Ord No. 19-18 ORDINANCE NO. 19-18
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING THE LAND
DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY
BEACH BY AMENDING ALL SUBSECTIONS,EXCEPT SUBSECTION
(H), OF SECTION 4.4.13. "CENTRAL BUSINESS (CBD)DISTRICT" AT
ARTICLE 4.4,"BASE ZONING DISTRICT" OF CHAPTER4,"ZONING
REGULATIONS", IN ORDER TO MODIFY REGULATIONS,
INCLUDING BUT NOT LIMITED TO, ALLOWABLE USES, RETAIL
FRONTAGE, PARKING, BUILDING CONFIGURATIONS,
FRONTAGE STANDARDS, STREET TREES, ARCHITECTURAL
STANDARDS, CIVIC OPEN SPACES, TRAFFIC CIRCULATION AND
APPLICATION REVIEW PROCESSES IN THE CBD DISTRICT,
PROVIDING FOR NEW FIGURE 4.4.13-SA ALONG WITH
REDESIGNATION OF OTHER TABLES OR FIGURES, PROVIDING
A CONFLICTS CLAUSE, A SEVERABILITY CLAUSE, AUTHORITY
TO CODIFY,PROVIDING AN EFFECTIVE DATE AND FOR OTHER
PURPOSES.
WHEREAS,Ordinance No.02-15,which repealed and replaced Section 4.4.13.Central Business District
of the City of Delray Beach Land Development Regulations required that the new regulations be re-evaluated
for their effectiveness in shaping the desired downtown environment resulting from the adopted regulations
three years after adoption (February 2018) and as these regulations were later amended by Ordinances Nos.27-
15, 28-15, 13-16,and 39-17; and
WHEREAS,the City's advisory boards, including the Downtown Development Authority, Community
Redevelopment Agency, West Atlantic Redevelopment Coalition, Pineapple Grove Main Street, Green
Implementation and Advancement Board,Historic Preservation Board,Site Plan Review and Appearance Board,
and the Planning and Zoning Board provided input and recommendations at scheduled public meetings during
February,March,and August 2018; and
WHEREAS, the regulations have been evaluated taking into consideration those issues identified by
applicants and staff during the administration of Section 4.4.13;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 change is consistent with and furthers the goals,objectives
and policies of the Comprehensive Plan;and
WHEREAS,pursuant to LDR Section 1.1.6,the Planning and Zoning Board reviewed the proposed text
amendment at a public hearing held on August 20, 2018 and voted 5 to 0 to recommend that the proposed
amendments be approved; and
Ord No. 19-19
WHEREAS,the City Commission of the City of Delray Beach adopted 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 and in the best interests of the City.
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 4.4.13, "Central Business District (CBD)", Subsection (A) "Purpose and
Intent", of the Land Development Regulations of the Code of Ordinances of the City of Delray Beach,Florida,
be and the same is hereby amended as follows;
(A) purpose and intent. The Central Business District (CBD) Zen° P,sta.tis established in erder
to preserve and protect the cultural and historic aspects of downtown Delray Beach and
simultaneously provide for the stimulation and enhancement of the vitality and economic growth
of this special area. Inr-esfdeTt6r-espend—te e�,acnging eendkiens—in the area,thcsae--laz^ac
-- Tse Flem fit ef the Qmpfehensive The
CBD Dis-tries is generally applied to the land areas terrten, dep..te °� t.— designated as
Commercial Core designatien on the Future Land Use Map,
The areas described below and shown in Figures 4.4.13-1,4.4.13-2,4.4.13-3,4.4.13-4 provide for
development that is consistent with the adepted Downtown Delray Beach Master Plan.
(1) Central Core Sub-Ddistrict. The Central Core Sub-district regulations are intended to
result in development that preserves the downtown's historic moderate scale, while
promoting a balanced mix of uses that will help the area evolve into a traditional, self-
sufficient downtown. Residential development is permitted at a higher densit*s in
athan anyether p-art e f the ei ,irre�which fosters compact,pedestrian oriented
growth that will support downtown businesses. See Figure 4.4.13-1
Figure 4.4.13-1 Central Core Sub-district
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Ord.No. 19-18
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Ord.No. 19-18
(2) Beach Sub-Rdistract. The gea4ert�Beach Sub-district regulations are intended to
"preserve and enhance the character of these areas,the public condition of the beach,the
vitality of its center, and the natural environment." Within this area the Delray Beach
Master Plan calls for redevelopment of existing buildings in a manner that places
storefronts close to the street and parking into the rear. Where existing buildings are
separated from the pedestrian ways bywide landscaped areas,the addition of arcades and
new building square footage to bring the storefronts closer to the street is encouraged.
The Beach Sub-district is located within the Coastal Planning Area and as such densi
and intensity-are limited to promote community resiliency. See Figure 4.4.13-2
Figure 4.4.13-2 Beach Sub-district
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Ord.No. 19-18
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(3) West Atlantic Neigbborbood Sub-district. The this Sub aas,-�: t West Atlantic
Neighborhood Sub-district regulations are intended to
is be consistent with the adepted West A antk Avenue RRede:=elepnent Plan and the
Downtown Delray Beach Master Plan and The Set Transformation Plan. The emphasis
of these regulations is on the preservation and enhancement of existing neighborhoods,
while promoting a pedestrian friendly commercial area along West Atlantic Avenue that
contains a mix of residential,commercial and civic functions.Businesses that are oriented
toward serving the local neighborhood, as opposed to a regional area, are encouraged.
Density incentives are available for redevelopment in this Sub-district to promote the
inclusion of wo6force housing. See Figure 4.4.13-3
Figure 4.4.13-3 West Atlantic Neighborhood Sub-district
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Ord.No. 19-18
(4) Railroad Corridor Sub-district. 'Ile gealfe this Railroad Corridor sSub-district
regulations are intended is to allow for development of light industrial type and mixed
commercial and nonresidential uses on properties that are in the downtown area,but are
also in close proximity to the FEC Railway faAfead. The purpose of the area is to
recognize the long-standing light industrial character of this railroad corridor;to provide
for the upgrading and expansion of existing uses when appropriate; and to enhance the
economic growth of the n.-:a��� CBD by providing additional
employment opportunities in the downtown area. This sSub-district is comprised of two
nodes, one in northern part of the CBD and one in the southern part of the CBD-,-as
she= Bit 443 4.See Figure 4.4.13-4
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®rd.No. 19-18
Figure 4°4.13-4 Railroad Corridor Sub-district
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Section 3. That Section 4.4.13, "Central Business District (CBD)", Subsection (B) "Regulating
plans", of the Land Development Regulations of the City of Delray Beach, Florida, be and the same is hereby
amended as follows:
(B) Regulating playas.The DelrayBeach Central Business District Regulating Plans depict additional
information necessary to apply the standards contained in this iSection and are hereby officially
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Ord.No. 19-18
adopted as an integral part of these regulations.A Regulating Plan for each CBD Sub-Ddistrict is
provided in this sSection and versions at larger scales are available in the Planning and Zoning
Department. The Regulating Plans depict the following information:
(1) Primary and secondary streets and alleys.Primary Streets are intended to develop over
time as superior pedestrian environments and,as such,are held to higher standards in the
regulations regarding building placement, building frontage, and the location of parking
and service uses. Streets not designated as Primary Streets are considered Secondary
Streets, which can accommodate service functions and vehicular-oriented development
needs,including parking,loading,and drive-through facilities.Alleys are important assets
in the CBD, performing many functions within small rights-of-way. See Section
4.4.13 2 .
(2) Required Rretail Efrontage. Certain Prima . Sstreets within the CBD are intended to
be lively, highly active pedestrian environments that support businesses and reinforce
local character. Streets designated as with Required Retail Frontage are held to stricter
standards regarding allowable frontage types and uses located within side-walk level
stories. See Section 4.4.13(0(4-
(3) Parking and transit locations.The locations of public parking garages and the planned
Tri-Rail Coastal Link station are mapped on the Regulating Plan. Parking requirements
may be adjusted based on the proximity to these transportation resources. In addition,
the Atlantic Avenue Parking Area is mapped,which has special parking requirements for
restaurant and lounge uses. See Section 4.4.13 M.
(4) Atlantic Avenue Limited Height Area. Building height is limited on a portion of East
Atlantic Avenue to help maintain the unique character of the City's historic main street.
See Section 4.4.13(D).
(5) Lest Atlantic Neighborhood Commercial Area. The location of commercial uses is
limited within the West Atlantic Neighborhood Sub-district to protect established
residential areas from commercial intrusion. See Section 4.4.13(3)(b).
(6) Old School Square Historic Arts District(OSSHAD) Zoning with CPI) Ozerlay.
Pr�,naa�ia
—:I, OSCTTeTI 7 ,L, �zTl r� 1 11 rt, �uTl Sub a'
—Zeniiig yvv adh vsia� Vvser4aY �i1a 1Vt1�e he CBP TSub Cd istiiet
ndkienal nv+.eipate the
Ineentive
1> J J ® ti 4.4.13(Pd `lection
V V81vAll,dV 11(Al KJI.J
4.4.24(FE) identifies OSSHAD properties with CBD Overlay and which CBD Sub-
district standards apply.
a. Properties with OSSHAD Zoning with CBD Overlay may follow the applicable
CBD Sub-district development standards for principal and accessory uses only
and may apply for conditional uses or participate in the Incentive Program in
Section 4.4.13(HD.
b. CBD Overlayproperties are also subject to the OSSHAD Special District
Regulations of Section 4.4.24(H.
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Ord.No. 19-18
C. CBD Overlay properties must adhere to the required standards set forth in
Section 4.4.13M(1�,and 4.4.13,K�3�.
Figure 4.4.13-5 Central Core and Beach Sub-districts Regulating flan
C_ LEGEND
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ATLANTIC AVENUE UPAfTD HEIGHT AREA,
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�I_; REQUIRED^E7R(L FRONTAGE jTi I I_-. rain r PRIMARY STREETS
iS`-I-� —�-�� PI REAP'LE GROxIE NEIGHBORHOOD PLl1id
���� AtLnedTdC AVENUE a1LFlKtNG DISTRICT
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PLfiNnfEf.??F?i-YPA,IL COASTAL LINK .''ATiOiV
PUBLIC PARKING GARAGE
1�� }S—aH,Iu Md�{.(.,WITH CBD OVERLAY
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Ord.No. 19-18
Figure 4.4.13-6 Nest Atlantic Neighborhood Sub-district Regulating Plan
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LEGE A/19
- CBD ZONING
WEST A FLANTIC NEIGHBORHOOD
WEST ATLANTIC NEVGHBORHOOD COMMERCIAL AREA
REQUIRED RETAIL FRONTAGE
ANNINUMM PRIMARY STREETS
PUBLIC PARKING GARAGE
OSSHAD ZONING WITH CDD OVERLAY
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Ord.No. 19-18
Figure 4.4.13-7 Railroad Corridor Sub-district Regulating Ilan
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C eD ZONING
RAILROAD CORRIDOR
PNEAPP.E GROVE NFIGHBORHOOD PLAN
IMEMOM PRIMARY STREETS
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Ord.No. 19-18
Section 4. That Section 4.4.13, "Central Business District (CBD)", Subsection (C) "Allowable
uses", along with the addition of Figure 4.4.13-8-A "Required Retail Frontage", of the Land Development
Regulations of the City of Delray Beach,Florida,be and the same is hereby amended as follows:
(C) Allowable uses.
(1) Principal, accessory, and conditional uses. Table 4.4.13(A) identifies the allowable
principal,accessory,and conditional uses for each area of the CBD.See Section 4.4.130
for approval standards. Streets designated as "Primary Streets" and/or with "Required
Retail Streets Frontage" on the any Sub-district Regulating Plan have additional standards.
(2) Ilse vaiiations forpPrimaryand s&condarysStreets. Primary Streets are intended to
be superior pedestrian environments and, as such,are held to higher standards regarding
the location of certain uses, including parking. The Sub-district Regulating Plans
designates certain streets as "Primary Streets" and all other streets are considered to be
"Secondary Streets."
(a) Where a principal or accessory use does not have an "S" in Table 4.4.t3(A), the
use is permitted on both Primary and Secondary streets.
(b) Where a principal or accessory use in Table 4.4.13(A) has an "S" in the column,
the use is a "Secondary Street" use.
1. Secondary Street uses are permitted without limitations on Secondary
Streets, except for properties zoned OSSLIAD with CBD Overlay, as
identified on Figure 4.4.13-5 Central Core & Beach Sub-districts
Regulating Plan and Figure 4.4.13-6 West Atlantic Neighborhood
Regulating Plan.
2. On Secondary Streets, properties zoned OSSHAD with CBD Overlay
shall line Secondary Street uses (except accessory parking in a surface lot)
along the street level for a depth of at least 20 feet on all stories by a use
permitted on all streets.
3. On Primary Streets, Secondary Street uses (including parking garage
levels) shall be lined along the street for a depth of at least 20 feet on all
stories by a use permitted on all streets (see Figure 4.4.13-8).
4. On Primary Streets, Public Parking Garages (as mapped on a regulating
plan) shall be lined along the sidewalk level for a depth of at least 20 feet
by a use permitted on all streets;a use liner is not required on upper levels
(c) Additional standards for Conditional Uses are in Section 4.4.13(K)Q7 .
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Ord.No. 19-18
Figure 444°13-8 Primary and Secondary Street Uses
Prima-r/Street Uses � Sacoridar/Strut Uses
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20 %IOAFCf "- + "!rad A"r r'" 7,.tPd '�F�'e'�"`
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(3) Required Retail Frontage Use Llimitations on, Streets designated on the Regulating
Plan with Required Retail Frontage are intended to be lively, highly active pedestrian
environments that support businesses and reinforce local character.Properties on streets
designated with Required Retail Frontage have use and frontage type standards that apply
to the sidewalk level story.
(a) All Sub-districts.
1. Residential units,including multi-family and live-work, are not permitted
in the sidewalk-level story on streets with Required Retail Frontage.
2. On streets with Required Retail Streets Frontage,buildings and uses at the
sidewalk level shall comply with the followin ttse eithefcr
e a ,.t., a c�re4ent fr ge-Pe-(S� c��.
�C�vv icrr
a. The frontage We shall be either a Storefront or Arcade with a
Storefront See Section 4 4 13(�
b. The width of an individual commercial space shall not exceed 75
feet maximum(See Figure 4.4.13-8 A)
C. The depth of an individual commercial space shall be at least 20
feet and contain only uses permitted in 4 413(Q(3)(b) and (c)
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Ord.No. 19-18
combinations of permitted uses with other uses not permitted at
the sidewalk level are not allowed (See Figure 4.4.13-8 A), and,
d. Uses not permitted in 4.4.13(.Q(3)(b)and(c) shall not be accessed
from the street designated with Required Retail Frontage and
must be physically separated with no interior connections
between common walls (See Figure 4.4.13-8 A).
3: D---:--c -Retail t-feets 41he dk-h of an iffid-i-Axidual
is 75 feet.
3. Valet and passenger loading areas and access are not permitted.
Figure 4.4.13-8 A Required Retail Frontage
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REQUIRED RETAiL FRONTAGE
(b) Central Core and Beach Sub-districts. One hundred percent of the building
frontage of at the sidewalk-level story shall be for the following uses (as described
in Table 4.4.13(A)),fef n M °a dopa, of 20 roe
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Ord.No. 11-18
1. General retail uses and/or facilities,except that sales of automotive parts,
lawn care equipment, or secondhand material (other than verifiable
antiques) are not permitted.
2. Services and facilities,subject to the following:
a.FEeludi g tmee Tattoo establishments are not permitted.
b. Financial institutions are limited to banks and savinLs and loan
establishments: brokerage firms and private wealth management
firms are not permitted. The following regulations also apply.
i. No more than 75 feet of financial institution fronta eLis
allowed per block face;and
ii. No more than a total of 100 feet of financial institution
frontage is allowed on facing street frontages. (For
example, a new financial institution with 30 feet of street
frontage may locate across the street from an existing
financial institution with 70 feet of street frontage.)
3. Hotels,motels, or residence-type inns.
(c) West Atlantic 1Veigbborbood.Sub-distract.
1. At least 50 percent of the building frontage of the sidewalk level story
shall be for the following uses (as described in Table 4.4.13(A))-,4er--a
pth ef 29 feet:
a. General retail uses and/or facilities, except that sales of
automotive parts, lawn care equipment, firearms, or secondhand
material(other than verifiable antiques) are not permitted.
b. Services and facilities.
C. Hotels,motels,or residential-type inns as a Conditional Use.
2. Up to 50 percent of the building frontage of the sidewalk level st�may
be for business, professional, and medical uses/offices; more than 50
percent maybe approved as a Conditional Use.
15/73
Ord.No. 19-18
Table 4.4.13(A)—Allowable Uses in the CBD Sub-Distracts
Central Railroad Beach West
Core Corridor Area Atlantic
Neigh. '
General retail uses and/or facilities, as in GC district(4.4.9) ' P P P P
Business,professional, and medical uses,as in GC district(4.4.9) P P P P
Services and facilities,as in GC district (4.4.9)',excluding drive-
through facilities P P P P
Multiple-family dwellings 3 P P P P
Community residences See re e7 4.4.13 Q(4)(a)
Nursing homes,abused spouse residences, continuing care
facilities, and aAssisted living facilities that do not comport with P P P P
the definition of"community residence"
Live/work units (see 4.3.3(KKK)) P P P P
Hotels,motels, and residential-type inns 3(see 4.3.3(1VI) and 4.3.3
(�) P P P C
Bed and breakfast inns (see 4.3.3 (Y)) P P P C
Public Parking Garages, as mapped on a Regulating Pplan P'S P'S P'S P'S
Fabrication and/or Assembly - P - -
Wholesaling,Storage, and Distribution' - P - -
Contractor and trade services - P - -
Automobile brokerage,including vehicle display within an P _
enclosed structure
Tattoo Establishments (see 4.3.3(ZB)) PA PA PA P,A
Family daycare homes (see 4.3.3(T)) A A A A
Home occupations (see 4.3.3(K)) A A A A
Mechanical parking lifts (see 4.6.9(D)(11) and 4.6.9(F)(4)) AS A AS AS
Parking areas,passenger drop-off, loading/unloading,and refuse
AA
and service areas ,S A ,S 'A'S
Recreational facilities (for amultiple-family cerlexdevelopment) A A A A
Services and repair(incidental to the associated principal use) AS A AS A,S
Single-family dwelling (occupied by owner,proprietor, or A A A A
employee of the principal use)
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Ord.No. 19-18
Storage of inventory(not shared or leased independent of the AS A AS AS
principal use)
Automobile repair C
Child care Facilities (see 4.3.3(E)) and adult daycare facilities (see C C C C
4.3.3(FE,-))
Commercial recreational facilities, such as bowling alleys and C C C C
skating rinks
Drive-through facilities (serving banks,financial institutions,retail C C C C
causes, etc.)' See 4.4.13(D(7)(a)
Food Preparation and/or Processing including bakeries and C
catering - - -
� bazams,and skrAaf r-etag uses
Funeral homes, including accessory uses such as a chapel or C C C C
crematory
Gasoline stations (See 4.4.13(n(7)(b) and/or car washes (See
4.4.130)(7)(c)) C C - -
Large family child care homes (see 4.3.3(T1)) C C C C
Dry-cleaning Processing Plants _ C
Segwaytours and Segwaysales (see 4.3.3(ZZZZ)) C C C C
Theaters, excluding drive-ins C C C C
Veterinary Clinics C C C C
24-hour or late-night businesses, within 300 feet of residential
zoned property[see 4.3.3(VV)] C C C C
Urban Agriculture [4.3.3 (D)]excluding outdoor Urban Farms P,A P,A - P,A
Outdoor,Urban Farms [4.4.3(D)] C C C C
LEGEND: P =Principal Use A =Accessory Use C =Conditional Use
- =Prohibited Use S = Secondary Street Use
'Sales of automotive parts,lawn care equipment,firearms,or secondhand material(other than verifiable antiques)
are not allowed on properties facing a stfeet designated as-a.Required Retail Street on the Regulating Plan or
anywhere within the West Atlantic Neighborhood.
zSee Seetien I—.en the r-emal of spefting geE)ds and .Drive-thru and Drive-
in restaurants are not permitted within the CBD
3 For density limits,see Seecti-e-n- 1.4.13P (Table 4.4.13(0).
17/73
Ord.No. 19-18
'Not self-storage facilities;products and materials shall not exceed 55 gallons of any substance which is listed on
the Generic Substances List of the Palm Beach CountyWellfield Protection Ordinance(Ref.:Palm Beach County
LDC,Article 9, Section 9.3)
'See Section 4.4.13(C)(4)(a) for limits on Ccommercial use locations in the West Atlantic Neighborhood Sub-
district.
o ,1,. . _:A_:_ ,I-- furl
Emeept as fel-i--iired by state 9
pem4ued 4s-p -in all four CBD Sub Distfiets if it (I) wet4d be leca-ted at least 660 linear-feet frem the eles
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— My residenee that dees net meet beth efitetia(1) an4-(2)-.
(4) Supplemental use standards.
(a) Community Residence Idousing. po4° ^^d&!e-quipme 4-4v*tals.--'14ie
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and af�y eutdoer displays are
„bjeet te the rests ,.,-iens set feeth i ce,.,-ie n 6.6(QP) Except as required by
state law,a CommunityResidence housing four to ten individuals shall be allowed
as a permitted use in all four CBD Sub-Districts if it (1) would be located at least
660 linear feet from the closest existing community residence housing four or
more individuals as measured from the nearest property line of the proposed
community residence to the nearest property line of the existing`community
residence, and(2) the operator or applicant is licensed or certified by the State of
Florida to operate the proposed community residence, has certification from an
appropriate national accrediting agency,or has been recognized or sanctioned by
Congress to operate the proposed community residence. Except as required by
state law,a conditional use permit must be obtained for anycommunityresidence
that does not meet both criteria(1) and(2). See additional and related reulag tions
at Section 2.4.7(G) and 4.3.3(I) of the Land Development Regulations.
(b) Worker transport/assembly points. The picking-up, dropping-off, or
otherwise transporting workers, assigned through an employment agency, from
an assembly point in the CBD to the work site is prohibited, except within the
West Atlantic Neighborhood area provided the structure 4w,rer„oa a„es not have
18/73
Ord.No. 19-18
6611 "�fanee f..,,i.,���i��n�.,a or ass embly is not located on West
1.111.10.L1VL
Atlantic Avenue.
(c) West Atlantic Neighborhood Sub-dDistrict Supplemental Use Standards:
The following supplemental district regulations apply in the West Atlantic
Neighborhood Sub-district:
1. West Atlantic Neigbborbood Commercial Area. Commercial
structures are allowed on NW 5th Avenue, SW 5th Avenue, and may
extend up to 150 feet from West Atlantic Avenue.Accessory uses such as
parking areas, landscaping, and drainage retention areas may extend
beyond the 150-foot limit.Full service grocery stores may extend beyond
the 150-foot limit on commercial structures with approval bythe SPRAB
of a site plan design that ensures compatible transitions between
commercial and residential areas. Establishment or expansion of other
structures beyond the 150-foot limit may be allowed as a conditional use,
subject to the required findings of Section 2.4.5(E)(5).The West Atlantic
Neighborhood Commercial Area is mapped on the West Atlantic
Neighborhood Regulating Plan.
2. There is no restriction on repair ler- reeenst=-aotien of non-
conforming single family residences locatedl. ' ' more than 150
feet from West Atlantic Avenue.
(d) Railroad Corridor Sub-dDistrict Supplemental Use Standards: The
following supplementaldistrict regulations apply in the Railroad Corridor Sub-
district: W cmc-�r� e d Cerazi�
deTab-Terson t,--& e er- eucside--lefage
aYYro
1. Outdoor Uses: Within the Railroad Corridor Sub-district except for
outside storage approved pursuant to Section 4 6 6(C)(2) and outdoor
dining, all principal and conditional uses shall be conducted within an
enclosed building.
2. Automobile brokerages: Inventory must only be located within an
enclosed building. Automobiles which are part of the business inventory
must not be placed in parkin areas.
reas.
(e) Special Requirements for Specific Uses: Permitted uses which are not
specified in Table 4.4.13(A) may also have additional regulations in Section
4.3.3.
(f) Outdoor use areas:All outdoor uses areaswith the exception of accessory
uses clearly ancillary to the principal use,are subject to parking requirements
19/73
Ord.No. 19-18
This provision is applicable to`balconies,porches,rooftops, and any other
outdoor use area regardless of which story it is located.
O Rooftop Terraces: These regulations are intended to wide the use of rooftops
. the downtown.
1. Rooftop uses. Rooftop terraces may be used for outdoor dining, open-
air lounges, exercise and fitness activities (both as principal or accessory
uses) rooftop gardens,urban agriculture,and recreational amenities.
2. General Standards for rooftops. All rooftop terraces shall comply with
the following standards:
a. Rooftop terraces shall be architecturally compatible with the
design of the overall building.
b. Rooftop terraces shall be designed to mitigate potential impacts
to surrounding properties.
i. Lighting standards of Section 4.6.8 apply.All rooftop lighting
shall be full cutoff luminaries to minimise spillover on
adjacent properties. Light poles maynot extend beyond the
maximum building height limit.
ii. Live music and music played by disc joi ckeyare not
permitted unless within enclosed spaces;and,noise control is
subiect to the City's Noise Ordinance.
iii. For properties adioining or separated by an alley from a
residential zoning district,OSSF AD,or an existing residential
use, rooftop terrace design shall provide screening at least six
feet in height alongthe he adjoining perimeter to limit oversight
into residential properties. Privacy screening shall not extend
above 60 feet and may consist of a parapet,landscape,railings
etc.
iv. Outdoor rooftop activities not within enclosed areas are
limited on Sunday through Thursday to the time between 7
a.m. and 10 p.m., and on Friday and Saturday to the time
between 7 a.m. and 11 p.m.
20/73
Ord.No. 19-18
C. Parking must be Provided when a principal use is located on a
rooftop terrace. (For example restaurant seating or an outdoor
)oga studio). Parking is not required for amenities that are
ancillarvto the principal use For example a swimming pool for
a condominium).
I Railings or parapets shall be a minimum of four feet in height,
consistent with proposed architectural style,and provided for the
full perimeter of rooftop terrace. Railing and parapet height may
not extend beyond the maximum building height of 60 feet
3. Rooftops on Buildings with the Maximum Number of Stories
These regulations are intended to guide the non-habitable use of rooftops
for buildings built to the maximum story height limit to allow rooftop
terraces. Rooftop terraces and rooftop amenities such as roof gardens
observation decks, swimming pools and rennin tracks,racks are encouraged
to create unique gathering spaces to aid in the reduction of the urban heat
index, and to add aesthetic value to the buildings Rooftop terraces are
not intended to add additional story height Rooftop terraces shall be
subiect to the following criteria:
a. Rooftop terraces that are entirely open to the sky may occupy 100
percent of the total gross roof area
b. Rooftop terraces shall be hardscaped with materials such as but
not limited to,patterned concrete pavers or wood decking
C. Rooftop terraces shall be landscaped over a minimum of 10
percent of the rooftop terrace area Landscaping shall consist of
trees,shrubs, ground cover, and vines
d. Covered structures located above the maximum allowable
number of stories are permitted to cover a maximum area of 25
percent of the rooftop terrace area For the purposes of
calculating the maximum area the term"covered structures" shall
not include enclosures for screening mechanical systems elevator
shafts,or stair towers. The following restrictions apply
L Covered structures located above the maximum number
of stories shall not exceed a maximum height of 60 feet
21/73
Ord.No. 19-18
ii. The uses within covered structures shall not be for
residential or similar use or for uses generally with a 24-
hour occupancy: Covered structures that maybe climate-
controlled are limited to elevator lobby areas, restrooms,
restaurants, lounges,fitness centers, and similar uses.
4. Swimming pools on rooftops. Swimming pools and/or hot tubs are
permitted in rooftop terraces subject to the following criteria:
a. Swimming pools and hot tubs are only permitted as amenities to
residential or hotel buildings.
b. Swimming pools and hot tubs are permitted provided the top of
the surrounding deck does not exceed eight feet above the top of
the main rooftop.
C. Swimming pools and/or whirlpools shall be surrounded by a
minimum five-foot wide walkway
d. Supporting restroom facilities associated with swimming pools
shall comply with the standards for covered structures.
Section 5. That Section 4.4.13, "Central Business District(CBD)",Subsection (D) "Configuration
of buildings", of the Land Development Regulations of the City of Delray Beach, Florida, be and the same is
hereby amended as follows:
(D) Configuration of buildings.
(1) Standards for CBD GmenWly. The following building configuration standards apply to
all CBD Sub-districts:
(a) Building height.Unless otherwise specified herein,the height of buildings shall
be measured in and regulated by the number of stories and the maximum overall
building height (See Table 4.4.13(C)).
allowed w et ben a .Stories are measured from the finished
floor to finished ceiling.(See Figure 4.4.13-10).
1. Within the Atlantic Avenue Limited Height Area, maximum overall
building height-k4eevis 38 feet and maximum building height in number
of stories is three. The Atlantic Avenue Height Limit Area is defined as
those properties, or portions of properties, located within 125 feet north
or south of the East Atlantic Avenue right-of-way line,between Swinton
Avenue and the IPA-erintmcoastal Waterway. (See Figure 4.4.13-5).
22/73
Ord.No. 19-18
2. Except within the Atlantic Avenue Limited Height Area, maximum
overall building height in feet is 54 feet and maximum building height in
number of stories is four. Eef the ptffpeses e f this eetia , height is
meastwedc the c e ref read ewe FE .4A ptibhshed
finishedreef n,,,fee of a flat roof f the-selal of a gable,4,of ga ibf;e
3. Stories located below grade are for parking or storage uses only and are
not counted for the purpose of measuring building height unless d 1-f-the
floor of the first habitable story is elevated more than four feet above the
adjacent sidewalk, then the space below counts as the first story for the
purposes of measuring building height.
4. The ground story of commercial or mixed-use buildings shall be a
minimum of 12 feet tall.
5. The ground story of residential buildings shall be a minimum of ten feet
tall.
6. Each story above the ground story in all buildings must be at least nine
feet tall.
7. Mezzanines that exceed the percentage of floor area for a mezzanine
defined in the Florida Building Code are counted as stories for the
purpose of measuring height. For the purpose of measuring building
height,parking levels are counted as set forth in Section 4.4.13(D)(8).
8. Each parking garage level exposed to a street or civic open space shall be
counted as a story for the purposes of measuring height. Parking levels
fully lined and concealed from view by a story containing an active use
(i.e.retail,residential,office) are not counted as stories for the purpose of
measuring height. See Figure 4.4.13-9.
9. Within the Central Core, Railroad Corridor, and Beach Sub-districts,
residential units must have the floor of the fust habitable story elevated at
least 18 inches above the adjacent sidewalk. Within the West Atlantic
Neighborhood Sub-district, residential units must have the floor of the
first habitable story elevated at least 12 inches above the adjacent sidewalk.
Lobbies and common areas in multi-unit or mixed-use buildings may have
a lower ground floor finish level.
10. Architectural features including church spires, steeples, belfries, and
cupolas are not limited by story height; however, any part of any such
feature shall not extend.,r eve the P: ht f 64 feet exceed 10 feet above
the maximum overall building height unless specifically approved by
action of the City Commission.
23/73
Ord.No. 19-18
11. Elevator overruns and stairways are not limited by the number of stories
and shall not exceed 10 feet above the maximum overall building height.
Figure 4°4.13-9 Counting the Number of Stories
:3 Story Building �� � � 3-Story Building --,
Fufly,
Concealed Parlking Levels llztrk- ng Level Exposed to Secondary Street
1 �
PL aL.
m�/m,zrte/ 1
irsa nd�a¢,4
� I
r
3esr��s2ang
+r arch tarry
ra
111
1-14
Farr¢sn %rf ori'<�f E _ 2nd sr.axy ,,�',r ...:� Y,�!.,•✓�'�✓ 3'i/
P-r mcg 3rR�¢x .,/�
-- I ,/� FYmkm�ir ✓ 'I'It wtory ✓
E/'p i�-sr7n ✓ %j'/,% ., rt a Car .., !iia r rz?'�,•jri'r `�i�,/`f;/.
i✓, Active, Use FEE Active,L so
Parking = Parking
Figure 4,4013-10 Measuring Building Height
� a
x
x
r*
i ( ✓
C
u47
fi
24/73
Ord.No. 19-18
Table 4.4.13(B)
Buil di ng Height
A Maximum Building Height in the Atlantic Avenue Limited Height Area 3 stories and 38 ft.
Maximum Building Height outside of the Atlantic Avenue Limited Height Area 4 stories and 54 ft.
Ground Floor Finish Level
B _ °
Residential Units in the Beach,Central Core,and Railroad Corridor Sub-districts 18" min.
Residential Units in the West Atlantic Neighborhood Sub-district 12" min,
Ground Story Height
C Commercial and Mixed-Use Buildings,with ground floor commercial use11 s 12 ft. min.
Residential Buildings 10 ft.min.
D Upper Story Height 9 ft. min.
E Additional Setback Above 3rd Story varies
...._.-.......................
(b) Building placement.
1. Front setbacks shall be measured from the property lines coinciding with
Public rights-of-way, including streets and parks.
a. Awnings, porches, balconies, stoops and arcades may encroach
into the setbacks as set forth in Section 4.4.13(E)when utilized as
the Frontage Type
b. Roof Eaves, awnings, and balconies may encroach into the
setbacks a maximum of four feet.
C. Section 4.3.4(4(4) identifies additional structures permitted in
setbacks.
25/73
Ord.No. 19-18
Fa4-4-13-11 RiAclanp,FmntaPe Reau;rement
f
Civic �
a: I i I
Fro
I _ _
8
2. Where development may build with no side setback, the following
limitations also apply:
a. Side setbacks are required en4y-when *a abutting a residential
zoning district or a propertywith a building existing as of February
24, 2015, the effective date of thiseOrdinance No. 02-15 kiate3
with windows facing the adjoining lot line. Then, new
development shall set back a minimum of five feet or the amount
necessary to provide at least ten feet of separation between the
existing and new buildings,whichever is r� eater.
b. Buildings with openings,including doors,windows,andlasg s wall
materials, facing an interior side property line must setback a
minimum of five feet from the property line.
/h shafts,
IN g faga a 9 shin be v-, rsda :v�the
c„�snn4
Ptepefty-
c. Buildings taller than three stories in height have additional setback
requirements for the upper stories, as described in Section
4.4.13(D)(2).
(c) Frontage percentages.Building frontage is the percentage of the total width of
a lot minus the required setbacks,which is required to be occupied bythe
Bade building facade.Building frontage requirements are set forth in Table
4.4.13(0) for each CBD Sub-district.
26/73
Ord.No. 19-18
1. Building shall be generally parallel to the right-of-
way, located in accordance with the minimum and maximum front
setback requirements —r the zeni g distt et.
The l t �the f., nae is net ,.i,a e b the f
�1v iv%a�ivai vi i ui y' u�u v� .,aauai��.0 v y' �aii, l^iiv�ti.ctiivax-vr
�eHitPEtuni lememss=caczh asseermiees, 1•,,T••*'rode •��6�,-pure-he,
baleeiiies7 steeps, ^ °
-32. The pf�m building facade may adjust around a Civic Open Space that
meets the requirements in Section 4.4.13(G) as shown in Figure 4.4.13-
11.
43. On corner lots,the p building facade shall extend from the comer
to ensure that new development (or civic open space) defines the corner.
(d) Dwelling unit standards.
1. Diverse unit types. A number of different unit types, sizes and floor
plans shall be available within the development. Two and three-bedroom
units are encouraged, as are a combination of multi-level units and flats.
In projects consisting of more than 12 dwelling units,the proportion of
efficiencyor studio type units maynot exceed 25 percent of the total units.
One-bedroom units may not exceed 30 percent;however,if no efficiency
or studio units are constructed, the cumulative amount of one bedroom
units may not exceed 55 percent. There is no maximum percentage for
unit types established for projects having 12 or fewer units, however, a
mix of unit types and sizes is encouraged.
2. Minimum floor area. Minimum floor area for multi-family residential
dwelling units shall be as established for the Medium Density Residential
(RM) zoning district in Section 4.3.4(K).
(e) Otber standards. Other standards also apply in CBD sub-districts:
1. Frontage Standards are in Section 4.4.13(E)-
2. Architectural Standards are in Section 4.4.13(F).
3. Civic Open Space Standards are in Section 4.4.13(G).
4. Incentive Program is in Section 4.4.13(".
5. Parking Standards are in Section 4.4.13(I).
6. Review and Approval Process is in Section-4.4.130)
(2) Dimensional requirements for CBD Sub-districts. Table 4.4.13(C) provides the
dimensional requirements regarding lot size, building placement, building size, height,
density, and civic open space for each CBD Sub-district. Figure 4.4.13-12 illustrates the
dimensional requirements from the table.
27/73
Ord.No. 19-18
(a) Buildings shall be located in accordance with the minimum and maximum
setbacks in Table 4.4.130-
1. The front setback or side setback facing a street or park is a minimum of
10 feet and a maximum of 15 feet,which is coordinated with streetscape
requirements in Section 4.4.13(E)(2).
2. The Mminimum rear setback is 10 feet and minimum side interior
setbacks are 0 feet, unless required per 4.4.13 D)(1)(b)2. Side lot lines
adjoining alleys are regulated by rear setbacks.
3. Buildings over three stories in height are subject to additional setback
requirements in erder to ensure architectural articulation and reduce the
impact of taller building heights.
a. At the top of the third story, front and rear setbacks are 20 feet
minimum
b. With approval from the SPRAB, building entries, lobbies, and
vertical circulation areas located above the third story may not be
required to increase the setback to 20 feet, if configured as tower
elements determined to be consistent with the Delray Beach
Architectural Design Guidelines.
4. Where the rear or side of a property directly abuts a residential zoning
district with a height limitation of 35 feet without any subseetien er
separation between them of 30 feet or more, such as a street, alley,
railroad, waterway, park, or other public open space; the following shall
apply-
a. For buildings or portions of buildings three stories or less in
height,a minimum side set back of ten feet from the property line
shall be provided.
b. At the top of the third story, minimum side and rear building
setbacks of 30 feet shall be provided from the property line for
the portion of the building that is over three stories in height.
C. A solid finished masonry wall six feet in height, or a continuous
hedge at least four and one-half feet in height at the time of
installation, shall be located inside and adjacent to the portion of
the boundary line of the CBD-zoned property which directly
abuts the residentially zoned property. Walkways and other
pedestrian or bicycle connections shall be placed through the wall
or hedge if they provide links identified on any adopted bicycle
and pedestrian master plan or if SPRAB determines they would
promote desirable connectivity between properties.
28/73
Ord.No. 19-18
5. On Primary Streets,the minimum building frontage is 75 percent and the
maximum frontage is 100 percent. On Secondary streets, minimum
building frontage is not required and the maximum building frontage is
100 percent.
6. Buildings with more than 250 feet of street frontage shall provide a
pedestrian/bicycle passageway at least ten feet wide connecting rear alleys
and/or parking to the public sidewalk. The passageway elevation(s) shall
at least " -ereefit of the wall area-
have
I en ef storefront windows with a base between
nine inches and three.. feet high with transparent glazed windows
extending to at least eight feet high for 50 percent of the length of the
wall.is eneeufaged;
Table 4.4.13 (C)
Dimensional Requirements by CBD Sub-district
Central Core Railroad Beach West Atlantic
Corridor Neighborhood
Lot Size
Lot Width 20 ft.min. 20 ft. Mi. 20 ft. min- 20 ft. min.
Lot Area 2000 sf. M'M. 2000 sf. min. 2000 sf. min- 2000 sf. M'M.
Building Placement
A Front Setback' 10 ft. min./ 10 ft. min./ 10 ft. MM, .1 10 ft. min./
15 ft. max. 15 ft. max. 15 ft. max. 15 ft. max.
Side Setback'
0 ft. 0 ft. or 0 ft. or 0 ft. or
B ,
5 ft. min? 5 ft. Min.2 5 ft. Min.2
5 ft. min.
C Rear Setback 10 ft. nun. 10 ft. min. 10 ft. mi. 10 ft. min.
Side Setback
B Abutting Res.
C District; 1S`to3rd 10 ft. min. 10 ft. nun. 10 ft. min. 10 ft.min.
Story
Side/Rear Setback
B Abutting Res. 30 ft.min. 30 ft. mi. 30 ft. min. 30 ft.min.
C District Above 3'
Story
D Front Setbacks 20 ft.min. 20 ft. min. 20 ft. min. 20 ft. min.
Above 3'Story'
29/73
Ord.No. 19-18
Building Frontage 75% min./ 75% min./ 75% min/
E Required on Primary 100% max. N/A 100% max. 100% max.
Streets
Building Height
Min.Building Height on
Primary Streets 1 Story and 18 ft. 1 Story 1 Story and 18 ft. 1 Story
Max.Building Height in 3 Stories and 38
Atlantic Avenue Limited ft. N/A N/A N/A
Height Area
Max.Height outside of 4 Stories and 54 4 Stories and 54
the Atlantic Avenue ft 4 Stones and 54 ft. ft 4 Stories and 54 ft.
Limited Height Area
Density
Density 30 du/ac 30 du/ac 12 du/ac 12 du/ac 3
Civic Open Space Requirement(See Section 4.4.,3(G))
Sites smaller than 20,000 0% 0% 0% 0%
sq.ft.
Sites Between 20,000 and 5% of area above 5% of area above 5% of area above 5% of area above above
40,000 sq.ft. 20,000 20,000 20,000 20,000
5% of area above 5% of area above 5% of area above 5% of area above
Sites Greater than 40,000 20,000 +79% of 20,000 + 79% of 20,000 +79% of 20,000 +79% of area
sq.ft. area above area above 40,000 area above 40,000 above 40,000
40,000
N/A is "Not Applicable"
'Side lot lines facing streets are regulated by front setback requirements. Side lot lines along alleys are regulated
by rear setbacks.
2 air hght n—A air Q1151 frggt, n �o .. ,<aoa m:tt,:,, the ! . See Section 4.4.13(Q(1)(b)2
3 See Incentive Program in Section 4.4.13(" for potential density increases pursuant to certain location and
performance criteria.
30/73
Ord.No. 19-18
M
. -_
](� S?t`�r t ii{� �3 cS aClr J.IcefS w Fron' e3C'naci'x kz Sides Facire Sheets
Interior Side SeMback S Interior Sid ?SaLback
SalkbacX
r€ont' Satbick#-;bov :) d S'tci-y D P•r:antSc: l�clt, Above 3rd I C l
4i1 u i.11t.lirotWt,rnt..age R-aquimd' Dui ding r`rontcr�> '
i
e-
'Jy r} tt ✓ 4 4 ✓'
µ : -----------
-or"t 7C,1)tci &CeS =aLl"v Al ' C:A SCaack w,SidesStr:.w'3
S r:' Satack S Side Seibaclt
S Rasr Selback C Fear Setback
to Front& d lack Above, 3rd Stor"/ D Frorld Sett)ic�A'tove 3rd Scor/
Required Building Fron."age, E Required Building Frontage
F Uatb ck Pelir-,'f Grsanted by SP F3 'i)r 4= Civic «pert Space
�o,,tjer Eleilient
31/73
Ord.No. 19-18
Section 6. That Section 4.4.13, "Central Business District (CBD)", Subsection (E) "Frontage
standards", of the Land Development Regulations of the City of Delray Beach, Florida, be and the same is
hereby amended as follows:
(E) Frontage standards. Frontage Standards define architecture and design components for the
entrance(s) to buildings and the area between building facades and streets.Building setbacks and
other development standards are coordinated with street cross-sections to ensure a superior
public realm results, improving both the overall visual appearance and multi modal uses of
downtown streets.
(1) Frontage standards and allowable uses. The use of the ground story is an important
factor in streetscape design and appropriate frontage types.For the purposes of Frontage
Standards, unless otherwise specified, residential uses are single-family homes,
townhomes, multiple family residential dwellings, assisted living facilities that do not
comport with the definition of "community residence", nursing homes, continuing care
facilities,community residences,and large family childcare homes and live/work uses.All
other uses are considered to be "commercial uses" for the purposes of this section.
(2) Streetscape standards. Front setback areas, which include side setback areas facing
streets, shall be detailed to augment public right-of-way design, to establish shaded,
continuous routes for pedestrians, and to organize landscaping and other elements to
ensure a superior public realm.
(a) Minimum Streetscape Wadtb. The combination of public sidewalk (located
within the right-of-way) and hardscape (located in front setback areas) shall
provide a minimum streetscape area no less than 15 feet in width,measured from
the back of curb. The streetscape area shall be organized as follows:
1. Curb zone. The curb zone is shall be at least four feet wide, measured
from the back of curbSee— " I 13 13 �.,a r° ^.1 2 1^) to the
pedestrian clear zone. This zone accommodates street trees and public
infrastructure needs such as utilitypoles,street lights,street signs,parking
meters, etc. These elements shall be located as close to the curb as
possible; signs and parking meters shall be consolidated as much as
possible.Space for pedestrian use is also accommodated in the curb zone.
See Figures 4.4.13-13 and 4.4.13-14.
2. Pedestrian clear zone.A pedestrian clear zone at least six feet wide shall
be provided on all streetscapes (See Figures 4.4.13-13 and 4.4.13-14).Any
portion of the pedestrian clear zone within the front setback area shall be
improved as an extension of the public sidewalk and shall match the
public sidewalk in design and material, providing a seamless physical
transition.A sidewalk easement,in a form acceptable to the CityAttorney,
over any portion of the pedestrian clear zone located within the front
setback shall be granted to the City. The property owner shall also be
32/73
Ord.No. 19-18
required to enter into a maintenance agreement, in a form acceptable to
the City Attorney,requiring the property owner to be responsible for and
maintain any improvements made or installed by the owner to meet the
requirements of this section. The sidewalk easement and maintenance
agreement require City Commission approval subsequent to site plan
approval and shall be recorded prior to site plan certification.
3. Remaining front s etback area.The remaining front setback area within
the minimum 15 feet wide streetscape shall be detailed appropriately for
the ground storyuse of the building(See Figures 4.4.13-13 and 4.4.13-14)0
a. Commercial uses.Buildings with retail or commercial uses in the
ground story shall detail and design any remaining front setback
area within the 15-foot wide minimum streetscape area using a
hardscape design. This portion may be used to accommodate
outdoor dining areas, subject to Section 6.3. Landscaping
comprised of plants in removable planters,palms;and/or ground
planting maybe installed adjacent to the building provided it
.,etoz views into storefront windows are not obstructed.
b. Residential uses. Buildings with residential uses in the ground
story shall detail and design any remaining front setback area
within the 15-foot wide minimum streetscape area using
hardscape or foundation planting landscaping.The encroachment
of porches or stoops in this area may be permitted, pursuant to
Section 4.4.13(E)(4).
(b) Street trees. Street trees are intended to provide a shaded environment for the
pedestrian, provide a physical separation between pedestrians and vehicles, -and
improve the overall visual appearance of the street, and reduce urban heat island
effects.
1. All new construction, relocation of a building, or addition equal to or
greater than 20 percent of the gross floor area of an existing building shall
install street trees at the time of development. Street trees shall be a
canopy species,planted in the public right-of-way directly in front of the
property line(s), uniformly spaced no greater than 30 feet on center.
Spacing of trees may only exceed 30 feet in order to accommodate curb
cuts, fire hydrants, utilities, existing trees, and other infrastructure
elements.Palm varieties may be used at corners, crosswalks, or to accent
building entrances and may be permitted in lieu of shade trees when
physical conditions may prevent the proper growth of shade trees, as
determined by the Planning, and Zoning andBuilding Director in
eensuhatien �v the En,v,-nn.,.,onta Sei-,,ees Piro,.ten Consistency in
street tree species shall be established on both sides of the street along
each block. The first to develop shall establish the species with approval
33/73
Ord.No. 19-18
from the Planning,and Zoning andBuildin Director i ,.,...s,.i atiei:
2. Street trees shall be located in the curb zone of the streetscape, in order
to separate pedestrians from vehicular lanes and to provide room for tree
canopies. Street trees may be planted in planting strips, landscaped
planters or tree grates with approval from the Planning,and Zoning and
Building Director in eens4a-tien vi tho EwAfenmeRtal Se
Dec-tar.
3. All trees shall be Florida Grade # 1 or better and satisfy the following
standards at the time of planting:
a. Canopy species: Minimum 14 feet in height with a clear trunk
space of six feet and a spread of no less than eight feet.
b. Palm trees:Minimum 18 feet in height,with a clear trunk space of
eight feet.
4. In the event that site constraints, such as existing utility easements,
infrastructure, or right-of-way constraints prevent the installation of
required street trees, the Planning Zoning and Building Director may
approve a different organization of the curb and pedestrian clear zones.
Additional elements such as removable planters of small palms and
shrubs, vines or seasonal flowers may be require . In
addition, the building shall provide devices such as awnings or roof
overhangs to establish a shaded pedestrian environment.
5. The property owner shall be required to enter into a maintenance
agreement, in a form acceptable to the City Attorney, requiring the
property owner to be responsible for and maintain any tree grates,
irrigation, and landscaping installed by the property owner to meet the
requirements of this section.
6. For those properties where street trees exist at the time of site plan
approval,the property owner shall either provide the required street trees
in another location on-site or payinto the Tree Trust Fund,in accordance
with the fee schedule in Section 4.6.19(E)(5)(d).
34/73
Ord.No. 19-18
Figure 4.4.13-13 Coauaercill Use Streetscape
s
JA
1
PS
. I
Y-
lur,'e,k�Tree
1 �
On-street Parking
Cutdoor Seating
S'$.e"eet U4 hts
N ! 6 a ��• t
u
P edes tri an Clear 7. ne
�
C- Remaining From Setback Area
35/73
Ord.No. 19-18
Figure 4.4®13-14 Residential Use Streetscape
°yM Min
;r
J;
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36/73
Ord.No. 19-18
(3) Building entrances.The main entrance to everybuilding shall be accessible directlyfrom
and face a public right-of-way or civic open space. The main entrance(s) to ground story-
commercial
torycommercial space(s) shall be directly from and face a public right-of-way or civic open
space.Doors allowing public access shall occur at intervals no greater than 75 feet.
(4) Frontage types. Frontage Types define architectural characteristics for the detailing of
building entrances. Seven distinct frontage types have been identified, which are
appropriate for different uses. Table 4.4.13 (D) identifies the frontage types appropriate
for each use by an "X". Using one or more of frontage types identified is required.
Table 4.4.13(D)
Frontage 'Types per Use
Porch Stoop Bracketed Forecourt Storefront Arcade/ Lobby
Balcony Colonnade Entry
Commercial X X X X X X X
Live/Work X X X X X X X
Townhomes and Single- X X X X
Family Dwelling
All Other Types of X X X X X
Residential
37/73
Ord.No. 19-18
(a) Porch .A porch is an open-air structure attached to a building forming a covered
entrance large enough for comfortable use as an outdoor room. Table 4.4.13(E)
provides the dimensional requirements and the maximum encroachment allowed,
provided porches do not encroach into the minimum required curb zone or
pedestrian clear zone as described in Section 4.4.13(E)(2). Figure 4.4.13-15
illustrates the dimensional requirements from Table 4.4.13(E). Figure 4.4.13-16
provides a character example.
Table 4.4.1.3(E)
Dimensional Requirements for Porches
Minimum Maximum
A Building Setback 10 ft. 15 ft.
B Depth 8 ft. 12 ft.
....-_........ ..
C Width 40% Facade 100% Facade
Floor Elevation .5 ft. 4 ft.
Allowable Encroachment 1 8 ft.
' May not encroach into the curb zone or pedestrian clear zone (See Section 4.4.13(E)(2))
Figure 4.4.13-15 Porch Frontage Type Figure 4.4.13-16 Porch Character Example
Q
b
I I
38/73
Ord.No. 19-18
(b) Stoop.A stoop is a small staircase leading to the entrance of a building that may
be covered. The elevation of the stoop is necessary to ensure privacy for
residential uses in the ground story of buildings. Stoops should provide sufficient
space for a person to comfortably pause before entering or after exiting the
building. Table 4.4.13(F) provides the dimensional requirements and the
maximum encroachment allowed provided stoops do not encroach into the
minimum required curb zone or pedestrian clear zone as described in Section
4.4.13(E)(2).Figure 4.4.13-17 illustrates the dimensional requirements from Table
4.4.13(F). Figure 4.4.13-18 provides a character example.
..........._...--..
Table 4.4.1.30)
Dim ensional Requirements for Stoops
!Minimum Maximum
A Building Setback
10 ft. 15 ft.
Depth
_ _
epth 5 ft.
8 ft.
C Width _
4 ft. _
D Floor Elevation
_ 4 ft.
Allowable Encroachment
- 5 feet
1 NAay not encroach into the curb zone or pedestrian clear zone (See Section 4.4.13(E)E 2
. .......................
))
........................._..
.........................
Figure 4.4.13-17 Stoop Frontage Type Figure 4.4.13-18 Stoop Character Example
lo
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,a,
t, Ot �r
4
39/73
Ord.No. 19-18
(c) Bracketed balcony.Abracketed balcony is a second-story balcony,located over
the main building entry,which provides cover for a person entering or exiting the
building, emphasizes the entryway, and creates a semi-public space overlooking
the street. The Delray Beach Architectural Design Guidelines provide guidance
on balcony detailing. Bracketed balconies are typically associated with buildings
with commercial uses in the ground story; however,bracketed balconies maybe
used with residential uses if combined with a stoop. Figure 4.4.13-19 illustrates
the dimensional requirements from Table 4.4.13(G).Figure 4.4.13-20 provides a
character example.
..................................
............._....
Table 4.4.13(G)
Dimensional Requirements for Bracketed Balconies
Minimum Maximum
15 ft.
A Building Setback 10 ft.
5 ft.
B Depth
Width 4 ft. -
_D Floor Elevation 0 ft. _
5 feet
Allowable Encroachment
...._. ......
Figure 4.4.13-19 Bracketed Balcony Figure 4.4.13-20 Bracketed Balcony
Frontage Type Character Example
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v e p -R, t"'21 ilkei+"d'W1>9,1�dW'd,UDr` //
=I�1fmr
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40/73
Ord.No. 19-18
(d) Forecourt. A forecourt is an open area in front of the main building
entrance(s) designed as a small garden or plaza. Low walls or
balustrades no higher than three feet six inches in height may enclose
the forecourt.Forecourt walls are constructed of similar material as the
principal building or are composed of a continuous,maintained hedge.
A forecourt may afford access to one or more first floor residential
dwelling units or incorporate storefronts for commercial uses. The
forecourt is suitable for outdoor seating for residents or restaurants.
Forecourts are typically associated with multifamily, mixed-use, and
commercial buildings. Figure 4.4.13-21 illustrates the dimensional
requirements from Table 4.4.13(". Figure 4.4.13-22 provides a
character example.
Table 4AB(H)
Dimensional Requirements for Forecourts
Minimum Maximum
A Building Setback 10 ft. 15 ft.
B Depth 10 ft. 20 ft.
C Width 20 ft. 50% of Facade
D Floor Elevation 0 ft. 3 ft.
Allowable Encroachment Not Applicable
Figure 4.4.13-21 Forecourt Frontage 'Type Figure 4.4.13-22 Forecourt Character
Example
r
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k
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l"y fe/
,..,......
aid
41/73
Ord.No. 19-18
(e) Storefront. The storefront is a frontage type along sidewalk level of
the ground story, typically associated with commercial uses.
Storefronts are freque shaded by awnings or arcades.
1. Storefront dimensions. Table 4.4.13(l) provides the
dimensional requirements and the maximum allowable
encroachment permitted. Figure 4.4.13-23 illustrates the
dimensional requirements and Figure 4.4.13-24 provides a
character example.
Table 4.413(1)
Dimensional Requirements for Storefronts
Minimum Maximum
A Building Setback 10 ft. 15 ft.
B Store Width N/A 75 ft. on Required Retail Streets
C Storefront Base 9 in. 3 ft.
D Glazing Height 8 ft.
E Required Openings 80%
Maximum Allowable Encroachment ofElements in All Districts
F Awning Projection 5-3 feet
G Projecting Sign N/A 3 feet
Figure 4.4.13-23 Storefront Figure 4.4.13-24 Storefront Character
Frontage Type Example
............
'51
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-71
r.
42/73
Ord.No. 19-18
a. Storefronts shall be directly accessible from sidewalks;
storefront doors maybe recessed up to ten feet.
b. Storefront (window and door) openings shall extend
along at least 80 percent of the width of the facade of
the commercial space, measured by the sum of the
widths of the rough openings. Stero�at windews
sell base Fine iffl-ehe-s tev nee feet h-
f--
sidewalk walk gilt de. rmispareni—xmeans nen seta y nen
ne e al-.,,,,, 20 pefeen
C. Storefront windows shall have a base nine inches to
three feet high.
d. Transparent glazed windows shall extend from the
base to at least eight feet in height as measured from
sidewalk grade adjacent to the building. Transparent
means non-solar, non-mirrored, glass with a light
transmission reduction of no more than 20 percent.
e. Metal storefront window and door frames shall have
powder-coated finishes.
2. Storefront elements.
a. Storefronts shall have either awnings or an arcade.
Awnings shall project a minimum of three five feet
from the building facade. Arcades shall meet the
Arcade frontage standards in Section 4.4.13.(E)(4)(0.
b. Awnings shall be consistent with the building's
architecture and proportionate to the facade opening
shape and size.Except for curved awnings,all awnings
shall be sloped 15 to 35 degrees from the horizontal
plane. Valances shall be no more than 12 inches long.
Internally illuminated or plastic awnings are prohibited.
C. Storefronts may be combined with forecourts,
porches,or arcades.
43/73
Ord.No. 19-18
Arcade. An Arcade is a covered, unglazed, linear hallway attached to
the front of a building, supported by columns or pillars. The arcade
extends into the public right-of-way,over the streets cape area,creating
a shaded environment ideal for pedestrians. This frontage type is
typically associated with commercial uses.
1. Arcade dimensions. Table 4.4.130 provides the dimensional
requirements and the maximum allowable encroachment
permitted. Figure 4.4.13-25 illustrates the dimensional
requirements and Figure 4.4.13-26 provides a character
example.
Table 4.4.13(j)
Dimensional Requirements forArcade
----------
Minimum Maximum
A Building Setback Vanes 15 ft.
B Arcade Depth 10 ft. 20 ft.
C Arcade Height 10 ft. 20 ft.
D Column/Pillar to Face of Curb 2 ft. 4 5 ft.
E Column/Pillar Width and Depth I
Maximum Allowable Encroachment of Elements in All Districts
F Arcade varies by street
Figure 4A.13-25 Arcade Figure 4.4.13-26
Frontage Type Arcade Character Example
4"
V
..................
44/73
Ord.No. 19-18
a. Arcades shall extend over the sidewalk. A sidewalk
should not run parallel to an arcade, allowing
pedestrians to bypass storefront windows.
b. Use of the arcade on local streets requires entering into
a right-of-way agreement, in a form acceptable to the
City Attorney, with the City. The City Commission
shall determine in its-sole and absolute discretion
whether to approve or deny an agreement,which shall
be based upon a determination of whether the arcade
is in the best interest of the general public. This
agreement shall establish liability,indemnification,and
insurance responsibilities in a form acceptable to the
City.For County,State,and Federal roads,agreements
with the appropriate agencies and the City Riay be
neeesshall be required.
C. Arcades shall have a clear depth between the interior
face of the columns and the building facade of at least
ten feet and no more than 20 feet. If the distance
between the property line and the face of curb is not
sufficient to accommodate the minimum depth of ten
feet required for an arcade,or, if the distance between
the property line and the face of curb is deep enough
that using the required building setback results in an
arcade with a clear depth greater than 12 feet,the front
setback may be administratively adjusted by the
Planning and Zoning Director, taking into
consideration the ultimate location of the face of curb.
If determined necessary by the City, the property
owner shall grant a pedestrian and underground utility
easement to the City, in a form acceptable to the City
Attorney, on the applicant's property to reach ten feet
of clear depth.
d. Arcade ceilings shall be designed with coffers or
exposed beams extruding at least six inches, aligned
with columns or pillars. Arcades shall have a clear
height above the sidewalk of at least ten feet and no
more than 20 feet.
e. Support columns or pillars shall be at least 12 inches
wide and deep. See Section 4.6.18(B)(14)(iii). Columns
and pillars shall be placed two to fear five feet from
the face of the curb.
f. The arcade area extending over the public right-of-way
may contain a second story or incorporate roof
terraces;additional stories are not permitted.
45/73
Ord.No. 19-18
2. Arcade elements
a. Arcades shall be combined with storefronts.
b. The height and proportions of the arcade shall be
consistent with the architecture and proportions of the
building to which it is attached.
C. Potted landscaping or ground planting shall be
provided between the face of the columns or pillars
and the face of curb.
d. Lighting shall be incorporated into arcades to meet
CPTED principles.
(g) Lobby entry. The lobby entry is a frontage type that emphasizes the
main entrance to the reception area of a building with a significant
architectural feature. The lobby entry type provides an integral
architectural element that provides a sheltered area to congregate in
front of the main entrance to a commercial, mixed-use, multi-family,
or civic building. The entry may be at sidewalk level or elevated.
1. Lobby entry dimensions Table 4.4.13(K) provides the
dimensional requirements and the maximum allowable
encroachment permitted for certain elements. Figures 4.4.13-
27 and 4.4.13-28 provide character examples.
a. Lobby entry features shall be consistent with the
architecture of building and encroaching elements shall
be harmonious in scale and proportion to the building.
b. Lobby entries shall be directly accessible from the
sidewalk and maybe recessed up to 10 feet.
C. Overhangs or awnings may encroach into the front
setback area up to 10 feet.
d. Columns, pilasters, and posts may encroach into the
front setback up to five feet.
Table 4.4.1.3(x)
Dimensional Requirements forLobby Entry
. .. ........................_...........
Minimum Maximum
A Building Setback 10 ft. 15 ft.
B Lobby Entry Width N/A N/A
Maximum Allowable Encroachment of Elements in AllDistrzcts
C Overhang/Awning Projection N/A 10 ft.
D Columns,Pilaster,Posts N/A 5 ft.
46/73
Ord.No. 19-18
Figure 4.4.13-27 Lobby Entry Figure 4.4.13-28 Lobby Entry
Character Example 1 Character Example 2
i
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�I e
Section 7. That Section 4.4.13, "Central Business District (CBD)", Subsection (F)
"Architectural standards", of the Land Development Regulations of the City of Delray Beach,
Florida,be and the same is hereby amended as follows:
(F) Architectural standards. To ensure high quality architecture in the downtown area,
the following architectural standards apply to all buildings in the Central Business
District Sub-districts and in the OSSHAD with CBD Overlay. In addition to the
standards in Section 4.6.18,the following standards apply in all CBD Sub-districts.
(1) Required standards.In addition to the standards in this section,all buildings
shall follow the Delray Beach Architectural Design Guidelines. Properties
located within a Historic District or Individually Designated Sites, as listed on
the Local Register of Historic Places in Section 4.5.1(I),shall also comply with
the Visual Compatibility Standards of Section 4.5.1(E)(7).
(2) Fagade composition.
(a) wilding Articulations. Buildings articulations that respond to the
site's unique urban condition, such as but limited to, locations on
corners,near public open spaces,terminating the visual axis of a street,
and/or that emphasize main building entries,shall be clearly expressed
in the design.
1. Building articulations in the form of a change in building height
and building placement shall be incorporated so that building
fagade proportions do not exceed height to width ratios of 3:1
or 1,-32 (Figure 4.4.13-29).
2. Building articulations shall be reinforced by changes in roof
design,fenestration patterns,or architectural elements.
Ord No. 19-18
Figure 4.4.13-29 Facade Articulation Proportions
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4re
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"ARK, WAS,0%, A"k'Ag% Or%
(b) Dipartite composition(base, middle, top).All buildings shall have
a clearly expressed base,middle, and top in the facade design.
1. Base. The building base demonstrates the building is solidly
anchored to the ground. The base may be configured in a
number of ways, including,but not limited to the following:
a. A thickening of the lower portion of the wall surface,
accompanied by a change in material or color,
b. the base of a storefront frontage type; or
C. the first story of buildings three or more stories tall,
demarcated by a cornice or molding.
Figure 4.4.13-30 Examples of Base,Middle,Top Configurations
j
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AW%, '#'Vk
j 'v"idd- t
2. Top. The building top may be demonstrated in a number of
ways,including,but not limited to the following:
48/73
Ord.No. 19-18
a. a change in fenestration patterns;
b. placement of architectural elements such as balconies,
cornice line,and moldings;
C. the parapet or roofline in buildings one to three stories
tall;or
d. a setback at the top story.
(c) Visual screenings. Building facades shall be designed to visually
screen "Secondary Street" uses (as identified in Table 4.4.13 (A)) and
large expanses of blank walls. Appropriate facade design to screen
these uses incorporates the consistent use of materials and
construction assemblies, fenestration patterns, architectural
articulation,and features such as,but not limited to,the application of
architectural screens, louvers, or glass. In addition, at the sidewalk
level, vegetated surfaces and planters or window display shall be
incorporated. Paint, faux treatments, scoring, construction joints,
lighting, and material projections less than two inches are permitted,
but do not fulfill the fagade design requirements.
Figure 4.4.13-2931 Character Examples for Building Facade Screening
Secondary Street Uses
yFfrr%i;rlyi
✓��Y/1*1 1811
09
1
UM£
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m I
5
011
The Lincoin Theater has the bu&,inrg cxulation
The C-imatis Street gar-age utilizes consistent bcated along the streets, .behind apt archftectrrrai
b0dinrg materials imth fenestratics? ,patterns ro glass `acade, -ensng the fare axpanses of it'ar!l
estatlwi an attractive facade wrsening fire plrkin
Jevels over the ret`arf.apace, waifs s uitfairt the Movie theater
(d) Fagade composition compliance. All development submittals shall
provide diagrams and/or documentation to illustrate compliance with
the requirements of this Section which includes Building Articulation,
Tripartite Composition, and Visual Screening. Additional analysis
demonstrating compliance may be required by the Planning and
Zoning Director at my point in the process.
(3) Appropriate architectural styles. The adopted "Delray Beach Central
Business District Architectural Design Guidelines", as amended
Ord ,,, ee 28 15 e Deee., bei 8,20 , identifies semen architectural styles as
appropriate for downtown Delray Beach, based on historical precedent,
49/73
Ord.No. 19-18
climate,and building scale.Defining characteristics and character examples are
provided for each of the styles as guidance.
(a) Permitted architectural styles. One of the felle%* architectural
styles shall be identified on permit application drawings and the
building design shall reflect the defining characteristics outlined in the
"Delray Beach Central Business District Architectural Design
Guidelines" document.-
1 F ,1 2. Angle �7 1
,
. -N Rod°, ---fiean Revival
9
d. Ql 1 'r" '
a¢'
5. Ast Deee;
6. Alas efify -,
7. vQz`lif�¢cV rxrccc-ilan
(b) Mixing of styles is not permitted; however, projects comprised of
multiple buildings mayuse more than one style,provided each building
uses one style (e.g. an Anglo-Caribbean building next to a Florida
Vernacular building), and facade portions of long buildings may use
different styles provided each portion uses one style.
(c) Other Ambitectural Styles. Elevations introducing a new style may
be utilized with City Commission approval, via recommendation by
SPRAB or HTB, as applicable. City Commission approval is required
prior to consideration of the site plan by SPRAB or HTB Applicants
shall provide the following:
1. A description including images of a documented and
substantiated Florida vernacular architecture;
2. A written justification of the appropriateness of the style for
downtown Delray Beach;and
3. An explanation including graphics demonstrating how the
building design follows the proposed style.
(d) Eclectic combinations of architectural styles may be used for civic
buildings or for additions or renovations to existing buildings with City
Commission approval,via recommendation bythe SPRAB or HPB,as
applicable. Applicant shall provide a written justification of the
appropriateness of the eclectic combination of styles for downtown
Delray Beach.
(e) Accessory structures such as enclosures used for the screening of
mechanical and electrical equipment,loading and service areas,and/or
dumpster and recycling areas shall be consistent with the architectural
style of the principal building.
50/73
Ord.No. 19-18
IA) Walls.
(a) Walls shall have a maximum of two primary materials, excluding
windows, doors,accents and trims. The materials shall be appropriate
to the architectural style and shall be consistent on all sides of the
building.Materials that simulate other materials shall count as separate
materials if there is a change in texture,color,or pattern of the finish.
(b) Materials or patterns not expressly prohibited maybe used if consistent
with the architectural style of the building.
(c) Metal curtain walls are permitted only on buildings designed in the
Masonry Modern style and shall be limited to 30 percent of the total
building exterior elevation.
(d) Prohibitions.
1. Prefabricated and pre-engineered metal wall panels.
2. Metal curtain wall systems with 100 percent glass and metal
combination.
(e) Treatment of blank walls.
1. Blank walls shall not exceed a length of 50 feet, or 20 percent
of the length of the building facing the street,whichever is less.
2. Plank walls. Blank walls shall receive two or more of the
following special design treatments in order to increase
pedestrian comfort or create visual interest:
a. Vertical trellis in front of the wall with climbing vies
or other plant materials over at least 30 percent of the
blank wall surface.
b. Small setbacks, projections, or indentations with a
minimum depth of eight inches,or intervals of material
change to break up the wall's surface.
C. Additional architectural details such as pilasters,
medallions, decorative panels or castings, decorative
accent tiles,wall-mounted fountains,or public art shall
be integrated on any exterior wall to avoid a blank wall
appearance.
(5) Openings.
(a) Building facades facing streets or civic open spaces must have
transparent windows covering between 20 percent and 75 percent of
the wall area of each story as measured between finished floors.
Transparent means non-solar, non-mirrored glass with a light
transmission reduction of no more than 20 percent.
(b) Storefronts are required on all buildings located on streets designated
on the Regulating Plan with Required Retail Frontage and on all new
51/73
Ord.No. 19-18
retail or restaurant uses. All storefronts shall meet the design
requirements in Section 4.4.13(E)(4)(e).
(c) All public entries,excluding emergency exits,shall be easily identifiable
and integrated into the building architecture and use one of the
frontage types in Section 4.4.13(E)(4). Each freestanding principal
structure shall have a minimum of one clearly defined primary public
entrance facing the street.
(d) Window and door shutters shall be sized to match the dimensions of
the wall openings.
(e) Overhead doors shall be prohibited from facing any adjacent
residentially zoned property. Overhead doors shall be oriented away
from any adjacent public right-of-way,except where currently existing.
(f) Garage doors, entrances and exits with street frontage shall be
designed to have a decorative appearance consistent with the overall
(6) Roofs. architectural composition of the project.
(a) Roof eaves above pedestrian walkways must be guttered to promote a
pedestrian friendly environment.Plastic gutters are prohibited.
(b) Roof types and roofing materials must be consistent with the
architectural style of the building.
(c) Flat roofs shall be screened from adjacent properties and streets with
decorative parapets. The maximum height of the parapet wall shall be
six feet in height or sufficient height to screen all roof mounted
equipment, whichever is greater, measured from the top of the roof
deck to the top of the parapet wall. Exception to the height
requirements shall be pursuant to Section 4.3.40(3).
(d) Roof mounted electrical, mechanical, air conditioning, and
communication equipment shall be completely screened from adjacent
properties and streets.
(e) Rooftop terraces and uses are regulated in 4 413(Q(4)(h)
(eO Prohibitions.
1. Flat asphalt shingles. Architectural 3-tab asphalt shingles with
a minimum 30-year warranty are permitted.
2. Plastic gutters.
(7) Elements.
52/73
Ord.No. 19-18
(a) Cornices and moldings shall extend a minimum of two inches from
the surface plane of the building wall. Cornices and moldings are
continuous facade elements and may not be covered by awnings or
signs.Significant architectural elements such as columns,pilasters,and
towers may intenrupt moldings.
(b) Arcades,porches,trellises,loggias and balconies.
1. Materials for arcades, porches,_trellises, loggias and balconies
shall be consistent with the architectural style of the principal
building.
2. The spacing between columns, pillars, and posts shall have a
height to width or width to height ratio of 1:1,2:1, or 2:3 and
shall be consistent with the building's architectural style. The
maximum spacing between columns, from centerline to
centerline shall be 24 feet.
3. Columns, pillars and posts shall be appropriate for the
architectural style of the building. Masonry columns or pillars
shall be a minimum of 12 inches in width or depth.Wood posts
shall be a minimum six inches in size,width,or depth.
4. Arches over columns that are part of an arcade shall have no
less than 8 inches in depth.
(c) Awnings shall be consistent with the building's architecture and facade
opening shape. Awnings shall project a minimum of three feet from
the building facade. Except for curved awnings, all awnings shall be
sloped 15 to 35 degrees from the horizontal plane. Valances shall be
no more than 12 inches long.Internally illuminated or plastic awnings
are prohibited. Any names or logos printed on awnings shall be
counted as square footage against the overall permitted signage.
(d) in t r b °,ding€aqade,a A streetwall is required along
both Primary and Secondary Streets where there is no building
frontage.Streetwalls located within the front setback shall be three feet
to three four feet—,-si�' � in height and streetwalls located in line
with the a building facade shall be three feet to six feet in height. er
the front se-b ev Streetwalls shall be composed of either an opaque
wall of the same material and color as the building a metal or wood
capped rail fence, or of a continuous, maintained hedge. In addition,
one shade tree per 30 lineal feet, uniformly spaced, shall be installed
along the length the streetwall.
(e) Chain link fences are prohibited except within sites containing outdoor
recreation uses or facilities such as baseball,tennis, racquetball, etc. in
which case they must be appropriately screened with landscaping
pursuant to Section 4.6.16.
(f) A maximum of four base wall colors shall be used for each building,
except as required for artworks or murals as approved by the Site Plan
Review and Appearance Board or Historic Preservation Board.
53/73
Ord.No. 19-18
(g) Mechanical elements and equipment necessary to the operation or
maintenance of the building such as,but not limited to, elevator,stair,
and mechanical rooms,cooling towers,vent stacks and antennae shall
be designed to be integral parts of the overall building design,provide
a balanced and graceful silhouette,and ameliorate the visual impact to
adjacent buildings. Minor features not exceeding one foot in height
shall be exempted from this regulation.
(h) Miscellaneous free standing, wall or ground mounted appurtenances
such as electrical and gas meters, dumpster/recycling, trash
compactors, gas tanks, air conditioning and communication
equipment shall be enclosed or screened and integrated into the
building's architectural treatment. The appurtenances shall also be
prohibited within the front yards.
(i) Prohibitions.
a. Security bars on storefronts or display windows.
b. Neon or fluorescent lighting,unless incorporated into
the architectural concept of the project or public
artwork and approved by the Site Plan Review and
Appearance Board or the Historic Preservation Board.
An example of this maybe a design element associated
with an Art Deco project.
(8) Parking garages. Above ground parking garages shall comply with the
architectural requirements of this Section and the following additional
requirements:
(a) Ramps shall be visually screened from streets and adjacent residential
zoning districts and oriented towards the interior of the lot within a
project where possible. Ramp profiles shall be hidden on the exterior
elevations.
(b) Roof top parking shall be visually screened with articulated parapet
walls or other architectural treatment acceptable to the Site Plan
Review and Appearance Board. Exterior lighting shall utilize fixtures
provided with cut-off shielding in order to eliminate glare and spillage
onto adjacent properties and roadways.
(c) The openings of the garage shall be designed in a manner that obscures
parked vehicles.Decorative architectural elements on the ground floor
level shall be designed to accommodate the pedestrian scale. Parking
levels above the ground floor shall maintain the same vertical and
horizontal articulation or rhythm and incremental appearance
established on the ground floor.
(d) Setback waizrr. To maximize the efficiency of a parking garage,
parking garages or the garage portion of the building may request a
waiver by Site Plan Review and Appearance Board or HPB if located
in Historic District, from the setback requirements of Section
54/73
Ord.No. 19-18
4.4.13(D) (for portions of the building above three stories) subject to
compliance with the following requirements:
1. The garage or the garage portion of the building elevation
provides unified design elements with the main building
through the use of similar materials and color, vertical and
horizontal elements,and architectural style.
2. In OSSHAD and on Secondary Streets in the CBD, a
minimum 50 percent of the ground floor perimeter of the
garage or the garage portion of the building adjacent to street
rights-of-way shall be devoted to window displays or floor area
for active uses such as retail stores, personal and business
service establishments, entertainment, offices, etc. This
number may be reduced by the Site Plan Review and
Appearance Board or the Historic Preservation Board. On
Primary Streets in the CBD,the perimeter of the garage or the
garage portion of the building adjacent to the street rights-of-
way shall be lined by active uses (see Section 4.4.13(C).
3. Architectural features shall be incorporated into the facade to
mitigate the building's mass and bulk and along portions of the
building adjacent to street rights-of-way.
(9) Reduction of Urban Feat Islands.In order to reduce urban heat islands for
both roofed and non-roofed areas, the following standards shall apply to
building and site design:
(a) Non-roofed, Provide shade (within five years) on at least 30 percent
of non-roof impervious surface on the side, including parking lots,
walkways, plazas, etc.; or use light-colored/high-albedo materials
(reflectance of at least 0.3) for 30 percent of the site's non-roofed
impervious surfaces; or, use open-grid pavement system (net
impervious area of less than 50 percent) for a minimum of 50 percent
of the parking lot area.
(b) Roofed: Use Energy Star roof-compliant, high-reflectance and high
emissivity roofing (initial reflectance of at least 0.65 and three-year-
aged reflectance of at least 0.5 when tested in accordance with ASTM
E903 and emissivity of at least 0.9 when tested in accordance with
ASTM 4080 for a minimum of 75 percent of the roof surface; or
install a"green" (vegetated)roof for at least 50 percent of the roof area.
(c) Harking garage roofs: Provide shade on at least 30 percent (within
five years) of any exposed parking on the roof.
(10) Green building practices. Cross-ventilation, energy efficiency, and green
building design shall be considered for all projects. All development which
proposes to build 50,000 square feet or more, in one or more buildings, shall
be at a minimum certified as Silver by the United States Green Building
Council (USGBC) Leadership in Energy and Environmental Design (LEED)
standards or equivalent standards adopted or approved by the City.
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Ord.No. 19-18
(a) At the time of Building Permit application,the owner shall submit:
1. Proof of registration with the Green Building Certification
Institute,or equivalent agency;
2. A signed and sealed affidavit from a LEED Accredited
Professional, or applicable designation, stating that the
proposed Building is designed to achieve the required
certification; and
3. A LEED Scorecard, or equivalent document, identifying
anticipated credits to be achieved.
(b) At the t ne of Prior to the issuance of a Certificate of Occupancy
appk-atien,the owner shall submit:
1. Proof of certification by the Green Building Certification
Institute,or equivalent agency;
2. A bond posted in a form acceptable to the City,in the amount
indicated below;
a. Four percent of the total cost of construction for a
building up to 100,000 square feet;
b. Five percent of the total cost of construction for a
building 100,001 to 200,000 square feet;
C. Six percent of the total cost of construction for any
building greater than 200,000 square feet; or
3. Proof of partial compliance from the Green Building
Certification Institute, or applicable agency, which
demonstrates the credits presently achieved. In addition, a
prorated portion of the full bond amount, as indicated in
subsection 2(b) above,shall be posted based on the number of
remaining credits needed to meet minimum certification
requirements. The bond amount to be posted shall be
calculated as follows:
(credits remaining for certification / credits required for
certification) x full bond amount =prorated bond amount
(c) Forfeiture of bond. The bond required under this Section
4.4.13("(2)(c) shall be forfeited to the City in the event that the
building does not meet the for LEED Silver certification or applicable
certification.The Citywill draw down on the bond funds upon failure
of the owner to submit proof of LEED Silver certification in a form
acceptable to the City within one year of the City's issuance of the
Certificate of Occupancy for the building. If required certification is
not achieved but a majority of the credits have been verified,the owner
shall forfeit a portion of the bond based on any outstanding credits
which shall be calculated as follows:
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Ord.No. 19-18
(credits remaining for certification/ credits required for certification)
x full bond amount =bond amount forfeited
If the amount to be forfeited is greater than 50 percent of the full bond
amount,the bond shall be forfeited in its entirety.Funds that become
available to the City from the forfeiture of the bond shall be placed in
the In-Lieu Parking _Fee Fund and earmarked for bicycle and
pedestrian infrastructure purposes.
Section 8. That Section 4.4.13, "Central Business District (CBD)", Subsection (G)
"Civic Open Spaces". of the Land Development Regulations of the City of Delray Beach, Florida,
be and the same is hereby amended as follows and Subsection(" "Incentive program" shall remain
the same as previously adopted:
(G) Civic open spaces. Civic open spaces are privately maintained outdoor spaces which
are accessible by the general public, improve the pedestrian environment, are
aesthetically pleasing, and serve as an amenity for the city as a whole as well as for
occupants of the building which the open space serves.
(1) Amount required. New development or additions of gross floor area equal
to 20 percent or more to existing buildings shall provide civic open space as
follows:
(a) Sites smaller than 20,000 square feet have no civic open space
requirement. The first 20,000 square feet of sites larger than 20,000
square feet are not used in the computation of required civic open
spaces.
(b) Sites between 20,000 and 40,000 square feet are required to provide
five percent of the site's area that is above 20,000 square feet as civic
open space.
(c) Sites 40,000 9 square feet - mefe; Sites 40,000 square feet of more in
size are required to provide civic open space as follows:
1. Five percent of the site's area between 20,000 and 40,000
square feet;plus
2. Seve Nine percent of the site's area above 40,000 square feet.
For example, a site 62,000 square feet in size will calculate civic open
space as follows:
20,000 square feet =0
20,000 square feet x 5% = 1,000 square feet
22,000 square feet x 79% =4340 1,980 square feet
Total Civic Open Space Required =2-,-S40 2,980 square feet
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Ord.No. 19-18
(d) Dedicated rights-of-way and area used to meet the minimum setback
or minimum streetscape standards in Section 4.4.13(E) do not count
toward fulfilling the required amount.
(2) Types of civic open spaces.Civic open space shall be designed as one of the
following types,which shall be identified on the site plan:
(a) Green.A green is at least 1,500 square feet in size and adjoins
streets on at least two sides or a street and a pedestrian
passageway or main building entry. Greens are designed
primarily for passive uses, consisting primarily of lawn with
either formally or informally arranged landscaping.
(b) Plaza. A plaza is at least 1,500 square feet in size and adjoins
streets on at least two sides or a street and a pedestrian
passageway or main building entry. Plazas are mostly
hardscaped with formally arranged landscaping and a water
feature.
(c) Playground.A playground is at least 2,500 square feet in size.
Playgrounds provide children's play equipment and shaded
seating.Playgrounds adjoin a street on at least one side and the
configuration should ensure easy surveillance of the area from
adjacent buildings and streets.
(d) Square. A square is at least 10,000 square feet and adjoins
streets on at least three sides.Squares maybe up to 50 percent
hardscaped, with formal landscaping. Squares accommodate
both passive uses and community gatherings.
(e) Attached Green.An attached green is genemlly2,000 to 6,000
square feet and spans the entire length of a block. Attached
greens shall be at least 30 feet wide and are appropriate on the
short end of a block. Attached greens are primarily laws with
formally arranged landscaping.
(f) Community Garden. A community garden is 2,500 to
approximately 5,000 square feet and adjoins a street on at least
one side. Community gardens are land that is cultivated
collectively by members of a community (See Section 4.3.3
(D))
(g) � aec eu.-It For civic open space requirements between 250 and
1,500 square feet, buildings shall provide the required space
use a Fereee "* fremage "e—(see Seetivn
A 13(F)( )ld)) Br- inEefpe
one of the following:
1 A Forecourt frontage type (see Section 4.4.13(E)(4)(d)).
2 A pedestrian passageway open to the sky connecting the
front of the property to the rear, at least 10 feet in
width and containing a minimum of 50% pervious,
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Ord.No. 19-18
landscaped area with decorative elements of interest,
such as benches trellises sculptures, and water
features which complement the designs e of the
building Outdoor use areas maybe provided adjacent
to but not within the minimum required pedestrian
passageway area.
(h) Public art. For civic open space requirements less than 250
square feet, a the space shall incorporate ineing a
fountain, living wall, mural, or sculpture or work of m aii+r
shall be provided facing a street or a pedestrian passageway.
Figure 4.4.13-2832 Character Example of Figure 4.4.13--2933 Character Example of
Landscaped Pedestrian Passageway Living Wall
n
1 ri I
t' Way
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Ord.No. 19-18
Figure 4.4.13-3034 Civic Open Spaces
1i
Green,. =1 r
��. a..... ... =Jl
s
f3qu,
ry:,°cy�sC;GI�C� �e
f
Aitacheo Green Watetont Greer.
I
1
60/73
Ord.No. 19-18
(3) Configuration. Civic open spaces shall be configured as follows:
(a) The civic open space shall adjoin a street front property line for no less
than 30 linear feet.
(b) The required amount of civic open space shall be configured in square
or rectangle; additional area above the required amount may augment
the space, creating another shape (See Figure 4.4.13-3�5).
Figure 4.4.13-3-35 Civic Open Space Configuration
e
E X14 1q,ll'il7.".I ac"k
:.
y
f
(c) Except for attached greens,civic spaces shall have a proportion so that
the depth is no more than two and one-half times the width and the
width is no more than five times the depth.
(d) Civic open spaces shall be lined by building facades or streets on all
sides.In order to provide oversight of the space,buildings facing civic
open spaces shall contain active uses;parking lots,parking garages,and
storage areas are not considered active uses.
(e) Civic open space requirements of 3,000 square feet or more maybe
provided in up to two spaces;requirements less than 3,000 square feet
shall be provided in one space.
(4) additional standards. Civic open spaces shall meet the following minimum
standards:
(a) Civic open spaces must be accessible to the public during all daylight
hours. A portion of a civic open space may accommodate outdoor
dining provided:
1. The business is located adjacent to the open space;
2. The open space provides an alternative location for a sidewalk
cafe instead of to using the streetscape area of an adjoining
street right-of-way;and
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Ord.No. 19-18
3. The size of the area is generally consistent with the potential
size of a sidewalk cafe that could be located within the
streetscape of an adjoining street right-of-way.
(b) Civic open spaces must be situated to allow easy ingress and egress by
pedestrians. Except for playgrounds, which may be fenced, no
streetwalls, gates, fences or other impediments to pedestrian
accessibility shall be permitted along the frontage lines;
(c) Civic open spaces must be located at the sidewalk level;
(d) Civic open spaces must be completel3open to the sky,with no roofs,
awnings, structural elements or covered areas above.—, 4iewer
Retractable awnings, trellises, and open-air garden structures such as
pe org las" gazebos or band shells are permitted within civic open
spaces;
(e) Landscaping shall be arranged in a manner reflective of the type of
civic open space. One shade tree per 20 feet of perimeter of the space
is required. Trees may be arranged in regular spacing or in informal
clusters, depending on the type of open space. Trees shall be installed
to provide shade along walkways and for benches. Substituting shade
trees for multiple palm species is not permitted;however,adding palms
to the landscape design is permitted.
(f) Each civic open space shall provide the following street furniture
elements, specifications subject to approval by the City of Delray
Beach Engineering Department:
1. Seating for at least two people per 350 square feet of area.
Seating may be provided on benches, chairs, or other
horizontal surfaces designed for people to sit upon, including
retaining walls, planter edges, tiers and other similar surfaces.
Seating surfaces shall have a maximum height of 24 inches and
have a minimum depth of 16 inches.
2. One drinking fountain;
3. One bicycle rack with no less than four spaces;
4. One trash receptacle;
5. One pet clean up station.
(g) Fences are permitted only to enclose playgrounds. Fences may be
composed of wood or metal pickets and shall not exceed four feet in
height.
(h) Vehicular traffic shall not be permitted within a civic open space.
(i) Civic open spaces shall be designed to enhance user safety and
security using Crime Prevention Through Environmental
Design(OPTED) principles by-
1.
y.1. Being well lighted;
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Ord.No. 19-18
2. Having one or more focal points within the open space
visible from all perimeter streets;
3. Having a clear landscape zone between three feet and
eight feet in height providing sightlines unobstructed
by berms or bushes.
(5) Awilability.Civic open space shall be developed and open for use concurrent
with the issuance of a certificate of occupancy for the building(s)for which the
open space is required.
(H) Incentive program. [Subsection(H) shall remain the same as previously
adopted].
Section 9. That Section 4.4.13,"Central Business District(CBD)",Subsection(I) "CBD
Parking Standards". at Table 4.4.13(L), "Minimum Number of Off-Street Parking Spaces Required
in the CBD", along with amendment to and redesignation of Table 4.4.13(K), of the Land
Development Regulations of the City of Delray Beach,Florida,be and the same is hereby amended
as follows:
[Shall remain the same as previously adopted]
Table 4.4.13(2,)
Minimum Number of Off-street Parking Spaces Required in the CBD
Commercial Uses
Hotels/Motels 0.7 space per guest room plus 1 space per
800 sf. of meeting rooms and shops
Business and Professional Office 610,000 sf 1 space per 500 sf. of net floor area
Business and Professional Office >10,000 sf located
more than 750 feet from a public parking garage or I space per 300 sf. of net floor area
Planned Tri-Rail Coastal Link station
Business and Professional Office >10,000 sf located
within 750 feet of a public parking garage or Planned 1 space per 500 sf. of net floor area
Tri-RailCoastalLink station
Retail I 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 6 spaces per 1,000 sf. of gross floor area
Parking District
Restaurants I I I I-and lounges (including those located 12 spaces per 1,000 sf.for the first 6,000
within hotels/motels) in the Atlantic Avenue Parking sf.Plus 15 spaces per each additional 1,000
District sf.
Residential
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Ord.No. 19-18
- - The number of off-street spaces required
Community Residence by Section 4.6.9(Q(7)(1) of these Land
Development Regulations
Efficiency Dwelling Unit 1 space per unit
One Bedroom Dwelling Unit 1.25 spaces per unit
Two or More Bedroom Dwelling Unit 1.75 spaces per unit
Guest Parking shall be provided cumulatively as follows
- For the first 20 units 0.50 spaces per unit
- For units 21-50
0.30 spaces per unit
- For units 51 and above 0.20 spaces per
Live/Work Units 2 spaces per unit
Alternative Fuel larking Spaces!
.......-._-_--.--. .
Residential 3% of Required Parking Spaces
._....___.. . . .
Commercial 3% of Required Parking Spaces
1 When parking spaces are not required but are provided then 3% of those provided shall be an
Alternative Fuel space.
(4) Bicycle parking and facilities.Bicycle parking and facilities shall be
provided within the CBD Sub-districts.
(a) Minimum Number of Bicycle Parking Spaces. Table 4.4.13(L-4
identifies the minimum number of on-site bicycle parking spaces
required per use.
1. All new non-residential uses ever 2,000 q,&, Y shall
provide at least ene two bicycle parking spaces.
2. For mixed use projects,both the non-residential and residential
requirements shall be provided.
3. Bicycle Parking requirements are applied to new development,
expansion of an existing use,and changes of use.
.....-_._.--..
_ Table 4.4.13(
Minimum Numberoflicycle Parking Spaces Required in the CBD
Commercial Uses
1 space per 10 guest rooms plus 1 space per 5,000 sf. of restaurant,
Hotels/Motels meeting rooms,and shops; if more than 10 spaces are required,then
50% shall be in lockers or secured inside storage area
Professional Office 1 space per 2,000 sf.of net floor area
60,000 sf. _
...... -_-.-._-...............
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Ord.No. 19-18
Professional Office 1 space per 2,000 sf. of net floor area; 50% in lockers plus shower
>50,000 sf. facilities or secured,inside storage area plus shower facilities
Retail,Restaurant,and 2 1 space per 1,000 sf. of gross floor area
Commercial Uses
Residential
.............-...-..........-.
Residential <50 units 1 space pert 4 units
Residential >50 units 1 space per 2 4 units; 50% in lockers or inside storage area
Live/Work Unit 1 space per 2 units
Townhouses and Single-
family Homes
(b) Design and Location.
1. Visitor,employee and resident bicycle parking facilities shall be
visible to the intended users within a location shown on the
site plan that meets the following standards;
a. Provided in a safe, accessible and convenient location
within 300 feet of a main building entrance,when there
is more than one building entrance bicycle parkin
shall be distributed to serve all entrances.
b. Leeated wk4iia 300 feet of a
Seetion 4o ,3(E)M) If bic le parking is proposed
within the minimum streetscape area see Section
4.4.13(E)(2)),it shall not encroach within the minimum
pedestrian clear zone.
Vic. 41e ni afld zoning i—reeter sha4 review the
leeatiefl9
design, a-ad details of the bir-,,ele spiwes as
If bicycle parking is
proposed within the right-of-way a maintenance
nreement (i a form acceptable to the City Attorney)
is required.
d If lockers or a secured inside storage area are required,
then a specification shall be included within the plan
set illustrating the enclosure details.
2. Shower facilities.Offices greater than 50,000 square feet shall
;leas provide ene at least two shower and changing facilityies
Per gendef. -The Each changing facility shall be installed
adjacent to showers in a safe and secured area.
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Ord.No. 19-18
3. Unless otherwise provided by law, residential condominium
covenants are encouraged not to prohibit the storage of
bicycles inside individual dwelling units.
Section 10. That Section 4.4.13, "Central Business District (CBD)", Subsection (n
"Streets and blocks",of the Land Development Regulations of the City of Delray Beach,Florida,be
and the same is hereby amended as follows:
(n ,Streets and blocks.The highly connected street and block structure of the downtown
CBD area is a critical component of the cultural and historic character of the city.The
network fosters multi-modal options, by reducing bike and walk distances, and
allowing traffic to disperse.
(1) Streets and alleys.Within the CBD, the following standards apply to streets
and blocks:
(a) Local streets within the CBD may have travel lanes ten feet in width
provided on-street parking is incorporated in the cross-section and
with approval by the City Engineer.
(b) On-street parking spaces shall be located outside of the applicab_ le sight
visibility triangle measurement Stfeets and age 3 t b
abandened9_ .
(c) Streets and alleys may not be abandoned vacated or closed to
accommodate new development !Alleys Yre:ide an u rt ¢* �•
yyy yy 1 a1V ViLC411L Gl.ZL1Q.1�
pfeve
ess
811 h 1 t � 'd � 1 .� /
r_ J J 1 eea.Le
MAInra%nil-rn all ry Y +° and he �° 11 - Li 7+ a a
Y
aceess and -h-AS at lea-st.
�d11 kltn t}lP-r.srt�n-}�ln�lr ®4e)5 that, are d �'a' d t ! ' r
adopted bieycle an;, pedestrian-waster- plan wvy not be r-elee cted.
Dear ends et e T- __.7___ 1_ Q i
LU+Lv are p - "----
.
il ty goals,ls, afley5 thaw— pr Tem
r-edev te—iisr—p ile—pffi4ig—sueh as
1rth
.. �Clrt a.� in cv
ve ti LaVn 6
(d) Alleys provide an important tertiary support system Alleys may be
relocated provided access and service is maintained to all properties
and the reconfigured alley maintains public access and has at least two
separate access points for entry and exit within the same block.Alleys
that are identified routes in the City's adopted bicycle and pedestrian
master plan may not be relocated Dead-end service courts are not
permitted. To meet the City's sustainabilitvoals alleys that are
unproved as a result of redevelopment are encouraged to use
permeable paving such as porous asphalt or concrete subject to
66/73
Ord.No. 19-18
approval by the CityEngineer.Development on propertalon sib 'de an
alley shall provide street lights as set forth in Section 6.1.5.
(2) Analysis of traffic circulation and access points.To minimize impacts and
coordinate traffic circulation, development which meets one of the following
criteria must provide a professional study that analyzes options for internal
traffic circulation and distribution to the external street network she
,a afer-pfepesea s i nt,i,a meets ene o f the fell
The professional study will be reviewed and analyzed bathe CityEngineer.or
his designee. The applicant shall comply with the CAtgineer
recommendations prior to review by the acting body on the site plan.
(a) The development proposes to move an alley,
(b) The development is located on a block that does not have an alley,
(c) The site is two acres or more in size,or
(d) The site is located along the Intracoastal `waterway or a waterfront
park.
(e) The development proposes valet parking circulation on public rights-
of-way.
Section 11. That Section 4.4.13,"Central Business District(CBD)",Subsection(K) "CBD
review and approval process", of the Land Development Regulations of the City of Delray Beach,
Florida,be and the same is hereby amended as follows:
(K) CBIS review and approval process.
(1) Visual impact analysis: A 3-D visual impact analysis will be required which
includes a model of the proposed development in a format compatible with
GIS, such as SketchUp, Commumtyviz, City Engine, etc. Models shall depict
building height, massing, and other details such as rooftop equipment which
may visually impact adjacent properties. The model analysis shall be in
accordance with the following:
(a) New construction of 10,000 gross square feet or less: Model of the
development site.
(b) New construction of 10,001 gross square feet to 100,000 gross square
feet: Model of the development site and all properties and structures
within a 100-foot radius of the development site,as measured from the
property lines of the development site.
(c) New construction of 100,001 gross square feet or more:Model of the
development site and all properties within a 500-foot radius of the
development site, as measured from the property lines of the
development site.
(d) Additional analysis and/or an expanded analysis area maybe required
based upon project location or potential development impacts. This
may be required by the Planning and Zoning Director at my point in
the process.
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Ord.No. 19-18
(e) A Sight Line Study of all development consisting of two or more
stories shall be submitted for review bythe approving body.The study
shall include a one or more two-dimensional cross section, at a
minimum scale of 1:100, of the site showing the building with the
equipment screening in relation to the adjacent properties (including
views from upper stories) and/or the public street.
(f) Graphic illustration showing that the equipment is not visible within a
200-foot radius.The radius shall be measured from the exterior side of
the screen to a point ten feet above finished grade.
(1) in estab—lished 9
(2) Site flan Review and Appearance Board(SPRAB).For any
new development requiring approval under Sections 2.4.5(F),
2.45(H), or 2.4.5(I), approval must be granted bythe Site
Review a-ad ®...,.o„nne u,,,,,.a 4SPRAB), unless the property
is located within a designated historic district or is individually
designated (see subsection(3) below).In addition,the SPRAB
has the following authority within the CBD:
(a) Modification of building frontage and setback
requirements bywaiverin erde to accommodate civic
buildings such as libraries, cultural facilities, municipal
buildings, etc. along with parking_garages associated
with any development on properties that are not
located within a Historic District or Individually
Designated Sites as listed on the Local Register of
historic Places in Section 4.5.1(I).
(b) SPRAB may provide relief from the additional setback
required above the third story for building entries,
lobbies, and vertical circulation areas configured as
tower elements consistent with the architectural
character of the building;and setback relief for parking
age floors above the third story subject to Sec.
4.4.13(F)(8)(d).
(c) Determination of compliance with the Performance
Standards of the Incentive Program and provide
recommendations of approval or denial to City
Commission of requested increases in density under
the program.
(d) Determination that a site plan design for a full service
grocery store in the West Atlantic Neighborhood sSub-
district has compatible transitions between adjacent
commercial and residential areas.
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Ord.No. 19-18
(e) Determination that desirable connectivity between
properties and/or links identified on any adopted
bicycle and pedestrian master plan are achieved on the
site plan.
(f) Approval of alternative surface parking configurations
for sites located on Primary Streets where parking in
the rear is inappropriate or impossible. The SPRAB
may require special perimeter treatments to protect and
improve the pedestrian experience along the street.
(g) Recommend approval or denial to the City
Commission of proposed architectural styles and/or
any addition of architectural styles for use in the CBD
or modifications to the Delray Beach Central Business
District Architectural Design Guidelines.
Recommendations must include an explanation of
support or denial by the SPRAB as part of the motion
to be transmitted to the City Commission.
(3) Historic Preservation Board. Any development of
properties located within a Historic District or Individually
Designated Sites as listed on the Local Register of Historic
Places in Section 4.5.1(I) is subject to review by the Historic
Preservation Board (HPB), pursuant to Section 2.2.6(D). For
these properties, the Historic Preservation Board has the
approval authority pursuant to Sections 2.4.5(F),2.4.5(H), and
2.4.5(I), plus the additional authority described in subsections
(2)(a)—(f) above.Architectural styles are determined bythose
which are both permitted in the CBD and identified as
appropriate for the historic district based on the Period(s) of
Significance per the adopted Ordinance.
(4) Test Atlantic Redevelopment Coalition (WARC).Projects
located within the West Atlantic Neighborhood Sub-district
shall be reviewed by the WARC for consistency with the
requirements of this Section and the P&ve ,,.,meet ct.,f4ards
recommendations of The Set Transformation Plan prior to
review by the SPRAB or HTB.
(5) Pineapple Grove Design Review Committee. Projects
located within the boundaries of the Pineapple Grove
Neighborhood Plan, as mapped on the Central Core and
Railroad Corridor Sub-districts Regulating Plans (See Section
4.4.13(B)), shall be reviewed by the Pineapple Grove Design
Review Committee for consistency with the requirements of
this Section Pei el,...., eftt ctaadafds and compliance with the
Pineapple Grove Neighborhood Plan prior to consideration by
SPRAB or HPB.
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Ord.No. 19-18
(6) DDA and CRA_ All development applications under their
purview which are processed through the Planning and Zoning
Board, SPRAB, or HTB shall be referred to the Downtown
Development Authority and the Community Redevelopment
Agency in sufficient"time to allow for review and comment
prior to action by the approving body.
(7) Conditional uses. Conditional uses listed on Table 4.4.13(A)
may be considered pursuant to the provisions of Section
2.4.5(E).In addition,the following regulations apply.
(a) Dtim-through facilities.
1. Drive-in or drive-through restaurants are not
permitted the CBD zoning district boundaries.
2. On Primary Streets, drive through facilities
serving banks and other commercial uses shall
have the drive through window(s) and stacking
area located behind buildings. On Secondary
Streets, drive through facilities may be located
to the rear or side of buildings.
(b) Gasoline stations. Gasoline Stations are not
permitted on Primary Streets. In addition to the
standards in 4.3.30, the following configuration is
required.
1. A ground-story shop must be located along a
street, with the gas pumps located to the rear
of the lot as illustrated in Figure 4.4.13-3-36.No
more than eight dispensing locations are
permitted.
2. The shop shall have the primary entrance
facing and directly accessible from the street;
an additional entrance facing the parking lot is
permitted.
3. Gasoline Stations may be one story in height.
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Ord.No. 19-18
Figure 4.4.13-346
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rr"
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Shop � o
k
(c) Car Was establisbments. Car Wwash
establishments, with automatic/mechanical systems
en4, fer , t dhat shall not be
located east of the Intracoastal Waterway or on lots
which front along Primary Streets. Further, this use
must be established on property with a minimum lot
area of 20,000 square feet.
(d) Auto motize repair and detailing.Automobile repair
and automobile detailing may not be located north of
S.E. Pt Street or south of SE 6`h Street.Conditional use
approval may not be granted for a new automobile
repair facility, or for the expansion of an existing
facility, unless it is specifically demonstrated that off-
street parking is available in accordance with the
requirements of Section 4.6.9.
(e) Additional Application Requirements.
Applications for conditional use approval pursuant to
Section 4.4.13(I) must include, in addition to the
standard application items of 2.4.3(A), a site and
development plan (including landscaping, elevations,
and floor plans) of sufficient detail to determ'me that
the applicable performance standards are being met.
Final approval of the detailed site plan is by the Site
Review and ° Beard. SPRAB or HTB.
Gill
(� Modifications. The process for modification of a
conditional use and site plan approved pursuant to
Section 4.4.13(I) is as follows:
1. Modifications to any aspect of the plan that
was a basis for determining compliance with
the applicable performance standards shall be
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Ord.No. 19-18
processed as a modification to the conditional
use approval.
2. Modifications to the plan that do not affect the
application of the performance standards may
be processed as a site plan modification.
(8) Waivers. This e-ede Section allows consideration of two types
of waivers:
(a) Section 2.4.7(B)(1)(a) authorizes the waiver of certain
regulations irrespective of a property's zoning district.
Those waivers may be considered within the CBD in
accordance with those specific provisions. When
reviewing applications that include waivers that can
only be granted by the City Commission,the Site P
Revien a ®p R a SPRAB and the Histeiie
Prt� — i� IAPB shall make formal
recommendations to the City Commission regarding
those waivers-prior to site plan consideration.
(b) Section 2.4.7(B)(1)(b) authorizes the City Commission
to waive certain other regulations that no other official
or board have the authority to waive.
1. Within the CBD, that authority of the City
Commission is limited by the following
restrictions:
a. Building Heigbt Waimrs.Waivers to
increase the number of stories or
maximum height of a building are not
b. Front Setback Waivers. Waivers to
decrease the minimum front setback
depth are net permitted if the
reduction would not result in a
streetscape that does not meet the
minimum requirements of Section
4.4.13(E)(2).
C. Sidewalk Width Waiters. Waivers to
decrease the minimum sidewalk width
are not permitted in the CBD.
2. Within the CBD,the following standards shall
be used by the City Commission, SPRAB or
HTB when considering waiver requests, in
addition to the findings in Section 2.4.7(B)(5):
a. The waiver shall not result in an
inferior pedestrian experience along a
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Ord.No. 19-18
Primary Street, such as exposing
parking garages or large expanses of
blank walls.
b. The waiver shall not allow the creation
of significant incompatibilities with
nearby buildings or uses of land.
C. The waiver shall not erode the
connectivity of the street and sidewalk
network or negatively impact any
adopted bicycle/ pedestrian master
plan.
d. The waiver shall not reduce the quality
of civic open spaces provided under
this code.
Section 12. 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 13. All ordinances or parts of ordinances in conflict herewith be,and the same are
hereby repealed.
Section 14. Specific authority is hereby given to codify this Ordinance.
Section 15. This Ordinance shall become effective immediately upon its adoption on
second and final reading.
PASSED AND ADOPTED second and f* 1 reading on this the
in regular ses�yn o
day of ,. �` „° ,2018.
ATTEST: -S"he
p ° yPetroha, or
Katerri Johnson City Clerk
First Reading e`° ' ,
Second Reading
Aper'"vew, s� o orm alfficiency:
Max Lo , City Attorney
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Ord.No. 19-18