Ord No. 25-18 ORDINANCE NO. 25-18
AN ORDINANCE OF THE CITY COMMISSION O E CITY OF
DELRAY BEACH,FLORIDA,AMENDING THE LAN %/r; LOPMENT
REGULATIONS OF THE CODE OF ORDINA CES f�/ ENDING
SECTION 4.4.13 "CENTRAL BUSINESSD) DI /t � ", BY
AMENDING SUB-SECTION (D), "CONFIG % ION OF B
SUB-SUB SECTION (1)' "STANDARD R CBD GEN
,u
PARAGRAPH (a) `BUILDING T" TO EFINE
PROPERTIES LOCATED WITHIN , ° TLANTIQ TUE HEI �' a
LIMIT AREA; PROVIDING ACO�t�"�li'rr,�, S CLAtT � "SEVERABCLAUILI �
DATESE,AND AUTHORITY CO AND FOR OTHER PURO OS% / °1��� GAN EFF , r�, NE
WHEREAS, the Legislature of the State of Florida has,ini �//lor, p
166 - � �,, ci alities Florida Statutes
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conferred upon local governments t "l�� � thorny to adopt regulatiori� ,,�, , promote the public health,
safety, and general welfare of its citizd
WHEREAS, pursua lorida S .�, 63.3174(4)(c), th �� nning and Zoning Board, sitting as the
// ,,
Local Planning Agency (LPA), , r,���termine r e amend re consistent with and further the goals,
objectives and policies of the Cori sive Pla°'� ��/
WHEREAS pursuant to LDR 1 1.6 th �rng and Zoning Board reviewed the proposed text
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amendment a/� , hearing held on S der 17, 28, and voted 5 to 1 to recommend approval of the
ordinance; and %
WHERE e City f the City of Delray Beach adopts the findings in the Planning and
Zo, Staff Repo �ll,'r, d �,.
III
WHEREAS, " Commission of the City of Delray Beach finds the Ordinance is consistent with the
Comprehensive Plan.
THERE � , BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
BEACH, FLO A,AS FOLLOW S
DE
Section 1. That the recitations set forth above are incorporated herein.
i°/
",tion 2.
That Section 4.4.13. "Central Business (CBD) District", Subsection (D) "Configuration
of Buil Paragraph (1)(A) "Building Height", of the Land Development Regulations of the City of Delray
Beach,Flof� a,be and the same is hereby amended as follows and providing for a revised Figure 4.4.13-5"Central
Core and Beach Sub-districts Regulating Plan" as shown in Exhibit A attached hereto and incorporated herein:
(D) Configuration of buildings. q,
(1) Standards for CBD Generally. The followin g configurati dards
apply to all CBD Sub-districts:
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(a) Building height Unless o erwise`°'�� ied herein, the he of
buildings shall be measured regulat
i� Jlrn"
" ; e number of sto I
prid
the maximum overall b �� °height (See w - �� 4.13(Q. I sing
the maximum number 'rtes allowed may no rove t aiver.
J
Stories are measur the finis "; floor to i , Wig. See
Figure .1 -1
e44 3 0
D
1. Within th P''. tic ue Linuted ht Area, maximum
l sir
overall builder / ,!"" feet is 38 maximum building
�° Atlantic Avenue Height
height in numbe �»»� ries is three � �,; g
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mit Area is de � s th operties, or portions of
properties, lo, eet41 of south of the
Atlantic Avenue right of" e, between Swinton Avenue and
'Y "*
Intercoastal Waterway fib) 125 feet north of the Atlantic
wa /i/u
between i aline 118 west of NE 2na
e a 50-fo , e ri ht-of-wa and ii the Intracoastal
W " .
(See 4.4.13-5).
NExcept the Atlantic Avenue L muted Height Area,
..... imum c� erall building height in feet is 54 feet and maximum
ng height in number of stories is four. For the purposes of
r
tion, height is measured from the average crown of road
or the FEMAp
ll) ublished minimum finished floor elevation o0
whichever is greater) to the highest finished roof surface of a flat
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roof or the soffit of ag able hip, or gambrel roof.
II3. Stories located below grade are for parking or storage uses only
and are not counted for the purpose of measuring building height.
If the flo0r of the habitable story is elevated more than four
feet above tho ad1aceni sidewalk the space below counts as the
first story for the purposes ofmeasuring buildin height.
4 The ground story ofcommercial r mixed-use buildings shall
be
of minim f 12
a u feet toll.
5. The ground story of residential buildings shall be a minimum of
ten feet tall.
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ORD. NO. 25-18
�illlSimi
���„6. Each story above the ground story in ,P :, r., t be at least
nine feet tall.
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7. Mezzanines that exceed tl� I mtage of floor a�� �� r a
mezzanine defined in the �'� uilding Code are co as
stories for the purpose of mea "a height. For the pur of
oii r lll0�i
measuring building t,parkin � �are counted as s °rth
in Section 4.4.13
8. Each parka level exp, d to a str en space
shall be as a story, ��e purposes o � ring height.
/ f
Parking . y con c rom view by a stogy containing an
activ 1, 1 fttial office) a of counted as stories
for the purpog ' suring height S ire 4.4.13-9.
9. Within the Centr oo �
Railr, 'orridor, and Beach Sub-
' iia,
districts,residential um. f"" � �� ��the floor of the first habitable
/iii
story elevated at least 1 es above the adjacent sidewalk.
resiential
���/////����// �must havethe Westthe Atlantic of the firstohabghorhod sableedistoub- strict,elevadted at
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� inches ab � ��o adjacent sidewalk. Lobbies and common
ar
/° ulti- 'r mixed-use buildings may have a lower
e''
gro level.
��///////, .chitectur �features includingchurch spires, steeples,belfries 10. /// u olas are not limited b height;howeveer, an
p Y story hei g � Y part of
ch feature shall not extend above the height of 64 feet
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unless specifically approved b action of the Ci Commission.
p Y pp Y City(l) oo
O ao
11 aa.
11 it
II
Section 4.
,
� should an section or provision of this Ordinance or an portion thereof, any Y p any
raragraph, sentence, o �'� d be declared by a court of competent jurisdiction to be invalid, such decision shall
not affect °°° alidity o � .emainder hereof as a whole or part thereof other than the part declared to be invalid.
���i°00000000 �
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ct<on 5. Th �ordinances or parts of ordinances in conflict herewith be and the same are hereby
6. Specific authority is hereby given to codify this Ordinance.
S � n 7. That this Ordinance shall become effective immediately upon its passage on second and
final reading.
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ORD. NO. 25-18
PASSED AND ADOPTED in regular session on second and final rea d day of
12018.
I, p/ho.
Shelly Petrolia,
ATTEST:
City Clerk
First Reading: September 25,2018
Second Reading: October 16, 2018
APPROVED AS TO FORM AND
SUFFICIENCY:
...........
R. Max Lohman, City Attorney
..........
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ORD. NO. 25-18
Exhibit A
Figure 4.4.13-5 "Central Core and Beach Sub-districts Regulating Plan"
HTrm -0 LEGEND
eusH eoutFVARocEaecE
CBD ZONING
CENTRAL CORE
N.E.BTH ST. DELRAY
BEACH BEACH
ACURA '
HYAND
UNDAI
s H ATLANTIC AVENUE LIMIT
N.E. TERR.
REQUIRED RETAIL
dv N.E. 61H CT.
PRIMARY STREETS
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PINEj /O
VE NEIGH �
PLAN
N.E. �g
FTETF� AENUE PARKING
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