51-97 FAILED ON 1ST READING - 11/18/97
ORDINANCE NO. 51-97
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING SECTION
4.3.4(J) (1), "HEIGHT", OF THE LAND DEVELOPMENT
REGULATIONS OF THE CITY OF DELRAY BEACH, TO PROVIDE
FOR HOW HEIGHT SHALL BE DEFINED FOR ALL SINGLE
FAMILY DETACHED HOMES WEST OF A1A; AMENDING SECTION
4.3.4(J) (3), "EXCEPTIONS TO DISTRICT HEIGHT
LIMITATIONS", TO PROVIDE HEIGHT LIMITS FOR BUILDING
APPURTENANCES ON ALL SINGLE FAMILY AND DUPLEX
STRUCTURES THROUGHOUT THE CITY OF DELRAY BEACH;
AMENDING APPENDIX "A", "DEFINITIONS", BY MODIFYING
THE DEFINITION OF BUILDING HEIGHT TO COMPORT WITH
SECTION 4.3.4(J) (1); PROVIDING A GENERAL REPEALER
CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE.
WHEREAS, pursuant to LDR Section 1.1.6, the Planning and
Zoning Board reviewed the proposed text amendments at a public
hearing on September 15, 1997, and forwarded the changes with a
recommendation of approval; and
WHEREAS, pursuant to Florida Statute 163.3174(4) (c), the
Planning and Zoning Board, sitting as the Local Planning Agency, has
determined that the changes are not inconsistent with the
Comprehensive Plan.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Chapter Four, "Zoning Regulations",
Article 4.3, "District Regulations, General Provisions", Section
4.3.4, "Base District Development Standards", Subsection 4.3.4(J) (1),
"Height", of the Land Development Regulations of the City of Delray
Beach, Florida, be, and the same is hereby amended to read as
follows:
(J) Height:
(1) Defined: For all sinqle family detached homes west of
A-i-A, heiqht shall be defined as the vertical distance from qrade to
the hiqhest finished roof surface of a flat roof or the hiqhest point.
of the roof of a qable, hip, or qambrel roof. For all other
structures, heiqht is defined as tThe vertical distance from grade to
the highest finished roof surface of a flat roof or to the mean level
between eaves and ridge for gable, hip, or gambrel roofs. The height
set forth in the matrix is the maximum height for all structures
within the respective zone district except as provided for in
Subsection 4.3.4(J) (3)&(4).
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Section 2. That Chapter Four, "Zoning Regulations",
Article 4.3, "District Regulations, General Provisions ", Section
4.3.4, "Base District Development Standards", Subsection 4.3.4(J)(3),
"Exceptions to District Height Limitations", of the Land Development
Regulations of the City of Delray Beach, Florida, be, and the same is
hereby amended to read as follows:
(3) Exceptions to District Height Limitations:
(a) Free-Standing Features: The height limitations
contained in Subsection (K), Development Standards Matrix, shall not
apply to free-standing antennas, chimneys, conveyors, cooling towers,
flag poles, radio towers, silos, or television towers. However, any
part of any such structure, or feature, shall not extend above the
height of sixty-four feet (64') unless specifically approved by
action of the City Commission.
(b) Appurtenances on Buildings: Chimneys, cupolas or
other appurtenances on sinqle family and duplex structures are
limited to a maximum of five feet (5') above the hiqhest part of the
proposed structure or the minimum required by the Standard Buildinq
Code, whichever is qreater. On all other structures, a~ppurtenances
usually required to be placed above the roof level of a building and
not intended for human occupancy may be allowed to extend above the
height limitations contained in Subsection (K) , but only when
specifically approved by action of the Site Plan Review and
Appearance Board.
Section 3. That Appendix "A", "Definitions", of the Land
Development Regulations of the City of Delray Beach, Florida, be, and
the same is hereby amended to read as set forth at Exhibit "A"
attached hereto and made a part hereof.
Section 4. That all ordinances or parts of ordinances in
conflict herewith be, and the same are hereby repealed.
Section 5. That should any section or provision of this
ordinance or any portion thereof, any paragraph, sentence, or word be
declared by a court of competent jurisdiction to be invalid, such
decision shall not affect the validity of the remainder hereof as a
whole or part thereof other than the part declared to be invalid.
Section 6. That this ordinance shall become effective
immediately upon its passage on second and final reading.
- 2 Ord. No. 51-97
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PASSED AND ADOPTED in regular session on second and final
reading on this the day of , 1997.
M A Y 0 R
ATTEST:
City Clerk
First Reading
Second Reading
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FAILED ON 1ST READING - 11/18/97
Exhibit "A" to Ordinance No. 51-97
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ~
SUBJECT: AGENDA ITEM #/~ - REGULAR MEETING OF NOVEMBER 18, 1997
o~DI~0~, No. ~-~ /~DR ~,~,NTS TO ~I~T
REGU~TIONS RE~TED TO THE ~RGE HOME COMPATIBILITY
ISSUE)
DATE: NOVEMBER 14, 1997
During the discussions on the large home compatibility issue, the
City Commission reached a consensus with respect to how height is
to be defined and regulated. Ordinance No. 51-97 enacts these
changes and is before the Commission for first reading. An
analysis is provided in the attached staff report.
Recommend approval of Ordinance No. 51-97 on first reading. If
passed, a public hearing will be scheduled for December 2, 1997.
ref:agmemoll
FROM: AUL DORLING,~___~INCiPAL PLANNER
SUBJECT: MEETING OF NOVEMBER 18, 1997
LDR AMENDMENTS TO SECTIONS 4.3.4(J)(1) HEIGHT, AND
"APPENDIX A" DEFINITION SECTION OF THE LDR'S RELATING TO
THE LARGE HOME TASK TEAM RECOMMENDATIONS
The action before the Commission is approval of LDR changes relating to the large
home compatibility issue as discussed by the Large Home Task Team. The proposed
amendments include LDR Sections 4.3.4(J)(1)&(3) "Height", and Appendix A,
"Definitions".
At the public hearing on November 4, 1997 the City Commission denied Ordinance No.
44-97 on second reading and requested that the it
November 11, 1997 meeting. Durin :_ .em be workshopped at their
g workshop d~scussJons the City Commission was
unable to come to a consensus on certain elements of the proposed LDR changes
involving setbacks and the implementation of FAR's to single family zone districts. The
City Commission was able to reach a consensus on the proposed changes in definition
to height and these changes are now before the City Commission for action.
The proposed changes will result in the height being measured as the vertical distance
from grade to the highest finished roof surface of a fiat roof or the highest point of the
roof of a gable, hip or gambrel roof. The current definition measures the roof height to
the mean of a gable, hip and gambrel roof. The new regulations also include a height
limit for chimneys, cupolas, or other building apPurtenances on single family and duplex
structures to a maximum of 5' above the highest part of the proposed structure or the
minimum required by the Standard Building Code, which ever is greater. Height of
appurtenances on all other buildings are currently addressed under LDR Section 4.3.4.
(J)(3). The change in the definition of height will apply to all single family homes west
of A-1-A while the height limits to building appurtenances will apply to all single familly
and duplex structures City wide.
City Commission Documentation
LDR Amendments Relating to the Large Home Task Team's Recommendations
Page 2
The Planning and Zoning Board considered the proposed changes to the height
regulations as a part of the Large Home Task Team recommendation at their meeting
of September 15, 1997. The Board supported this aspect of the change and
recommended that the Large Home Task Team recommendations be adopted by City
Commission.
1. Continue with direction.
2. Approve Ordinance No. 51-97 which modifies LDR Section 4.3.4 (J)(1)&(3) and
Appendix A involving the definition of height (35' to the highest point of the roof).
3. Deny Ordinance No. 51-97 with reasons stated.
Attachments:
Changes to Section 4.3.4(J)(1)"Height"
Definition for Building Height
(J) Height:
(1) Defined: For all single family detached homes west of A-1-A height shall be
defined as the vertical distance from grade to the highest finished roof surface of a fiat roof or the
highest point of the roof of a gable, hip. or gambrel roof. For all other structures, height is
defined as the vertical distance from grade to the highest finished roof surface of a fiat roof or to
the mean level between eaves and ridge for gable, hip, or gambrel roofs. The height set forth in
the matrix is the maximum height for all structures within the respective zone district except as
provided for in Subsection 4.3.4(J)(3)&(4).
(2) Basis for Measurement:
(a) For buildings adjoining one street, the grade is established from the
mean elevation of the crown of the street along the lot frontage.
(b) For buildings adjoining more than one street, the grade is established
as the average of the mean elevation of the crown of the adjoining
streets.
(c) When applied to single family detached dwelling units, less than three
stories, within residentially zoned districts, the grade is established as
the mean elevation of the finished surface of the ground adjacent to
the exterior walls of the building. Under no circumstance shall the
grade be higher in elevation than the highest point of the unaltered
dune orthe crown of the street. [Amd. Ord. 43-91 6/11191]
(3) Exceptions to District Height Limitations:
(a) Free-Standing Features: The height limitations contained in
Subsection (K), Development Standards Matrix, shall not apply to
free-standing antennas, chimneys, conveyors, cooling towers, flag
poles, radio towers, silos, or television towers. However, any part of
any such structure, or feature, shall not extend above the height of
sixty-four feet (64') unless specifically approved by action of the City
Commission.
(b) Appurtenances on Buildings: Chimneys, cupolas or other
appurtenances on single family and duplex structures are limited to a
maximum of 5' above the highest part of the proposed structure or the
minimum required by the Standard Building Code, which ever i.~
greater. On all other structures, A-appurtenances usually required to
be placed above the roof level of a building and not intended for
human occupancy may be allowed to extend above the height
limitations contained in Subsection (K) but only when specifically
approved by action of the Site Plan Review and Appearance Board.