Ord 68-06
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DENIED
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ORDINANCE NO. 68-06
AN ORDINANCE OF THE CIlY COMMISSION OF THE CITY OF
DELRAY ~EACH, FLORIDA, AMENDING THE LAND
DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY
BEACH BY AMENDING SECTIONS 1.4.3, "ENFORCEMENT" AND
1.4.4, "PENALTY", PROVIDING THAT NEGLECT SHALL
CONSTITUTE A NUISANCE AND PROVIDING FOR
ENFORCEMENT AND PENALTIES; AMENDING SECTION 2.2.6,
"THE HISTORIC PRESERVATION BOARD", SUBSECTION (C),
"MEETING AND QUORUM", PROVIDING FOR VOTING;
AMENDING SECTION 2.4.6, "PROCEDURES FOR OBTAINING
PERMITS", SUBSECTION (H), "CERTIFICATE OF
APPROPRIATENESS FOR HISTORIC SITES, STRUCTURES, AND IN
HISTORIC DISTRICTS", BY PROVIDING DOCUMENTATION FOR
DEMOLITIONS; AMENDING SECTION 3.2.4, "STANDARDS FOR
SPECIFIC AREAS OR PURPOSES", SUBSECTION 3.2.4(E) ,
"HISTORIC DISTRICTS AND SITES", PROVIDING FOR AND
INCORPORATING THE DELRA Y BEACH HISTORIC
PRESERVATION DESIGN GUIDELINES AND THE SECRETARY
OF THE INTERIOR STANDARDS FOR REHABILITATION;
AMENDING SECTION 4.1.4, "USE OF LOTS OF RECORD",
SUBSECTION 4.1.4(E), TO PROVIDE FOR VARIANCES;
AMENDING SECTION 4.3.3, "SPECIAL REQUIREMENTS FOR
SPECIFIC USES", SUBSECTION (Q), "GUEST COTTAGE" TO
PROVIDE THAT HEIGHT SHALL NOT EXCEED THAT OF MAIN
STRUCTURE IN HISTORIC DISTRICTS; AMENDING SECTION
4.4.17, "RESIDENTIAL OFFICE (RO) DISTRICT", SUBSECTIONS
4.4. 17 (A), "PURPOSE AND INTENT", AND 4.4. 17 (G),
"SUPPLEMENTAL DISTRICT REGULATIONS", PROVIDING FOR
CONVERSION OF RESIDENTIAL STRUCTURES INTO OFFICE USE
IN HISTORIC DISTRICTS; AMENDING SECTION 4.4.24, "OLD
SCHOOL SQUARE HISTORIC ARTS DISTRICT (OSSHAD)",
SUBSECTIONS 4.4.24(D), "CONDITIONAL USES" AND 4.4.24(H),
"SPECIAL DISTRICT REGULATIONS", PROVIDING PUBLIC
PARKING LOTS NOT ASSOCIATED WITH A USE ARE ALLOWED
AS CONDITIONAL USES AND CLARIFYING SPECIAL DISTRICT
REGULATIONS; AMENDING SECTION 4.5.1, "HISTORIC
PRESERVATION SITES AND DISTRICTS", SUBSECTION 4.5.1 (B),
"CRITERIA FOR DESIGNATION OF HISTORIC SITES OR
DISTRICTS", 4.5.1 (E), "DEVELOPMENT STANDARDS", 4.5.1 (F),
"RESTRICTIONS ON DEMOLITIONS", 4.5.1(1), "HISTORIC
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DENIED
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PRESERVATION BOARD TO ACT ON SITE PLANS, LANDSCAPE
PLANS AND ARCHITECTURAL ELEVATIONS", AND 4.5.1 (L),
"DESIGNATIONOF HISTORIC DISTRICTS", BY PROVIDING
CLARIFICATION REGARDING FENCES AND PARKING IN
HISTORIC DISTRICTS, COMPATIBILITY STANDARDS,
ADDITIONAL REQUIREMENTS FOR DEMOLITION
APPLICATIONS AND NAMES OF HISTORIC DISTRICTS; AND
AMENDING APPENDIX "A", "DEFINITIONS", TO PROVIDE A
NEW DEFINITION FOR "HARDSCAPE" AND AMENDING THE
DEFINITIONS FOR "CONTRIBUTING" AND "NON-
CONTRIBUTING" STRUCTURES; PROVIDING A SAVINGS
CLAUSE, A GENERAL REPEALER CLAUSE AND AN EFFECTIVE
DATE.
WHEREAS, the City Commission of the City of Delray Beach has the authority to protect the health,
safety and welfare of its citizens; and
WHEREAS, the City Commission of the City of Delray Beach has the authority to make regulations
pertaining to land use and development within the City of Delray Beach; and
WHEREAS, the City Commission of the City of Delray Beach believes that protecting and preserving
historic properties/districts furthers its goals of promoting health, safety and welfare by preserving the history
of the City for the welfare of future generations; and
WHEREAS, the City Commission of the City of Delray Beach desires to preserve the property values
of all land owners in historic districts and/ or individually designated historic properties; and
WHEREAS, the City Commission of the City of Delray Beach desires to clarify the language in its Land
Development Regulations pertaining to historic properties/districts in order to provide guidance for those
citizens that live or own property in historic properties/districts.
NOW, THEREFORE, BE IT ORDAINED BY THE CIlY COMMISSION OF THE CITY OF
DELRA Y BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Section 1.4.3, "Enforcement", of the Land Development Regulations of the Code of
Ordinances of the City of Delray Beach, Florida, is hereby amended to read as follows:
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ORD. NO. 68-06
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DENIED
Section 1.4.3 Enforcement:
(A) Code Enforcement Board/Hearing Officer and County Court: When The City
Code Enforcement Board/Hearing Officer and County Court in Palm Beach County shall have
concurrent jurisdiction to hear and decide cases seeking compliance with these regulations or an order
to correct a violation and when a hearing is sought with respect to an alleged violation, the matter shall
be decided by the Code Enforcement Board/Hearing Officer pursuant to Chapter 37 of the City Code.
au A Certificate of Occupancy shall not be issued for any building, or structure, or portions
thereof, that fails to meet all applicable requirements of these Land Development Regulations. The use
of a building without proper issuance of a Certificate of Occupancy is a violation of Code and shall be
grounds for issuance of a stop work order or cease and desist order by the Chief Building Official, and
other remedies set forth herein.
.(C) Nothing herein shall prevent the City of Delray Beach from taking such other lawful
action deemed necessary to prevent or remedy any violation.
(0) The neglect of individually designated historic structures and/or structures located
within historic districts shall constitute a "nuisance" violation of the City's Code of Ordinances
pursuant to Section 100.10.
Section 2. That Section 1.4.4, "Penalty", of the Land Development Regulations of the Code of
Ordinances of the City of Delray Beach, Florida, is hereby amended to read as follows:
Section 1.4.4 Penalty:
(A) Violation of the provisions of these Regulations, or failure to comply with any of its
requirements, including violations of conditions and safeguards established in connection with grants of
variances or conditional uses shall constitute a punishable violation. Any person who violates these
Regulations, or fails to comply with any of its requirements, may be issued a civil citation
pursuant to Section 37.45 of the City Code or a notice of violation pursuant to Chapter 37 of
the City's Code of Ordinances. and shall upon conviction thereof, be fined not more than $500 or
imprisoned for not more than 60 days, or both, and shall pay all costs and expenses involved in the
case. Each day such violation continues shall be considered a separate offense.
(B) The owner or tenant of any building, structure, premise, or part thereof, and any
architect, agent, builder, contractor, or other person who knowingly commits, participates in, assists in,
or maintains such violation, may each be found guilty of a separate offense, and suffer the penalties
provided herein.
(C) In addition to any and all other penalties, any person who carries out or causes to be
carried out any work in violation of Section 4.5.1 shall be required to restore the subject
improvement, building, site, structure, appurtenance, or landscape feature, either to its
appearance prior to the violation or in accordance with its certificate of appropriateness required by the
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ORD. NO. 68-06
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DENIED
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Historic Preservation Board.
(0) Structures that are individually designated as historic or are located in historic districts
shall be maintained in a secure and attractive manner. Neglect of historic structures/structures in a
historic district shall constitute a "nuisance" violation pursuant to Section 100.10 of the City's Code of
Ordinances and shall result in maximum penalties.
(91.(E). Nothing herein shall prevent the City of Delray Beach from taking such other lawful
action deemed necessary to prevent or remedy any violation.
Section 3. That Section 2.2.6, "The Historic Preservation Board", Subsection 2.2.6(C), "Meetings
and Quorum", of the Land Development Regulations of the Code of Ordinances of the City of Delray Beach,
Florida, is hereby amended to read as follows:
(C) Meetings and Quorum:
(1) The Historic Preservation Board shall hold at least one regularly scheduled
business meeting each month and it shall be held in the evening hours.
(2) Four members of the Board shall constitute a quorum.
(3) N6 An application for a Certificate of Appropriateness shall be defl::ied exeept by
the -.-ote of four votffig members approved by a majority of the members present and voting.
Section 4. That Section 2.4.6, "Procedures for Obtaining Permits", Subsection (H), "Certificate of
Appropriateness for Historic Sites, Structures and in Historic Districts", of the Land Development Regulations
of the Code of Ordinances of the City of Delray Beach, Florida is hereby amended to read as follows:
Section 2.4.6 Procedures for Obtaining Permits:
(H) Certificate of Appropriateness for Individually Designated Historic Structures,
Properties Sites and all Properties Located within ift Historic Districts:
(1) Rule: A Certificate of Appropriateness shall be required for the following
activities which occur on a designated historic site, designated historic interiors, or within
designated historic districts:
(a) Aay site plan development llpplicatiofl which is processed 1:lfl.der these
regulatiofls for which action is required bJ the Plllfifiiag and Zoning Board.
Ww Any development application which is processed under these regulations
for which action is required by the Site Plan Review and Appearance Board or the
Board of Adjustment; and in such case, the Historic Preservation Board shall act in-lieu
of such Board.
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ORD. NO. 68-06
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DENIED
WDll Any building, structure, appurtenance, improvement, or
landscape feature, which will be erected, altered, restored, renovated, excavated,
relocated, or demolished and which regards any exterior architectural features (and
interior architectural features in the case of designated historic interiors), landscape
features, or site improvements, except for those items specifically exempted by a list
promulgated by the Director.
{dJW A Certificate of Appropriateness shall also be required for any material
change in existing walls, fences, roofs. windows. doors. sidewalks, hardscape features.
and changes of color.
A Certificate of Appropriateness is not required for general, occasional maintenance
of any historic building, interior, structure, or site, or any building or structure within a historic district.
General, occasional maintenance shall include, but not be limited to lawn and landscaping care and
minor repairs that restore or maintain the historic site or current character of the building or structure.
General, occasional maintenance shall not include any of the activities described and defined in
divisions (1) (a) through (1) (d) of this Section. A Certificate of Appropriateness will not be
required for any interior alteration (except for designated historic interiors), construction,
reconstruction, restoration, renovation, or demolition. General, occasional maintenance and repair shall
also include any ordinary maintenance which does not require a building permit from the City.
(2) Required Information:
(a) Referred Developmeftt Applieations: When ltfl item is before the
Board through referfal from ltflothcr approval or revicw bodJ, the submission material
provided with the application supplemcnted ,"vith lldditioaal iflfortnation rcquired by thc
Bolt1'd shall be pro-.-.idcd. l'.. Seplt1'lltc application i3 not rcquited.
~w Stftftd Alone Application: When an item goes before the Historic
Preservation Board or is reviewed administratively and it is not associated with any land
development application, the following information in the form of photographs or plans
shall be provided. as applicable:
tat .1. Site plan and/ or survey;
W 2. Building elevations, and/ or architectural drawings, and/or
artistic sketches or renderings;
(e) 3. Landscaping plan;
{dJ 4. Floor plan(s);
(e) 5. Samples of building materials and color chips;
ffl- 6. Engineering reports, llS applicable;
tgJ 7. Other material as may be reqtlcsted by the Histone Preservation
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ORD. NO. 68-06
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DENIED
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BOllrd. Demolition Plans:
8. Window and door schedule providing specifications to include
but not be limited to window type. material configuration. dimensions. and
profile drawings:
9. Photographs of all existing elevations of the subject property.
labeled with cardinal direction and address:
10. Other material as may be requested by the Planning and Zoning
Department or Historic Preservation Board.
11. Infill Compatibility Survey Area Form.
Also, a standard COA application form, accompanied by payment of a
processing fee per 2.4.3(K) must be provided.
(b) Class I-Class V Site Plan Applications: Applications for Class 1-
Class V Site Plans shall be submitted in accordance with Section 2.4.3 in conjunction
with additional information as required for a COA provided in (a). above.
(3) Procedure:
(ll) Referred Dev-elopmeftt }"A.pplieations: The Ceroocllt:e of
l'~ ppropnateness process shall be incorporated \\-tth the normal processl:ftg of a
dc.-dopment application. Upon reecipt of a wmplete applieation, the Planniag and
Zoning Dcpartment shall notify thc Histone Preservatiofl Board of required CO.A.
actions. The application shall be pllleed before the Board at its next ava1l11blc meetffig.
An aetion on the CO.l'... must precede fInal aetion on the developmcnt applieation.
Ww StaBd Alone Applications that go before the Historic Preservation
Board: An application for a COA which does not require re-.-iew or lletiofl by another
Beard that requires Board approval as provided in the matrix set forth in the Delray
Beach Historic Preservation Design Guidelines shall be scheduled for review and action
at the next available meeting of the Historic Preservation Board, at which time an action
of approval, deaial, or approval of a modified application. continuance with direction. or
denial may be taken. The Historic Preservation Board shall apply applicable ordinances.
i Historic Preservation Guidelines and Secretary of Interior Standards for Rehabilitation.
(Q) Administratively-Reviewed Applications: An application for a COA
which does not require approval by the Historic Preservation Board as provided in the
matrix in the Historic Preservation Design Guidelines may be approved administratively
in accordance with applicable ordinances. Historic Preservation Design Guidelines. and
Secretary of the Interior Standards for Rehabilitation.
(4) Conditions: Conditions may be imposed pursuant to 2.4.4(C) and to insure
compliance with the Standards contained in 4.5.1.
6 ORD. NO. 68-06
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DENIED
(5) Findings: The Board must mllke Prior to approval. a finding must be made that
any Certificate of Appropriateness which is to be approved is consistent with Historic
Preservation purposes pursuant to Objective A-4 of the Land Use Element of the
Comprehensive Plan and specifically with provisions of Section 4.5.1.. the Delray Beach
Historic Preservation Design Guidelines. and the Secretat;y of the Interior Standards for
Rehabilitation.
Section 5. That Section 3.2.4, "Standards for Specific Areas or Purposes", Subsection 3.2.4(E),
"Historic Districts and Sites", of the Land Development Regulations of the Code of Ordinances of the City of
Delray Beach, Florida, is hereby amended to read as follows:
Section 3.2.4 Standards for Specific Areas or Purposes:
(E) Historic Districts and Sites: That the proposed development is consistent with the
purpose and provisions of the Historic Preservation Overlay District pursuant to LDR Section 4.5.1.
and the Delray Beach Historic Preservation Design Guidelines and the Secretary of the Interior
Standards for Rehabilitation.
Section 6. That Section 4.1.4, "Use of Lots of Record", Subsection 4.1.4(E), of the Land
Development Regulations of the Code of Ordinances of the City of Delray Beach, Florida, is hereby amended to
read as follows:
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ORD. NO. 68-06
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DENIED
Section 4.1.4 Use of Lots of Record:
Any lot, or parcel, which qualifies as a lot of record as set forth in these Regulations, but which does not
comply with respect to minimum lot area and minimum lot dimensions specified for the zoning district
in which it is located, may nevertheless be used (for purposes as allowed in that zoning district), as long
as it complies with all other requirements of that zoning district, subject to the following limitations:
(E) A variance for lot size. dimension and setbacks may be granted for the relocation of an
historic structure onto a lot regardless of the zoning district in order to protect the structure and assist
with protection of historic structures. If the relocation lot is not designated historic. then historic
designation shall be required in accordance with Section 4.5.1 (C) and shall be reviewed concurrently
therewith in order for a variance to be granted. All variance requests for relocation of historic structures
must be submitted to the Historic Preservation Board in accordance with Sections 4.5.1 (0) and Q) for
consideration.
Section 7. That Section 4.3.3, "Special Requirements for Specific Uses", Subsection (Q), "Guest
Cottage", of the Land Development Regulations of the Code of Ordinances of the City of Delray Beach,
Florida, is hereby amended to read as follows:
Section 4.3.3 Special Requirements for Specific Uses:
(Q) Guest Cottage:
(1) Can only be used by members of the family occupying the principal dwelling,
their nonpaying guests, or persons employed for service on the premises.
(2) The structure shall not occupy more than 1/20th of the lot area and in no case
shall exceed a floor area of 700 square feet.
(3) The structure shall be located to observe the setback requirements as imposed
for the principal structure.
(4) When located on individually designated historic properties or within designated
historic districts. the structure shall not exceed the height of the principal structure.
Section 8. That Section 4.4.17, "Residential Office (RO) District", Subsections 4.4.17(A), "Purpose
and Intent" and 4.4.17(G), "Supplemental District Regulations", of the Land Development Regulations of the
Code of Ordinances of the City of Delray Beach, Florida, are hereby amended to read as follows:
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ORD. NO. 68-06
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DENIED
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Section 4.4.17 Residential Office (RO) District:
(A) Purpose and Intent: The Residential Office (RO) District provides for mixed use of a
neighborhood office and residential nature. The RO District is appropriate as:
(1) A transitional land use between a commercial or industrial area and a residential
area.
(2) An incentive zoning in older residential areas which are ill the need of
redevelopment or revitalization or are in a state of transition.
(3) To accommodate professional offices which will meet needs of nearby
neighborhoods.
(4) An incentive land use for historic districts and/or individually designated
historic properties to provide for the rehabilitation of residential structures into office use.
(G) Supplemental District Regulations: The supplemental district regulations as set forth
in Article 4.6 shall apply except as modified and added pursuant to the following:
(1) All uses shall be in completely enclosed buildings and any outdoor storage is
expressly prohibited.
(2) Parking required for business and professional offices shall be at the standard of
one space per three hundred square feet of total floor area (1/300). However, this requirement
may be reduced to 1/400, or at least by one parking space, when there is a mix of residential
and office use in the same structure or when there is an existing structure on a property located
within a designated historic district or an individually designated historic site.
Section 9. That Section 4.4.24, "Old School Square Historic Arts District (OSSHAD)",
Subsections 4.4.24(D), "Conditional Uses and Structures Allowed" and 4.4.24(H), "Special District
Regulations", of the Land Development Regulations of the Code of Ordinances of the City of Delray Beach,
Florida, are hereby amended to read as follows:
Section 4.4.24 Old School Square Historic Arts District (OSSHAD)
(D) Conditional Uses and Structures Allowed: The following uses are allowed as
conditional uses within the OSSHAD:
DELETED (1).L11'!D (2).L1l\TD RENU},IBERED.
(1) Outdoor dining which operates at night or which is the principal use or purpose
of the associated restaurant.
(2) Adult Congregate Living Facilities, Residential Licensed Service Provider
Facilities subject to restrictions set forth in Section 4.3.3(D), Child Care, Adult Day Care,
Continuing Care, Convalescent Homes, and Nursing Homes.
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ORD. NO. 68-06
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DENIED
(3) Public Parking lots not associated with a use.
(4) Residential-type inns, not to exceed more than eighteen (18) individually leased
suites or rooms per acre.
(5) Group Home, Type 2, and Community Residential Homes, pursuant to
restrictions set forth in Section 4.3.3(1).
(H) Special District Regulations:
(1) The gross floor area of residential units within a structure containing permitted
non-residential use(s) shall not me exceed more than 50% of the gross floor area of the entire
structure within which they are located.
Section 10. That Section 4.5.1, "Historic Preservation Sites and Districts", Subsections 4.5.1 (B),
"Criteria for Designation of Historic Sites or Districts", 4.5.1 (E), "Development Standards", 4.5.1 (F),
"Restrictions on Demolitions", 4.5.1(1), "Historic Preservation Board to Act on Site Plans, Landscape Plans,
and Architectural Elevations", and 4.5.1 (L), "Designation of Historic Districts" of the Land Development
Regulations of the Code of Ordinances of the City of Delray Beach, Florida, are hereby amended to read as
follows:
Section 4.5.1 Historic Preservation Sites and Districts:
(B) Criteria for Designation of Historic Sites or Districts:
(1) To qualify as a historic site, or historic district, or historic interior, or historic
structure. individual properties, structures, sites, or buildings, or groups of properties,
structures, sites, or buildings must have significant character, interest, or value as part of
the historical, cultural, aesthetic, and architectural heritage of the city, state, or nation. To
qualify as a historic site or historic district, the property or properties must fulfill one or more of
the criteria set forth in division (2) or (3) below; to qualify as a historic interior the interior must
fulfill one or more of the criteria set forth in division (2) and meet the criteria set forth in
divisions (3)(b) and (3)(d).
(E) Development Standards: All development of individually designated historic properties
and/ or properties located within historic districts. shall comply with the goals. objectives. and policies of
these regulations. the Comprehensive Plan. the Delray Beach Historic Preservation Design Guidelines.
and the Secretary of the Interior Standards for Rehabilitation.
(1) Exterior Architectural Features. For the purpose of this Section, exterior
architectural features will shall include, but not be limited to the following:
(a) The architectural style, scale, general design, and general arrangement of
the structure's exterior;
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ORD. NO. 68-06
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DENIED
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g mate
(c) The type and style of all roofs, windows, doors, and signs.
(2) Survey Area. For the purposes of this section. the survey area shall be confined to
the historic district. and the term survey area shall mean:
(a) The two (2) nearest homes on each side of the lot to be developed, if
homes are across public right-of-way. they are to be utilized:
(b) Any home directly to the rear of the lot to be developed: and
(c) The four (4) nearest homes across the public right-of-way to the front of
the lot to be developed.
(d) If any of the lots on either side of the subject lot or across the public
right -of-way is a vacant lot or a commercial lot. then it is to be removed from the
calculation. and replaced by the next nearest lot that is not a vacant or commercial lot.
(4) Infill Development. Infill development standards shall not apply to
individuall desi ated ro erties sites buildin s and structures. For the oses of thi
section. the term infill development shall mean:
(a) construction of a new structure on a vacant lot: or
additions involvin the construc . on reconstruction or alteration 0
any part of the front facade: or
c the construction
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ORD. NO. 68-06
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DENIED
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cumulative manner from
-fi!)(5) Buildi~, Structures, Appurtenances and ParkiORo The follovi~ Buildin
structures. appurtenances and parking shall only be moved, reconstructed, altered, or maintained
in accordance with this chapter, in a manner that will preserve the historical and architectur
character of the building, structure, site, or district:
(a) Bl:lildiags, structures, appurtefWlces.
Ww Appurtenances~ Appurtenances includes, but ~ are not limited to, ston
walls, fences, light fixtures, steps, paving, sidewalks, signs, and accessory structures.
a.1. Fences and Walls:
f; a. Chain-link fences shall be cla in a een or black vin
and shall onl be used in rear ards or where the are not visible from th
street.
ih b. All other provisions in Section 4.6.5 shall apply.
a. The followin
development:
i!o(b) Parking:
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ORD. NO. 68-06
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DENIED
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to avoid excessive use 0 stonc ro erties an or ro ertles ocate ill s oric
districts for parking. Parking lots shall strive to contribute to the historic nature of
the properties / districts in which they are located rather than detract by use of
creative design and landscaping elements to buffer parking areas from historic
structures. At a minimum. the following options shall be considered:
a. Locate parking adjacent to the building or in the rear.
b. Screen parking that can be viewed from the public right-
of-way with fencing. landscaping. or a combination of the two pursuant to
Section 4.6.5.
c. Utilize existin
buildings.
d. Construct new curb cuts and street side drivewa s on!
areas where they are appropriate or existed historically.
e. Use a ro riate materials for
poured in ribbons.
f. Avoid driveway expansions and circular drives.
-@1.(Q). Alterations. In considering proposals for alterations to the exterior of histori
buildings and structures and in applying development and preservation standards, th
documented, original design of the building may be considered, among other factors.
{4} ill Standards and Guidelines. A historic site, or building, structure, sit,
improvement, or appurtenance within a historic district shall be altered, restored, preserve ,
repaired, relocated, demolished, or otherwise changed in accordance with the Secretary of th
Interior's Standards for Rehabilitation and the Delta Beach Historic Preservation Des'
Guidelines, as amended from time to time.
-ES7 au Relocation. Relocation of historic buildings and structures to other sites shall n
take place unless it is shown that their preservation on their existing or original sites is n t
consistent with the purposes of this Section or would cause undue economic hardship to th
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ORD. NO. 68-06
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DENIED
property owner.
(6J.(2). Demolition. Demolition of historic sites, archaeological sites, or buildings
structures, improvements, and appurtenances within historic districts will be regulated by th
Historic Preservation Board in the manner described in Section 4.5.1 (F). A lications submitte
for a demolition shall be accom anied b a com lete a lication for redevelo ment of th
ro e . A rovals for demolition shall not be anted and the demolition shall not occur un .
the redevelo ment a lication has been a roved and a buildin ermit has been issued for th
redevelopment.
sites adjoining or reasonably approximate to the fioa contributing buikling, strueture, or site.
(a) He~ht: The height of proposed development
shall be visually compatible in comparison or relation to the height of existing structures an
buildings in a historic district. Visual com atibili with relation to he' ht shall be determine
through application of the following height requirements:
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ORD. NO. 68-06
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DENIED
wi
21
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>-
H
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>-1
51
~I
MAX 35' HT
REAR
SETBACK
MAX 35' HT
/' 22St HISTORIC
;7----------2SWRYHr-------
22,50t HISTORIC
---------2STORYHT----------
REAR
SE TBACK
25 O' I
30.0.' -J. I
350 ---J.
150 O'
'50.0'
BUILDING HEIGHT PLANE
AT 2,1 RATIO
BUILDING HEIGHT PLANE
AT 2,1.5 RATIO
2.
First Floor Maximum Height:
a.
established by:
structures or first tloo limits shall
i. He' ht from finished tl or el vation to to 0
beam (tie or bond) shall not exceed twelve feet (12').
n. fue
(16').
these dimensions shall b
lV. See example below:
3. Upper Story Height and Setbacks:
a. He' ht from finished tloor elevation to finish d tlo
elevation or top of beam (tie or bond) shall not exceed twelve feet (12').
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ORD. NO. 68-06
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DENIED
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(b) Front Fa~ade Proportion: The front fas:ade of each building 0
structure shall be visually compatible with and in direct relationship to the width of th
building and to the height of the front elevation of other adjacent or adjoining buildin
within a historic district.
(c) Proportion of Openings (Windows and Doors): The openings of an
building within a historic district shall be visually compatible with the ope .
exemplified by the prevailing historic architectural styles within the district. Th
relationship of the width of windows and doors to the height of windows and door
among buildings within the district shall be visually compatible.
(d) Rhythm of Solids to Voids; Front Facades: The relationship of solid
to voids in the front facllde of a building or structure will shall be visually compatible wi
the front fllcades of historic buildings or structures within the district with articula
attention paid to the front facades.
(e) Rhythm of Buildings on Streets: The relationship of buildings to ope
space between them and adjoining buildings shall be visually compatible with th
relationship between historic sites, buildings, or structures within a historic district.
(f) Rhythm of Entrance and/or Porch Projections: The relationship 0
entrances and porch projections to the sidewalks of a building shall be visually compatibl
with the prevalent architectural styles of entrances and porch projections on historic sites
buildings, and structures within a historic district.
(g) Relationship of Materials, Texture, and Color: The relationship 0
materials, texture, and color of the facade of a building and/or hardscaping shall b
visually compatible with the predominant materials used in the historic sites, buildings
and structures within a historic district.
16
ORD. NO. 68-06
('
" "\
DENIED
1.
(h) Roof Shapes: The roof shape. including type and slope. of a building 0
structure shall be visually compatible with the roof shape of the exis' historic buildin
stock of a hi"torie site, build:ffi.g, or 3tructure within the subject a-historic district or surve
area. as applicable.
(i) Walls of Continuity: Appearances of a building or structure such a
walls, wrought iron, fences, evergreen landscape masses, or building facades, shall fo
cohesive walls of enclosure along a street to insure visual compatibility of the building t
historic buildings, structures, or sites to which it is visually related.
manner tha
a utilitarian 0
2. Fences and walls over four fe t 4 hould no
Building Plane where visible from the public right-of-way.
ast th
G) Scale of a Building: The size of a building, the building mass in relatio
to open spaces, windows, door openings, balconies,--itftti porches. and lot size shall b
visually compatible with the building size and building mass of historic sites, building
and structures within a historic district. To determine whether the scale of a buildin i
appropriate. the following shall apply:
a. Create a line perpendicular to the front yard property line.
b.
17
ORD. NO. 68-06
("
/ '\
DENIED
the line extendin from the intersection of the front
perpendicular line.
r
~
II
f120 L
BUILDABLe
ARM
@
. """"""'...... L.............. """.. . NO -.0 ARE"
(k) Directional Expression of Front Elevation: A building shall be visuall
compatible with the buildings, structures, and sites in its directional character, whethe
vertical, horizontal, or nondirectional.
18
ORD. NO. 68-06
("
" '\
DENIED
feet under roof on the ound
square feet). see example below:
b the lot size converted t
1. Example: 2,625 Sq.Ft. on the gtound plane + 7 .500
Sq.Ft(75' x 100' lot size)= 35% Lot Coverage.
2.
follows:
The maximum lot covera e for infill develo ment shall e a
a.
1. The average footprint of the surve,y area: or
11. The average lot coverage of the survey area: or
111.
IV.
3.
b.
1. Additions shall be located as incons
the rear or least public side of a building.
2. Additions or accesso structures shall not be located in front 0
the established front wall plane of a historic building.
3. Characteristic featur s of the o' .
destroyed or obscured.
19
ORD. NO. 68-06
{'
/ '\
DENIED
4. The addition shall be desi ed and constructed so that the basi
form and character of the historic buildin will remain intact if the addition is eve
removed.
t97 Vi~ual eompatffiility stMidartb
the DclrllJ Beach Preservation and Conservation Manual.
flexibili
BUILDING HEIGHT PLANE
NORTH (SIDE) ELEVATION
20
ORD. NO. 68-06
r'
DENIED
--..
4. The addition shall be designed and constructed so that the basic
form and character of the historic building will remain intact if the addition is ever
removed.
5. Additions shall not introduce a new architectural style. mimic too
closely the style of the existing building nor replicate the original design. but shall
be coherent in design with the existing building.
6. Additions shall be secondar.y and subordinate to the main mass of
the historic building and shall not overwhelm the original building.
~ Visua:l compatibility standaros will be fur-<-.her discussed in greater detail in
the Dekay Beach. Preservation and Conservlltion Manual. Said Mafi'llil:1 will be developed
as II guide to assist property owners as they seek to nominllte their properties for
designation 803 a historic site or to designaoc an area within the city a3 a historic district.
(11) Visual Compatibility Incentives. In order to provide design
flexibility for structures that otherwise satisfy the Visual Compatibility Standards outlined
in Section 4.5.1 (E) (1 0). incentives for additions to existing structures and/or new infill
development shall include the following:
a. Open Air Spaces: The ratio of the Building Height Plane (BHP)
for single family structures can increase from 2:1 to 2:1.5 for open air spaces
limited to: first or second floor front porches (separation must be provided
between floors). first or second floor side porches (separation must be provided
between floors). balconies. and overlooks with open railings (see example below):
and
BUILDING HEIGHT PLANE NORTH (SIDE) ELEVATION
b. Square Footage: Up to twenty five percent (25%) of the front
elevation(s) of single family structures can extend above the Building Height Plane
(BHP) to a maximum height of thirty five feet (35'). provided twenty five percent
20
ORD. NO. 68-06
~
DENIED
---.
(25%) or more of the front elevation(s) remains one story. Along the front
elevation(s). the total width of extension shall not exceed eighteen feet (18'). See
example below.
>
~
~
f
~
~~
SIDE VIEW
r
0= ALLOWED ABOVE BHP,
NOT TO EXCEED 35' MAX
l1l\I = MUST BE UNDER BHP
_ = 25% OR MORE OF FRONT
FACADE(S) MUST REMAIN
1 STORY
FRONT VIEW
c. Lot Coverage: The footprint of infill structures may exceed the
average for the survey area provided the lot coverage shall not exceed the average
for the survey area or the maximum for the district. whichever is less. and any
second floor portion shall not exceed fifty percent (50%) of the average survey
area footprint. See example below.
21
ORD. NO. 68-06
~,
!
DENIED
~
Example: New Infilll Singe Family I Del Ida
Lot Size 11,400 sq.ft.
Survey Area Results:
Avg. Footprint sq.ft. = 2.204*
Avg. Lot Coverage = 26% (11,400 x .26 = 2.964 sq.ft.)
Max. Lot Coverage in District = 30% (11.400 x .30 = 3.420 sq.ft.)
Upper Story @ 50% Max. (2.204 x .5 = 1.102 sq.ft.)
First Floor = 2,204 sq.ft.
Total square footage (2,204 + 1,102 = 3.306 sq.ft.)
Incentive = 760 sq.ft.
*To determine the max. first floor square footage, select the lesser of the
average footprint square footage in the survey area or the max. lot coverage
for the District.
In the above example, the former is less.
(F) Restrictions on Demolitions: No structure within a Historic District or on an Historic
Site shall be demolished without first receiving a Certificate of Appropriateness pursuant to Section
2.4.6l]-I) for that purpose. The Historic Preservation Board shall be guided by the following in considering
such a request.
(1) The Historic Preservation Board upon a request for demolition by a property
owner, shall consider the following guidelines in evaluating applications for a certificate of
appropriateness for demolition of designated historic sites, historic interiors, or buildings,
structures, or appurtenances within designated historic districts;
(a) Whether the structure is of such interest or quality that it would
reasonably fulfill criteria for designation for listing on the national register.
(b) Whether the structure is of such design, craftsmanship, or material that it
could be reproduced only with great difficulty or economically nonviable expense.
(c) Whether the structure is one of the last remaining examples of its kind in
the designated historic district within the city.
(d) Whether retaining the structure would promote the general welfare of the
city by providing an opportunity to study local history, architecture, and design, or by
developing an understanding of the importance and value of a particular culture and
heritage.
(e) Whether there are definite approved plans for immediate reuse of the
22
ORD. NO. 68-06
('
DENIED
property if the proposed demolition is carried out, and what effect those plans will have
on the chltt'acter of the surrounding area.
(2) No decision of the Board shall result in undue economic hardship for the
property owner. The Board shall have authority to determine the existence of such hardship in
accordance with the definition of undue economic hardship found in Subsection (1-1).
(3) The Board's refusal to grant a Certificate of Appropriateness requested by a
property owner for the purpose of demolition will be supported by a written statement describing
the public interest that the Board seeks to preserve.
(4) The Board may grant a Certificate of Appropriateness as requested by a property
owner, for demolition which may provide for a delayed effective date. The effective date of the
certificate will be determined by the Board based on the relative significance of the structure and
the probable time required to arrange a possible alternative to demolition. the Board may delay
the demolition of designated historic sites and contributing buildings within historic districts for
up to six months while demolition of non-contributing buildings within the historic district may
be delayed for up to three months.
(5) During the demolition delay period, the Board may take such steps as it deems
necessary to preserve the structure concerned. Such steps may include, but are not limited to,
consultation with community groups, public agencies, and interested citizens, recommendations
for acquisition of property by public or private bodies, or agencies, and exploration of the
possibility of moving one or more structures or other features.
(6) The Board may, with the consent of the property owner, request that the owner,
at the owner's expense, salvage and preserve specified classes of building materials, architectural
details and ornaments, fixtures, and the like for reuse in the restoration of the other historic
properties. The Board may, with the consent of the property owner, request that the Delray
Beach Historical Society, or the owner, at the owner's expense, record the architectural details for
archival purposes prior to demolition. The recording may include, but shall not be limited to
photographs, documents, and scaled architectural drawings to include elevations and floor plans.
Two (2) copies of such recordings shall be submitted to the City's Planning and Zoning
Department. One (1) to be kept on file and the other to be archived with the Delray Beach
Historical Society. At the Board's option, and with the property owner's consent, the Board or
the Delray Beach Historical Society may salvage and preserve building materials, architectural
details, and ornaments, textures, and the like at their expense, respectively.
(7) The owner shall provide the following information on his/her application for any
contributing structure in a historic district or individually designated historic structure:
(a) A certified report from a registered architect or engineer which provides
documentation explaining that the building is structurally unsound and is damaged
23
ORD. NO. 68-06
('
DENIED
beyond the ability to repair it at a reasonable cost. The report must include photographs
to substantiate the damage.
(b) A certified report from an engjneer. architect. general contractor. or other
qualified professional which documents the projected cost of repairing the structure and
returning it to a safe and habitable condition.
(c) An appraisal of the property in its current condition. its value as vacant
land and its potential value as a preserved and restored historic property.
(d) Documentation that reasonable efforts have been made to find a suitable
alternate location for the structure within the City of Delray Beach to which the
contributing/ individually designated historic structure could be safely relocated.
(I) Historic Preservation Board to Act on Site Plans, Landscape Plans, and
Architectural Elevations: Pursuant to the powers granted in Section 2.2.6(D), the Historic Preservation
Board shall act on all development applications, within a Historic District or on a Historic Site, subject to
processing under Sections 2.4.5(F), (G), (H), and (I) which otherwise would be acted upon by the Site
Plan Review and Appearance Board or the Planning afid Zoning Bow.
(L) Designation of Historic Districts: The following Historic Districts are hereby affirmed
or established:
(1) +HE-NASSAU STREET HISTORIC DISTRICT which consists of Lots 2-
19 of Nassau Park, as recorded in Plat Book 16, page 67 of Palm Beach County, Florida; Lots
1-12 of Wheadey Subdivision, as recorded in Plat Book 16, page 98 of Palm Beach County,
Florida; and Block E, Lot 4 and Block F, Lot 1 of John B. Reid's Village as recorded in Plat
Book 21, page 95 of Palm Beach County, Florida. (Original designation by Ordinance 97-87
adopted on January 12, 1988)
(2) ~ MARINA DISTRICT which consists of Block 125, excluding the south
350' of the north 488.61 of the west 100' of Block 125, along with that part of Block 133 lying
west of the Intracoastal Waterway, together with the east half of Block 118, along with all of
Block 126, together with that portion of Block 134 lying west of the Intracoastal Waterway,
along with east half of Block 119, together with all of Block 127, along with the east half of
Block 120, and all of Block 128, all within the Town of Linton Plat, as recorded in Plat Book 1,
Page 3, Palm Beach County Records (Original designation by Ordinance 156-88 adopted on
December 20, 1988)
(3) DEL-IDA PARK which consists of Blocks 1 through 13, inclusive, along with
Tracts A, B, and C DEL-IDA PARK, according to the Plat thereof on file in the Office of the
Clerk of the Circuit Court in and for Palm Beach County, Florida recorded in Plat Book 9 at
Page 62 (Original designation by Ordinance 9-88 adopted on March 22, 1988)
24
ORD. NO. 68-06
{"
DENIED
/' \.
(4) OLD SCHOOL SQUARE which consists of the south one-half of Block 5
and Blocks 58-62, Blocks 65-70, the west half of Blocks 74 and 75, and Lots 1-6 of Block 76
Town of Linton Plat, as recorded in Plat Book 1, Page 3, Palm Beach County Records.
(Original designation by Ordinance 1-88 adopted on February 9, 1988).
(5) ~ WEST SETTLERS HISTORIC DISTRICT is bounded on the no
by Martin Luther King, Jr. Boulevard (N.W. 2nd Street). The eastern boundary is as follows:
the alley running north and south in Block 43; N.W. 3rd Avenue between N.W. 1st Street an
the east-west alley of Block 36. The southern boundary is N.W. 1st Street between N.W. 3r
Avenue and the alley in Block 43; the east-west alley in Block 36 and Block 28 and the sou
property line of Lot 13, Block 20. The western boundary is the north-south alley and th
eastern one-half (1/2) of the block south of the alley of Block 19; the north-south alley in th
north half of Block 20.
Section 11. That Appendix "A", "Definitions", of the Land Development Regulations of the Code 0
Ordinances of the City of Delray Beach, Florida, is hereby amended to read as follows:
CONTRIBUTING BUILDING - A building contributing to the historic significance of a district whic
is typically more than fifty (50) years old and which by virtue of its location, design, setting, material
workmanship, or association with local historic events or personalities lends to the district's sense of rim
and place within the context of the intent of historic preservation. A buildin that is more tha fif 50
years old shall be presumed to be contributing whether listed as such on a surveyor not.
HARDSCAPE - Consists of the inanimate elements of landsca in
such as concrete or brick patios. tile paths and wooden decks.
or wood wor
NON-CONTRIBUTING BUILDING - A building within a historic district which is icall less tha
fifty (50) years old and which does not add to a historic district's sense of time and place and historic
development; or a building where the location, design, setting, materials, workmanship, and associatio
have been so changed or have so deteriorated that the overall integrity of the building has bee
irretrievably lost.
Section 12. That should any section or provision of this ordinance or any portion thereof, an
paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision sh
not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invali .
Section 13.
hereby repealed.
That all ordinances or parts of ordinances in conflict herewith be, and the same are
25
ORD. NO. 68-06
" '\
DENIED
Section 14.
final reading.
That this ordinance shall become effective immediately upon its passage on second and
PASSED AND ADOPTED in regular session on second and final reading on this _ day 0
.2007.
MAYOR
ATTEST:
City Clerk
First Readin
..----
y"3 - -::L \JfV S\ d\)\D\
--..,
~-~
26
ORD. NO. 68-06
. r..J
MEMORANDUM
TO:
FROM:
MAYOR AND CITY COMMISSIONERS
CITY MANAGER ,"'7ft it
AGENDA ITEM # 1 0 .B - REGULAR MEETING OF MARCH 20, 2007
ORDINANCE NO. 68-06 (SECOND READING/SECOND PUBLIC
HEARING)
SUBJECT:
DATE:
MARCH 16, 2007
This ordinance is before Commission for second reading and second public hearing for city initiated
amendments to multiple sections of the Land Development Regulations (LDR) Section 1.4.3,
"Enforcement", Section 1.4.4, "Penalty", Section 2.2.6, "The Historic Preservation Board", Section
2.4.6, "Procedures for Obtaining Permits and Approvals", Section 3.2.4, "Standards for Specific Areas
or Purposes", Section 4.1.4, "Use of Lots of Record", Section 4.3.3, "Special Requirements for
Specific Uses", Section 4.4.17, "Residential Office District", Section 4.4.24, "Old School Square
Historic Arts District", Section 4.5.1, "Historic Preservation Sites and Districts", and Appendix "A",
Definitions, as recommended after a comprehensive review of the Delray Beach Historic Preservation
Design guidelines.
The Historic Preservation Board reconsidered the ordinance at their March 7, 2007 meeting and
voted to recommend approval by a 4-2 vote.
At the first reading on March 5, 2007, the Commission passed Ordinance No. 68-06.
Recommend approval of Ordinance No. 68-06 on second and final reading.
S:\City Oerk\AGENDA COVER MEMOS\Ordinance Agenda Memos\Ord 68-06 2nd Reading03.20.07.doc
, I
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1
FROM:
D19;;:r
~~L DORL.lf~G, ~ ~, DIRECT.QE. OF PLANNING AND ZONING
. ~ hv\ t:. . .~ .
AYE. ~EZ, HISTORic@ESERVATION PLANNER
MEETING OF MARCH 20, 2007
CITY INITIATED AMENDMENTS TO MULTIPLE SECTIONS OF THE LAND
DEVELOPMENT REGULATIONS (LDR) SECTION 1.4.3, SECTION 1.4.4,
SECTION 2.2.6, SECTION 2.4.6, SECTION 3.2.4, SECTION 4.1.4, SECTION 4.3.3,
SECTION 4.4.17, SECTION 4.4.24, SECTION 4.5.1, AND APPENDIX "A",
DEFINITIONS, AS RECOMMENDED AFTER A COMPREHENSIVE REVIEW OF
THE DELRAY BEACH HISTORIC PRESERVATION DESIGN GUIDELINES.
TO:
THRU:
SUBJECT:
Given concerns over the level and type of development affecting historic preservation efforts within
all five (5) of the City's historic districts, the City Commission, on April 18, 2006 implemented a six-
month moratorium. As a result, the consultant (REG Architects and Urban Design Studio)
prepared a revised set of Delray Beach Historic Preservation Design Guidelines, a Design
Guidelines supplement and made LOR amendment recommendations. These recommendations
have been codified and are contained in the attached amendments.
The primary purpose of the amendments is to provide clarification and an objective manner to
evaluate compatibility of new development applications with existing development in the historic
districts. The objective criteria will help both the development community and the Historic
Preservation Board determine what will be considered compatible development. Amendments are
also proposed to LOR Section 4.5.1 (F), Development Standards: Restrictions on Demolition, which
requires additional information and justification when any structure within a historic district is
proposed for demolition. This information has typically been requested from the applicant upon
first review by the Historic Preservation Board which then required the applicant to reappear before
the Board.
The major changes that will help define and promote compatible development include the
implementation of four tools such as: Buildino Heioht Plane, Anqle of Vision. Lot Coveraqe, and
Infill Development Compatibilitv Survey. The Building Height Plane and Angle of Vision tools intend
to minimize the impact of development along the streetscape by providing no-build zones on the
front elevation both vertically and horizontally. Maximum lot coverages will be implemented based
on either the average lot coverage within the survey area, or the historic district (30% for Del-Ida
Park, Marina, Old School Square, and West Settlers and 35% for Nassau Street), whichever is
less. Additions to contributing structures will be able to increase their lot coverage by 5% above
the maximum lot coverage for that historic district. The Infill Development Compatibility Survey will
compare surrounding properties with proposed infill development to assure compatibility with
existing development on adjacent properties within the historic district. The survey will include the
four (4) structures across the street, two (2) on either side of the property and the abutting
propert(ies) to the rear. Further, "Infill Development" is defined within Section 4.5.1 and identifies
which proposals will require the use of the survey area, including new construction,
additions/alterations affecting the front fac;ade of an existing structure, or an alteration affecting
.._of 1 J
City Commission Documentation Addendum, March 20, 2007
HPB LDR Amendments - 2nd Reading
Page 2
more than 25% of the existing exterior building envelope. All other development will be subject to
the general visual compatibility requirements.
The Historic Preservation Board considered these amendments at their February 21, 2007
meeting and indicated that additional clarification was necessary. The Board's recommendation of
approval failed on a 1-5 vote. Clarifications were made to the ordinance and it was considered and
approved by the City Commission at First Reading on March 5, 2007. This ordinance was
reconsidered by the Historic Preservation Board at their March 7, 2007 meeting, at which time a
recommendation of approval was made on a 4-2 vote.
The Community Redevelopment Agency (CRA) considered the subject LDR Amendments
(Ordinance 68-06) at its meeting of February 22, 2007 and recommended that the subject LDR
amendments be further reviewed and revised. The consensus was not to support them in their
current "state." The Ordinance has since been revised to provide clarifications requested by the
HPB.
The Planning and Zoning Board considered the subject LDR amendments (Ordinance 68-06) at
its meeting of February 26, 2007. After much discussion, a motion to approve the amendments
was made. The aforementioned motion failed on a vote of 0-5. The Ordinance has since been
revised to provide clarifications requested by the HPB.
The Historic Preservation Board (HPB) considered the subject LDR amendments (Ordinance
68-06) at its meeting of March 7, 2007. After much discussion particularly regarding lot coverage
requirements/maximums, a motion was made to approve the amendments as presented. The
motion passed by a vote of 4-2 (John Miller and Linda Lake dissented).
The Pineapple Grove Main Street Committee considered the subject LDR amendments
(Ordinance 68-06) at its meeting of March 7, 2007. After much discussion, a motion to approve the
amendments failed by a vote of 2-4, with three members abstaining.
The Downtown Development Authority (DDA) considered the subject LDR Amendments
(Ordinance 68-06) at its meeting of March 12, 2007. After considerable discussion regarding
parking incentives in the RO zone district located in the Del-Ida Park Historic District, a motion to
approve the amendments as presented was made. The motion passed by a vote of 4-0.
The West Atlantic Redevelopment Coalition (W ARC) considered the subject LDR Amendments
(Ordinance 68-06) at its meeting of March 14, 2007. After much discussion, the members voted to
abstain from making a recommendation as additional information and time for review would be
necessary.
By motion, approve the ordinance amending Land Development Regulations Section 1.4.3,
Section 1.4.4, Section 2.2.6, Section 2.4.6, Section 3.2.4, Section 4.1.4, Section 4.3.3, Section
4.4.17, Section 4.4.24, Section 4.5.1, and Appendix "A", Definitions, by adopting the findings of
fact and law contained in the staff report, and finding that the request is consistent with the
Comprehensive Plan and meets criteria set forth in Sections 1.1.6(A) and 2.4.5(M) of the Land
Development Regulations.
, .I 1 t
IY9J
2001
HISTORIC PRESERVATION BOARD
MEMORANDUM STAFF REPORT
()E[RAY BEACH
~
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()ELRAY BEACH
~:...~'~~
JUl._City
'III~!
199J
100]
MEETING OF: MARCH 7, 2007
ITEM:
CITY INITIATED AMENDMENTS PERTAINING TO HISTORIC PRESERVATION AND
THE DELRAY BEACH HISTORIC PRESERVATION DESIGN GUIDELINES, TO
SECTIONS OF THE LAND DEVELOPMENT REGULATIONS (LDR) SECTION 1.4.3,
SECTION 1.4.4, SECTION 2.2.6, SECTION 2.4.6, SECTION 3.2.4, SECTION 4.1.4,
SECTION 4.3.3, SECTION 4.4.17, SECTION 4.4.24, SECTION 4.5.1, AND APPENDIX
"A", "DEFINITIONS, AS RECOMMENDED AFTER A COMPREHENSIVE REVIEW
OF THE LAND DEVELOPMENT REGULATIONS.
ITEM BEFORE THE BOARD
The item before the Board is that of making a recommendation to the City Commission regarding City-
initiated amendments to the LDRs that resulted from a comprehensive review of the existing
regulations, as they relate to the City's five (5) historic districts.
BACKGROUN
PTION
Given concerns over the level and type of development affecting historic preservation efforts within all
five (5) of the City's historic districts, the City Commission, on April 18, 2006, implemented a six-
month moratorium. During the moratorium, Staff worked with consultants (REG Architects and Urban
Design Studios) in conducting a series of public meetings with the property owners of the Historic
Districts. As a result, the consultant prepared a revised set of Delray Beach Historic Preservation
Design Guidelines, a Design Guidelines supplement, and made LDR amendment recommendations.
The HPB reviewed those recommendations at their meeting of November 1, 2006, where a
recommendation of approval was made to the Planning and Zoning Board. However, it was found that
the amendments did not completely reach the goal of providing an objective way of determining visual
compatibility of new development within the historic districts. Therefore, additional revisions were
made. All proposed changes to the LDRs previously reviewed by the Board at the meeting of
February 21,2007 are listed and explained below:
1. Sections 1.4.3, "Enforcement" and 1.4.4, "Penalty", have been changed to state that neglect of
historic structures/structures in historic districts shall constitute a nuisance.
2. Section 2.2.6, "Historic Preservation Board", has been changed to state, Certificates of
Appropriateness shall be granted by the Historic Preservation Board by a majority of the
members present and voting instead of the current standard, which requires 4 votes to deny a
COA.
3. Section 2.4.6, "Certificate of Appropriateness," has been changed to state that Certificates of
Appropriateness shall require additional information such as demolition plans, window and door
descriptions, photos of all existing elevations, and an "Infill Compatibility Survey Area Form" as
applicable. The "Infill Compatibility Survey Area Form" will be required for all infill development
applications and requires a table showing the required data for each property located within the
survey area. A new section entitled, "Administratively-Reviewed Applications" was created. This
section references the matrix in the Historic Preservation Design Guidelines, which in turn,
provides which COA items require HPB versus Staff administrative approval.
. 1
LPFil Amendments Relating to HPB Review
HPB Meeting of March 7, 2007
Page 2 of 7
4. Section 3.2.4, "Standards for Specific Areas of Purposes" added language to refer to the Historic
Preservation Design Guidelines and the Secretary of the Interior Standards for Rehabilitation.
5. Section 4.1.4, "Use of Lots of Record" added language to provide that variances may be granted
to lot size, dimension and setbacks for relocation of historic structures.
6. Section 4.3.3(0), "Guest Cottage" added language that guest houses may not be taller than the
principal structure in a historic district, regardless of historic classification.
7. Section 4.4.17, "RO District" added language to provide incentives for residential historic
structure(s) in historic districts to be rehabilitated into office uses.
8. Section 4.4.24, "OS SHAD District" added language that public parking lots not associated with a
use are allowed as conditional uses in the OSSHAD District.
9. Section 4.5.1, "Historic Preservation Sites and Districts" added language to provide that all
development of historic properties/districts shall comply with goals, objectives and standards of
the Delray Beach Historic Preservation Design Guidelines, Secretary of the Interior Standards,
and the Comprehensive Plan; added language limiting chain-link fences to either green or black
vinyl and their installation to rear yards only; provided language clarifying parking lot alternatives
in historic properties/historic districts and providing that waivers from parking requirements of
4.6.9 may be granted by HPB; provided that redevelopment plans must be submitted with all
demolition applications, as well as additional requirements for demolition applications including a
submittal of a report from an architect/engineer that the building is damaged beyond repair at
reasonable cost, appraisal of property in current condition, as vacant land, and as restored
historic property, and documentation that reasonable efforts have been made to find an alternate
location for the structure; clarified that all infill development and improvements in historic
properties/historic districts shall be visually compatible; added additional compatibility
requirements for exterior materials, roof shapes, and directional expression of front elevation
dependant upon the survey area, added that fences over four feet (4') shall not extend past the
building plane where visible from public right-of-way and that design of swimming pool fences
shall not exhibit a stand alone appearance; added "First Floor Maximum Height" to be
established by a maximum mean roof height of 16'. Mean roof heights above 16' will be
considered multi-story structures.
10. Further changes to 4.5.1, "Historic Preservation Sites and Districts" introduce the following to
determine compatible development:
a. Added language defining "Survey Area" which consists of a sampling of structures
immediately surrounding the subject property, and establishing an "Average" which is
determined by the footprint square footage within the survey area;
b. Added language to determine "infill development", which refers to the construction of a new
structure on a vacant lot; additions involving any part of the front elevation, and/or the
construction, reconstruction, or alteration of twenty-five percent (25%) or more of the exterior
envelope of an existing structure and all appurtenances;
c. Added language regarding compatibility standards for garages and carports requiring that
the frontage shall not vary more than 10% from the average garage/carport frontage within
survey area, that the orientation shall be consistent with such structures in the survey area
further providing that they shall be oriented and entered from the side or rear of the infill
home and out of view from the public right of way, and that there shall be no more than one
garage with a capacity to hold more than two vehicles and contains single-bay doors only;
d. Added "Building Height Plane" technique which lays out a no-build zone on the front
elevation providing impact relief from the streetscape;
e. Added "Upper Floor Setbacks" to require that the height from finished floor elevation to
finished floor elevation or top of beam shall not exceed 12', and that upper stories provide an
, .
L.DIK Amendments Relating to HPB Review
tlPB Meeting of March 7, 2007
Page 3 of 7
additional 5' setback on each side elevation, unless the architectural style provides for a
continuous multi-story wall plane;
f. Added limitations to the allowed number of stories for new development dependant upon the
average number of stories which exist within the survey area;
g. Added lot coverage maximums limited to the lesser of the average within the survey area or
30% in Del-Ida Park, Marina, Old School Square, and West Settlers Historic Districts and
35% in Nassau Park with an additional 5% allowed when adding onto a contributing
structure,
h. Added specific language to achieve visual compatibility for additions to existing structures;
i. Added "Angle of Vision" formula to manage scale and mass of new construction along the
front elevation, keeping its streetscape impact to a minimum, with ratios specific to the use;
j. Added incentives for structures that otherwise meet all other visual compatibility standards
by allowing an increased "Angle of Vision" ratio for single-family structures, the ability to
exceed the "Building Height Plane" area provided that certain additional criteria are met, and
the ability to exceed the average survey area footprint up to either the average survey area
lot coverage or the lot coverage provided for the district, whichever is less, as long as the
second floor does not exceed fifty percent (50%) of the average survey area footprint.
11. Appendix "A", "Definitions" includes a definition of "Hardscape" and amended definitions of
"Contributing/Non-Contributing" to provide that buildings more than fifty (50) years old shall be
presumed to be contributing and those that are less than fifty (50) years old are typically
considered non-contributing.
After much discussion at the aforementioned February 21, 2007 meeting, a motion to approve with
recommendations for specific clarifications was made which failed 1-5. Those requested clarifications
have been made in the attached ordinance and are summarized below:
· "Number of Stories" - Clarified that the number of stories shall be represented as an average
measure of wholes and halves as opposed to fractions of wholes or halves. Structures with a
second-story component consisting of less than 50% of the first floor will be considered a one
and a half story structure, a second-story component consisting of more than 50% of the first
floor will be considered a two-story structure.
· "Incentives" - Added headings to each infill development incentive in order to clarify the
intention such as "Open Air Spaces", "Square Footage", and "Lot Coverage".
The attached ordinance (68-06) is now before the Board for recommendation to City Commission.
REQUIRED FINDINGS
LDR Section 2.4.5(MH5) (Findinas): Pursuant to LDR Section 2.4.5(M)(5) (Findings), in addition to
LDR Section 1.1.6(A), the City Commission must make a finding that the text amendment is
consistent with and furthers the Goals, Objectives and Policies of the Comprehensive Plan.
A review of the objectives and policies of the adopted Comprehensive Plan was conducted and the
following applicable Objectives and Policies were noted:
FUTURE LAND USE ELEMENT:
GOAL AREA "A"
LAND WITHIN THE PLANNING AREA SHALL BE DEVELOPED OR
REDEVELOPED, TO ENHANCE THE EXISTING QUALITY OF LIFE,
COMPLIMENT EXISTING LAND USE AND RESULT IN A MIXED, BUT
PREDOMINANTLY RESIDENTIAL COMMUNITY WITH A BALANCED
ECONOMIC BASE.
L,Ofi< Amendments Relating to HPB Review
HPB Meeting of March 7, 2007
Page 4 of 7
Future land Use Element Objective A-4 The redevelopment of land and buildings shall provide for
the preservation of historic resources. The objective shall be met through continued adherence to the
City's Historic Preservation Ordinance and the following policies:
Future land Use Policy A-4.1 Prior to approval or recommending approval of any land use or
development application for property located within a historic district or designated as a historic site,
the Historic Preservation Board must make a finding that the requested action is consistent with the
provisions of Section 4.5.1 of the land Development Regulations relating to historic sites and districts
and the "Delray Beach Design Guidelines".
Future land Use Policy A-4.2 In order to protect the City's historic resources, the land Development
Regulations shall include provisions for designation of historically significant buildings, structures,
archaeological sites, or districts. The City shall conduct periodic neighborhood surveys to identify and
evaluate potential historic resources.
HOUSING ELEMENT:
GOAL AREA "A"
TO MAINTAIN A SAFE AND ADEQUATE SUPPLY OF HOUSING BY
PRESERVING EXISTING STABLE NEIGHBORHOODS, STABILIZING
AND ENHANCING NEIGHBORHOODS THAT ARE IN TRANSITION, AND
RESTORING AND REHABILITATING NEIGHBORHOODS THAT HAVE
DECLINED.
Housina Element Objective A-10 The City shall support the conservation and rehabilitation of
historically significant housing, especially where such housing is an identifying characteristic of a
particular neighborhood.
Housina Element Policy A-10.1 This objective will be implemented in accordance with the standards
and criteria of Section 4.5.1 of the land Development Regulations, Historic Preservation Sites and
Districts.
Housina Element Policy A-10.2 The City will promote the use of historic designations as a
revitalization tool in its preparation of Neighborhood Plans for those areas which have a significant
inventory of historic structures.
Housina Element Objective A-12 To assist residents of the City in maintaining and enhancing their
neighborhood environment, the City shall take steps to ensure that modifications in and around the
neighborhood do not lead to its decline, such as those described in the following policies.
Housina Element Policy A-12.4 The City will provide planning and technical assistance to implement
neighborhood-supported initiatives aimed at preserving the character of existing residential areas.
Such assistance may involve the formulation of regulations that would limit the size and scale of new
homes to be consistent with existing structures within a defined neighborhood, and analysis of the
housing inventory to determine if the area qualifies for designation as a historic district, and similar
measures.
Coastal Manaaement Element Policy B-2.1 The Marina Historic District shall embrace principles of
historic preservation and economic development in a sensitive and blending manner. See Objective
C-1 for the specific implementation program.
Coastal Manaaement Element Policy B-2.2 Individual historic structures shall continue to be
designated pursuant to the City's Historic Preservation Ordinance.
. .
L.O~ Amendments Relating to HPB Review
HPB Meeting of March 7, 2007
Page 5 of 7
Coastal Manaaement Element Obiective C-1 The retention, rehabilitation, and protection of historic
resources as provided for in the City's Historic Preservation Ordinance shall continue to be applied in
the Coastal Planning Area. The Marina Historic District shall continue to be redeveloped with a
sympathetic blending of the demands of economic development and historic preservation.
Coastal Manaaement Element Policy C-1.1 The northern portion of the Marina District nearest
Atlantic Avenue shall be developed with the active participation of both the Historic Preservation
Board and the Community Redevelopment Agency.
Coastal Manaaement Element Policy C-1.2 The middle and southerly portions of the Marina District
shall continue to be enhanced through the renovation of existing single family and multi-family
structures, sensitive rehabilitation of historic structures, and new construction which is appropriate to
the historic district.
ANAL YSIS
The primary purpose of the amendments is to provide clarification and an objective manner to
evaluate compatibility of new development applications with existing development in the historic
districts. The objective criteria will help both the public and the Historic Preservation Board determine
what will be considered compatible development.
The revisions which deal with scale and compatibility are located in LOR Section 4.5.1 (E)(7). The
major changes that will help define and promote compatible development include "Building Height
Plane" calculations which provide a way of setting back the second story wall plane from the foremost
wall plane on the first story, providing impact relief along the streetscape. These changes also
establish a "First Floor Maximum Height" which determines that the height from finished floor
elevation to the top of the beam shall not exceed twelve feet (12') while the mean roof height shall not
exceed sixteen feet (16'). Structures with heights exceeding these limitations will be considered and
reviewed as multi-story. Further, "Upper Story Height and Setbacks" adds an additional setback of five
feet (5') on all additional stories of a multi-story structure, alleviating the impact that a full multi-story
wall plane may have. However, should the architectural style call for a full two-story wall plane, this
setback may not be required. There is also an established maximum wall plane height for upper
stories which requires that the height from finished floor elevation to finished floor elevation, for
structures containing more than two stories, or top of beam (tie or bond) for structures containing only
two stories, shall not exceed twelve feet (12'). An additional way of providing compatibility will be in
calculating an "Angle of Vision", which is located on the front fac;ade and provides an area where
the building should be setback, either on one or both sides. This further reduces the impact of the
structure along the historic streetscape, providing additional compatibility with respect to scale.
Finally, the language within the Delray Beach Historic Preservation Design Guidelines which provides
guidance towards the appropriate design of additions has been added to the LDRs.
LDR Section 4.5.1 will also address "Lot Coverage" within the historic districts allowing up to either
the lesser of the average footprint square footage within the survey area, average lot coverage within
the survey area or either 30% in Del-Ida Park, Marina, Old School Square and West Settlers Historic
Districts, and up to 35% within Nassau Park. An additional 5% will be allowed when adding onto a
contributing structure located within any of the historic districts.
"Infill Development" is defined within Section 4.5.1 and identifies which proposals will require the use
of the survey area, including new construction, additions/alterations affecting the front fac;ade of an
existing structure, or an alteration affecting more than 25% of the existing exterior building envelope.
All other development will be subject to the general visual compatibility requirements, as contained in
LDR Section 4.5.1 (E)(1 O)(a-m). An "Infill Development Compatibility Survey" of surrounding
properties will be required for infill development to assure compatibility with adjacent properties within
the historic district. This survey will compare the proposed improvement with the averages of the
" LD~ Amendments Relating to HPB Review
HPB Meeting of March 7, 2007
Page 6 of 7
following components within survey area: number of stories, garages/carports and their directional
orientation to the street, roof type and its directional orientation to the street, and the directional
expression of the structure. The survey will include the four (4) structures across the street, two (2) on
either side of the property and the abutting property(ies) to the rear, with the exclusion of all vacant
and commercial lots. The structures within the survey area with the largest and smallest applicable
measurements will be removed from consideration of the established "average".
Three incentives are also proposed for development applications which comply with the visual
compatibility standards. First, a single-family structure is required to maintain an "Building Height
Plane" ratio of 2:1. However, if open air spaces (porches, balconies, overlooks with open railings) are
provided on the first floor or the second floor, with the separation provided between floors on the front
and/or sides, the ratio may increase to 2:1.5. Second, up to 25% of the front elevation may extend into
the "Building Height Plane (BHP)", provided that at least 25% of the front elevation remains one-story.
However, the width of the portion extended into the "BHP" may not exceed a width of eighteen feet
(18'). Last, the footprint of infill development/structures may exceed the average for the survey area
provided the lot coverage does not exceed the average for the survey area or the maximum for the
district, whichever is less, and any second floor portion shall not exceed fifty percent (50%) of the
average survey area footprint.
All of the above LDR changes will provide an objective way to determine compatibility of new
development within the historic districts, with those additional incentives to provide for further design
flexibility.
Changes are also proposed to LDR Section 4.5.1 (F), Development Standards: Restrictions on
Demolition, which provides review criteria when any structure within a historic district is proposed for
demolition. Additional language is provided requiring the property owner to submit information
regarding the state of disrepair, such as certified reports from a registered architect or engineer noting
the structural soundness of the property, and the costs to repair the structure and return it to a safe
and habitable condition. In addition, an appraisal of the property's condition upon application, value
as vacant land, potential value upon restoration, and documentation that reasonable efforts were
made to salvage the structure through relocation are also to be provided. This information has
typically been requested from the applicant upon first review by the Historic Preservation Board which
then required the applicant to reappear before the Board. LDR Section 4.5.1 (E)(6) states that
demolition within historic districts is regulated by the HPB. This section has been expanded to include
that demolition applications shall be accompanied by the complete redevelopment application, that
the two requests shall be reviewed and decided upon concurrently, and that the demolition permit
shall not be issued until the redevelopment building permit is issued. The intent is to avoid leaving
empty lots if the redevelopment project is not built and to provide time for the applicant to investigate
relocation of the structure.
Additional minor LDR revisions include the following: definition reVISions, language regarding the
neglect of structures and the enforcement of penalties, inclusion of items required in COA applications,
expansion of administratively approved items per the COA Approval Matrix, allowances for relief for
Lots of Record within a historic district, and height restrictions for accessory structures within a historic
district or on an individually designated property.
The Comprehensive Plan calls for new development and redevelopment to enhance the existing
quality of life by providing for the preservation of historic resources, the rehabilitation of historically
significant housing, and the promotion of historic designations as a revitalization tool. Further, the Plan
calls for Staff assistance in implementing neighborhood supported initiatives aimed at preserving the
character of existing residential areas including the formulation of regulations limiting size and scale of
new development within historic districts. The proposed amendments achieve the aforementioned
" LD~ Amendments Relating to HPB Review
HPB Meeting of March 7, 2007
Page 7 of 7
goals and policies. Therefore, a positive finding can be made that the amendments are consistent with
and further the Goals, Objectives, and Policies of the Comprehensive Plan.
The Community Redevelopment Agency (CRA) considered the LOR Amendments (Ordinance 68-
06) at its meeting of February 22, 2007 and recommended that they be further reviewed and revised.
The Board consensus was not to support them in their current "state." (The version reviewed by the
CRA was the same version previously reviewed by the HPB on February 21,2007.)
The Planning and Zoning Board considered the LOR amendments (Ordinance 68-06) at its meeting
of February 26, 2007. After much discussion, a motion to approve the amendments was made. The
aforementioned motion failed on a vote of 0-5. (The version reviewed by the Planning and Zoning
Board was the same version previously reviewed by the HPB on February 21,2007,)
The Pineapple Grove Main Street committee will make a recommendation of the subject LOR
Amendments to the City Commission at its meeting of March 7, 2007.
The Downtown Development Authority (DDA) will make a recommendation of the subject LOR
Amendments to the City Commission at its meeting of March 12, 2007.
The West Atlantic Redevelopment Coalition (WARC) will make a recommendation of the subject
LOR Amendments to the City Commission at its meeting of March 14,2007.
Letters of objection and support, if any, will be presented at the meeting.
ALTERNATIVE ACTIONS
A. Continue with direction.
B. Move a recommendation of approval to the City Commission of the amendments to the Land
Development Regulations (LDRs) by adopting the findings of fact and law contained in the staff
report and finding that the request is consistent with the Comprehensive Plan,
C. Move a recommendation of denial to the City Commission of the amendments to the Land
Development Regulations (LDRs) by adopting the findings of fact and law contained in the staff
report and finding that the request is inconsistent with the Comprehensive Plan. (Motion to be
phrased in the affirmative. See above.)
Recommend approval to the City Commission of the amendments to the Land Development
Regulations (LDRs) by adopting the findings of fact and law contained in the staff report and finding
that the request is consistent with the Comprehensive Plan.
Prepared by: Amy E. Alvarez, Historic Preservation Planner
Attachments:
. Proposed LOR Amendment Ordinance.
, '
ORDINANCE NO. 68-06
AN ORDINANCE OF THE CITY COMMISSION OF THE CIlY OF
DELRA Y BEACH, FLORIDA, AMENDING THE LAND
DEVELOPMENT REGULATIONS OF THE CIlY OF DELRAY
BEACH BY AMENDING SECTIONS 1.4.3, "ENFORCEMENT" AND
1.4.4, "PENALTY", PROVIDING THAT NEGLECT SHALL
CONSTITUTE A NUISANCE AND PROVIDING FOR
ENFORCEMENT AND PENALTIES; AMENDING SECTION 2.2.6,
"THE HISTORIC PRESERVATION BOARD", SUBSECTION (C),
"MEETING AND QUORUM", PROVIDING FOR VOTING;
AMENDING SECTION 2.4.6, "PROCEDURES FOR OBTAINING
PERMITS", SUBSECTION (H), "CERTIFICATE OF
APPROPRIATENESS FOR HISTORIC SITES, STRUCTURES, AND IN
HISTORIC DISTRICTS", BY PROVIDING DOCUMENTATION FOR
DEMOLITIONS; AMENDING SECTION 3.2.4, "STANDARDS FOR
SPECIFIC AREAS OR PURPOSES", SUBSECTION 3.2.4(E),
"HISTORIC DISTRICTS AND SITES", PROVIDING FOR AND
INCORPORATING THE DELRA Y BEACH HISTORIC
PRESERVATION DESIGN GUIDELINES AND THE SECRETARY
OF THE INTERIOR STANDARDS FOR REHABILITATION;
AMENDING SECTION 4.1.4, "USE OF LOTS OF RECORD",
SUBSECTION 4.1.4(E), TO PROVIDE FOR VARIANCES;
AMENDING SECTION 4.3.3, "SPECIAL REQUIREMENTS FOR
SPECIFIC USES", SUBSECTION (Q), "GUEST COTTAGE" TO
PROVIDE THAT HEIGHT SHALL NOT EXCEED THAT OF MAIN
STRUCTURE IN HISTORIC DISTRICTS; AMENDING SECTION
4.4.17, "RESIDENTIAL OFFICE (RO) DISTRICT", SUBSECTIONS
4.4.17(A), "PURPOSE AND INTENT", AND 4.4.17(G),
"SUPPLEMENTAL DISTRICT REGULATIONS", PROVIDING FOR
CONVERSION OF RESIDENTIAL STRUCTURES INTO OFFICE USE
IN HISTORIC DISTRICTS; AMENDING SECTION 4.4.24, "OLD
SCHOOL SQUARE HISTORIC ARTS DISTRICT (OSSHAD)",
SUBSECTIONS 4.4.24(D), "CONDITIONAL USES" AND 4.4. 24 (H) ,
"SPECIAL DISTRICT REGULATIONS", PROVIDING PUBLIC
PARKING LOTS NOT ASSOCIATED WITH A USE ARE ALLOWED
AS CONDITIONAL USES AND CLARIFYING SPECIAL DISTRICT
REGULATIONS; AMENDING SECTION 4.5.1, "HISTORIC
PRESERVATION SITES AND DISTRICTS", SUBSECTION 4.5.1 (B),
"CRITERIA FOR DESIGNATION OF HISTORIC SITES OR
DISTRICTS", 4.5.1 (E), "DEVELOPMENT STANDARDS", 4.5.1 (F),
"RESTRICTIONS ON DEMOLITIONS", 4.5.1(1), "HISTORIC
, .
PRESERVATION BOARD TO ACT ON SITE PLANS, LANDSCAPE
PLANS AND ARCHITECTURAL ELEVATIONS", AND 4.5.1 (L),
"DESIGNATION OF HISTORIC DISTRICTS", BY PROVIDING
CLARIFICATION REGARDING FENCES AND PARKING IN
HISTORIC DISTRICTS, COMPATIBILITY STANDARDS,
ADDITIONAL REQUIREMENTS FOR DEMOLITION
APPLICATIONS AND NAMES OF HISTORIC DISTRICTS; AND
AMENDING APPENDIX "A", "DEFINITIONS", TO PROVIDE A
NEW DEFINITION FOR "HARDSCAPE" AND AMENDING THE
DEFINITIONS FOR "CONTRIBUTING" AND "NON-
CONTRIBUTING" STRUCTURES; PROVIDING A SAVINGS
CLAUSE, A GENERAL REPEALER CLAUSE AND AN EFFECTIVE
DATE.
WHEREAS, the City Commission of the City of Delray Beach has the authority to protect the health,
safety and welfare of its citizens; and
WHEREAS, the City Commission of the City of Delray Beach has the authority to make regulations
pertaining to land use and development within the City of Delray Beach; and
WHEREAS, the City Commission of the City of Delray Beach believes that protecting and preserving
historic properties/districts furthers its goals of promoting health, safety and welfare by preserving the history
of the City for the welfare of future generations; and
WHEREAS, the City Commission of the City of Delray Beach desires to preserve the property values
of all land owners in historic districts and/or individually designated historic properties; and
WHEREAS, the City Commission of the City of Delray Beach desires to clarify the language in its Land
Development Regulations pertaining to historic properties/districts in order to provide guidance for those
citizens that live or own property in historic properties/districts.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CIlY OF
DELRA Y BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Section 1.4.3, "Enforcement", of the Land Development Regulations of the Code of
Ordinances of the City of Delray Beach, Florida, is hereby amended to read as follows:
2
ORD. NO. 68-06
Section 1.4.3 Enforcement:
(A) Code Enforcement Board/Hearing Officer and County Court: When The City
Code Enforcement Board/Hearing Officer and County Court in Palm Beach County shall have
concurrent jurisdiction to hear and decide cases seeking compliance with these regulations or an order
to correct a violation and when a hearing is sought with respect to an alleged violation, the matter shall
be decided by the Code Enforcement Board/Hearing Officer pursuant to Chapter 37 of the City Code.
au A Certificate of Occupancy shall not be issued for any building, or structure, or portions
thereof, that fails to meet all applicable requirements of these Land Development Regulations. The use
of a building without proper issuance of a Certificate of Occupancy is a violation of Code and shall be
grounds for issuance of a stop work order or cease and desist order by the Chief Building Official, and
other remedies set forth herein.
.(C) Nothing herein shall prevent the City of Delray Beach from taking such other lawful
action deemed necessary to prevent or remedy any violation.
(0) The neglect of individually designated historic structures and/or structures located
within historic districts shall constitute a "nuisance" violation of the City's Code of Ordinances
pursuant to Section 100.10.
Section 2. That Section 1.4.4, "Penalty", of the Land Development Regulations of the Code of
Ordinances of the City of Delray Beach, Florida, is hereby amended to read as follows:
Section 1.4.4 Penalty:
(A) Violation of the provisions of these Regulations, or failure to comply with any of its
requirements, including violations of conditions and safeguards established in connection with grants of
variances or conditional uses shall constitute a punishable violation. Any person who violates these
Regulations, or fails to comply with any of its requirements, may be issued a civil citation
pursuant to Section 37.45 of the City Code or a notice of violation pursuant to Chapter 37 of
the City's Code of Ordinances. and shall upon conviction thereof, be fined not more than $500 or
imprisoned for not more than 60 days, or both, and shall pay all costs and expenses involved in the
case. Each day such violation continues shall be considered a separate offense.
(B) The owner or tenant of any building, structure, premise, or part thereof, and any
architect, agent, builder, contractor, or other person who knowingly commits, participates in, assists in,
or maintains such violation, may each be found guilty of a separate offense, and suffer the penalties
provided herein.
(C) In addition to any and all other penalties, any person who carries out or causes to be
carried out any work in violation of Section 4.5.1 shall be required to restore the subject
improvement, building, site, structure, appurtenance, or landscape feature, either to its
appearance prior to the violation or in accordance with its certificate of appropriateness required by the
3
ORD. NO. 68-06
Historic Preservation Board.
(0) Structures that are individually designated as historic or are located in historic districts
shall be maintained in a secure and attractive manner. Neglect of historic structures/structures in a
historic district shall constitute a "nuisance" violation pursuant to Section 100.10 of the City's Code of
Ordinances and shall result in maximum penalties.
(91.(E). Nothing herein shall prevent the City of Delray Beach from taking such other lawful
action deemed necessary to prevent or remedy any violation.
Section 3. That Section 2.2.6, "The Historic Preservation Board", Subsection 2.2.6(C), "Meetings
and Quorum", of the Land Development Regulations of the Code of Ordinances of the City of Delray Beach,
Florida, is hereby amended to read as follows:
(C) Meetings and Quorum:
(1) The Historic Preservation Board shall hold at least one regularly scheduled
business meeting each month and it shall be held in the evening hours.
(2) Four members of the Board shall constitute a quorum.
(3) N6 An application for a Certificate of Appropriateness shall be denied exeept by
the vote of {OtH' -.-oting members approved by a majority of the members present and voting.
Section 4. That Section 2.4.6, "Procedures for Obtaining Permits", Subsection (H), "Certificate of
Appropriateness for Historic Sites, Structures and in Historic Districts", of the Land Development Regulations
of the Code of Ordinances of the City of Delray Beach, Florida is hereby amended to read as follows:
Section 2.4.6 Procedures for Obtaining Permits:
(H) Certificate of Appropriateness for Individually Designated Historic Structures,
Properties Sites and all Properties Located within ift Historic Districts:
(1) Rule: A Certificate of Appropriateness shall be required for the following
activities which occur on a designated historic site, designated historic interiors, or within
designated historic districts:
(ll) }..ay site plafi developmeftt applielltiOft which is proeessed Uftder these
regulatioas for which aetion is required hJ the Plllfifiifig afid Zoning Bolt1'd.
Ww Any development application which is processed under these regulations
for which action is required by the Site Plan Review and Appearance Board or the
Board of Adjustment; and in such case, the Historic Preservation Board shall act in-lieu
of such Board.
4
ORD. NO. 68-06
WDll Any building, structure, appurtenance, improvement, or
landscape feature, which will be erected, altered, restored, renovated, excavated,
relocated, or demolished and which regards any exterior architectural features (and
interior architectural features in the case of designated historic interiors), landscape
features, or site improvements, except for those items specifically exempted by a list
promulgated by the Director.
{dJW A Certificate of Appropriateness shall also be required for any material
change in existing walls, fences, roofs. windows. doors. sidewalks, hardscape features.
and changes of color.
A Certificate of Appropriateness is not required for general, occasional maintenance
of any historic building, interior, structure, or site, or any building or structure within a historic district.
General, occasional maintenance shall include, but not be limited to lawn and landscaping care and
minor repairs that restore or maintain the historic site or current character of the building or structure.
General, occasional maintenance shall not include any of the activities described and defined in
divisions (l)(a) through (l)(d) of this Section. A Certificate of Appropriateness will not be
required for any interior alteration (except for designated historic interiors), construction,
reconstruction, restoration, renovation, or demolition. General, occasional maintenance and repair shall
also include any ordinary maintenance which does not require a building permit from the City.
(2) Required Information:
(ll) Referred Devdepmeftt 4A...pplieatieftS: Whefi aft iocm is Before the
Boltt'd throttgh ref-erul from afiother appro'.ral or review BodJ, the sttbmiSSiofi mllocrW
provided with the appliclltiofl supplemenocd with lldditfofl8:'l iflfoffttll:tiofi required bJ the
Board shall be provided. .A Seplttllte applit:ation is not reql:lired.
~w Stftftd AlBae Application: When an item goes before the Historic
Preservation Board or is reviewed administratively and it is not associated with any land
development application, the following information in the form of photographs or plans
shall be provided. as applicable:
tat .1. Site plan and/or survey;
W 2. Building elevations, and/or architectural drawings, and/ or
artistic sketches or renderings;
(e) 3. Landscaping plan;
(d) 4. Floor plan(s);
(e) 5. Samples of building materials and color chips;
ffl- 6. Engineering reports, as applit:abk;
fg} 7. Other mllterilll as may be requested by the Historie Preservatiofi
5
ORD. NO. 68-06
, '
Bolttd. Demolition Plans:
8. Window and door schedule providing specifications to include
but not be limited to window type. material. configuration. dimensions. and
profile drawings:
9. Photographs of all existing elevations of the subject property.
labeled with cardinal direction and address:
10. Other material as may be requested by the Planning and Zoning
Department or Historic Preservation Board.
11. Infill Compatibility Survey Area Form.
Also, a standard COA application form, accompanied by payment of a
processing fee per 2.4.3(K) must be provided.
(b) Class I-Class V Site Plan Applications: Applications for Class 1-
Class V Site Plans shall be submitted in accordance with Section 2.4.3 in conjunction
with additional information as required for a COA provided in (a). above.
(3) Procedure:
(ll) Referred D~lepmeat ..A...pplieatieas: The Certiftellte of
}..ppropriatefte3S process ShllH he incorporated with the ftoflftlll processing of II
development applicatiofl. UpOft reccipt of a complete applielltiOft, the Plaflniflg and
Zonifig Department ShllH fiotify the Hi3torfc Preservatiofi Board of reqtHred CO.A.
llctions. The llpplicatiofl sftllH he placed before the Boll1'd llt its next avltilable meeting.
}..fi actiofi Ofi the CO.A. must precede final action Oft the development applielltiofl.
Ww Staad ..\:Ieee Applications that go before the Historic Preservation
Board: An application for a COA whidi does not feqtMC review or actiofl bJ llfiothef
&Md that requires Board approval as provided in the matrix set forth in the Delray
Beach Historic Preservation Design Guidelines shall be scheduled for review and action
at the next available meeting of the Historic Preservation Board, at which time an action
of approval, denial, or approval of a modified application. continuance with direction. or
denial may be taken. The Historic Preservation Board shall apply applicable ordinances.
Historic Preservation Guidelines and Secretary of Interior Standards for Rehabilitation.
(1)) Administratively-Reviewed ApJ>lications: An application for a COA
which does not require approval by the Historic Preservation Board as provided in the
matrix in the Historic Preservation Design Guidelines may be approved administratively
in accordance with applicable ordinances. Historic Preservation Design Guidelines. and
Secretary of the Interior Standards for Rehabilitation.
(4) Conditions: Conditions may be imposed pursuant to 2.4.4(C) and to insure
compliance with the Standards contained in 4.5.1.
6
ORD. NO. 68-06
(5) Findings: Thc BOltt'6 must fttilke Prior to approval a finding must be made that
any Certificate of Appropriateness which is to be approved is consistent with Historic
Preservation purposes pursuant to Objective A-4 of the Land Use Element of the
Comprehensive Plan and specifically with provisions of Section 4.5.1.. the Delray Beach
Historic Preservation Design Guidelines. and the Secretary of the Interior Standards for
Rehabilitation.
Section 5. That Section 3.2.4, "Standards for Specific Areas or Purposes", Subsection 3.2.4(E),
"Historic Districts and Sites", of the Land Development Regulations of the Code of Ordinances of the City of
Delray Beach, Florida, is hereby amended to read as follows:
Section 3.2.4 Standards for Specific Areas or Purposes:
(E) Historic Districts and Sites: That the proposed development is consistent with the
purpose and provisions of the Historic Preservation Overlay District pursuant to LDR Section 4.5.1.
and the Delray Beach Historic Preservation Design Guidelines and the SecretatJ of the Interior
Standards for Rehabilitation.
Section 6. That Section 4.1.4, "Use of Lots of Record", Subsection 4. 1. 4 (E) , of the Land
Development Regulations of the Code of Ordinances of the City of Delray Beach, Florida, is hereby amended to
read as follows:
7
ORD. NO. 68-06
, '
Section 4.1.4 Use of Lots of Record:
Any lot, or parcel, which qualifies as a lot of record as set forth in these Regulations, but which does not
comply with respect to minimum lot area and minimum lot dimensions specified for the zoning district
in which it is located, may nevertheless be used (for purposes as allowed in that zoning district), as long
as it complies with all other requirements of that zoning district, subject to the following limitations:
(E) A variance for lot size. dimension and setbacks may be granted for the relocation of an
historic structure onto a lot regardless of the zoning district in order to protect the structure and assist
with protection of historic structures. If the relocation lot is not designated historic. then historic
designation shall be required in accordance with Section 4.5.1 (C) and shall be reviewed concurrendy
therewith in order for a variance to be granted. All variance requests for relocation of historic structures
must be submitted to the Historic Preservation Board in accordance with Sections 4.5.1 (0) and Q) for
consideration.
Section 7. That Section 4.3.3, "Special Requirements for Specific Uses", Subsection (Q), "Guest
Cottage", of the Land Development Regulations of the Code of Ordinances of the City of Delray Beach,
Florida, is hereby amended to read as follows:
Section 4.3.3 Special Requirements for Specific Uses:
(Q) Guest Cottage:
(1) Can only be used by members of the family occupying the principal dwelling,
their nonpaying guests, or persons employed for service on the premises.
(2) The structure shall not occupy more than 1/20th of the lot area and in no case
shall exceed a floor area of 700 square feet.
(3) The structure shall be located to observe the setback requirements as imposed
for the principal structure.
(4) When located on individually designated historic properties or within designated
historic districts. the structure shall not exceed the height of the principal structure.
Section 8. That Section 4.4.17, "Residential Office (RO) District", Subsections 4.4.17 (A), "Purpose
and Intent" and 4.4.17 (G), "Supplemental District Regulations", of the Land Development Regulations of the
Code of Ordinances of the City of Delray Beach, Florida, are hereby amended to read as follows:
8
ORD. NO. 68-06
Section 4.4.17 Residential Office (RO) District:
(A) Purpose and Intent: The Residential Office (RO) District provides for mixed use of a
neighborhood office and residential nature. The RO District is appropriate as:
(1) A transitional land use between a commercial or industrial area and a residential
area.
(2) An incentive zoning in older residential areas which are In the need of
redevelopment or revitalization or are in a state of transition.
(3) To accommodate professional offices which will meet needs of nearby
neighborhoods.
(4) An incentive land use for historic districts and/or individually designated
historic properties to provide for the rehabilitation of residential structures into office use.
(G) Supplemental District Regulations: The supplemental district regulations as set forth
in Article 4.6 shall apply except as modified and added pursuant to the following:
(1) All uses shall be in completely enclosed buildings and any outdoor storage is
expressly prohibited.
(2) Parking required for business and professional offices shall be at the standard of
one space per three hundred square feet of total floor area (1/300). However, this requirement
may be reduced to 1/400, or at least by one parking space, when there is a mix of residential
and office use in the same structure or when there is an existing structure on a property located
within a designated historic district or an individually designated historic site.
Section 9. That Section 4.4.24, "Old School Square Historic Arts District (OSSHAD)",
Subsections 4.4.24(D), "Conditional Uses and Structures Allowed" and 4.4.24 (H) , "Special District
Regulations", of the Land Development Regulations of the Code of Ordinances of the City of Delray Beach,
Florida, are hereby amended to read as follows:
Section 4.4.24 Old School Square Historic Arts District (OSSHAD)
(D) Conditional Uses and Structures Allowed: The following uses are allowed as
conditional uses within the OSSHAD:
DELETED (1).L1ND (2).L1ND RENU},1.BERED.
(1) Outdoor dining which operates at night or which is the principal use or purpose
of the associated restaurant.
(2) Adult Congregate Living Facilities, Residential Licensed Service Provider
Facilities subject to restrictions set forth in Section 4.3.3(D), Child Care, Adult Day Care,
Continuing Care, Convalescent Homes, and Nursing Homes.
9
ORD. NO. 68-06
, .
(3) Public Parking lots not associated with a use.
(4) Residential-type inns, not to exceed more than eighteen (18) individually leased
suites or rooms per acre.
(5) Group Home, Type 2, and Community Residential Homes, pursuant to
restrictions set forth in Section 4.3.3(1).
(H) Special District Regulations:
(1) The gross floor area of residential units within a structure containing permitted
non-residential use(s) shall not ttSe exceed more than 50% of the gross floor area of the entire
structure within which they are located.
Section 10. That Section 4.5.1, "Historic Preservation Sites and Districts", Subsections 4.5.1 (B),
"Criteria for Designation of Historic Sites or Districts", 4.5.1(E), "Development Standards", 4.5.1 (F),
"Restrictions on Demolitions", 4.5.1(1), "Historic Preservation Board to Act on Site Plans, Landscape Plans,
and Architectural Elevations", and 4.5.1(L), "Designation of Historic Districts" of the Land Development
Regulations of the Code of Ordinances of the City of Delray Beach, Florida, are hereby amended to read as
follows:
Section 4.5.1 Historic Preservation Sites and Districts:
(B) Criteria for Designation of Historic Sites or Districts:
(1) To qualify as a historic site, or historic district, or historic interior, or historic
structure. individual properties, structures, sites, or buildings, or groups of properties,
structures, sites, or buildings must have significant character, interest, or value as part of
the historical, cultural, aesthetic, and architectural heritage of the city, state, or nation. To
qualify as a historic site or historic district, the property or properties must fulfill one or more of
the criteria set forth in division (2) or (3) below; to qualify as a historic interior the interior must
fulfill one or more of the criteria set forth in division (2) and meet the criteria set forth in
divisions (3)(b) and (3)(d).
(E) Development Standards: All development of individually desigpated historic properties
and/ or properties located within historic districts. shall comply with the goals. objectives. and policies of
these regulations. the Comprehensive Plan. the Delray Beach Historic Preservation Desigp Guidelines.
and the Secretar.y of the Interior Standards for Rehabilitation.
(1) Exterior Architectural Features. For the purpose of this Section, exterior
architectural features will shall include, but not be limited to the following:
(a) The architectural style, scale, general design, and general arrangement of
the structure's exterior;
10
ORD. NO. 68-06
, .
(b) The type and texture of building material; and
(c) The type and style of all roofs, windows, doors, and signs.
(2) Survey Area. For the purposes of this section. the survey area shall be confined to
the historic district. and the term survey area shall mean:
(a) The two (2) nearest homes on each side of the lot to be developed. if
homes are across public right-of-way. they are to be utilized:
(b) Any home direcdy to the rear of the lot to be developed: and
(c) The four (4) nearest homes across the public right-of-way to the front of
the lot to be developed.
(d) If any of the lots on either side of the subject lot. or across the public
right-of-way is a vacant lot or a commercial lot. then it is to be removed from the
calculation. and replaced by the next nearest lot that is not a vacant or commercial lot.
(e) In the event that strict compliance with 4.5.1 (E) (2) (a). (b). or (c) above is
determined to be impossible due to topography. zoning or historic district boundaries.
city limits. or other logistical matters. the Director of the Planning and Zoning
Department shall determine the Survey Area as stricdy as possible in compliance with
4.5.1(E)(2) (a). (b). Cc). and Cd) above.
(3) Average. For the purposes of this section. the term "average" is hereby defined
as the sum of the applicable measurements for the existing homes located in the survey area.
excluding the homes with the highest and lowest measurement (unless there are four (4) or less
existing homes in the survey area). respectively. divided by the number of homes for which
measurements are included in the sum.
(4) Infill Development Infill development standards shall not apply to
individually desig11ated properties. sites. buildings and structures. For the purposes of this
section. the term infill development shall mean:
(a) construction of a new structure on a vacant lot: or
(b) additions involving the construction. reconstruction. or alteration of
any part of the front facade: or
(c) the construction. reconstruction. or alteration of twenty-five percent
(25%) or more of the exterior envelope of an existing structure and all appurtenances
thereto. For purposes of this section. all limitations and regulations shall be reviewed in a
11
ORD. NO. 68-06
, -
cumulative manner from the date of passage of this ordinance March 20. 2007.
~)(5) BuildinJtS, Structures. Appurtenances and ParkitJR_ The foD()'\\":~ Buildin~.
structures.appurtenances and parking shall only be moved, reconstructed, altered, or maintained,
in accordance with this chapter, in a manner that will preserve the historical and architectural
character of the building, structure, site, or district:
(ll) BtHltlings, stmet.ures, apptl:t'teflltflees.
w.w Appurtenances~ Appurtenances includes, but is are not limited to, stone
walls, fences, light fixtures, steps, paving, sidewalks, signs, and accessory structures.
~.1. Fences and Walls:
t.- a. Chain-link fences shall be clad in a green or black vinyl
and shall only be used in rear yards. or where they are not visible from the
street.
it.- b. All other provisions in Section 4.6.5 shall apply.
2. Garages and Carports: Where a majority of existing structures
have garages or carports within the survey area. the infill may include a garage or
carport. Where a majority of existing structures do not have garages or carports.
those elements are to be discouraged from view of the public right-of-way.
a. The following compatibility standards shall apply to infill
development:
i. The ~e frontage shall not vary more than ten
percent (10%) from the average wu:age fronta~ within the survey
area.
ii. The orientation of wu:a~s and carports shall be
consistent with the majority of such structures within the survey
area. Where possible. Ratages and carports shall be oriented and
entered from the side or rear of the infill home. and out of view
from the public ~ht of way.
111. Each home shall not have more than one Rata~
with a holding capacity of two (2) vehicles. Garages shall have
single bay doors only.
~(b) Par)cing:
1. Where feasible. alternative methods of meeting minimum parking
standards contained in Sections 4.6.9(c)(8) and/or 4.6.9(E)(8)(a) shall be explored
12
ORD. NO. 68-06
. 1 I i
to avoid excessive use of historic properties and/or properties located in historic
districts for parking. Parking lots shall strive to contribute to the historic nature of
the properties/districts in which they are located rather than detract by use of
creative desigp and landscaping elements to buffer parking areas from historic
structures. At a minimum. the following options shall be considered:
a. Locate parking adjacent to the building or in the rear.
b. Screen parking that can be viewed from the public ri,ght-
of-way with fencing. landscaping. or a combination of the two pursuant to
Section 4.6.5.
c. Utilize existing alleys to provide vehicular access to
buildings.
d. Construct new curb cuts and street side driveways only in
areas where they are appropriate or existed historically.
e. Use appropriate materi~ls for driveways. such as concrete
poured in ribbons.
f. Avoid driveway expansions and circular drives.
2. Waivers may be granted by the Historic Preservation Board for
relief of a literal interpretation of Section 4.6.9 upon presentation of confirmation
that adequate parking for a proposed use may be achieved by alternate means. as
confirmed by the City Engineer. and which are found to be in keeping with the
provisions and intent of the Delray Beach Historic Preservation Design
Guidelines.
~.(0 Alterations. In considering proposals for alterations to the exterior of historic
buildings and structures and in applying development and preservation standards, the
documented, original design of the building may be considered, among other factors.
-t41 OJ. Standards and Guidelines. A historic site, or building, structure. site,
improvement, or appurtenance within a historic district shall be altered, restored, preserved,
repaired, relocated. demolished. or otherwise changed in accordance with the Secretary of the
Interior's Standards for Rehabilitation and the Delray Beach Historic Preservation Desigp
Guidelines, as amended from time to time.
$).au Relocation. Relocation of historic buildings and structures to other sites shall not
take place unless it is shown that their preservation on their existing or original sites is not
consistent with the purposes of this Section or would cause undue economic hardship to the
13
ORD. NO. 68-06
, .
property owner.
{61.(2). Demolition. Demolition of historic sites, archaeological sites, or buildings,
structures, improvements, and appurtenances within historic districts will be regulated by the
Historic Preservation Board in the manner described in Section 4.5.1 (P). Applications submitted
for a demolition shall be accompanied by a complete application for redevelopment of the
property. Approvals for demolition shall not be w=anted and the demolition shall not occur until
the redevelopment application has been approved and a building permit has been issued for the
redevelopment.
(7) The COfi:itft1etiofi of fiew btHldiftgs or :itrtlehtre:i, or the reloe:atlofi, alteration,
reeoftstmetfofi, or major repair or ~nllnce of II non contributing building or struehtre within
II dcsignated historie ~tfiet :ihall meet the same compatibility standards as anJ ftlilocMl eftllflge ifl
the e:xre1'ior appeltfitnce of lln emsting fion wntftbuting building. ..\ay mllte:rtitl change ifl the
exterior appeltfitftee of llfl)' existing non wntributffig building, structure, or appUftellilfiee ifl a
designllted historic dl:itflet shall be geaerally compatible with the fol'ffi, proportion, ftlilSS,
eonfigurlltion, building maocrial, texture, wlor, and lOClltiofl of historic buildings, stme:htres, or
sites adjoifring or reasoMbly appro~oc to the non eOfitributiag b\:lilding, stme:htre, or site.
f81.um Visual Compatibility Standards. Visual compatibilil;y of infill development
within a desi.gnated historic district shall be determined by comparison to structures within the
survey area. Visual compatibilil;y of all non-in fill development and all-improvements to buildings,
structures, and appurtenances within a de~ocd historte dlstf:it:t shall be determined by
comparison to structures within the entire historic district vi3t:HlRy eomt'lltible. Visual
compatibility shall be determined in terms of by all of the following criteria. (a) thro~h (n)
inclusive:
(a) He~ht: The height of proposed development buildift~ or modifiattiofts
shall be visually compatible in comparison or relation to the height of existing structures and
buildings in a historic district. Visual compatibilil;y with relation to he~ht shall be determined
through application of the following height requirements:
1. Building Height Plane: The building height plane technique
helps set back the overall height of a building from the front property line. The
higher the building the more setback is required.
a. The building height plane line is extended at an inclined
angle from the intersection of the front yard property line and the zero
datum grade for a lot. or seven and one half feet above mean sea level
whichever is higher. The inclined angle shall be established at a 2:1 ratio
for single-family residential and duplex uses. and a 2:1.5 ratio for
Commercial. Mixed-Use and Multi-Family structures. See examples below.
14
ORD. NO. 68-06
wi
zl
::;1
~I
~I
f:;1
:;:,
~I
51
3'1
REAR
SET BACK
NO BUilD
ZONE
,. ~.---MAX 35' HT
MAX 35. HT
/' 22 S'! HISTORIC
;;;;.-- ----- - - --- -2SrORYH'f --- - ---
21St HISTORIC
-- ---- - - -"2sTol:fY-HT- --- -- -----
E:.o~L____ "00
r:- 25 0 --J....J
--- 30 0.--
--~ 35.0- ---.I<
150,0'
REAR
SETBACK
BUILDING HEIGHT PLANE
AT 2:1 RATIO
BUILDING HEIGHT PLANE
AT 2:1.5 RATIO
2.
First Floor Maximum Height:
a. Single-story structures or first floor limits shall be
established by:
i. Height from finished floor elevation to top of
beam (tie or bond) shall not exceed twelve feet (12').
11. Mean Roof Height shall not exceed sixteen feet
.(1Q1
111. Any portion exceeding these dimensions shall be
considered a multi-story structure.
IV. See example below:
12 ROOF PITCH MAY VARY
6[~
//
lD
p
F.F.E.
3. Upper Story Height and Setbacks:
a. Height from finished floor elevation to finished floor
elevation or top of beam (tie or bond) shall not exceed twelve feet (12').
15
ORD. NO. 68-06
b. To respect the current neighborhood scale and space
between buildings. an increased upper floor side setback of five feet (5')
on each side shall be required. except for those architectural styles that
require a flush wall from one floor to the next (i.e.. mission). in which case
the additional five foot (5') setback shall be required for all floors.
4. Number of Stories: Number of stories for infill development
shall be within a half story of the average number of stories of existing single-
family structures within the survey area. The number of stories shall be
represented as an average measure of wholes and halves as opposed to fractions
of wholes or halves (i.e. if the survey area consists of mosdy single stot;y
structures. then the second stot;y square footage shall not exceed fifty percent
(50%) of the total square footage of the first floor.
(b) Front Fa~ade Proportion: The front fa<;ade of each building or
structure shall be visually compatible with and in direct relationship to the width of the
building and to the height of the front elevation of other adjacent or adjoining buildings
within a historic district.
(c) Proportion of Openings (Windows and Doors): The openings of any
building within a historic district shall be visually compatible with the openings
exemplified by the prevailing historic architectural styles within the district. The
relationship of the width of windows and doors to the height of windows and doors
among buildings within the district shall be visually compatible.
(d) Rhythm of Solids to Voids; Prast Paeatles: The relationship of solids
to voids ifl the frofit fllellde of a building or structure will shall be visually compatible with
the &oat fllellde~ of historic buildings or structures within the district. with particular
attention paid to the front facades.
(e) Rhythm of Buildings on Streets: The relationship of buildings to open
space between them and adjoining buildings shall be visually compatible with the
relationship between historic sites, buildings, or structures within a historic district.
(f) Rhythm of Entrance and/or Porch Projections: The relationship of
entrances and porch projections to the sidewalks of a building shall be visually compatible
with the prevalent architectural styles of entrances and porch projections on historic sites,
buildings, and structures within a historic district.
(g) Relationship of Materials, Texture, and Color: The relationship of
materials, texture, and color of the facade of a building and/or hardscaping shall be
visually compatible with the predominant materials used in the historic sites, buildings,
and structures within a historic district.
16
ORD. NO. 68-06
1. All exterior finishes shall be either brick. stone. masoru;y. wood.
masoru;y composite. or such other similar exterior finish as may be approved by
the Historic Preservation Board in the reasonable exercise of their professional
opUl1on.
(h) Roof Shapes: The roof shape. including type and slope. of a building or
structure shall be visually compatible with the roof shape of the existing historic building
stock of II hi~torit: site, btJ:ildi.ng, or strl:1ctufe within the subject it-historic district or survey
area. as applicable.
1. For infill development. where a majority of existing homes within
the survey area have a roofline that is parallel to the street. the infill structure shall
be so oriented. Where the main roofline of a majority of the existing homes in the
survey area runs perpendicular to the street. the infill home shall be so oriented.
(i) Walls of Continuity: Appearances of a building or structure such as
walls, wrought iron, fences, evergreen landscape masses, or building facades, shall form
cohesive walls of enclosure along a street to insure visual compatibility of the building to
historic buildings, structures, or sites to which it is visually related.
1. Swimming pool fences shall be desigJ1ed in a manner that
integrates the layout with the lot and structures without exhibiting a utilitarian or
stand-along appearance.
2. Fences and walls over four feet (4') should not extend past the
Building Plane where visible from the public right-of-way.
G) Scale of a Building: The size of a building, the building mass in relation
to open spaces, windows, door openings, balconies,--ftftd porches. and lot size shall be
visually compatible with the building size and building mass of historic sites, buildings,
and structures within a historic district. To determine whether the scale of a building is
appropriate. the following shall apply:
1. Angle of Vision: The building angle of vision regulation is used
to manage the bulk of a building at or near the front setback line and is applied to
achieve compatibility. The wider the house. the more it will have to be set back.
This technique helps to reduce the shape of the building as it is perceived from the
street. The angle of vision shall be determined as follows:
a. Create a line perpendicular to the front yard property line.
b. Create two (2) forty degree (4Oj angles on either side of
17 ORD. NO. 68-06
, . ' ..
the line extending from the intersection of the front property line and the
perpendicular line.
i. The vertex of the angle can slide anywhere along
the front property line to establish/identify any areas of impact
where a structure cannot be built.
ii. For lots exceeding one hundred feet (100') in width.
the base angles of vision forty degrees (40) on either side) shall
both be increased by two degrees (2) for each ten feet (10') of
increased lot width up to a maximum of one hundred forty feet
140 wide. See exam le below.
r
~
t'2" l
BUILDABLE
AREA
@
. 8Ft8A(".I( MFA
8U11..OIo8Lt AAE.A . NO BUIlD AREA
(k) Directional Expression of Front Elevation: A building shall be visually
compatible with the buildings, structures, and sites in its directional character, whether
vertical, horizontal, or non directional.
1. For infill development. the infill structure shall have a similar
orientation to the street as the majority of the existing structures within the survey
area.
0) Lot Coverage: Lot Coverage is the area or "foot print" in the ground
plane within the building envelope occupied by the principal structure and any accessory
structures. Usually expressed as a percentage. the following lot coverage requirements
shall be applied to achieve compatibility and be determined by dividing the total square
18
ORD. NO. 68-06
, .
feet under roof on the ground plane (building footprint) by the lot size (converted to
square feet). see example below:
1. Example: 2.625 Sq.Ft. on the ground plane -;-.7.500
Sq.Ft.(75' x 100' lot size)= 35% Lot Coverage.
2.
follows:
The maximum lot coverage for infill development shall be as
a. For infill development in all historic districts. the
maximum lot coverage shall be limited to the lesser of one
(1) of the following:
1. The average footprint of the survey area~ or
11. The average lot coverage of the survey area~ or
111. Thirty-five percent (35%) for Nassau Street
Historic District:. or
IV. Thirty percent (30%) for Del-Ida Park. Marina.
West Settlers. and Old School Square Historic
Districts.
3. Additions to contributing structures may increase lot cover~e to:
a. Forty percent (40%) for Nassau Street Historic District:.
and
b. Thirty-five percent (35%) for Del Ida Park. Marina. West
Settlers. and Old School Square Historic Districts.
(m) Additions to Existing Structures. Visual compatibility of additions to
existing structures shall be accomplished as follows:
1. Additions shall be located as inconspicuously as possible and to
the rear or least public side of a building.
2. Additions or accessoJ;y structures shall not be located in front of
the established front wall plane of a historic building.
3. Characteristic features of the original building shall not be
destroyed or obscured.
19
ORD. NO. 68-06
. ,
4. The addition shall be designed and constructed so that the basic
form and character of the historic building will remain intact if the addition is ever
removed.
5. Additions shall not introduce a new architectural style. mimic too
closely the style of the existing building nor replicate the original desigJI. but shall
be coherent in design with the existing building.
6. Additions shall be secondary and subordinate to the main mass of
the historic building and shall not overwhelm the original building.
f97 VisuM cOffil'fttibility ~tafldaffis ~1.R be furthcr <Wleussed in greater detail in
the Dekay Beach Preservation and Conservation Manual. Said MM1UM w1ll be developed
as a guide to a~si~t property O'\\'flers as they seek to flOm1nate their properties for
designation as a historic site or to designaoc an area within the city a3 a historic di3tftet.
(11) Visual Compatibility Incentives. In order to provide desigJI
flexibility for structures that otherwise satisfy the Visual Compatibility Standards outlined
in Section 4.5.1(E)(10). incentives for additions to existing structures and/or new infill
development shall include the following:
a. Open Air Spaces: The ratio of the Building Height Plane (BHP)
for single family structures can increase from 2:1 to 2:1.5 for open air spaces
limited to: first or second floor front porches (separation must be provided
between floors). first or second floor side porches (separation must be provided
between floors). balconies. and overlooks with open railings (see example below):
and
BUILDING HEIGHT PLANE NORTH (SIDE) ELEVATION
b. Square Footage: Up to twenty five percent (25%) of the front
elevation(s) of single family structures can extend above the Building Height Plane
(BHP) to a maximum height of thirty five feet (35'). provided twenty five percent
20
ORD. NO. 68-06
, .
(25%) or more of the front elevation(s) remains one story. Along the front
elevation(s). the total width of extension shall not exceed eighteen feet (18'). See
example below.
>
.
~
~'1 ~
. I? .
-41'10 ~~
SIDE VIEW
0= ALLOWED ABOVE BHP,
NOT TO EXCEED 35' MAX
r::::zl = MUST BE UNDER BHP
_ = 25% OR MORE OF FRONT
FACADE(S) MUST REMAIN
1 STORY
I"'
FRONT VIEW
c. Lot Coverage: The footprint of infill structures may exceed the
average for the survey area provided the lot coverage shall not exceed the average
for the survey area or the maximum for the district. whichever is less. and any
second floor portion shall not exceed fifty percent (50%) of the average survey
area footprint. See example below.
21
ORD. NO. 68-06
Example: New Infilll Singe Family I Del Ida
Lot Size 11,400 sq.ft.
Survey Area Results:
Avg. Footprint sq.ft. = 2,204*
Avg. Lot Coverage = 26% (11,400 x .26 = 2,964 sq.ft.)
Max. Lot Coverage in District = 30% (11,400 x .30 = 3,420 sq.ft.)
Upper Story @ 50% Max. (2,204 x .5 = 1,102 sq.ft.)
First Floor = 2,204 sq. ft.
Total square footage (2,204 + 1,102 = 3,306 sq.ft.)
Incentive = 760 sq.ft.
.To detennine the max. first floor square footage, select the lesser of the
average footprint square footage in the survey area or the max. lot coverage
for the District.
In the above example, the fonner is less.
(F) Restrictions on Demolitions: No structure within a Historic District or on an Historic
Site shall be demolished without first receiving a Certificate of Appropriateness pursuant to Section
2.4.6(H) for that purpose. The Historic Preservation Board shall be guided by the following in considering
such a request.
(1) The Historic Preservation Board upon a request for demolition by a property
owner, shall consider the following guidelines in evaluating applications for a certificate of
appropriateness for demolition of designated historic sites, historic interiors, or buildings,
structures, or appurtenances within designated historic districts;
(a) Whether the structure is of such interest or quality that it would
reasonably fulfill criteria for designation for listing on the national register.
(b) Whether the structure is of such design, craftsmanship, or material that it
could be reproduced only with great difficulty or economically nonviable expense.
(c) Whether the structure is one of the last remaining examples of its kind in
the designated historic district within the city.
(d) Whether retaining the structure would promote the general welfare of the
city by providing an opportunity to study local history, architecture, and design, or by
developing an understanding of the importance and value of a particular culture and
heritage.
(e) Whether there are ddiflite approved plans for immediate reuse of the
22
ORD. NO. 68-06
property if the proposed demolition is carried out, and what effect those plans will have
on the ehMM:tt:r of the surrounding area.
(2) No decision of the Board shall result in undue economic hardship for the
property owner. The Board shall have authority to determine the existence of such hardship in
accordance with the definition of undue economic hardship found in Subsection (H).
(3) The Board's refusal to grant a Certificate of Appropriateness requested by a
property owner for the purpose of demolition will be supported by a written statement describing
the public interest that the Board seeks to preserve.
(4) The Board may grant a Certificate of Appropriateness as requested by a property
owner, for demolition which may provide for a delayed effective date. The effective date of the
certificate will be determined by the Board based on the relative significance of the structure and
the probable time required to arrange a possible alternative to demolition. the Board may delay
the demolition of designated historic sites and contributing buildings within historic districts for
up to six months while demolition of non-contributing buildings within the historic district may
be delayed for up to three months.
(5) During the demolition delay period, the Board may take such steps as it deems
necessary to preserve the structure concerned. Such steps may include, but are not limited to,
consultation with community groups, public agencies, and interested citizens, recommendations
for acquisition of property by public or private bodies, or agencies, and exploration of the
possibility of moving one or more structures or other features.
(6) The Board may, with the consent of the property owner, request that the owner,
at the owner's expense, salvage and preserve specified classes of building materials, architectural
details and ornaments, fixtures, and the like for reuse in the restoration of the other historic
properties. The Board may, with the consent of the property owner, request that the Delray
Beach Historical Society, or the owner, at the owner's expense, record the architectural details for
archival purposes prior to demolition. The recording may include, but shall not be limited to
photographs, documents, and scaled architectural drawings to include elevations and floor plans.
Two (2) copies of such recordings shall be submitted to the City's Planning and Zoning
Department. One (1) to be kept on file and the other to be archived with the Delray Beach
Historical Society. At the Board's option, and with the property owner's consent, the Board or
the Delray Beach Historical Society may salvage and preserve building materials, architectural
details, and ornaments, textures, and the like at their expense, respectively.
(}) The owner shall provide the following information on his/her application for any
contributing structure in a historic district or individually designated historic structure:
(a) A certified report from a registered architect or engjneer which provides
documentation explaining that the building is structurally unsound and is damaged
23
ORD. NO. 68-06
beyond the ability to repair it at a reasonable cost. The report must include photographs
to substantiate the damage.
(b) A certified report from an engjneer. architect. general contractor. or other
qualified professional which documents the projected cost of repairing the structure and
returning it to a safe and habitable condition.
(c) An appraisal of the property in its current condition. its value as vacant
land and its potential value as a preserved and restored historic property.
(d) Documentation that reasonable efforts have been made to find a suitable
alternate location for the structure within the City of Delray Beach to which the
contributing/ individually designated historic structure could be safely relocated.
(I) Historic Preservation Board to Act on Site Plans, Landscape Plans, and
Architectural Elevations: Pursuant to the powers granted in Section 2.2.6(D), the Historic Preservation
Board shall act on all development applications, within a Historic District or on a Historic Site, subject to
processing under Sections 2.4.5(F) , (G), (H), and (I) which otherwise would be acted upon by the Site
Plan Review and Appearance Board Of the Phtflaing and Zoning Board.
(L) Designation of Historic Districts: The following Historic Districts are hereby affirmed
or established:
(1) ~NASSAU STREET HISTORIC DISTRICT which consists of Lots 2-
19 of Nassau Park, as recorded in Plat Book 16, page 67 of Palm Beach County, Florida; Lots
1-12 of Wheatley Subdivision, as recorded in Plat Book 16, page 98 of Palm Beach County,
Florida; and Block E, Lot 4 and Block F, Lot 1 of John B. Reid's Village as recorded in Plat
Book 21, page 95 of Palm Beach County, Florida. (Original designation by Ordinance 97-87
adopted on January 12, 1988)
(2) ~ MARINA DISTRICT which consists of Block 125, excluding the south
350' of the north 488.6' of the west 100' of Block 125, along with that part of Block 133 lying
west of the Intracoastal Waterway, together with the east half of Block 118, along with all of
Block 126, together with that portion of Block 134 lying west of the Intracoastal Waterway,
along with east half of Block 119, together with all of Block 127, along with the east half of
Block 120, and all of Block 128, all within the Town of Linton Plat, as recorded in Plat Book 1,
Page 3, Palm Beach County Records (Original designation by Ordinance 156-88 adopted on
December 20, 1988)
(3) DEL-IDA PARK which consists of Blocks 1 through 13, inclusive, along with
Tracts A, B, and C DEL-IDA PARK, according to the Plat thereof on file in the Office of the
Clerk of the Circuit Court in and for Palm Beach County, Florida recorded in Plat Book 9 at
Page 62 (Original designation by Ordinance 9-88 adopted on March 22, 1988)
24
ORD. NO. 68-06
(4) OLD SCHOOL SQUARE which consists of the south one-half of Block 57
and Blocks 58-62, Blocks 65-70, the west half of Blocks 74 and 75, and Lots 1-6 of Block 76,
Town of Linton Plat, as recorded in Plat Book 1, Page 3, Palm Beach County Records.
(Original designation by Ordinance 1-88 adopted on February 9, 1988).
(5) ~ WEST SETTLERS HISTORIC DISTRICT is bounded on the north
by Martin Luther King, Jr. Boulevard (N.W. 2nd Street). The eastern boundary is as follows:
the alley running north and south in Block 43; N.W. 3rd Avenue between N.W. 1st Street and
the east-west alley of Block 36. The southern boundary is N.W. 1st Street between N.W. 3rd
Avenue and the alley in Block 43; the east-west alley in Block 36 and Block 28 and the south
property line of Lot 13, Block 20. The western boundary is the north-south alley and the
eastern one-half (1/2) of the block south of the alley of Block 19; the north-south alley in the
north half of Block 20.
Section 11. That Appendix "A", "Definitions", of the Land Development Regulations of the Code of
Ordinances of the City of Delray Beach, Florida, is hereby amended to read as follows:
CONTRIBUTING BUILDING - A building contributing to the historic significance of a district which
is typically more than fifty (50) years old and which by virtue of its location, design, setting, materials,
workmanship, or association with local historic events or personalities lends to the district's sense of time
and place within the context of the intent of historic preservation. A building that is more than fifty (50)
years old shall be presumed to be contributing whether listed as such on a surveyor not.
HARDSCAPE - Consists of the inanimate elements of landscaping. especially masonry or wood work
such as concrete or brick patios. tile paths and wooden decks.
NON-CONTRIBUTING BUILDING - A building within a historic district which is typically less than
fifty (50) years old and which does not add to a historic district's sense of time and place and historical
development; or a building where the location, design, setting, materials, workmanship, and association
have been so changed or have so deteriorated that the overall integrity of the building has been
irretrievably lost.
Section 12. 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 13.
hereby repealed.
That all ordinances or parts of ordinances in conflict herewith be, and the same are
25
ORD. NO. 68-06
Section 14.
final reading.
That this ordinance shall become effective immediately upon its passage on second and
PASSED AND ADOPTED in regular sess10n on second and final reading on this _ day of
,2007.
ATTEST:
MAYOR
City Clerk
First Reading
Second Reading
26
ORD. NO. 68-06
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CITY OF DELRAY BEACH
NOTICE OF PROPOSED
AMENDMENT TO THE LAND
DEVELOPMENT REGULATIONS BY
AMENDING ALL REGULATIONS
PERTAINING TO HISTORIC SITES
AND DISTRICTS
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The City Commission of the City of Delray Beach, Florida, proposes to adopt the following
ordinance:
ORDINANCE NO. 68-06
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 SECTIONS 1.4.3, "ENFORCEMENT" AND 1.4.4,
"PENALTY", PROVIDING THAT NEGLECT SHALL CONSTITUTE A NUISANCE AND
PROVIDING FOR ENFORCEMENT AND PENALTIES; AMENDING SECTION 2.2.6,
"THE HISTORIC PRESERVATION BOARD", SUBSECTION (C), "MEETING AND
QUORUM", PROVIDING FOR VOTING; AMENDING SECTION 2.4.6, "PROCEDURES
FOR OBTAINING PERMITS", SUBSECTION (H), "CERTIFICATE OF APPROPRIATE-
NESS FOR HISTORIC SITES, STRUCTURES, AND IN HISTORIC DISTRICTS", BY
PROVIDING DOCUMENTATION FOR DEMOLITIONS; AMENDING SECTION 3.2.4,
'STANDARDS FOR SPECIFIC AREAS OR PURPOSES', SUBSECTION 3.2.4(E),
"HISTORIC DISTRICTS AND SITES", PROVIDING FOR AND INCORPORATING THE
DELRAY BEACH HISTORIC PRESERVATION DESIGN GUIDELINES AND THE SECRE-
TARY OF THE INTERIOR STANDARDS FOR REHABILITATION; AMENDING SECTION
4.1.4, "USE OF LOTS OF RECORD", SUBSECTION 4.1.4(E), TO PROVIDE FOR
VARIANCES; AMENDING SECTION 4.3.3, 'SPECIAL REQUIREMENTS FOR SPECIFIC
USES", SUBSECTION (Q), "GUEST COTTAGE" TO PROVIDE THAT HEIGHT SHALL
NOT EXCEED THAT OF MAIN STRUCTURE IN HISTORIC DISTRICTS; AMENDING
SECTION 4.4.17, "RESIDENTIAL OFFICE (RO) DISTRICT", SUBSECTIONS 4.4.17(A),
"PURPOSE AND INTENT", AND 4.4. 17(G), "SUPPLEMENTAL DISTRICT REGULA-
TIONS", PROVIDING FOR CONVERSION OF RESIDENTIAL STRUCTURES INTO
OFFICE USE IN HISTORIC DISTRICTS; AMENDING SECTION 4.4.24, "OLD SCHOOL
SQUARE HISTORIC ARTS DISTRICT (OSSHAD)', SUBSECTIONS 4.4.24(0), "CONDI-
TIONAL USES" AND 4.4.24(H), "SPECIAL DISTRICT REGULATIONS", PROVIDING
PUBLIC PARKING LOTS NOT ASSOCIATED WITH A USE ARE ALLOWED AS
CONDITIONAL USES AND CLARIFYING SPECIAL DISTRICT REGULATIONS; AMEND-
ING SECTION 4.5.1, "HISTORIC PRESERVATION SITES AND DISTRICTS", SUBSEC-
TION 4.5.1(B), "CRITERIA FOR DESIGNATION OF HISTORIC SITES OR DISTRICTS",
4.5.1(E), "DEVELOPMENT STANDARDS", 4.5.1(F), "RESTRICTIONS ON DEMOLI-
TIONS", 4.5.1(1), "HISTORIC PRESERVATION BOARD TO ACT ON SITE PLANS,
LANDSCAPE PLANS AND ARCHITECTURAL ELEVATIONS", AND 4.5.1 (L), "DESIGNA-
TION OF HISTORIC DISTRICTS", BY PROVIDING CLARIFICATION REGARDING
FENCES AND PARKING IN HISTORIC DISTRICTS, COMPATIBILITY STANDARDS,
ADDITIONAL REQUIREMENTS FOR DEMOLITION APPLICATIONS AND NAMES OF
HISTORIC DISTRICTS; AND AMENDING APPENDIX "A", "DEFINITIONS", TO PROVIDE
A NEW DEFINITION FOR "HARDSCAPE" AND AMENDING THE DEFINITIONS FOR
"CONTRIBUTING' AND "NON-CONTRIBUTING" STRUCTURES; PROVIDING A
SAVINGS CLAUSE, A GENERAL REPEALER CLAUSE AND AN EFFECTIVE DATE
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The City Commission will conduct two (2) Public Hearings for the purpose of accepting
public testimony regarding the proposed ordinance. The First ReadinglFirst Public
Hearing will be held on MONDAY MARCH 5, 2007 at 7:00 P.M. in the Commission
Chambers at City Hall, 100 N.W. 1 st Avenue, Delray Beach, Florida. If the proposed
ordinance is passed on First Reading, a Second Reading/Second Public Hearing will be
held on TUESDAY MARCH 20 2007 AT 7:00 PM. (or at any continuation of such meeting
which is set by the City Commission) in the Commission Chambers at City Hall, 100 N.W.
1st Avenue, Defray Beach, Florida.
All interested citizens are invited to attend the public hearing and comment upon the
proposed ordinance or submit 1heir comments in writing on or before the dale of this
hearing to the Planning and Zoning Department. For further information or to obtain
copies of the proposed amendment, please contact Amy Alvarez of the Planning and
Zoning Department, 100 N.W. 1st Avenue, Delray Beach, Florida 33444 (email at
pzmail@mydelraybeach.com), phone (561 )243-7040, between the hours of 8:00 a.m. and
5:00 p.m. on weekdays (excluding holidays).
Please be advised that if a person decides to appeal any decision made by the City
Commission with respect to any matter considered at this hearing, such person will need
a verbatim record of the proceedings, and for this purpose such person may need to
ensure that a verbatim record of the proceedings is made, which record includes the
testimony and evidence upon which the appeal is based. The City does not provide or
prepare such record pursuant to F.S. 286.0105.
PUBLISH: February 23, 2007
Tuesday, March 13, 2007
Boca Raton/Delray Beach News AD#NS0207302
CITY OF DELRAY BEACH
Chevelle D. Nubin, CMC
City Clerk
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CITY OF DELRAY BEACH
NOTICE OF PROPOSED
AMENDMENT TO THE LAND
DEVELOPMENT
REGULATIONS BY
AMEN-DIN-GALL
REGULATIONS PERTAINING
TO HISTORIC SITES AND
DISTRICTS
The City Commission of the City of Dclrsy Beach,. Florida. proposes to adopt the
following ordinance:
ORDINANCE NO 68-06
AN ORDINANCE OF THE CITY COMMISSION OF THE ('[TY OF DELRAY
BEACH, FLORIDA. AMENDING TIlE LAND DEVELOPMENT REGULATIONS
OF THE CITY OF DELRAY BEACH BY AMENDING SECTIONS IAJ,
"ENFORCEMENT' AND 1.4.4. "PENALTY", PROVIDING TIMT NEGLECT
SHALL CONSTITUTE A NlJISANCE ANDPROVIOING FOR ENFORCEMENT
AND PENALTIES; AMENDING SECTION 2.2.6, ''THE HISTORIC PRESERVA.
TION BOARD". SUBSECTION (C), "MEETlNG AND QUORUM". PROVIDING
FOR VOTING; AMENDING SECTION 2.4.6, "PROCEDURES FOR OBTAINING
PERMITS", SUBSECTION (H), "CERTIFICATE OF APPROPRIATENESS FOR
IIISTORlC SITES. STRUCTURES, AND IN HISTORIC DISTRICTS", BY PROVIa..
ING [)(X:1.fMENTATlON roR DEMOLITIONS; AMENDING SE(;nON 3.2.4,
"STANDARDS FOR SPECIFIC AREAS OR PURPOSES", SUBSECTlON 3.2.4(E).
"IlISTORIC DISTRICTS AND SITES", PROVIDING roR AND INCORPORATING
THE DELRAY BEACH HISTORIC PRESERVATlON DESIGN GUIDELINES AND
THE SECRETARY OF TilE INTERIOR STANDARDS FOR REIlAIllLlTATION;
AMENDING SECTION 4:1.4. "USE OF LOTS OF RECORD". SUBSECTION
4.1 .4(E), TO PROVIDE FOR VARIANCES; AMENDING SECTION 4.3.3. "SPECIAL
REQUIREMENTS FOR SPECIFIC USES", SUBSECTION (Q). "GUEST COTTAGE"
TO PROVIDE THAT HEIGIIT SHALL NOT EXCEED TIlAT OF MAIN STRUC-
TlJRE IN I.HSTORIC DlSTRlt;TS; AMENDING SECTION 4.4.17, "RESIDENTIAL
OFFICE (RO) DISTRICr', SlJBSECTIONS 4.4.17(A), "PURPOSE AND INTENT',
AND 4.4.17(0), "SUPPLEMENTAL DISTRICT REGULATIONS", PROVIDING
FOR CONVERSION OF RESIDENTIAL STRUCTURES INTO OFFICE USE IN
HPSTORiC DISTRICTS; AMENDING SECTION 4.4.24, "OLD SCHOOL SQUARE
HISTORIC ARTS DISTRICT (OSSIIAD)", SUBSECTIONS 4.4.24(0), "CONDI-
TIONAL USE.~"AND 4.4.24(H), "SPECIAL DISTRICTREGULATIONS". PROViD-
ING PUBLIC PARKING LOTS NOT ASSOCIATED WITH A USE ARE ALLOWED
AS CONDITIONAL USES AND CLARlFY1NG SPEClAL DISTRICT REGULA-
TIONS; AMENDING SECTION 4,5.1, "HISTORIC PRESERVATION SITES AND
DISTR1CTS". SUBSECTlON 4.5. I (B), "CRITERIA FOR DESIGNATION OF
HISTORIC SITE.~ OR DISTRICTS", 4.5.\(E), "DEVELOPMENT STANDARDS",
4.5.1(F), "RESTRICT.IONS ON DEMOLITIONS", AND 4.5.1(1), "HISTORlC
PRESERVATION BOARD TO ACT ON SlIE PLANS, LANDSCAPE PLANS AND
ARCHITECTURAL ELEVATIONS", BY PROVIDrNG CLARIFICATION REGARD-
ING FENCES AND PARKING IN HiSTORIC IiISTRlCTS, COMPATlBILITY
STANDARDS. AND ADDITIONAL REQIJlREMENTS FOR DEMOLITION
APPLICATIONS, AND AMENIiINO APPENorJ( "A'" "DEFINITIONS", TO
PROVIDE A NEW DEFINITION FOR "HARDSCAPE" AND AMENDING TIlE
DEFINITIONS FOR "CONTRIBUTING" AND "NON-CONTRIB1ITlNG" STRUC.
TURES, PROVID1NG A SAVINGS CLAUSE, A GENER.\L REPEALER CLAllSE
AND AN EFFECTIVE DATE.
The City Commission will conducuwo (2)Public Hearings for the purpose of-accepting
public .lestimony regatdio@..dle proposed ordiuance. The fll'St Public Hearing will be
held -on TUESDAY DRCEMBER 12 2006 AT 7,00 P.M. in the Commission
Chambers at City Hall. 100 N~W. 1:Q Avenue, Deltay Beach, Florida.. lfd\e proposed
ordinance is passed on fin.1 reading. a secOIldPllblic Hearing will be hl'ld on ~
.JANUARY 2.2007 AT 7,00 PM. (or at .my conliullation of such meeting which is set
by the Commiss;on) in the Commission Chambers at City Hall. 100 N.w' 1st Avenue.
Dclray Beach, Florida.
All interested citizcnsare invited to atfl.'nd the public hearings and comment upon the
proposed ordinance or submit their conun~nts in writing on or before dle date of these
hearings to the Planning and Zoning Dl.-parnnent. For further infortnation or tu 6btain a
copy of the prop:os~dordinance, please contact the Planning. and Zoning. Department,
Cily Hall, 100 N.W. 1st Avenue, Ddr.lY Beach. Florida 33444 (email at
Jlzmail~)mydelraybeach.com) or hy calling 561/243~7040). bet\\'een the hours of 8:00
a.m. and 5:00 p.m.. Monday through Friday, excluding holidays.
Please be advised that if a j>C1'so1l decides to appeal any decision made by the City
CommiS8ion wilh respect to any maner considered at these hearings. such pt.>rSon may
need to ensure that a verbatimrecorrl includes the lestimollY and e'lidence' upon which
lire appeal is to be ba5(.'(!. The dty does not provide nor pfCpare slIdl record pursuant to
F.S.286.0105.
CITY OF DELRAY BEACH
Chevelle D. Nubin, CMe
City Clerk
PUBLISH: Monday, December 4, 2006
Tuesday, December 26. 2(K16
llOCA RA1UN NEWS/DELRA Y BEACll NEWS
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CITY OF DELRAY BEACH
NOTICE OF PROPOSED
AMENDMENT TO THE LAND
DEVELOPMENT
REGULATIONS BY
AMENDING ALL
REGULATIONS PERTAINING
TO HISTORIC SITES AND
DISTRICTS
't1'k' City Commisiiion of the City of Delray Beach, Florida, proposes to adopt the fbtloWtllg
ordinance:
ORDINANCE NO. 68.jJ6
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AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELIlAY BEACH.
FLORIDA, AMENDING THE LAND DEVELOPMENT REGIJLAI10NS OF THE CITY OF
DELRAY BEACH BY A/VlENDING SECTIONS 1.4.3. "ENFORCEMENT" AND 1.4.4,
"PENAI.fY". PROVIDING THAT NEGLECT SHALL CONSTITUrE A NUISANCE AND
PROVIDING FOR ENFORCEMENT AND PENAUIES; AMENDING SECTION 2.2.6, "TILE
HISTORIC PRESERVAnON BOARD". SUBSECTION (C), '<MEFnNG AND QUOIUJM",
PROVIDING FOR VOTING: AMENDING SECTION 2.4.6, "PROCEDURES FOR OlJTA.lN.
ING PERMITS". SUBSECTION (H), 'U,RTfFlCATE OF API'ROPRIATENESS FOR
IIIS'IORIC SITES. STRUCTURES. AND IN HISTORIC DlSTRlCTS". BY I'ROVIDING
DOCUMEN1AIlON FOR DEMOLITIONS; AMENDING SECTION 3.2.4, "ST<\NDARDS
FOR SPECIFIC AREAS OR PURPOSES", SUBSECTION 3.2.4(E), "HISTORIC DISTRICTS
AND SITES". PROVIDING FOR AND INCORPORAllNG THE DELRAY BEACH
IlISTORIC PRESERVAflON DESIGN GUlDEUNES AND THE SECRET.'IRY OF THF
INTERIOR STANDARDS FOR REHAllIl.lTAl'lON; AMENDING SECTION 4.1.4. "USE OF
LOTS OF RECORD", SUBSECTION 4.1.4(E), TO PROVIDE FOR VARI...NCES: AMEND.
ING SECIlON 4.3.3, "SPECIAL REQUIREMENTS H1R SPECIFIC USES", SUBSLCTlON
(Q). "GUEST COTTAGE" TO PROVIDE THAI HEIGHT SHALl.. NOT EXCEED THAT OF
MAIN StRUCTURE IN HISTORIC DISTIUCTS; AMENDING SECTION 4.4.17, "RFSIDI'N-
TIAL OFFICE (RO) DISTRICT'. SUBSECTIONS 4.4.17(A). "PURPOSE AND INTENT",
AND 4.4.17(Gl, -SUPPLEMENTAL orSTRICT REGULATIONS", PROVIDING FOR
CONVERSION OF RESIDENTIAL STRUCTURES INTO OFFICE USE IN HISTORIC
DlS'I1UCrS; AMENDING SECTION 4.4.24, "Ol.D SCHOOL SQUARE HISTORIC ARTS
mSTRlCT (OSSHAD)". SUBSECTIONS 4.4.24(D). "CONDITIONAL USES" AND 44.24(1'1),
"SPECIAL DISTRICT REGUl.AHONS", PROVIDING PUBLIC PARKING l.OIS NOI
ASSOCIAlED WITH A LISE ARli ALLOWED AS CONDITIONAL USES AND CLARIFY.
ING SPECIAL DlSTRICT REGUl.ATlONS; !IMENDlNG SECllON 4.5.1, "HISTORIC
PRESERVATION SITES AND DISTRICTS", SUBSECTION 4.5.I(B). "CRITERIA fOR
DESIGN1\TION OF HISTORIC SITES OR DlSTRICTS". 4.5.1(1;), "DEVILOPMENT
SI~\NDARDS'" 4.5.1(1'). "RES'I1UCTlONS ON DEMOLlTIONS", AND 4.5.1(11, "HISTORIC
PRESERVAl'lON BOARD TO ACT ON SITE I'LANS, l.ANDSCAPE !'LANS AND
ARCHITECTURAL ELEVATIONS". BY PROVIDING CLARIFICATION REGARDING
FENCES AND PARKING IN HISTORIC DISTRICTS, COMPATlBILITYSl~\NDARDS, AND
AUlllTlONAL REQUIREMENTS FOR DEMOLITION APPLICAnONS: AND AMENDING
APPENDIX "A", "DEFINITIONS". TO PROVIDE A NEW DEFINITION FOI~ "HARD.
SCAPE" AND AMENDING THE DEFINITIONS FOR "CONTRIBUTING" AND "NON-
CONTRIBUTING" STRUCTURES: PROVIDING A SAVINGS CL\lJSE. A GENERAl
REPEALER CLAl.JSE AND AN EFFECTIVE DATE.
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The City Commissioll will COilducllViO (2) Public Hearings for the purpose or accepting public
testimony rcgarding the proposed ordinance. The tirS! Public Hearing will be held on TUESDAY.
DECEMBER 5. 2006. AT 7:00 P.M. in the COlllmission Chamh,'" al City Hall. 100 N. W. I >t
Avenue. Delray He-dell, Florida. lfthe proposed ordinance is pa.'ised on firsL feuding. a second
Public Hearing will be held 011 TUESDAY. JANUARY 2. 2007. AT 7:00 P.M, (or at any
continuation of slIch meeting which is set by the Commission) in the Commission Chaml:lcrs at
City Hall. 100 N.W. lstAvcnue, Del ray Beach. Florida.
All interested citizens arc invited to uttcndlhe puhlic h,,~arings and comment upon the proposed
ordinance or submit tb.cir comments in \witing on or before the dute of these hearings- to the
Planning and Zoning DepiJrtment. For further intormation or to obtain a copy of the propoo'it'd
ordimuu:e. pte.a5e contllct the Planning and Zoning Department, City Hall. 100 N. W. l.;Ol t'\vl.mue.
Dclray BCtR'oh, Florida 33444 {cmail ai pzmail(f4mydcltaybcut.:h.como, (If hy calling 561/243-
70401. belwec'Illhe hours ofR:OO a.m. and 5:00 p.m.. Monday through Friday, exeluding holidays.
PLEASE BE ADVISED 111A1' IF A PERSON DECIDES TO APPEAl. ANY DECISION MADE
BY TIlE Cny COMMISSION WlTIl RESPECT TO ANY MATTER CONSIDERED AT
THESE HEARINGS. SUCH PERSON MAY NEED TO ENSURE THAI A VERBAITM
RECORD lNCLUDES TilE TESTIMONY I\Nll EVIDENCE UPON WHICH THE APPEAL IS
'f{) BE BASED. THE CITY IXlES NOT PROVlDE NOR PREPARE SUCH RECORD
PURSUANT TO F.S. 2R6.01 05.
nTY OF DE.flAY BEACH
Chc"ellc n. Nuhill. CMC
City Clerk
I'UBL'SH: Monday, No"ember 27.2006
Tucsduy, Deecmber 26, 1006
BOCA RArON NEWSfOELRAY BEACH NEWS
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CITY OF DELRAY BEACH
NOTICE OF PROPOSED
AMENDMENT TO THE LAND
DEVELOPMENT
REGULATIONS
BY AMENDING ALL
REGULATIONS PERTAINING
TO HISTORIC SITES AND
DISTRICTS
Th<1 City CommiSSiOn of the City of Delray Beach, Florida, proposes to adopt the following
ordinance:
ORDINANCE NO. 68-06
AN ORDINANCE OF THE CITY COMMISSION Of THE CITY OF DEl-RAY BEACH, FLORIDA,
AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH
BY AMENDING SECTIONS 1.4.3, "ENFORCEMENT" AND 1.4.4. 'PENALTY', PROVIDING
THAT NEGLE:CT SHALL CONSTITUTE A NUISANCE AND PROVIDING fOR ENFORCEMENT
AND PENALTIES: AMENDING SECTION 2.2.6, 'THE HISTORIC PFlESE:RVATlDN BOARD',
SUBSECTION (C), "MEETING AND QUORUM", PROVIDING FOR VOTING; AMENDING
SECTION 2.4.6. "PROCEDURES FOR OBTAINING PERMITS', SUBSECTION (H), "CERTIFI-
CATE OF APPROPRIATENESS FOR HISTORIC SITES, STRUCTURES, AND IN HISTORIC
DISTRICTS", BY PROVIDING DOCUMENTATION FOR DEMOLITIONS; AMENDING SECTION
32.4, "STANDARDS FOR SPECIFIC AREAS OR PURPOSES', SUBSECTION 3.2.4(E),
"HISTORIC DISTRICTS AND SITES', PROVIDING FOR AND INCORPORATING THE DELRAY
BEACH HISTORIC PRESERVATION DESIGN GUIDELINES AND THE SECRE:TARY OF THE:
INTERIOR STANDARDS FOR REHABILITATION; AMENDING SECTION 4.1.4, "USE OF LOTS
OF RECORD', SUBSECTION 4.1.4(E). TO PROVIDE FOR VARIANCES; AMENDING
SECTION 4.3.3, 'SPECIAL REQUIREMENTS FOR SPECIFIC USES', SUBSECTION (Q),
'GUEST COTTAGE" TO PROVIDE THAT HEIGHT SHALL NOT EXCEED THAT OF MAIN
STRUCTURE IN HISTORIC DISTRICTS; AMENDING SECTION 4.4.17, "RESIDENTIAL
OFFICE (RO) DISTRICT", SUBSECTIONS 4.4.17(A), 'PURPOSE AND INTENT", AND
4.4.17(G), 'SUPPLEMENTAL DISTRICT REGULATIONS', PROVIDING FOR CONVERSION
OF RESIDENTIAL STRUCTURES INTO OFFICE USE IN HISTORIC DISTRICTS; AMENDING
SECTION 4.4.24. "OLD SCHOOL SQUARE HISTORIC ARTS DISTRICT (OSSHAD)', SUBSEC-
TIONS 4.4.24{D), 'CONDITIONAL USES" AND 4.4.24(H), "SPECIAL DISTRICT REGULA-
TIONS", PROVIDING PUBLIC PARKING lOTS NOT ASSOCIATED WITH A USE ARE
ALLOWED AS CONDITIONAL USES AND CLARIFYING SPECIAL DISTRICT REGULATIONS;
AMENDING SECTION 4.5.1, 'HISTORIC PRESERVATION SITES AND DISTRICTS", SUBSEC-
TION 4.5.1(B), "CRITERIA FOR DESIGNATION OF HISTORIC SITES OR DISTRICTS',
4.5.1{E), "DEVELOPMENT STANDARDS-, 4.5.1{F), "RESTRICTIONSDN DEMOLITIONS',
AND 4.5.1(1), 'HISTORIC PRESERVATION BOARD TO ACT ON SITE PLANS, LANDSCAPE
PLANS AND ARCHITECTURAL ELEVATIONS", BY PROVIDING CLARIFICATION REGARD-'
ING FENCES AND PARKING IN HISTORIC DISTRICTS. COMPATIBILITY STANDARDS, AND
ADDITIONAL REQUIREMENTS FOR DEMOLITION APPLICATIONS; AND AMENDING
APPENDIX "A", "DEfiNITIONS', TO PROVIDE A NEW DEFINITION FOR 'HARDSCAPE" AND
AMENDING THE DEFINITIONS FOR 'CONTRIBUTING" AND "NON~ONTRIBUTlNG'
STRUCTURES; PROVIDING A SAVINGS CLAUSE, A GENERAL REPEALER CLAUSEANDAN
EFFECTIVE DATE
The City Commission will conduc1 two (2) Public Hearings tor the purpose of accepting public
testimony regarding the proposed ordinance. Th<1 first Public Hearing win be held on ~
NOVEMBER 21. 2006. AT 7:00 P.M, in the Commission Chambers atCily Hall, 100 NW. 1st
Avenue, Delray Beach, Florida. It the propose!l ordinance is passed on first reading, a second
Public Hearing will be held on TUESDAY. DECMEBER 5. 2006. AT 7:00 PM. (or at any continua-
tion of such meeting which is set by the Commission) in the Commission Chambers at Cily Hall,
100 NW. 1st Avenue, Delray Beach, Florida.
All intereste!l citizens are invited to attend the public hearings and comment upon the proposed
ordinance or submit their comments in writing on or before the date of these hearings to the
Planning and Zoning Department. For further information or to obtain a COpy of the proposed
ordinance, please contac1the Planning and Zoning Department, Cily Hall, 100 NW. 1stAvenue,
Defray Beach, Florida 33444 (email atpzrnail@mydelraybeacn.com) or by calling 561/243-7040).
between the hours of 6:00 a.m. and 5:00 p.m., Monday through Friday, excluding holidays.
PLEASE BE ADVISED THAT IF A PERSON DECIDES TO APPEAL ANY DECISION MADE BY
THE CITY COMMISSION WITH RESPECT TO ANY MATTER CONSIDERED AT THESE
HEARINGS, SUCH PERSON MAY NEED TO ENSURE THAT A VERBATIM RECORD
INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED.
THE CITY DOES NOT PROVIDE NOR PREPARE SUCH RECORD PURSUANT TO F.S.
286.0105.
CITY OF DELRAY BEACH
Cnevelle D. Nubin, CMC
Cily Clerk
PUBLISH: Monday, November 13, 2006
Tuesday, November 28. 2006
BOCA RATON NEWSIOELRAY BEACH NEWS
AD#NS1106152
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