03-83 ORDINANCE NO. 3-83
AN ORDINANCE OF 1HE CITY COUNCIL OF THE CITY OF DELRAY
BEACH, FLORIDA, AMENDING CHAPTER 30 "ZONING" OF THE CODE
OF ORDINANCES OF IHE CITY OF DELRAY BEACH, FLORIDA, BY
ENACTING A NEW SECTION 30~15.2, CREATING A NEW ZONING
DISTRICT TO BE KNOWN AS PCC (PLANNED COMMERCE CENTER)
DISTRICT; AMENDING SECTION 30-2(C) "ESTABLISHMENT OF
ZONING DISTRICTS" TO INCLUDE THE NEW PCC DISTRICT;
PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Planning and Zoning Board at the meeting of
November 23, 1982, unanimously recommended that a new zoning district be
established to be known as Section 30-15.2 PCC (Planned Commerce Center)
District; and,
WHEREAS, the City Council concurs in said recommendation,
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Chapter 30 "Zoning" of the Code of Ordinances
'of the City of Delray 8each, Florida, is hereby amended by enacting a new
Section 90-15.£, "RCC (Planned Commerce Center) District, to read as
follows:
Sec. }0-15.2 PCC PLANNED COMMERCE CENTER DISTRICT
(A) PURPOSE
The PCC District is intended to encourage the development of planned
and unified office, research, business, and light industrial
complexes at suitable locations throughout the City. A Planned
Commerce Center wil~ serve as a major source of employment and will
complement the appearance and welfare of the City through attractive
design, openness, and an aesthetically pleasing environment. 8y the
establishment of flexible design standards, this district wii1
promote innovative planning in addressing a site's characteristics.
At the same time, the City will be assured of an optimum development
by the control it exercises through the Conditional Use and Site and
Development Plan Approval process.
(B) DEFINITION
A Planned Commerce Center shall be defined as follows:
(1) A PCC is land unde~ unified control, planned and constructed as
a whole in a single development, or in an approved programmed
series of development phases for buildings, related uses, and
facilities. All land included for the purpose of development
within the PCC District shall be under the control of the
applicant (an individual, partnership, joint venture, or
corporation; or group of individuals, partnerships, or
corporations). The applicant shall present legal documents
acceptable to the City Attorney to constitute evidence of the
unified control of the entire area within the proposed RCC.
(2) A PCC may include permitted and accessory uses and structures
substantialIy related to the character of the deveiopment
itself and surrounding area.
(3) A PCC shali require conditional use approvaI in accordance with
Sec. 30-21, Conditional Uses. A PCC shali be developed
according to a detailed and comprehensive set of pIans in
accordance with Sec. ~0-2~, Site and Deveiopment Plan Approval.
(~) A PCC shall include a program for full provision, maintenance,
and operation of such areas, improvements, facilities, and
services for common use by the occupants of the planned
commerce center, which ~ill not be provided, operated, or
maintained at public expense. Applicant shall provide
agreements, contracts, covenants, deed restrictions, and/or
sureties acceptable to the City for continuing operation and
maintenance of such areas, functions, and facilities which will
not be provided, operated, or maintained at Public expense.
Applicant shall bind their successors in title to any
commitments made under this section.
PERMITTED USES
'No building or structure, or any part thereof, shalI be erected,
altered, or used, or land or ~ater used, i~n ~hole or in part, for
other than one or more of the uses below, subject to Sec. 30-21,
Conditional Use Approval:
8'usiness, Governmental, and Rrofessional Offices
(2) Research and laboratory uses, including experimental and
testing operations
8anks and other financial institutions
Light industrial and manufacturing uses, i~cluding assemblage
and fabrication, except as restricted in paragraph (D) belo~
(5) Warehousing and storage, ~hen accessory and subsidiary to the
primary industrial use
(6) Up to ten (10%) percent of the total floor area of the PCC
zoned parcel may be used for one or more of the following
commercial uses:
Barbershop
8ookstores
Business machines, including service
Exercise Facilities
Florists
Gift Shops
Hobby Shops
Ice Cream Parlo~s
Newsstands
Pharmacy
Photographic Equipment and Supplies
Restaurants
Specialty Food Shops
Sporting Goods
Office supplies, excluding furniture sales
Tailoring
Tobacconist
(?) Lunch counters, cafeterias, and restaurants may be allowed for
occupants and employees fo.r uses permitted under (1) through
(6) above
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~D) USES PROHIBITED
Except ae specifically permitted in Sec. 30-15.2(C), the following
uses are expressly prohibited as either principal or accessory uses:
(1) All uses which result in noxious odors, fumes, dust, dirt,
noise, smoke, or vibrations, or which result in the generation
of any hazards presenting a threat to public health, safety, or
general welfare
(2) Acid manufacture
(3) Automobile paint, body, and repair shops
(4) Broadcasting studios
(5) Carpet cleaning facilities
(6) Equipment and tool rental
(7) Exterminator service
(8) Garages, parking and storage
(9) Gasoline stations and automotive repair garages
(lC) Gravel and rock pits and/or quarries
(ll) Junk yards or automobile graveyards
(12) Manufacture of asphalt, brick,'ceramic, tile, cement, lime,
plaster, concrete, or products thereof
(13) Manufacture or storage of explosives
(1~) Meat cutting.and'wholesale storage
(15) Moving and storage
(16) Packing plants, canning plants, or slaughter yards
(17) Pulp or paper mills
(18) Rendering plants or glue works
(19) Rental and sale of modular buildings
(20) Retail sales or commercial uses not specifically permitted in
Sec. 30-15.2(C)
(21) Stockyards
(22) Storage yards for construction vehicles, equipment and
materials
Swimming pool contractors
(24) Warehouses and storage facilities when not accessory and
subsidiary to the primary industrial use
(25) Wholesale distribution facilities or uses
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(26) There shall be no open, outside storage of materials, supplies,
products, equipment, or machinery. Storage of these and other
materials is permitted onIy when in a completeiy enclosed
building, and when accessory and subsidiary to the primary
industrial use
E) SITE AREA AND LOT DIMENSIONS
The minimum size parcel for development of land zoned PCC shall be
ten (10) acres. The minimum iot size within a PCC District shaI1
not be less than two (2) acres. It is the intent of this section
that a parcel zoned RCC be under unified controi and be not iess
than ten (10) acres in size, that said parceI be pianned and
constructed as a whole, or that it be pianned as a whole and
constructed in approved phases, each phase consisting of not iess
than one (1) iot, and each lot consisting of not less than two (2)
acres, Approval for development of a parcel in phases will be
obtained at the time that the Site and Development Plan is approved;
applicant shall specify in the application the order of development
and provide an estimated time frame for the completion of each
phase.
F) BUILDING SETBACKS
(1) Peripheral Greenbelt - The project area shall be enclosed on
all sides by a landscaped buffer, coterminous with the
perimeter boundary, having a minimum width of twenty-five (25)
feet. When such property directly abuts a residential zoning
district, such greenbelt shall have a minimum width of forty
(40) feet; except, 'however, when a PCC District is separated
from a residential zoning district by a street, alley,
railroad, waterway, park, or other open space not intended for
residential development, the peripheral greenbelt shall have a
minimum .width of twenty-five (25) feet. No building, parking,
perimeter roadways, or other paving shall be permitted in the
peripheral greenbelt except for approved access streets,
bicycle paths, sidewalks, and jogging trails. Such access
streets and sidewalks shall be only those, needed to provide
entry to external traffic and shali be generaily perpendicular
to said greenbelt.
(Z) Minimum building setbacks from interior roads and Iot iines
shall be as follows:
Front 60 feet
Side 25 feet
Rear 25 feet
Parking, access streets, and sidewalks may be located within
these interior setbacks.
(3) In those cases where the lot line of an individual lot is
partially coterminous with a portion of the PCC perimeter
boundary line, the building setback shall be measured from the
perimeter boundary line; however, in these cases the integrity
of the peripheral landscape buffer shall be maintained and
parking, access streets, and sidewalks shall not be permitted,
except as approved under Sec. 30-15.2(F)(1).
Where suitable, the Planning and Zoning 8oard may approve the
reduction of one of the side setbacks, provided the alternate
side setback is increased proportionately.
(G) GROUND FLOOR BUILDING AREA
The total ground floor building area of all buildings and structures
shall not exceed fifty (50:) perfeqt of' the total area of an
individual lot.
(H) TOTAL FLOOR AREA
No requirements.
(I) BUILDING HEIGHT
No building or structure shall be constructed which .exceeds four (~)
floors, nor to a height exceeding forty-f'ive (~5) feet. Provided,
however, that where it is demonstrated that the nature of the use
requires greater than normal space between floors, the building or
structure may be constructed to four floors and sixty (60) feet,
when approved as a conditional use (see Sec. ~0-21).
(3) PARKING AND LOADING
See Sec. ~0-18 and Sec. 90-19.
(K) DISTRICT BOUNDARY LINES
The requirements of Sec. 30-15.2(F) supersede t~e district boundary
regulations of Sec. 30-17(J) for the PCC District.
(L) LANDSCAPING AND OPEN SPACE .
(1) Twenty-five (25~) percent of the total site area shall be in
non-vehicular open space and shall be landscaped pursuant to
the requirements and procedures of Chapter ~, Article X of the
Code of Ordinances. A detailed landscaping plan shall be
prepared showing location, type, and size of all plantings, and
shall be submitted for review and approval by the Community
Appearance 8oard.
(2) All pervious land areas within the peripheral setback may be
used in calculating the required open space. However, the
impervious areas contained in public and private streets and
parking shall not be considered as open space. Within the
peripheral greenbelt, one tree, no less than eight (8) feet in
height, shall be provided for every 1,O00 square feet of
landscaped area.
(3) All privately owned common open space shall conform to its
intended use and remain as expressed in the master site plan
through the inclusion in all deeds of appropriate covenants.
Said deed restrictions shall run with the land and be for the
benefit of present as well as future property owners.
SIGNS
The requirements of Chapter ~, Article VII1, See. 9-211(E) "SAD
(Special Activities District)" shall regulate the provision of signs
in the PCC District. However, individual lots may be allowed one
free-standing identification sign, providing such sign does not
exceed ten (10) feet in height and has no more than thirty-two (32)
square feet per sign face.
(N) SPECIAL REGULATIONS
(1) Commercial activity shall not be permitted on any lot or within
any portion of a planned commerce center until certificates of
occupancy have been issued for no less than fifteen (15%)
percent of the square footage approved for other permitted uses
for the entire planned commerce center. For the purposes of
this section, commercial activity shall be construed to be
those uses listed at Sec. 30-15.2(C)(6).
~2) Underground Utilities. Within the planned commerce center, all
utilities including telephone, television cable, and-electrical
systems shall be installed underground. Primary facilities
providing service to the site may be exempted from this
, requirement by the Planning and Zoning Board.
Appurtenances to these systems which require aboveground
installation shall be effectively screened, and may also be
exempted from this requirement by the Planning and Zoning
Board.
Hinimum distance between buildings. The minimum distance
between buildings shall be twenty-five (25) feet.
When an existing commercial zoning district is proposed to be
rezoned to a Planned Commerce Center, the minimum size parcel
may be reduced to four (~) acres. Building setbacks and height
restrictions shall be those stated for the commercial district
proposed for rezoning. However, no structure, parking area,
access street, or sidewalk is to be located in the peripheral
greenbelt except in accordance with Sec. 30-15.2(F)(1). The
peripheral greenbelt may be reduced, to not less than ten (lC)
feet when it is demonstrated that adjacent properties will not
be adversely impacted.
(5) It is the intent of this section to establish minimum standards
of development that may be approved within the PCC District.
In recommending approval of the Conditional Use and Site and
Development Plan for a particular planned commerce center, the
Planning and Zoning Board may recommend, and the City Council
may attach, suitable conditions, safeguards, and stipulations
to address the specific characteristics of the site. After
approval has been received from City Council, all subsequent
submissions for permits shall conform in every respect with the
approved plans.
(a) Requests for modifications to all or any portion of the
master site development plan shall be submitted to the
Planning Director for consideration by the Planning and
Zoning 8card in accordance with the procedures set forth
at Sec. ~0-22(F) "Modification of Approved Site and
Development Plan." Modification to individual lots, or
any portion of the site plan, shall be considered and
approved only in the context of the master site
development plan. Requests for modifications shall be
submitted by the applicant, successor, or other party
authorized to act for the project as a whole.
(b) The Planning Director may approve modifications involving
minor adjustments to the master site plan when such
alterations are required to meet the needs of specific
tenants or other site specific characteristics; providing,
however, that such modifications are in substantial
conformance with the intent of the Planning and Zoning
Board and do not involve changes to the master site plan
exceeding ten (10%) percent.
Rrd_ Nn_ ~-R3
(7) After receiving site plan approval, the Planned Commerce Center
shall be required to plat in accordance with Chapter 2b
"Subdivisions" of the Code of Ordinances of the City of Delray
Beach, Florida.
Section 2. That Section ~O-Z(C) "Establishment of Zoning
Districts" of the Code of Ordinances of the City of Del~ay 8each,
Florida; is hereby amended by adding the following:
(C) ESTABLISHMENT OF ZONING DISTRICTS
L
PCC Pianned Commerce Center District
Section 3. 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 ~. That this ordinance shall become effective ten days
after passage on second and final reading.
PASSED AND ADOPTED in regular session on second and final
reading on this the 8th day of Ma=cb , 1983.
ATTEST:
First Reading Februarlz 22r 1.98..3
Second ReadingM~ch 8, 19,83.. .
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