Ord 02-15ORDINANCE NO. 02 -15
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT
REGULATIONS OF THE CITY OF DELRAY BEACH; REPEALING AND
REPLACING SECTION 4.4.13 "CENTRAL BUSINESS DISTRICT (CBD)"
WITH NEW ZONING REGULATIONS; REDUCING THE ALLOWABLE
BUILDING HEIGHT ON ATLANTIC AVENUE BETWEEN SWINTON
AVENUE AND THE INTRACOASTAL WATERWAY; PROVIDING A
SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN
EFFECTIVE DATE.
WHEREAS, the Delray Beach Comprehensive Plan seeks to enhance Delray Beach's compact
and vibrant downtown business districts from the Atlantic Ocean to Interstate 95 while retaining the
distinctive character of each district; and
WHEREAS, the City Commission seeks to update its land development regulations to ensure the
highest quality built environment and enhance multi -modal mobility options; and
WHEREAS, the existing land development regulations for the Central Business District need to
be reorganized and substantially modified to snake these regulations understandable to the public,
predictable to landowners, and easier for the city to administer; and
WHEREAS, prior to public hearings before the City Commission, all proposed amendments to
the city's land development regulations must be reviewed by the Plam- ing and Zoning Board pursuant to
LDR Section 1.1.6. The Planning and Zoning Board reviewed these amendments at a public hearing held
on October 6, 2014 and recommended on a vote of 6 -0 that the City Commission approve these
amendments. Pursuant to Florida Statutes 163.3174(4)(c), the Planning and Zoning Board, sitting as the
Local Planning Agency, has detennined these amendments to be consistent with the Delray Beach
Comprehensive Plan; and
WHEREAS, the City Commission, at duly noticed public hearings on ��' �� rZ 'd, 2015,
and on ebr q0 �4 4 .; 2015, received and considered comments from the Planning an Zoning Board
and from the public, and gave careful consideration to all aspects of this ordinance; and
WHEREAS, the City Commission has determined it to be in the best interest of the City of
Delray Beach that the land development regulations be amended as described in this ordinance.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF DELRAY
BEACH, AS FOLLOWS:
Section 1. That Section 4.4.13 of the land development regulations, "Central Business District
(CBD)," hereby deleted in its entirety and replaced with a new Section 4.4.13, which is set forth in
ORD. NO. 02 -15
Exhibit "A" to this ordinance and made a part hereof. For clarity, the deleted Section of 4.4.13 is attached
hereto as Exhibit "B," and made a part hereof.
Section 2. That should any section or provision of this ordinance, or any paragraph, sentence, or word
thereof, be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the
validity of the remainder of this ordinance as a whole or part thereof other than the part declared to be
invalid.
Section 3. That all ordinances or parts of ordinances in conflict herewith are hereby repeated.
Section 4. That this ordinance shall become effective upon its adoption on second and final reading.
4-h
PASSED AND ADOPTED in regular session on second and fmal reading on this day of
,2015.
MAYOR
ATTEST:
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J City Cleric
First Reading: P ro tr f
Second Reading: T 42 7` irv� �'`�� 2 0/ 5
2 ORD. NO. 02 -15
Coversheet
MEMORANDUM
TO: Mayor and City Commissioners
FROM: Donald B. Cooper, City Manager
DATE: February 13, 2015
Page 1 of 1
SUBJECT: AGENDA ITEM 10.A. - REGULAR COMMISSION MEETING OF FEBRUARY 24, 2015
ORDINANCE NO. 02 -15 (SECOND READING /SECOND PUBLIC HEARING)
BACKGROUND
At the first reading on February 3, 2015, the Commission passed Ordinance 02 -15.
LEGAL DEPARTMENT REVIEW
Approved as to form and legal sufficiency.
DISCUSSION
This ordinance is before Commission for second reading to consider city- initiated amendment to the
Land Development Regulations (LDR) of the City of Delray Beach; Repealing and Replacing Section
4.4.13, "Central Business District (CBD) ", with new zoning regulations and reducing the allowable
building height on Atlantic Avenue between Swinton Avenue and Intracoastal Waterway.
RECOMMENDATION
Recommend approval of Ordinance No. 02 -15 on second and final reading.
http: // itwebapp /AgendaIntranetBluesheet .aspx ?ItemfD= 8863 &MeetinglD=545 3/23/2015
EXHIBIT A SECTION 4.4.13
DRAFT: 2/11/15
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 Delray Beach and
simultaneously provide for the
stimulation and enhancement of the
vitality and economic growth of this
special area. In order to respond to
changing conditions in the area, these
land development regulations shall be
re- evaluated by February 2018 for their
effectiveness in shaping the desired
downtown environment. 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, 4.4.13 -2, 4.4.13 -3,
4.4.13 -4 provide for development that is
consistent with the adopted Downtown
Delray Beach Master Plan.
(1) Central Core Sub - District: 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.
Figure 4.4.13 -1 — Central Core Sub - district
4.4-58
SECTION 4.4.13 (A)
DRAFT: DRAFT: 2/11/15
(2) Beach Sub - District: The goal for this sub - district 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.
Figure 4.4.13 -2 — Beach Sub - district
4.4-59
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4.4-59
SECTION 4.4.13 (A)
DRAFT: 2/11/15
(3) West Atlantic Neighborhood Sub - district: The goal for this sub - district 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 existing neighborhoods, while promoting a
pedestrian friendly commercial area along Atlantic Avenue that contains a mix of
residential, commercial and civic functions. Businesses that are oriented toward serving
the local neighborhood, as opposed to a regional area, are encouraged.
Figure 4.4.13 -3 — West Atlantic Neighborhood Sub - district
4.4-60
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4.4-60
(4) Railroad Corridor Sub - district:
The goal for this sub - district is to
allow for development of light
industrial type uses on properties
that are in the downtown area, but
are in close proximity to the FEC
railroad. The purpose of the area is
to recognize the long- standing light
industrial character of this railroad
corridor; to provide for the upgrading
and expansion of existing uses
when appropriate; and to enhance
the economic growth of the central
business district by providing
employment opportunities in the
downtown area. This sub - district is
comprised of two nodes, one in
northern part of the CBD and one in
the southern part of the CBD, as
shown in Figure 4.4.13 -4.
SECTION 4.4.13 (A)
DRAFT: 2/11/15
Figure 4.4.13 -4 - Railroad Corridor Sub - district
4.4-61
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4.4-61
SECTION 4.4.13 (B)
DRAFT: 2/11/15
(B) Regulating Plans. The Delray Beach Central Business District Regulating
Plans depict additional information necessary to apply the standards contained in this
Section and are hereby officially adopted as an integral part of these regulations. A
Regulating Plan for each CBD Sub - District is provided in this section and versions at
larger scales are available in the Planning and Zoning Department. The Regulating
Plans depict the following information:
(1) Primary and Secondary Streets and Alleys. Primary Streets are
intended to develop over time as superior pedestrian environments and, as such,
are held to higher standards in the regulations regarding building placement,
building frontage, and the location of parking and service uses. Streets not
designated as Primary Streets are considered Secondary Streets, which can
accommodate service functions and vehicular- oriented development needs,
including parking, loading, and drive - through facilities. Alleys are important assets
in the CBD, performing many functions within small rights -of -way.
(2) Required Retail Frontage. Certain streets within the CBD are intended to
be lively, highly active pedestrian environments that support businesses and
reinforce local character. Streets designated as Required Retail Frontage are held
to stricter standards regarding allowable frontage types and uses located within
side -walk level stories.
(3) Parking and Transit Locations. The locations of public parking garages
and the planned Tri -Rail Coastal Link station are mapped on the Regulating Plan.
Parking requirements may be adjusted based on the proximity to these
transportation resources. In addition, the Atlantic Avenue Parking Area is mapped,
which has special parking requirements for restaurant and lounge uses. See
Section 4.4.13(I).
(4) Atlantic Avenue Limited Height Area. Building height is limited on a
portion of Atlantic Avenue to help maintain the unique character of the City's historic
main street. See Section 4.4.13(D).
(5) West Atlantic Neighborhood Commercial Area. The location of
commercial uses is limited within the West Atlantic Neighborhood Sub - district to
protect established residential areas from commercial intrusion.
(6) Old School Square Historic Arts District ( OSSHAD) Zoning with CBD
Overlay. Properties with OSSHAD Zoning with CBD Overlay may follow the
Central Core Sub - district development standards for principal and accessory uses
only and may not apply for conditional uses or participate in the Incentive Program
in Section 4.4.13(H).
4.4-62
W.
SECTION 4.4.13 (B)
DRAFT: 2/11/15
Figure 4.4.13 -5 — Central Core & Beach Sub - districts Regulating Plan
N
LEGEND
J \X y CBD ZONING
CENTRAL CORE
CIE, BEACH
Ate.
" HN°o
" ATLANTIC AVENUE LIMITED HEIGHT AREA
REQUIRED RETAIL FRONTAGE
ELLH l—L I Pax PRIMARY STREETS
PINEAPPLE GROVE NEIGHBORHOOD PLAN
s*.
ATLANTIC AVENUE PARKING DISTRICT
cnfa+s ' PLANNED TAI -RAIL COASTAL LINK STATION
G PUBLIC PARKING GARAGE
am pSSHAD ZONING WITH CSO OVERLAY
w
oa�s�ex
F�sr �x
BEAGf to
4.4-63
SECTION 4.4.13 (B)
DRAFT: 2/11/15
Figure 4.4.13 -6 — West Atlantic Neighborhood Sub - district Regulating Plan
M " .1.rL *]k9I m
WEST ATLANTIC NEIGHBORHOOD
WEST ATLANTIC NEIGHBORHOOD COMMERCIAL AREA
REQUIRED RETAIL FRONTAGE
PRIMARYSTREETS
PUBLIC PARKING GARAGE
LEGEND
4.4-64
SECTION 4.4.13 (B)
DRAFT: 2/11/15
Figure 4.4.13 -7 — Railroad Corridor Sub - district Regulating Plan
LEGEND
CBD ZONING
RAILROAD CORRIDOR
PINEAPPLE GROVE NEIGHBORHOOD PLAN
PRIMARY STREETS
4.4-65
SECTION 4.4.13 (C)
DRAFT: 2/11/15
(C) Allowable Uses
(1) Principal, Accessory, and Conditional Uses. Table 4.4.13(A) identifies
the allowable principal, accessory, and conditional uses for each area of the CBD.
See Section 4.4.13(J) for approval standards. Streets designated as "Primary
Streets" or "Required Retail Streets" on the Regulating Plan have additional
standards.
(2) Use Variations for Primary and Secondary Streets. Primary Streets are
intended to be superior pedestrian environments and, as such, are held to higher
standards regarding the location of certain uses, including parking. The Regulating
Plan designates certain streets as "Primary Streets" and all other streets are
considered to be "Secondary Streets."
(a) Where a principal or accessory use does not have an "S" in Table
4.4.13(A), the use is permitted on both Primary and Secondary streets.
(b) Where a principal or accessory use in Table 4.4.13(A) has an "S" in the
column, the use is a "Secondary Street" use.
1. Secondary Street uses are permitted without limitations on
Secondary Streets.
2. On Primary Streets, Secondary Street uses (including parking garage
levels) shall be lined along the street for a depth of at least 20 feet on
all stories by a use permitted on all streets (see Figure 4.4.13 -8).
3. On Primary Streets, Public Parking Garages (as mapped on a
regulating plan) shall be lined along the sidewalk level for a depth of
at least 20 feet by a use permitted on all streets; a use liner is not
required on upper levels.
(c) The standards for Conditional Uses are in Section 4.4.13(K).
4.4-66
SECTION 4.4.13 (C)
DRAFT: 2/11/15
Figure 4.4.13 -8 — Primary & Secondary Street Uses
® Use Permitted on All Streets
Secondary Street Use
® Use Permitted on All Streets
Secondary Street Use
(3) Use Limitations on Required Retail Frontages. Streets designated on
the Regulating Plan with Required Retail Frontage are intended to be lively, highly
active pedestrian environments that support businesses and reinforce local
character. Properties on streets designated with Required Retail Frontage have
use and frontage type standards that apply to the sidewalk level story.
(a) All Districts.
1. Residential units, including multi - family and live -work, are not
permitted in the sidewalk -level story on streets with Required Retail
Frontage.
2. On Required Retail Streets, buildings shall use either a Storefront or
Arcade frontage type (See Section 4.4.13(E)).
(b) Central Core and Beach Sub - districts. 100% of the building frontage
of the sidewalk level story shall be for the following uses (as described in Table
4.4.13(A)), for a minimum depth of 20 feet:
1. General retail uses and /or facilities, except that sales of automotive
parts, lawn care equipment, or second hand material (other than
verifiable antiques) are not permitted.
2. Services and facilities
3. Hotels, motels, or residence -type inns
4.4-67
SECTION 4.4.13 (C)
DRAFT: 2/11/15
(c) West Atlantic Neighborhood Sub - district
1. At least 50% of the building frontage of the sidewalk level story shall
be for the following uses (as described in Table 4.4.13(A)), for a
minimum depth of 20 feet:
a. General retail uses and /or facilities, except that sales of
automotive parts, lawn care equipment, firearms, or second hand
material (other than verifiable antiques) are not permitted.
b. Services and facilities
c. Hotels, motels, or residential -type inns as a Conditional Use
2. Up to 50% of the building frontage of the sidewalk level may be for
business, professional, and medical uses; more than 50% may be
approved as a Conditional Use.
4.4-68
SECTION 4.4.13 (C)
DRAFT: 2/11/15
Table 4.4.13 (A) -Allowable Uses in the CBD Sub - Districts
West
Atlantis
Central Railroad Beach Neigh.
Core Corridor Area
General retail uses and /or facilities, as in GC district (4.4.9)' z
P
P
P
P
Business, professional, and medical uses, as in GC district (4.4.9)
P
P
P
P
Services and facilities, as in GC district (4.4.9)
P
P
P
P
Multiple - family dwellings3, including residential licensed service provider facilities
P
P
P
P
Assisted living facilities, nursing homes, and continuing care facilities
P
P
P
P
Live /work units (see 4.3.3(KKK))
P
P
P
P
Hotels, motels, and residential -type inns3 (see 4.3.3(M) and 4.3.3 (X))
P
P
P
C
Bed and breakfast inns (see 4.3.3 (Y))
P
P
P
C
Public Parking Garages, as mapped on a Regulating plan
P'S
P'S
P'S
P'S
Fabrication and /or Assembly
-
P
-
-
Wholesaling, Storage, and Distribution
-
P
-
-
Contractor and trade services
-
P
-
-
Automobile brokerage, including vehicle display within an enclosed structure
-
P
-
-
Family day care homes (see 4.3.3(T))
A
A
A
A
Home occupations (see 4.3.3(K))
A
A
A
A
Mechanical parking lifts (see 4.6.9(D)(11) and 4.6.9(F)(4))
A,S
A
A,S
A,S
Parking areas and refuse and service areas
A,S
A
A,S
A,S
Recreational facilities (for a multiple - family complex)
A
A
A
A
Services and repair (incidental to the principal use)
A,S
A
A,S
A,S
Single- family dwelling (occupied by owner, proprietor, or employee of the principal use)
A
A
A
A
Storage of inventory (not shared or leased independent of the principal use)
A,S
A
A,S
A,S
Automobile repair
_
C
Child care and adult day care facilities (see 4.3.3(E))
C
C
C
C
Commercial recreation, such as bowling alleys and skating rinks
C
C
C
C
Community residential homes (see 4.3.3(1))
C
C
C
C
Drive - through facilities (serving banks, restaurants, retail uses, etc.)
C
C
C
C
Food Preparation and /or Processing
-
C
-
-
Flea markets, bazaars, and similar retail uses
C
C
C
C
Funeral homes, including accessory uses such as a chapel or crematory
C
C
C
C
Gasoline stations and /or car washes
C
C
-
-
Group homes, Type 2 only (see 4.3.3(1))
C
C
C
C
Large family child care homes (see 4.3.3(TT))
C
C
C
C
Dry - cleaning Processing Plants
-
C
-
-
Segway tours and Segway sales (see 4.3.3(ZZZZ))
C
C
C
C
Theaters, excluding drive -ins
C
C
C
C
Veterinary Clinics
C
C
C
C
24 -hour or late -night businesses, within 300' of residential property (see 4.3.3(VV))
C
C
C
C
LEGEND: P = Principal Use A = Accessory Use C = Conditional Use - = Prohibited Use S = Secondary Street Use
Sales of automotive parts, lawn care equipment, firearms, or second hand material (other than verifiable antiques) are not allowed
on properties facing a street designated as a Required Retail Street on the Regulating Plan or in the West Atlantic Neighborhood.
2 See Section 4.4.13 (C)(4)(c) for limitations on the rental of sporting goods and equipment.
3 For density limits, see Section 4.4.13(D).
4 Not self storage facilities; products and materials shall not exceed 55 gallons of any substance which is listed on the Generic
Substances List of the Palm Beach County Wellfield Protection Ordinance (Ref.: Palm Beach County LDC, Article 9, Section 9.3)
5 See Section 4.4.13(C)(4)(a) for limits on Commercial use locations in the West Atlantic Neighborhood Sub - district
4.4-69
SECTION 4.4.13 (C)
DRAFT: 2/11/15
(4) Supplemental Use Standards.
(a) Sporting Goods /Equipment Rentals. 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).
(b) Worker Transport /Assembly Points. 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.
(c) West Atlantic Neighborhood District Supplemental Use Standards: The
following supplemental district regulations apply in the West Atlantic Neighborhood
Sub - district:
1. West Atlantic Neighborhood Commercial Area. Commercial
structures are allowed on NW 5th Avenue, SW 5th Avenue, and may
extend up to 150 feet from Atlantic Avenue. Accessory uses such as
parking areas, landscaping, and drainage retention areas may extend
beyond the 150 foot limit. Full service grocery stores may extend
beyond the 150 foot limit with approval by the SPRAB of a site plan
design that ensures compatible transitions between commercial and
residential areas. Establishment or expansion of other structures
beyond the 150 foot limit may be allowed as a conditional use, subject
to the required findings of Section 2.4.5(E)(5). The West Atlantic
Neighborhood Commercial Area is mapped on the West Atlantic
Neighborhood Regulating Plan.
2. There is no restriction on repair and /or reconstruction of non-
conforming single family residences located a minimum of 150 feet from
Atlantic Avenue.
(d) Railroad Corridor District Supplemental Use Standards: Within the
Railroad Corridor Sub - district, except for outside storage approved pursuant to
Section 4.6.6(C)(2), all principal and conditional uses shall be conducted within an
enclosed building.
4.4-70
SECTION 4.4.13 (D)
DRAFT: 2/11/15
(D) Configuration of Buildings:
(1) Standards for CBD Generally. The following building configuration
standards apply to all CBD Sub - districts:
(a) Building Height. Unless otherwise specified herein, the height of
buildings shall be measured in and regulated by the number of stories
and the maximum overall building height(See Table 4.4.13(C)).
Increasing the maximum number of stories allowed may not be approved
as a waiver. Stories are measured from the finished floor to finished
ceiling. See Figure 4.4.13 -10.
1. Within the Atlantic Avenue Limited Height Area, maximum overall
building height in feet is 38 feet and maximum building height in
number of stories is three. The Atlantic Avenue Height Limit Area is
defined as those properties, or portions of properties, located within
125 feet north or south of the Atlantic Avenue right -of -way line,
between Swinton Avenue and the Intercoastal Waterway. (See
Figure 4.4.13 -5).
2. Except within the Atlantic Avenue Limited Height Area, maximum
overall building height in feet is 54 feet and maximum building height
in number of stories is four. For the purposes of this section, height
is measured from the average crown of road or the FEMA published
minimum finished floor elevation (whichever is greater) to the highest
finished roof surface of a flat roof or the soffit of a gable, hip, or
gambrel roof.
3. Stories located below grade are for parking or storage uses only and
are not counted for the purpose of measuring building height. If the
floor of the first habitable story is elevated more than four feet above
the adjacent sidewalk, the space below counts as the first story for
the purposes of measuring building height.
4. The ground story of commercial or mixed -use buildings shall be a
minimum of 12 feet tall.
5. The ground story of residential buildings shall be a minimum of 10
feet tall.
6. Each story above the ground story in all buildings must be at least
4-9-9 feet tall.
7. Mezzanines that exceed 15 percent of floor area are counted as
stories for the purpose of measuring height.
4.4-71
SECTION 4.4.13 (D)
DRAFT: 2/11/15
8. Each parking garage level exposed to a street or civic open space
shall be counted as a story for the purposes of measuring height.
Parking levels fully concealed from view by a story containing an
active use (i.e. retail, residential, office) are not counted as stories
for the purpose of measuring height. See Figure 4.4.13 -9.
9. Within the Central Core, Railroad Corridor, and Beach Sub - districts,
residential units must have the floor of the first habitable story
elevated at least 18 inches above the adjacent sidewalk. Within the
West Atlantic Neighborhood Sub - district, residential units must have
the floor of the first habitable story elevated at least 12 inches above
the adjacent sidewalk. Lobbies and common areas in multi -unit or
mixed -use buildings may have a lower ground floor finish level.
10. Flat roofs shall be enclosed by parapets which shall conform to the
standards in Section 4.3.4(J)(3)(c). Green roofs are encouraged.
11. Mechanical equipment necessary to the operation or maintenance of
the building such as, but not limited to, elevator, stair, and
mechanical rooms, cooling towers, vent stacks and antennae shall
be screened in such a manner that the enclosure is an integral part
of the overall building design, provides a balanced and graceful
silhouette, and ameliorates the visual impact from adjacent
buildings. Minor features not exceeding one foot in height shall be
exempted from this regulation.
12. Architectural features including church spires, steeples, belfries, and
cupolas are not limited by story height; however, any part of any
such feature shall not extend above the height of sixty -four feet (64')
unless specifically approved by action of the City Commission.
Figure 4.4.13 -9 — Counting the Number of Stories
® Active Use
® 'Parking
4.4-72
3 -Story Building
Parking Level Exposed to Secondary Street
PL
i
3rd story i
2nd story
7st story
SECONDARY
ST -REET
SECTION 4.4.13 (D)
DRAFT: 2/11/15
Figure 4.4.13 -10 - Measuring Building Height
PL
Q E ■ I
I
I
Q I
Q I
c 8
Commercial
Residential
Table 4.4.13(B)
Building Height
A
Maximum Building Height in the Atlantic
3 stories & 38 ft.
Avenue Limited Height Area
A
Maximum Building Height outside of the
4 stories & 54 ft.
Atlantic Avenue Limited Height Area
B
Ground Floor Finish Level
Commercial Uses
6" max.
Residential Units in the Beach, Central Core,
18" min.
and Railroad Corridor Sub - districts
Residential Units in the West Atlantic
12" min.
Neighborhood Sub - district
C
Ground Story Height
Commercial and Mixed -Use Buildings
12 ft. min.
Residential Buildings
10 ft. min.
D
Upper Story Height
440-9 ft. min.
E
Additional Setback Above 3rd Story
varies
4.4-73
SECTION 4.4.13 (D)
DRAFT: 2/11/15
(b) Building Placement.
1. Front setbacks shall be measured from the property lines coinciding
with public rights -of -way, including streets and parks.
a. Awnings, porches, balconies, stoops and arcades may encroach
into the setbacks as set forth in Section 4.4.13(E).
b. Roof Eaves may encroach into the setbacks a maximum of four
feet (4').
Figure 4.4.13 - 11 - Building Frontage Requirement
A + B = Total Building Frontage
' A B '
I I
I I
I I
E.s•: IC F• I
Pe ri I
Front Setback ._._._._._._._._._._._._.1.
7—
2. Where development may build with no side setback, the following
limitations also apply:
a. Side setbacks are required only when an abutting a residential
zoning district or a property with a building existing as of the
effective date of this ordinance [date] with windows facing the
adjoining lot line. Then, new development shall setback to
provide at least 10 feet of separation between the existing and
new buildings.
b. All light and air shafts, including those necessary per the
percentage of openings on building facades, shall be provided
within the property.
c. Buildings taller than three stories in height have additional
setback requirements for the upper stories, as described in
Section 4.4.13(D)(2).
4.4-74
SECTION 4.4.13 (D)
DRAFT: 2/11/15
(c) Frontage Percentages. Building frontage is the percentage of the total
width of a lot minus the required setbacks, which is required to be
occupied by the primary facade of a building. Building frontage
requirements are set forth in Table 4.4.13 (C) for each CBD Sub - district.
1. The primary facade shall be generally parallel to the right -of -way,
located in accordance with the minimum and maximum front setback
requirements of the zoning district.
2. The location of the primary facade is not changed by the projection of
architectural elements such as cornices, bay windows, awnings,
porches, balconies, stoops, or arcades.
3. The primary facade may adjust around a Civic Open Space that
meets the requirements in Section 4.4.13(G) as shown in Figure
4.4.13 -11.
4. On corner lots, the primary facade shall extend from the corner to
ensure that new development (or civic open space) defines the
corner.
(d) Dwelling Unit Standards.
1. Diverse Unit Types. A number of different unit types, sizes and
floor plans shall be 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. One bedroom units may not
exceed 30 %. There is no maximum percentage for unit types
established for projects having twelve (12) or fewer units, however,
a mix of unit types and sizes is encouraged.
2. Minimum Floor Area. 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).
(e) Other Standards. Other standards also apply in CBD sub - districts:
1. Frontage Standards are in Section 4.4.13(E).
2. Architectural Standards are in Section 4.4.13(F).
3. Civic Open Space Standards are in Section 4.4.13(G).
4. Incentive Program is in Section 4.4.13(H).
5. Parking Standards are in Section 4.4.13(1).
6. Review and Approval Process is in Section 4.4.13(J)
4.4-75
SECTION 4.4.13 (D)
DRAFT: 2/11/15
(2) Dimensional Requirements for CBD Sub - districts. Table 4.4.13(C) provides
the dimensional requirements regarding lot size, building placement, building size,
height, density, and civic open space for each CBD Sub - district. Figure 4.4.13 -12
illustrates the dimensional requirements from the table.
(a) Buildings shall be located in accordance with the minimum and maximum
setbacks in Table 4.4.13(C).
1. The front setback or side setback facing a street or park is a minimum of
10 feet and a maximum of 15 feet, which is coordinated with streetscape
requirements in Section 4.4.13(E)(2).
2. Minimum rear set back is 10 feet and minimum side setbacks are 0 feet.
Side lot lines adjoining alleys are regulated by rear setbacks.
3. Buildings over three stories in height are subject to additional setback
requirements in order to ensure architectural articulation and reduce the
impact of taller building heights.
a. At the top of the third story, front and rear setbacks are 20 feet
minimum.
b. With approval from the SPRAB, building entries, lobbies, and vertical
circulation areas located above the third story may not be required to
increase the setback to 20 feet, if configured as tower elements
determined to be consistent with the Delray Beach Architectural
Design Guidelines.
4. Where the rear or side of a property directly abuts a residential zoning
district with a height limitation of thirty -five feet (35') without any division
or separation between them of thirty feet (30') or more, such as a street,
alley, railroad, waterway, park, or other public open space; the following
shall apply:
a. For buildings or portions of buildings three stories or less in height,
a minimum side set back of ten feet (10') from the property line
shall be provided.
b. At the top of the third story, minimum side and rear building
setbacks of 30 feet shall be provided from the property line for the
portion of the building that is over three stories in height.
c. 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
4.4-76
SECTION 4.4.13 (D)
DRAFT: 2/11/15
the CBD -zoned property which directly abuts the residentially
zoned property. Walkways and other pedestrian or bicycle
connections shall be placed through the wall or hedge if they
provide links identified on any adopted bicycle and pedestrian
master plan or if SPRAB determines they would promote desirable
connectivity between properties.
5. On Primary Streets, the minimum building frontage is seventy -five
percent (75 %) and the maximum frontage is a hundred percent (100 %).
On Secondary streets, minimum building frontage is not required and the
maximum building frontage is a hundred percent (100 %).
6. Buildings with more than 250 feet of street frontage shall provide a
pedestrian /bicycle passageway at least 10 feet wide connecting rear
alleys and /or parking to the public sidewalk. The passageway shall
have transparent windows covering at least 50 percent of the wall area
and the incorporation of storefront windows is encouraged.
4.4-77
SECTION 4.4.13 (D)
DRAFT: 2/11/15
Table 4.4.13 (C)
Dimensional Requirements by CBD Sub - district
Central Core
Railroad
Beach
West Atlantic
Corridor
Neighborhood
Lot Size
Lot Width
20 ft. min.
20 ft. min.
20 ft. min.
20 ft. min.
Lot Area
2000 sf. min.
2000 sf. min.
2000 sf. min.
2000 sf. min.
Building Placement
A
Front Setback'
10 ft. min./
10 ft. min./
10 ft. min./
10 ft. min./
15 ft. max.
15 ft. max.
15 ft. max.
15 ft. max.
B
Side Setback'
0 ft. min . 2
0 ft. min.z
0 ft. min . 2
0 ft. min . 2
C
Rear Setback
10 ft. min.
10 ft. min.
10 ft. min.
10 ft. min.
B C
Side Setback Abutting Res.
District; 1St to 3rd Story
10 ft. min.
10 ft. min.
10 ft. min.
10 ft. min.
B C
Side /Rear Setback Abutting
30 ft. min.
30 ft. min.
30 ft. min.
30 ft. min.
Res. District Above 3rd Story
Front Setbacks Above 3rd
D
Sto ry 1
20 ft. min.
20 ft. min.
20 ft. min.
20 ft. min.
E
Building Frontage Required
75% min./
N/A
75% min./
75% min /
on Primary Streets
100% max.
100% max.
100% max.
Building Height
Min. Building Height on Primary
1 Story & 18
1 Story
1 Story & 18 ft.
1 Story
Streets
ft.
Max. Building Height in Atlantic
3 Stories &
N/A
N/A
N/A
Avenue Limited Height Area
38 ft.
Max. Height outside of the Atlantic
4 Stories &
4 Stories &
4 Stories &
4 Stories &
Avenue Limited Height Area
54 ft.
54 ft.
54 ft.
54 ft.
Density
Density
30 du /ac
30 du /ac
12 du /ac
12 du /ac3
Civic Open Space Requirement (See Section 4.4.13(G))
Sites smaller than 20,000 sq.ft.
0%
0%
0%
0%
Sites Between 20,000 and
5% of area
5% of area
5% of area
5% of area
40,000 sq. ft.
above 20,000
above 20,000
above 20,000
above 20,000
5% of area
5% of area
5% of area
5% of area
Sites Greater than 40,000 s ft.
q'
above 20,000
above 20,000
above 20,000
above 20,000 +
+ 7% of area
+ 7% of area
+ 7% of area
7% of area
above 40,000
above 40,000
above 40,000
above 40,000
N/A is "Not Applicable"
' Side lot lines facing streets are regulated by front setback requirements. Side lot lines along alleys are
regulated by rear setbacks.
3 All light and air shafts shall be provided within the lot. See Section 4.4.13(D)(1)(b)(2).
3 See Incentive Program in Section 4.4.13(H) for potential density increases pursuant to certain location and
performance criteria.
4.4-78
SECTION 4.4.13 (D)
Figure 4.4.13 -12 — Building Placement and Configuration & Street Types
pt,,.
A Front Setback & Sides Facing Streets
A
Front Setback & Sides Facing Streets
B Interior Side Setback
B
Interior Side Setback
C Rear Setback
C
Rear Setback
D Front Setback Above 3rd Story
D
Front Setback Above 3rd Story
E Required Building Frontage
E
Required Building Frontage
M1
q1W
A Front Setback & Sides Facing Streets
A
Front Setback & Sides Facing Streets
B Side Setback
B
Side Setback
C Rear Setback
C
Rear Setback
D Front Setback Above 3rd Story
D
Front Setback Above 3rd Story
E Required Building Frontage
E
Required Building Frontage
F Setback Relief Granted by SPRAB for
F
Civic Open Space
Tower Element
4.4-79
SECTION 4.4.13 (E)
DRAFT: 2/11/15
(E) Frontage Standards. Frontage Standards define architecture and design
components for the entrance(s) to buildings and the area between building facades and
streets. Building setbacks and other development standards are coordinated with street
cross - sections to ensure a superior public realm results, improving both the overall
visual appearance and multi -modal uses of downtown streets.
(1) Frontage Standards and Allowable Uses. The use of the ground story is
an important factor in streetscape design and appropriate frontage types. For the
purposes of Frontage Standards, unless otherwise specified, residential uses are
single - family homes, townhomes, multiple family dwellings, assisted living facilities,
nursing homes, continuing care facilities, community residential homes, group
homes, and large family childcare homes and live /work uses. All other uses are
considered to be "commercial uses" for the purposes of this section.
(2) Streetscape Standards. Front setback areas, which include side setback
areas facing streets, shall be detailed to augment public right -of -way design, to
establish shaded, continuous routes for pedestrians, and to organize landscaping
and other elements to ensure a superior public realm.
(a) Minimum Streetscape Width. The combination of public sidewalk
(located within the right -of -way) and hardscape (located in front setback
areas) shall provide a minimum streetscape area no less than 15 feet in
width, measured from the back of curb The streetscape area shall be
organized as follows:
1. Curb Zone. The curb zone is at least four feet wide, measured from
the back of curb (See Figures 4.4.13 -13 and 4.4.13 -14). This zone
accommodates street trees and public infrastructure needs such as
utility poles, street lights, street signs, parking meters, etc. These
elements shall be located as close to the curb as possible; signs and
parking meters shall be consolidated as much as possible.
2. Pedestrian Clear Zone. A pedestrian clear zone at least six feet (6)
wide shall be provided on all streetscapes (See Figures 4.4.13 -13 and
4.4.13 -14). Any portion of the pedestrian clear zone within the front
setback area shall be improved as an extension of the public sidewalk
and shall match the public sidewalk in design and material, providing a
seamless physical transition. A sidewalk easement, in a form
acceptable to the City Attorney, over any portion of the pedestrian clear
zone located within the front setback shall be granted to the City. The
property owner shall also be required to enter into a maintenance
agreement, in a form acceptable to the City Attorney, requiring the
property owner to be responsible for and maintain any improvements
made or installed by the owner to meet the requirements of this section.
3. Remaining front setback area. The remaining front setback area
within the minimum 15' wide streetscape shall be detailed appropriately
4.4-80
SECTION 4.4.13 (E)
DRAFT: 2/11/15
for the ground story use of the building (See Figures 4.4.13 -13 and
4.4.13 -14):
a. Commercial Uses. Buildings with retail or commercial uses in
the ground story shall detail and design any remaining front setback
area within the 15 ft. -wide minimum streetscape area using a
hardscape design. This portion may be used to accommodate
outdoor dining areas, subject to Section 6.3. Landscaping
comprised of plants in removable planters, palms, and /or ground
planting may be installed adjacent to the building provided it does
not obstruct views into storefront windows.
b. Residential Uses. Buildings with residential uses in the ground
story shall detail and design any remaining front setback area
within the 15 ft. -wide minimum streetscape area using hardscape or
foundation planting landscaping. The encroachment of porches or
stoops in this area may be permitted, pursuant to Section
4.4.13(E)(4).
(b) Street Trees. Street trees are intended to provide a shaded
environment for the pedestrian, provide a physical separation between
pedestrians and vehicles, and improve the overall visual appearance of the
street.
1. All new construction, relocation of a building, or addition equal to or
greater than 20% of the gross floor area of an existing building shall
install street trees at the time of development. Street trees shall be
a canopy species, planted in the public right -of -way directly in front
of the property line(s), uniformly spaced no greater than 30 feet on
center. Spacing of trees may only exceed 30 feet in order to
accommodate curb cuts, fire hydrants, utilities, existing trees, and
other infrastructure elements. Palm varieties may be used at
corners, crosswalks, or to accent building entrances and may be
permitted in lieu of shade trees when physical conditions may
prevent the proper growth of shade trees, as determined by the
Planning and Zoning Director in consultation with the
Environmental Services Director. Consistency in street tree
species shall be established on both sides of the street along each
block. The first to develop shall establish the species with approval
from the Planning and Zoning Director in consultation with the
Environmental Services Director.
2. Street trees shall be located in the curb zone of the streetscape, in
order to separate pedestrians from vehicular lanes and to provide
room for tree canopies. Street trees may be planted in planting
strips, landscaped planters or tree grates with approval from the
4.4-81
SECTION 4.4.13 (E)
DRAFT: 2/11/15
Planning and Zoning Director in consultation with the
Environmental Services Director.
3. All trees shall be Florida Grade #1 or better and satisfy the
following standards at the time of planting:
a. Canopy species: Minimum 14 feet in height with a clear trunk
space of six feet and a spread of no less than eight feet.
b. Palm trees: Minimum 18 feet in height, with a clear trunk
space of eight feet.
4. In the event that site constraints such as existing utility easements
prevent the installation of required street trees, removable planters
of small palms and shrubs, vines or seasonal flowers shall be
installed. In addition, the building shall provide devices such as
awnings or roof overhangs to establish a shaded pedestrian
environment.
5. The property owner shall be required to enter into a maintenance
agreement, in a form acceptable to the City Attorney, requiring the
property owner to be responsible for and maintain any tree grates,
irrigation, and landscaping installed by the property owner to meet
the requirements of this section.
4.4-82
Figure 4.4.13 -13
Commercial Use Streetscape
Signage
Street Tree
On- street Parking
Public Sidewalk
Outdoor Seating
Street Lights
L=![O
15' -0" Min
00RE
15' -0" Min
A- Curb Zone
B- Pedestrian Clear Zone
C- Remaining Front Setback Area
4.4-83
SECTION 4.4.13 (E)
DRAFT: 2/11/15
SECTION 4.4.13 (E)
DRAFT: 2/11/15
Figure 4.4.13 -14
Residential Use Streetscape
ABC
15' -0" Min
Slgnage
Street Tree
CWHd eat Parldng
Public Sidewalk
Stoop and '
Landscape Area
Street Lights
A 8 C 1-
A- Curb Zone 16 -00 Min I
B- Pedestrian Clear Zone
C- Remaining Front Setback Area y
4.4-84
SECTION 4.4.13 (E)
DRAFT: 2/11/15
(3) Building Entrances. The main entrance to every building shall be
accessible directly from and face a public right -of -way or civic open space. The
main entrance(s) to ground story commercial space(s) shall be directly from and
face a public right -of -way or civic open space. Doors allowing public access shall
occur at intervals no greater than 75 feet.
(4) Frontage Types. Frontage Types define architectural characteristics for the
detailing of building entrances. Six distinct frontage types have been identified,
which are appropriate for different uses. Table 4.4.13 (D) identifies the frontage
types appropriate for each use by an "X ". Using one or more of frontage types
identified is required.
Table 4.4.13(D)
Frontage Types per Use
Bracketed
Arcade/
Porch
Stoop
Forecourt
Storefront
Balcony
Colonnade
Commercial
X
X
X
X
X
Residential
X
X
X
X
Live/Work
X
X
X
X
X
X
Townhomes and
X
X
X
Single- Family Houses
4.4-85
SECTION 4.4.13 (E)
DRAFT: 2/11/15
(a) Porch. A porch is an open -air structure attached to a building forming a
covered entrance large enough for comfortable use as an outdoor room.
Table 4.4.13(E) provides the dimensional requirements and the
maximum encroachment allowed, provided porches do not encroach into
the minimum required curb zone or pedestrian clear zone as described
in Section 4.4.13(E)(2). Figure 4.4.13 -15 illustrates the dimensional
requirements from Table 4.4.13(E). Figure 4.4.13 -16 provides a
character example.
Table 4.4.13(E)
Dimensional Requirements for Porches
Minimum
Maximum
A
Building Setback
10 ft.
15 ft.
B
Depth
8 ft.
12 ft.
C
Width
40% Facade
100% Facade
D
Floor Elevation
.5 ft.
4 ft.
Allowable Encroachment'
-
8 ft.
May not encroach into the curb zone or pedestrian clear zone (See Section
4.4.13(E)(2))
Figure 4.4.13 -15 Figure 4.4.13 -16
Porch Frontage Type Porch Character Example
M
4.4-86
SECTION 4.4.13 (E)
DRAFT: 2/11/15
(b) Stoop. A stoop is a small staircase leading to the entrance of a building
that may be covered. The elevation of the stoop is necessary to ensure
privacy for residential uses in the ground story of buildings. Stoops
should provide sufficient space for a person to comfortably pause before
entering or after exiting the building. Table 4.4.13(F) provides the
dimensional requirements and the maximum encroachment allowed
provided stoops do not encroach into the minimum required curb zone or
pedestrian clear zone as described in Section 4.4.13(E)(2). Figure
4.4.13 -17 illustrates the dimensional requirements from Table 4.4.13(F).
Figure 4.4.13 -18 provides a character example.
Table 4.4.13(F)
Dimensional Requirements for Stoops
Minimum
Maximum
A
Building Setback
10 ft.
15 ft.
B
Depth
5 ft.
8 ft.
C
Width
4 ft.
-
D
Floor Elevation
1 ft.
4 ft.
Allowable Encroachment'
-
5 feet
May not encroach into the curb zone or pedestrian clear zone (See Section
4.4.13E 2
Figure 4.4.13 -17
Stoop Frontage Type
4.4-87
Figure 4.4.13 -18
Stoop Character Example
I
SECTION 4.4.13 (E)
DRAFT: 2/11/15
(c) Bracketed Balcony. A bracketed balcony is a second -story balcony,
located over the main building entry, which provides cover for a person
entering or exiting the building, emphasizes the entryway, and creates a
semi - public space overlooking the street. The Delray Beach
Architectural Design Guidelines provide guidance on balcony detailing.
Bracketed balconies are typically associated with buildings with
commercial uses in the ground story; however, bracketed balconies may
be used with residential uses if combined with a stoop. Figure 4.4.13 -19
illustrates the dimensional requirements from Table 4.4.13(G). Figure
4.4.13 -20 provides a character example.
Figure 4.4.13 -19
Bracketed Balcony Frontage Type
ol��i � Iii � Cl��i �•!'
R. IY�
• � Or
O�
C K W.I.]
Figure 4.4.13 -20
Bracketed Balcony Character
Example
- -- - M L
IRWIN
Table 4.4.13(G)
Dimensional Requirements for Bracketed Balconies
Minimum
Maximum
A
Building Setback
10 ft.
15 ft.
B
Depth
-.
5 ft.
C
Width
4 ft.
-
D
Floor Elevation
0 ft.
-
Allowable Encroachment
-
5 feet
Figure 4.4.13 -19
Bracketed Balcony Frontage Type
ol��i � Iii � Cl��i �•!'
R. IY�
• � Or
O�
C K W.I.]
Figure 4.4.13 -20
Bracketed Balcony Character
Example
- -- - M L
IRWIN
SECTION 4.4.13 (E)
DRAFT: 2/11/15
(d) Forecourt. A forecourt is an open area in front of the main building
entrance(s) designed as a small garden or plaza. Low walls or
balustrades no higher than three feet six inches in height may enclose
the forecourt. Forecourt walls are constructed of similar material as the
principal building or are composed of a continuous, maintained hedge.
A forecourt may afford access to one or more first floor residential
dwelling units or incorporate storefronts for commercial uses. The
forecourt is suitable for outdoor seating for residents or restaurants.
Forecourts are typically associated with multifamily, mixed -use, and
commercial buildings. Figure 4.4.13 -21 illustrates the dimensional
requirements from Table 4.4.13(H). Figure 4.4.13 -22 provides a
character example.
Figure 4.4.13 -21
Forecourt Frontage Type
O O
Figure 4.4.13 -22
C K W -P]
Forecourt Character Example
L i
I R-Ir
h` r"
Table 4.4.13(H)
Dimensional Requirements for Forecourts
Minimum
Maximum
A
Building Setback
10 ft.
15 ft.
B
Depth
10 ft.
20 ft.
C
Width
20 ft.
50% of Facade
D
Floor Elevation
0 ft.
3 ft.
Allowable Encroachment
Not Applicable
Figure 4.4.13 -21
Forecourt Frontage Type
O O
Figure 4.4.13 -22
C K W -P]
Forecourt Character Example
L i
I R-Ir
h` r"
SECTION 4.4.13 (E)
DRAFT: 2/11/15
(e) Storefront. The storefront is a frontage type along sidewalk level of the
ground story, typically associated with commercial uses. Storefronts are
frequently shaded by awnings or arcades.
1. Storefront Dimensions Table 4.4.13(I) provides the dimensional
requirements and the maximum allowable encroachment permitted.
Figure 4.4.13 -23 illustrates the dimensional requirements and Figure
4.4.13 -24 provides a character example.
a. Storefronts shall extend across at least 70% of the width of a
commercial space.
b. Storefronts shall be directly accessible from sidewalks; storefront
doors may be recessed up to 10 feet.
Table 4.4.13(I)
Dimensional Requirements for Storefronts
Minimum
Maximum
A
Building Setback
10 ft.
15 ft.
B
Storefront Width
70%
100%
C
Storefront Base
1 ft.
3 ft.
D
Glazing Height
8 ft.
-
E
I Glazing Area
70%
90%
Maximum Allowable Encroachment of Elements in All Districts
F
Awning Projection
3 feet
-
G
Projecting Sign
N/A
3 feet
Figure 4.4.13 -23
Storefront Frontage Type
kN 1 r Ji � r
III �
L O�
O O
C K Will
Figure 4.4.13 -24
Storefront Character Example
SECTION 4.4.13 (E)
DRAFT: 2/11/15
c. Storefronts shall have transparent glazing of at least 70% of the
wall area, comprised of storefront windows and doors, for at least
70% of the length of the commercial space. Storefront windows
shall have a base one foot to three feet high with transparent
glazed areas extending from the base to at least eight feet in height
as measured from sidewalk grade. Transparent means non - solar,
non - mirrored, glass with a light transmission reduction of no more
than twenty percent (20 %).
2. Storefront Elements
a. Awnings shall project a minimum of three feet from the building
facade.
b. Awnings shall be consistent with the building's architecture and
proportionate to the facade opening shape and size. Except for
curved awnings, all awnings shall be sloped 15 -35 degrees from
the horizontal plane. Valances shall be no more than 12 inches
long. Internally illuminated or plastic awnings are prohibited.
c. Storefronts may be combined with forecourts or arcades.
CMEPS
SECTION 4.4.13 (E)
DRAFT: 2/11/15
(f) Arcade. An Arcade is a covered, unglazed, linear hallway attached to the
front of a building, supported by columns or pillars. The arcade extends
into the public right -of -way, over the streetscape area, creating a shaded
environment ideal for pedestrians. This frontage type is typically
associated with commercial uses.
1. Arcade Dimensions. Table 4.4.13(J) provides the dimensional
requirements and the maximum allowable encroachment permitted.
Figure 4.4.13 -25 illustrates the dimensional requirements and Figure
4.4.13 -26 provides a character example.
Table 4.4.13(J)
Dimensional Requirements for Arcade
Minimum
Maximum
A
Building Setback
Varies
15 ft.
B
Arcade Depth
10 ft.
20 ft.
C
Arcade Height
10 ft.
20 ft.
D
Column /Pillar to Face of Curb
2 ft.
4 ft.
E
Column /Pillar Width and Depth
1 ft.
-
Maximum Allowable Encroachment of Elements in All Districts
F
Arcade
varies by street
Figure 4.4.13 -25
Arcade Frontage Type
C K EPIK
Figure 4.4.13 -26
Arcade Character Example
SECTION 4.4.13 (E)
DRAFT: 2/11/15
a. Arcades shall extend over the sidewalk. A sidewalk should not run
parallel to an arcade, allowing pedestrians to bypass storefront
windows.
b. Use of the arcade on local streets requires entering into a right -of -way
agreement, in a form acceptable to the City Attorney, with the City.
The City Commission shall determine in its sole and absolute
discretion whether to approve or deny an agreement, which shall be
based upon a determination of whether the arcade is in the best
interest of the general public. This agreement shall establish liability,
indemnification, and insurance responsibilities in a form acceptable to
the City. For County, State, and Federal roads, agreements with the
appropriate agencies and the City may be necessary.
c. Arcades shall have a clear depth between the interior face of the
columns and the building facade of at least 10 feet and no more than
20 feet. If the distance between the property line and the face of curb
is not sufficient to accommodate the minimum depth of 10 feet
required for an arcade, or, if the distance between the property line
and the face of curb is deep enough that using the required building
setback results in an arcade with a clear depth greater than 12 feet,
the front setback may be administratively adjusted by the Planning
and Zoning Director, taking into consideration the ultimate location of
the face of curb. If determined necessary by the City, the property
owner shall grant a pedestrian and underground utility easement to
the City, in a form acceptable to the City Attorney, on the applicant's
property to reach ten feet of clear depth.
d. Arcade ceilings shall be designed with coffers or exposed beams
extruding at least six inches, aligned with columns or pillars. Arcades
shall have a clear height above the sidewalk of at least 10 feet and no
more than 20 feet.
e. Support columns or pillars shall be at least 12 inches wide and deep.
See Section 4.6.18(B)(14)(iii). Columns and pillars shall be placed
two to four feet from the face of the curb.
f. The arcade area extending over the public right -of -way may contain a
second story or incorporate roof terraces; additional stories are not
perm itted.
2. Arcade Elements
a. Arcades shall be combined with storefronts.
b. The height and proportions of the arcade shall be consistent with the
architecture and proportions of the building to which it is attached.
c. Potted landscaping or ground planting shall be provided between the
face of the columns or pillars and the face of curb.
El WX
SECTION 4.4.13 (E)
DRAFT: 2/11/15
d. Lighting shall be incorporated into arcades to meet CPTED principles.
(F) Architectural Standards. In addition to the standards in Section 4.6.18, the
following standards apply in all CBD Sub - districts.
(1) All buildings shall follow the Delray Beach Architectural Design Guidelines.
The selected architectural style shall be identified on all permit application drawings.
(2) Properties located within a Historic District or Individually Designated Sites, as
listed on the Local Register of Historic Places in Section 4.5.1(I), shall comply with the
Visual Compatibility Standards of Section 4.5.1(E)(8).
(3) Building facades facing streets or civic open spaces must have transparent
windows covering between 20 percent and 75 percent of the wall area of each story as
measured between finished floors. Transparent means non - solar, non - mirrored glass with
a light transmission reduction of no more than twenty percent (20 %).
(4) Cornices and moldings shall be extending a minimum of two inches from the
surface plane of the building wall. Cornices and moldings are continuous facade elements
and may not be covered by awnings or signs. Significant architectural elements such as
columns, pilasters, and towers may interrupt moldings.
(5) Building facades shall be designed to visually screen "Secondary Street" uses
(as identified in Table 4.4.13 (A)) and large expanses of blank walls. Appropriate facade
design to screen these uses incorporates the consistent use of materials and construction
assemblies, fenestration patterns, architectural articulation, and features such as, but not
limited to, the application of architectural screens, louvers, or glass. In addition, at the
sidewalk level, vegetated surfaces and planters or window display shall be incorporated.
Paint, faux treatments, scoring, construction joints, lighting, and material projections less
than two inches are permitted, but do not fulfill the facade design requirements.
Figure 4.4.13 -27
Character Examples for Building Fagade Screening Secondary Street Uses
IMF r�
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The Clematis Street garage utilizes
consistent building materials with
fenestration patterns to establish an
attractive fagade screening the parking
levels over the retail space.
�����IlR_w � ■lid
71 ML
The Lincoln Theater has the building
circulation located along the streets,
behind an architectural glass fagade,
screening the large expanses of blank
walls within the movie theater.
CMEsZ!
SECTION 4.4.13 (F)
DRAFT: 2/11/15
(6) Awnings shall be consistent with the building's architecture and facade
opening shape. Awnings shall project a minimum of three feet from the building facade.
Except for curved awnings, all awnings shall be sloped 15 to 35 degrees from the
horizontal plane. Valances shall be no more than 12 inches long. Internally illuminated
or plastic awnings are prohibited. Any names or logos printed on awnings shall be
counted as square footage against the overall permitted signage.
(7) In the absence of a building facade, a streetwall is required along both
Primary and Secondary Streets. Streetwalls shall be three feet to three feet six inches
(3' -6 ") in height, located in line with the building facade or the front setback. Streetwalls
shall be composed of either an opaque wall of the same material and color as the
building or of a continuous, maintained hedge. In addition, one shade tree per 30 lineal
feet, uniformly spaced, shall be installed along the length the streetwall.
(8) Overhead doors shall be prohibited from facing any adjacent residentially
zoned property. Overhead doors shall be oriented away from any adjacent public right -
of -way, except where currently existing.
(9) In order to reduce urban heat islands for both roofed and non - roofed areas,
the following standards shall apply to building and site design:
(a) Non - roofed: Provide shade (within 5 years) on at least 30% of non -
roof impervious surface on the side, including parking lots, walkways,
plazas, etc.; or use light- colored /high - albedo materials (reflectance of at
least .3) for 30% of the site's non - roofed impervious surfaces; or, use open -
grid pavement system (net impervious area of less than 50 %) for a
minimum of 50% of the parking lot area.
(b) Roofed: Use Energy Star roof - compliant, high - reflectance and high
emissivity roofing (initial reflectance of at least .65 and three - year -aged
reflectance of at least .5 when tested in accordance with ASTM E903 and
emissivity of at least .9 when tested in accordance with ASTM 4080 for a
minimum of 75% of the roof surface; or install a "green" (vegetated) roof for
at least 50% of the roof area.
(c) Parking Garage Roofs: Provide shade on at least 30% (within 5
years) of any exposed parking on the roof.
(10) Green Building Practices. All development which proposes to build
50,000 square feet or more, in one or more buildings, shall be at a minimum certified as
Silver by the United States Green Building Council (USGBC) Leadership in Energy and
Environmental Design (LEED) standards or equivalent standards adopted or approved
by the City.
(a) At the time of Building Permit application, the owner shall submit:
4.4-95
SECTION 4.4.13 (F)
DRAFT: 2/11/15
1. Proof of registration with the Green Building Certification Institute, or
equivalent agency;
2. A signed and sealed affidavit from a LEED Accredited Professional,
or applicable designation, stating that the proposed Building is
designed to achieve the required certification; and
3. A LEED Scorecard, or equivalent document, identifying anticipated
credits to be achieved.
(b) At the time of Certificate of Occupancy application, the owner shall
submit:
1. Proof of certification by the Green Building Certification Institute, or
equivalent agency;
2. A bond posted in a form acceptable to the City, in the amount
indicated below;
a. Four percent (4 %) of the total cost of construction for a building
up to 100,000 square feet;
b. Five percent (5 %) of the total cost of construction for a building
100,001 - 200,000 square feet;
c. Six percent (6 %) of the total cost of construction for any building
greater than 200,000 square feet; or
3. Proof of partial compliance from the Green Building Certification
Institute, or applicable agency, which demonstrates the credits
presently achieved. In addition, a prorated portion of the full bond
amount, as indicated in subsection 2(b) above, shall be posted
based on the number of remaining credits needed to meet minimum
certification requirements. The bond amount to be posted shall be
calculated as follows:
(credits remaining for certification / credits required for certification) x
full bond amount = prorated bond amount
(c) Forfeiture of Bond. The bond required under this Section 4.4.13(H)(2)(c)
shall be forfeited to the City in the event that the building does not meet
the for LEED Silver certification or applicable certification. The City will
draw down on the bond funds upon failure of the owner to submit proof
of LEED Silver certification in a form acceptable to the City within one
(1) year of the City's issuance of the Certificate of Occupancy for the
building. If required certification is not achieved but a majority of the
credits have been verified, the owner shall forfeit a portion of the bond
based on any outstanding credits which shall be calculated as follows:
4.4-96
SECTION 4.4.13 (F)
DRAFT: 2/11/15
(credits remaining for certification / credits required for certification) x full
bond amount = bond amount forfeited
If the amount to be forfeited is greater than fifty percent (50 %) of the full
bond amount, the bond shall be forfeited in its entirety. Funds that
become available to the City from the forfeiture of the bond shall be
placed in the In -Lieu Parking Fee Fund and earmarked for bicycle and
pedestrian infrastructure purposes.
4.4-97
SECTION 4.4.13 (G)
DRAFT: 2/11/15
(G) Civic Open Spaces. Civic open spaces are privately maintained outdoor
spaces which are accessible by the general public, improve the pedestrian environment,
are aesthetically pleasing, and serve as an amenity for the city as a whole as well as for
occupants of the building which the open space serves.
(1) Amount Required. New development or additions of gross floor area
equal to 20 percent or more to existing buildings shall provide civic open space as
follows:
(a) Sites smaller than 20,000 square feet have no civic open space
requirement. The first 20,000 square feet of sites larger than 20,000
square feet are not used in the computation of required civic open
spaces.
(b) Sites between 20,000 and 40,000 square feet are required to provide
5% of the site's area that is above 20,000 square feet as civic open
space.
(c) Sites 40,000 square feet or more in size are required to provide civic
open space as follows:
1. 5% of the site's area between 20,000 and 40,000 square feet; plus
2. 7% of the site's area above 40,000 square feet.
For example, a site 62,000 square feet in size will calculate civic
open space as follows:
20,000 square feet = 0
20,000 square feet x 5% = 1000 square feet
22,000 square feet x 7% = 1540 square feet
Total Civic Open Space Required = 2,540 square feet
(d) Dedicated rights -of -way and area used to meet the minimum
streetscape standards in Section 4.4.13(E) do not count toward
fulfilling the required amount.
(2) Types of Civic Open Spaces. Civic open space shall be designed as one
of the following types:
(a) Green. A green is at least 1,500 square feet in size and adjoins
streets on at least two sides or a street and a pedestrian passageway
or main building entry. Greens are designed primarily for passive uses,
consisting primarily of lawn with either formally or informally arranged
landscaping.
(b) Plaza. A plaza is at least 1,500 square feet in size and adjoins streets
on at least two sides or a street and a pedestrian passageway or main
building entry. Plazas are mostly hardscaped with formally arranged
landscaping and a water feature.
4.4-98
SECTION 4.4.13 (G)
DRAFT: 2/11/15
(c) Playground. A playground is at least 2,500 square feet in size.
Playgrounds provide children's play equipment and shaded seating.
Playgrounds adjoin a street on at least one side and the configuration
should ensure easy surveillance of the area from adjacent buildings
and streets.
(d) Square. A square is at least 10,000 square feet and adjoins streets on
at least three sides. Squares may be up to 50 percent hardscaped,
with formal landscaping. Squares accommodate both passive uses and
community gatherings.
(e) Attached Green. An attached green is generally 2,000 to 6,000
square feet and spans the entire length of a block. Attached greens
shall be at least 30 feet wide and are appropriate on the short end of a
block. Attached greens are primarily laws with formally arranged
landscaping.
(f) Community Garden. A community garden is 2,500 to approximately
5,000 square feet and adjoins a street on at least one side. Community
gardens are land that is cultivated collectively by members of a
community (See Section 4.3.3 (D)).
(g) Forecourt. For civic open space requirements between 250 and 1,500
square feet, buildings shall utilize a Forecourt frontage type (see
Section 4.4.13(E)(4)(d)) or incorporate additional landscaped space
into a pedestrian passageway.
(h) Public Art. For civic open space requirements less than 250 square
feet, a space incorporating a fountain, living wall, or work of art may be
provided facing a street or a pedestrian passageway.
Figure 4.4.13 -28 — Character Example of
Landscaped Pedestrian Passageway
4.4-99
Figure 4.4.13 -29
Character Example of Living Wall
U
SECTION 4.4.13 (G)
DRAFT: 2/11/15
Figure 4.4.13 -30 - Civic Open Spaces
Green Plaza
E:1
Playground Square
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14 14 141III
lia*yl
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Attached Green Waterfront Green
4.4-100
SECTION 4.4.13 (G)
DRAFT: 2/11/15
(3) Configuration. Civic open spaces shall be configured as follows:
(a) The civic open space shall adjoin a street front property line for no less
than 30 linear feet.
(b) Except for attached greens, civic spaces shall have a proportion so that
the depth is no more than 2.5 times the width, and the width is no more
than 5 times the depth;
(c) Civic open spaces shall be lined by building facades or streets on all
sides. In order to provide oversight of the space, buildings facing civic
open spaces shall contain active uses; parking lots, parking garages,
and storage areas are not considered active uses.
(d) Civic open space requirements of 3,000 square feet or more may be
provided in up to two spaces; requirements less than 3,000 square feet
shall be provided in one space.
(4) Additional Standards. Civic open spaces shall meet the following
minimum standards:
(a) Civic open spaces must be accessible to the public during all daylight
hours. A portion of a civic open space may accommodate outdoor dining
provided:
The business is located adjacent to the open space;
2. The open space provides an alternative location to using the
streetscape area of an adjoining street right -of -way; and
3. The size of the area is generally consistent with the potential size of
a sidewalk cafe that could be located within the streetscape of an
adjoining street right -of -way.
(b) Civic open spaces must be situated to allow easy ingress and egress
by pedestrians. Except for playgrounds, which may be fenced, no
streetwalls, gates, fences or other impediments to pedestrian
accessibility shall be permitted along the frontage lines;
(c) Civic open spaces must be located at the sidewalk level;
(d) Civic open spaces must be open to the sky; however, open -air garden
structures such as gazebos or band shells are permitted within civic
open spaces;
(e) Landscaping shall be arranged in a manner reflective of the type of
civic open space. One shade tree per 20 feet of perimeter of the space
is required. Trees may be arranged in regular spacing or in informal
4.4-101
SECTION 4.4.13 (G)
DRAFT: 2/11/15
clusters, depending on the type of open space. Trees shall be installed
to provide shade along walkways and for benches. Substituting shade
trees for multiple palm species is not permitted; however, adding palms
to the landscape design is permitted.
(f) Each civic open space shall provide the following street furniture
elements, specifications subject to approval by the City of Delray Beach
Engineering Department:
Seating for at least two people per 350 square feet of area.
Seating may be provided on benches, chairs, or other horizontal
surfaces designed for people to sit upon, including retaining walls,
planter edges, tiers and other similar surfaces. Seating surfaces
shall have a maximum height of 24 inches and have a minimum
depth of 16 inches.
2. 1 drinking fountain;
3. 1 bicycle rack with no less than four spaces;
4. 1 trash receptacle;
5. 1 pet clean up station.
(g) Fences are permitted only to enclose playgrounds. Fences may be
composed of wood or metal pickets and shall not exceed four feet in
height.
(h) Vehicular traffic shall not be permitted within a civic open space.
(i) Civic open spaces shall be designed to enhance user safety and
security using Crime Prevention Through Environmental Design
(CEPTED) principles by
Being well lighted;
2. Having one or more focal points within the open space visible from
all perimeter streets;
3. Having a clear landscape zone between three feet and eight feet in
height providing sightlines unobstructed by berms or bushes.
(5) Availability. Civic open space shall be developed and open for use
concurrent with the issuance of a certificate of occupancy for the building(s)
for which the open space is required.
4.4-102
SECTION 4.4.13 (H)
DRAFT: DRAFT: 2/11/15
(H) Incentive Program: Certain incentives may be offered from time to time to
encourage development that advances City strategic, policy- driven goals, such as
diverse residential housing opportunities, sustainable building practices, historic
preservation, public parking, civic open space, or office uses within the CBD. The
specific incentives and required performance criteria are set forth in this section and
may be revised or amended after seeking community input and in response to factors
such as update to the Downtown Master Plan, changing conditions within the CBD,
transportation impacts, or market and /or demographic shifts. Any incentives shall be
broad based and applicable within the entire CDB or CDB sub - district, no incentives
programs shall be considered on a case -by -case basis or project -by- project basis.
(1) Residential Incentives. In order to encourage a variety of unit types, and
income ranges within the downtown area, opportunities to increase density are offered
in certain CBD Sub - districts. This incentive program is the only way to obtain increases
in density in the CBD. The maximum density allowed by Table 4.4.13(C) in certain CBD
Sub - districts may be increased in the locations described below. Performance
Standards are set forth in Section 4.4.13(H)(2).
(a) Density may be increased over 12 du /ac (up to 30 du /ac) within the
West Atlantic Neighborhood Sub - district.
(b) Properties located within a historic district or on individually designated
sites as listed on the Local Register of Historic Places in Section 4.5.1 (1)
are not eligible to use the Incentive Program.
(2) Performance Standards for Density Increases. Projects which propose to
increase density from the base amount allowed in the West Atlantic
Neighborhood Sub - district shall provide workforce housing units. Workforce
housing units, equal to at least twenty percent (20 %) of the bonus density shall
be provided within the development onsite, offsite, or though monetary
contributions as referenced in Article 4.7 (fractions shall be rounded up). The
workforce housing units shall be at the low or moderate income levels and shall
comply with other applicable provisions of Article 4.7.
(3) Approval Process for Incentives.
(a) Applications to utilize the Incentive Program will be reviewed as part of
a Class V site plan by the SPRAB for compliance with the regulations in
this code that direct building configuration, uses, open space,
streetscape design, parking location and quantity, and the
performance standards in Section 4.4.13(H)(2). The SPRAB will make
a recommendation to the City Commission on the entire Class V site
plan before the City Commission takes final action to approve or deny
the site plan and the increased density.
4.4-103
SECTION 4.4.13 (1)
DRAFT: 2/11/15
(b) Applications 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) of sufficient detail to determine that the
applicable development and performance standards are being met.
(1) CBD Parking Standards
(1) Purpose of Revised Standards. This section provides modified
regulations for off - street parking and bicycle parking within the CBD. These regulations
recognize that the downtown is a compact, interconnected area with multimodal
transportation options, and that improper placement of parking and mandatory
duplication of the parking supply on each building site separates the various land uses
from each other. This separation reduces the viability of the mixed -use districts and
harms the walkability of the streets in the downtown area. These regulations reflect the
needs of the urban, mixed use downtown. When in conflict with the regulations in
Section 4.6.9, this section shall rule.
(2) Minimum Number of Off - Street Parking Spaces.
(a) The minimum number of parking spaces required in Section 4.6.9(C)
"Number of Parking Spaces Required" is modified by this section for
use in the CBD; Table 4.4.13(K) identifies the minimum number of off -
street parking spaces required per use and location. Medical Offices,
call centers, and any other uses not listed in the table shall use the
requirements in Section 4.6.9(C).
1. The Atlantic Avenue Parking District is mapped on the Central Core
Regulating Plan (See Figure 4.4.13 -5).
2. Alternative Fuel Parking spaces are spaces provided on -site,
clearly marked with adjacent charging stations for electric
(EV) /plug -in hybrid vehicles (PHEV) and golf carts.
(b) The parking required for the creation of new floor area, shall also
include the replacement of any previously required parking which may
be eliminated.
(c) When the parking requirements are applied to new development or
expansion of an existing 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.
(d) Properties less than 65 feet in width are not required to provide off -
street parking, except for restaurant and lounge uses.
(e) Properties located within 750 feet of a public parking garage or the
Planned Tri -Rail Coastal Link station (See Figure 4.4.13 -5) are not
required to provide additional parking resulting from a change in use,
4.4-104
SECTION 4.4.13 (1)
DRAFT: 2/11/15
except for new restaurant and lounge uses, within an existing building,
provided additional floor area is not created.
Table 4.4.13(K)
Minimum Number of Off - street Parking Spaces Required in the CBD
Commercial Uses
Hotels /Motels'
.7 space per guest room plus 1 space per
800 sf. of meeting rooms and shops
Business and Professional Office <10,000sf
1 space per 500 sf. of net floor area
Business and Professional Office >10,000sf
located more than 750 feet from a public parking
1 space per 300 sf. of net floor area
garage or Planned Tri -Rail Coastal Link station
Business and Professional Office >10,000sf
located within 750 feet of a public parking garage
1 space per 500 sf. of net floor area
or Planned Tri -Rail Coastal Link station
Retail and Commercial Uses
1 space per 500 sf. of gross floor area
Restaurants and lounges (including those
located within hotels /motels) NOT in the Atlantic
Avenue Parking District
6 spaces per 1,000 sf. of gross floor area
Restaurants and lounges (including those
located within hotels /motels) in the Atlantic
Avenue Parking District
12 spaces per 1,000 sf. for the first 6,000 sf.
Plus 15 spaces per each additional 1,000 sf.
Residential
Efficiency Dwelling Unit
1 space per unit
One Bedroom Dwelling Unit
1.25 spaces per unit
Two or More Bedroom Dwelling Unit
1.75 spaces per unit
Guest Parking shall be provided cumulatively as follows
- For the first 20 units
.50 spaces per unit
- For units 21 -50
.30 spaces per unit
- For units 51 and above
.20 spaces per
Live/Work Units
2 spaces per unit
Alternative Fuel Parking Spaces
Residential
3% of Required Parking Spaces
Commercial
3% of Required Parking Spaces
(f) Business and Professional Office uses located within 750 feet of a
public parking garage or the Planned Tri -Rail Coastal Link Station (See
Figure 4.4.13 -5) have lower parking requirements than those located
farther from those transportation resources. Offices less than 10,000
square feet in area also have lower parking requirements; this reduction
is not cumulative and is only available to small businesses.
4.4-105
SECTION 4.4.13 (1)
DRAFT: 2/11/15
Properties located within 750 feet of a public parking garage or the
Planned Tri -Rail Coastal Link Station (See Figure 4.4.13 -5) may opt to
use the in -lieu fee option provided in Section 4.6.9(E)(3) up to 50% of
the required off - street parking amount, except that restaurant and
lounge uses are limited to 30 %.
( )Restaurants, Cocktail Lounges, Hotels, and Residential Type Inns may
provide their required vehicular parking as valet parking, subject to the
provisions of Section 4.6.9(F)(3).
(3) Location and Access to Off - Street Parking. Parking and service areas
shall be accessed and located at the rear or side of the building(s) whenever possible.
(a) Location
1. Parking is not permitted in front setbacks or in side setbacks facing
streets, parks, or civic open spaces.
2. On Primary Streets, all parking lots shall be located to the rear of
buildings. The SPRAB can approve alternative locations where
parking in the rear is inappropriate or impossible and may require
special perimeter treatments to protect and improve the pedestrian
experience along the street.
3. On Secondary Streets, parking lots may also be located on the side
of buildings provided the parking is screened from view of the street
by a streetwall (See Section 4.4.13(F)(7)) and landscaping as set
forth in Section 4.6.16(H).
4. On Primary Streets, parking garage levels shall be lined by another
use permitted on Primary Streets for at least 20 feet of depth. (See
Section 4.4.13(C)). On Secondary Streets, parking garage levels
not lined by another use shall be screened by a building facade that
meets the architectural requirements in Section 4.4.13(F).
5. Offsite parking arrangements may be provided in lieu of providing
on -site parking as set forth in Section 4.6.9(E)(5), except that the
other property must be located within seven hundred and fifty (750'),
measured along the closest pedestrian route between nearest
building entrance and nearest pedestrian garage entrance.
6. If the required parking is not or cannot be provided on -site or off -site,
the in -lieu fee option provided in Section 4.6.9(E)(3) may be applied.
7. Within Townhouse and Townhouse type developments, parking may
be provided in front of garage units provided that such parking does
4.4-106
SECTION 4.4.13 (1)
DRAFT: 2/11/15
not result in the space for one unit impeding access to a space of
the other unit.
(b) Access. In addition to the standards in Section 6.1.4, the following
standards apply in all CBD Sub - districts:
1. On Primary Streets, alleys and Secondary Streets, when present,
shall be the primary source of vehicular access to off - street parking.
Alleys may provide access to parking lots and garages and function
as standard drive aisles, provided public access is maintained and
access to all properties adjacent to the alley is maintained. Vehicles
may back out onto alleys.
2. When neither alleys nor Secondary Streets are present, primary
vehicular access may be from a Primary Street. In the instance that
site constraints necessitate access from a Primary Street, and the
provision of an access drive precludes meeting the minimum building
frontage percentage required, the Planning and Zoning Director may
administratively allow a reduction from the minimum building
frontage in order to allow vehicular access to the site.
3. When an alley is not present, bicycle, pedestrian, and vehicular
access between adjacent parcels across property lines is required,
and shall be accommodated within the site layout. The first property
owner to develop shall be required to make an irrevocable offer of
cross - access to the adjacent parcels prior to issuance of a building
permit. When adjacent property develops, a reciprocal offer of
cross - access is required, and the physical connection shall be
completed.
4. Parking lots and structures shall provide pedestrian and bicycle
access directly from a street. In addition, pedestrian access may
also be provided directly from a building.
5. Buildings with more than 250 feet of street frontage shall provide a
pedestrian /bicycle passageway at least 10 feet wide connecting rear
alleys and /or parking to the public sidewalk. The passageway shall
have transparent windows covering at least 50 percent of the wall
area and the incorporation of storefront windows is encouraged.
6. Public sidewalks may not be deviated to accommodate drop -off or
valet parking.
(4) Bicycle Parking and Facilities. Bicycle parking and facilities shall be provided
within the CBD Sub - districts.
4.4-107
SECTION 4.4.13 (1)
DRAFT: 2/11/15
(a) Minimum Number of Bicycle Parking Spaces. Table 4.4.13(L) identifies
the minimum number of bicycle parking spaces required per use.
1. All non - residential uses over 2,000 square feet shall provide at least one
bicycle space.
2. For mixed use projects, both the non - residential and residential
requirements shall be provided.
3. Bicycle Parking requirements are applied to new development,
expansion of an existing use, and changes of use.
Table 4.4.13(L)
Minimum Number of Bicycle Parking Spaces Required in the CBD
Commercial Uses
Hotels /Motels
1 space per 10 guest rooms plus 1 space per 5,000 sf. of
restaurant, meeting rooms, and shops
Professional Office <50,000 sf.
1 space per 2,000 sf. of net floor area
Professional Office >50,000 sf.
1 space per 2,000 sf. of net floor area; 50% in lockers or
inside storage area plus shower facilities
Retail, Restaurant, and Commercial Uses
2 space per 1,000 sf. of gross floor area
Residential
Residential < 50 units
1 space per 2 units
Residential > 50 units
1 space per 2 units; 50% in lockers or inside storage area
Live/Work Unit
1 space per 2 units
Townhouses and Single- family Homes
-
(b) Design and Location.
1. Visitor, employee and resident bicycle parking facilities shall be visible to
the intended users within a location shown on the site plan that meets
the following standards;
a. Provided in a safe, accessible and convenient location.
b. Located within 300 feet of a main building entrance.
c. Does not encroach into the minimum streetscape area (see Section
4.4.13(E)(2)).
d. The Planning and Zoning Director shall review the location, design,
and details of the bicycle spaces as part of the site plan review.
2. Shower Facilities. Offices greater than 50,000 square feet shall at
least provide one shower and changing facility per gender. The
changing facility shall be installed adjacent to showers in a safe and
secured area.
4.4-108
SECTION 4.4.13 (1)
DRAFT: 2/11/15
3. Unless otherwise provided by law, residential condominium covenants
are encouraged not to prohibit the storage of bicycles inside individual
dwelling units.
4.4-109
SECTION 4.4.13 (J)
DRAFT: 2/11/15
(J) Streets and Blocks. The highly connected street and block structure of the
downtown CBD area is a critical component of the cultural and historic character of the
city. The network fosters multi -modal options, by reducing bike and walk distances, and
allowing traffic to disperse.
(1) Streets and Alleys. Within the CBD, the following standards apply to
streets and blocks:
(a) Local streets within the CBD may have travel lanes ten feet in width
provided on- street parking is incorporated in the cross - section and with
approval by the City Engineer.
(b) Streets and alleys may not be vacated or closed to accommodate new
development.
(c) Alleys provide an important tertiary support system. Alleys may be
relocated provided access and service is maintained to all properties and the
reconfigured alley maintains public access and has at least two separate
access points for entry and exit within the same block. Alleys that are identified
routes in the City's adopted bicycle and pedestrian master plan may not be
relocated. Dead -end service courts are not permitted. In order to meet the
City's sustainability goals, alleys that are improved as a result of redevelopment
are encouraged to use permeable paving such as porous asphalt or concrete,
subject to approval by the City Engineer. Development on property along side
an alley shall provide street lights as set forth in Section 6.1.5.
(2) Analysis of Traffic Circulation and Access Points. To minimize impacts
and coordinate traffic circulation, a professional study that analyzes options for
internal traffic circulation and distribution to the external street network shall be
provided for proposed development that meets one of the following criteria:
(a) The development proposes to move an alley;
(b) The development is located on a block that does not have an alley;
(c) The site is two acres or more in size; or
(d) The site is located along the Intracoastal Waterway or a waterfront
park.
4.4-110
SECTION 4.4.13 (K)
DRAFT: 2/11/15
(K) CBD 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 Business Tax Receipt.
(2) Site Plan Review and Appearance Board ( SPRAB). For any new
development requiring approval under Sections 2.4.5(F), 2.45(H), or 2.4.5(1), approval
must be granted by the Site Plan Review and Appearance Board ( SPRAB), unless the
property is located within a designated historic district or is individually designated (see
subsection (3) below). In addition, the SPRAB has the following authority within the
CBD:
(a) Modification of building frontage and setback requirements by waiver in
order to accommodate civic buildings such as libraries, cultural facilities,
municipal buildings, etc. on properties that are not located within a Historic
District or Individually Designated Sites as listed on the Local Register of
historic Places in Section 4.5.1(I).
(b) SPRAB may provide relief from the additional setback required above
the third story for building entries, lobbies, and vertical circulation areas
configured as tower elements consistent with the architectural character of
the building.
(c) Determination of compliance with the Performance Standards of the
Incentive Program and provide recommendations of approval or denial to
City Commission of requested increases in density under the program.
(d) Determination that a site plan design for a full service grocery store in
the West Atlantic Neighborhood sub - district has compatible transitions
between commercial and residential areas.
(e) Determination that desirable connectivity between properties and /or
links identified on any adopted bicycle and pedestrian master plan are
achieved on the site plan.
(f) Approval of alternative surface parking configurations for sites located on
Primary Streets where parking in the rear is inappropriate or impossible.
The SPRAB may require special perimeter treatments to protect and
improve the pedestrian experience along the street.
(3) Historic Preservation Board. Any development of properties located
within a Historic District or Individually Designated Sites as listed on the Local Register
of Historic Places in Section 4.5.1(I) is subject to review by the Historic Preservation
Board (HPB), pursuant to Section 2.2.6(D). For these properties, the Historic
Preservation Board has the approval authority pursuant to Sections 2.4.5(F), 2.4.5(H),
and 2.4.5(1), plus the additional authority described in subsections (2)(a) —(f) above.
4.4-111
SECTION 4.4.13 (K)
DRAFT: 2/11/15
(4) West Atlantic Redevelopment Coalition (WARC). Projects located within
the West Atlantic Neighborhood Sub - district shall be reviewed by the WARC for
consistency with the Development Standards prior to review by the SPRAB or HPB.
(5) Pineapple Grove Design Review Committee. Projects located within the
boundaries of the Pineapple Grove Neighborhood Plan, as mapped on the Central Core
and Railroad Corridor Sub - districts Regulating Plans (See Section 4.4.13(8)), shall be
reviewed by the Pineapple Grove Design Review Committee for consistency with the
Development Standards and compliance with the Pineapple Grove Neighborhood Plan
prior to consideration by SPRAB or HPB.
(6) DDA and CRA. All development applications under their purview which are
processed through the Planning and Zoning Board, SPRAB, or HPB shall be referred to
the Downtown Development Authority and the Community Redevelopment Agency in
sufficient time to allow for review and comment prior to action by the approving body.
(7) Conditional Uses. Conditional uses listed on Table 4.4.13(A) may be
considered pursuant to the provisions of Section 2.4.5(E). In addition, the following
regulations apply:
(a) Drive - Through Facilities.
Drive -in or drive - through restaurants are not permitted within the
West Atlantic Neighborhood Sub - district or on Primary Streets
within the other CBD Sub - districts.
2. On Primary Streets, drive through facilities serving banks and other
commercial uses shall have the drive through window(s) and
stacking area located behind buildings. On Secondary Streets,
drive through facilities may be located to the rear or side of
buildings.
(b) Gasoline Stations. Gasoline Stations are not permitted on Primary
Streets. In addition to the standards in 4.3.3(J), the following configuration
is required.
A ground -story shop must be located along a street, with the gas
pumps located to the rear of the lot as illustrated in Figure 4.4.13-
31. No more than eight dispensing locations are permitted.
2. The shop shall have the primary entrance facing and directly
accessible from the street; an additional entrance facing the parking
lot is permitted.
3. Gasoline Stations may be one story in height.
4.4-112
SECTION 4.4.13 (K)
DRAFT: 2/11/15
Figure 4.4.13 -31
2eVA
(c) Wash Establishments. 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 Primary Streets. Further, this use must be established on property
with a minimum lot area of 20,000 sq.ft.
(d) Automotive Repair and Detailinq. Automobile repair and automobile
detailing may not be located north of S.E. 1St Street or south of SE 6th
Street, extended. Conditional use approval may not be granted for a new
automobile repair facility, or for the expansion of an existing facility, unless
it is specifically demonstrated that off - street parking is available in
accordance with the requirements of Section 4.6.9.
(e) Additional Application Requirements. 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) of sufficient detail to
determine that the applicable performance standards are being met. Final
approval of the detailed site plan is by the Site Plan Review and
Appearance Board.
(f) Modifications. The process for modification of a conditional use and
site plan approved pursuant to Section 4.4.13 (I) is as follows:
1. 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 conditional use
approval.
4.4-113
SECTION 4.4.13 (K)
DRAFT: 2/11/15
2. Modifications to the plan that do not affect the application of the
performance standards may be processed as a site plan
modification.
(8) Waivers. This code allows consideration of two types of waivers:
(a) Section 2.4.7(B)(1)(a) authorizes the waiver of certain regulations
irrespective of a property's zoning district. Those waivers may be
considered within the CBD in accordance with those specific provisions.
When reviewing applications that include waivers that can only be
granted by the City Commission, the Site Plan Review and Approval
Board and the Historic Preservation Board shall make formal
recommendations to the City Commission regarding those waivers.
(b) Section 2.4.7(B)(1)(b) authorizes the City Commission to waive certain
other regulations that no other official or board have the authority to
waive.
1. Within the CBD, that authority of the City Commission is limited by
the following restrictions:
a. Building Height Waivers. Waivers to increase the number of
stories of a building may not be granted.
b. Front Setback Waivers. Waivers to decrease the minimum
front setback depth are not permitted if the reduction would
result in a streetscape that does not meet the minimum
requirements of Section 4.4.13(E)(2).
c. Sidewalk Width Waivers. Waivers to decrease the minimum
sidewalk width are not permitted in the CBD.
2. Within the CBD, the following standards shall be used by the City
Commission when considering waiver requests, in addition to the
findings in Section 2.4.7(B)(5):
a. The waiver shall not result in an inferior pedestrian experience
along a Primary Street, such as exposing parking garages or
large expanses of blank walls.
b. The waiver shall not allow the creation of significant
incompatibilities with nearby buildings or uses of land.
c. The waiver shall not erode the connectivity of the street and
sidewalk network or negatively impact any adopted bicycle/
pedestrian master plan.
d. The waiver shall not reduce the quality of civic open spaces
provided under this code.
* * * * * * * * * * * * *
4.4-114
EXHIBIT B SECTION 4.4.13
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4.4-23
Coversheet
MEMORANDUM
TO: Mayor and City Commissioners
FROM: Planning and Zoning Department
THROUGH: Donald B. Cooper, City Manager
DATE: January 26, 2015
SUBJECT: AGENDA ITEM 10.A. - REGULAR COMMISSION MEETING OF FEBRUARY
ORDINANCE NO. 02 -15 - CBD LDR REVISIONS
BACKGROUND
Page 1 of 3
2015
On November 8, 2013, the City of Delray Beach and the Delray Beach Community Redevelopment
Agency entered into an agreement with the Treasure Coast Regional Planning Council to review and
update the city's Land Development Regulations for the Central Business District (CBD) areas
including: the Central Core, the West Atlantic Avenue Neighborhood, and the Beach Area. The
purpose of reviewing and revising the existing regulations is to clarify and provide greater predictability
in the regulations and the process, articulate current priorities of the City and the CRA, and incorporate
more Form -Based Code elements that emphasize the importance of the public realm. The agreement
with TCRPC also includes the creation of architectural design guidelines that will be presented at a later
date.
Companion Ordinances:
The subject ordinance (Ordinance No. 02 -15) to "repeal and replace" LDR Section 4.4.13 Central
Business District is the first of three (3) companion ordinances that are running concurrently. The
purpose of the second ordinance (Ordinance No. 03 -15) is to provide a clean -up to various sections of
the LDRs necessitated as a result of the overall amendments included in the subject replacement
ordinance. A third ordinance is presented that will change the zoning district designation for the two
CBD -RC (Central Business District - Railroad Corridor) area -zoned properties to simply CBD. They will
each maintain the same geographic areas and are simply undergoing a name change, and will be treated
as a sub - district, consistent with the Beach, Central Core, and West Atlantic sub - districts.
The current version of the replacement regulations reflects guidance that was given by the City
Commission at their workshop held on October 14, 2014. The First Reading/Public Hearing was held
on November 18, 2014 at which time the City Commission approved the three companion ordinances
with direction for Treasure Coast Regional Planning Council ( TCRPC) to bring suggested comments
back to City Commission December 9, 2014 as a Second Reading /Second Public Hearing. At the
Second Reading /Second Public Hearing on December 9, 2014, the City Commission gave further
http: // itwebapp /AgendaIntranetBluesheet .aspx ?ItemfD= 8791 &MeetinglD=544 3/23/2015
Coversheet
Page 2 of 3
direction to TCRPC and then moved to continue the Second Reading to a date certain of January 20,
2015. The ordinances have been amended to include a reduction in allowable building height on
Atlantic Avenue between Swinton Avenue and the Intercoastal Waterway. These changes are deemed
substantive enough to prompt the new First Reading/Public Hearing that is scheduled for February 3,
2015.
Following are highlights of the Land Development Regulations revisions including the changes that
have been made since the workshop which are reflected in the ordinance currently before the City
Commission:
a. Geographic regulations previously described by text are mapped for ease of use, including:
i. Properties required to have retail /restaurants on the ground floor
ii. Areas where increased density may be requested
iii. Areas in the West Atlantic Neighborhood appropriate for commercial uses
iv. Boundaries of the Pineapple Grove Neighborhood Plan (which requires board
review)
v. The portion of Atlantic Avenue in the Central Core with special parking requirements
for restaurants
b. Building height is measured by number of stories and overall feet in height. The proposed
maximum of four (4) stories would allow flexibility up to 54' of height. The maximum is slightly
higher to allow taller ceiling heights to facilitate adaptive re -use of buildings over time. In addition, the
allowable building height on Atlantic Avenue, between Swinton Avenue and the Intercoastal Waterway,
has been reduced.
C. All front setbacks are proposed at 10' min. (previous code had a 5' minimum for commercial
uses).
d. New streetscape standards ensure a minimum width of 15' and organize landscaping and
sidewalk areas.
e. All buildings have a step -back at the top of the 3rd story (currently some streets require a step -
back at the top of the 2nd story and 4th stories).
f. A new requirement for Civic Open Space is added to create plazas, greens, parks, etc. in
conjunction with redevelopment.
g. Increases in height above 4 stories and 54 feet are no longer an option in the CBD.
h. Only projects within the West Atlantic Neighborhood Sub - district make request additional
density through a bonus program, which will be reviewed by SPRAB as a Class 5 with City
Commission making the ultimate decision.
i. Bicycle parking requirements are added and vehicular parking requirements are slightly
adjusted. The area along Atlantic Avenue with special parking requirements for restaurants has been
expanded to the Intracoastal Waterway; and professional office parking requirements are changed from
1:300 to 1:500 for office space less than 10,000 square feet.
j. A traffic circulation study is required for large projects or projects which propose moving alleys;
closing streets is not permitted. REVIEW BY OTHERS The Planning and Zoning Board reviewed the
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Coversheet
Page 3 of 3
proposed amendment at a special meeting held on October 6, 2014 and recommended approval on a
vote of 6 to 0.
LEGAL DEPARTMENT REVIEW
Approved as to form and legal sufficiency.
FINANCIAL DEPARTMENT REVIEW
N/A
DISCUSSION
The item before the City Commission is the consideration of a City- initiated amendment to the Land
Development Regulations Section 4.4.13, Central Business District, to repeal and replace current
regulations.
OPERATING COST
N/A
TIMING OF THE REQUEST
The new First Reading/First Public Hearing of the subject item is to occur on February 3, 2015. If
passed on first reading, the second reading will occur on February 24, 2015.
RECOMMENDATION
By motion, approve on first reading Ordinance No. 02 -15, repealing and replacing Section 4.4.13
"Central Business District (CBD)" with new zoning regulations, by adopting the findings of fact and
law contained in the Staff Report and finding that the request is consistent with the Comprehensive
Plan.
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CITE` OF DELRAY BEACH
SUN SENTINEL NOTICE OF PROPOSED AMENDMENTS TO
Published Daily
Fort Lauderdale, Broward County, Florida THE CENTRAL BUSINESS DISTRICT (CBD) —
Boca Raton, Palm Beach County, Florida LAND DEVELOPMENT REGULATIONS
Miami, Miami-Dade County, Florida The City Commission of the City of Delray Beach, Florida, will consider the
STATE OF FLORIDA adoption of Ordinance No. 02-15, a City-initiated amendment to the Land
COUNTY OF BftOWARDlPAI M BEAGHIMIAMI-DARE Development Regulations of the City of Delray Beach; repealing and replacing
Before tr e uncle-signed authority n,LM BEl a Section 4.4.13,"Central Business District(CBD)",with new zoning regulations
1 pe 5 y appeared Mark Kuzniiz who on and reducing the allowable building height on Atlantic Avenue between Swinton
oath _sys thzi ha;she is z d.u,y aLt,,,crized representative of the C;assified Avenue and the Intracoastal Waterway.
Department of the Sun-Sentinel, daily newspaper published in Broward/Palm
BeachlMiami-Dade County, Florida, that the attached copy of advertisement, ORDINANCE NO. 02-15
being, a PUBLIC NOTICE in the matter of THE CITY DFLRAY—ORDINANCE AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH,
NO.02-15 in the paper on FEBRUARY 18,2015 AD AD ID 2994803 Affiant FLORIDA,AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CITY
further says that the said sun-Sentinel is a newspaper published in said OF DELRAY BEACH; REPEALING AND REPLACING SECTION 4.4.13"CENTRAL
BrowardlPalm Seachl Miami-Dade County, Florida, and that the said newspaper BUSINESS DISTRICT (CBD)" WITH NEW ZONING REGULATIONS; REDUCING
has heretofore been continuously published in said BrowardlPalm Beachlmiami- THE ALLOWABLE BUILDING HEIGHT ON ATLANTIC AVENUE BETWEEN
Dade County, Florida, each day, and has entered as second class matter at the SWINTON AVENUE AND THE INTRACOASTAL WATERWAY; PROVIDING A
post office in Fort Lauderdale,in said Broward County,Florida,for a period of one SAVING CLAUSE,A GENERAL REPEALER CLAUSE,AND AN EFFECTIVE DATE.
year next preceding the First publication of the attached copy of advertisement; The City Commission will conduct two (2) Public Hearings for the purpose of
and affiant says that he/she has neither paid, nor promised,any person,firm or accepting public testimony regarding the proposed ordinance. The first Public
corporation any discount, rebate, commission or refund for the purpose of Hearing will be held on TUESDAY. FEBRUARY 3, 2015 AT 7:00 P_M. (or at any
securing this advertisement for public on'n said newspa continuation of such meeting which is set bythe Commission)in the Commission
Chambers at City Hall, 100 N.W. 1st Avenue, Delray Beach, Florida. A second
Public Hearing will be held on TUESDAY, FEBRUARY 24, 2015 AT 7:00 P.M.
Mark Kuznitz,Affi t (or at any continuation of such meeting which is set by the Commission) in the
Sworn to and subscribed before me on FEBRUARY 18 2015 A.D Commission Chambers at City Hall, 100 N.W. 1st Avenue,Delray Beach,Florida.
All interested citizens are invited attend the public hearings and comment upon
the proposed ordinance or submit their comments in writing on or before the date
!IN
LRYG a l9f. of these hearings to the Planning and zoning Department. For further information
p Signature of Notary Public) or to Obtain a Copy of the pro p p
osed ordinance, lease contact the Planning and
CfI�?»7S81ryi? w983i1
;cPlr�r�Iar��F�2te1e Zoning Department, City Hall, 100 N.W. 1st Avenue, Delray Beach, Florida 33444
" email at:pzmail@m delra b ) g )
I�1�e-etss �IaddalVolanSzrrca.wm Name of Notary typed,printed or stamped) ( y y eaCh.COm or by callin 561/243-7040 ,between the
Personally Known X or Produced Identification hours of 8:00 a.m.and 5:00 p.m.,Monday through Friday,excluding holidays. In
addition,a copy of the proposed amendments may be viewed online by visiting the
City's website at www.mydelraybeach.com;select Proposed LDR Amendments,
Central Business District on the Planning and Zoning Department's web page.
Please be advised that if a person decides to appeal any decision made by the
City Commission with respect to any matter considered at these hearings,such
person will need a verbatim record of the proceedings, and for this purpose
such person may need to ensure that a verbatim record of the proceedings
is made, which record includes the testimony and evidence upon which the
appeal is based. The City does not provide or prepare such record pursuant to
i- F.S.286.0105.
i
CITY OF DELRAY BEACH
PUBLISH: Monday,January 26-.2015 Cheve[le D. Nubin,MMC
Wednesday,February 18,2015 City Clerk
gB 1 Sun Sentinel SunSentin=,l.ccm Monday,January 26,2015 PN
CITY OF DELRAY BEACH
NOTICE OF PROPOSED AMENDMENTS TO
THE CENTRAL BUSINESS DISTRICT (CBD) -
LAND DEVELOPMENT REGULATIONS
The City.Commission of the City of Delray Beach, Florida, will consider the
adoption of Ordinance No. 02-15, a City-initiated amendment to the Land
Development Regulations of the City of Delray Beach; repealing and replacing
Section 4.4.13, "Central Business District(CBD)", with new zoning regulations
and reducing the allowable building height on Atlantic Avenue between Swinton
Avenue and the Intracoastal Waterway..
ORDINANCE NO. 02-15
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH,
FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CITY
OF DELRAY BEACH; REPEALING AND REPLACING SECTION 4.4.13 "CENTRAL
BUSINESS DISTRICT (CBD)" WITH. NEW ZONING REGULATIONS; REDUCING
THE ALLOWABLE BUILDING HEIGHT ON ATLANTIC AVENUE BETWEEN
SWINTON AVENUE AND THE INTRACOASTAL WATERWAY; PROVIDING A
SAVING CLAUSE,A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE.
The City Commission will conduct two (2) Public Hearings for the purpose of
accepting public testimony regarding the proposed ordinance. The first Public
Hearing will be held on TUESDAY. FEBRUARY 3, 2015 AT 7:00 P.M. (or at any
continuation of such meeting which is set bythe Commission)in the Commission
Chambers at City Hall, 100 N.W. 1st Avenue, Delray Beach, Florida. A second
Public Hearing will be held on TUESDAY. FEBRUARY 24, 2015 AT 7:00 P.M.
(or at any continuation of such meeting which is set by the Commission) in the
Commission Chambers at City Hall, 100 N.W. 1st Avenue, Delray Beach, Florida.
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 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. 1st Avenue, Delray Beach, Florida 33444
(email at: pzmail@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. In
addition,a copy of the proposed amendments may be viewed online by visiting the
City's website at www.mydelraybeach.com;select Proposed LDR Amendments-
Central Business District on the Planning and Zoning Department's web page.
Please be advised that if a person decides to appeal any decision made by the
City Commission.with respect to any matter considered at these hearings, such
person will need a verbatim record of the proceedings, and for this purpose
such person may need to ensure that a verbatim record of the proceedings
is made, which record includes the testimony and evidence upon which the
appeal is based, The City does not provide or prepare such record pursuant to
F.S. 286.0105.
CITY OF DELRAY BEACH
PUBLISH: Monday,January 26, 2015 Chevelle D. Nubin, MMC
Wednesday, February 18, 2015 City Clerk