Ord 28-06
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ORDINANCE NO. 28-06
AN ORDINANCE OF THE CIlY COMMISSION OF THE
CIlY OF DELRA Y BEACH, FLORIDA, AMENDING THE
LAND DEVELOPMENT REGULATIONS OF THE CIlY
OF DELRA Y BEACH, FLORIDA, BY AMENDING
SECTION 4.3.3, "SPECIAL REQUIREMENTS FOR
SPECIFIC USES", BY ENACTING A NEW SUBSECTION
4.3.3(ZZ), "PERMANENTLY INSTAlLED
GENERATORS", TO PROVIDE FOR THE REGULATION
OF PERMANENTLY INSTAlLED GENERATORS; AND
BY AMENDING SECTION 4.3.4(H) (4), "STRUCTURES
AlLOWED IN SETBACKS", TO AlLOW FOR
PERMANENTLY INSTAlLED GENERATORS;
PROVIDING A SAVING CLAUSE, A GENERAL
REPEALER CLAUSE, AND AN EFFECTIVE DATE.
WHEREAS, pursuant to LDR Section 1.1.6, the Planning and Zoning Board reviewed the
proposed text amendment at a public hearing held on April 17, 2006 and voted 7 to 0 to
recommend that the changes be approved; and
WHEREAS, pursuant to Florida Statute 163.3174(4)(c), the Planning and Zoning Board,
sitting as the Local Planning Agency, has determined that the change is consistent with and does
further the goals, objectives and policies of the Comprehensive Plan; 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 CIlY COMMISSION OF THE
CIlY OF DELRA Y BEACH, FLORIDA AS FOLLOWS:
Section 1. That Chapter 4, "Zoning Regulations", Section 4.3.3, "Special Requirements
for Specific uses", Section 4.3.3(ZZ), "Permanendy Installed Generators", of the Land
Development Regulations of the City of Delray Beach, Florida, be, and the same is hereby enacted
to read as follows:
4.3.3 Special Requirements for Specific Uses
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(ZZ) Permanently Installed Generators: The following standards shall apply to all permanendy
installed generators:
(1) Generators are prohibited in the front yard and side street setbacks.
(2) Generators and accessory above ground facilities, such as fuel tanks, are to
be screened from view from adjacent properties or rights-of-way by a wall or
hedge equal to the height of the generator at the time of installation.
(3) Generators may be operated for exercising purposes one time per week,
excluding Sundays, for a period not exceeding 30 minutes between the hours
of 10:00 a.m. to 6:00 p.m.
(4) A maximum of one generator is allowed per single family, duplex, or
townhouse residential dwelling unit except for multiple family, which is
allowed one generator per multiple family structure. Non-residential uses are
allowed one generator per tenant.
(5) Generators are setback a minimum of three feet from the side interior
property line in the R-1-A, R-1-AB and R-1-AAB Single Family Residential
zoning districts, conventionally sited homes in the Planned Residential
District, Mobile Home District, and Old School Square Historic Arts District
and five feet from the side interior property line (development perimeter for
townhouses) in all other zoning districts.
(6) Generators are setback a minimum of five feet from the rear property line in
all zoning districts.
Section 2. That Chapter 4, "Zoning Regulations", Section 4.3.4, "Base District
Development Standards", Subsection (H), "Setbacks", Paragraph (4), "Structures Allowed in
Setbacks", of the Land Development Regulations of the City of Delray Beach, Florida, be, and the
same is hereby amended to read as follows:
Section 4.3.4 Base District Development Standards
(4) Structures Allowed in Setbacks: The following structures are allowed in required
setbacks pursuant to stipulations contained herein.
(a) Barbecue pits, not to exceed six feet by six feet.
(b) Fences and walls pursuant to Section 4.6.5.
2
ORD NO. 28-06
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(c) Fish or lily ponds, not to exceed a depth of 24 inches.
(d) House eaves, not to exceed a three-foot overhang.
(e) Lot line walls not to exceed six feet in height.
(f) Planter walls, not to exceed three feet in height.
(g) Pump houses, not to exceed three feet in height.
(h) Rock gardens.
(i) Swimming pools in conformance with provisions of Section 4.6.15.
G) Air conditioner units, transformers.
(k) Permanendy installed generators. not to exceed a height of 4.5 feet subject to
the provisions of LDR Section 4.3.3(ZZ).
(1) Steps and platforms for the principal building but not to exceed three (3) feet
in height.
(m) Trellises which may extend to no more than five (5) feet from the side of the
principal building or extend more than two (2) feet from the front or rear of
the principal building.
(n) Boat slips, whether attached or detached, which shall not be built closer than
ten (10) feet from any abutting property line, and which shall not occupy
more than twenty percent (20%) of the total lot area.
(0) Canopies, marquees, and covered walkways may extend within front and side
setback areas in commercial zone districts.
Section 3. That should any section or provision of this ordinance or any portion
thereof, any paragraph, sentence, clause 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
hereof other than the part declared invalid.
Section 4. That all ordinances or parts of ordinances in conflict herewith be, and the
same are hereby repealed.
Section 5.
final reading.
That this ordinance shall become effective upon its passage on second and
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ORD NO. 28-06
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~ ~ASSED AND ADOPTED in regular session on second and final reading on this the
\'-0 day of ~ ,2006.
')
ATTEST:
~l~
AY R
4
ORD NO. 28-06
MEMORANDUM
TO:
FROM:
MAYOR AND CIlY COMMISSIONERS
CIlY MANAGERzrr1
AGENDA ITEM # \G B - REGULAR MEETING OF MAY 16.2006
ORDINANCE NO. 28-06
SUBJECT:
DATE:
MAY 12,2006
This ordinance is before Commission for second reading and public hearing for a privately initiated
amendment to Land Development Regulations (LDR) Section 4.3.3, "Special Requirements for
Specific Uses" and Section 4.3.4 (H) (4), "Structures Allowed in Setbacks", to allow permanendy
installed generators within required setbacks and providing specific regulations for the location,
operation, and buffering of permanent generators.
As a result of the last several hurricane seasons and resulting power outages, the City has
experienced increasing demand for permanendy installed generators. Permanent generators are
secured to the ground and provide uninterrupted electrical power backup to residences and
commercial businesses. They generally have underground or surface fuel storage tanks and can be
connected to natural gas lines if they are available. The LDR's do not specifically allow generators
within the required setbacks. The generators, considered akin to air conditioners, have been allowed
within the required setbacks when limited to a maximum of 3 feet in height. It is noted that the
newer generator models are up to 4.5 feet high, partially due to increased sound attenuation
improvements, and as such are in conflict with this previous provision.
On March 2, 2006, the Planning and Zoning Department received a privately initiated text
amendment from Personalized Air Conditioning & Electrical, Inc. to clarify the requirements and
allow the larger generators (up to 4.5 feet) within the required setbacks. During review, additional
modifications, suggested by staff and agreed to by the applicant, were added which delineate specific
requirements that address the location, operation, and buffering of permanent generators.
On April 17, 2006, the Planning and Zoning Board held a public hearing in conjunction with the
amendment. There was no public testimony regarding the proposed amendment. After discussing
the amendment, the Board voted 7-0 to recommend to the City Commission approval of the
proposed amendment. Staff recommends approval by adopting the findings of fact and law
contained in the staff report; finding that the request is consistent with the Comprehensive Plan; and
finding that the request meets the criteria set forth in LDR Section 2.4.5(M)(5) (Amendment to
Land Development Regulations; Findings).
At the first reading on May 2, 2006, the Commission passed Ordinance No. 28-06.
Recommend approval of Ordinance No. 28-06 on second and final reading.
S:\City CIerk\agenda memos Ord 28-06 LOR 433 434 Pennanent Generators 051606
TO:
THRU:
FROM:
SUBJECT:
DAVID T. HARDEN, CITY MANAGER
PAUL DORLlNG, DIRECTOR OF PLAN71NG AND ZONING AI...L-;U~ r
SCOTT PAPE, SENIOR PLANNER /V ~ 1"'-
MEETING OF MAY 2,2006
PRIVATELY INITIATED AMENDMENT TO LAND DEVELOPMENT REGULATION
(LDR) SECTION 4.3.3(ZZ} [SPECIAL REQUIREMENTS FOR SPECIFIC USES] AND
SECTION 4.3.4(H}(4} [STRUCTURES ALLOWED IN SETBACKS] TO ALLOW
PERMANENTLY INSTALLED GENERATORS WITHIN REQUIRED SETBACKS AND
PROVIDING SPECIFIC REGULATIONS FOR THE LOCATION, OPERATION, AND
BUFFERING OF PERMANENT GENERATORS.
As a result of the last several hurricane seasons and resulting power outages, the City has experienced
increasing demand for permanently installed generators. Permanent generators are secured to the
ground and provide uninterrupted electrical power backup to residences and commercial businesses.
They generally have underground or surface fuel storage tanks and can be connected to natural gas
lines if they are available. The LDRs do not specifically allow generators within the required setbacks.
The generators, considered akin to air conditioners, along with other structures allowed in setbacks (like
pump houses, planter walls, and steps/platforms) have been allowed within the required setbacks when
limited to a maximum of 3 feet in height. It is noted that the newer generator models are up to 4.5 feet
high, partially due to increased sound attenuation improvements, and as such are in conflict with this
previous provision. On March 2, 2006, the Planning and Zoning Department received a privately initiated
text amendment from Personalized Air Conditioning & Electrical, Inc. to clarify the requirements and
allow these larger generators (up to 4.5 feet) within the required setbacks. During review, additional
modifications, suggested by staff and agreed to by the applicant, have been added which delineate
specific requirements that address the location, operation, and buffering of permanent generators.
Pursuant to LOR Section 2.4.5(M)(1), amendments to the Land Development Regulations may be
initiated by the City Commission, Planning and Zoning Board or City Administration; or an individual may
request an amendment. Pursuant to Land Development Regulation Section 2.4.5(M)(5), approval of an
LOR amendment must be based upon a finding that the amendment is consistent with and furthers the
Goals, Objectives, and Policies of the Comprehensive Plan. The proposed amendment is a privately
initiated text amendment to the Land Development Regulations and would be applicable citywide. Based
on the separation and buffer requirements, a positive finding can be made that the Land Development
Regulation text amendment is consistent with and furthers the Goals, Objectives, and Policies of the
Comprehensive Plan. Additional background and a detailed analysis is provided in the attached
Planning and Zoning Board staff report.
The Planning and Zoning Board held a public hearing regarding this item at its meeting of April 17, 2006.
There was no public testimony regarding the proposed amendment. After discussing the amendment,
the Board unanimously voted 7-0 to recommend to the City Commission approval of the proposed
amendment to add Land Development Regulation Section 4.3.3(ZZ)[Special Requirements for Specific
Uses] and Section 4.3.4(H)(4)(k) to allow permanent generators in required setbacks, based upon
positive findings with respect to LOR Section 2.4.5(M).
I~C-
City Commission Documentation
LDR Amendment - Permanently Installed Generators in Required Setbacks
Page 2
By motion, approve on first reading the ordinance to add LOR Section 4.3.3(ZZ) [Special Requirements
for Specific Uses - Permanently Installed Generators] and to add LOR Section 4.3.4(H)(4)(k) to allow
permanent generators in required setbacks, by adopting the findings of fact and law contained in the Staff
Report and finding that the request is consistent with the Comprehensive Plan and meets the criteria set
forth in LOR Section 2.4.5(M)(5).
Attachment:
Planning and Zoning Memorandum Staff Report of April 17, 2006
Proposed Ordinance No. 28-06
ORDINANCE NO. 28-06
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING THE LAND
DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY
BEACH, FLORIDA, BY AMENDING SECTION 4.3.3, "SPECIAL
REQUIREMENTS FOR SPECIFIC USES", BY ENACTING A
NEW SUBSECTION 4.3.3(ZZ), "PERMANENTLY INSTALLED
GENERATORS", TO PROVIDE FOR THE REGULATION OF
PERMANENTLY INSTALLED GENERATORS; AND BY
AMENDING SECTION 4.3.4(H)(4), "STRUCTURES ALLOWED
IN SETBACKS", TO ALLOW FOR PERMANENTLY INSTALLED
GENERATORS; PROVIDING A SAVING CLAUSE, A GENERAL
REPEALER AND AN EFFECTIVE DATE.
WHEREAS, pursuant to LDR Section 1.1.6, the Planning and Zoning Board reviewed the
proposed text amendment at a public hearing held on April 17, 2006 and voted 7 to 0 to
recommend that the changes be approved; and
WHEREAS, pursuant to Florida Statute 163.3174(4)(c), the Planning and Zoning Board,
sitting as the Local Planning Agency, has determined that the change is consistent with and does
further the goals, objectives and policies of the Comprehensive Plan; 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 Chapter 4, "Zoning Regulations", Section 4.3.3, "Special Requirements
for Specific uses", Section 4.3.3(ZZ), "Permanently Installed Generators", of the Land
Development Regulations of the City of Delray Beach, Florida, be, and the same is hereby
enacted to read as follows:
4.3.3 Special Requirements for Specific Uses
(ZZ) Permanently Installed Generators: The following standards shall apply to all permanently
installed generators:
(1) Generators are prohibited in the front yard and side street setbacks.
(2) Generators and accessory above ground facilities, such as fuel tanks, are to be
screened from view from adjacent properties or rights-of-way by a wall or hedge
equal to the height of the generator at the time of installation.
(3) Generators may be operated for exercising purposes one time per week, excluding
Sundays, for a period not exceeding 30 minutes between the hours of 10:00 a.m. to
6:00 p.m.
(4) A maximum of one generator is allowed per single family, duplex, or townhouse
residential dwelling unit except for multiple family, which is allowed one generator
per multiple family structure. Non-residential uses are allowed one generator per
tenant.
(5) Generators are setback a minimum of three feet from the side interior property line
in the R-1-A, R-1-AB and R-1-MB Single Family Residential zoning districts,
conventionally sited homes in the Planned Residential District, Mobile Home District,
and Old School Square Historic Arts District and five feet from the side interior
property line (development perimeter for townhouses) in all other zoning districts.
(6) Generators are setback a minimum of five feet from the rear property line in all
zoning districts.
Section 2. That Chapter 4, "Zoning Regulations", Section 4.3.4, "Base District
Development Standards", Subsection (H), "Setbacks", Paragraph (4), "Structures Allowed in
Setbacks", of the Land Development Regulations of the City of Delray Beach, Florida, be, and the
same is hereby amended to read as follows:
Section 4.3.4 Base District Development Standards
(4) Structures Allowed in Setbacks: The following structures are allowed in required
setbacks pursuant to stipulations contained herein.
(a) Barbecue pits, not to exceed six feet by six feet.
(b) Fences and walls pursuant to Section 4.6.5.
(c) Fish or lily ponds, not to exceed a depth of 24 inches.
(d) House eaves, not to exceed a three-foot overhang.
(e) Lot line walls not to exceed six feet in height.
(f) Planter walls, not to exceed three feet in height.
(g) Pump houses, not to exceed three feet in height.
2
ORD NO. 28-06
(h) Rock gardens.
(i) Swimming pools in conformance with provisions of Section 4.6.15.
0) Air conditioner units, transformers.
(k) Permanentlv installed oenerators. not to exceed a heioht of 4.5 feet subiect to the
provisions of LDR Section 4.3.3(ZZ).
(I) Steps and platforms for the principal building but not to exceed three (3) feet in
height.
(m) Trellises which may extend to no more than five (5) feet from the side of the
principal building or extend more than two (2) feet from the front or rear of the
principal building.
(n) Boat slips, whether attached or detached, which shall not be built closer than ten
(10) feet from any abutting property line, and which shall not occupy more than
twenty percent (20%) of the total lot area.
(0) Canopies, marquees, and covered walkways may extend within front and side
setback areas in commercial zone districts.
Section 3. That should any section or provision of this ordinance or any portion thereof,
any paragraph, sentence, clause 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 hereof
other than the part declared invalid.
Section 4. That all ordinances or parts of ordinances in conflict herewith be, and the
same are hereby repealed.
Section 5. That this ordinance shall become effective upon its passage on second and
final reading.
PASSED AND ADOPTED in regular session on second and final reading on this the
day of , 2006.
ATTEST:
City Clerk
MAYOR
First Reading
Second Reading
3
ORD NO. 28-06
MEETING DATE:
APRIL 17, 2006
IV.D.
AGENDA NO.:
AGENDA ITEM:
PRIVATELY INITIATED AMENDMENT TO LAND DEVELOPMENT
REGULATION (LDR) SECTION 4.3.3(ZZ) [SPECIAL REQUIREMENTS
FOR SPECIFIC USES] AND SECTION 4.3.4(H)(4) [STRUCTURES
ALLOWED IN SETBACKS] TO ALLOW PERMANENTLY INSTALLED
GENERATORS WITHIN REQUIRED SETBACKS AND PROVIDING
SPECIFIC REGULATIONS FOR THE LOCATION, OPERATION, AND
BUFFERING OF PERMANENT GENERATORS.
The item before the Board is that of making a recommendation to the City Commission
regarding a privately initiated text amendment to LDR Section 4.3.3(ZZ) [Requirements for
Specific Uses] and Section 4.3.4(H)(4) [Structures Allowed in Setbacks]. The amendment is to
allow permanently installed generators up to 4.5 feet high within the required setbacks. The
proposed text amendment also provides specific requirements regarding the location restrictions
and operations of permanently installed generators.
Pursuant to Section 1.1.6(A), an amendment to the Land Development Regulations may not be
made until a recommendation is obtained from the Planning and Zoning Board.
Following the last several hurricane seasons and resulting power outages, the City has
experienced increasing demand for permanently installed generators. Permanent generators
are secured to the ground and provide uninterrupted electrical power backup to residences and
commercial businesses. They generally have underground or surface fuel storage tanks and
can be connected to natural gas lines if they are available. The LDRs do not specifically allow
generators within the required setbacks. The generators, considered akin to air conditioners
and other structures allowed in setbacks, like pump houses, planter walls, and steps/platforms,
have been limited to a maximum 3 feet in height. It is noted that the newer generator models
are up to 4.5 feet high, partially due to increased sound attenuation improvements, and as such
are in conflict with this previous provision. On March 2, 2006, the Planning and Zoning
Department received a privately initiated text amendment from Personalized Air Conditioning &
Electrical, Inc. to clarify the requirements and allow these larger generators (up to 4.5 feet)
within the required setbacks. During review, additional modifications, suggested by staff and
agreed to by the applicant, have been added which delineate specific requirements that address
the location, operation, and buffering of permanent generators.
Pursuant to LDR Section 2.4.5(M)(1), amendments to the Land Development Regulations may
be initiated by the City Commission, Planning and Zoning Board or City Administration; or an
individual may request an amendment. The proposed amendment is a privately initiated text
amendment to the Land Development Regulations and would be applicable citywide.
Planning and Zoning Board Staff Report, April 17, 2006
LOR Text Amendment - Permanent Generators
The following is an excerpt from a justification narrative submitted by the applicant:
It. . . We are proposing this amendment to accommodate the newer style generators which
are slightly taller than previous models. This extra height is to allow for additional sound
attenuation material located inside the units themselves, allowing the units to run at a reduced
decibel output. "
As noted previously, the proposed LDR text amendment is pertinent to all zoning categories
within the City. The text amendment would allow permanently installed generators up to 4.5
feet high within the required setbacks. The generators would be prohibited within the front and
side street setbacks. The generators and any accessory facilities such as above ground fuel
tanks would be required to be screened from view by a wall or hedge equal to the height of the
equipment. It is noted that these generators need to be "exercised" to maintain peak
operational status. The proposed text amendment limits the testing of this equipment to once
per week for 30 minutes between the hours of 10:00 a.m. and 6:00 p.m. and prohibits testing on
Sundays. This restriction is consistent with the requirements in unincorporated portions of the
County. The text amendment also limits the number of generators to one per single family,
duplex or townhouse dwelling unit. Multiple family. structures, such as condominiums or
apartments, would be limited to one generator per structure. Non-residential uses are allowed
one generator per tenant. A minimum setback of 5 feet from the side interior property line is
proposed in all zoning districts, except the R-1-A, R-1-AB and R-1-AAB single family residential
zoning districts, conventionally sited homes in the Planned Residential District, Mobile Home
zoning district, and Old School Square District, where a minimum setback of 3 feet is proposed.
The purpose for this reduced setback is to provide adequate area to install a generator given
the 7.5 to 8.5 foot required side interior setback in these zoning districts. The proposed rear
setback in all zoning districts is 5 feet from the rear property line.
It is noted that this proposed text amendment is closely tailored to a similar amendment recently
adopted by Palm Beach County.
LOR Section 2.4.5CM)(5) CFindinas): Pursuant to LDR Section 2.4.5(M)(5) (Findings), in
addition to LDR Section 1.1.6(A), the City Commission must make a finding that the text
amendment is consistent with and furthers the Goals, Objectives and Policies of the
Comprehensive Plan.
Comprehensive Plan Policies:
The goals, objectives and policies of the Comprehensive Plan were reviewed and there are no
applicable goals, objectives or policies noted. While the amendment does not specifically
further the Goals, Objectives, and Policies of the Comprehensive Plan, it is not inconsistent with
them.
The proposed text amendment was not reviewed by the CRA (Community Redevelopment
Agency) or DDA (Downtown Development Authority). Further, special courtesy notices were
2
Planning and Zoning Board Staff Report, April 17, 2006
LOR Text Amendment - Permanent Generators
not transmitted to homeowner or civic associations given the minor nature of the proposed text
amendment.
Letters of objection and support, if any, will be presented at the Planning and Zoning Board
meeting.
The City's has experienced numerous requests for permanent generators for new and existing
residences and businesses. The proposed text amendment addresses the location of these
facilities within required setbacks. Further, the proposed text amendment provides specific
requirements that address the location, operation, and buffering of permanent generators. A
positive finding can be made with respect to LOR Section 2.4.5(M)(5).
A. Postpone with direction.
B. Move a recommendation of approval to the City Commission for the text amendment to add
LOR Section 4.3.3(ZZ) [Special Requirements for Specific Uses - Permanently Installed
Generators] and to add LOR Section 4.3.4(H)(4)(k) to allow permanent generators in required
setbacks, by adopting the findings of fact and law contained in the Staff Report and finding
that the request is consistent with the Comprehensive Plan and meets the criteria set forth in
LOR Section 2.4.5(M)(5).
C. Move a recommendation of denial to the City Commission of the request to add LOR
Section 4.3.3(ZZ) [Special Requirements for Specific Uses - Permanently Installed
Generators] and to add LOR Section 4.3.4(H)(4)(k) to allow permanent generators in
required setbacks, based on a failure to make positive findings as the request is inconsistent
with the Comprehensive Plan and does not meet the criteria set forth in LOR Section
2.4.5(M)(5).
Move a recommendation of approval to the City Commission for the text amendment to add LOR
Section 4.3.3(ZZ) [Special Requirements for Specific Uses - Permanently Installed Generators]
and to add LOR Section 4.3.4(H)(4)(k) to allow permanent generators in required setbacks, by
adopting the findings of fact and law contained in the Staff Report and finding that the request is
consistent with the Comprehensive Plan and meets the criteria set forth in LOR Section
2.4.5(M)(5).
Attachments:
. Proposed Amendment
. Applicant's Justification Statement
3
Planning and Zoning Board Staff Report, April 17, 2006
LDR Text Amendment - Permanent Generators
PROPOSED LDR AMENDMENTS TO SPECIAL REQUIREMENTS FOR SPECIFIC USES
AND STRUCTURES ALLOWED IN SETBACKS
LAND DEVELOPMENT REGULATION SECTION 4.3.3
(ZZ) Permanentlv Installed Generators: The followinq standards shall apply to all
permanently installed aenerators:
1 ) Generators are prohibited in the front yard and side street setbacks.
2) Generators and accessory above around facilities, such as fuel tanks, are
to be screened from view from adiacent properties or riahts-of-way by a
wall or hedae eaual to the heiaht of the aenerator at the time of
installation.
3) Generators may be operated for exercisina purposes one time per week.
excludinq Sundays. for a period not exceedina 30 minutes between the
hours of 10:00 a.m. to 6:00 p.m.
4) A maximum of one aenerator is allowed per sinale family. duplex. or
townhouse residential dwellina unit except for multiple family, which is
allowed one aenerator per multiple family structure. Non-residential uses
are allowed one aenerator per tenant.
5) Generators are setback a minimum of three feet from the side interior
property line in the R-1-A, R-1-AB and R-1-AAB Sinale Family Residential
zonina districts. conventionally sited homes in the Planned Residential
District. Mobile Home District. and Old School Sauare Historic Arts
District and five feet from the side interior property line (development
perimeter for townhouses) in all other zoninq districts.
6) Generators are setback a minimum of five feet from the rear property line
in all zoninq districts.
LAND DEVELOPMENT REGULATION SECTION 4.3.4
(4) Structures Allowed in Setbacks: The following structures are allowed in
required setbacks pursuant to stipulations contained herein.
(k) Permanently installed qenerators. not to exceed a heiqht of 4.5-feet
subiect to the provisions of LDR Section 4.3.3(ZZ).
(k D Steps and platforms for the principal building but not to exceed three (3)
feet in height.
4
Planning and Zoning Board Staff Report, April 17, 2006
LDR Text Amendment - Permanent Generators
(t m) Trellises which may extend to no more than five (5) feet from the side of
the principal building or extend more than two (2) feet from the front or
rear of the principal building.
(m.o) Boat slips, whether attached or detached, which shall not be built closer
than ten (10) feet from any abutting property line, and which shall not
occupy more than twenty percent (20%) of the total lot area.
(R Q) Canopies, marquees, and covered walkways may extend within front and
side setback areas in commercial zone districts.
5
iJf ~ Personalized
, '.[1 Air Conditioning, inc.
~(9 & Electrical Services
159 NW. 11 th STREET. BOCA RATON, FLORIDA 33432
BOCA RATON (561) 391-8190. BOYNTON BEACH (561) 732-0885
BROWARD (954) 746-8888. FAX (561) 391.1882
www.personalizedair.com
ESTABLISHED 19
SALES, SERVICE & INST. LLATION
INDOOR AIR QUALITY SP CIALlSTS
MASTER ELECTRIC I NS
Personalized Power Systems
Robert Glidewell
March 1, 2006
City of Delray Beach
Dept. of Planning and Zoning
Paul Dorling
100 NW 1st Ave
Delray Beach FL 33444
Re: Amendment to Section 4.3.4 (H) (4)
Mr. Dorling:
I am enclosing a proposed amendment to land development regulations (LDR)
ordinance. This is a privately initiated LDR amendment to Section 4.3.4 (H) (4)
relating to generator installation. We are proposing this amendment to
accommodate the newer style generators which are slightly taller than previous
models. This extra height is to allow for additional sound attenuation material
located inside the units themselves, allowing the units to run at a reduced
decibel output.
If you have any questions please do not hesitate to contact myself at (561) 239-
1340 or my associate, Matt Spradley at (561) 239-1878. Thank you for your
consideration as we look forward to working with you on this matter.
~....tr~~
Robert Glidewell
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RECEIVED
MA,R O~2006
PLANNiNG & Zor~ING
,.. ~'". '" -7 / 111
enc: as stated '"... ,~..:; ;de <." { (/,A
I.",,:
Member of: Chamber of Commerce
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ANNOOt<<:EMENTS
10l Legal
.\otices
ciTY OF DeLRAV BEACH:
R.ORIDA
NOTICE OF PUBLIC HEARING
A PUBlIC HEARING will be held ""
the foIlowilg proposed ordinances at
7:00 p.m. on TUESDAY. MAY. 16,
2006 or. at any, continuation' of such
meeting which is _ s!"f by the
Commission). .mthe Oly CoInmission
Chambe(S,loo NW. 1$1 Avenue, DeI-
ray Beach. Florida, aLwhich time the
City Commission will consider their
adoption: The._prCtPosed ordinance:s
may be inspeCted at the .Office 01 the
City Cle<1< at City Hall.. 100 NW. Is!
t,v:nu~ D~~-o~~s:Z~:::"5~;;
p.m:, Monday through Friday. except
holidays. A11.interested parties are in.
vied to attend aOd.1ie heard with re-
spect to the proposed Ol'dinances.
ORllINJi.NCE NO_ 21Hl6
IIN ORDINANCE OF THE CITY COM-
MISSION OF1l1E CITY OF DELAAY
BEACH. FLORIDA. REZONING AND
PLACING LAND PRESENTLY
ZONED A (AGRICULTURAL) DIS-
TRICT TO R+Iv\A (SINGLE FAMILY
RESIDENTIAL); SAID LANDB.EING A
PARCRLoCATED AT THE SOUTH'
EAST CORNER OF OLD GERMAN- '
TOWN ROAD AND RABBIT HOL'
LOWE DRIVE, K3 MORE PARTlCU.
LARLY DESCRIBED. HEREIN;
AMENDING -ZONING MAP OF OEl-
FlAY BEACH, RORIOA. MARCH
2006'; PROVIDING A.SAVING
CLAUSE. A GENERAL REPEALER
,'CLAUSE, AND' AN EFFECTIVE
DATE. . .
ORDINANCE NO_ 28~
IIN ORDINANCE OF THE CITY COI:I-
MISSION OF THE CITY OF DELAAY
BEACH FLORIDA, AMENDING THE:
LAND DEVELOPMENT REGULA-
TIONS OF THE CITY OF DELRAY
BEACH. FLQRIQA. BY AMENDING
SECTION 4.33: "SPECIAL RE-.
QUIREMENTS FOR .SPECIFIC
USES'. BY ENACTING A NEW S.\1B-
SECTION 4.3.3(ZZ).
'PERMANENTLY INSTALLED GEN-
Ef!ATOR.S', TO PROIllDE FOR THE
REGULATION OF PERMANENTLY
INSTAUEll GENERATORS; I\NO BY
AMENDING 'SECTION'43A(HI( 4);
'STRUCTURES ALLOWED IN SET-
BACKS'. TO.o.tiOW F'ORP'ERt.jA-
NENTLY INSTALL.EDGENERA-
TOf!S.: Pf!OVIOING.A'SAVING
Ca.USE,' A: GENEAAW:l1EPI;l\tER
CLAUSE AND ^tfEFFEqTlvEDATE
OROfNANCE. N.o. 29-l)6
AN ORDINANCE OF THE CITY. COM'
MISSION. DI;'.THECITY 'OF.DELAAY
101 Legal
.\ otices
BEACH. FLORIDA,AMENDIt'l!3THE
LAND DEVELOPMHIT REGULA-
. TlONS OF THEcooe. OF <lRo{..'
.NANCES. BY AMENDING SECTION
~~~T:~~i~[j~~J:~G~~~lf&
4.3.4(K). "DevElOPMENT STAN-..
DARDS MATRIX', TO CLARIFY THE
SElBi',CKfOR.JI;JE THIRD :>T9RY '.
OF A THREESTORY'BUILD1NG IN'
RESIDENTtALZONING DISTRICTS;.
PAOitlDl SAYIf'jG CLAUSE, A
GENE . PEALER CLAUSE,. .
IIND.'" JJ;;",:. .;,...___:_
PIeise ffa peIllOn de- '. .
cides to ~ ~ny <fecision made by
cc ; CliAOiAAhe-,
1,)1 Legal
.\otices
lI1e. City' Commission with respect to
anymatleu:onsidered aUhese hear~
iogs, '_such person may need to ensure
that a' verbatimrecoi'd includes the
testimony' and eviden~ u~n which
the ~ is 10 be bas..[ Th.e City
does not provide nor prepare such
record. Pursuant to F.S: 286.0105.
CITY OF OElAAY BEACH
CheYeae D, Nubin
. <::i1yC<ei1<
PUBlISH: Friday, May 5. 2006
Boca RatonJOelray Beach News
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