Ord 27-15ORDINANCE NO. 27-15
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT
REGULATIONS OF THE CITY OF DELRAY BEACH; AMENDING
ARTICLE 4.4.13(B)(6) "OLD SCHOOL SQUARE HISTORIC ARTS
DISTRICT (OSSHAD) ZONING WITH CBD OVERLAY"; AMENDING
SECTION 4.4.13(B), FIGURE 4.4.13-5, "CENTRAL CORE & BEACH SUB -
DISTRICTS REGULATING PLAN"; AMENDING SECTION 4.4.13(B),
FIGURE 4.4.13-6, "WEST ATLANTIC NEIGHBORHOOD SUB -DISTRICT
REGULATING PLAN"; AMENDING SECTION 4.4.13(C), TABLE
4.4.13(A), "ALLOWABLE USES IN THE CBD SUB -DISTRICTS";
AMENDING SECTION 4.4.13(D)(1)(A) `BUILDING HEIGHT";
AMENDING SECTION 4.4.13(E)(4) "FRONTAGE TYPES'; AMENDING
SECTION 4.4.13(F) "ARCHITECTURAL STANDARDS"; AMENDING
SECTION 4.4.13(G) "CIVIC OPEN SPACES'; AMENDING SECTION
4.4.13(1)(2) "MINIMUM NUMBER OF OFF-STREET SPACES";
AMENDING SECTION 4.4.13(x)(7) "CONDITIONAL USES";
AMENDING SECTION 4.4.24(B) "PRINCIPAL USES AND
STRUCTURES'; AMENDING SECTION 4.4.24(C) "ACCESSORY USES
AND STRUCTURES PERMITTED"; AMENDING SECTION 4.4.24(F)
"DEVELOPMENT STANDARDS"; AMENDING SECTION 4.5.1(E)(2)
"MAJOR AND MINOR DEVELOPMENT"; AMENDING SECTION
4.5.6(B) "DEFINED"; AMENDING SECTION 4.7 "FINDINGS";
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;
WHEREAS, recent updates to the land development regulations for the Central Business District
require modifications to ensure the intent is achieved and to make those 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 Planning and Zoning Board pursuant to
LDR Section 1.1.6. The Planning and Zoning Board reviewed these amendments at a public hearing held
on June 15, 2015 and recommended 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 determined these amendments to be consistent with the Delray Beach Comprehensive Plan; and
WHEREAS, the City Commission, at duly noticed public hearings on September 15, 2015, and
on October 6, 2015, received and considered comments from the Planning and Zoning Board and from
the public, and gave careful consideration to all aspects of this ordinance; and
ORD. NO. 27-15
WHEREAS, the City Commission has determined it to be in the best interest of the City
Delray Beach that the land development regulations be amended as described in this ordinance.
of
NOW, THEREFORE, BE IT ORDAINED BY THE CITY CONMSSION OF DELRAY
BEACH, AS FOLLOWS:
Section 1. That Section 4.4.13(B)(6) of the land development regulations, "Old School Square
Historic Arts District(OSSHAD) Zoning with CBD Overlay," shall be amended to read as follows:
(6) Old School Square Historic Arts District (OSSHAD) ZoninLF with _CBD Overlay. Properties
with OSSHAD Zoning with CBD Overlay may follow the GetAfal Gar CBD 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). Section 4.4.24(F) identifies OSSHAD
properties with CBD Overlay and which CBD Sub -district standardsapply.
Section 2. That Section 4.4.13(B) Figure 4.4.13-5, "Central Core & Beach Sub -Districts
Regulating Plan," be amended to accurately reflect the Atlantic Avenue Limited Height Area on
properties with OSSHAD Zoning with CBD Overlay and to indicate Atlantic Avenue as a Primary Street
with Required Retail Frontage in front of properties with OSSHAD Zoning with CBD Overlay as shown
in "Exhibit A."
Section 3. That Section 4.4.13(B) Figure 4.4.13-6, "West Atlantic Neighborhood Sub -District
Regulating Plan," be amended to depict properties with OSSHAD Zoning with CBD Overlay and to
indicate Atlantic Avenue as a Primary Street with Required Retail Frontage in front of properties with
OSSHAD Zoning with CBD Overlay as shown in "Exhibit B."
Section 4. That Table 4.4.13(A) of the land development regulations, "Allowable Uses in the CBD
Sub -Districts," shall be amended to read as follows:
ORD. NO. 27-15
Table 4.4.13 (A) - Allowable Uses in the CBD Sub -Districts
West
Central Railroad Beach Atlantig
Core Corridor Area Neigh.
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), excluding drive-through facilities
P
P
P
P
Multiple -family dwellings', including residential licensed service provider facilities
P
P
P
P
Assisted [wing facilities, nursing homes, and continuing care facilities
P
P
P
P
Livetwork units (see 4.3.3(KKK))
P
P
P
P
Hotels, motels, and residential -type inns' (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,.g,
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(x))
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)
ASS
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)
AS
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 facilities6 (serving banks,n^+^+^tea ^ +^^+^ 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(=))
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 4.3.3W)
C
C
C
C
LEGEND: P = Principal Use A = Accessory Use C = Conditional Use - = Prohibited Use S m Secondary Street Use
i Sales of automotive parts, lawn care equipment, firearms, or second hand material (other than vedflable 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.
x See Section 4.4.13 (C)(4)(c) for limitations an the rental of sporting goods and equipment.
' 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.
6 Drive-through restaurants are not permitted within the CBD.
ORD. NO. 27-15
Section 5. That Section 4.4.13(D)(1)(a) of the land development regulations, "Building Height,"
shall be amended to read as follows:
(1)-(6) [NO CHANGES]
(7) Mezzanines that exceed the percentage of floor area for a mezzanine defined in the Florida Buildin
Code 15 per-eent of floorareare counted as stories for the purpose of measuring height. For the
p=oses of measuring building height, parking levels are counted as set forth in Section
4.4.13(D)(8).
(8) -(12) [NO CH4NGEq
Section 6. That Section 4.4.13(E)(4) of the land development regulations, "Frontage Types," shall
be amended to read as follows:
4) Frontage Types. Frontage Types define architectural characteristics for the detailing of building
entrances. -SSeven 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
Porch
Stoop
Bracketed
Forecourt
Storefront
Arcadel
Dobby
Balcony
Colonnade
Entry
Commercial
X
X
X
X
X
X
Residential
X
X
Live/Work
X
X
X
X
X
X
X
Townhomes and
Single- Family
X
X
X
X
PLAT 1 in #aUses
Al I Other Types of
X
X
X
X
X
Residential
—
J
ORD. NO. 27-15
(a) - ( [NO CHANGES]
W [EXHIBIT C ADDED WITS ENTIRETY]
Section 7. That Section 4.4.13(F) of the land development regulations, "Architectural Standards,"
shall be amended to renumber Figure 4.4.13-27 to Figure 4.4.13-29.
Section 8. That Section 4.4.13(G) of the land development regulations, "Civic Open Spaces," shall
be amended to renumber Figure 4.4.13-28 to Figure 4.4.13-30; Figure 4.4.13-29 to 4.4.13-31; and Figure
4.4.13-30 to 4.4.13-32.
Section 9. That Section 4.4.13(1)(2) of the land development regulations, "Minimum Number of
Off Street Spaces," shall be amended to read as follows:
(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(��) 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. — 2. [NO CHANGES]
(b) — (d) [NO CHANGES]
(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, except for new restaurant and lounge uses, within an existing building, provided
additional floor area is not created. The distance shall be measured along the closest pedestrian
route between nearest building entrances/the planned station location.
(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. The distance shall be measured
along the closest pedestrian route between nearest building entrances/the planned station location.
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.
(g) 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%. The distance shall be measured along the closest pedestrian route between
nearest building entrances/the planned station location.
(h) [NO CHANGES]
ORD. NO. 27-15
Table 4.4.13N!=
Minimum Number of Off-street Parking Spaces Required in the CBD
Commercial Uses
HotelslMotels4
.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
garage or Planned Tri -Rail Coastal Link station
1 space per 300 sf. of net floor area
Business and Professional Office >10,000sf
located within 750 feet of a public parking garage
or Planned Tri -Rail Coastal Link station
1 space per 500 sf. of net floor area
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 s€. 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
.2D spaces per
LiveANork Units
2 spaces per unit
Alternative Fuel Parking Spaces
Residential
3%0 of Required Parking Spaces
Commercial
3% of Required Parking Spaces
ORD. NO. 27-15
Section 10. That Section 4.4.13(x)(7) of the land development regulations, "Conditional Uses," shall be
amended to read as follows:
(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.
1. Drive-in or drive-through restaurants are not permitted within the West _ear ;t,c
the
CBD zoning district boundaries.
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.
1. 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 4.4.13-3433. No more than eight dispensing
locations are permitted.
2.-3. [NO 0114 NGES]
(c) - (f) [NO CHANGES]
Section 11. That Section 4.4.24(B) of the land development regulations, "Principal Uses and
Structures," shall be amended to read as follows:
(B) Principal Uses and Structures: The following types of uses are allowed within the OSSHAD as
a permitted use:
(1) — (11) [NO CH,4NGES]
(12) Within the following described areas, the uses allowed as permitted uses in Section
4.4.13(BC) pursuant to the lie corresponding sub -district and special regulations of the
Central Business District regulations shall also be allowed in the OSS14AD:
(a) West Atlantic Neighborhood Sub -district
1. Lots 13-16, Block 60
{b} . Lots 1- 4, Block 61
(eb)Ccntral Core Sub -district
1. Lots 1- 7 and 19-24, Block 69
(d)-2. Lots 7- 8, and the South 34.75 feet of Lot 6, Block 75; and
(e}-3. Lots 1- 6, Block 76
7 ORD. NO. 27-15
(13)-(15) [NO CHANGES]
Section 12. That Section 4.4.24(C) of the land development regulations, "Accessory Uses and
Structures Permitted," shall be amended to read as follows:
(C) Accessory Uses and Structures Permitted: The following uses are allowed when a part of, or
accessory to, the principal use:
[NO CHANGES]
(6) Within the following described areas, the uses allowed as accessory uses in Section 4.4.13(C)
pursuant to the base corresponding sub -district and special regulations of the Central
Business District regulations shall also be allowed in the OS SHAD:
(a) West Atlantic Neighborhood Sub -district
1. Lots 13-16, Block 60
(fir) 2. Lots 1- 4, Block 61
(eb) Central Core Sub -district
1. Lots 1- 7 and 19-24, Block 69
(d) 2. Lots 7- 8, and the South 34.75 feet of Lot 6, Block 75; and
(e) 3�Lots 1- 6, Block 76
Section 13. That Section 4.4.24(F) of the land development regulations, "Development Standards,"
shall be amended to read as follows:
(F) Development Standards: The development standards as set forth; for the OSSHAD District, in
Section 4.3.4 apply, except as modified below:
(1) The following locations shall be subject to the development standards of the GefflfflereiA
Central Core Sub -district (CC) -are of the CBD Zone District,
height limitations i:n Rpptipi4 4.3.4(J)(4)1 -
(a) Lots 1- 7 and 19-24, Block 69
(b) Lots 7- S, and the South 34.75 feet of Lot 6, Block 75; and
(c) Lots 1- 6, Block 76
(2) . The following locations shall be subject to the development standards of the West
Atlantic Neighborhood Sub -district {VLarea of the CBD Zone District:=
(a) Lots 13-16, Block 60
(b) Lots 1- 4, Block 61
(3)-(7) [NO CH4NGEM
Section 14. That Section 4.5.1(E)(2) of the land development regulations, "Major and Minor
development," shall be amended to read as follows:
(b) Major development shall be considered:
8 ORD. NO. 27-15
1. New construction in all historic districts except CBD and CF zoned properties and
properties zoned OSSHAD subject to the D ---development standards of Section
4.4.13); or,
2. The construction, reconstruction, or alteration of a building in excess of twenty-five
percent (25%) of the existing floor area, and all appurtenances, except for properties
zoned CBD, CF, or OSSHAD, subject to the D—development ,"—standards of Section
4.4.13). For the purposes of this section, all limitations and regulations shall be
reviewed in a cumulative manner fiom the date of passage of this ordinance in 2008; or,
3. The construction, reconstruction, or alteration of any part of the front fagade of an
existing contributing residential or non-residential structure and all appurtenances, except
for properties zoned CBD, CF, or OSSHAD, subject to the D -development 8 -standards of
Section 4.4.130}
(c) Minor development shall be considered:
1. New construction in all historic districts on property zoned CBD, CF, or OSSIIAD subject
to the D -development 8 -standards of Section 4.4.13)-; or,
2. Modifications to existing contributing and noncontributing structures in all historic districts
on property zoned CBD, CF, or OSSHAD subject to the Ddevelopment -9standards of
Section 4.4.130} or,
3. — 5. [NO CHANGES]
Section 15. That Section 4.5.6(B) of the land development regulations, "Defined," shall be amended
to read as follows:
(B) Defined: The West Atlantic Avenue Overlay District is hereby established as the area bounded by
1-95 on the west, Swinton Avenue on the East, S.W. 1st Street on the south, and N.W. 1st Street
on the north, and extending one block north of N.W. I" Street along N.W. 5th Avenue to include
Blocks 19 and 27, Town of Delray. The regulations established for the West Atlantic
Neighborhood Sub -district in Section 4.4.13(C3(2} shall apply to all CBD zoned parcels within
the Overlay District.
Section 16. That Section 4.7of the land development regulations, "Findings," shall be amended to
read as follows:
(A) — (H) [NO CHANGES]
(1) The City Commission also desires to establish additional incentives to encourage additional
Family/Workforce Housing, including but not limited to requirements to provide additional
workforce housing for developments that request increases in height and/or density pursuant to
Section 4.3.4(J)(4)(b) and 4.4.13(fH).
(J) [NO CHANGES]
9 ORD. NO. 27-15
Section 17. 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 18. That all ordinances or parts of ordinances in conflict herewith are hereby repealed.
Section 19. That this ordinance shall become effective upon its adoption on second and final reading.
PASSED AND ADOPTED in regular session on second and final reading on this 20th day of
October, 2015.
ATTEST:
city clerk
First Reading: October 6, 2015
Second Reading: October 20 2015
10 ORD. NO, 27-15