08-84 ORDINANCE NO. 8-84
AN ORDINANCE OF THE CITY OF DELRAY BEACH, FLORIDA,
AMENDING CHAPTER 30, "ZONING", OF 'THE CODE OF ORDI-
NANCES OF THE CITY OF DELRAY BEACH, FLORIDA, ENACTING
A NEW SECTION 30-7.5, "RH MEDIUM HIGH TO HIGH DENSITY
DWELLING DISTRICT", PROVIDING FOR THE PURPOSE OF SAID
RH DISTRICT; PROVIDING FOR THE PERMITTED AND CONDI-
TIONAL USES IN SAID RH DISTRICT; PROVIDING FOR CRITERIA
FOR LOT DIMENSIONS, SITE AREA, AND DENSITY COMPUTATION
WITHIN SAID RH DISTRICT, INCLUDING DENSITY AND SITE
AREA, MINIMUM DIMENSIONS, EXCEPTIONS,. DUPLEX CRITERIA;
PROVIDING FOR AGGREGATE FLOOR AREA FOR. ALL MULTIPLE
FAMILY DWELLING UNITS IN SAID RH DISTRICT; PROVIDING FOR
BUILDING SETBACKS, GROUND FLOOR BUILDING AREA, TOTAL
FLOOR AREA, BUILDING HEIGHT, PARKING AND LOADING REGU-
LATIONS, WALL AND FENCES, LANDSCAPING, SIGNS, TOWN-
HOUSES AND TOWNHOUSE DEVELOPMENT AND MINIMUM SPACING
BETWEEN BUILDINGS REQUIREMENTS; PROVIDING FOR SPECIAL
REGULATIONS, PARK AND RECREATION LAND DEDICATION, AND
PERFORMANCE STANDARDS FOR SAID RH DISTRICT; PROVIDING
A SAVING CLAUSE; PROVIDING FOR REPEAL OF ALL ORDINAI~CES
OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING
AN EFFECTIVE DATE.
WHEREAS, the City Council of the City of Delray Beach, Florida, deems it to
be in the best interests of the residents and citizens of the City of Delray Beach;
Florida, to augment the City's current fixed high density zoning district (RM-15 Multi-
ple Family Dwelling District) with a new flexible multiple family dwelling district to allow
for medium high to high densities; and,
WHEREAS, the purpose of the new RH Medium High To High Density Dwelling
District is to provide for a residential zoning district with flexible densities, having a
base of eleven (11) units per acre and a range from eleven (11) to fifteen (15) units
per area, and to establish certain criteria for determination of the proper density for
any particular parcel of property within the City, using the performance standards set
forth herein for all requests to exceed the base density of this RH district.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That a new Section 30-7.5, "RH Medium High To High Density
Dwelling District", of the Code of Ordinances of the City of Delray Beach, Florida, is
hereby enacted to read as follows:
Sec. 30-7.5 RH MEDIUM HIGH TO HIGH DENSITY DWELLING DISTRICT
(A) PURPOSE
The RH district is intended to provide a residential zoning district with flexible
densities, having a base of eleven units per acre and a range from eleven to
fifteen units per acre.. Approval of densities above the base shall be made in
compliance with subsections (D) and (R) below.
(B) PERMITTED USES
(1) Multiple family projects and their attendant recreational facilities, subject to
Site Plan Approval (Sec. 30-22).
(2) Single family dwellings and their customary accessory uses, including bird
aviaries, boat docks, dog houses and dog runs', garages, greenhouses, guest
cottages, playhouses, pool houses and covers, pump houses, slat houses,
storage sheds, swimming pools, tennis courts, tool sheds, workshops, and
similar recreational facilities. Single family dwellings shall comply with the
district regulations for the R-lA zoning district.
(3) Home occupations, subject to Sec. 30-17(L).
(C) CONDITIONAL USES
As prescribed in Sec. 30-21, and after the review of the application and 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, morals,
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 Sec. 30-17(T)
(2) Churches or places of worship, and their attendant educational, recreational,
and columbarium facilities
(3) Community center facilities, when operated by a residential homeowners asso-
ciation
(4) Convalescent homes, homes for the aged, .nursing .ho. mes, and rest homes,
subject to Sec. 30-17(K)
(5) Day care centers, kindergartens, nursery schools, and other preschool facil-
ities, subject to Sec. 30-17(M)
(6) Educational institutions, excluding colleges, seminaries, training centers,
universities, and vocational schools
(7) Golf courses, and their attendant accessory uses
(8) Libraries
(9) Life care retirement communities, subject to Site and Development Plan
Approval (Sec. 30-22)
(10) Museums
(11) Natural resource utilities
(12) Professional offices, limited to accountants, architects, attorneys,
chiropractors, dentists, engineers, independent trustees, landscape archi-
tects, naturopaths, opticians, optometrists, osteopaths, physicians,
podiatrists, psychologists, and surgeons
(13) Public utilities, in a completely enclosed building
(14) Racquetball clubs, ~nd their attendant accessory uses
(15) Swimming clubs, and their attendant accessory uses
(16) Tennis clubs, and their attendant accessory uses
(D) LOT DIMENSIONS, SITE AREA, DENSITY COMPUTATION
(1) Density And Site Area
The base density for this district is eleven dwelling units per acre, and,
where 'special conditions can be met as described below, densities' may be
increased to a maximum of fifteen dwelling units per acre. If a site contains
less than one acre, the first two units require 8,000 sq. ft. of lot area, and
each unit thereafter requires an additional 4,445 sq. ft. (the amount of
additional lot area required may be reduced depending upon the approved
density).
Where a site plan is submitted showing that the performance standards set
forth at Sec. 30-7.5(R) can be met, higher densities may be approved; in no
case, however, shall density exceed fifteen units per acre. In approving a
request for higher densities, .certain safeguards and improvements, both on
and off site, may be required to mitigate the impact of the increased
numbers. Where possible, these improvements will be incorporated onto the
site plan; where necessary, they will form part of the written conditions to
which the approval of the site plan and increased density are subject.
2 ORD. NO. 8-84
Densities over the base for this district are permitted only as they relate to a
specific site design and attendant improvement. If a major site plan modifica-
tion is proposed, or if the agreed upon improvements are not completed, or if
the time limitation of the approval expires, then the permitted density for the
property will revert to the base figure of eleven units per acre.
(2) Minimum Dimensions
(a) Frontage 60 ft.
(b) Width 60 ft.
(c) Depth 100 ft.
(d) Area 8,000 sq. ft.
(3) Exception
On lots or parcels of record, the frontages of which do not meet the required
minimum of sixty (60) feet, and are not less than fifty (50) feet, but contain
a minimum lot area of six thousand (6,000) square feet, a duplex shall be
allowed, and the setbacks shall be as provided for in the R-lA zoning
district.
(4) Duplexes
On lots or parcels of record where duplexes are permitted, and where said
lots. or parcels are at least 8,000 square feet, and where there is a party wall
separating the two (2) duplex units, each unit together with approximately
one-half (½) of the lot may be conveyed, providing each portion of the lot
contains not less then 4,000 square feet, and the dividing line runs through
the party wall. The conveyance as set forth in this paragraph shall not
constitute subdivision requiring additional platting.
(a) Conditions
(1) The common wall' separating the two duplex units must be a fire
rated wall, as required for residential separations in the Standard
Building Code, as adopted by the City. Whenever a screen porch
enclosure attached to said duplex units is set back from the divid-
ing line between the two units in such duplex by three (3) feet or
more, then a screening wall located on the common property line
' between the duplex units shall be extended the same distance as
the screen porch enclosure. Whenever the side of a screen porch
enclosure is closer than three (3) feet to the dividing line between
the two units in such duplex, then a fire rated wall shall be
extended the same distance as the screen porch enclosure.
(2) Each individual duplex unit and its portion of the lot or parcel it is
located on, must be adjacent to a public or private street and have
direct access thereto.
(E) AGGREGATE FLOOR AREA
The following shall be the minimum floor areas for all multiple family dwelling
units, expressed as net living area, exclusive of balconies, decks, porches, and
common areas such as corridors:
(1) Efficiency 400 sq. ft.
(2) One (1) bedroom 600 sq. ft.
(3) Two (2) bedrooms 900 sq. ft.
(4) Three (3) bedrooms 1,150 sq. ft.
(5) Four (4) bedrooms 1,350 sq. ft.
A minimum of two (2) bathrooms are required'in four (4) bedroom multiple family
dwelling units.
3 ORD. NO. 8-84
(F) BUILDING SETBACKS
The following shall be the minimum setbacks for all buildings and structures in
this zoning district and shall apply separately to each story:
(stories) 1-2 3
(1) Front 25 ft. 30 ft.
(2) Side (Interior) 15 ft. 25 ft.
(3) Side (Street) 25 ft. 30 ft.
(4) Rear 25 ft. 25 ft.
Exception: ..
When a parcel of land zoned RH Medium High To High Density Dwelling District
directly abuts a parcel of land zoned single family without any division or separa-
tor between them, such as a street, alley, railroad, waterway, park, or other
public open space, the following stIall be the minimum setbacks on the abutting
property line of the parcel of land zoned RH Medium High To High Density and
shall apply separately to each story:
(stories) i 2 3
(1) Front 25 ft. 25 ft. 30 ft.
(2) Side (Interior) 15 .ft. 20 ft. 30 ft.
(3) Side (Street) .25 ft. 25 ft. 30 ft.
(4) Rear 25 ft. 25 ft. 25 ft.
(G) GROUND FLOOR BUILDING AREA
The total ground floor building area of all buildings and structures shall not
exceed forty percent (40%) of the total lot area.
(H) TOTAL FLOOR AREA
No requirements.
(I) BUILDING HEIGHT
No building or structure shall be constructed to a height exceeding three (3)
floors, or in the case of a recreational building, not higher than the highest
principal residential building. Provided, however, under conditional use approval
(Sec. 30-21), four (4) floors, not exceeding fifty (50) feet in height, may be
constructed if the ground floor is utilized for covered parking.
(J) PARKING AND LOADING REGULATIONS
See Sec. 30-18 and Sec. 30-19.
(K) WALLS AND FENCES
See Sec. 30-17(I).
(L) LANDSCAPING
See Chapter 9, Art. X.
(M) SIGNS
See Chapter 9, Art. VIII.
(N) TOWNHOUSES AND TOWNHOUSE DEVELOPMENT
See Sec. 30-17(P).
4 ORD. NO. 8-84
(O) MINIMUM SPACING BETWEEN BUILDINGS
See See. 30-17(Q).
(P) SPECIAL REGULATIONS
(1) Setbacks shall be measured from the right-of-way line for public streets, and
from the access easement line for private streets.
(2) In zero lot line developments, all accessory buildings, structures, or uses,
attached or unattached to the principal structure, shall comply with the
applicable building setbacks for this zoning district. Provided, however, that
attached garages shall be placed contiguous to the side property line on
which the principal structure is located, provided the sum of the two (2)
required side setbacks exists on the opposite side property line. If the
party wall is extended, however, all accessory buildings, structures, or uses
may be placed contiguous to this wall.
(3) Swimming pools the top of which are no higher than grade level may extend
into the setback area, but not closer than ten (10) feet to any rear or side
property line, nor closer than fifteen (15) feet to any street right-of-way
line. Although swimming pools may extend into setback areas, under no
circumstances shall a screened or other'pool enclosure be permitted to
encroach into such setback areas.
(4) On curving streets and cul-de-sacs, the required frontages of lots may be
reduced by forty percent (40%), provided the center line radius of the adja-
cent street is one hundred (100) feet or less.
(5) In duplex developments, if the party wall is extended, all accessory build-
ings, structures, or uses may be placed contiguous to this wall.
(Q) PARK AND RECREATION LAND DEDICATION
See Sec. 30-i7(U)
(R) PERFORMANCE STANDARDS
The following performance standards shall be evaluated as mandatory areas of
consideration for all site plan requests above the base density of this district. A
finding of fact that each Performance Standard has been satisfied shall be made
prior to any increase over the base density.
(1) Performance Standard 1. Water Services
(a) The Delray Beach Department of Public Utilities must agree to supply
water to the development.
(b) There shall be provided proof that prior commitments of water plus the
projected need of the development do not exceed supply and treatment
capacity.
(2) Performance Standard 2. Sewer Services
(a) The South Central Regional Waste Water Treatment and Disposal Board
must agree to supply sewer service to the development.
(b) There shall be provided proof that prior commitments of sewer service
plus the projected need of the development do not exceed treatment
capacity.
(3) Performance Standard 3. Streets
Streets serving a proposed project shall during and upon completion of the
project, not exceed reasonable and safe levels of service. As the standard,
streets shall be maintained at levels of service having stable flow
5 ORD. NO. 8-84
characteristics and shall only approach unstable fiow conditions during peak
traffic periods. In determining the effects of a proposed development on
level of service, project analyses shall include the following areas of
. evaluation:
(a) Traffic characteristics and levels of service of existing .streets directly
affected by the proposed project.
(b) Trip generation and origin-destination projections for the proposed
project.
(c) Impacts of the proposed project on affected streets, including level of
service.
(d) Impacts of previously approved projects affecting the same streets as the
proposed project.
(e)Radius of development influence.
(f) Effects of phasing of the proposed development including relationships to
the long range thoroughfare plans of the City, County, and Metropolitan
Planning Organization (MPO), and to the five year work program of the
MPO and Department of Transportation (DOT).
(g) Effects of roadway alterations anticipated in the proposed project,
including intersection improvements, turn lanes, signalization, median
and other improvements.
(h)Highway and intersection design capacities.
The City Engineering Division shall be responsible for evaluating the traffic
impacts of the proposed development. However, the City Engineer may
require the developer or the developer himself may opt to provide a profes-
sional traffic impact analysis on streets serving the proposed project. In any
case, the traffic evaluation of the project shall be in accordance with accepted
traffic engineering practices and Palm Beach County's Ordinance No. 81-6
"Traffic Performance Standards".
(4) Performance Standard 4. Environmental Impacts
(a) In any case where a potential environmentally sensitive area exists, the
developer shall be required to contact the Corps of Engineers, Depart-
ment of Environmental Regulation, South Florida Water Management
District and/or other applicable regulatory agencies concurrent with his
application to the City. Where a regulatory agency indicates probable
environmental sensitivity, the developer may be required to provide
reports or studies to address the environmental problems.
(b) Any proposed development which may create waste hazardous to humans
or the environment shall be required to provide sufficient information to
the City and applicable regulatory agencies, sufficient to allow deter-
mination of the potential effects of such waste materials.
(5) Additional Considerations
The following considerations shall be evaluated prior to granting any increase
in density over the base, and their deficiency, individually or in combination,
may represent sufficient grounds for denial of such application.
(a) Adequacy of fire protection shall be evaluated.
(b) Drainage proposals, including the effects of proposed storm water dis-
charges, shall be evaluated.
(c) Recreational proposals and subsequent impacts shall be evaluated by the
Parks and Recreation Department.
(d) Flood hazard potentials shall be evaluated.
In addition to all Performance Standards above, the final decision on any
change shall include careful consideration of existing development patterns
and shall provide densities which are compatible with the character of
surrounding neighborhoods.
6 ORD. NO. 8-84
Section 2. 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 3. That all ordinances or parts of ordinances which are in conflict
herewith are hereby repealed.
Section 4. That this ordinance shall become effective ten (.10) days after its
passage on second and final reading.
PASSED AND ADOPTED in regular session on second and final reading
on this the 14th day of FebrUary , 1984.
ATTEST:
City ,~erk
First Reading January 24, 1984
Second Reading February 14-r 1984
7 ORD. NO. 8-84