49-84 ORDINANCE N0.49-84
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY
BEACH, FLORIDA, AMENDING CHAPTER 50, "ZONING", OF THE
CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH,
FLORIDA, ENACTING A NEW SECTION 30-5.5~ "RL tO~ TO
MEDIUM DENSITY DWELLING DISTRICT", PROVIDING FOR THE
PURPOSE OF SAID RL DISTRICT; PROVIDING FOR THE
PERMITTED AND CONDITIONAL USES IN SAID RL DISTRICT;
PROVIDING FOR CRITERIA FOR LOT DIMENSIONS, SITE AREA,
AND DENSITY COMPUTATION WITHIN SAID RL DISTRICT,
INCLUDING DENSITY AND SITE AREA, MINIMUM DIMENSIONS,
EXCEPTIONS, DUPLEX CRITERIA; PROVIDING FOR AGGREGATE
FLOOR AREA FOR ALL MULTIPLE FAMILY DWELLING UNITS IN
SAID RL DISTRICT; PRDVIDING FDR BUILDING SETBACKS,
GROUND FLOOR BUILDING AREA, TOTAL FLOOR AREA, BUILDING
HEIGHT, PARKING AND LOADING REGULATIONS, WALLS AND
FENCES, LANDSCAPING, SIGNS, TOWNHOUSES AND TOWNHOUSE
DEVELOPMENT, AND MINIMUM SPACING BETWEEN BUILDINGS
REQUIREMENTS; PROVIDING FOR SPECIAL REGULATIONS, PARK
AND RECREATION LAND DEDICATION, AND PERFORMANCE
STANDARDS FOR SAID RL DISTRICT; PROVIDING A SAVING
CLAUSE; PROVIDING FOR REPEAL OF ALL ORDINANCES 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 ar
citizens of the City of Delray Beach, Florida, to augment the Cit~
current fixed low density zoning district (RM-6 Multiple Famiii
Dwelling District) with a new flexible multiple duelling district to
allow for low to medium densities; and,
WHEREAS, the purpose of the new Rt tow to Medium Density
Dwelling District is to provide for a residential zoning district with
flexible densities, having a base of three (5) units pe~ acre and a
range from three (5) to six (6) units per acre, and to establish
certain criteria for determination of the p~ope~ density fo~ any
particular parcel of property within the City, using the standaTds of
performance set forth herein for all ~eguests to exceed the base
density of this RL district.
NOW, THEREFORE, BE IT ORDAINED 8Y THE CITY COUNCIL DF IHE CITY
OF DELRAY 8EACH, FLORIDA, AS FOLLOWS:
Section 1. That Chapter 50, "Zoning", of the Code of
O~dinances be and ~he same is hereby amended by enacting and addin9 a
new Section 30-5.5, "RL Low to Medium Oensity Dwelling District", to
read as follows:
Sec. 50-5.5 RL LOW TO MEDIUM DENSITY DWELLING DISTRICT
(A) PURPOSE
The RL district is intended to pTovide a Tesidential zoning
district with flexible densities, having a base of three units pet
acre and a range from three to six units per ac~e. 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
faciiities, subject to Site and Deveiopment Pian ApprovaI
(Sec. 30-22)
(Z) 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 shal
comply with the district ~egulations for the R-iA zonin~
district.
(3)Home occupations, subject to Sec. ~O-I?(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) Child care, adult day care, and family day care facilities
(2) Churches or places of worship, and their attendant
educational, recreational, and columbarium facilities
(3) Community cente~ facilities, when operated by a residential
homeowners association
(4) Kindergartens and nursery schools
(5) Educational institutions, excluding colleges, seminaries,
training centers, universities, and vocationaI schoois
(6) Golf courses, and their attendant accessory uses
(7) Libraries
(8) Museums
(9) Natural resource utilities
(10) Public utilities, in a completely encIosed buiIding
(11) Single famiiy zero lot Iine dwelIings, subject to Sec.
~0-5.5(P)(i)
(lg) Swimming clubs, and thei~ attendant accessory uses
(l~) Tennis clubs, and their attendant accessory uses
(D) LOT DIMENSIONS, SITE AREA, DENSITY COMPU[ATION
(1) Denaity and Site Area
The base density for this district is three dwelling units
per acre, and, where special conditions can be met as
described below, densities may be increased to a maximum of
six dwelling units per acre.
Where a site plan is submitted showing that the performance
standards set forth at Sec. ~0-5.5(R) can be met, higher
densities may be approved; in no case, however, shall density
exceed six 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 fo~m pa~t of the w~itten conditions to which the
approval of the site plan and increased density are subject.
- Z - ORD NO. 49--84
Densities over the base for this district are permitted only
as they relate to a specific site design and attendant
improvements. If a major site plan modification 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 three units per acre.
(2) Minimum Dimensions
(a) Frontage 60 ft.
(b) Width 60 ft.
(c) Depth 100
(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 Iot area of
six thousand (6,000) sq.ft., a duplex shall be ailowed, and
the setbacks shall be as provided for in the R-lA zoning
district.
Duplexes
On lots or parcels of record where duplexes are permitted,
and where said lots or parcels are at least 8,000 sq.ft., and
where there is a party wall separating the two (2) duplex
units, each unit together with approximately one-half (~) of
the lot may be conveyed, providing each portion of the
contains not less than ~,000 sq.ft., and the dividing
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 dividing line between the
units in such duplex by three {~) 'feet o: more,
then a screening wall located on ~he common
property line between ~he 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 ~all shall be extended the same
distanbe 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.
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(E) AGGREGATE FLOOR AREA
The following shall be the minimum floor areas For all multiple
family dwelling units, expressed as net living area, exclusive o?
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.
(~) Three (3) bedrooms 1,150 sq.ft.
(5) Four (~) bedrooms 1,350 sq.ft.
A minimum of two (2) bathrooms are mequi~ed in four (4) bedroom
multiple family dwelling units.
(F) BUILOING SETBACKS
The following shall be the minimum setbacks for all buildings and
structures in this zoning district and shall apply separately to
each story:
(Storie.s~ 1 2
(1) Front 25 ft. 25 ft.
(2) Side (Interior) 15 ft. 15 ft.
(3) Street (Side) 25 ft. 25 ft.
(~) Rear 25 ft. 25 ft.
Exception:
When a parcel of land zoned RL Low to Medium Density Dwelling
District directly abuts a parcel of land zoned single family
without any division or separator between them, such aa a street.
alley, railroad, ~aterway, park, or other public open space, thc
following shall be the minimum setbacks on the abutting property
line of the parcel of land zoned RL and shall apply separately to
each story:
(Stories~ 1 2
(1) Front 25 ft. 25 ft.
(2) Side (Interior) 15 ft. 20 ft.
(3) Street (Side) 25 ft. 25 ft.
(~) Rear 25 ft. 25 ft.
(G) GROUND FLOOR BUILDING AREA
The total ground floor bu£1di~g area of all buildings and
structures shall not exceed fo~ty (40%) percent 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 two (2) floors, or in the case of a recreational
building, not higher than the highest principal residential
buildin9.
(3) PARKING AND LOADING REGULATIONS
See Sec. 30-18 and Sec. ~0-19
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(K) WALLS AND FENCES
See Sec. ~0-17(I)
(L) LANDSCAPING
See Chapter 9, Art. X
(M) SIGNS
See Chapter 9, Art. VIII
(N) TOWNHOUSES AND TOWNHOUSE DEVELOPMENT
See Sec.
(0) MINIMUM SPACING BETWEEN BUILDINGS
See Sec. ~O-17(Q)
(P) SPECIAL REGULATIONS
(1) Zero Lot Line Dweliings
(a) Zero lot iine dweiiings, as defined beiow, are allowed
in the RL zoning district when approved as a conditionaI
use (Sec. ~0-21). On lots which contain at least 6,000
sq.ft, and whose lot dimensions are as stated at Sec.
~0-5(D)(5), the residential structure may be placed
contiguous to the side property iine, provided the sum
of the two (2) required side setbacks, as set forth at
Sec. }0-5(F)(5), exists on the opposite property line.
(b) In zero lot Iine developments, ail accessory buildinr:
structures, or uses, attached or unattached to
principal structure, shaiI comply with the applicable
building setbacks. Provided, however, that attached
garages shaii be piaced contiguous to the side property
line that the pr£ncipai structure is Iocated, provided
the sum of the two (2) required side setbacks exists
the opposite property iine.
Setbacks shaii be measured from the right-of-way line for
public streets, and f~em the access easement line for private
streets.
Swimming pools, the top of which are no higher than grade
levei, may extend into the setback area, but no[ cIoser than
ten (10) feet to any rear or side property line, no~ close~
than fifteen (i5) feet to any street right-of-way line.
Although s~imming poois may extend into setback areas, under
no circumstances shall a screened or other pool enclosure be
permitted to encroach into such setback areas.
(~) On curving streets and cul-de-sacs, the required frontages of
Iots may be reduced by forty (40~) percent, provided the
center Iine radius of the adjacent street is one hundred
(lO0) feet or lasso
(5) In duplex deveiopments, if the party ~ail is extended, ail
accessory buildings, structures, o~ uses may be placed
contiguous to this wail.
(Q) PARK AND RECREATION LAND DEDI~A%ION
See Sec. )0-17(U)
- 5 - ORD. NO. 49-84
(R) PERFORMANCE STANDARDS
The following performance standards shall be evaluated as
mandatory areas of consideration for ali site plan requests above
the base density of this district. A finding of fact that each
Performance Standard has been satisfied shall be made prier te any
increase over the base density.
(1> Performance Standard i. Water Services
(a> The Dei~ay 8each Department of Public Utilities mus~
agree to supply ~ate~ to the development.
(b) There shall be provided'proof that prior commitments c
water plus the projected ~ee4 of the development do not
exceed supply and treatment capacity.
(2) Performance Standard 2. Sewer Services
(a) The South Central RegionaI Waste Wate~ Treatment and
Disposai Board must agree to supply sewer service to the
development.
(b) There shall be provided proof that prior commitments of
seser service plus the projected need of the deveIopment
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
ieveIs of service. As the standard, streets shall be
maintained at levels of service having stable flow
characteristics and shai1 only approach unstabIe fiow
conditions during peak traffic periods. In determining the
effects of a proposed deveiopment on ievel 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 pro,oct 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 includiag
relationships to the long range thoroughfare plans of
the City, County, and Metropolitan Plan~iag ~rganizmtion
(MPO), and to the five year work program ef ~he MP8 mhd
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
develope~ himself may opt, to provide a professional traffic
impact analysis on stzeets sez~i~g the proposed pro,oct. In
any case, the trmffic e~aluation of the pro,oct shall be in
accordance ~ith accepted traffic 'engineering p~actices and
Palm 8each County's Ordinance No. 81-6 "Traffic Performance
Standards."
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(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, Department 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
determination 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 shai1 be evaluated.
(b) Drainage proposals, including the effects of propose~
storm water discharges, shall be evaluated.
(c) Recreational proposals and subsequent impacts shall be
evaiuated by the Parks and Recreation Department.
(d) Flood hazard potentials shall be evaluated.
In addition to ail 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.
Section Z. That should any section or provision of this
ordinance or any portion thereof, any paragraph, sentence, o~ word be
declared by a court of competent jurisdiction to be invalid, such
decision shall not affect the validity of the ~emainder hereof as a
whole or part thereof other than the part declared to be invalid.
Section 5. That ail ordinances or parts of ordinances ~hich
are in conflict herewith are hereby repealed.
Section ~. 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 a~d final
reading on this the lOth day of . .July , 1984.
ATTEST:
First Reading June 26~ 1984
Second Reading July 10, 1984
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