Ord No. 07-17ORDINANCE NO. 07-17
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AMENDING THE
LAND DEVELOPMENT REGULATIONS OF THE CODE OF
ORDINANCES BY AMENDING SECTION 4.3.3, "SPECIAL
REQUIREMENTS FOR SPECIFIC USES", BY REPEALING
SUBSECTION (D), "COMMUNITY GARDENS" IN ITS
ENTIRETY AND ENACTING A NEW SUBSECTION (D)
ENTITLED, "URBAN AGRICULTURE" TO PROVIDE
SPECIFIC DESIGN AND REVIEW CRITERIA FOR URBAN
AGRICULTURE USES; BY AMENDING THE FOLLOWING
SECTIONS TO REMOVE COMMUNITY GARDENS AS A
PERMITTED USE: SECTION 4.4.3, "SINGLE FAMILY
RESIDENTIAL (R-1) DISTRICTS", SECTION 4.4.5, "LOW
DENSITY RESIDENTIAL (RL) DISTRICT', AND SECTION
4.4.6, "MEDIUM DENSITY RESIDENTIAL (RM) DISTRICT";
AND BY AMENDING THE FOLLOWING SECTIONS TO
ADD URBAN AGRICULTURE AS A PERMITTED USE:
SECTION 4.4.1, "AGRICULTURE ZONE DISTRICT (A)";
SECTION 4.4.2, "RURAL RESIDENTIAL ZONE (RR)
DISTRICT"; SECTION 4.4.9, "GENERAL COMMERCIAL (GC)
DISTRICT; SECTION 4.4.11, "NEIGHBORHOOD
COMMERCIAL (NC) DISTRICT"; SECTION 4.4.12,
"PLANNED COMMERCIAL (PC) DISTRICT"; SECTION
4.4.13, "CENTRAL BUSINESS (CBD) DISTRICT", TABLE
4.4.13(A) ALLOWABLE USES IN THE CBD SUB -DISTRICTS";
SECTION 4.4.19, "MIXED INDUSTRIAL AND COMMERCIAL
(MIC) DISTRICT"; SECTION 4.4.20, "INDUSTRIAL m
DISTRICT"; SECTION 4.4.21, "COMMUNITY FACILITIES (CF)
DISTRICT"; SECTION 4.4.24, "OLD SCHOOL SQUARE
HISTORIC ARTS DISTRICT (OSSHAD) DISTRICT", SECTION
4.4.26, "LIGHT INDUSTRIAL (LI) DISTRICT"; SECTION 4.4.29,
"MIXED RESIDENTIAL, OFFICE AND COMMERCIAL
(MROC) DISTRICT"; AND BY AMENDING SECTION 4.6.6.,
"COMMERCIAL AND INDUSTRIAL USES TO OPERATE
WITHIN A BUILDING" TO LIST URBAN AGRICULTURE AS
AN ALLOWABLE OUTSIDE USE; BY AMENDING SECTION
4.6.9, "OFF-STREET PARKING REGULATIONS" AND
SECTION 4.4.13 "CENTRAL BUSINESS (CBD) DISTRICT" TO
ESTABLISH PARKING REQUIREMENTS FOR URBAN
AGRICULTURE USES; BY AMENDING APPENDIX A
"DEFINITIONS" TO PROVIDE FOR RELATED
DEFINITIONS; PROVIDING A CONFLICTS CLAUSE, A
SEVERABILITY CLAUSE, AND AUTHORITY TO CODIFY;
PROVIDING AN EFFECTIVE DATE; AND FOR OTHER
PURPOSES.
WHEREAS, the City of Delray Beach desires to promote local production of crops for local
consumption and to promote the health, environmental, and economic benefits of having such uses
in the City; and
WHEREAS, the purpose and intent of this amendment is to encourage Community
Gardens within the City of Delray Beach by removing them from the Land Development
Regulations (LDRs) and making them a program that will be administered by City staff while adding
Urban Agriculture to the LDRs as a land use within the City; and
WHEREAS, Urban Agriculture includes urban farms, commercial rooftop gardens,
community gardens, and other innovative food production methods in a small area; and
WHEREAS, Urban Agriculture offers the possibility of growing food and plants closer to
the location of consumption and thereby increasing access to fresh produce for residents and local
businesses; and
WHEREAS, Community Gardens promote the local production of food for use or
consumption by the individuals directly involved; and
WHEREAS, the City wants to snake the process and oversight for Community Gardens
more efficient and timely, while still providing rules and regulation to protect both the Community
Garden and the neighboring properties; and
WHEREAS, pursuant to Florida Statute 163.3174(4)(c), the Planning and Zoning Board,
sitting as the Local Planning Agency (LPA), has determined that the amendments are consistent with
and further the goals, objectives and policies of the Comprehensive Plan; and
ORD. No. 07-17
2
WHEREAS, pursuant to LDR Section 1.1.6, the Planning and Zoning Board reviewed the
proposed text amendment at a public hearing held on and voted
to recommend that the changes be approved; and
WHEREAS, the City Commission of the City of Delray Beach adopts the findings in the
Planning and Zoning Staff Report; and
WHEREAS, the City Commission of the City of Delray Beach finds the Ordinance is
consistent with the Comprehensive Plan.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the recitations set forth above are incorporated herein.
Section 2. That Section 4.3.3, "Special Requirements for Specific Uses", Paragraph (D),
"Community Gardens", shall hereby be repealed in its entirety and a new Subsection (D), "Urban
Agriculture", of the Land Development Regulations of the City of Delray Beach, Florida, shall
hereby be enacted to read as follows:
Section 4.3.3 Special Requirements for Specific Uses
ORD. No. 07-17
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(D) Urban Agticultute
(1) Purpose and Intent The p=ose of this section is to Ptomote local
ptoduction of food for consumption as well as non-food ornamental ctops, such as flowers,
cactus and shrubs and to promote the health environmental, and economic benefits of
having such uses in the City.
a) Utban Agriculw re includes commercial rooftop gardens productive
green walls indoor farm facilities urban farms and other innovative
food production methods in an urban area excluding Community
Gardens and School Gatdens.
b) CominuWty Gatdens and School Gardens ate regulated by the City
under the Community Gatdens Program that has been adopted by
ORD. No. 07-17
the City of Delra7 Beach via resolution and as such axe not xe Mated
by this Section.
(2) Appearance:
shall
a) Urban A cMture contribute to thea eaxance and aesthetics
of the area shall be com atible with surroundin and shall
land uses
not ne atively �mmUact the suixour�area.
b) Theowner ox lessee of the ro e on which an Urban A xicultme
site is located shall be res onsible for "aintaitv�� the xo ex so
that it does not become over xown with weeds infested b invasive
exotic 12lants ox vermin or a become a source of erosion due to
storm water runoff.
c� Failure to maintain an outdoor Urban Agriculture site shall be a
r — 11-----, Q --fir n.q 1110.01. 100.05, and
violarlon vi �-l� J
iolan as a xo xiate. If the site does not come into com Nance
e Of a
with the Code of Ordinances within b 0 abanddaVs oned. Thee owner cof an
citation the site shall be deemed
abandoned site will be res onsible for restorin the site in
i 's Landsca e Re Mations in LDR -Section
accordance with the C
4.6.16. .
3 General Rules & Re Mations:
a) All foams of Animal Husbandry are prohibited.
b) The followhn plants species are pro_ bib�ted&
i Invasive species identified on the Florida Exotic Pest Plant
S ecies as amended such as Old
Council's list of exotic
Air
Potato vines that are and as
World ClimbingFerns and Ai
determined by the SeniorLandscape Planner•
u, Noxious -weeds as defined bRMe 5B-57.007 Florida
Administrative Code.
c� Hone bee colonies must be re 'stered with
oid no accordance -with
at
Rule
5B-
of
B
of A cMture and Consumer Services m
54.010 Florida Adiministiative Code.
ORD. No. 07-17
d) The site shall be designed and maintained so that the water used in
the production of agricultural products, compost and fertilizer will
not drain onto the adjacent property.
e) Outdoor Urban Agricultute activities shall take place after sunrise or
before sunset Hours of operation will not be limited fot indoor
Utban Awdcultute activities.
f) The sale of produce, flowers}and plants produced by the site shall
occur at the site only and shall not take place befote 7:00 a.m. or after
9:00 p.m.
g) Urban Farms must comply with the Ameticans with Disabilities Act
design standards fat accessible routes if the site allows customers to
pick their own produce of other products.
(4) Site Standards:
a) A site plan is tequited fat all Urban Agriculture. Site plans shall be
subject to review by the Site Plan Review and Appeatance Board or
the Historic Pteseivation Boatd in accordance with LDR Section
2.4.50 "Site and Development and Mastet Development Plans) and
LDR Section 2.4.5 (G) "Modification to Site and Development
Plans" The approving body shall make a finding that the site is
compatible with respect to size and scale of the development in
which they ate located All outdoor plantings for crop production
shall be setback a minimum of fifteen (15) feet from the front
property line and five (5) feet from the side interior or rear propetty
lines Cotner lots shall maintain a ten (10) -foot side street setback. All
plantings shall comply with the visibility at intetsection requitements
pursuant to LDR Section 4.6.14.
b) A Site Management Plan must be submitted with the Site Plan
application The Site Management Plan shall include_
i. A narrative describing the types of ctopls) to be grown, the
hours of opetation and a detailed maintenanceplan.
ii. A list of chemicals pesticides, fertilizers or any combination
of same to be used as well as the frequency of use.
Certification that the site is in compliance with LDR Section
4 5 5 B� "Wellfield Protection Ordinance".
ORD. No. 07-17
iv. Description of the on-site water source and a water
management plan addressing containment of run off onto
ad
oining properties, waterways or rights-of-way.
V. A desctipdon of 12toposed rain -capture systems including
size, location and method of operation as well as how water
stagnation will be prevented.
vi. Photograph of the proposed Urban Agricultute site and
existing structures.
vii. Description of composting activities including, location, size
and means of containment.
viii.. Complete descri2tion of any aspects of the operation that
may generate noise of odor on site and that may impact
ad
iacent proVerty.
ix. The Site Management Plan shallptovide number of vehicles
associated with the use and identification of permanent
parking spaces on site driveway, and drive aisle locations and
the method of screening parking areas from adjacent
ptoperties and rights -of -mw
c) The Urban Agriculture site shall be served by a water supply
sufficient to support the cultivation practices used on the site. The
use of City water services fat irrigation may be petmitted in
accordance with Chapter 52 of the Gig's Code of Ordinances upon
written approval from the Director of the Environmental Services
DQarttnent with the concurrence of the City Manager. The use of
rain -capture systems is encouraged on the site.
d) Lighting used for the Urban Agriculture site shall be limited to that
required for operational and safety purposes Lighting shall comply
with LDR Section 4.6.8
e) A petimetet fence of hedge for a ground level outdoor Urban
Agdcultute site is requited The use of decorative metal, wood
masonry, pickets wrought iron or board -type wood is encouraged.
The fence of hedge shall comply with Section 4.6.5 of the Land
Development Regulations Vegetative screening is encouraged and
ORD. No. 07-17
should consist of drought -tolerant South Florida native trees and
shrubs and must be located outside the pe:dmeter fence.
f) For rooftop gardens, all equipment and containers shall be screened
so they are not visible from the adjacent right-of-way.
g) The following accessory structures may be permitted on Urban
Agdcultute sites: tool storage sheds gteenhouses hoop houses, cold
ftames raised/accessible planting beds compost or waste bins farm
stands, testtooms and offices, that are not used fot cultivating
crops The height of these accessory structures shall not exceed the
height of the associated principal structure and in no case be greater
than 20 feet The combined total square footage for all accessory
structutes for an outdoor utban farm shall not exceed 1 /20ffi of the
site.
h) In Historic Districts all accessory structures associated with an
Urban Agriculture use shall be located to the teat of the principal
structures .
i) In Historic Districts where an Urban Agricultute use is an accessory
use to a residential use the Utban Agriculture use shall not be located
within the front setback.
Compost and organic matter to be used on the Utban Agriculture site
shall be stored in approptiate containers, which must be located on
the subject site and shall be setback a minimum of twen -five (251
feet from the front propetty line and a minimum of ten (10) feet
from all side and rear yard property lines Compost bins shall be
shielded from the adjacent tight -of -way b� plantings or fencing
pursuant to LDR Section 4.6.5. Such containers shall be maintained
to minimize odors ptevent tun -off and prevent the harbotage of
rodents and pests.
k) For Urban Farms storage of toxic and flammable materials is
regulated as follows:
Storage of toxic and flammable materials used for the
operation of lawnmowers or other combustion engine -driven
gardening machinery may be stored at the site and shall be
kept in sealed containers in locked ventilated structures in
accordance of the National Fire Protection Association
ORD. No. 07-17
10
(NEPA) Code 30• "Flammable and Combustible Liquids" and
the Florida Fire Prevention Code (FFPC). No other
flammable materials or chemicals may be stored on site. A
maximum of 10 gg! ons of fuel is allowed to be stored at the
site at any grim time.
ii. Tires shall not be stored at the site.
Toxic materials such as pressure treated wood (creosote),
shall not be used where they will come into contact with soils
that are growing food.
1)
Signs shall conform to the standards set forth in Section 4.6.7 of the
Land Development Regulations.
m) Mechanical equipment used in the operation of outdoor Urban
A 'culture sites that are located in districts that allow residential uses
shall comply with the noise regulations in Chapter 99 of the Code of
Ordinances and shall be limited to the following:
i. Riding/push mower designed for personal use.
ii. Handheld tillers or edgers that may be gas or electrically
powered.
Other handheld farming equipment that create minimal
impacts related to the operation of said egw_pment including
noise, odors, and vibration.
n) Required on-site parking shall comply with the off-street parking
regulations set forth in Section 4.4.13(C), Table 4.4.13(L ; and Section
4.6.9 Q) (7) (in) of the Land Development Regulations.
o) Notwithstanding the foregoing, all Urban Agriculture sites and Urban
Farms shall comply with the additional requirements of the applicable
zoning district.
Section I That Article 4.4, `Base Zoning District", Section 4.4.1, "Agricultural Zone District
(A)", Paragraph (B), "Principal Uses and Strictures Permitted" and (C), "Accessory Uses and
Structures Permitted", of the Land Development Regulations of the'City of Delray "Beach, Florida,
shall hereby be amended to read as follows:
Section 4.4.1 Agricultural Zone District (A)
ORD. No. 07-17
11
(B) Principal Uses and Structures Permitted: The following types of use are
allowed within the (A) District as a permitted use:
(7) Urban A_gxicultute pursuant to regulations set forth in Section
4.3.3 .
(C) Accessory Uses and Structures Permitted: The following uses ate allowed
when a part of, or accessory to, the principal use:
(5) Urban Ag_ricultute pursuant to tegulations set forth in Section
4.3.3(D).
Section 4. That Article 4.4, "Base Zoning District", Section 4.4.2, "Rural Residential
(RR) Zone District", Paragraph (C), "Accessory Uses and Structures Permitted", of the Land
Development Regulations of the City of Delray `Beach, Florida, shall hereby be amended by adding
a new sub -paragraph (3) 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:
(3) Urban Agriculture pursuant to regulations set forth in Section
4.3.3(LD).
Section 4. That Article 4.4, `Base Zoning District", Section 4.4.3, "Single Family
Residential (R-1) Districts", Paragraph (B), "Principal Uses and Structures Permitted", of the Land
Development Regulations of the City of Delray Beach, Florida, shall hereby be amended to read as
follows:
Section 4.4.3 Single Family Residential (R-1) Districts:
ORD. No. 07-17
12
(B) Principal Uses and Structures Permitted: The following types of use are
allowed within the Single Family Districts as a permitted use:
Section 5. That Article 4.4, `Base Zoning District", Section 4.4.5, "Low Density
Residential (RL) Districts", Paragraph (B)(10), "Principal Uses and Structures Permitted", of the
Land Development Regulations of the City of Delray Beach, Florida, shall hereby be amended to
read as follows:
Section 4.4.5 Low Density Residential (RL) Districts):
(B) Principal Uses and Structures Permitted: The following types of sue are
allowed within the (RL) District as a permitted use:
Section 6. That Article 4.4, "Base Zoning District", Section 4.4.6, "Medium Density
Residential (RM) District", Paragraph (B)(12), "Principal Uses and Structures Petmitted", of the
Land Development Regulations of the City of Delray Beach, Florida, shall hereby be amended to
read as follows:
Section 4.4.6 Medium Density Residential (RM) District:
(B) Principal Uses and Structures Permitted: The following types of sue are
allowed within the (RM) District as a permitted use:
(12)
Section 7. That Article 4.4, "Base Zoning District", Section 4.4.9, "General Commercial
(GC) Disttict", Paragraph (B), "Principal Uses and Structures Permitted", and Paragraph (G)
ORD. No. 07-17
13
"Supplemental District Regulations" of the Land Development Regulations of the City of Delray
Beach, Florida, shall hereby be amended to read as follows:
Section 4.4.9 General Commercial (GC) District:
(B) Principal Uses and Structures Permitted: The following are allowed within
the GC District as permitted uses, except as modified in the Four Comers Overlay District
by Section 4.4.9 (G) (3) (a):
(8) Urban Agriculture pursuant to regulations set forth in Section
4.3.3 .
(G) Supplemental District Regulations:
(3) Four Corners Overlay District: The following supplemental district
regulations apply to the Four Cornets Overlay District, as defined in Section 4.5.14.
(a) The permitted uses shall be those listed in Sections 4.4.9(B)(1,2,4,5,8)
Section 8. That Article 4.4, "Base Zoning District", Section 4.4.11, "Neighborhood
Commercial (NC) District", Paragraph (B), "Principal Uses and Structures Petmitted"; of the Land
Development Regulations of the City of Delray Beach, Florida, shall hereby be amended to read as
follows:
Section 4.4.11 Neighborhood Commercial (NC) District:
(B) Principal Uses and Structures Permitted: The following types of uses are
allowed within the NC District subject to the limitations pet Subsection (H) as a permitted
use:
4.3.3(LD).
(4) Urban Agdcultute pursuant to tegulations set forth in Section
ORD. No. 07-17
14
Section 9. That Article 4.4, `Base Zoning District", Section 4.4.12, "Planned
Commercial (PC) District", Paragraph (B)(1), "Principal Uses and Structures Permitted", of the
Land Development Regulations of the City of Delray Beach, Florida, shall hereby be amended to
read as follows:
Section 4.4.12 Planned Commercial (PC) District:
(B) Principal Uses and Structures Permitted: The following types of use are
allowed within the PC District as a permitted use, except within the Four Cornets Overlay
District which shall be pursuant to Section 4.4.9 (G) (3) (a):
(1) All uses allowed as such within the GC District [Section 4.4.9(B)(1)
through (5), Rffd (7) and 8 ].
Section 10. That Article 4.4, "Base Zoning District", Section 4.4.13, "Central Business
(CBD) District", Table 4.4.13(A), "Allowable Uses in the CBD Sub -Districts", of the Land
Development Regulations of the City of Delray Beach, Florida, shall hereby be amended to read as
follows:
Table 4.4.13 (A) - Allowable Uses in the CBD Sub -Districts
Central Railroad Beach W. Atlantic
Core Corridor Area Neigh.
24-hour or late-night businesses, within 300' of
residential property (see 4.3.3(VV))
C
C
C
C
Urban Agriculture [4.3.3 (D)] excluding
P, A
P. A
=
P, A
outdoor Urban Farms
Outdoor Urban Farms [4.4.3 (L:))1
C
C
C
C
Section 10. That Article 4.4, "Base Zoning District", Section 4.4.13, "Central Business
(CSD) District", Table 4.4.13(L), "Minimum Numb et of Off -Street Parking Spaces Required in the
ORD. No. 07-17
15
CBD", of the Land Development Regulations of the City of Delray Beach, Florida, shall hereby be
amended to read as follows:
Table 4.4.13(L)
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
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 sf. for the first 6,000 sf.
plus 15 spaces per each additional 1,000 sf.
Urban Agriculture
1 space for every 2 acres or portion thereof
of outdoor production and 2 spaces for every
1,000 sq. ft. or portion thereof of gross
floor area of buildings used for the Urban
Farm site (excluding sheds and other utility
structures used only to house equipment
and/or supplies.)
Section 11. That Article 4.4, "Base Zoning District", Section 4.4.19, "Mixed Industrial
and Commercial (MIC) District", Paragraph (B),."Ptincipal Uses and Structure Permitted" and (C),
"Accessory Uses and Structures Permitted", of the Land Development Regulations of the City of
Delray Beach, Florida, shall hereby be amended to read as follows:
ORD. No. 07-17
16
Section 4.4.19, "Mixed Industrial and Commercial (MIC) District:
(B) Principal Uses and Structures Permitted: The following types of use are
allowed within the MIC District as a permitted use:
() Urban Agriculture pursuant to regulations set forth in Section
4.3.3(L)).
(C) Accessory Uses and Structures Permitted: The following uses are allowed
when a part of, or accessory to, the principal use:
.(6) Urban Agriculture pursuant to regulations set forth in Section
4.3.3 .
Section 12. That Article 4.4, "Base Zoning District", Section 4.4.20, "Industrial (I)
District", Paragraph (B), "Principal Uses and Structure Permitted" and (C), "Accessory Uses and
Structures Permitted", of the Land Development Regulations of the City of Delray Beach, Florida,
shall hereby be amended to read as follows:
Section 4.4.20 Industrial (I) District:
(B) Principal Uses and Structures Permitted: The following types of use are
allowed within the Industrial District as a permitted use:
(6) Urban Agriculture pursuant to regulations set forth in Section
4.3.3(Q).
(C) Accessory Uses and Structures Permitted: The following uses are allowed
when a part of, or accessory to, the principal use:
4.3.3(L)).
Urban Agriculture pursuant to regulations set forth in Section
ORD. No. 07-17
17
Section 13. That Article 4.4, "Base Zoning District", Section 4.4.21, "Community
Facilities (CF) District", Paragraph (B), "Principal Uses and Structure Permitted" and (C),
"Accessory Uses and Structures Permitted", of the Land Development Regulations of the City of
Delray Beach, Florida, shall hereby be amended to read as follows:
Section 4.4.21 Community Facilities (CF) District:
(B) Principal Uses and Structures Permitted: The following types of use are
allowed within the CF District as a permitted use:
10 Urban A iculture pursuant to re Mations set forth in Section
4.3.3(L)).
(C) Accessory Uses and Structures Permitted: The following uses are allowed
when a part of, or accessory to, the principal use:
6 Urban AWigitute pursuant to re Mations set forth in Section
4.3.3 .
Section 13. That Article 4.4, "Base Zoning District", Section 4.4.24, "Old School Square
Historic Arts District (OSSHAD)", Paragraph (C), "Accessory Uses and Structures Permitted", of
the Land Development Regulations of the City of Delray Beach, Florida, shall hereby 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:
4.3.3(Q).
Urban AWjg tare pursuant to regulations set forth in Section
ORD. No. 07-17
18
Section 14. That Article 4.4, "Base Zoning District", Section 4.4.26, "Light Industrial
(Ll) District', Paragraph (B), "Principal Uses and Structure" and (C), "Accessory Uses and
Structures Permitted", of the Land Development Regulations of the City of Delray Beach, Florida,
shall hereby be amended to read as follows:
Section 4.4.26 Light Industrial (LI) District:
(B) Principal Uses and Structures Permitted: The following types of uses are
allowed within the LI District as a permitted use:
(6) Urban Agdculture pursuant to regulations set forth in Section
4.3.3 .
(C) Accessory Uses and Structures Permitted: The following uses are allowed
when a part of, or accessory to, the principal use:
(8) Urban Agficulture pursuant to regulations set forth in Section
4.3.3
Section 14. That Article 4.4, `Base Zoning District", Section 4.4.29, "Mixed Residential,
Office and Commercial (MROC) District", Paragraph (B), "Principal Uses and Structure" and (C),
"Accessory Uses and Structures Permitted", of the Land Development Regulations of the City of
Delray Beach, Florida, shall hereby be amended to read as follows:
Section 4.4.29 Mixed Residential, Office and Commercial (MROC) District:
(B) Principal Uses and Structures Permitted: The following types of uses are
allowed within the MROC District as a permitted use:
4.3.3(L)).
(8) Urban Agriculture pursuant to regulations set forth in Section
ORD. No. 07-17
19
(C) Accessory Uses and Structures Permitted: The following uses are allowed
when a part of, or accessory to, the principal use:
(8) Urban Agdculture pursuant to reW ations set forth in Section
4.3.3
Section 15. That Article 4.6, "Supplemental District Regulations", Section 4.6.6,
"Commercial and Industrial Uses to Operate Within a Building", Paragraph (A), "Intent", of the
Land Development Regulations of the City of Delray Beach, Florida, shall hereby be amended to
read as follows:
Section 4.6.6 Commercial and Industrial Uses to Operate Within a Building:
(A) Intent:
(4) Urban Agriculture uses may be conducted outside pursuant to
Section 4.3.3(L
Section 16. That Article 4.6, "Supplemental District Regulations", Section 4.6.9, "Off -
Street Parking Regulations", Paragraph_ (7), "Other Uses", of the Land Development Regulations of
the City of Delray Beach, Florida, shall hereby be amended to read as follows:
Section 4.6.9 Off -Street Parking Regulations:
(C)(7) Number of Parking Spaces Required:
(m�Urban Farm Sites: Shall provide 1 space for every 2 acres or portion
thereof of outdoor production area and 2 spaces for every 1,000 sq ft or portion thereof of
gross floor area of buildings used for the Urban Agriculture site (excluding sheds and other
utility structures used only to house equipment and/or supplies_.)
ORD. No. 07-17
20
Section 17. That "Appendix A, Definitions", of the Land Development Regulations of
the City of Delray Beach, Florida, shall hereby be amended to read as follows:
Animal Husbandry An agricultural business for the breeding and caring for farm animals.
Community Gap -den: Any piece or pieces of land gardened by a group of people utilizing
either individual or shared plots on private or public land The land may be used only for the
production of fruits vegetables, herbs, edible mushrooms flowers and/or ornamental
plants and the "dens ate reviewed by the City's Green Implementation Advancement
Board,:pursuant to the Community Garden Ptogratn.
Greenhouse: An enclosed structure (usually with glass) for the production of fruits
vegetables herbs flowers, and/or ornamental plants.
Rooftop Gardens: A garden located on the roof of a building that is used for the commercial
and/orprivate production of fruits vegetables edible mushrooms herbs flowers, and/or
ornamental plants.
School Gardens: Garden plots that are owned by or used exclusively bya public or private
school and are used exclusively for educational or on site consumption purposes to teach
students about the production of produce fruits vegetables edible mushrooms, herbs
flowers, and/or ornamental plants.
Urban Agriculture: The science or practice of cultivation of the soil for the growing of crops
to provide food or other plant -based products within the city limits of the City of Deh-
Beach.
Urban Farm: A small-scale commercial operation which includes the production and sale of
fruits, vegetables, edible mushrooms, herbs flowers, and/or ornamental plants which lnav
be conducted indoor or outdoor.
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Section 18. 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 of this Ordinance.
Section 19. Specific authority is hereby given to codify this Ordinance.
Section 20. This Ordinance shall become effective immediately upon adoption.
PASSED AND ADOPTED in regular session on second and final reading on this 16th day
of May, 2017.
Cary D. Glickstein, Mayor
ATTEST:
City Clerk
First Reading: Ap—�, 2017
Second Reading: Mai 16, 2017
ORD. No. 07-17
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