41-77 ORDINANCE NO. 41-77
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 CREATING A NEW ZONING DISTRICT TO BE
KNOWN AS PRD-7 (PLANNED RESIDENTIAL DISTRICT)
PERMITTING SEVEN (7) RESIDENTIAL UNITS TO THE
ACRE AND REQUIRING A MINIMUM OF FIFTY (50)
PERCENT OF THE TOTAL ACREAGE TO BE IN SINGLE
FAMILY DETACHED UNITS, A MINIMUM OF FIFTEEN
(15) PERCENT OF THE TOTAL ACREAGE TO BE IN
COMMON OPEN SPACE AND A MAXIMUM OF THIRTY-FIVE
(35) PERCENT OF THE TOTAL ACREAGE TO BE IN
MULTI-FAMILY UNITS; AMENDING SECTION 29-2(C)
'"ESTABLISHMENT OF ZONING DISTRICTS" TO INCLUDE
THE NEW PRD-7 DISTRICT; PROVIDING A SAVING
CLAUSE; PROVIDING AN EFFECTIVE DATE.
NOW, THEREFORE, 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 ~f Delray Beach, Florida, is hereby amended ~by adding the following
Section:
Sec. 29-8.2 PRD-7 PLANNED RESIDENTIAL DISTRICT
(A) PURPOSE
The PRD-7 zoning district is intended to provide
medium density residential areas in which multi-
ple family and detached single family developments
are planned together so as to promote flexibility
in the development of land, improve design, charac-
ter and quality, and preserVe the natural and
scenic features of open spaces. PRD-7 shall have
a maximum of seven (7) units per acre, with a min-
imum of fifty (50) percent of the total acreage
in detached single family units, and a minimum of
fifteen (15) 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 facilities, subject to Site
and Development Plan and Plat Approval
(2) Multiple family proj'ects and their attendant
recreational facilities, subject to Site and
Development Plan and Plat Approval
(3) Home occupation, subject to Sec. 29-17(L)
(C) CONDITIONAL USES
As prescribed in Sec. 29-21 a~d after the review
of the application and plan 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 recom-
mended to the City Council as Conditional
Uses:
(1) Churches or places of worship, and their
attendant educational, recreational, and
columbarium facilities
(2) Community center facilities, when operated
by a residential home owners association
(3) Day care centers, kindergarten, .nursery
.schools, and other preschool facilities,
subject to Section 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-7 shall be'twenty (20) acres.
-In the event that a parcel zoned PRD-7 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 re-
zoned to some other zoning classification.
(2) Minimum Lot Dimensions
Residential Type Area Width Depth
(a) Single family
detached
(conven- 7,500 60 ft~/80'ft~* 100 ft
tional) sq. ft.
(b) Single family
detached
(Cluster or 4,500
zero lot line) sq. ft. 40 ftC/60 ftC* 80 f~
(c) Duplex 8,000
(conventional) sq. ft. 60 ftC/80 ftC* 100 f~
(d) Duplex
(Units platted 4,000
separately) sq. ft. 30 ftC/40 ftC* 100 f~
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Residential Type Area Width Depth
(e) Townhouses
(Units platted 1,600
s~parately) sq. ft. 16 ftC/50 ft~ 80 ft
* Interior lots
** Corner lots
(E) AGGREGATE FLOOR AREA
(1) Single Family Detached
The following shall be the minimum aggre-
gate floor areas for all detached single
'family dwellings, exclusive of terraces,
and unroofed areas, including fifty (50)
percent 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.
'1~ (2) Multiple°Family
The following shall be the minimum aggre-
gate 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 the 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. 7% ft. 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 ftC* 25 ft. 25 ft
(b) 3 floors 30 ft. 25 ft. 30 ft. 25 ft
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Residential Type Front Side' Side Rear
(interior) (street)
(4) Townhouses See Sec. 29-17(P)
* Zero lot line: No setback on one (1) side,
fifteen (15) feet on the
other side.
Cluster: 7% feet interior setbacks.
** Duplex platted
separately: No setback on one (1) side,
fifteen (15) feet on the
other side.
(G) GROUND FLOOR BUILDING AREA
The following shall be the maximum total ground
floor building area of all buildings and struc-
tures 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 recreational 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
See Sec. 29-17(P)
(N) MINIMUM SPACING BETWEEN BUILDINGS
See Sec. 29-17(Q)
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(0) SPECIAL SETBACK PROVISIONS
See Sec. 29-16
(P) SUPPLEMENTARY REGULATIONS
See Sec. 29-17
(Q) SITE AND DEVE%OPMEN~ P%AN 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 appropriate provisions for the
preservation of scenic features and
amenities of the site.
(b) The development plan shall foster har-
mony with existing or proposed develop-
ment in areas surrounding the site.
(2) Building qesign Standards
(a) Buildings in the layout shall be an
integral part of the development, and
~have convenient access to and from adja-
cent 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 physi-
cally integrated developments. Treat-
ment 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 ex-
posures to the rooms within.
(d) Layouts and buildings shall be arranged
so as to be accessible to. emergency
vehicles.
(3) Landscap~ ~.esi~n Standards
(a) Landscape treatment for plazas, roads,
p~ths, service and parking areas,
shall be designed as an integral part
of a coordinanted landscape and street
furniture design for the entire area.
(b) Primary landscape treatment shall con-
sist of shrubs, ground cover and street
trees, and shall combine with appropriate
- 5 - Ord. No. 41-77
walks and street surfaces to provide
an attractive development pattern.
Landscape materials should be appro-
priate to local growing conditions.
(c) Whenever possible, existing trees shall
be conserved and integrated into the
landscape design plan.
(4) Open Space ~esign 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 recreational 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) ~ir.culat$.on System Design Standards
(a) Roads, pedestrian walks and open 'spaces
shall be designed as an integral part
of an overall design and shall be pro-
perly related to buildings and appro-
.. priately 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 walks
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 Standards
(a) Pa~king 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 arrange-
ment, landscaping, and ease of access,
and shall be developed as an integral
part of an overall site design.
(c) Loading facilities'shall be screened
from public view to the extent neces-
sary to eliminate unsightliness.
- 6 - Ord. No. '41-77
(7) Ownership of Common Areas
(1) If the Plans approved by the City for a planned resi-'
dential development indicate that there will b~
either of the following types of common properties;
recreational areas, utility facilities or streets,
which are not accepted by the City, these common
properties shall be transferred to an association,
corporation, individual,or individuals (as trustee
or trustees), dr 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 documents, 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 equitably 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 restrictions
and he shall approve the same if, in his judgment,
they are legally sufficient to accomplish the pur-
poses 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-7 Planned 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 thereof
other than the part declared to be invalid.
'' -=,~7 - Ord. No. 41~77
Section 4. That this ordinance shall become effective ten days
after passage on second and final reading.
PASSED AND ADOPTED in regular session on second and final reading
on this the 27%h day of J%me , 1977.
City Clerk
First Reading June 13,.1977
Second Reading JUne Z?, 1~77
Ord. No. 41-77