental District Regulations provisions therein.
(b) Arrangements for payment shall be approved by the City Commission at the time
of the approval of the in-lieu fee. The fee amount shall be based upon the
location of the property for which in-lieu fees are being sought. Area descriptions
and corresponding fee amounts are hereby established as follows: (See page 4646
- A for corresponding map).
(1) Area 1: Parcels located east of the Intracoastal Waterway which are zoned
CBD - $14,000 per space.
56 ORD NO. 64-04
_ ___ _u__ ____ ------ -- --
(2) Area 2: Parcels located west of the Intracoastal Waterway which are zoned
CBD or CBD-RC and which are not included within the Pineapple Grove
Main Street area or West Atlantic Neighborhood - $12,000 per space.
(3) Area 3: Parcels located within the OSSHAD zoning district and parcels
located within the Pineapple Grove Main Street area which are zoned CBD
or CBD-RC - $6,000 per space.
(4) Area 4: Parcels located within the West Atlantic ....\ve:8t1e Ovulay Distriet
Neighborhood which are zoned Gb CBD - $4,000 per space.
(c) All proceeds from such a fee shall be used for parking purposes.
(d) For property owners opting to pay in full, or lessees of properties, payment of the
in-lieu fee is due upon issuance of a building permit.
The in-lieu fee may be paid in full upon issuance of a building permit or in
installments. Applicants for an in-lieu fee which is not paid in full at time of
permit, must enter into an In-Lieu of Parking Fee Agreement with the City. Such
agreement shall be recorded with the Public_Records Office of Palm Beach
County, Florida. The obligations imposed by such an In-Lieu of Parking Fee
Agreement constitute a restrictive covenant upon a property, and shall bind
successors, heirs and assigns. The restrictive covenant shall be released upon full
payment of the in-lieu parking fees including attorneys' fees and costs. In-Lieu of
Parking Fee Agreements shall only be made between the City and the Owner(s)
of the subject property. In-Lieu of Parking Fee Agreements shall only be made
between the City and the Owner(s) of the subject property. If an In-Lieu of
Parking Fee Agreement is entered into, installment payments shall be made over a
three-year time period in three installments. The first installment shall be 50% of
the total fee and is to be paid upon signing the agreement. The second
installment shall be 25% of the total fee and is due on the second anniversary date
of the signing of the agreement. The third and final payment of 25% of the total
fee is due on the third anniversary date of the signing of the agreement. There
shall be no interest due under this payment schedule.
(e) In addition to in-lieu fees due, where adequate right-of-way exists adjacent to a
proposed project for which an in-lieu parking fee has been approved, the
applicant must construct additional on-street parking, not to exceed the total
amount of spaces subject to in-lieu fees unless authorized by the City
Commission. The total in-lieu fee due shall be reduced by an amount equal to the
actual construction costs, but in no event to exceed total in-lieu fees, for these on-
street spaces including street lighting. Additional credit, not to exceed 10% of the
57 ORD NO. 64-04
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total fee, may be taken for the actual construction costs of approved streets cape
beautification elements in the public right-of-way. Beautification improvements
may include, but are not limited to, paverbrick walkways, street furniture and
landscaping. Credit may not be taken for those streets cape elements listed in
Section 4.4.13(I)(2)(f) which are required to meet the performance standards for
new developments in the CBD which exceed 30 dwelling units per acre. Neither
credit for construction of on-street spaces, nor credit for construction of
beautification elements shall be reimbursed until such construction has been fully
completed.
.. .
SECTION 10. That Section 4.6.18, "Architectural Elevations and Aesthetics," of the Land
Development Regulations of the Code of Ordinances of the City of Dekay Beach, Florida, be, and
the same is hereby amended to read as follows:
(A) Minimum Requirements:
(1) The requirements contained in this Section are minimum aesthetic standards for all site
development, buildings, structures, or alterations except for single family development.
(2) It is required that all site development, structures, buildings, or alterations to same, show
proper design concepts, express honest design construction, and be appropriate to
surroundings.
(B) Building and Structure Requirements:
(1) Buildings or structures which are a part of a present or future group or complex shall
have a unity of character and design. The relationship of forms and the use, texture, and
color of materials shall be such as to create a harmonious whole. When the area
involved forms an integral part of, is immediately adjacent to, or otherwise clearly affects
the future of any established section of the City, the design, scale and location on the site
shall enhance rather than detract from the character, value, and attractiveness of the
surroundings.
(2) Buildings or structures located along strips of land or on single sites, and not a part of a
unified multi-building complex, shall strive to achieve visual harmony with the
surroundings. If they are built in undeveloped areas, the three primary requirements
shall be met: express honest design construction, show proper design concepts, and be
appropriate to the City.
58 ORD NO. 64-04
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- -~ -------- - ~---- --~ -~ -- --- ~--
(3) All facades visible to public or adjacent property shall be designed to create a
harmonious whole. Materials shall express their function clearly and not appear as a
material foreign to the rest of the building.
(4) To be harmonious, it is not to be inferred that buildings must look alike or be of the
same style. Harmony can be achieved through the proper consideration of scale,
proportion, site planning, landscaping, materials, and color.
(5) Look -alike buildings are not allowed unless, in the opinion of the Site Plan Review and
Appearance Board or the Historic Preservation Board, there is sufficient separation to
preserve the aesthetic character of the present of evolving neighborhood. This is not to
be construed to prohibit duplication of floor plans and exterior treatment in a planned
development where, in the opinion of the Board, the aesthetics of the development
depend upon, or are enhanced by the look-alike buildings and their relationship to each
other.
(6) Buildings, which are of symbolic design for reasons of advertising, unless otherwise
compatible with the criteria herein, will not be approved by this Board. Symbols
attached to buildings will not be allowed unless they are secondary in appearance to the
building and landscape and are an aesthetic asset to the building project and
neighborhood.
(7) Exterior lighting may be used to illuminate a building and its grounds for safety
I purposes, but in an aesthetic manner. Lighting is not to be used as a form of advertising
in a manner that is not compatible to the neighborhood or in a manner that draws
considerably more attention to the building or grounds at night than in the day. Lighting
following the form of the building or part of the building will not be allowed if, in the
opinion of the Board, the overall effect will be garish or detrimental to the environment.
All fixtures used in exterior lighting are to be selected for functional aesthetic value.
(8) Building surfaces, walls, and roofs that are considered garish by the Board will be denied
approval.
(9) "Take-out" or "pick-up" windows or doors shall not be located on a building facade that
faces a public right-of-way, unless they are designed in a manner as to be an aesthetic
asset to the building and neighborhood.
(10) All exterior forms, attached or not to buildings, shall be in conformity to, and secondary
to, the building. They shall be an asset to the aesthetics of the site and to the
neighborhood.
59 ORD NO. 64-04
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(11) All telephones, vending machines, or any facilities dispensing merchandise, or a service
on private property, shall be confined to a space built into the building or buildings or
enclosed in a separate structure compatible with the main building.
(12) Gasoline Stations:
(a) Symbolic color of the exterior facades or roofs may not be used unless they are
harmonious with the atmosphere of the neighborhood and the city.
(b) Exterior display of goods for sale or displays designating a service will not be
allowed, except that a display of goods and tools of a service may be displayed on
the pump island, provided the island is not considered by the Site Plan Review and
Appearance Board or Historic Preservation Board to be enlarged to take advantage
of this provision, and provided the goods and tools be such that they can be used
or installed at the island. For example: An oil rack is acceptable, but a tire display
is not.
(13) Outbuildings and Shopping Centers:
(a) Rule: Outbuildings within a shopping center shall be compatible in terms of
color, materials, and architectural style.
(b) Procedure: The Site Plan Review and Appearance Board shall make a finding of
such compatibility prior to approval of outbuilding elevations. If the Board
detennines that there is not compatibility with respect to any of the items, then it
shall deny the elevations. However, if the Board feels, despite the incompatibility,
the elevations should be approved they shall forward the elevations to the City
Commission with a recommendation of approval and the City Commission shall
take final action.
(14) Buildings within the Downtown Area: These additional criteria shall be applicable to
buildings located within the CBD aftà tft03e Ø;lt:8;3 witflffi the CC witflffi. the We3t
.A.dMitie Neighborhood (W..'\N), OSSHAD, and CBD-RC zoning districts. In case of
conflict, the more restrictive regulation shall apply. All buildings shall comply with the
following requirements:
(i) Roofs and Gutters:
1) Roof eaves above pedestrian walkways must be guttered to promote a
pedestrian friendly environment.
60 ORD NO. 64-04
/' - - -
~-- ~- --
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2) Roofs and gutters must be built of durable materials and integrated into
the architectural design of the building.
3) Flat roofs shall be screened from adjacent properties and streets with
decorative parapets. The maximum height of the parapet wall shall be
six feet (6') in height or sufficient height to screen all roof mounted
equipment, whichever is greater, measured from the top of the roof
deck to the top of the parapet wall. Exception to the height
requirements shall be pursuant to Section 4.3.4G).
4) Roof mounted electrical, mechanical, ill conditioning, and
communication equipment shall be completely screened from adjacent
properties and streets. A sight line study with the following
information shall be submitted to Site Plan Review and Appearance
Board for approval:
a) A two-dimensional cross section, at a minimum scale of 1:100, of
the site showing the building with the equipment screening in
relation to the adjacent properties or public street.
b) Graphic illustration showing that the equipment is not visible
within a 200 foot radius. The radius shall be measured from the
exterior side of the screen to a point ten feet (10') above finished
grade.
5) Prohibitions:
a) Flat asphalt shingles.
b) Plastic gutters.
(ü) Walls:
1) Materials:
a) There shall be a maximum of two (2) primary materials, excluding
windows, doors, accents and trims. These materials shall be
appropriate to the building style and shall be consistent on all
sides of the building. The materials shall be complementary and
create visual interest, such as shadow and depth, to the building
walls. Materials used to simulate other materials shall count as
61 ORD NO. 64-04
- .....
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separate materials provided there is a change in texture, color,
and pattern of the finish.
b) Materials or patterns not expressly prohibited may be used if the
overall effect is complementary to the overall architectural
character and context of the adjacent properties.
c) Metal curtain walls shall be limited to 30% of the total building
exterior elevation.
d) Small setbacks or indentations, a minimum depth of eight inches
(8"), shall be incorporated into a minimum 30% of all building
facades without any windows and doors.
e) Prohibitions:
i) Prefabricated and pre-engineered metal wall panels.
ü) Metal curtain wall systems with 100% glass and metal
combination.
ill) Chain link fences are prohibited except within sites
containing outdoor recreation uses or facilities such as
baseball, tennis, racquetball, etc. in which case they must be
appropriately screened with landscaping pursuant to
Section 4.6.16.
2) Accessory structures such as perimeter fences and walls, enclosures
used for the screening of mechanical and electrical equipment, loading
and service areas, and/or dumpster and recycling areas shall be
consistent with the architectural treatment of the principal building.
3) Treatment of blank walls:
a) Where blank walls are unavoidable due to the requirements of a
particular land use or structural needs, they shall not exceed a
length of fifty feet (50'), or twenty percent (20%) of the length of
the building facing the street, whichever is less.
b) Blank wall sections of allowed lengths shall receive one (1) or
more of the following special design treatments in order to
increase pedestrian comfort or create visual interest:
62 ORD NO. 64-04
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i) Vertical trellis in front of the wall with climbing vines or
other plant materials over at least 30% of the blank wall
surface.
ü) Control and expansion joints used in a decorative pattern
with varied materials or textures and spaced a maximum of
ten feet (10') on center. Relief and reveal depth, if used in a
pattern, shall be a minimum of three-quarter (3/4) inch and
shall be a minimum of 30% percent of the blank wall
surface.
ill) Small setbacks, projections, or indentations with a
minimum depth of eight inches (8''), or intervals of material
change to break up the wall's surface.
iv) Additional architectural details such as pilasters, medallions,
decorative panels or castings, decorative accent tiles,
louvered vents, or public art shall be integrated on any
exterior wall to avoid a blank wall appearance.
(ill) Arcades, Porches, Trellises, Loggias and Balconies:
1) Materials:
a) Building materials shall be compatible with the architectural
treatment of the principal building.
b) Exterior walls or vertical surfaces shall not exceed 815% of the
length of the arcade, porch, loggia, or balcony.
2) Columns and posts:
a) The spacing between columns shall have a height to width or
width to height ratio of 1:1, 2:1, 2:3, 3:1 or 5:1 or a proportion
that will emphasize the building's vertical or horizontal
articulation or rhythm and incremental appearance. The
maxnnum spacmg between columns, from centerline to
centerline shall be twenty-four feet (24').
b) Structural columns or posts shall be a minimum of twelve inches
(12") in width or depth. Decorative posts or columns with or
63 ORD NO. 64-04
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without a lateral attachment, such as railings, beams, trellis, or
lattice, shall be a minimum four inches (4") in size, width, or
depth.
c) Arches over columns that are part of an arcade shall have no less
than twelve inches (12") in depth.
(iv) Windows and Doors:
1) Window and door shutters and decorative trims and moldings shall be
sized to match the dimensions of the wall openings.
2) The minimum transparency or glass surface area on the ground floor
wall area of all non-residential and mixed-use buildings, shall be a
minimum of 75% of the wall area for that elevation. All storefronts or
glass areas abutting the street shall be transparent, non-solar or non-
mirrored, and have a light transmission reduction of no more than
twenty percent (20%).
3) Garage doors, entrances and exits with street frontage shall be designed
to have a decorative appearance consistent with the overall
architectural composition of the project.
4) All public entries, excluding emergency exits, shall be easily identifiable
and integrated into the building architecture. Each freestanding
principal structure shall have a minimum of one clearly defined primary
public entrance feature.
5) Prohibitions:
a) Security bars on storefronts or display windows.
b) Back lit canopies or awnings, neon or fluorescent lighting, unless
incorporated into the architectural concept of the project or
public artwork and approved by the Site Plan Review and
Appearance Board or the Historic Preservation Board. An
example of this may be a design element associated with an Art
Deco project.
(v) Miscellaneous:
64 ORD NO. 64-04
/ ,
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1) A change in roof design, doors and window rhythm and articulation,
and building materials or textures shall be required every 150 feet along
a building's street frontage. Minimum spacing between the same
architectural composition shall be 300 feet.
2) A maximum of four (4) base wall colors shall be used for each building,
except as required for artworks as approved by the Site Plan Review
and Appearance Board or Historic Preservation Board.
3) Miscellaneous free standing, wall or ground mounted appurtenances
such as electrical and gas meters, dumpster/recycling, trash
compactors, gas tanks, air conditioning and communication equipment
shall be enclosed or screened and integrated into the building's
architectural treatment. The appurtenances shall also be prohibited
within the front yards.
4) Pedestrian amenities shall be integrated into the overall project design.
These features shall be designed as a focal point of a building, within a
public plaza, or to facilitate pedestrian movement from a more
intensive land use such as a retail use to a less intensive land use such as
an office use.
5) Similar architectural treatment shall be provided on all sides of the
building.
6) Cross-ventilation, energy efficiency, and green building design shall be
considered for all projects.
(vi) Parking garages: Above ground parking garages shall comply with the
architectural requirements of this Section and the following additional
requirements:
1) Ramps shall be visually screened from streets and adjacent residential
zoning districts and oriented towards the interior of the lot within a
project where possible. Ramp profiles shall be hidden on the exterior
elevations.
2) Roof top parking shall be visually screened with articulated parapet
walls or other architectural treatment acceptable to the Site Plan
Review and Appearance Board. Exterior lighting shall utilize fixtures
provided with cut-off shielding in order to eliminate glare and spillage
onto adjacent properties and roadways.
65 ORD NO. 64-04
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3) The openings of the garage shall be designed in a manner that obscures
parked vehicles. Decorative architectural elements on the ground floor
level shall be designed to accommodate the pedestrian scale. Parking
levels above the ground floor shall maintain the same vertical and
horizontal articulation or rhythm and incremental appearance
established on the ground floor.
4) Due to the requirements of a particular land use or structural needs,
parking garages or the garage portion of the building may request an
increase from the building frontage requirements (to a maximum of
100% for all floors) or a waiver from the setback requirements of
Section 4.4.9(F)(2)(c) and Section 4.4.13(F)(3) (for portions of the
building above twenty-five feet) subject to compliance with the
following requirements:
a) The garage or the garage portion of the building elevation
provides unified design elements with the main building through
the use of similar materials and color, vertical and horizontal
elements, and architectural style.
b) A minimum 50% of the ground floor perimeter of the garage or
the garage portion of the building adjacent to street right-of-ways
shall be devoted to window displays or floor area for active uses
such as retail stores, personal and business service establishments,
entertainment, offices, etc.... This number may be reduced by
the Site Plan Review and Appearance Board or the Historic
Preservation Board.
c) Architectural features shall be incorporated into the facade to
mitigate the building's mass and bulk and along portions of the
building adjacent to street right-of-ways.
(vü) In addition to the requirements of this Section, buildings within the
Pineapple Grove Main Street Neighborhood shall comply with the Design
Guidelines contained within the Pineapple Grove Main Street Neighborhood
Plan. The Pineapple Grove Design Review Committee shall review the
project for compliance with the Pineapple Grove Neighborhood Plan prior
to action by the Site Plan Review and Appearance Board and the Historical
Preservation Board.
66 ORD NO. 64-04
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(C) Exterior Space: The scale of exterior space is to be relative to its neighborhood, adjacent
properties, buildings, access (roads and pedestrian routes), and its activity. Building facades
enclosing a space must be harmonious. Where, because of their use or age, like facades are
not possible, consideration should be given to unifying the walls of the space by the
application of landscaping, or man-made objects of like design, at modular spacing. The floor
of a space is of primary importance. Its materials, texture, and color, contour, and shadow on
it are to be considered, not only in relation to the space, but to its setting. Careful
consideration shall be given to the preservation of natural vistas and to the future development
of vistas which open into undeveloped areas.
(D) Parking Lots and Vehicular Use Areas:
(1) Parking lots and other vehicular use areas are to be designed as an aesthetic asset to a
neighborhood and to the building, group of buildings, or facility they serve. A parking
lot is to be considered an outside, transitional space which is located between the access
(such as roads) and the building, group of buildings, or other outside spaces, which it
serves. The parking lot, because it is viewed from above as well as at eye level, should be
designed accordingly.
(2) Parking lots, vehicular use areas, and their parked vehicles are to be effectively screened
from the public view and from adjacent property in a manner that is attractive and
compatible with safety, the neighborhood, and facilities served.
(3) The atmosphere within the parking lot and vehicular use area is to be park-like, rather
than the harsh hardstand of paving. Trees are of primary importance in the landscape.
They are not to be minimized in either height or quantity. The tree imparts, especially in
a relatively flat area, a sense of three-dimensional space. It casts shadows that reduce the
monotony of the expanse of paving and creates a refuge from the tropical sun. Signs
designating entrances, exits, and regulations are to be of a tasteful design and subject to
I review by the Site Plan Review and Appearance Board or the Historic Preservation
Board. The pavement is to be more than wall-to-wall asphalt.
(4) It is recommended that pavement be varied in texture or color designating lanes for
automobile traffic, pedestrian walks, and parking spaces. Bright-colored pavement is to
be used only with restraint. In order to create a pleasant atmosphere, it is recommended
that consideration be given to sculpture, fountains, gardens, pools, and benches. Design
emphasis is to be given to the entrances and exits to the lot. Trash, refuse, and
unaesthetic storage and mechanical equipment should be screened from the parking lot.
(5) lighting is to be designed not only from the standpoint of safety and resistance to
vandalism, but for visual effect. It should avoid any annoyance to the neighbors from
brightness or glare. It should not impart a prison-like atmosphere. Low lights of a
67 ORD NO. 64-04
/
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modest scale can be used along with feature lighting emphasizing plants, trees, barriers,
entrances, and exits. The fixtures are to be selected not only for their functional value,
but for their aesthetic qualities. They are to be considered furniture of the parking lot
visible both day and night.
(E) Criteria for Board Action: The following criteria shall be considered, by the Site Plan Review
and Appearance Board or Historic Preservation Board, in the review of plans for building
permits.
If the following criteria are not met, the application shall be disapproved.
(1) The plan or the proposed structure is in conformity with good taste, good design, and in
general, contributes to the image of the City as a place of beauty, spaciousness, harmony,
taste, fitness, broad vistas, and high quality.
(2) The proposed structure, or project, is in its exterior design and appearance of quality
such as not to cause the nature of the local environment or evolving environment to
materially depreciate in appearance and value.
(3) The proposed structure, or project, is in harmony with the proposed developments in
the general area, with the Comprehensive Plan, and with the supplemental criteria which
may be set forth for the Board from time to time.
SECTION 11. SEVERABILITY: That should any section or provision of this ordinance or any
portion thereof, any paragraph, sentence, or word be declared by a curt of portion thereof, any
paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such
decision shall not affect the validity of the remainder hereof as a whole or part thereof other than
the part declared to be invalid.
SECTION 12. REPEAL OF LAWS IN CONFLICT: That all ordinances or parts of ordinances
in conflict herewith be, and the same are hereby repealed.
SECTION 13. INCLUSION IN THE LAND DEVELOPMENT REGULATIONS: The
provision of this ordinance shall become and be made a part of the Land Development Regulations
of Dekay Beach, Florida. The Sections of the ordinance may be renumbered or re-Iettered to
accomplish such, and the word "ordinance" may be changed to "section," "article," or any other
appropriate word.
SECTION 14. EFFECTIVE DATE: The provisions of this ordinance shall become effective
immediately upon the effective date of Ordinance 31-04.
68 ORD NO. 64-04
--- ----~ --------~--
--~---------------- ------- - -- ~----
PASSED AND ADOPTED in regular session on second and final reading on this the ~y of
~~.e.- ,2004.
JæZ~
ATTEST:
~.~ ~.~~
City Clerk
FirstReading \\.~\DL\
Second Reading \\\ \\.2. \~
69 ORD NO. 64-04
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGERff!1,
SUBJECT: AGENDA ITEM # 'oE- REGULAR MEETING OF NOVEMBER 16,2004
ORDINANCE NO. 64-04
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) Subsection 4.3.3(0)(1), Application; 4.3.40)(4), "Increases to
Height Regulations"; Subsection 4.3.4(K), "Development Standards Matrix", Section 4.4.9 "General Commercial
(GC) District"; Section 4.4.13, "Central Business District (CBD)"; Subsection 4.4.24(F), "Development Standards";
Section 4.5.6, "The West Atlantic Avenue Overlay District"; Subsection 4.6.4(A), "Commercial Zoning Adjacent to
Residential Zoning or Zoning Districts with a Thirty-five (35) Foot Height Limitation"; Subsection 4.6.9(E)(3), "In-
lieu Fee", and Subsection 4.6.18 "Architectural Elevations and Aesthetics" to incorporate regulations related to the
GC (General Commercial) portion of the West Atlantic Avenue Overlay District into the CBD (Central Business
District).
On March 19, 2002, the City Commission adopted the Downtown Dekay Beach Master Plan, to guide future
development of the downtown business districts. During the development of the Plan, three (3) neighborhoods and
districts were identified for the downtown area: The West Atlantic Neighborhood, The Central Core, and the Beach
District. The goal is to include these districts within one zoning classification, the CBD (Central Business District).
The Master Plan also called for the development and implementation of design guidelines for the downtown area.
The Design Guidelines were adopted by the City Commission on May 4, 2004.
The City began the process of adopting a Future Land Use Map (pLUM) amendment and rezoning of the West
Atlantic Neighborhood from GC to CBD. Originally, the intent was for the design guidelines to apply to a unified
CBD zoning district with three (3) distinctive sub-areas/districts, including the West Atlantic Neighborhood.
However, since the FLUM amendment and rezoning process would take approximately six (6) months, it was decided
to proceed with LDR amendments and incorporate the design guidelines into the GC district (West Atlantic Overlay
portion) until the adoption of the CBD rezoning and Commercial Core land use designation. This would ensure that
development within the six (6) month period would be consistent Wlth the new development standards/design
guidelines. Once the West Atlantic Neighborhood was rezoned to CBD, the regulations pertaining to that area would
be incorporated into the CBD regulations. Since the FLUM Amendment/Rezoning process is nearly completed, it is
now appropriate to amend the LDR accordingly.
The Planning and Zoning Board held a public hearing regarding this item. There was no public testimony regarding
the proposed changes. The Board voted 6-0 to recommend to the City Commission approval of the proposed text
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 1.1.6(A) (Amendments to the
Text) and 2.4.5(M) (Amendment to the Land Development Regulations).
At the first reading on November 2, 2004, the Commission passed Ordinance No.64-04.
Recommend approval of Ordinance No. 64-04 on second and final reading.
s:\c.ty Clerk\agenda mernos.Ord 6404 West Adanbc Overlay DlStnct Into CBD.ll 1604
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J CITY COMMISSION DOCUMENTATION I
TO: DAVI~'
THRU: PAUL ORLlNG, DIR CTOR PLANNING AND ZONING
FROM: RONALD HOGGARD,S 10 REDEVELOPMENT PLANNE~ ~~
SUBJECT:
MEETING OF NOVEMBER 2, 2004 **PUBLlC HEARING**
CITY INITIATED AMENDMENT TO THE LAND DEVELOPMENT
REGULATIONS TO INCORPORATE REGULATIONS RELATED TO
THE GC (GENERAL COMMERCIAL) PORTION OF THE WEST
ATLANTIC OVERLAY DISTRICT INTO THE CBD (CENTRAL
BUSINESS DISTRICT).
I BACKGROUND I ANALYSIS II
At its meeting of March 19, 2002, the City Commission adopted the Downtown Delray
Beach Master Plan, to guide future development of the downtown business districts.
The Plan characterizes the City's downtown as the commercial areas surrounding the
Atlantic Avenue corridor, between 1-95 and State Road A-1-A (Ocean Boulevard). The
Master Plan is the Citizens' vision for the growth and unification of Delray Beach. It
represents the ultimate growth and form of the community and the creation of a
recognizable and seamless center for our city. During the development of the Plan,
three neighborhoods and districts were identified for the downtown area: The West
Atlantic Neighborhood, The Central Core, and the Beach District. The goal is to include
these districts within one zoning classification - the CBD (Central Business District).
To preserve the unique characteristics of each area and ensure that building forms are
of a character and scale that reinforce the citizens' vision of a "City of urban amenities
with a small town feeling", the Master Plan also called for the development and
implementation of design guidelines for the downtown area. These guidelines,
developed by consultants Jaime Correa & Associates, the Design Guidelines
Subcommittee, community and industry stakeholders, and staff, were adopted by the
City Commission on May 4, 2004.
As the guidelines were being completed, the City also began the process of adopting a
Future Land Use Map amendment and rezoning of the West Atlantic Neighborhood
from GC to CBD, to be consistent with the zoning of the balance of the downtown area.
Originally, the intent was for the design guidelines to apply to a unified CBD zoning
district with three distinctive sub-areas/districts, including the West Atlantic
Neighborhood. However, since the FLUM amendment and rezoning process would take
approximately 6 months, it is decided to proceed with the LDR amendments and
incorporate the design guidelines into the GC district (West Atlantic Overlay portion)
until the adoption of the CBD rezoning and Commercial Core land use designation. This
would ensure that development within this six month period would be consistent with the
new development standards/design guidelines. It was understood that once the West
Atlantic Neighborhood was rezoned to CSD, the regulations pertaining to that area
would be incorporated into the CBD regulations. Since the FLUM Amendment/Rezoning
\OD
City Commission Documentation
LOR Amendment - Integration of West Atlantic Overlay Regulations into CBD
Page 2
process is nearly completed, it is now appropriate to amend the Land Development
Regulations accordingly.
Pursuant to LDR Section 2.4.5(M)(5), in addition to the provisions of LDR Section
1.1.6(A), the City Commission must make a finding that the text amendment is
consistent with and furthers the Goals, Objectives and Policies of the Comprehensive
Plan. The Comprehensive Plan has been reviewed and it was found that the
amendment is consistent with and furthers Future Land Use Element Policv C-4.2, in
that it implements recommendations called for in the Downtown Delray Beach Master
Plan.
I PLANNING AND ZONING BOARD CONSIDERATION I
At its meeting of October 18, 2004, the Planning and Zoning Board held a public
hearing in conjunction with the proposed text amendment. There was no public
testimony regarding the proposed changes. After deliberation, the Board recommended
approval of the proposed text amendment on a vote of 6-0 (Krall absent), by adopting
the findings of fact and law contained in the staff report, and finding that the request and
approval thereof is consistent with the Comprehensive Plan and meets criteria set forth
in Sections 1.1.6(A) and 2.4.5(M) of the Land Development Regulations.
~ RECOMMENDED ACTION ~
By motion, approve on first reading the ordinance amending Land Development
Regulations Sub-Subsection 4.3.3(0)(1), "Application"; Sub-Subsection 4.3.4(J)(4),
"Increases To Height Regulations"; Subsection 4.3.4(K), "Development Standards
Matrix"; Section 4.4.9, "General Commercial (GC) District; Section 4.4.13, "Central
Business (CBD) District"; Subsection 4.4.24(F), "Development Standards"; Section
4.5.6, "The West Atlantic Overlay District"; Subsection 4.6.4(A), "Commercial Zoning
Adjacent to Residential Zoning or Zoning Districts with a Thirty-five (35) Foot Height
Limitation"; Sub-Subsection 4.6.9(E)(3), "In-Lieu Fee" and Subsection 4.6.18,
"Architectural Elevations and Aesthetics"; 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 Sections 1.1.6(A) and 2.4.5(M) of
the Land Development Regulations, and set a public hearing date for second reading of
the Ordinance on November 16, 2004.
Attachments:
. Planning & Zoning Staff Report
. Proposed Ordinance
s:\planning & zonmg\boards\clty conuTIlsslOn\ldr design gmdelmes amendment to mcorporate west atlantnc overlay in cbd doc
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;'iiir! PLANNING AND ZONING BOARD AII-Amoricl City
MEMORAND,UM STAFF REPORT 'IIIJ,'
IlJq! I~'.. !
2001 20J1
MEETING OF: OCTOBER 18, 2004
AGENDA ITEM: IV.G. LAND DEVELOPMENT REGULATIONS TEXT AMENDMENT
IN ASSOCIATION WITH THE DOWNTOWN DEL RAY BEACH
DESIGN GUIDELINES
J IT E M¡';S EFCfR E"T HE BOARD I
The item before the Board is that of making a recommendation to the City Commission
regarding amendments to the Land Development Regulations relating to the Downtown Delray
Beach Design Guidelines, pursuant to LOR Section 2.4.5(M).
Pursuant to LOR Section 1.1.6(A), the text of the LOR may from time to time be amended,
changed, supplemented, or repealed. No such action, however, shall be taken until a
recommendation is obtained from the Planning and Zoning Board and until a public hearing
has been held by the City Commission. Any such change shall be made by ordinance,
pursuant to procedures found in LOR Section 2.4.5(M).
I ' <~ --~ BACKGROUND I
At its meeting of March 19, 2002, the City Commission adopted the Downtown Delray Beach
Master Plan, to guide future development of the downtown business districts. The Plan
characterizes the City's downtown as the commercial areas surrounding the Atlantic Avenue
corridor, between 1-95 and State Road A-1-A (Ocean Boulevard). The Master Plan is the
Citizens' vision for the growth and unification of Delray Beach. It represents the ultimate
growth and form of the community and the creation of a recognizable and seamless center for
our city. During the development of the Plan, three neighborhoods and districts were identified
for the downtown area: The West Atlantic Neighborhood, The Central Core, and the Beach
District. The goal is to include these districts within one zoning classification - the CBD
(Central Business District).
To preserve the unique characteristics of each area and ensure that building forms are of a
character and scale that reinforce the citizens' vision of a "City of urban amenities with a small
town feeling", the Master Plan also called for the development and implementation of design
guidelines for the downtown area. These guidelines, developed by consultants Jaime Correa &
Associates, the Design Guidelines Subcommittee, community and industry stakeholders, and
staff, were adopted by the City Commission on May 4, 2004.
As the guidelines were being completed, the City also began the process of adopting a Future
Land Use Map amendment and rezoning of the West Atlantic Neighborhood from GC to CBD,
to be consistent with the zoning on the balance of the downtown area. Originally, the intent
was for the design guidelines to apply to a unified CBD zoning district with three distinctive
sub-areas/districts, including the West Atlantic Neighborhood. However, since the FLUM
amendment and rezoning process would take approximately 6 months, it is decided to proceed
with the LOR amendments and incorporate the design guidelines into the GC district 0Nest
IV.G.
P&Z Board Memorandum Staff Report
Downtown Delray Beach Design Guidelines - LOR Text Amendment
Page 2
Atlantic Overlay portion) until the adoption of the CBD rezoning and Commercial Core land use
designation. This would ensure that development within this six month period would be
consistent with the new development standards/design guidelines. It was understood that once
the West Atlantic Neighborhood was rezoned to CBD, the regulations pertaining to that area
would be incorporated into the CBD regulations. Since the FLUM Amendment/Rezoning
process is nearly completed, it is now appropriate to amend the Land Development
Regulations accordingly.
REQUIRED FINDINGS
LDR Section 2.4.5(M)(5) (Findinas): Pursuant to LDR Section 2.4.5{M)(5) (Findings), in
addition to LDR Section 1.1.6{A), the City Commission must make a finding that the text
amendment is consistent with and furthers the Goals, Objectives and Policies of the
Comprehensive Plan.
A review of the goals, objectives and policies of the adopted Comprehensive Plan were
conducted and the following applicable policy is noted:
Future Land Use Element Policv C-4.2 The "Downtown Delray Beach Master Plan" was
adopted by the City Commission on March 19, 2002. Covering the downtown business districts
surrounding the Atlantic Avenue corridor between 1-95 and A-1-A, it represents the citizens'
vision for the growth and unification of Delray Beach, while still retaining the "village like,
community by-the-sea" character of the CBD. The Plan addresses a wide range of issues
including infill development, neighborhood parks, shared parking, public art, the roadway and
alleyway systems, marketing/economic development, and the need to modify the Land
Development Regulations to include design guidelines to retain the character .of Delray Beach.
Future development and redevelopment in this area shall be consistent with the Master Plan.
The above policy and adopted Downtown Delray Beach Master Plan characterize the City's
downtown as the commercial areas surrounding the Atlantic Avenue corridor, between 1-95
and State Road A-1-A (Ocean Boulevard). During the development of the Master Plan, three
districts were identified for the downtown area: the West Atlantic Neighborhood, the Central
Core, and the Beach District. The goal is to include these districts within one zoning
classification - the CBD (Central Business District). The adoption of the design guidelines and
the rezoning of the West Atlantic Neighborhood area to CBD are just a couple of the many
recommendations and strategies called for in the Plan to address its goal for unity, while
guiding the revitalization and redevelopment of the City's downtown.
Based upon the above, the proposed LOR amendments will further the Goals, Objectives, and
Policies of the Comprehensive Plan in accordance with LOR Section 2.4.5(M)(5).
I R E VI E W3B YO T"H'ER S I
Prior to adoption of the Design Guidelines in May, 2004, there was an extensive review and
comment period including joint workshops conducted with the following reviewing boards,
agencies and organizations:
Community Redevelopment Agency (CRA)
Downtown Development Authority (DDA)
P&Z Board Memorandum Staff Report
Downtown Delray Beach Design Guidelines - LDR Text Amendment
Page 3
Historic Preservation Board (HPB)
West Atlantic Avenue Redevelopment Coalition (WARC)
Site Plan Review and Appearance Board (SPRAB)
Planning and Zoning Board
The comments and recommendations made by these Boards were incorporated into the
Design Guidelines Ordinance prior to its adoption. The changes, currently under consideration,
involve moving language from one section of the code to another to accommodate inclusion of
the West Atlantic Neighborhood area into the CBD and to correct references to this area
elsewhere in the code. Although it was not considered necessary for these Boards to review
the current amendment again, the draft was submitted to the CRA, since its staff played a
major role in writing the original design guidelines.
Community Redevelopment Aaencv:
The CRA will consider the text amendments at its meeting of October 14, 2004. The Board's
recommendations will be presented at the meeting.
I AL TERNÃTIVEÃCTIONS I
A. Continue with direction.
B. Move a recommendation of approval to the City Commission for the amendment to the
land Development Regulations, as it relates to the Downtown Delray Beach Design
Guidelines, by adopting the findings of fact and law contained in the staff report, and
finding that the request and approval thereof is consistent with the Comprèhensive Plan
and meets criteria set forth in Sections 1.1.6(A) and 2.4.5(M) of the land Development
Regulations.
C. Move a recommendation of denial to the City Commission for the amendment to the
land Development Regulations, as it relates to the Downtown Delray Beach Design
Guidelines, by adopting the findings of fact and law contained in the staff report, and
finding that the request is inconsistent with the Comprehensive Plan and does not meet
criteria set forth in Sections 1.1.6(A) and 2.4.5(M) of the land Development
Regulations.
I R E COM MEN'-D ED ACT ION ,
Move a recommendation of approval to the City Commission for the amendment to the land
Development Regulations, as it relates to the Downtown Delray Beach Design Guidelines, by
adopting the findings of fact and law contained in the staff report, and finding that the request
and approval thereof is consistent with the Comprehensive Plan and meets criteria set forth in
Sections 1.1.6(A) and 2.4.5(M) of the land Development Regulations.
Attachments
. Proposed Ordinance
\\carolina\departments\planning & zoning\boards\p&z board\ldr downtown design guidelines integrate west
atlantic overlay.doc
ORDINANCE NO. 64-04
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF DELRA Y BEACH, FLORIDA, AMENDING THE
L\ND DEVELOPMENT REGULATIONS OF CODE OF
ORDINANCES, BY AMENDING SUB-SUBSECTION
4.3.3(0)(1 ), "APPLICATION"; SUB-SUBSECTION 4.3.40)(4),
"INCREASES TO HEIGHT REGULATIONS"; SUBSECTION
4.3.4(K), "DEVELOPMENT STANDARDS !viA TRIX";
SECTION 4.4.9, "GENERAL COMMERCL;\L (GC) DISTRICT;
SECTION 4.4.13, "CENTRAL BUSINESS (CBD) DISTRICT";
SUBSECTION 4.4.24(F), "DEVELOPMENT STANDARDS";
SECTION 4.5.6, "THE WEST ATLANTIC OVERLAY
DISTRICT"; SUBSECTION 4.6.4(A), "COMMERCIAL ZONING
ADJACENT TO RESIDENTIAL ZONING OR ZONING
DISTRICTS WITH A THIRTY -FIVE (35) FOOT HEIGHT
LIMITATION"; SUB-SUBSECTION 4.6.9(E)(3), "IN-LIEU FEE"
AND SUBSECTION 4.6.18, "ARCHITECTURAL ELEVATIONS
AND AESTHETICS"; PROVIDING A SAVING CL-\USE, A
GENERAL REPEALER CL;\ USE, AND AN EFFECTIVE
DATE.
WHEREAS, pursuant to LDR Section 1.1.6, the Planrung and Zorung Board reviewed the
proposed text amendment at a pubhc hearing held on October 18, 2004, and voted _ to _ to
recommend that the changes be approved; and
WHEREAS, pursuant to Honda Statute 163.3174(4)(c), the Planning and Zoning Board, sitting as
the Local Planrung Agency, has deternuned that the change is consistent with and furthers the goals,
objectives and pohcies of the Comprehensive Plan; and
WHEREAS, the adopted Downtown Dekay Beach Master Plan mandated that design guidelmes
for the downtown area be created to estabhsh land development regulations to ensure building
forms of a character and scale that reillforce the CitiZens' vision of a "City of urban amenities with a
small town feeling," create pedestrian friendly streets, promote areas of special character, and
preserve heritage ill the development process; and
WHEREAS, in order to tnltigate the mass/scale and uruform monolithic appearance of large
bwldings and ensure that the arclutectural composition of new development incorporate
architectural features that will provide visual interest, wlule allowing design fleXlbility, the City
Commission amended the Land Development Regulations on J\1ay 4, 2004 to illcorporate destgn
gwdelines for the three sub-areas of the downtown area (West Atlantic Neighborhood, Central Core
and Beach Area); and
WHEREAS, the zoning deslgnation for the West Atlantic Nelghborhood area has changed from
General Commerclal to CBD (Central Buslness Dlstnct).
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITI OF
DELRA Y BEACH, TlL-\ T:
SECTION 1. That Sectlon 4.3.3, "Speclal Reqrurements for Speclfic Uses," Subsection 4.3.3(0),
"Townhouses and Townhouse Type of Development," Sub-subsection 4.3.3(0)(1), "Applicatlon",
of the Land Development Regulations of the Code of Ordinances of the Clty of Delray Beach,
Flonda, be, and the same lS hereby amended to read as follows:
(1) Application: These speClal reqrurements apply to townhome or townhouse development and
to apartment complexes wmch are designed In the style of a townhome, except projects
located wltlun the Central Buslness Dlstnct, Cefie:ral COmmerCHH. W e3t ~\ tlllfitie Overffiy
Dl3ttict, and Central Business Distnct - Railroad Corndor, which shall comply with the
applicable d1strlct regulatlons.
.. .
SECTION 2. That Section 4.3.4 "Base District Development Standards," Subsection 4.3.40),
"Height,", Sub-subsection 4.3.40)(4), "Increases to Height Regulations", of the Land Development
Regulatlons of the Code of Orchnances of the Clty of Delray Beach, Flonda, be, and the same is
hereby amended to read as follows:
(4) Increases to Height Regulations:
(a) Prohibitions: There are no provisions wmch allow, nor lS the Board of Adjustment
empowered to grant, an lncrease of helght for any purpose In the folloWlng zone
d1strlctS:
Single Famijy (R-l) Dzstncts RPral Resldential (RR)
Agriculture (Ag) MobzJe Home (MH)
Low Density Residential (RL) lvledlum Density Resldentzal (RM)
Planned Residential Development (pRD) Residential Office (RO)
Neighborhood Commerczal (NC) Professlonal and Office Distnct (POD)
Conseroation District (CD) Open Space (OS)
2 ORD NO. 64-04
(b) Allowances: An increase, to a maxunum height of SlXty feet (60'), may be approved by
the City CommisslOn in any zone d1sttict not listed above when approved pursuant to
the proceSSlllg of a conditional use request and based upon a findmg of compl1ance Wlth
each of enumerated cntena l1sted below.
(1) That the structure is to be located in one of the followmg geographic areas:
(1) Area "A" - all property located east of Congress Avenue and west of 1-95.
(2) Area "B" - the property encompassed by the Delint DRI, with the exception
of that portion platted as "Waterford Village"; along with property located
west of S.W. 10th Avenue, south ofLlllton Boulevard, and east ofI-95.
(3) Area "c" - the property encompassed by the boundary of Linton Boulevard,
Wallace Drive, S.W. 10th Street, and 1-95.
(4) Area "D" - the properties located south of Adantic Avenue, north of S.W.
1st Street, west of S.W. 2nd Avenue, and east of S.\V 4th Avenue; and the
properties located north of Atlantic Avenue, south of N.W. 1st Street, west
ofN.W. 1st Avenue, and east ofN.W. 3rd Avenue.
(5) Area "E" - the property encompassed on the west by the F.E.C Railroad, on
the east by the Intracoastal Waterway, on the south by Allen Avenue
extended to said easterly and westerly boundanes, and on the north to the
northernmost boundary of the City.
(6) Area "F" - the property located between the one-way pait system of Federal
Highway (5th and 6th Avenues).
(7) Area "G" - the property on either side of Llllton Boulevard, extending 200
feet north and south of its ultimate nght-of-way, extending from 1-95 to
D1XÏe Highway.
(8) Area "H" - the area bounded by Linton Boulevard on the south, the F.E.C
Railroad on the east, the COmblllatlOn of Southridge Road and Swinton
Avenue on the north, and S.W. 4th Avenue on the west.
(9) Area "I" - all property within the Central Core portion of the CBD (Central
Busllless Distnct) em:cpt for property lying east of the Intraeo!l:3œl WateN.'ItJ.
(10) Area "]" - the property encompassed by Lllldell Boulevard on the north,
Federal Highway on the east, D1X1e Highway on the west, and the City lmuts
on the south.
3 ORD NO 64-04
---~
(ü) That the illcrease ill height ~1ll not provide for, nor accommodate, an illcrease in
the floor area (wulun the structure) beyond that wluch could be accommodated by
development which adheres to a heIght limitatIon of 48 feet, except for the
folloWillg sItuations:
(1) An illcrease ill illtensIty is allowed when the illcrease from 48 feet to 60 feet
is for the purpose of accommodatlng resIdential use on the top floor of the
structure; however, the increase in illtensity IS only for the added residentIal
use area;
(2) An illcrease ill intensity is allowed when there is a transfer of development
nghts pursuant to Section 4.6.20.
(ill) That the increase ill height is based on or will result in one, or more, of the
following:
(1) A demonstrable need that, ill order to accommodate the nature of a
partIcular use or a particular matter or type of construction, a greater than
normal space between floors or height of story IS necessary; or
(2) That 50% or greater of an area of the ground floor is devoted to parkm.g and
velucular traffic circulation; or
(3) That for each foot in height above 48 feet, an additional building setback of
two feet IS provIded from the building setback lines wluch would be
estabhshed for a 48-foot tall structure. The additional setback is requu:ed
from all setback lines (I.e., front, side, and rear) for the portion of the
bmlding that extends above 48 feet. In heu of this setback requu:ement,
bmlchngs in the CBD zone shall adhere to the setback requirements of that
disttlct.
.. .
SECTION 3. That SectIon 4.3.4, "Base DIstrict Development Standards," SubsectIon 4.3.4 (K),
"Development Standards :Matrix," of the Land Development RegulatIons of the Code of
Ordinances of the CIty of Delray Beach, Flonda, 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 zomng dtstrIct subject to descriptions,
interpretations, and exceptions as provided for elsewhere in Section 4.3.4.
4 ORD NO. 64-04
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5 ORD NO 64-04
SECTION 4. That Section 4.4.9, "General Commerc1al (GC) Distrlct," of the Land
Development Regulations of the Code of Ordmances of the Clty of Deltay Beach, Flor1da, be, and
the same 1S hereby amended to read as follows:
Section 4.4.9 General Commercial (GC) District:
(A) Purpose and Intent: The General Commercial (GC) Distrlct provides bas1c regulations
for small parcels wmch are best sUlted for general retall and office uses but which are not of
sufficient Slze to be des1gned in a planned sense. The GC des1gnanon is apphed to small parcels,
most of wmch are developed, where adherence to standard regulatlons is most appropnate. The GC
designation 1S to be apphed prunarily along artenal and collector streets. Uses may be conducted
singularly or m combmatlon "\V;.thm the same structure.
(B) Principal Uses and Structures Permitted: The following are allowed within the GC
District as perffiltted uses, e}(ccpt aß prohibited 111 the ~'c3t .:\.tlatltic }~veflue OyeflflT District by
SCCriOfl 4.4.9(C)(1)(a):
(1) General retail uses includmg, but not hrrnted to:
* Antiques, arts and crafts, automotlve parts, baked goods, books, carpet and floor
covermg, cheeses, beer, wme, hquor, confectioneries, cosmetics, meats, draperies
and slipcovers, medicmes and prescnptlons, electrical fixtures and supplies, fabrics,
fish, flowers and plants, fruits and vegetables, food, garden supplies, gifts,
glassware, hardware and paints, home furnislungs, 1ce cream, lawn care equipment,
leather goods, luggage, medical and surgical equipment, mUS1C and mus1cal
instruments, nauncal supplies, office furruture eqUlpment and supplies, pets and
pet supphes, photographic eqUlpment and supplies, sewmg supplies, sporting
goods, toys, wearmg apparel and accessones, apphances, b1cycles, business
maclunes, Jewelry.
(2) Busmess and Professional uses includmg, but not limited to:
* Interior decoratlng, med.1cal and dental clirucs, medical and dentallaboratones,
photographic stud.1os, prmtlng and pubhslung, professlOnal offices.
(3) Contractor's Offices, including but not hnuted to:
* Alt cond.1tlorung, general contractor, electrical, pamtlng, and plumbmg; however,
any outs1de storage of materials 1S prombited.
(4) Services and Facilines includmg, but not hmited to:
6 ORD NO. 64-04
* Auctions, barber and beauty shops and salons, caterers, dry cleaning hmited to on-
site processing for customer pIckup only, dry cleaning and laundry pIckup statlons,
fmancing e.g. banks and simùar instltutlons includmg drlVe-through facilitles,
laundromats lumted to self-servIce facilitles, pet grooming, restaurants including
drIve-m and drive-through, tailormg, tobaccorust, vocational schools limited to arts
and crafts, business, beauty, dancmg, dnvmg, gymnastlcs, photography, modeling,
and karate-Judo, small item repalt, and rental of sporting goods and equipment
(such as but not lumted to bIcycles, skates, boogie boards).
* Abused spouse residence Wlth forty (40) or fewer resIdents, galleries, broadcast
studios, butcher shops, cockta1l lounges, exerctse facilitles e.g. gyms and clubs,
indoor shootmg ranges, museums, librartes, newsstands, commercial or public
parking lots and parkmg garages, theaters excluding drive-ms.
(5) Dwelling umts in the same structure as commercial uses provIded that: commerClal
uses must be provIded on the ground floor; commercial uses on the ground floor must occupy no
less than 25% of the total structure excluding square footage devoted to vehtcular uses; resIdential
uses and non-resIdential uses are physically separated and have separate accessways; and the
residential densIty does not exceed 12 uruts per acre.
(6) Astrologists, clauvoyants, fortune tellers, palmists, phrenologists, psychtc readers,
sptntualtsts, numerologIsts and mental healers, subject to the locatlonal restrictlons of Section
4.4.9 (H)f§70)..
(7) Group Home, Type 1, pursuant to restrlctions set forth in Section 4.3.3(1).
(C) Accessory Uses and Structures Permitted: The following uses are allowed when a part
of, or accessory to, the principal use:
(1) Parking lots;
(2) Refuse and servIce areas;
(3) Provision of servIces and repair of Items incidental to the prmcIpal use;
(4) Storage of inventory eIther Wlthin the same structure as where the sale of goods occurs
or in a separate structure on the same parcel provided that such storage facilities are not shared or
leased independent of the pnmary commercIal use of the slte;
(5) Smgle family detached dwellmgs for residence by business owners, proprietors, or
employees.
7 ORD NO 64-04
(D) Conditional Uses and Structures Allowed: The following are allowed as conmtional
uses withm the GC DIstrIct, except as modified in the We3t .:\tl!lntfc }~ venue O~.'cftay Di3tflet by
ðeetlon 4.1.9(C)(1) and the North Federal HIghway Overlay DIstrIct by SectlOn 4.4.9(G)-ß7ill.
(1) Residentlal Licensed ServIce Providers, subject to restrlctions set forth in Section
4.3.3(D).
(2) Amusement game facilities limited to such uses as pinball, alt hockey, electronic
games, and other sitmlar com operated games when an attendant IS on duty.
(3) Wash estabhshments or facilitles for velucles.
(4) Child Care and Adult Day Care.
(5) Clubs and Lodges; socIal, fraternal, and recreational.
(6) Dnve-m Theaters.
(7) Flea :Markets, bazaars, merchandise marts, and similar retail uses.
(8) Funeral Homes.
(9) Gasoline Statlons or the mspens111g of gasoline directly 111tO velucles.
(10) Hotels and Motels.
(11) Free-standing multiple-fanuly housing subject to the requirements of the R1\f District
except for setback and heIght requirements which shall be pursuant to this Section.
(12) Recreatlonal establishments such as bowling alleys, gymnasiums, health spas, miniature
golf courses, skating r111ks.
(13) Sales and servIce of All Terrain Velucles and personal watercraft (waverunners, Jet
skls), WIth no outsIde chsplay, outsIde storage or outsIde servIce.
(14) Vehicle care limited to the changing of Oll and filters, and lubncation with no
mecharucal work or outsIde storage of velucles except as a part of a gasohne statlon.
(15) Veterinary Clirucs.
(16) Group Home, Type 2 and Community ResIdential Homes, pursuant to restrictlons set
forth in Section 4.3.3(1).
8 ORD NO 64-04
(E) Review and Approval Process:
(1) In estabhshed structures, uses shall be allowed therein upon apphcation to, and
approval by, the Chief Buildmg OffiClal for a certificate of occupancy.
(2) For any new development, plan approval must be granted by the Site Plan Rev1ew and
Appearance Board pursuant to Sections 2.4.5(F), (G), and (1).
(3) Conditional uses must be approved pursuant to the provisions of Section 2.4.5(E).
(1) ~\.ll applieatioa3 for eGffiffierÓal or multiple family re3identiaJ development, indudm~
slgas, v.'Ïthin the 'XTe3t }~tlafltic }.yeflUe OverlaJT Disttict '.,ill be forwarded to the \Ve3t ~\tlMltic
Reàe7elopment Coalition (W~\RC) and thc Commumtr Redevclopmcat ¡\.gcacy for comment.
(F) Development Standards: The development standards set forth in Section 4.3.4 shall
apply except as mochfied below:
(1) If there is no vemcular access available to the rear of any structure, a side setback of
ten feet (10') shall be prov1ded. For a side illterior lot, a ten foot (10') setback is required only on one
(1) side.
(2) 'West f~tlafttie f~YeaHe O'.'er1~· Distriet Deve:lapæeat Staadards: The follCYIvlflg
de-.-elopment stftndards apply to all propcrties zoned Ceneral Coffitnercial (cq \vÏthin thc West
.Atlantic }~vcnue 07erlay D1Strict a3 dcEmed Ïfl Sectiofl 1.5.6(B). Tfti3 sub arca, Imown a3 the West
}~tlafltic Neigfiboffiood (W}J,'J) pro·..idc3 for de7elopmeflt that 1S COflS1stCflt v;,"ith the adoptcd We3t
}~tlafltic ¡\''''..entlc RedenJopmcflt Pla-fl and the Do\vnto',vfl Ddra-r Beach Master Plafl. Thc emphasis
1S 011 the presenTation and e11haflcemeflt of eJriGtiflg ne1ghborhoods, whtle promotin~ a pede3trian
fneaElly commcrCial area aloflg .:\.tlaatit: }~Yenue that contftÍfls a 1'I'}Ð( of rc:3Ídefltia-l, cmnmerc1al and
t:ivie fuaetiofi3. BU31nc3sc3 that arc otfented tey,,¡,ard 3en-mg thc loealneigftborhood, as opposed to a
rcgtßaal area, arc cncouraged. }~ll pareeb w"'Îtftm the boundaries of the 'XT¡\N are 5ho'ò\,'fllfl Figurc
1.4.9 1.
(Thzs space zntentzonalfy left blank)
9 ORD NO. 64-04
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10 ORD NO 64-04
(a) Height: Pareels that ha-ve frontage along ..:\tlantie Aveflue, l'JW 5!'1> Ayenue, ar SW 5!'1>
Avenue ßaaY. ha·ye a front sctbaek of fiye f-cet (5') from the ultllRaff: right of wa-y line.
Thc fwnt setbadr arca shaM be pit7cd ·.-;,'ith pityer block3 to mateh thc oasting
ßIdc.vaY.rs wIth±n the }..dantie ./'~ veflUC rIght of way.
(1) Overall Height of buildiflgß ßhaY. he a ~um. of tv\,Tenty fiye f-cct (25')
and a maJtlffiUffi of forty cIght feet (48') ill hCIght. Exceptiofi3 to the height
1±m1tatiofi3 shaY. eompl)"ì.vfth Seetion 4.3.'10)(3) and (4).
(11) ~\:reade Height shall he a ff!:1fiÏm:um ten feet (10'), m.eaßured from fit:1tßhed
areade floor to f1ru3hcd an:ade ce1±ing.
(Hi) Floør Height shaM he a mirnmum of ten feet (10') for ground floors filld a
tnI:fl:Í:ffiuff of nine feet (9') far aY. other floofS. ...:\Y. hcight3 ßhitY. be mea('lUred
from. firußhed floor to f1:nisRcd eeiling. ;'~mukary and ßef\-1.ce rooms, ßueh as,
garagcs, restrooms, eloset3, laUfldry rooms, drcssmg roomß, storage
rooms, meehanieitl, eleetneal, and plumbing equipment reemß are elrempted
from. the flear heIght regu±ations.
N . HEIGHT
REGU IONS 48FT
DON
APPLY TO f
AUXILIARY
AND SERVICE
ROOMS
~
~ -
9 FT MIN
'i 10 FT
I, MIN
I I
J: ~
Figttre ~.~.9 :2 Baildiag Height R-elJ'airemeats
(b) The minimum open space requirement is ten percent (10%) ef the site area. ./'~Y.
landscape reqllirements far pM:k11lg lots and buffering of resIdential pwperties,
pursuant t.o Scetlon 4.6.1 and 4.6.16, sRaY itpplj·.
11 ORD NO. 64-04
(e) Buildiag Floatage aad F,eat 8edJaelm:
. . ~ rtion of the lot ab\itMg the
(i) The bu±lding fronttlge for ftfl 1fltenor lot 13 c po
strcet ffi1flm the l'cqu±red sidc sctbae!is.
~~ .
, strect s1de of a corner lot 1S the pornon
(if) The building frontage for thc pritR!l1'J thc required side setbacks.
of thc lot Wlitttflg thc pritRltt}' street fi"1fi'ffiS
à r street side of a comer lot is the
(m) The bOOding frontage for the sew~ a: tt t m1:flliS the reqooed front and
f thc lot abutting the sewn af) :3 ee
porhon 0
rear setbacks.
......
.~ ". ..
.
~ ..
.. 0
D::
~
-
., -
- R~
ROW
Fi~re U.9 J BHiIding Frefttllge
d may vat'l" from. floor to
à ffi percentagcs an J
(iv) BOOdmg froflta:ge 1S e:rpresse
fleer.
- ltne or 1f a deœeanon i3
(7) Front ~t;adŒ ~:a~3~~i;:0:~; ~: !¿:;~:1eati~n.
reqU11:e , rom
f; ro crtics fronting on ~'\tlantic ~^~ vcnue
(yi) Buildtag frontage !lfld setbaeli3 or 13 13
shaY wmply with Table 4.4. 9 1.
. din s fronting oa ..:\tlanne /'~YeflUe shaR be
(vif) Thc froflt setback area fo~ buil g h thc CJU3tffig sldewaYis within the
paycd With p~--:ng matctials to mate
^ tlantH: }~ ,Tefl-lie nght of "\~'!l}.
..L..L
. .\ . /' ';enue side street frofltagc, the fust stJEfy' ~et
(yiti) For comer lots. ~ì ~...tlaflti~ ~ the ..:\tlafltic ..\venue property hnc, or 1£ a
(60') of thc building, taken rom
ORD NO. 64-04
12
dcæeation i3 required, from. thc result:iag property line after dcdteatioa, 3fta-ll
earnpl:; '.r.T~th T ahle 1.1. 9 1.
(ix) Boodtng fronta-ge and setBaelm for properties frOfrOOg on streets other diM!.
J\dantic ..:\veaue shall eomply ~'Íth Table 1.1.9 2.
TAnl.~ 1.1.9 t 'WEST .~.'fLANTIC NEICHIIORHOOD
nuiltltt~- \\-if It "\t't"f(~t't~ IkttHhll~ tflt~1I1 Ahotltlrd
¥fot>tK~·I" .,. :;..~,,;,.,:. I-_hl",.' 1.·4, 4H:;";'
1((ttttl""'IIr .ultlkHtt~
f-----.---- ~itttWitl~ . ---¡- Swkt.;k-
I ~, (keft ·:......u..iMitttc I !oIt'#tttt·...
¥ttHtftttCt"' t4t.-t.-f) i~. '¡;fttftftt~ I ..r~"'\:;~
filM"! IHit*} I ttllit~
"'0%/90% Q? "'0%/90°(0 ~
West f.:t:.J.ftatie Fffi1s1u:d graàe W-
.A~";eß1:Ie ~ Reffi~ leagth ~ ReffilMnH1g leflgtfl 17'fflifi/
22' ffilE[
30~( ffia][ ~ 50% ffi!l][ ~
37'to 18' ReffiltttHflg leflgtfl ~ R~ffi~ leflgtfl ~
(Thzs space intentionallY left blank)
13 ORD NO. 64-04
TAU}.": 1.1.9 2 ~·¡¿ST ATLANTIC 'NElCHnORHOOD
1 ~. .\I_I-#ttilditt~~" ;...¡.......,.: ~ "-.--
~;.-IMttkli"f(""&· ftttH"tt~"( Iniftrm~ ~dt
-R htl~_" Httikltll~~kt-tr-.t i ~
700/õ/900/0 ~
F1111shed gi'aàe t8 25' w.-
R-eft'!.!t1:11tflg lea.gth l"7'H1:Ifi/
22' ft'!.il'Ji
Other Right af 50~/" ft'!.ax ~
weys- 25' ta r' Reft'!.lIinffig leHgtft ~
50~(' ft'!.itX ~
37' te 48' Reft'!.alflffig leRgth ~
70%/90% ~
Fmisheà gt'ftàe ta 25' W-
NW BRd SW StÀ Reft'!.RÎniflg leHgth 17' ffl:Ifi /
AveRHes ~
"70% ft'!.itX ~
25' te 37' R-eft'!.~ leH~ ~
50°/" ft'!.aJi ~
37' ta 48' Reft'!.!Iifltßg leB.gth 4-¥-fH!ft
Nates ta TBhles 4.1.9 1 BRd 4.4.921
(1) Lets 8f reeorà with a 'Mà1l1 less thaR itft} feet (59') shaR ÈJe e.Left'!.pteel fraft'!. the l:nHlàiag frestage
reqæ:œffieB.ts flrevideà il ft'lifliffit:1fti it, e (5) te ft'!.il'Jr±ft'I.1:Jffi teR feet (10') seteilek ÈJe flw'i'tded for 1l1e
portioB of the ÈJælàæg freft'!. finisfieel graEle to FJi ea.t)' {R-e feet (25') Ifi heIght aRd a ffitflIDU1ffl
se-.'eateeB foot (1 "7') se1'Baek IS pro-;ieleel aÈJa", e a he~t of tv. eRty it. e feet (25').
(2) The ttf'plieilBle ele-. elapft'!.est regtHilt1eRS far II:rCiiàes. .\rŒàes sluMl fia,'e a ffiifUfRl:UR Vi.'iEl1ll of tv.'elve
feet (12'), illeh:lstve of EClftuftRS ar pilasters Mf3 te a ft'!.a]aæ1:Jffi ..-iEltfl. af F'.. e feet (2')
(3) B l:I:Ilàtfl.g freRtage reEIl:Hreft'!.eRts far pll:rktBg gtlrages ft'!.!tJ- Be lfiereased to a ffiaJr±ft'I.æH of 100% for ilR
Rears BY 1l1e S~e VlaR Re,-ie¡r.· lI:flel }4'1j3earasEe I!ailrd ar t-he Hlstoåe Vreseryal'1ss Bailni stffijeet to
EClffiflHaREe with SeeMs 1 6 18(.B)(14)(vi)4), Varmg Carages
( 4) The bwlàffig setbaek for flartiess af flarking garages aBe-.-e F'."eB.t}. it. e feet (25') ft'!.a]" be witWed by
the Stte Vlilfl Re'\'!ew aad .\.ppeIlIiæee BeilrEl er the Histal'1e Vreservilt1eS Baard seèJeet ta eefflpHilftee
with Seetiofl 1 6.18(.B)(14)(Vi) 1), Varlang Carilges, aflà il flHfMffiæH it..e (5) to ffiilJaffitHR tefl foot (10')
setBaeli far 1l1e pertioR ef the ÈJælàtBg fraft'!. fi.îfsfled gi'ade to R\ est)" it. e f€et (25') 1fI. heJght.
(5) For sites With æulttple bwldtRgs, 1l1e BtHlètag lffifReæatdy Il:ÈJl:1ttifl.g 1l1e reaà.;ay(s) shM!. eeæply ',\'tÙI.
the btHldiag frofttage aHd set-Badrs ill Tll:ÈJle 1 4.9 laRd 1. 49 2.
(6) BtHldtRg f.l.aarG shaR Be setBaek Ifi 1B.ereffieBts ef t,velve feet (12') to ere ate a . ertu:al stepp eel Ðae:k
!tflj3 earaflEe
(7) BH:i!àæg aflà site elesiga. sHaR iø.eOfporate Cnme Vre-..eflaoR Threttgh EWRraflffiefltal Deslg'fl
(CVTED) staRàilrds to the greatest eJiteflt possible.
14 ORD NO. 64-04
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Figure U.9 ~ Buildiag Fraatsges sad SetÐselæ far ~'est ."",dsatie A",'eaøe
15 ORD NO. 64-04
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FigHre 1.1.9 .5 Bøilt!iRg Fremages aRt! SetbadiS fer NW jSW ;110 I'AVERHes
16 ORD NO 64-04
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Figure 1.1.9 (j BuilEling FraBtages aREl SethaelΠfar Other RsaEl-ways
17 ORD i'\O. 64-04
(d) Side Street Baildiqg Floatage aad Setbaeks
(1) Side ßtteet setbadrs ßluR be takefl from the property ooe, or If a deœ.catiofl IS
requ±rcd, from the resulting property 1ffi.e after deœ.catlofl.
(if) Side street bui:ld:tag frofltage and setbadrs shaH eomply v,'!th the
applicable roa&,va"y re~emeatG 1fl Tables 1. 4.9 1 and 4. 4 .9 2.
(1.11) For caraer lotß ffonti:ng OB ':'...tlantfc }~Yeft1:1e, þ-JW 5~ .:\venuc, or SW 5th
...'\~veflue, the ßame deyelopmeflt standards that apply Ofl .:\~tlantlc }~veaue,
þ-~W 5~ ¡\vcnue, ar SW 5~ .:\yenue sRa:-H apply to the first sixty feet (60'),
takcn from the }~dantlc ...'\YCflUe, NW' 5~ ..:\vcnue, or SW 5~ }~venue pf"Opefty
line, ar If a dcœ.catfOfl iß requ±red, from the resuJtm~ property lme aft'Cr
dedicatlofl.
SAME DEVELOPMENT /
STANDARDS SHALL APPLY
TO THE FIRST 60 FT.
:i /
ó
c:::
~
«
D
z
0
()
uJ
en
PRIMARY ROW.
Figare 1.4.9 7 Carser lats with :\tlastie f~vesHe ar NW/SW Sf!> :\vesHe Fraøtagt:
(c) Rear SethaeliB fat aH l:n.H:lclffig £loMß shaH bc a mi:n:imum of tea feet (10') fwm thc
property hae.
(f) Stmetares -,\lIo~.,Tled Withia Setbael[
(1) Balcoaies maT cflctoaCfl. a maXfffiUfl:1 of four feet (4') illto the setbacks.
18 ORD NO. 64-04
(ii) Loggias aßd Trellises above the ground floor ffiaT encroach Íflto the
3etbad(s prondcd they do flOt em::eed the req-rnred setbad( of the portion of
the floot" d:1:reetly below it.
(Ì:1:1) Roof Bayes m.ar eacroach J:flto the setbael( a ffiaXfffil.lffi of foUf feet (4').
¥ ROOF EAVES MAX 4 FT
BALCONIES 4 FT MAX
,/
-"-
PROPERTY LINE
3i
Figure U.9 8 Efter8Selufteftts
(~2) North Federal Highway Area: The following development standard shall apply to
parcels wluch have frontage on North Federal Highway or the North Federal H1ghway
one-way paus (N.E. 5th Avenue and N.E. 6th Avenue) between N.E. 4th Street and the
north City lirruts.
(a) Parcels shall have a minimum front buùchng setback of five feet (5') measured
from the ultlmate right-of-way line. The maX11num setback shall be fifteen feet
(15'), unless it can be demonstrated to the Site Plan Review and Appearance Board
that it is not feasible to comply with tlus standard.
(G) Supplemental District Regulations: In addttlon to the supplemental distnct regulations
set forth in Artlcle 4.6, the followmg supplemental district regulations shall apply in the GC District.
(1) West ~A...t1aßtie ~A~Yeßtle O...·eday Distriet Stif'plemeatal Distriet Regulatioßs: Thc
foRmV'Æg supplefficntal Œsttict .regulations apply Ífl the Wcst ..:\tlaatie ":\:Yeflue Overlay District as
defitied in Section 4.5.6(B):
19 ORD NO 64-04
(g) If it i::i impo::i::iible 01' illappropnate to prO'i'fde requtred padung on site 01' off site,
the ill lieu fee OptiOfl pmnded ill Section 4.6.9(E)(3) may be applied.
(11) There is no restriction OR rcpitÏ:r afld/o1" reconstfuctlofl of aoa eonfaffnlflg siflglc
fam±lJ residencesloeated a mirnnrum. of 150 feet from .L\tlafltle ":\7efiue.
(i) Parlring area::i and aecessways to pMlåflg lot::i must be loeated to the rear of
cOffiffiere1al stfuct:u:res that have froatage Ofl ¡\dantie ¡\7CftUe. Where loeating
parlÙfl.g to the rear of the 5tfucture i5 impos51ble 01" Ì1'1app1"opnate, the Site PIMl
Renew aad ¡\ppeMaaee Board may apl"rove afl altemate location.
0) Free stanàÌflg 01" mixed U5e resldeatial dc".'elopmeflt ul" to rn.'elve (12) 1:M3.1t3 per
acre is a penmtted H::ie. Defl5ity m~ exeeed Rvelve (12) l:li'I.it::i per aei'e, \1:f' to a
maJr1ffiUffi of thtrt:y (30) an-its per acre, as a coadu.1:oaal use. DeflSl1'y may meeed 12
units per acre oaly after the approv~ body malœ::i a fmàÌflg that the project has
sub::itafltlally complied with the perfot'ffiaaee ::itaadards H::ited belcYI', the WC5t
¡\dantic ,,\vefme Rede7elopment Plafl, rettMffed fmdta.gs of Seetion 2. 4 .5(£1, aad
applicable ::itandards of the C offil"rehcnsin: Plan aad Land D c-.'el0l"ment
Regulations . NOt"<'.-ithstaaà:ffig these proYi51OnS, the apprm1ng body- may dCflJ an
application for increased density ,,,here it 1S deterffiÎfled that the pr0l"O::icd project
i::i not compatrble Ì1'1 tet'ffi3 of b1.1:1idtag mass afld mteasity of U5e "W'ttft sUffOunàÌflg
development. It is aelrnowledged that it may not be p05sible far proJeet5 wh1eh
in'.'oke the modifieatlon of CrfS£1ng 5truetures to comply Vl.1.th matt)" of the
::itafldards. For those types of pro ect::i, the ultim.ate density show.d be based ltf'on
compliancc With those standards v.1ueh eafl be reawRably aHailled, as well as the
projeet's ability to fmther thc goal of re';ftRlizing the Redevelopment ¡\rea.
The fallm.ing performanec stafldards shaR apply to all applications fOf flew
development and modJ.fieation of eX1Stiflg deyelopmeflts ,vmefi -.vow.d resw.t II a
density gi'eater thafl rn.'eln (12) œ.velltng umts per acre:
(1) Tfie developmeflt offer::i "Miation Ì1'1 des~ to add Ì1'1terest to the elevatiofls
and rclief from the h1.1:1idiflg mass. BuilàÌflg elevations inc01:porate se'\'cral of
the following elemeflts: diyersity in ,,\~dcw.- and door shapc3 and 10catiofl:3;
fcatures ::iuch as balconies, arches, porefie::i; aRd des1gfl elemeflts 5ueR a::i
shutters, '~;mdow mullions, Elt:lOillS, decorati'.-c tiles, 01' 5iœ:t:lar di::i~Ui3hiflg
features.
(2) If the butlàÌflg ineludes a parlaflg garage a5 an a:moeiated stTueture or ,,~
the pnncipal builàffi.g, the garage elentioR pro\1.des uaified de::iÌ:gfl elemEflts
"';,'uh the mall buildiflg througfi the me of similar brnldtag materials and
color, 7ertieal Mld horizoatal elements, and arcmteeturaJ style. Development
21 ORD NO. 64-04
of R pOfnoa of 1:fle gfoafld floor peamcter adjaccat to stfeet å~t3 of ·.vay i3
deyoted to ';;illdow displltp or floor Mea for aetive mes sueh as retail stores,
persoaal aad buslfless service establishmeats, ea1:ertalßffieat, offiees, ete., is
cncouraged.
(3) ~\ nUfflfler of diffen:at uftÌt types, sizes aad floor plans lire avMlablc ..,,~
the dn~elopmeat. Tv,'o aad three bedroom urnts lire eaeom:aged, ftS are a
cofflflilla:tiOn of multi level units aad flats. Ia projects eGflsi3tfa.g of æOfC
thaa 1:JiTlve (12) dwelling urntß, the proportioa of effieicaey Of studio type
umts maT not exeeed 25% of the tot8:'1 uftÍts. There 13 ao malåmum
perceatage establ1shed for proJeets fiW"i'fflg t;,"'elve (12) or fe'Ner tlfltt3,
hmveyer, a m,ÐI of Uflit types ftad Sizes is encouraged.
(1) Tfie projeet dcs~ shaY create aa overaY uftÍfied ftrehiteetural character and
unage by the l:1se of commoa eleæeflts betweea the In.1±làffig(s), parlång let,
and laadseapmg. E~[amples of soæe features that could be incorporated to
meet tms staadard are: frccstliaàffig Hght poles and el[tefÌor 1tght f1:1£tufes tliftt
arc deeorliti','e aad eoasisteat ';;:Íth the an:flttectural tfeatmeat of the
buùd1-ng(s); pedcstriaa ameflities such as bellches, shaded y\"sRrwa-ys, afld
decoraty,'c plt';eæent tfeatffi:ent, that are s1ffi.flar in foræs, colors, ællteflftls, or
deta1ls as the Rrehitecture of the butldmg(s); foca:l pOlfltS sueh as public Mt,
',...ater feature/ fDl:1atlilll, courtyard Of public pla~as desigflcd to eOflflect
different uses aloag a contffluous pedestfian WftYFW~ftY; or a combffilitioa of
s11nÏlar features that æeet the mteat of th1s staadard.
(5) The de7elopæeat prw;ides commoa areas aad/ or ameftÍties f"Ür residents
sueh as Sì.'~g 130013, exercise rooæs, stofage rooms or lockers, covered
parlUflg, gardeas, eourtyards, or sÏ1nilar areas a1ld/ or liæeflities.
(6) The developæeRt promotes pedestililn æoyemeat3 by proviclffig eOftì.~enicflt
aecess froæ the residcRtial Uflits to the publie sidewalk spteæ. P edestfiftfl
areas adjaceat to the baildmg are eafiaaœd by pro';iàffig additioflal sidewaY.
area at the same level as the 8:'lmttfflg pubhe slde',r,;aYc .:'.ecesswftp to plirking
areas are des~ed 111 a maRner that mimmizes conflicts between veftides aad
pedestf:Íafls. The pubhc street or streets lfiURediately adjaee1lt to the
deyelopæeat are eRhallced in a æanaer that is coaslsteftt ',vith the stfeetscape
Oft ~Test ~\tlltftt1e ¡\';cnue.
(7) The deyelopment proyides opportuftÍties to share parlung, aeccss~;ays,
driì.Ty;ftyS, etc., '",'ith adJo111:1i:1g propcrties, or pfmides additiOflal parl~
spaces that æaT bc med by the public.
22 ORD NO. 64-04
(8) For bui-ldiflgs fronting on. West }~dan.tic }..yeaue, tJ'X' 5à> }~veflue, or SW 5à>
..\venue, at least fifty percent (50%) of the surface area of the from SHeet
waJl(s) at the ground floor of each such b1.11ddillg is dc.-oted to Œsplay
wmdo-;.-s an.d to entrances to commercial uscs from oU1mde the bui-ldiflg.
(9) The lan.dseapc plan. f-or the developm.eHt presef\-cs aad ineorporates eJåstiflg
naty.-e yegetatiofl (where avatlable), proyides aew lafldscapmg that is 111
excess of ffittHffiUm. standards 111 height aad é}tHt11tity) , demoflstrates
inno-.-anye use of plaat m.aterial, i:tflproves sIte design, prO'ndcs meablc open.
space or public plazas, aad m.aXi11'iÏzcs aV&Hable areas foJ' peàcstfÌftfI.
mteraction. If aeeesslt!)- to aerneve thi3 staadard, tfte project m.æy cJrceed the
ffiaJåmum setßaek M'ca on. the grmmd floor.
(~1) North Federal Highway Overlay District: The following supplemental district
regulatlons apply to the North Federal Highway Overlay District, as defined in Section
4.5.7.
(a) In adc:htlon to the uses hsted in 4.4.9(D), the following light mdustnal uses are
allowed as conc:htional uses:
(1) Fabncation and/or assembly of manufactured materials or parts for
c:hstrIbution or sale, such as sheet metal, sign shops, glass shops, electrorucs,
cabmet and furruture making.
(2) The wholesaling, storage and distribUtlon of products and materials;
(3) Self semce storage facilities that comply with subsection (c) below.
(b) All uses hsted under subsection (a) above must:
(1) Operate m conjunction wIth a permltted service or retall use that IS located
on the premises;
(2) Mamtam a commercial facade along North Federal Highway, with the light
mdustrIal aspect of the business oriented toward DlXle Highway;
(3) Operate within an enclosed building, with no outsIde storage;
(4) Orient overhead doors away from adjacent rights-of-way, except where
existing, or where the approvmg body determines that it IS not feasible to
comply; and,
23 ORD NO. 64-04
(5) Along the property hne adjacent to Dooe Highway, provlde a landscape
buffer consisting of a 4' high hedge, and trees planted 25 feet on center to
form a sohd tree line.
(c) In addition to subsection (b) above, any self servlce storage facility shall comply
with the followmg. The following regulations supersede Section 4.3.3(A).
(1) Lot Area: The nunimum lot area lS 1.5 acres and the maximum lot area is 3
acres.
(2) Facilities and Requirements:
(a) Outdoor bay type access to inchvldual self-storage umts that face a street
lS prohibited. The exterior loading access points shall be deslgned in
such a way to 1I11111mize slght hnes from adjacent roads.
(b) No buildmg shall exceed forty-eight feet (48') in height.
(c) Parking shall be provided at the rates set forth m Section 4.6.9 for the
perffiltted service, office and retaù uses and for self-storage uses, parking
shall be at a rate of one (1) parkmg space per 100 storage units or
portion thereof, mcluding: (a) a nunIDlum of three (3) loading spaces for
the self-service storage facility that must be stnped and signed to lim1t
the tlme for loading and unloading to one (1) hour; and in addition (b)
three and one-half (3.5) spaces for each 1,000 square feet of accessory
office use assoclated with the self-storage use. Notwlthstanding the
above, a mirumum of five (5) parking spaces other than loading spaces
shall be provlded in connection wlth the self-storage use.
(d) At least 2,500 square feet of ground floor area shall be devoted to at
least one adchtional pnnclpal retail or service use without limiting the
foregomg. The additional pnnclpal uses may be eating and dnnkmg
estabhshments, retaù or personal servlce.
(3) Limitation of Uses:
(a) Activities not related to the rental or lease of self-storage units shall not
be conducted wlthm the self servlce storage facility area, unless
speClfically permitted through the conditional use process.
(b) Except as otherwlse provlded m subsection (c), no business or activity
other than self storage shall be conducted from any self-storage unit m
24 ORD NO. 64-04
the facility. Examples of prohibited uses include, but are not limited to
the following: the servicing, repa:u: and/or restoration of automobtles,
boats, recreatlonal veh1cles, lawnmowers and the hke; movmg and self-
storage comparues; cabmet making and wood workmg (whether
personal or professional); personal hobbles and arts and crafts; and any
other actlvity unless speclfically permitted through the conditional use
process.
(c) Except as otherwise provided in this subsection (c), there shall be no
electrlcal power provlded to, or accessible from any inchvidual self-
storage units. This mcludes the provislon of lighting fixtures to the
mtenor of a self-storage unit, unless specifically addressed m the
conditional use approval. The use of portable generators lS also
prohibited.
(d) The use or storage of any hazardous materlals is prohibited.
(e) the terms and conchtlOns of tlus sectlon shall be clearly expressed m all
self-storage rental or leasing contracts, as well as conspicuously chsplayed
m plain vlew on a sign no smaller than one foot (1') by two feet (2') in
the leasmg office at the facility.
(4) On-Site Manager: An on-slte manager shall be employed at the facility
durmg all hours of operation.
(5) Hours of Operation: Customers of the self service storage facility may not
access inchvidual self-storage units before 5:00 a.m. or any later than 9:00
p.m. Hours of operatlon may be further restrlcted when it lS deemed that
morrung and everung traffic mto and out of the facility may negatively impact
the character of an adjacent resldentlal area. In no c:u:cumstance shall
customers of any self servlce storage facility have 24 hour access to their self-
storage unites).
(6) Landscape Requirements: In addition to all applicable landscape
reqUltements and other speclal provlsions pursuant to the individual zone
chstrict, a rmrumum ten foot (10') landscape buffer shall be reqUlted adjacent
to Federal Highway and DL'Ue Hlghway and a mmimum five foot (5')
landscape buffer shall be reqUlted along all property lines that do not abut a
roadway.
(7) Outdoor Storage of vehicles, Boats & Truck Rental: Outdoor storage of
boats and veh1cles and truck rentalls prohibited.
25 ORD NO. 64-04
(8) Architecture: All self servIce storage facility buildings must comply with the
following architectural standards.
(a) Butldtng facades VlsIble from the pubhc right-of-way shall have the
appearance of a servIce and/or retail butldtng through the use of doors,
wmdows, awrungs, and other appropnate building elements.
(b) Extenor butldtng material shall be stucco or a sinular material.
(c) Buildings that can accommodate two or more stones shall be designed
where facmg a street to have the appearance of a multl-story building
through the use of windows, doors, awnings, canopies or other
appropriate building elements.
(d) Buildtng facades facing a public right-of-way must have a 15% mirumum
transparency consIsting of wmdows that provIde visibility from the
pubhc nght-of-way from the mterior.
(e) Detailed buildtng elevations shall be submitted prior to the Conditional
Use public hearmg.
(9) Location: A self service storage facility shall not be located within a rachus
of 1,000 feet of another existlng self service storage facility.
H) Special Regulations:
(1) The first ten feet of the front yard setback which IS adjacent to a right-of-way shall be
a landscaped area, except withm the West .,\tlantic }~ '"enue Overla-y District as defmcd Ìf1 SectiOfl
4.5.6(B) and wIthin the North Federal HIghway Area as defmed m 4.4.9(F)~ill, which IS subject to
the specIal landscape setbacks of Section 4.3.4(H)(b). Withm the reqUlted front landscape area, no
paving shall be allowed except for dnveways and walkways which shall be generally perpendicular to
the property ltne. [173.474(E)].
(2) In. stmcturcs located m the ~Test .:\tlaRtic A, eRue Overla-T DIstrict as dcÍÏfled Ìf1
Section 4.5.6(B) that Rave an. entunce fraft!. and/or w1:8.doT?,Ts facmg .:\~tlaatie }~ veRue, the sale of
:.'!ecoad Ran.d ft!.aterial, cxccpt venfiable antiques aad/ or eoYectlbles (coins, :.'!talfli":.'!, sports
ft!.Cffiora-bi:11a, etc.) I:.'! prahHJ1ted.
(3) In structure:.'! located 1ft the West .;\tlftfltie .;\yen.ue Overla-T D1ßtrict as dctffied m
Seetion 4.5.6(B) that ha-ve an en.ttilnce fraft!. and/ or ,vmdows facmg .:\~tliilltic }~YCfiUe, thc ptelåflg 1:11"
26 ORD NO. 64-04
or æoppmg off, or other-vise HRflsporti:n.g of workers, assigned through Rft employmeflt a-geftey
from. afl a33embly pOillt to thc wode site 1S prolubited.
(42) Any outdoor display of sportlng goods and eqmpment for rent is subject to the
restrlctlons set forth m Sectlon 4.6.6(C)(3).
(.§.Jl Astrologtsts, clairvoyants, fortune tellers, palmists, phrenologists, psycluc readers,
spiritualists, numerologlsts and mental healers are litmted to the geograplucal areas along N.E. and
S.E. 5th and 6th Avenues (Federal Highway pans), between S.E. 10th Street and S.E. 3rd Street, and
between N .E. 4th Street and N .E. 7th Street, and shall be lnmted to no more than one of each
busmess every three hundred feet (300'), measured m a straight lme from lot lme to lot lme.
(6:1) 24-Hour or late night businesses as defmed herem must be processed as a conditional
use and are subject to the provlSlons of Sectlon 4.3.3(VV).
SECTION 5. That Sectlon 4.4.13, "Central Busmess (CBD) D1str1ct," of the Land Development
Regulations of the Code of Ordmances of the C1ty of Delray Beach, Florida, be, and the same 1S
hereby amended to read as follows:
Section 4.4.13 Central Business (CBD) District:
(A) Purpose and Intent: The Central Business Distrlct (CBD) Zone District 1S established in
order to preserve and protect the cultural and lustonc aspects of downtown Delray Beach and
simultaneously prov1de for the stlmulatlon and enhancement of the vitahty and economic growth of
this spec1al area. Estabhslunent of the CBD Distrlct is consistent W1th and 11TIplements, m part,
Objective C-4 of the Land Use Element of the Comprehensive Plan. The CBD D1str1ct is generally
applied to territory dep1cted in the Commerc1al Core designation on the Future Land Use Map.
The areas descnbed below and shown in Figures 4.4.13-1~ ftfttl 4.4.13-2 and 4.4.13-3 provide for
development that is cons1stent with the adopted Downtown Delray Beach Master Plan.
Central Core: The regulatlons are intended to result in development that preserves the downtown's
historic moderate scale, wlule promotlng a balanced tnlX of uses that will help the area evolve mto a
trachtional, self-suffic1ent downtown. Res1dential development 1S pernutted at lugher dens1ties in
this area than any other part of the C1ty, m order to foster compact, pedestrlan onented growth that
will support downtown busmesses.
27 ORD NO 64-04
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- CENTRAL CORE
, IV . CBD {CENTRAL 6G$INESS DI$T>iiCl} AND ceo r,C
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Figure 4.4.13-1- Central Core
28 ORD NO. 64-04
Beach Area: The goal for th1s area is to "preserve and enhance the character of these areas, the
public condmon of the beach, the vitality of its center, and the natural envltonment." The Master
Plan calls for redevelopment of eXlsting buùdmgs ill a manner that places storefronts close to the
street and parkmg ill the rear. \Vhere exisnng buùdings are separated from the pedestrian ways by
wide landscaped areas, the adchtton of arcades and new buùdmg square footage to brillg the
storefronts closer to the street is encouraged.
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Figure 4.4.13-2 - Beach Area
29 ORD NO 64-04
West Atlantic Avenue Neighborhood: The goal for this area is to provide for development that is
consistent with the adopted West Atlantic Avenue Redevelopment Plan and the Downtown Delray
Beach Master Plan The emphasis is on the preservation and enhancement of eXlstlng
neighborhoods. while promotlng a pedestrian friendlv commercial area along Atlantic Avenue that
contains a mLX of residential. commercial and C1VlC functions. Busmesses that are onented toward
serving the local neighborhood. as opposed to a reglOnal area. are encouraged.
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Figure 4.4.13-3 - West Atlantic Neighborhood
30 ORD NO. 64-04
(B) Principal Uses and Structures Permitted: The following types of use are allowed w1thin the
CBD D1strict as a penmtted use:
(1) General retail uses mcluding, but not hmited to:
* Antiques, arts and crafts, automotive parts, baked goods, books, carpet and floor
covermg, cheeses, beer, wme, liquor, confectionenes, cosmetics, meats, drapenes
and shpcovers, mechcmes and prescnptions, electrical fLxtures and supplies,
fabrics, fish, flowers and plants, frmts and vegetables, food, garden supphes, gifts,
glassware, hardware and paints, home furrushings, 1ce cream, lawn care
eqmpment, leather goods, luggage, medical and surgt.cal equipment, muslC and
muslCal mstruments, nautical supplies, office furniture eqmpment and supplies,
pets and pet supphes, photographic equipment and supphes, sewing supplies,
sporting goods, toys, weanng apparel and accessones, appliances, b1cycles,
business machines, Jewelry.
(2) Busmess and professlOnal uses mcludmg, but not lirruted to:
* Intenor decorating, mechcal and dental cl1rucs, medical and dental laboratones,
photographic studios, pnntlng and publishmg, professlOnal offices.
(3) Serv1ces and facilities including, but not lmuted to:
* Auctions, barber and beauty shops and salons, caterers, dry cleaning lirruted to
on-slte processmg for customer pickup only, dry clearung and laundry pickup
stations, laundromats lmuted to self-servIce facilities, pet grooming, restaurants
excludmg drive-m and dr1ve-through, outdoor cafes, tailoring, tobaccorust,
vocational schools lmuted to arts and crafts, busmess, beauty, dancing, dnving,
gymnastics, photography, modeling, and karate-judo, smallÜem repair, and rental
of sportlng goods and eqmpment (such as but not hmited to b1cycles, skates,
boogt.e boards).
* Gallenes, broadcast studios, butcher shops, cocktail lounges, exercise facilities e.g.
gyms and clubs, museums, libraries, newsstands, commerc1al or pubhc parking
lots and parking garages.
(4) Multi-fam1ly dwelling uruts, excluding duplexes, up to a maXlffium density of thirty
(30) units per acre except for the \Vest Adantic Neighborhood or Beach D1str1ct. portiOn of the
CBD loeated ea3t of the Intracoa3tal ~ratenvB:Y, where the maXlffium density 1S twelve (12) dwelling
units per acre.
31 ORD NO. 64-04
(5) Hotels, motels, bed and breakfast inns, and residential-type mns except m the West
AtlantIc Neighborhood.
(C) Accessory Uses and Structures Permitted: The following uses are allowed when a part of,
or accessory to, the prmClpal use:
(1) Parkmg lots.
(2) Refuse and service areas.
(3) Prov1slOn of serv1ces and repair of items inc1dental to the prmcipal use.
(4) Storage of myentory e1ther w1thm the same structure as where the sale of goods occurs
or in a separate structure on the same parcel proyided that such storage facilities are not shared or
leased independent of the pnmary commercial use of the site.
(5) A smgle fatn.Ùy residence, either separate or w1thin a structure housing a nonresidential
use, prov1ded that the res1dence 1S occupied by the owner, proprietor, or employee of a business
enterprise conducted on the property.
(6) Recreatlonal facilities attendant to a multI-fatn.Ùy res1dential development, such as
tenlliS courts, sw11I1tnÍng pools, exerC1se areas, and meeting rooms.
(D) Conditional Uses and Structures Allowed: The followmg uses are allowed as conditional
uses w1thin the CBD D1StrlCt:
(1) Adult congregate hving facilities.
(2) Residential Licensed Service Prov1der Facilities, subject to restr1ctions set forth m
SectIon 4.3.3(D).
(3) Amusement game facilitles limited to such uses as pinball, air hockey, electronic
games, and other sinular com operated games when an attendant is on duty.
(4) Child care and adult day care.
(5) Clubs and lodges; social, fraternal, and recreatIonal.
(6) Fmanc1al instltutlons, e.g., banks and snnilar instltutions mcludmg drive through
facilities.
(7) Funeral homes mcludmg accessory uses, such as, a chapel, crematory, and the like.
32 ORD NO. 64-04
(8) Gasohne stations or the dtspensing of gasoline directly into vehicles, except that such
use shall not be allowed Cll3t of the Ifltf'aw8.stal Waterwa-y m the \V'est Atlantic Neighborhood. the
Beach DiStrlct, nor on lots wmch front along Atlantic Avenue or N.E. 2nd Avenue (a/k/a Pmeapple
Grove Way), begmrung at a pomt 105' south ofN.E. 4th Street.
(9) Recreational establishments such as bowling alleys, gymnasiums, health spas, miniature
golf courses, skating nnks.
(10) Veterinary clinics.
(11) Movie theaters, excluding drive-ins.
(12) Playhouses, dinner theaters, and places of assembly for commercial entertainment
purposes (e.g., concerts, live performances).
(13) Flea markets, bazaars, merchandise marts, and similar retail uses.
(14) \V'ash 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.
(15) Multi-family dwelling urnts, 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 limttations of Section 4.4.13(I).
(16) Group Home, Type 2 and Commuruty Residential Homes, pursuant to restrictions set
forth m Section 4.3.3(1).
(17) Restaurants, Cocktall Lounges, Hotels, and Residential Type Inns may provide their
required parkmg as valet parkmg, subject to the provisions of Section 4.6.9(F)(3).
(18) Drive-m or dnve-through restaurants on propert;y located within the West Atlantic
Neighborhood.
(19) Hotels. motels. bed and breakfast mns. and residential-tj'Pe inns on propert;y located
within the West Atlantic Neighborhood.
(20) Free standing or llllXed-use residential development at a densit;y g;reater than twelve
(12) uruts per acre. on property located Within the West Atlantic Neighborhood. subject to the
standards and hmitations of Section 4.4.13(1).
33 ORD NO 64-04
(E) Review and Approval Process:
(1) In estabhshed structures, uses shall be allowed there111 upon apphcation to, and approval
by, the Chief Building Officlal for an occupational license.
(2) For any new development, approval must be granted by the Site Plan Review and
Appearance Board (SPRAB) pursuant to Sections 2.4.5(F), 2.4.5(H), and 2.4.5(1).
(3) Condltlonal uses must be approved pursuant to the provlsions of Section 2.4.5(E).
(4) Apphcations for conditional use approval pursuant to Section 4.4.13(I) must include, in
adchtion to the standard application ltems of 2.4.3(A), a slte and development plan (including
landscapmg, elevations, and floor plans) that are of sufficlent detail to detenmne that the applicable
performance standards are being met. Final approval of the detailed site plan is by the Slte Plan
ReVlew and Appearance Board.
(5) The process for modification of a conditional use and slte plan approved pursuant to
Section 4.4.13 (I) is as follows:
(a) Mochfications to any aspect of the plan that was a basis for determining
comphance with the apphcable performance standards shall be processed as a
modification to the conditional use approval.
(b) Mochfications to the plan that do not affect the apphcation of the performance
standards may be processed as a site plan modification.
(6) All development applications which are processed through either the Planning and Zoning
Board or SPRAB shall be referred to the Downtown Development Authonty and the Community
Redevelopment Agency pnor to action by the approving body.
(F) Development Standards: The development standards set forth 111 Section 4.3.4 shall apply,
except as modified below. In case of confhct with other apphcable development regulations,
this Sectlon shall apply:
(1) Height: The CBD is a geograpruc area 111 wruch exceptions to height regulations are
allowed pursuant to Section 4.3.4G).
(a) Overall Height of bmldings shall be a minimum of twenty-five feet (25') and a
maximum of forty-eight feet (48') 111 helght. Exceptions to the helght linutations
shall comply with Section 4.3.4G)(3) and (4).
34 ORD NO 64-04
(b) Arcade Height shall be a minimum ten feet (10'), measured from finished arcade
floor to ftnished arcade ceiling.
(c) Floor Height shall be a minimum of ten feet (10') for ground floors and a
mirumum helght of rune feet (9') for all other floors. All heights shall be measured
from ftrushed floor to finished ceiling. Auxiliary and service rooms, such as,
garages, restrooms, closets, laundry rooms, dressmg rooms, storage rooms,
mecharucal, electrical, and plumbmg equipment rooms are exempted from the
floor helght regulations.
NOTE HEIGHT
REGULATIONS
DO NOT 25FT MIN
APPLY TO 48 FT BUILDING
AUXILIARY ~. HEIGHT
AND SERVICE ,
ROOMS
'"
9 FT MIN
~
I' 10FT
II MIN
, I
.
i ^
Figure 4.4.13~ - Building Height Requirements
(2) Open Space: A 1l11!1Ímum of 10% non-vemcular open space shall be provided;
however, witlun the area encompassed by the boundarles of the origmal Downtown
Development Authonty as descnbed in SectlOn 8.2.2(B), and wltlun those sections of the
CBD zoning district located wltlun the Pmeapple Grove Main Street area and east of the
Intracoastal \V'aterway, there shall be no tn1t111Ilum open space reqUltement.
Notwithstandmg the provlSlons of tlus section, the body acting upon a development
applIcation "\vithin the CBD may require that open areas, includmg but not limlted to
courtyards, plazas, and landscaped setbacks, be provlded m order to add interest and
proVlde relIef from the buùdmg mass.
(3) Building Frontage and Front Setbacks:
(a) The buùdmg frontage for an mterior lot lS the portion of the lot abuttlng the
pnmary street tnlllUS the reqUlted slde setbacks.
(b) The building frontage for the pnmary street side of a corner lot is the portion of
the lot abuttlng the pnmary street minus the required slde setbacks.
35 ORD NO. 64-04
(c) The bwlding frontage for the secondary street side of a corner lot 1S the portion of
the lot abuttmg the secondary street mmus the reqUlted front and rear setbacks.
.. ~ ~
0 0
a:: a::
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Figure 4.4.13-4~ - Building Frontage
(d) Bwlding frontage is expressed 111 percentages and may vary from floor to floor.
(e) Frontage and setbacks shall be taken from the property line, or if a dechcatton 1S
reqUlted, from the resulting property hne after dechcation.
(f) Bwldmg frontage and setbacks for properties fronting on Adantic Avenue or A-l-
A shall comply with Table 4.4.13-1.
(g) The front setback area for buildings fronting on Adantic Avenue shall be paved
with pav111g materials to match the existlng sidewalks w1thm the Adantic Avenue
right-of-way.
(h) For corner lots w1th Adantic Avenue side street frontage, the fIrst sixty feet (60') of
the builchng, taken from the Adanttc Avenue property hne, or 1f a dedication is
reqUlted, from the resultmg property hne after dedication shall comply With Table
4.4.13-1.
(i) Bwldmg frontage and setbacks for properties fronting on streets other than
Adanttc Avenue or A-1-A shall comply with Table 4.4.13-2.
36 ORD NO. 64-04
TABLE 4.4.13-1
IIlIilding-'Õ \\ ith :\f('.ult·d Buildingo; \\ ilhout All';ult'd
J ;r()nt;lþ!(,,{I.I.!I<"'~{;'U'l.( -11","h 111, Fr( nta~(.(1 '~'~~J,-,,·1¡' ..:ol
SlIb Au'.... Building
I It·jghr (fcl·t) l ----.-----
·'·í· BlIihlill~ S(·lb¡u:\.. I~'I nlliMjn~ Sl·rhad,
FIOIU;¡µl· I (f('cl) FaulU.IA(· (f(·l·t)
(111 i II / 11M!!:) (milli 111 ax)
West Atlantic 70%/900;' 0' 70%/90% 5'IIl11l/
Neighborhood F1111shed grade 10'max
(WAN) and to 37' Remaming length 24'IIl11l Rema1n11lg length 1 7' IIl11l/
Beach Area 22' max
(BA)~ill. 50% max 12' 50% max 17'IIl11l
37' to 48' Rema11111lg length 24'ffi11l Rema11111lg length 29'ffi11l
70%/90% 5' min or 10'
F111Îshed grade max
to 25' Remaming length 17' min or
22' max
Central Core N/A 70% max 17' ffi11l
(CC)~ 25' to 37' Rema11111lg length 29'min
50% max 29'ffi11l
37' to 48' Remammg 41'min
length
48' and above 100% max 41'min
(Thzs space in/en/zonallY left blank)
37 ORD NO. 64-04
TAIII.E ·1.4.13-2
All Ullildirll!,IL.¡;,,~\- ;· JIL',
": IhllldinJ.: I'rllrll.LJ.:L· (minimax) ~l'lh.Ll·k
I~n.ul" .1\ ~ Bllildill~ lll:'i:.:hr (fl·L'LJ (I.-t·l) '",
:0%/90% 5' mm/
FinIshed grade to 25' 10' max
Remammg length 17' nun/
22' max
Other Right-of- 50% max 17'=
waystlt 25' to ;:J48' Remammg length 29'=
30~/" ffiMi ~
37' t8 '1&'
ReffiMfMng lesgtR ~
48' and above 100% 41' mm
70%/90% 5'mm/
FinIshed grade to 25' 10' max
Pineapple Grove Remammg length 17'=/
Wayffi 22' max
ïQ% max 17' =
25' to 37' Remammg length 29'=
50% max 29' nun
37't048'
Remammg length 41' mm
48' and above 100% 41'=
70%/80% (3) 15' =(3)
Flnlshed grade to 25' 70%/90% (4) 10' =(4)
Remammg length 27' =(3)
22' =(4)
NE and SE 5th 70% max ~ 15' =(3)
and NE and SE 25' to 37' 10' =(4)
6th Avenues~ Remammg length 27' mm
50% ma-x 34' mm
37' and above
Remammg length 39'=
70%/90% 5'mm/
FinIshed ¡>;rade to 25' lO'max
NW and SW 5th Remammg leng:th 17'mm/
Avenues(4) 22'max
70% max 17' nun
25' to 37' Remammg leng:th 29'=
50% max 29'min
37' to 48' Remammg length 41' mm
38 ORD NO. 64-04
Notes to Tables 4.4.13-1 and 4.4.13-2:
(1) Lots of record '\Vlth a wIdth less than fifty feet (50') shall be exempted from the buildmg frontage
reqwrements provIded a ffi111llIlum five (5) to maXlffium ten foot (10') setback be provIded for the
portIon of the bOOdmg from fi111shed grade to twenty-five feet (25') ill heIght and a ffi111llIlum
seventeen foot (17') setback IS provIded above a heIght of twenty-five feet (25').
(2) The applicable development regulatIons for arcades Arcades shall have a mimmum wIdth of twelve
feet (12'), illcluSlve of columns or pilasters up to a maxunum wIdth of two feet (2')
(3) ResIdential occupancy on the ground floor and primary entrances shall be onented towards NE and
SE 5th or NE and SE 6th Avenues
(4) ~úxed-use/~on-resldentIal occupancy on the ground floor
(5) The same development standards that apply to the front property hne shall apply to the first SIXty feet
(60') of the bOOdmg facillg the side street property hne
(6) BOOdillg frontage reqwrements for parking garages may be increased to a maXlffium 100% for all
floors by the Sue Plan RevIew and Appearance Board or the Htstoric PreservatIon Board subject to
comphance wuh SectIon 4 6 18(B)(14)(vi)4), Parking Garages.
(7) The bOOdmg setback reqwrements for portions of parking garages above twenty-five feet (25') may be
waIved by the SIte Plan Review and Appearance Board or the Htstoric PreservatIon Board subject to
comphance wIth SectIon 46 18(B)(14)(vI)4), Parking Garages, and a ffi111llIlum five (5) to maXlffium
ten foot (10') setback for the portIon of the bOOdmg from f1111shed grade to twenty-five feet (25') ill
heIght
(8) For sItes 'wIth multIple bOOdmgs, the bOOding immedtately abuttIng the roadway(s) shall comply Wlth
the bOOdmg frontage and setbacks ill Table 4 4 13-1 and 44 13-2
(9) BOOdmg floors shall be setback ill illcrements of twelve feet (12') to create a vertIcal stepped back
appearance
(10) BOOdmg and site desIgn shall illcorporate Crone PreventIon Through EnvIronmental Design
(CPTED) standards to the greatest extent possIble
(Thzs space mtentionalfy lift blank)
39 ORD NO. 64-04
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Figure 4.4.13-~ - Building Frontages and Setbacks for Atlantic Avenue in the West Atlantic Neighborhood or
Beach Area and 6f A-I-A in Beach Area
40 ORD NO. 64-04
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41 ORD NO. 64-04
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Figure 4.4.13-+~ - Building Frontages and Setbacks for Pineapple Grove Way
42 ORD NO. 64-04
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43 ORD NO. 64-04
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44 ORD NO. 64-04
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Figure 4.4.13-911- Building Frontages and Setbacks for Other Roadways
45 ORD NO. 64-04
(4) Side interior setbacks for all buildings shall be as follows:
(a) Zero feet (0') from the property hne if there 1S vehicular access available to the rear
of any structure, or
(b) Ten feet (10') from the property hne where no vehicular access is available to the
rear of any structure. For a s1de mter10r lot, a ten foot (10') setback is required
only on one (1) s1de.
(5) Side Street Building Frontage and Setbacks
(a) Side street setbacks shall be taken from the property line, or 1f a dechcation 1S
reqwred, from the resulttng property line after dechcation.
(b) Side street bmlding frontage and setbacks shall comply with the applicable roadway
reqwrements in Tables 4.4.13-1 and 4.4.13-2.
(c) For corner lots fronttng on Atlantlc Avenue, Pineapple Grove Way, NE and SE Sth
A venues, ef NE and SE 6th A venues, or NW and SW 5th A venues. the same
development standards that apply on Adantic Avenue, Pineapple Grove Way, NE
and SE 5th Avenue, ftftà NE and SE 6th Avenue. or NW and SW 5th Avenue. shall
apply to the ftrst sixty (60) feet, taken from the Adantic Avenue, Pmeapple Grove
Way, NE and SE 5th Avenue, ef NE and SE 6th Avenue. or NW and SW 5th
J
A venue. property hne, or 1f a dedicatlon is required, from the resulttng property
hne after dechcatlon.
SAME DEVELOPMENT
STANDARDS SHALL APPLY
TO THE FIRST 60 FT
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Figure 4.4.13-1~~ - Corner lots with Atlantic Avenue, Pineapple Grove Way, NEjSE 5th Avenue, at' NEjSE 6th
Avenue. or NW /SW 5th Avenue Frontage
46 ORD NO 64-04
(6) Rear setback for all buildmg floors shall be a mirumum of ten feet (10') from the
property hne.
(7) Structures Allowed Within Setback
(a) Balconies may encroach a maxunum of four feet (4') into the setbacks.
(b) Loggias and Trellises above the ground floor are allowed to encroach into the
setbacks provided they do not exceed the required building setback of the portion
of the floor direcrly below it.
(c) Roof Eaves may encroach illto the setbacks a maxunum of four feet (4').
~, ROOF EAVES MAX 4 FT
~
. .
OPEN TRELLISES AND
LOGGIAS 12 rT MA (
BALCONIES 4 FT MAX
. -
-t--
PROPERTY LINE
1
Figure 4.4.1341~ - Encroachments
(G) Supplemental District Regulations: In addttion to the supplemental district regulations as
set forth ill Amcle 4 6, except as modified below, the followillg shall also apply.
(1) Central Core and Beach Area Supplemental Regulations Parlciflg:
(a) Within that portion of the CBD bounded by Swinton Avenue on the west, N.E.
1st Street on the north, the Intracoastal Waterway on the east and S.E. 1st Street
on the south, the parktng reqwrements for all non-residential uses, except
47 ORD NO 64-04
restaurants, shall be one space for each 300 square feet or fraction thereof. The
parkmg reqwred for the creation of new floor area, shall also illclude the
replacement of any prevlOusly reqwred parking wmch may be eliminated. Within
all other geograpmc areas of the Central Core and Beach Area witlun the CBD
Zone DiStrlCt, the provisions of Section 4.6.9(C) shall apply, as further mollified
witlun tlus Subsection (G)(l).
(b) When the parkmg reqwrements are apphed to either new development, expansion
of an eXlsrmg use or a change ill use, which results ill the requirement of only one
new parkmg space, a one space exemption shall be allowed. Tms exemption may
only occur once per property.
(c) If it is impossible or inappropriate to provide reqwred parking on-site or off-site,
pursuant to Subsection 4.6.9(E) (4), the ill-lieu fee option provided in Section
4.6.9(E)(3) may be applied.
(d) The parkmg reqwrement for restaurants is estabhshed at SlX (6) spaces per 1,000
square feet of floor area
(e) The parkmg requirements for residential urnts ill multi-family structures and
mLxed-use bmldmgs shall be as follows:
· Efficiencv dwelling urnt 1.0 space/urnt
· One bedroom dwelling urnt 1.25 spaces/urnt
· Two or more bedroom dwelling unit 1. 7 5 spaces / urnt
· Guest parkmg shall be provided cumulatively as
follows:
- for the first 20 urnts 0.50 spaces/urnt
- for units 21-50 0.30 spaces/unit
- for units 51 and above 0.20 spaces/unit
\Vithin Townhouse and Townhouse type developments, parking may be provided
ill front of garage urnts provided that such parkmg does not result ill the space for
one unit lmpeding access to a space of the other urnt.
Location of Guest Parking Spaces: Guest parkmg spaces must be accessible to
all Visitors and guests and may be centralized or located near recreational features
Within a development project.
48 ORD NO 64-04
(2) West Atlantic Neighborhood Supplemental District Regulations: The following
supplemental c.hstrict regulations apply in the \Vest Atlantic Avenue Overlay District as
defIned m Section 4.5.6(J3):
(a) Commercial structures are lmuted to a maXlffi.um depth of 150 feet from the
ultimate nght-of-way of Atlantic Avenue. unless the parcel has frontage on N.W.
5th A venue or S.\V 5th Avenue. Accessorv uses such as parkmg areas.
landscapmg. and drainage retention areas may extend beyond the 150 foot limlt.
Estabhshment or expansion of structures beyond the 150 foot linut may be
allowed as a condinonal use. subject to the required fmdings of Section 2.4.5(E)(5).
(b) There is no restriction on repair and! or reconstrucnon of non-confonning single
family residences located a mmimum of 150 feet from Atlantic Avenue.
(c) SLX (6) parking spaces per 1.000 square feet of gross floor area are required for
restaurants and one (1) parking space per 300 square feet of gross floor area is
reqmred for all other non-residential uses. except hotels and motels. Parkmg
spaces for residennal uses are reqmred at the rates established m Secnon
4.6.9(C)(2).
(d) The parking reqmrement for hotels and motels is established at 0.7 of a space for
each guest room plus one (1) space per 300 sq. ft. of floor area devoted to
ballrooms. meeting rooms. and shops and SlX (6) spaces per 1.000 sq. ft. of floor
area devoted to restaurants and lounges within the hotel or motel.
(e) If it is impossible or inappropriate to provide required parking on site or off-site.
the in-heu fee option provided in Secnon 4.6.9(E)(3) may be applied.
(() Parkmg areas and accessways to parkmg lots must be located to the rear of
commercial structures that have frontage on Atlantic Avenue. \XnGere locatulg
parkmg to the rear of the structure is impossible or mappropnate. the Site Plan
ReView and Appearance Board may approve an alternate locanon.
(H) Special Regulations:
(1) The sale of second hand material, other than venfiable annques, Rutoffioti-....e part3,
breatffi.3, and ht'\'i,Tn care eqUipfficnt shall not be allowed withm busmesses nor on properties which
have an entry from and/or wmdows along and/or frontage on Bftst Atlantic Avenue or N.E. 2nd
Avenue (a/k/ a Pmeapple Grove Way) between East Atlantic A venue and N .E. 4th Street.
49 ORD NO. 64-04
(2) The sale of automotive parts. fIrearms. and lawn care eqmpment. shall not be allowed
withm the West Atlanttc Neighborhood nor within busmesses or on properttes wluch have an entry
from and/or wmdows along and/or frontage on East Atlantic Avenue or N.E. 2nd Avenue (a/k/a
Pineapple Grove \Vav) between East Atlanttc Avenue and N.E. 4th Street.
(~l) The picking-up, dropping-off, or otherwise transporting workers, assigned through an
employment agency, from an assembly pomt in the CBD to the work site is prohibited, except
within the West Atlanttc Neighborhood area provided the structure mvolved does not have an
entrance from and/ or wmdows facmg West Atlanttc Avenue.
(4) Within the West Atlantic Neighborhood. all permitted uses with drive-through facilities
shall require conilltional use approval.
(~.:2) Minimum floor area for multi-farruly reSldentlal dwelling units shall be as established for
the Meillum Density Residenttal (RM) zoning illstnct in Sectton 4.3.4(1<).
(4ý) Multt-farruly dwelling umts may be located in structures that are compnsed of residential
units only or m tnlXed-use bmldmgs that contain a combmation of residenttal and non-residential
uses. However, where resldenttal uses are located m structures havmg frontage on Atlantic Avenue~
NW /SW 5th Avenue or N.E. 2nd Avenue (a/k/a Pmeapple Grove Way), there must be
nonresidenttal uses fronttng the Avenue on the ground floor.
(§.7J The rental of sporting goods and eqmpment shall be linuted to no more than one business
renttng a specifIc category of item (i.e. bicycles, skates, etc.) every 300 feet measured in a straight line
from door to door, and any outdoor ills plays are subject to the restrictions set forth in Sectton
4.6.6(C)(3).
(6ID 24-Hour or late night businesses as defmed herein must be processed as a conditional use
and are subject to the provislOns of Sectton 4.3.3(VV).
(I) Performance Standards These standards shall apply to all applicattons for new development
and modifIcatton of eXlsting developments which would result m a density greater than thirty (30)
dwelling uruts per acre in the Commercial Core or twelve (12) uruts per acre in the \Vest Atlantic
Neighborhood.
(1) The maximum penlllssible density of a particular project will be estabhshed through the
conilltional use process, based upon the degree to which the development comphes Wlth the
performance standards of tlus sectton, the reqwred fmdmgs of Sectton 2.4.5(E), and other apphcable
standards of the comprehensive Plan and Land Development Regulattons. Notwithstanding the
above, the approving body may deny an apphcatton for mcreased density where it is determmed that
50 ORD NO. 64-04
the proposed project is not compatible in terms of building mass and rntensity of use with
surroundmg development.
(2) The apphcable performance standards for development exceeding twelve (12) units per
acrea withrn the \V'est Atlantic Neighborhood or thlrty (30) units per acre within the Central Core
under th13 3ection are as follows:
(a) The development offers variation in des1g11 to add interest to the elevations and
relief from the buildmg mass. Bulldmg elevations incorporate several of the
followrng elements: diversity rn "\vindow and door shapes and locations; features
such as balconies, arches, porches; and design elements such as shutters, window
mullions, quoins, decorative tiles, or sinular distlngmshmg features.
(b) If the building includes a parking garage as an associated structure or withrn the
prrncipal bulldmg, the garage elevation provides urufied design elements with the
main building through the use of sinular bulldmg materials and color, vertical and
horizontal elements, and_arclutectural style. Development of a portion of the
ground floor perimeter adjacent to street nghts of way is devoted to wrndow
displays or floor area for active uses such as retail stores, personal and busrness
service estabhshments, entertarnment, offices, etc., is encouraged.
(c) A number of d.1fferent urut types, sizes and floor plans are ava1lable withrn the
development. Two and three bedroom uruts are encouraged, as are a
combinatlon of multl-level units and flats. In projects consiStlng of more than
twelve (12) dwelling uruts, the proportion of efficiency or stud.1o type uruts may
not exceed 25% of the total uruts. There is no maximum percentage established
for projects having twelve (12) or fewer units, however, a 1ll1X of unit types and
Sizes is encouraged.
(d) The project design shall create an overall unified architectural character and image
by the use of common elements between the building(s), parking lot, and
landscaping. Examples of some features that could be incorporated to meet this
standard are: freestandmg hght poles and exterior light ftxtures that are
decoratlve and consistent with the arclutectural treatment of the building(s);
pedestnan amenities such as benches, shaded walkways, and decorative pavement
treatment, that are s111Ular rn forms, colors, materials, or deta1ls as the arclutecture
of the bulldmg(s); focal pornts such as public art, water feature/fountarn,
courtyard or pubhc plazas designed to connect d.1fferent uses along a contlnuous
pedestrian walkway; or a combination of sinular features that meet the intent of
this standard.
51 ORD NO. 64-04
(e) The development provides common areas and/or ameruties for res1dents such as
SW11Il1Il111g pools, exercise rooms, storage rooms or lockers, covered parking,
gardens, courtyards, or s11I1Ùar areas and/or amenities.
(f) The development promotes pedestrian movements by providmg converuent
access from the residential units to the pubhc sidewalk system. Pedestrian areas
adjacent to the buùdmg are enhanced by providmg additional sidewalk area at the
same level as the abutting public s1dewalk. Accessways to parkmg areas are
des1gned in a manner that tnÍn1m1zes confucts between velucles and pedestrians.
The pubhc street or streets nnmechately adjacent to the development are
enhanced m a manner that 1S cons1stent with the streetscape m the downtown
area (1.e., mstallation of landscape nodes, extension of_eXlsting paver block
system, mstallation of approved street lighting. etc.).
(g) The development prmrides opporturuties to share parkmg, accessways, driveways,
etc., With adjoining properties, or provides adchtional parking spaces that may be
used by the pubhc.
(h) Projects fronting on Atlantic Avenue, NW /SW 5th Avenue. N.E. 1st Street, or
S.E. 1 st Street contain nonres1dential uses on the ground floor. At least {tffy
percent (50%) seventy-five percent (75%) of the surface area of the front street
walles) at the ground floor of each such buùdmg 1S devoted to display wmdows
and to entrances to commerc1al uses from outside the buildmg.
(1) The landscape plan for the development preserves and incorporates existing native
vegeta tion (where available), provides new landscapmg that is in excess of
mirumum standards (in height and quantity), demonstrates mnovative use of plant
material, improves s1te des1gn, provides useable open space or public plazas, and
maximizes available areas for pedestr1an mteraction. If necessary to achieve this
standard, the project may exceed the maxunum setback area on the ground floor.
(3) It is acknowledged that it may not be possible for projects which mvolve the modification
of existing structures to comply with many of the above referenced standards. For those types of
projects, the ultimate dens1ty should be based upon compliance w1th those standards which can be
reasonably attamed, as well as the project's ability to further the goal of revitahzmg the central
business chstrict (i.e., adaptive reuse of older structures and the prov1slOn of housing in close
proximity to employment opporturuties and services).
.. .
52 ORD NO. 64-04
SECTION 6. That Section 4.4.24, "Old School Square Historic Arts (OSSHAD) District,"
Subsection 4.4.24(F), "Development Standards," of the Land Development Regulations of the Code
of Ordinances of the CIty of Delray Beach, Flonda, be, and the same is hereby amended to read as
follows:
(F) Development Standards: The development standards as set forth, for the OSSHAD
District, m Section 4.3.4 apply, except for:
(1) The following locations shall be subject to the development standards of the
Commercial Core (CC) area of the CBD Zone DIstrict:
(a) Lots 1- 7 and 19-24, Block 69
(b) Lots 7- 8, Block 75
(c) Lots 1- 6, Block 76
(2) The followmg locations shall be subject to the development standards of the West
Atlantic Neighborhood (WAN) area of the CBD GG 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 petlll1ssive.
.. .
SECTION 7. That Section 4.5.6, "The West Atlantic Overlay District," of the Land Development
Regulations of the Code of Ordmances of the City of Delray Beach, Florida, be and the same is
hereby amended to read as follows:
Section 4.5.6 The West Atlantic Avenue Overlay District:
(A) General: \Vlth the adoption of the City's ComprehensIve Plan by Ordinance No. 82-89 on
November 28, 1989, the CIty identified the West Atlantic Avenue Corridor as an area in need of
redevelopment and re"ïtalization. In accordance wIth Future Land Use Element Policy C-2.4, a
redevelopment plan was prepared for the area and was adopted by the CIty Commission at its
meetmg of July 11, 1995. This section IS created to 11TIplement the proVlslOns of the adopted West
Atlantic Redevelopment Plan. All development wIthm the West Atlantic Overlay DistrIct, as
defmed in Section (B) below, shall take place accordmg to the provisions of the adopted plan.
53 ORD NO 64-04
(B) Defined: The West Atlantic Avenue Overlay Distrlct is hereby estabhshed as the area bounded
by 1-95 on the west, Swmton Avenue on the East, S.W. 1st Street on the south, and N.W. 1st Street
on the north, and extending one block north of N.\XT. 1st Street along N.W. 5th Avenue to mclude
Blocks 19 and 27, Town of Delray. The regulations estabhshed in Sectlons- 1 A. 9 (E) (1) and
1.1.9(C)(1) 4.4. 13 (G) (2) shall apply to all GG-CBD zoned parcels Wlthm the Overlay Dlstnct.
(C) West Atlantic Redevelopment Coalition (WARC):
(1) All apphcations for commercial or multlple family resldential development. mcluding signs.
within the \Vest Atlantlc Avenue Overlay Dlstnct will be forwarded to the West Atlantic
Redevelopment Coahtlon (WARC) for comment.
(C) West f..daæie kreaue .Arehiteettlral Re'...ïe".~¡ Cammittee (~.\~RC):
(1) .:\.n ¡\.rchtteetural RC.'lew Coffitllittee (}~RC) 13 hereby established to revie'",' all àe"'dopment
proposab 10CZlted 1ft the O.....erlay Disfffct. The .:'..RC acts ill an ad·,·lsory eapaeity to the Boarà(s)
talang action on a deyeloprnent pmposal.
(2) The }~rch1teetmal RC.'ìC"'· CofillnÍttee v.'Î:ll COa.Slst of se"'en (7) members servæg Ì"'\;ß (2)
rear terms. Three of the mitial memÐers will. serve one (1) year teffils in OLder to stagger the teffil3
of committee membe!3. .:\RC memÐcrs are nOffi1:flated by the Community Redevelopmea.t ¡\gcaey
Board of ComffiÍ33ionen.
(a) :Members of the }~RC shall be residents, property O'lVflers, or busÏfless OWiiers
witfti.n the zt-rea bounded by S.VV 10th Street, I 95, S'\.V".ntoa .:\vcnue !tad Lake Ida
~
(b) Membersfl.1p of the eOmmittee .vill be as follows:
* Two Iaad developmeat prof-essionab (zt-rdriteet, en-gifleer, Stlfveyor, htfldseapc
architect, cßa.ffactor, cte.);
* T'No owners of busÎflesse3 located ffi tftC West }~daatfc }~Yeaue OverlllJ
Dlsfffct; and
* Three members at lzt-rge.
(3) .:\ll appHcatl0113, ffiduding S1gflS, for coffiffiereial or ffil:1ltiple fllmily' re3idea.lial
developmeat W1.t:hm the 'X'est ¡\tlaatie }~·.Tnue Overlay Dlstrict will be referred to the .\RC aad the
Community Rcdeyelopmcflt .\gcacy E-or adn:wry rene';.' and eotnffleflt.
54 ORD NO 64-04
(4) The .:\RC wtl:l meet a3 required to reY1e',,' submf33iofl3, rather than at l'egular intervah.
.. .
SECTION 8. That Section 4.6.4 "Special District Boundary Treatment," Subsection 4.6.4(A),
"Commerc1al Zorung adjacent to Res1dential Zoning or Zoning Districts with a Thirty-Five (35)
Foot he1ght Limitatlon," of the Land Development Regulations of the Code of Ordinances of the
C1ty of Delray Beach, Florida, be and the same 1S hereby amended to read as follows:
Section 4.6.4 Special District Boundary Treatment: The followmg spec1al chstr1ct boundary
treatments are to be mmimums. If other treatments are required, the reqUltements which proVlde
for the greatest separation and most buffermg shall apply.
(A) Commercial Zoning Adjacent to Residential Zoning or Zoning Districts with a Thirty-
five (35) Foot Height Limitation:
(1) Properties subject to the development standards of the Central Business District (CBD)
or Ceneral Commercial (CC) District \vitlun the West .Atlantic Neighborhood (W.:\Þ-J)
shall comply with the followmg:
(a) Where the rear or side of a property chrecdy abuts a zoning chstrict with a height
lirrutation of thirty-five feet (35') without any chV1sion or separation between
them of 1:h1rty feet (30') or more, such as a street, alley, ra1lroad, waterway, park,
or other public open space, the following shall apply:
(1) For buildings or portion of the buùdmgs thirty-seven feet (37') or less in
height, a ten foot (10') mmimum building setback from the property lme
shall be prov1ded.
(il) For buildings above thirty-seven feet (37') m height, a twenty-two foot
(22') mimmum building setback from the property lme shall be proVlded
for the portion of the buùdmg that 1S over tlurty-seven feet (37') in he1ght.
(ill) A sohd fInished masonry wall six feet in he1ght, or a continuous hedge at
least 4-1/2 feet in height at the time of installation, shall be located inside
and adjacent to the portion of the boundary lme of the commerc1ally zoned
property wruch chrecdy abuts the reS1dentially zoned property. If a wall1s
used, 1t shall have only those openings as required by other city codes to
meet hurricane or severe storm construction standards. No walkways or
other pedestrian ways shall be located through the wall or hedge.
(2) All other commerc1ally zoned properties shall comply W1th the following:
55 ORD NO 64-04
(a) Where the rear or side of commercially zoned property directly abuts
residentially zoned property Without any divislOn or separation between them,
such as a street, alley, rallroad, waterway, park, or other public open space, the
commercially zoned property shall provide a ten-foot building setback from the
property line located adjacent to the residentially zoned property. In addition,
either a sohd fInished masonry wall six feet in height, or a contmuous hedge at
least 4-1/2 feet in height at the time of illstallatiOn, shall be located inside and
adjacent to the portion of the boundary line of the commercially zoned property
wmch directly abuts the residentially zoned property. If a wall is used, it shall
have only those openings as reqUlted by other Clty codes to meet hurricane or
severe storm construction standards. No walkways or other pedestnan ways
shall be located through the wall or hedge.
(b) \Vhere the rear or side of commercially zoned property does not directly abut
residentially zoned property but is separated from it by an alley, the commercially
zoned property shall provide a ten-foot builchng setback from the property line
located adjacent to the separator.
.. .
SECTION 9. That Section 4.6.9, "Off-Street Parking Regulations," Subsection 4.6.9 (E) "Location
of Parking Spaces,", Sub-subsection 4.6.9(E)(3), "In-beu Fee", of the Land Development
Regulations of the Code of Ordinances of the City of Delray Beach, Honda, be, and the same is
hereby amended to read as follows:
(3) In-Lieu Fee: If it is impossible or inappropnate to proVlde the required number of
on-site or off-site parklng spaces, the City CommisslOn may approve the payment of a fee in-heu of
providing such reqUlted parking, pursuant to the followillg prov1S1ons:
(a) The ill-heu fee is authonzed only in the CBD, CBD-RC, and OSSHAD, and CC
('X'cßt }~tlafltie .A7enue Overlay D1Stnct) Zoning Districts ill comphance with the
Supplemental District Regulations provisions thereill.
(b) Arrangements for payment shall be approved by the City ComnusslOn at the time
of the approval of the ill-lieu fee. The fee amount shall be based upon the
location of the property for wmch ill-lieu fees are beillg sought. Area descriptions
and corresponchng fee amounts are hereby estabhshed as follows: (See page 4646
- A for corresponding map).
(1) Area 1: Parcels located east of the Intracoastal Waterway which are zoned
CBD - $14,000 per space.
56 ORD NO 64-04
(2) Area 2: Parcels located west of the Intracoastal Waterway wluch are zoned
CBD or CBD-RC and which are not included within the Pmeapple Grove
Main Street area or West Atlantic Neighborhood - $12,000 per space.
(3) Area 3: Parcels located within the OSSHAD zoning district and parcels
located within the Pineapple Grove Mall Street area wluch are zoned CBD
or CBD-RC - $6,000 per space.
(4) Area 4: Parcels located within the West Atlantic ...:\7effi:1e Overlay Di~triet
Neighborhood which are zoned GG CBD - $4,000 per space.
(c) All proceeds from such a fee shall be used for parking purposes.
(d) For property owners optmg to pay in full, or lessees of properties, payment of the
m-lieu fee is due upon issuance of a bU1.ldmg pernut.
The m-heu fee may be paid in full upon issuance of a building permit or in
installments. Applicants for an m-lieu fee wluch is not paid in full at time of
permit, must enter into an In-Lieu of Parking Fee Agreement with the City. Such
agreement shall be recorded with the Public_Records Office of Palm Beach
County, Florida. The obligations unposed by such an In-Lieu of Parking Fee
Agreement constitute a restnctive covenant upon a property, and shall bind
successors, heirs and assigns. The restriCtive covenant shall be released upon full
payment of the in-heu parkmg fees mcluding attorneys' fees and costs. In-Lieu of
Parking Fee Agreements shall only be made between the City and the Owner(s)
of the subject property. In-Lieu of Parkmg Fee Agreements shall only be made
between the City and the Owner(s) of the subject property. If an In-Lieu of
Parking Fee Agreement is entered into, mstallment payments shall be made over a
three-year time penod m three installments. The first installment shall be 50% of
the total fee and is to be paid upon sigrung the agreement. The second
installment shall be 25% of the total fee and is due on the second anmversary date
of the Slgrung of the agreement. The tlurd and fmal payment of 25% of the total
fee is due on the third anniversary date of the signing of the agreement. There
shall be no mterest due under this payment schedule.
(e) In addlt10n to m-lieu fees due, where adequate nght-of-way eXlsts adjacent to a
proposed project for which an in-heu parking fee has been approved, the
apphcant must construct additional on-street parking, not to exceed the total
amount of spaces subject to in-lieu fees unless authorlZed by the City
ComnusslOn. The total in-heu fee due shall be reduced by an amount equal to the
actual construction costs, but m no event to exceed total m-lieu fees, for these on-
57 ORD NO. 64-04
street spaces including street lighting. Additional credit, not to exceed 10% of the
total fee, may be taken for the actual construction costs of approved streetscape
beautification elements m the public nght-of-way. Beautification ltnprovements
may mclude, but are not limlted to, paverbnck walkways, street furniture and
landscapmg. Credit may not be taken for those streetscape elements hsted in
Section 4.4.13(I)(2)(f) wmch are reqUlted to meet the performance standards for
new developments in the CBD wmch exceed 30 dwelling units per acre. Neither
crecht for construction of on-street spaces, nor crecht for construction of
beautification elements shall be reimbursed untù such construction has been fully
completed.
.. .
SECTION 10. That Section 4.6.18, "Architectural Elevations and Aesthetics," of the Land
Development Regulations of the Code of Orchnances of the City of Delray Beach, Honda, be, and
the same IS hereby amended to read as follows:
(A) Minimum Requirements:
(1) The requirements contained in this Section are mmimum aesthetic standards for all site
development, buùdings, structures, or alterations except for single famtly development.
(2) It is required that all site development, structures, buildings, or alterations to same, show
proper design concepts, express honest desIgn construction, and be approprIate to
surroundings.
(B) Building and Structure Requirements:
(1) Buùdings or structures which are a part of a present or future group or complex shall
have a uruty of character and desIgn. The relationship of forms and the use, texture, and
color of materials shall be such as to create a harmoruous whole. When the area
involved forms an integral part of, is immediately adjacent to, or otherwise clearly affects
the future of any estabhshed section of the CIty, the design, scale and location on the sIte
shall enhance rather than detract from the character, value, and attractiveness of the
surroundings.
(2) Buildings or structures located along strips of land or on single sItes, and not a part of a
unified multI-buùding complex, shall strive to acmeve visual harmony with the
surrounchngs If they are built m undeveloped areas, the three primary reqUltements
shall be met: express honest desIgn construction, show proper design concepts, and be
appropnate to the City.
58 ORD NO 64-04
(3) All facades visible to public or adjacent property shall be designed to create a
harmoruous whole. Materials shall express their function clearly and not appear as a
material foreign to the rest of the bwldmg.
(4) To be harmoruous, it is not to be inferred that buildings must look alike or be of the
same style. Harmony can be adueved through the proper consideration of scale,
proportion, slte planrung, landscapillg, materials, and color.
(5) Look-ahke bwldmgs are not allowed unless, in the opinion of the Site Plan Review and
Appearance Board or the H1storic Preservation Board, there 1S suffic1ent separation to
preserve the aesthetic character of the present of evolvillg neighborhood. Tlus 1S not to
be construed to prombit duplication of floor plans and exterior treatment in a planned
development where, ill the opiruon of the Board, the aesthetics of the development
depend upon, or are enhanced by the look-alike buildings and their relationsmp to each
other.
(6) Bwldings, which are of symbolic des1gn for reasons of advertising, unless otherwise
compatible with the critena herein, will not be approved by th1s Board. Symbols
attached to bwldmgs will not be allowed unless they are secondary ill appearance to the
bwlding and landscape and are an aesthetic asset to the bwldmg project and
neighborhood.
(7) Exterior lighting may be used to illuminate a building and lts grounds for safety
purposes, but ill an aesthetic manner. Lighttng 1S not to be used as a form of advertising
ill a manner that 1S not compatible to the neighborhood or ill a manner that draws
cons1derably more attention to the bwldmg or grounds at night than in the day. Lighting
followillg the form of the bwldmg or part of the building will not be allowed if, ill the
opilllon of the Board, the overall effect will be garish or detrimental to the environment.
All fIxtures used ill exterior hghttng are to be selected for functional aesthetic value.
(8) Buildmg surfaces, walls, and roofs that are considered gansh by the Board will be denied
approval.
(9) "Take-out" or "pick-up" windows or doors shall not be located on a building facade that
faces a public nght-of-way, unless they are des1gned ill a manner as to be an aesthetic
asset to the buildmg and ne1ghborhood.
(10) All exterior forms, attached or not to buildings, shall be ill confotlll1ty to, and secondary
to, the building. They shall be an asset to the aesthetics of the site and to the
ne1ghborhood.
59 ORD NO. 64-04
(11) All telephones, vendmg machmes, or any facilitles dispensmg merchandise, or a servIce
on pnvate property, shall be confined to a space built mto the building or buildings or
enclosed m a separate structure compatlble Wlth the mam building.
(12) Gasoline Stations:
(a) Symbolic color of the exterior facades or roofs may not be used unless they are
harmollious Wlth the atmosphere of the neighborhood and the Clty.
(b) Exterior chsplay of goods for sale or displays designating a service will not be
allowed, except that a display of goods and tools of a servIce may be displayed on
the pump island, provided the island lS not considered by the Site Plan Review and
Appearance Board or Historic Preservatlon Board to be enlarged to take advantage
of tlus provlSlon, and provided the goods and tools be such that they can be used
or mstalled at the island. For example: An Oll rack 1S acceptable, but a tire chsplay
lS not.
(13) Outbuildings and Shopping Centers:
(a) Rule: Outbuildmgs within a shopping center shall be compatlble in terms of
color, materials, and architectural style.
(b) Procedure: The Slte Plan Rev"'1ew and Appearance Board shall make a fmding of
such compatibility pnor to approval of outbuilding elevations. If the Board
determmes that there lS not compatlbility with respect to any of the items, then it
shall deny the elevatlons. However, if the Board feels, desplte the incompatibility,
the elevatlons should be approved they shall forward the elevatlons to the City
Comnussion with a recommendation of approval and the Clty Comnussion shall
take final actlon.
(14) Buildings within the Downtown Area: These adchtional critena shall be applicable to
buildmgs located withm the CBD and those areas y;ithin. the CC v;it:hm the West
}~dantfc Neighborhood (W.AN), OSSHAD, and CBD-RC zoning distncts. In case of
conflict, the more restnctlve regulation shall apply. All buildings shall comply wlth the
following reqUlrements:
(i) Roofs and Gutters:
1) Roof eaves above pedestrian walkways must be guttered to promote a
pedestnan fnendly envltonment.
60 ORD NO. 64-04
2) Roofs and gutters must be built of durable matenals and integrated into
the arclutectural design of the bwldmg.
3) Flat roofs shall be screened from adjacent properties and streets with
decorative parapets. The maxunum height of the parapet wall shall be
six feet (6') ill height or sufficient height to screen all roof mounted
eqUlpment, whichever is greater, measured from the top of the roof
deck to the top of the parapet wall. Exception to the height
requirements shall be pursuant to Section 4.3.4G).
4) Roof mounted electrical, mechanical, alt conditioning, and
communication equipment shall be completely screened from adjacent
properties and streets. A sight hne study with the followmg
illformation shall be submitted to Site Plan Review and Appearance
Board for approval:
a) A two-dimensional cross section, at a mmimum scale of 1:100, of
the site showing the building with the equipment screerung in
relation to the adjacent properties or publ1c street.
b) Graphic illustration showing that the equipment is not visible
within a 200 foot rachus. The radius shall be measured from the
extenor side of the screen to a point ten feet (10') above finished
grade.
5) Prohibitions:
a) Flat asphalt shingles.
b) Plastic gutters.
(n) \Valls:
1) Materials:
a) There shall be a maximum of two (2) primary materials, excluding
windows, doors, accents and trims. These materials shall be
appropnate to the bwldmg style and shall be consistent on all
sides of the bwlding. The matenals shall be complementary and
create visual interest, such as shadow and depth, to the building
walls. Materials used to simulate other materials shall count as
61 ORD NO 64-04
---- - ---~
separate materials provlded there is a change m texture, color,
and pattern of the fimsh.
b) Matenals or patterns not expressly prolubited may be used If the
overall effect is complementary to the overall arclutectural
character and context of the adjacent properties.
c) Metal curtain walls shall be hmited to 30% of the total building
exterior elevation.
d) Small setbacks or mdentations, a mirumum depth of eight inches
(8"), shall be mcorporated into a minimum 30% of all building
facades without any windows and doors.
e) Prohibltions:
i) Prefabricated and pre-engmeered metal wall panels.
11) Metal curtain wall systems with 100% glass and metal
combination.
ill) Chain link fences are prohibited except within sites
contairung outdoor recreation uses or facilities such as
baseball, tenrus, racquetball, etc. in wluch case they must be
appropriately screened with landscaping pursuant to
Section 4.6.16.
2) Accessory structures such as penmeter fences and walls, enclosures
used for the screerung of mechanical and electrlcal eqUlpment, loading
and semce areas, and/or dumpster and recycling areas shall be
conslstent wlth the architectural treatment of the prmclpal building.
3) Treatment of blank walls:
a) Where blank walls are unavoidable due to the reqrurements of a
particular land use or structural needs, they shall not exceed a
length of fifty feet (50'), or twenty percent (20%) of the length of
the buùdmg facmg the street, whichever is less.
b) Blank wall sections of allowed lengths shall receive one (1) or
more of the followmg special design treatments m order to
increase pedestrlan comfort or create visualmterest:
62 ORD NO. 64-04
1) Vertical trellis in front of the wall with climbing Villes or
other plant matenals over at least 30% of the blank wall
surface.
ü) Control and expans10n joints used ill a decorative pattern
W1th varied materials or textures and spaced a maximum of
ten feet (10') on center. Rehef and reveal depth, 1f used ill a
pattern, shall be a tmnÏmum of three-quarter (3/4) inch and
shall be a tmnÏmum of 30% percent of the blank wall
surface.
111) Small setbacks, projections, or mdenta tions with a
mirumum depth of etght mches (8"), or intervals of material
change to break up the wall's surface.
iv) Adchtional architectural details such as pilasters, medallions,
decorative panels or castlngs, decorative accent ttles,
louvered vents, or public art shall be integrated on any
exterior wall to avoid a blank wall appearance.
(ill) Arcades, Porches, Trellises, LOggias and Balconies:
1) Materials:
a) Building materials shall be compatible W1th the architectural
treatment of the prillcipal bwlchng.
b) Exterior walls or vertical surfaces shall not exceed %15% of the
length of the arcade, porch, loggia, or balcony.
2) Columns and posts:
a) The spacing between columns shall have a height to width or
width to he1ght ratio of 1:1, 2:1, 2:3, 3:1 or 5:1 or a proportion
that will emphasize the building's vertical or horizontal
articulation or rhythm and mcremental appearance. The
maxnnum spacmg between columns, from centerline to
centerline shall be twenty-four feet (24').
b) Structural columns or posts shall be a mirumum of twelve illches
(12") in w1dth or depth. Decorative posts or columns with or
63 ORD NO. 64-04
without a lateral attachment, such as railings, beams, trellis, or
lattlce, shall be a minimum four inches (4") 111 SIze, width, or
depth.
c) Arches over columns that are part of an arcade shall have no less
than twelve 111ches (12") 111 depth.
(iv) Windows and Doors:
1) W111dow and door shutters and decorative trllns and moldmgs shall be
sized to match the dimenslOns of the wall operungs.
2) The nunimum transparency or glass surface area on the ground floor
wall area of all non-resIdential and nuxed-use butldmgs, shall be a
1D.l1l11TIum of 75% of the wall area for that elevation. All storefronts or
glass areas abutting the street shall be transparent, non-solar or non-
mirrored, and have a light tranStnlSSlOn reduction of no more than
twenty percent (20%).
3) Garage doors, entrances and exits wIth street frontage shall be designed
to have a decorative appearance consIstent WIth the overall
arclutectural composition of the project.
4) All public entrIes, excludmg emergency exits, shall be easily Identifiable
and 111tegrated into the butlding architecture. Each freestanding
principal structure shall have a 1D.l1l11TIum of one clearly defined primary
pubhc entrance feature.
5) Prolubitions:
a) SecurIty bars on storefronts or display windows.
b) Back lit canopies or awrungs, neon or fluorescent lightlng, unless
incorporated 111to the architectural concept of the project or
public artwork and approved by the Site Plan Review and
Appearance Board or the HIstonc Preservation Board. An
example of tlus may be a design element associated with an Art
Deco project.
(v) :tvfiscellaneous:
64 ORD NO. 64-04
1) A change in roof design, doors and wmdow rhythm and arnculation,
and buildmg materials or textures shall be reqmred every 150 feet along
a buildmg's street frontage. Minimum spacmg between the same
architectural composinon shall be 300 feet.
2) A maximum of four (4) base wall colors shall be used for each building,
except as required for artworks as approved by the Site Plan Review
and Appearance Board or Histonc Preservatlon Board.
3) Miscellaneous free standing, wall or ground mounted appurtenances
such as electrical and gas meters, dumpster/ recycling, trash
compactors, gas tanks, air conchtiorung and commurucation eqmpment
shall be enclosed or screened and mtegrated mto the bmldmg's
architectural treatment. The appurtenances shall also be prohibited
wlthm the front yards.
4) Pedestrian amenities shall be integrated into the overall project design.
These features shall be designed as a focal point of a building, Wlthin a
pubhc plaza, or to facilitate pedestrlan movement from a more
mtensive land use such as a retail use to a less mtenslve land use such as
an office use.
5) Stmilar architectural treatment shall be provided on all sides of the
buildmg.
6) Cross-ventilanon, energy efficlency, and green bmlding design shall be
considered for all projects.
(Vl) Parking garages: Above ground parking garages shall comply with the
architectural reqmrements of this Secnon and the followmg adchtional
reqmrements:
1) Ramps shall be visually screened from streets and adjacent residennal
zoning districts and onented towards the mterior of the lot withm a
project where possible. Ramp profiles shall be hidden on the extetlor
elevatlons.
2) Roof top parking shall be visually screened with articulated parapet
walls or other architectural treatment acceptable to the Site Plan
Review and Appearance Board. Extenor lightmg shall utilize fixtures
provlded Wlth cut-off shielding m order to ehmmate glare and spillage
onto adjacent properties and roadways.
65 ORD NO. 64-04
3) The operungs of the garage shall be designed in a manner that obscures
parked vemcles. Decorative architectural elements on the ground floor
level shall be designed to accommodate the pedestrian scale. Parking
levels above the ground floor shall maintain the same vertical and
horizontal artlculation or rhythm and incremental appearance
estabhshed on the ground floor.
4) Due to the reqrurements of a particular land use or structural needs,
parkmg garages or the garage portion of the building may request an
increase from the building frontage reqrurements (to a maximum of
100% for all floors) or a waiver from the setback requirements of
Section 4.4.9(F)(2)(c) and Section 4.4.13(F)(3) (for portlons of the
bwlding above twenty-five feet) subject to comphance with the
followmg reqrurements:
a) The garage or the garage portion of the building elevation
provides unified design elements with the main buildmg through
the use of sunilar matenals and color, vertical and horizontal
elements, and architectural style.
b) A l1l11111T1um 50% of the ground floor penmeter of the garage or
the garage portion of the bwldmg adjacent to street right-of-ways
shall be devoted to wmdow displays or floor area for active uses
such as retaù stores, personal and busmess service establishments,
entertainment, offices, etc.... This number may be reduced by
the Site Plan ReView and Appearance Board or the Histonc
Preservation Board.
c) Arcmtectural features shall be incorporated into the facade to
mitigate the bwldmg's mass and bulk and along portions of the
building adjacent to street right-of-ways.
(vü) In addition to the requirements of t:ht.s Section, buildings within the
Pmeapple Grove }'hin Street Neighborhood shall comply with the Design
Gmdehnes contamed withm the Pineapple Grove Main Street Neighborhood
Plan. The Pmeapple Grove Design Review COmmlttee shall review the
project for comphance With the Pineapple Grove Neighborhood Plan prior
to action by the Site Plan Review and Appearance Board and the Historical
Preservation Board.
66 ORD NO 64-04
(C) Exterior Space: The scale of exterior space IS to be relative to Its neighborhood, adjacent
properties, bmldmgs, access (roads and pedestrian routes), and its activity. Building facades
enclosing a space must be harmonious. \Vhere, because of thelt use or age, hke facades are
not possIble, consideration should be given to urufying the walls of the space by the
apphcation of landscapmg, or man-made objects of like desIgn, at modular spacing. The floor
of a space IS of primary 11llportance. Its matenals, texture, and color, contour, and shadow on
it are to be consIdered, not only ill relation to the space, but to its settmg. Careful
consideration shall be gIven to the preservation of natural Vlstas and to the future development
of vistas which open illto undeveloped areas.
(D) Parking Lots and Vehicular Use Areas:
(1) Parkmg lots and other vehicular use areas are to be designed as an aesthetic asset to a
neighborhood and to the building, group of bmldmgs, or facility they serve. A parking
lot IS to be considered an outsIde, transitional space wruch is located between the access
(such as roads) and the bmldmg, group of buildings, or other outside spaces, wruch it
serves. The parkmg lot, because it is viewed from above as well as at eye level, should be
designed accordmgly.
(2) Parking lots, verucular use areas, and their parked vehicles are to be effectively screened
from the pubhc View and from adjacent property ill a manner that is attractive and
compatible with safety, the neighborhood, and facilities served.
(3) The atmosphere within the parkmg lot and vehicular use area 1S to be park-like, rather
than the harsh hardstand of paving. Trees are of prunary 11llportance in the landscape.
They are not to be tn111Ím1zed in either he1ght or quantity. The tree 11llparts, especially in
a relatively flat area, a sense of three-dimens10nal space. It casts shadows that reduce the
monotony of the expanse of paving and creates a refuge from the trop1cal sun. Signs
des1gnatmg entrances, eXlts, and regulations are to be of a tasteful des1gn and subject to
reV1ew by the S1te Plan Rev1ew and Appearance Board or the H1stonc Preservation
Board. The pavement is to be more than wall-to-wall asphalt.
(4) It 1S recommended that pavement be varied ill texture or color des1gnating lanes for
automobile traffic, pedestrian walks, and parkmg spaces. Bright-colored pavement is to
be used only with restraillt. In order to create a pleasant atmosphere, 1t 1S recommended
that consideration be given to sculpture, fountains, gardens, pools, and benches. Design
emphasis 1S to be given to the entrances and exits to the lot. Trash, refuse, and
unaesthetic storage and mecharucal eqmpment should be screened from the parkmg lot.
(5) Lighting 1S to be designed not only from the standpoint of safety and res1stance to
vandalism, but for visual effect. It should avoid any annoyance to the neighbors from
bnghtness or glare. It should not impart a pnson-hke atmosphere. Low hghts of a
67 ORD NO. 64-04
modest scale can be used along wIth feature hghting emphasizing plants, trees, barners,
entrances, and eXlts. The ftxtures are to be selected not only for their functlonal value,
but for their aesthetlc quahtles. They are to be consIdered furruture of the parkmg lot
visIble both day and night.
(E) Criteria for Board Action: The following cnteria shall be consIdered, by the Site Plan Review
and Appearance Board or HIstonc Preservatlon Board, ill the review of plans for bmldmg
pernuts.
If the following cnterIa are not met, the apphcatlon shall be disapproved.
(1) The plan or the proposed structure is in confornuty with good taste, good design, and in
general, contnbutes to the image of the CIty as a place of beauty, spaclOusness, harmony,
taste, fttness, broad VIstaS, and lligh quahty.
(2) The proposed structure, or project, is ill its exterior des1g11 and appearance of quality
such as not to cause the nature of the local envltonment or evolvmg environment to
matenally depreClate ill appearance and value.
(3) The proposed structure, or project, is in harmony with the proposed developments in
the general area, "vith the ComprehensIve Plan, and wIth the supplemental cnteria which
may be set forth for the Board from time to tltne.
SECTION 11. SEVERABILITY: That should any section or provislOn of this ordmance or any
portlon thereof, any paragraph, sentence, or word be declared by a curt of portion thereof, any
paragraph, sentence, or word be declared by a court of competent Jurischctlon to be illvalid, such
decision shall not affect the validity of the remaillder hereof as a whole or part thereof other than
the part declared to be illvahd.
SECTION 12. REPEAL OF LAWS IN CONFLICT: That all ordinances or parts of ordinances
in conflict herewith be, and the same are hereby repealed.
SECTION 13. INCLUSION IN THE LAND DEVELOPMENT REGULATIONS: The
provision of this ordmance shall become and be made a part of the Land Development Regulations
of Delray Beach, Florida. The Sectlons of the ordinance may be renumbered or re-lettered to
accomplish such, and the word "ordinance" may be changed to "section," "article," or any other
appropriate word.
SECTION 14. EFFECTIVE DATE: The provlslOns of this ordinance shall become effective
immechately upon the effectlve date of Ordmance 31-04.
68 ORD NO. 64-04
PASSED AND ADOPTED m regular session on second and fmal readmg on this the _ day of
,2004.
MAYOR
ATTEST:
City Clerk
Fitst Reading
Second Reading
69 ORD NO 64-04
--
CC~ cM'()lann¿
CITY Of DELRAY BEACH
NOTICE Of PROPOSED AMENDMENT' TO
THE LAND DEVELOPMENT REGULATIONS
AMENDING CHAPTER fOUR IIZONING
REGULATIONS" TO PROVIDE fOR THE ....
ZONING DESIGNATION CHANGE Of THE C)
co:>
c.
WEST ATLANTIC NEIGHBORHOOD AREA n
'"
:J:
~
fROM GENERAL COMMERCIAL (GC) TO' ð
'"
ã
CENTRAL BUSINESS DISTRICT (CaD) '<
O:J
<Þ
(!!
::r
The City Commission of the City of Delray Beach, Flonda, proposes 10 adopt the z
<Þ
following ordinance ~
I
¡:4
ORDINANCE NO. 64-04 i
C>.
~
AN ORDINANCE OF THE CITY COMMISSION OF iHE CITY OF DElRAY BEACH, z
~
FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF iHE CODE 3
OF ORDINANCES, BY AMENDING SUB-SUBSECTION 43 3(Oj{1), "APPUCA- 0-
!!I
TION"; Sl,IB-SUBSECTlON 43 4(J)(4), "INCREASES TO HEIGHT REGULATIONS", ~
SUBSECTION 43 4(K), "DEVELOPMENT STANDARDS t-o\ATRIX"; SEGION 4.49, '"
C>.
"GENERAL COMMERCIAL (Ge¡ DISTRlG, SECTION 44.13, "CENTRAL BUSINESS ~
<Þ
(CBD) DISTRIG", SUBSEŒON 44.24(F), "DEVELOPMENT STANDARDS"; SEC- :!:.
~
TlON 456, 'THE WEST ATlANTIC OVERLAY DfSTRIG"; SUBSECTION 4.6.4(A , :z
0
"COMMERCIAL ZONING ADJACENT TO RESIDENTIAL ZONING OR ZONING <
'"
DISTRIGS WITH A iHIRTY·FIVE (35) FOOT HEIGHT UMITATION"; SUB-SUBSEC- 3
CT
TlON 46 9(E)(3), "IN-uEU FEE" AND SUBSECTION 4.6.18, "ARCHITEGURAL !!I
-
ELEVATIONS AND AESTHETICS", PROVIDING A SAVING CLAUSE, A GENERAL p
N
REPEALER CLAUSE, AND AN EFFECTIVE DATE. 0
0
.þ.
.
The City Commission will conduct two (2) Public Heanngs for the purpose of accept- I
. Ing public testimony regarding the prOposed ordinance The first Public Hearing will b-
be held on TUESDAY, NOVEMBER 2, 2004, AT 7:00 P.M. in the Commission 0
n
'"
Chambers at City Hall, 100 N.W 1st Avenue, Delray Beach, Flonda IF the pro- ~
<1J
::I!
posed ordinance is passed on first reaèJing, a second Public Hearing will be held on '"
0
TUESDAY, NOVEMBER 16, 2004, AT 7:00 P.M. (or at any continuation of 0
3
such n'eeting which is set by the Commission).
All interested citizens are invited to attend the public hearings and comment upon
the proposed ordinance or submit their comments in writing on or before the date
of these hearings 10 the Planning and Zoning Department For further information
or to obtain a copy of the proposed ordinance, please contact the Planning and
Zoning Department, City Hall, 100 N.W 1 st Avenue, Delroy Beach, Florida 33444
(email at pzmCl/@mydelraybeach.com or by calling 561/243-7040), between the
hours of 8 00 a.m. and 5 00 p.m , Monday through Friday, excluding holidays
PLEASE BE ADVISED THAT IF A PERSON DECIDES TO APPEAL ANY DECISION
MADE BY iHE CITY COMMISSION WliH RESPEG TO ANY MAnER CONSIDERED
AT iHESE HEARINGS, SUCH PERSON MAY NEED TO ENSURE iHAT A VERBATIM
RECORD INCLUDES iHE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL .
IS TO BE BASED THE CITY DOES NOT PROVIDE NOR PREPARE SUCH RECORD
PURSUANT TO F.S 286 01 05.
CITY OF DEIRAY BEACH
Chevelle D. Nubìn
Acting City clerk
PUBUSH: Monday, October 25, 2004
Tuesday, November 9, 2004
AD# NS 100473
--- ---
· ., U'. ~c1Ao{ t1tIn¿ J
cW
CITY OF DELRAY BEACH
NOTICE OF PROPOS,ED AMENDMENT TO
THE LAND DEVELOPMENT REGULATIONS
AMENDING CHAPTER FOUR IIZONING --
REGULATIONS" TO PROVIDE FOR THE
ZONING DESIGNATION CHANGE OF THE
WEST ATLANTIC NEIGHBORHOOD AREA
FROM GENERAL COMMERCIAL (GC) TO
CENTRAL BUSINESS DISTRICT (CBD)
The City Commission of the City of Delroy Beach, Florida, proposes to adopt the
E following ordinance: '
8
1 ORDINANCE NO. 64-04
CD
I AN ORDINANCE OF THE CllY COMMISSION OF THE CllY OF DELRAY BEACH,
I FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CODE
. OF ORDINANCES, BY AMENDING SUB-SUBSEOIONA.3.3(O)(1), "APPUCA-
g TION"; SUB-SUBSECTION 4.3.4(J)(4). "INCREASES TO HEIGHT REGULATIONS";
N SUBSECTION 4.3.4(1<), "DEVELOPMENT STANDARDS MATRIXH, SEOIÒN 4.4.9,
oñ "GENERAL COMMERCIAL (Gel DISTRla; SEOION 44.13, "CENTRAL BUSINESS
N
õ> (CBD) DISTRla"; SUBSEOION 4.4.24(F). "DEVELOPMENT STANDARDS"; SEC-
.CI TION 456, "THE WEST ATlANTIC OVERlAY DISTRla", SUBSEOION 4.6.4(A).
-§
0 "COMMERCIAL ZONING ADJACENT TO RESIDENTIAL ZONING OR ZONING
~ DISTRlaS WITH A THIRlY-FIVE (35) FOOT HEIGHT UMITATION", SUB-SUBSEC-
...
0::: TION 4.6.9(E)(31, "IN-UEU FEE" AND SUBSEOION 4.6 1 B, "ARCHITECTURAL
~ ELEVATIONS AND AESTHETICS", PROVIDING A SAVING CLAUSE, A GENERAL
I
'~ REPEALER CLAUSE, AND AN EFFEOIVE DATE.
CD
z
~ The City Commission will conduct two (2) Public Hearings For the purpose of accept-
CD ing public testimony regarding the proposed ordinance. The First Public Hearing will
<C
>. be held on TUESDAY. NOVEMBER 2, 2004, AT 7:00 P.M. in the Commission
I.'! Chambers at City Hall, 100 N.W. 1 st Avenue, Delray Beach, Florida. IF the pro-
-æ
.~ posed ordinance is possed on First reading, a second Public Hearing will be held on
.s TUESDAY. NOVEMBER 16. 2004, AT 7:00 P.M. (or at any continuation of
r!2
B such meeting which is set by the Commission).
..
en
c· All interested citizens are invited to attend the public hearings and comment upon
.... the proposed ordinance or submit their comments in writing on or before the dafe
of these hearings to the Planning and Zoning Department. For further information
or to obtain a copy of the proposed ordinance, please contact the Planning and
Zoning Department, City Hall, 100 N.W. 1 st Avenue, Delray Beach, Florida 334M
(email at pzmail@mydelrqybeach.coml or by calling 561/243-7040), between the
hours of 8:00 a.m. and 5:00 p m_, Monday through Fr~day, excluding holidays.
PLEASE BE ADVISED THAT IF A PERSON DECIDES TO APPEAL ANY DECISION
MADE BY THE CllY COMMISSION WITH RESPECT TO ANY MATTER CONSIDERED
AT THESE HEARINGS, SUCH PERSON MAY NEED TO ENSURE THAT A VERBATIM
RECORD INCtUDES THE TESTIMONY AND EVIDENCE UPON WHJCH THE APPEAL
IS TO BE BASED. THE CllY DOES NOT PROVIDE NOR PREPARE SUCH RECORD
PURSUANT TO F.S. 286.0105
CITY OF DELRAY BEACH
Chevelle D Nubin .
Acting City Clerk
PUBUSH: Monday, October 25, 2004
Tuesday; November 9,2004
AD#: NS 1 0047~