40-77 ORDINANCE NO. 40-77
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING CHAPTER 29 "ZONING"
OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH,
BY CP~ATING A NEW ZONING DISTRICT TO BE KNOWN AS
PRD-4 (PI~NED RESIDENTIAL DISTRICT) PERMITTING FOUR
(4) RESIDENTIAL UNITS TO THE ACRE; AND REQUIRING A
MINIMUM OF SIXTY (60) PERCENT OF TOTAL ACREAGE TO
BE IN SINGLE FAMILY DETACHED L~ITS, A MINIMUM OF
TEN (10) PERCENT OF THE TOTAL ACREAGE TO BE IN
COMMON OPEN SPACE AND A MAXIMUM OF THIRTY (30)
PERCENT OF THE TOTAL ACREAGE TO BE IN MULTI-FAMILY
UNITS; AMENDING SECTION 29-2(C) "ESTABLISHMENT OF
ZONING DISTRICt' TO INCLUDE THE NEW PRD-4 DISTRICT;
PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE.
NOW, T~IEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
DELRAY BEACH, FLORIDA, AS FOLLOWS.:
Section 1. That Chapter 29 "Zoning" of the Code of Ordinances of
the City of Delray Beach, Florida, is hereby amended by adding the
following Section:
Section 29-8.1 PRD-4 PLANNED RESIDENTIAL DISTRICT
(a) PURPOSE
The PDR-4 zoning district is intended to provide low density
residential areas in which multiple family and detached single
family developments are planned together so as to promote
flexibility in the development of land, improve design,
character and quality, and preserve the natural and scenic
features of open spaces. PRD-4 shall have a maximum of
four (4) units per acre, with a minimum of sixty (60) per-
cent of the total acreage in detached single family units,'
and a minimum of ten (10) percent of the total acreage in
common open space.
(B) PERMITTED USES
(1) Single family dwellings and their customary accessory
uses including, bird aviaries, boat docks, dog houses
and dog runs, garages, greenhouses, guest cottages,
playhouses, pool houses and covers, pump .houses, slat
houses, storage sheds, swimming pools, tennis courts,
tool sheds, workshops, and similar recreational facil-
ities, subject to Site and Development Plan and Plat
Approva 1
(2) Multiple family projects and their attendant recreational
facilities, subject to Site and Development Plan and
Plat Approval
(3)Home occupations, subject to Section 29-17 (L)
(C) CONDITIONAL USES
As prescribed in Sec. 29-21 and after the review of the
application and plans appurtenant thereto, and hearing
thereon, the Planning and Zoning Board finds as a fact
that the proposed use or uses are consistent with good
zoning practice, not contrary to the Master Plan, and
not detrimental to the promotion of public appearance,
comfort, convenience, general welfare, good order, health,
morals, prosperity, and safety of the City, the following
uses may be recommended to the City Council as Conditional
Uses:
(1) Churches or places of worship; and their attentant
educational, recreational, and columbarium facilities
(2) Community center facilities, when operated bY a
residential home owners association
(3) Day care centers, kindergartens, nursery schools, and
other preschool facilities, subject to Sec. 28-17 (M)
(4) Educational institutions, excluding colleges, seminaries,
training centers, universities and vocational schools
(5) Golf courses
(6) Natural resource utilities
(7) Public utilities, in a completely enclosed building
(8) Swimming clubs
(9) Tennis clubs
(D) SITE AREA AND LOT DIMENSIONS
(1) Minimum Site Area
The minimum size parcel for development of land
· zoned PRD-4, shall be twenty (20) acres. In the
event that a parcel zoned PRD-4, is less than
twenty (20) acres in size or is not aggregated
or joined with other parcels in the same zoning
classification to equal in total the minimum size
parcel of twenty (20) acres'prior to development,
.any person desiring to develop this undersize
parcel must apply to have the subject property
rezoned to some other zoning classification.
(2) Minimum Lot Dimensions
Residential Type Area Width Depth
(a) Single family '
detached
(Conve~tional) 7,500 sq. ft. 60~ft~/80 ftC* 100 ft.
(b) Single family
detached ~
(Cluster-or
zero lot line) 4,500 sq.ft. 40 ftC/60 ftC* 80 ft.
(c) Duplex
(Conventional) 8,000 sq~t. 60 ftC/80 ftC* 100 ft.
(d) Duplex
(Units platted ·
separately) 4,000 sq~t. 30 ftC/40 ftC* -100 ft.
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(e) Townhouse s
(Units platted
separately) 1,600 sq. ft. 16 ft.*/50 ft.* 80 ft
* Interior lots
** Corner lots
(E) AGGREGATE FLOOR AREA
(1) Single Family Detached
The following shall be the minimum aggregate floor areas
for all de~ached single family dwellings, exclusive of
terraces, and unroofed areas, including fifty (5'0) per-
cent of attached carports, garages, and screened patios:
(a) Single family detached
(conventional) 1.200 sq. ft.
(b) Single family detached
(Cluster or zero lot line) 1,000 sq. ft.
(2) MUltiple Family
The following shall be the minimum aggregate floor areas
for all multiple family dwelling units, expressed as net
living area, exclusive of balconies,' decks, porches, and
common areas such as corridors:
(a) Efficiency 400 sq. ft.
(b) One (1) bedroom 600 sq'.. ft.
(c) Two (2) bedrooms 900 sq. ft.
(d) Three (3) bedrooms 1,150 sq. ft.
(e) Four (4) bedrooms 1,350 sq. ft.
A minimum of two (2) bathrooms are required in four (4)
bedroom multiple family dwelling units.
(F) BUILDING SETBACKS
The following shall be {he minimum setbacks for all buildings
and structures allowed in this zoning district:
Residential Type Front Side Side Rear
(interior) (street)
(1) Single family
detached
(Conventional) 25 ft. 7½ fta 15 ft. 10 ft.
(2) Single family
detached
(Cluster or
zero lot line) 20 ft. * 15 ft. 10 ft.
(3)' Multiple family
(a) 1-2 floors 25 ft. 15 ft.** 25 ft. 25 ft.
(b) 3 floors 30 ft. 25 ft. 30 ft. 25 ft.
* - 3 - ORDINANCE NO. 40-77
(4) Townhouses See Sec. 29-17(P)
* Zero lot line: No setback on one (1) side, fifteen
(15) feet on the other side,
-Cluster: 7½ feet interior setbacks.
** Duplex platted
separately: No setback on one (1) side, fifteen
(15) feet on the other side.
'(G) GROUND ~FL00R BUILDING AREA
The following .shall be the maximum total ground floor building
area of all buildings and structures allowed in this zoning
district:
(1) Single family detached No requirements
(2) Multiple family 40% of total lot area
devoted to Multiple
Family use.
(H). BUILDING HEIGHT
(1) Single Family Detached
No' building or structure shall be constructed to a height
exceeding thirty-five (35) feet, unless approved as a
'Conditional Use (Sec. 29-21).
'(2) Multiple Family
No building or structure shall be constructed to a height
exceeding three (3) ,floors, or in the case of a recrea-
tional building, not higher than the highest principal
residential building.
(I) PARKING AND LOADING REGULATIONS
See Sec. 29-18 and Sec. 29-19
(J)WALLS AND FENCES
See Sec. '29-17(I) '
(K)LANDSCAPING
See Chapter 15C
(L)SIGNS.
See Chapter 3
(M)TOWNHOUSES AND TOWNHOUSE DEVELOPMENTS
Se~ Sec. 29-17(P)
(N) MINIMUM SPACING BETWEEN BUILDINGS
See See. 29-17 (Q)
(0) SPECIAL SETBACK PROVISIONS
See Sec. 29-16
~(P) SUPPLEMENTARY REGULATIONS
See Sec. 29-17
(Q) SITE AND DEVELOPMENT PLAN APPROVAL
See Sec. 29-22
(R) SPECIAL REGULATIONS
(1) General Standards
(a) The development plan shall provide for an effective
and unified treatment of the development potential
of the site, making appropiate provisions~for
the preservation of scenic features and amenities
of the site.
(b) The development plan shall foster harmony with exist-
ing or proposed development in areas surrounding the
site.
(2) Building Design Standards
(a) Buildings in the layout shall be an integral part
of the development, and have convenient access to
and from adjacent uses and blocks.
(b) In multiple family developments, the individual
buildings shall be related to each other in design,
masses, materials, placement and connections, so
as to provide visually and physically integrated
developments. Treatment of the sides and rear of
buildings shall be comparable in amenity and
appearance to the treatment given to street frontages.
(c) All buildings shall be oriented so as to insure
adequate light and air exposures to the rooms'
within.
(d) LayoUts and buildings'shall be arranged so as to be
accessible to emergency vehicles.
(3) Landscape Desiqn Standards
(&) Landscape treatment for plazas, roads, paths,
~service and parking areas, shall be designed as
an integral part of a coordinated landscape and
street furniture design for the entire area.
Primary landscape treatment shall consist of Shrubs,
ground cover and street trees, and shall combine
with appropriate walks and street surfaces to pro-
vide an attractive development pattern. Landscape
materials should be appropriate to local growing
conditions.
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(c) Whenever possible, existing trees shall be conserved
and integrated into the landscape design plan.
(4) Open Space Desiqn Standards
(a) The location, shape, size and character of the common
open space must be suitable for the contemplated
development including: density, population
characteristics, and housing types.
(b) Common open space must be used for amenity or re-
creational purposes, and must be suitably improved
for its intended use. Natural features worthy of
preservation shall be incorporated into the common
open space system.
(5)' Circulation System Design Standards
(a) Roads, pedestrian walks and open spaces shall be
designed as an integral part of an overall design
and shall be properly related to buildings and
appropriately landscaped.
(b) There shall be an adequate amount of pedestrian
walks, and landscaped spaces to limit pedestrian
use to vehicular ways, and to separate pedestrian
w~lks and public transportation.loading places
from general vehicular circulation.
(c) The location and design of pedestrian walks should
'emphasize desirable views of new and existing
developments.
(6) Parking and Loading Design S~andards
(a) Parking facilities in multiple family areas shall
be landscaped and screened from public view to the
extent necessary to eliminate unsightliness and
monotony of parked cars.
(b) Parking facilities shall be designed with careful
regard to orderly arrangement, landscaping, and
ease of access, and shall be developed as an'in£
tegral part of an overall site design.
(c) Loading facilities shall be screened from public
view to the extent necessary to eliminate unsight-
liness.
(7) Ownership of Common Areas
(1) If the Plans approved by the City for a Planned Resi-
dential Development indicate that there will be
either of the following types of common properties;
recreational areas, utility facilities or streets,
which are not accepted by the City, these common
- - 6 - ORDINANCE NO. 40-77
properties shall be transferred to an association,
corporation, individual or individuals (as trustee
or trustees), or other entity consisting of a
majority of the property owners within the develop-
ment for their control, maintenance, operation,
and use. The developer shall provide the City
Attorney the documents or agreements pertaining
to the transfer and shall also provide the city
Attorney other appropriate documents, agreements,
contracts, or deed restrictions which provide for
the continuing maintenance and operation of such
common; property or properties, which shall not be
· at public expense. Said doquments, agreements, con-
tracts or deed restrictions shall confer upon the
City the right to perform maintenance and operation
of such common; property or properties, and to assess
the cost thereof equitable to the property owners
in the Planned residential development should said
property owners fail to perform such maintenance or
operation. The City shall be entitled to a lien on
the properties for the cost assessed which shall
secure in addition, to the cost of the maintenance
or operation, the costs of collection including a
reasonable attorney;s fee.
The City Attorney shall review all such proposed
documents, agreements, contracts or deed restric-
tions and he shall'approve the same if, in his
judgment, ~they are legally sufficient to accomplish
.the purposes set forth above. No permits for
construction of the proposed development shall
be issued until the approval of the City Attorney's
Office has been obtained..
(8) Measurements of Setbacks
Setbacks shall be measured from the right-of-way line
for public streets, and from the access easement line
for private streets.
Section 2. That section 29-2(C) be amended by adding the following:
(C) ESTABLISHMENT OF ZONING DISTRICTS
PRD-4 Plan~ed Residential District
.Section 3. That should any section or provision of this ordinance
\
or any portion thereof, any paragraph, sentence or word be declared by
a court of competent jurisdiction to be invalid, such decision shall
not affect the validity of the remainder hereof as a whole or part there-
of other than the part declared to be invalid.
Section 4. That this ordinance shall become effective ten days
after passage on second and final reading.
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- I-
· PASSED AND ADOPTED in regular session on second and final reading
on this the 27th day of June , 1977.
MAY'
ATTE S T:
City Clerk
First.Reading June
Second Reading June 2?, 1977
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