42-77 ORDINANCE NO. 42-77
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF DELRAY BEACH, FLORIDA, AMENDING C~LAPTER 29
"ZONING" OF THE CODE OF ORDINANCES OF T~E CITY
oF' DELRAY BEACH BY CREATING A NEW ZONING DISTRICT
TO BE KNOWN AS PRD-10 (PLANNED RESIDENTIAL DISTRICT)
PERMITTING TEN (10) RESIDENTIAL UNITS TO THE ACRE AND
REQUIRING A MINIMUM OF FORTY (40) PERCENT OF THE
TOTAL ACREAGE TO BE IN SINGLE FAMILY DETACHED UNITS,
A MINIMUM OF TWENTY (20) PERCENT OF TItE TOTAL ACRE-
AGE TO .BE IN COMlV~ON OPEN SPACE, AND A MAXIMUM OF
FORTY (40) 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-10 DISTRICT; PROVIDING A SAVING CLAUSE;
PROVIDING AN EFFECTIVE DATE.
NOW, T~REFORE,, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF DELRAY BEACH, 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:
Sec. 29-8.3 PRD-10 PLAN1FED RESIDENTIAL DISTRICT
(a) PURPOSE
The PRD-10 zoning district is intended to provide high
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-10 shall.
have a maximum of ten (10) units per acre, with a minimum
of forty (40) percent of the total acreage in detached
., single family units, and a minimum of tWenty (20) 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 pogls, tennis courts,
tool sheds, workshops, and similar recreational
facilities, subject to Site and Development Plan and
Plat Approval.
(2) Multiple family projects and their attendant recreational
facilities, subject to Site and Development Plan and
Plat Approval
(3)Home occupations, subject to Sec. '29-17(L)
(C) CONDITIONAL USES
As, prescribed in Sec. 29-21 and after the review of the
application and plans appurtenan~ thereto, and hearing
thereon, the Planning a~d Zoning ~Board Finds as a ~aet
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 attendant
educational, recreational, and columbarium facilities
(2) Community center facilities, when operated by a
residential home owners association
(3) Day care centers, kindergartens, nursery school, 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
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-10 shail be twenty (20) acres. In the event that a
parcel zoned PRD-10 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 under-
size parcel must apply to have the subject property re-
zoned to some other zoning classification.
o
(2) Minimum Lot Dimensions
R~sidential Type Area Width Depth
(a) Single family
detached
(Conventional) 7,500 sq. ft. 60 ftC/80 ftC*. 100 ft.
(b) Single family
detached
(Cluster or
zero lot line) 4,500 sq. ft. 40 ftC/60 ftC* 80 ft.
(c) Dupiex
(Conventional) 8,000 sq. ft. 60 ftC/80 ftC* 100 ft.
(d)~Duplex
(Units platted
separately) 4,000 sq. ft. 30 ftC/40 ftC* 100 ft.
(e) Townhouses
(Units platted
separately) 1,600 sq. ft. 16 ft~/50~ 80 f~.
* Interior lots
** -Corner lots
(E) AGGREGATE FLOOR AREA
(1) Single Family Detached
The following shall be the minimum aggregate floor areas
for all detached single family dwellings, exclusive of
terraces, and unroofed, areas, indluding fifty (50) 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 shal.1 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 the minimum setbacks for all buildings
and structures allowed in this zoning district:
Residential Type Front Side Side Rear
(inter'~ or) (street)
(1) Single family
detached
(Conventional) 25 ft. 7½ 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 ft.** 25 ft. 25 ft.
(b) 3 floors 30 ft. 25 ft. 30 ft. 25 ft.
(c) 4-5 floors 40 ft. 25 ft. 40 ft. 25 ft.
(d) 6-7 floors 50 ft. 25 ft. 50 ft. 30 ft.
(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.
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** 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 structures allowed in this zoning
district:
(1) Single family detached No requirements
(2) Multiple family 4~/o 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 recre ·
ational building, not higher than the highest principal
residential building, unless approved as a Conditional
Use (Sec. 29-21,~. In no case shall a building or structurel
exceed five (5) residential floors, with a maximum of
seven (7) floors overall..
(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 OTWNHOUSE DEVELOPMENTS
See Sec. 29-17(P)
(N) MINIMUM SPACING BETWEEN BUILDING~
See Sec. 29-I7(Q)
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(O) 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 appropriate 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 front-
ages.
(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.Design Standards
(a) 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.
(b) Primary landscape treatment shall consist of shrubs,
ground cover and street trees, and shall combine
with appropriate walks and street surfaces to
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provide an attractive development pattern.
Landscape materials should be appropriate
to local growing conditions.
(c) Whenever possible, existing trees shall be conserved
and integrated into the landscape design plan.
(4) Open Space Desiqn Standards
(&) 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 preseration shall be incorporated
into the common open space system.
(5) Circulation System Design Standards
(a) Roads, p~destrian 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
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) Parkinq and Loadinq Desiqn Standards
(a) Parking facilities in multiple family areas shall
be landsCaped and screened from public view to the
extent necessary to eliminate unsightli~es~ and
monotony of parked cars.
(b) Parking facilities shail be designed with careful
.regard to orderly arrangement, landscaping, and
case of access, and shall be developed as an
integral part'of an overal~ 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 ~y the City for a Planned Resi-
dential Development indicate that there will be
either of. the following types'of common properties=
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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), 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 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. ThD 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 acdess easement line
for private streets.
Section 2. That Section 29-2(C) be amended by adding, the following:
(C) ESTABLISHMENT OF ZONING DISTRICTS
PRD-10 Planned Residential District
~Section 3. That should any se6tion 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 4. That this ordinance shall become effective ten days
after passage on second and final reading.
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PASSED AND ADOPTED in regular session on second and final reading
on this the 27th day of June , 1977.
ATTEST:
city Clerk
First Reading June 1.~ 1977
Second Reading June 27, 1977
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