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85-86 ORDINANCE NO. 85-86 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 30, "ZONING", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY ENACTING A NEW SECTION 30-15.5 "CF (COMMUNITY FACILI- TIES) ", PROVIDING (A) "PURPOSE", (B) "PERMITTED USES", (C) "CONDITIONAL USES", (D) "LOT DIMENSIONS AND SITE AREA", (E) "AGGREGATE FLOOR AREA REQUIREMENTS", (F) "BUILDING SETBACKS", (G) "GROUND FLOOR BUILDING AREA", (H) "TOTAL FLOOR AREA" , (I) "BUILDING HEIGHT" , (J) "PARKING AND LOADING REGULATIONS" , (K) "WALLS AND FENCES" , (L) "DISTRICT BOUNDARY LINES" , (M) "LANDSCAP- ING'', (N) "SIGNS", (0) "SPECIAL REGULATIONS"; BY AMENDING SECTION 30-18 "OFF-STREET PARKING REGULATIONS", SUBSEC- TION (B) "GENERAL REQUIREMENTS" (4) "LOCATION OF OFF- STREET PARKING SPACES" (g) "OFF-SITE PARKING", FIRST PARAGRAPH OF SUBSECTION (1) TO ADD "CF (COMMUNITY FACILI- TIES)''; BY AMENDING CHAPTER 9, "BUILDINGS AND CONSTRUC- TION'', ARTICLE VIII, "SIGNS AND BILLBOARDS", SECTION 9-210, "SIGNS PERMITTED AND REGULATED", TO ADD A NEW SUBSECTION (H) "CF (COMMUNITY FACILITIES) DISTRICT", ESTABLISHING REGULATIONS FOR SIGNS WITHIN THE CF (COMMU- NITY FACILITIES) DISTRICT; BY AMENDING CHAPTER 23, "STREETS AND SIDEWALKS", ARTICLE I, "IN GENERAL", SECTION 23-4, "WALLS, FENCES, HEDGES OR SIMILAR STRUCTURES ALONG PUBLIC RIGHTS-OF-WAY GENERALLY" (C) "REQUIREMENTS IN NONRESIDENTIAL AREAS" TO ADD "ALL CO~UNITY FACILITIES"; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That Chapter 30, "Zoning" of the Code of Ordinances of the City of Delray Beach is hereby amended by enacting a new Section 30-15.5 "CF Community Facilities" to read as follows: Sec. 30-15.5 CF Community Facilities (A) PURPOSE The CF zoning district is intended to identify locations for facilities which serve public and semi-public purposes, includ- ing both privately and publicly owned facilities. Such facili- ties shall include cultural, educational, medical, institu- tional and governmental facilities. (B) PERMITTED USES All uses, except School District uses, which are exempt by State Law, and abused spouse residences, shall be subject to Site and Development Plan Approval (Section 30-22), and review by the Community Appearance Board. (1) Abused spouse residences (2) Cemeteries (3) Civic Centers (4) Community centers (5) Community theatres (6) Courts, courthouses, and related functions, including temporary holding facilities for persons awaiting trial but not including prisons or jails (7) Cultural facilities and auditoriums (8) Crafts facilities, arts and crafts centers, public (9) Educational institutions, public (10) Fire stations (11) Governmental office buildings (12) Governmental parking lots and structures (13) Governmental public health and rehabilitation facili- ties (14) Libraries (15) Museums (16) Police and Sheriff's stations (17) Post offices (18) Public parks and open spaces (19) Public utilities in a fully enclosed building (C) CONDITIONAL USES As prescribed in Section 30-21, and after the review of the application and Site and Development Plans appurtenant thereto, and hearing thereon, the Planning and Zoning Board finds as a fact that the proposed use or uses are consistent with good zoning practice, not contrary to the Master Plan, and not detrimental to the promotion of public appearance, comfort, convenience, general welfare, good order, health, prosperity, and safety of the City, the following uses may be recommended to the City Council as Conditional Uses: (1) Adult Congregate Living Facilities, subject to Section 30-17(T) (2) Alcohol and drug abuse treatment facilities, subject to Section 30-17(V) (3) Child care and adult day care facilities, subject to Section 30-17(M) (4) Churches or places of worship and their attendant educational, recreational, and columbarium facilities (5) Educational institutions, private (6) Day care centers, kindergartens, nursery schools, other preschool facilities, subject to Section 30-17 (M) (7) Group homes, Levels I, II, and III subject to Section 30-8.8 (8) Helipads, associated with hospitals (9) Hospitals (10) Laboratories, treatment centers, rehabilitation centers, testing facilities associated with or located in close proximity to hospitals, subject to Section 30-15.5(O) (11) Medical office buildings associated with or located in close proximity to hospitals, subject to Section 30-15.5(O) (12) Mental health treatment facilities (13) Public works complexes, including vehicle servicing towers, accessory equipment facilities (14) Radio, television transmission and relay stations (15) Refuse transfer stations (16) Sewage treatment facilities (17) Stadiums (18) Transportation stations and terminals (train, bus, taxi) (D) LOT DIMENSIONS AND SITE AREA (1) Residential care facilities (Abused spouse residenc- es, Adult Congregate Living Facilities, Drug and Alcohol Treatment Facilities, Group Homes) shall comply with the requirements of the RH zoning dis- trict. -2- Ord. No. 85-86 (2) Hospitals shall comply with the requirements of Section 30-17(N). (3) Other non-residential facilities. No requirements (E) AGGREGATE FLOOR AREA REQUIREMENTS (1) Residential care facilities (Abused spouse residences, Adult Congregate Living Facilities, Drug and Alcohol Treatment Facilities, Group Homes) constructed as single family homes shall comply with the requirements of the R-IA zoning district. Those constructed as multi-family structures shall comply with the requirements of the RH zoning district. (2) Non-residential facilities No requirements (F) BUILDING SETBACKS (1) Residential care facilities (Adult Congregate Living Facilities, Drug and Alcohol Treatment Facilities, Group Homes) shall comply with the requirement of the RH District. (2) Hospitals shall comply with the requirements of Section 30-17(N)(4). (3) Non-residential facilities Except as otherwise regulated herein, the following requirements apply: (a) Every lot with a. depth of less than three hundred feet shall have a minimum landscaped front and side (street) setback of 10 feet. Every lot with a depth greater than 300 feet shall have a minimum landscaped front setback of 15 feet, and a minimum landscaped side (street) setback of 10 feet. (b) Side interior and rear setbacks shall be ten (10) feet. Landscaping shall be as otherwise provided by Code. (G) GROUND FLOOR BUILDING AREA No requirements (H) TOTAL FLOOR AREA No requirements (I) BUILDING HEIGHT No building or structure shall be constructed to a height exceeding forty-eight (48) feet, except in those cases where there is demonstration of need, City Council, at the time of site plan review, may approve a building height exceeding forty-eight (48) feet up to sixty (60) feet. 3 Ord. No. 85-86 (J) PARKING AND LOADING REGULATIONS All or part of the off-street parking spaces may be located on an off-site parking area within three hundred (300) feet of the lot or parcel of land on which the principal use or building is located when approved in accordance with the provisions of Section 30-18(F) "Administrative Relief". The off-site parking. area shall be located within a CF Community Facilities, RM-10 Multiple Family Dwelling District, RH Medium High to High Density Dwelling District, RM-15 Multiple Family Dwelling District, GC General Commercial, CBD Central Business District, SC Specialized Commercial, LC Limited Commercial, LI Light Industrial, or MI Medium Industrial zoning district. The distance of 300 feet will be measured along an approved pedes- trian route. Pedestrian walkways to the principal building or use must be present and major obstacles to pedestrian travel shall not intervene. See Section 30-18 and Section 30-19. (K) WALLS AND FENCES See Section 30-17(I). (L) DISTRICT BOUNDARY LINES Where a CF District is adjacent to a residential district, whether separated by a street or an alley, there shall be either: (1) a landscaped setback of 15 feet or (2) a landscaped setback of 10 feet and either a six foot solid finished masonry wall or a continuous hedge at least four and one-half (4 1/2) feet in height at the time of installation, located inside and adjacent to that portion of the boundary line of the CF property which is adjacent to the .residential district. (M) LANDSCAPING For hospitals, see Section 30-17(N) (8). All other uses: see Chapter 9, Article X. (N) SIGNS See Chapter 9, Article VIII. (O) SPECIAL REGULATIONS (1) All CF uses are subject to the provisions of Section 30-16. (2) Cafeterias, snack bars, restaurants, exercise facili- ties and child care facilities are permitted ac- cessory uses, but shall not have signage outside of the building, shall not advertise to the public, and shall not be contained in buildings separate from the primary CF use. (3) Laboratories, treatment centers, rehabilitation centers, testing facilities, and medical office buildings shall be either located on the same site as a hospital, or within 1,500 linear feet of a hospital, measured from property line to property line. -4- Ord. No. 85-86 (4) Helipads associated with hospitals shall be located either on the roof, or in close proximity to emer- gency treatment facilities in a clearly delineated area. An enclosed waiting area shall be provided for roof top helipads. Helipads shall be subject to all applicable state and federal laws and regulations, and shall not be in proximity to a public right-of- way. Section 2. That Chapter 30, "Zoning", Section 30-18 "Off- Street Parking Regulations", Subsection (B) "General Requirements" (4) "location of Off-street Parking Spaces" (g) "Off-site Parking" (1) of the Code of Ordinances of the City of Delray Beach, Florida, is hereby amended to read as follows: (1) Within the CF Communit~ Facilities, GC General Commercial, CBD Central Business District, SC Specialized Commercial, LC Limited Commercial, LI Light Industrial, and MI Medium Industrial zoning districts, all or part of the off-street parking spaces may be located on an off-site parking area within three hundred (300) feet of the lot or parcel of land on which the principal use or building is located when approved in accordance with the provisions of Sec. 30-18(F) "Administrative Relief", and subject to the conditions set forth at sub-paragraph (3) below. The distance of 300 feet will be measured along an approved pedestrian route. The off-site parking area shall have the same general kind of zoning classification as the principal lot or parcel of land; i.e., commercial or industrial. Pedestrian walkways to the principal building or use must be present and major obstacles to pedestrian travel shall not intervene. Examples of unacceptable intervening obstacles include heavily traveled roadways, railroad right-of-ways, canals or other bodies of water, and the lack of walkways separating the pedestrian from vehicular traffic for a substantial distance. The purpose of this sub-paragraph (1) is to allow off-site employee parking for those businesses lacking sufficient space; these off-site parking areas will not be utilized to satisfy customer parking needs. Section 3. That Chapter 9, "Buildings and Construction", Article VIII, "Signs and Billboards", Section 9-210, "Signs permitted and regulated" of the Code of Ordinances of the City of Delray Beach is hereby amended by enacting a new subsection (H) to read as follows: (H) COMMUNITY FACILITIES DISTRICT (1) One primary free standing ground or monument sign identifying the community facility shall be permitted on each major street. Said signs shall be illuminated either by lights located at the base of the sign and directed upwards, self-illuminated or backlighted. No sign shall be exposed neon. Said signs shall be constructed of materials compatible with the materials of community facility itself and shall not exceed sixty-four (64) square feet per sign face. Signs shall be set back ten (10) feet within the landscaped front and side street setbacks, but shall not be located within utility ease- ments and shall not extend into pedestrian walkways. Maximum sign height shall be eight (8) feet. An applicant who has permission to erect a sign within a setback or -5- Ord. No. 85-86 future right-of-way shall comply with Section 9-212(b) (2) and shall be required to sign an agreement which sh~ll be countersigned by the property owner indicating that it is the obligation of the owner of the sign and/or the prop- erty owner to relocate the sign at such time as the City determines that the additional right-of-way or setback is required for City purposes. In addition, if the right-of- way is not within the jurisdiction of the City, the applicant must obtain permission from the government entity controlling the right-of-way to erect the sign in the requested and approved location. The City may also require insurance or bonds in specific circumstances. (2) A flat wall sign shall be allowed for the main building and each accessory use building. Flat wall signs shall not exceed five percent (5%) of the building face, shall be limited to the first twelve (12) feet from floor level multiplied by the width of the building (subject to decrease in size or area by the Community Appearance Board), shall consist of materials compatible with the materials used for constructing the Community Facility, and shall not be exposed neon. Maximum sign size shall be 100 square feet. (3) A free standing parking area identification sign shall be permitted at the entrance to each parking lot or parking structure. These free standing signs shall not exceed four (4) square feet, shall not exceed five (5) feet in height and shall not be exposed neon, but may be illuminated. (4) Free standing internal direction signs, not exceeding four (4) square feet, not exceeding five (5) feet in height, and not exposed neon, shall be permitted as needed. (5) A hospital shall be permitted to use one (1) illuminated pole identification sign per main street, not exceeding eighteen (18) feet in height, with one hundred (100) square feet per sign face. Such signs shall be set back ten (10) feet within landscaped setbacks and shall not be exposed neon. (6) A hospital shall be permitted to use one (1) illuminated accessory use pole sign per emergency entrance, not exceeding eighteen (18) feet in height, with thirty-two (32) feet per sign face. Such signs shall be set back ten (10) feet within landscaped setbacks and shall not be exposed neon. (7) A hospital applicant with permission to erect a sign within a setback or future right-of-way shall comply with Section 9-212(b) (2) and shall be required to sign an agreement which shall be countersigned by the property owner indicating that it is ~the obligation of the owner of the sign and/or the property owner to relocate the sign at such time as the City determines that additional right-of-way or setback is required for City purposes. If the right-of-way is not within City jurisdiction, the hospital applicant must obtain permission from the government entity controlling the right-of-way to erect the sign in the requested and approved location. The City may also require insurance or bonds in specific circumstances. -6- Ord. No. 85-86 Section 4. That Chapter 23, "Streets and Sidewalks", Article I, "In General", Section 23-4, "Walls, fences, hedges or similar struc- tures along public rights-of-way generally", (c) "Requirements in non-residential areas" of the Code of Ordinances of the City of Delray Beach, Florida, is hereby amended to read as follows: (c) Requirements in nonresidential areas. In all SAD, all Commercial, all Communit~ Facilities, and all Industrial zoning districts, walls, fences, hedges and similar structures shall: Section 5. That all ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed. Section 6. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a Court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 7. That this ordinance shall become effective ten days after passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the 25th day of November , 1986. MAYOR ATTEST: First Reading November 121~ l qR~; Second Reading November ~ 1986 -7- Ord. No. 85-86