Ordinance No. 32-23
ORDINANCE NO. 32-23
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AMENDING THE
LAND DEVELOPMENT REGULATIONS OF THE CITY OF
DELRAY BEACH CODE OF ORDINANCES, CHAPTER 4,
“ZONING REGULATIONS,” ARTICLE 4.1, SECTION 4.1.4,
“USE OF LOTS OF RECORD,” AMENDING ARTICLE 4.2,
ANNEXATION AND INITIAL ZONING”; AMENDING
ARTICLE 4.3, “DISTRICT REGULATIONS, GENERAL
PROVISIONS,” SECTION 4.3.3, “SPECIAL
REQUIREMENTS FOR SPECIFIC USES,” BY ADOPTING A
NEW SUBSECTION 4.3.3(BB), “PERFORMANCE
STANDARDS FOR MULTI-FAMILY DEVELOPMENT,”
AMENDING SECTION 4.3.4, “BASE DISTRICT
DEVELOPMENT STANDARDS,” SUBSECTION (J),
“HEIGHT”; AMENDING ARTICLE 4.4, “BASE ZONING
DISTRICT,” SECTIONS 4.4.1 THROUGH 4.4.7, AND
SECTIONS 4.4.9 THROUGH 4.4.27, AND SECTION 4.4.29;
AMENDING ARTICLE 4.7, “FAMILY/WORKFORCE
HOUSING,” TO BE CONSISTENT WITH RECENT
AMENDMENTS TO CHAPTER 2, “ADMINISTRATIVE
PROVISIONS”; PROVIDING A CONFLICTS CLAUSE AND
A SEVERABILITY CLAUSE; PROVIDING AN EFFECTIVE
DATE; AND FOR OTHER PURPOSES.
WHEREAS, the Land Development Regulations (“LDR”) of the City of Delray Beach
(“City”) Code of Ordinances provide authority for the City Commission to amend, change,
supplement, or repeal the LDR from time to time; and
WHEREAS, the City adopted Ordinance No. 31-23 on October 17, 2023, updating
development review procedures in Chapter 2, “Administrative Provisions”; and
WHEREAS, Article 4.1, “Establishment of Districts and Official Zoning Map,” has cross-
references rendered outdated by the proposed changes herein; and
WHEREAS, Article 4.2, “Annexation and Initial Zoning,” has development review
procedures that duplicate or conflict with the process and procedures adopted by Ordinance No.
31-23; and
WHEREAS, Article 4.3, “District Regulations, General Provisions,” Section 4.4.3,
“Special Requirements for Specific Uses,” is the appropriate location for Performance Standards
for Multi-Family Development currently provided in the regulations in Article 4.4; and
1Ord. No. 32-23
WHEREAS, Article 4.4, “Base Zoning District” has development review procedures that
duplicate or conflict with the process and procedures adopted by Ordinance No. 31-23; and
WHEREAS, Article 4.7, “Family/Workforce Housing,” has development review
procedures that duplicate or conflict with the process and procedures adopted by Ordinance No.
31-23; and
WHEREAS, Ordinance No. 32-23 resolves the aforementioned conflicts in Chapter 4,
“Zoning Regulations” with the amendment to Chapter 2, “Administrative Provisions” adopted by
Ordinance No. 31-23 and adopts revised language for improved readability and interpretation; and
WHEREAS, pursuant to Florida Statutes 163.3174(4), the Planning and Zoning Board for
the City of Delray Beach, sitting as Local Planning Agency, considered this item at a public hearing
on August 21, 2023, and voted 7 to 0 to recommend that the proposed text amendments be
approved, finding that the request and approval thereof is consistent with the Comprehensive Plan
and meets the criteria set forth in the Land Development Regulations; and
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. The recitations set forth above are incorporated herein.
Section 2. The City Commission of the City of Delray Beach finds the Ordinance is
consistent with the Comprehensive Plan.
Section 3.Chapter 4, “Zoning Regulations,” Article 4.1, “Establishment of Districts
and Official Zoning Map,” Section 4.1.4, “Use of Lots of Record,” of the Land Development
Regulations of the City of Delray Beach, Florida is updated as follows:
(A) - (B) (These subsections shall remain in full force and effect as adopted.)
(C) Except for single family residences subject to the R-1-A (Single Family Residential) zoning
district standards, if two or more adjoining lots (or combination of lots and portions of lots)
of record were under the same ownership as of October 18, 1994, and if the total frontage
and the total area is equal to or greater than that which is required by the zoning district
regulations, said property shall not be developed except in accordance with the minimum
frontage and lot area requirements of the district. Ownership shall be determined by the
property tax rolls on file in the Palm Beach County Property Appraiser's Office as of
October 18, 1994.
(1) Notwithstanding the above, a waiver to this requirement may be granted by the City
Commission pursuant to the provisions of LDR Section 2.4.7(B). Pursuant to Section
2.1.4, nNotice of the request shall be provided pursuant to Section 2.4.2(B)(1)(n) to the
owners of all property located within 500 feet of the perimeter of the property on which
the waiver is being sought. The notice shall be mailed no later than ten calendar days
prior to the meeting before the City Commission.
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(2) For properties located within designated historic districts, or designated as historic sites,
or properties listed on the Local Register of Historic Places, the Historic Preservation
Board shall review the request prior to the City Commission meeting and shall forward
its recommendation on the request to the City Commission. Notification of the request
shall be as described above, except that the mailing of the notices shall occur no later
than ten calendar days prior to the meeting before the Historic Preservation Board.
(D) Within the R-1-A, RL and RM zoning districts, lots of record having at least 40 feet of
frontage may be used for Workforce Housing, as long as the workforce housing unit meets
the typical designs represented by the sketches set forth in Section 4.7.12(a)4.7.8, the lot is a
minimum of 4,000 square feet and conforms to setbacks; provided, however, the minimum
side setback may be reduced to a minimum five feet if necessary to accommodate the
designs set forth in Section 4.7.12(a)4.7.8 and meets other development standards in the
zoning district. The Workforce Housing unit on a lot with frontage as herein described must
include rear access via an alley, if available. The unit must also contain design features such
as, but not limited to, front porches, eyebrows, outriggers, gables, dormers, arbors, trellises,
shutters, balconies, decorative vents, siding, textured stucco finishes, undulating facades and
other such appropriate architectural features.
(E) (This subsection shall remain in full force and effect as adopted.)
Section 4. Chapter 4, “Zoning Regulations,” Article 4.2, “Annexation and Initial
Zoning,” of the Land Development Regulations of the City of Delray Beach, Florida is repealed
and reserved:
ARTICLE 4.2. ANNEXATION AND INITIAL ZONING - RESERVED
Sec. 4.2.1. Authority for annexations.
The boundaries and corporate limits of the City of Delray Beach now existing may be
amended from time to time, as provided by law, to extend to the ultimate municipal boundaries
as shown on the Land Use Map.
Sec. 4.2.2. Requirements.
A voluntary petition for annexation must be prepared and processed pursuant to 2.4.5(C) with
public notice pursuant to Section 2.4.2(B)(1)(a)(2) and as provided for in Florida Statute 171.
Non-voluntary annexations must be prepared and processed pursuant to applicable sections of
Florida Statute Chapter 171.
Sec. 4.2.3. Zoning.
The application for annexation of land and assignment of City land use or zoning designations
may be initiated by the City or the property owner. Voluntary annexations shall be processed
3 Ord. No. 32-23
concurrently with a zoning petition for a designation consistent with the Land Use Map and
Table NDC-1 of the Neighborhoods, Districts, and Corridors Element of the adopted
Comprehensive Plan. Notwithstanding the foregoing, under unique circumstances a parcel of
land may be annexed with zoning of Agriculture (A) or Open Space (OS) and then be rezoned, at
a later date, through the formal rezoning processes for a designation more appropriate to the
Land Use Map. Non-voluntary annexations shall maintain the current County land use and
zoning designations until adoption of City land use and zoning designations.
Section 5. Chapter 4, “Zoning Regulations,” Article 4.3, “District Regulations,
General Provisions,” Section 4.4.3, “Special Requirements for Specific Uses,” of the Land
Development Regulations of the City of Delray Beach, Florida is amended as follows:
Sec. 4.3.3. Special requirements for specific uses.
(BB)Performance standards for multi-family development.
(1) Applicability. Except for proposals within the Central Business District, these standards
shall apply, as follows, to new site plans or to modifications to existing site plans that
create additional residential units:
(a) To increase the density beyond the minimum number of units per acre allowed by
the zoning district.
(b) To meet the requirements of a revitalization incentive density bonus.
(c) Some performance standards may not be entirely applicable to small, infill residential
projects. In such cases, the ultimate density should be based upon the attainment of
the applicable performance standards, as well as the development's ability to meet or
exceed other minimum code requirements.
(2) Intent. The intent of the standards is to mitigate the impacts of the additional density both
internal and external to the site. The extent to which a project meets the standards will
determine the number of units per acre that will be permitted. Projects which only
partially achieve these standards will be permitted a correspondingly lower density.
(3) Performance standards. The performance standards are as follows:
(a) The traffic circulation system is designed to control speed and reduce volumes on
the interior and exterior street network. This can be accomplished through the use of
traffic calming devices; street networks consisting of loops and short segments;
multiple entrances and exits into the development; and similar measures that are
intended to minimize through traffic and keep speeds within the development at or
below 20 m.p.h.
(b) Buildings are placed throughout the development in a manner that reduces the overall
massing, and provides a feeling of open space.
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(c)Where immediately adjacent to residential zoning districts having a lower density,
building setbacks and landscape materials along those adjacent property lines are
increased beyond the required minimums in order to provide a meaningful buffer to
those lower density areas. Building setbacks are increased by at least 25 percent of
the required minimum; at least one tree per 30 linear feet (or fraction thereof) is
provided; trees exceed the required height at time of planting by 25 percent or more;
and a hedge, wall or fence is provided as a visual buffer between the properties.
(d) The development offers a varied streetscape and building design. For example,
setbacks are staggered and offset, with varying roof heights (for multi-family
buildings, the planes of the facades are offset to add interest and distinguish
individual units). Building elevations incorporate diversity in window and door
shapes and locations; features such as balconies, arches,porches, courtyards; and
design elements such as shutters, window mullions, quoins, decorative tiles, etc.
(e) A number of different unit types, sizes and floor plans are available within the
development in order to accommodate households of various ages and sizes. Multi-
family housing will at a minimum have a mix of one, two and three bedroom units
with varying floor plans. Single family housing (attached and detached) will at a
minimum offer a mix of three and four bedroom units with varying floor plans.
(f) The development is designed to preserve and enhance existing natural areas and/or
water bodies. Where no such areas exist, new areas which provide open space and
native habitat are created and incorporated into the project.
(g) The project provides a convenient and extensive bicycle/pedestrian network, and
access to available transit.
(h) Parking garageelevations provide a unified design with the main building through
the use of similar building materials and color, vertical and horizontal elements, and
architectural style.
(i) The project design creates a unified architectural character by the use of common
architectural elements inthe building(s), parking lot, and landscaping. Examples of
unifying features are decorative freestanding light poles andexterior light fixtures;
pedestrian amenities such asbenches, shaded walkways, and decorative pavement
treatment; focal points such as public art, water feature/fountain, courtyard or public
plazas along a continuous pedestrian walkway; or a combination of similar features
that meet the intent of this standard.
(j) The development provides common areas and/or amenities for residents such as
swimming pools, exercise rooms, storage rooms or lockers, gardens, or courtyards.
(k) The development promotes pedestrian movements by providing convenient access to
the public sidewalk system. Pedestrian areas adjacent to the building are enhanced
5 Ord. No. 32-23
by providing additional sidewalk area at the same level as the abutting public
sidewalk.Accessways to parking areas are designed in a manner that minimizes
conflicts between vehicles and pedestrians. The public street(s) immediately adjacent
to the development are enhanced consistent with the streetscape in the surrounding
area (i.e., installation of landscape nodes, extension of existing paver block system,
installation of approved street lighting, etc.).
(l) The development provides opportunities to share parking, accessways, and driveways
with adjoining properties, or additional parking spaces that may be used by the
public.
(4) Findings. The approving body must make a findingthat the development substantially
complies with the performance standards listed in this section.
Section 6. Chapter 4, “Zoning Regulations,” Article 4.3, “District Regulations,
General Provisions,” Section 4.4.3, “Special Requirements for Specific Uses,” of the Land
Development Regulations of the City of Delray Beach, Florida is amended as follows:
Sec. 4.3.4. Special requirements for specific uses.
(J) Height.
(1) - (3) (These subsections shall remain in full force and effect as adopted.)
(4) Increases to height regulations.
(a) Prohibitions. There are no provisions which allow, nor is the any Board of
Adjustment empowered to grant, an increase of height for any purpose in the
following zone districts:
Single Family (R-1) Districts Rural Residential (RR)
Agriculture (Ag) Mobile Home (MH)
Low Density Residential (RL) Medium Density Residential (RM)
Planned Residential Development (PRD) Residential Office (R0)
Neighborhood Commercial (NC) Professional and Office District (POD)
Conservation District (CD) Open Space (OS)
(b) Allowances. An increase, to a maximum height of 60 feet, may be approved by the
City Commission in any zone district not listed above, except for the CBD zoning
district, when approved pursuant to the processing of a conditional use request and
as part of a site plan, based upon a finding of compliance with each of enumerated
the applicable criteria listed below, as applicable.
(i) That the structure is to must be located in one of the following geographic
areas:
(1) Area "A" - all property located east of Congress Avenue and west of I-95.
6 Ord. No. 32-23
(2) Area "B" - the property encompassed by the Delint DRI, with the
exception of that portion platted as "Waterford Village"; along with
property located west of S.W. 10th Avenue, south of Linton Boulevard,
and east of I-95.
(3) Area "C" - the property encompassed by the boundary of Linton
Boulevard, Wallace Drive, S.W. 10th Street, and I-95.
(4) Area "D" - the properties located south of Atlantic Avenue, north of S.W.
1st Street, west of S.W. 2nd Avenue, and east of S.W. 4th Avenue; and the
properties located north of Atlantic Avenue, south of N.W. 1st Street, west
of N.W. 1st Avenue, and east of N.W. 3rd Avenue.
(5) Area "E" - the property encompassed on the west by the F.E.C. Railroad,
on the east by the Intracoastal Waterway, on the south by Allen Avenue
extended to said easterly and westerly boundaries, and on the north to the
northernmost boundary of the City.
(6) Area "F" - the property located between the one-way pair system of
Federal Highway (5th and 6th Avenues), except for property located in the
CBD zoning district.
(7) Area "G" - the property on either side of Linton Boulevard, extending 200
feet north and south of its ultimate right-of-way, extending from I-95 to
Dixie Highway, and shall also include the Linton Commons Overlay
District in its entirety.
(8) Area "H" - the area bounded by Linton Boulevard on the south, the F.E.C.
Railroad on the east, the combination of Southridge Road and Swinton
Avenue on the north, and S.W. 4th Avenue on the west.
(9) Area "I" - the property within the Aura Delray Beach Overlay District,
located on the west side of North Congress Avenue, north of Atlantic
Avenue, east of the E-4 Canal, and south of the Palm Beach County Palm
Tran property as depicted on the map provided in 4.7.1w., Definitions in
Ordinance No. 31-20.
(10) Area "J" - the property encompassed by Lindell Boulevard on the north,
Federal Highway on the east, Dixie Highway on the west, and the City
limits on the south.
(11) Area "K" - the property within the project known as Delray Medical
Center (Delray Hospital), located on the south side of Linton Boulevard
approximately 1,240 feet west of Military Trail, and as annexed into the
City of Delray Beach via Ordinance No. 33-05.
7 Ord. No. 32-23
(ii) That the increase in height will not provide for, nor accommodate, an increase
in the floor area (within the structure) beyond that which could be
accommodated by a development whichthat adheres to a height limitation of
48 feet, except an increase in height is allowed when the increase from 48 feet
to 60 feet is for the purpose of accommodating to accommodate residential use
on the top floor of the structure; however, the increase in height is only for the
added residential use area.
(iii) Workforce housing units, equal to at least 20 percent of the residential units on
the top floor, shall be provided within the development onsite, offsite, or
through monetary contributions as referenced in Article 4.7 (fractions shall be
rounded up). The workforce housing units shall be at the low or moderate
income levels and shall comply with other applicable provisions of Article 4.7
or any workforce housing regulations specified as part of an adopted SAD
Ordinance, as applicable.
(iv) That theAn increase in height shall be allowed if two or more of the following
subsections development standards are met:
(1) That fFor each foot in height above 48 feet, an additional building setback
of two feet is provided from the building setback lines which would be
established for a 48-foot tall structure. The additional setback is required
from all setbacks lines (i.e., front, side, and rear) for the portion of the
building that extends above 48 feet;
(2) That aA minimum of 50 percent of the ground floor building frontage
consists of nonresidential uses (excluding parking);
(3) That oOpen areas, such as courtyards, plazas, and landscaped setbacks, be
are provided in order to add visual interest and provide relief fromreduce
the building mass.
(5) Special activityActivities Ddistricts. Increases permitted above 60 feet are allowed for
special uses within a particular for the Special Activities District (SAD), provided it is
located within one of the geographic areas described above. For special uses (not
including residential, commercial, or industrial uses) which that can only be
accommodated through the use of by the SAD (Special Activities District), the. The
height limitations for such a use within any SAD shall be specifically set forth established
in the enacting ordinance of that specific SAD, provided that the SAD falls within one of
the geographical areas described in Subsection (J)(4)(i). The foregoing provision shall
not apply to residential uses or normal uses within any SAD, as such use shall be governed
by the height limitations contained in the SAD regulations.
8 Ord. No. 32-23
Section 7. Chapter 4, “Zoning Regulations,” Article 4.4, “Base Zoning District,”
Section 4.4.1 “Agriculture Zone (A) District,” of the Land Development Regulations of the City
of Delray Beach, Florida is amended as follows:
Sec. 4.4.1. Agriculture Zone District (A).
(A) - (D) (These subsections shall remain in full force and effect as adopted.)
(E)Reserved. Review and approval process. All principal uses and accessory uses thereto shall
be allowed upon application to and approval by the Chief Building Official for structures
which require a building permit and otherwise complying with applicable use restrictions.
(F) – (G) (These subsections shall remain in full force and effect as adopted.)
Section 8. Chapter 4, “Zoning Regulations,” Article 4.4, “Base Zoning District,”
Section 4.4.2 “Rural Residential (RR) District,” of the Land Development Regulations of the City
of Delray Beach, Florida is amended as follows:
Sec. 4.4.2. Rural Residential (RR) Zone District.
(A) - (D) (These subsections shall remain in full force and effect as adopted.)
(E)Reserved. Review and approval process. All principal uses and accessory uses thereto shall
be allowed upon application to and approval by the Chief Building Official for structures
which require a building permit and otherwise complying with applicable use restrictions.
(F) - (G) (These subsections shall remain in full force and effect as adopted.)
Section 9. Chapter 4, “Zoning Regulations,” Article 4.4, “Base Zoning District,”
Section 4.4.3 “Single Family Residential (R-1) Districts,” of the Land Development Regulations
of the City of Delray Beach, Florida is amended as follows:
Sec. 4.4.3. Single Family Residential (R-1) Districts.
(A) - (D) (These subsections shall remain in full force and effect as adopted.)
(E)Reserved. Review and approval process.
(1) All principal uses and accessory uses thereto shall be allowed upon application to and
approval by the Chief Building Official for structures which require a building permit
and otherwise complying with applicable use restrictions.
(2) Conditional uses must be approved pursuant to the provisions of Section 2.4.5(E).
(3) The creation of a new lot for the purpose of building a single family residence requires
platting pursuant to 2.4.5(J) or (K), as applicable.
9 Ord. No. 32-23
(4)Within the North Beach/Seagate and Ocean Neighborhood Overlay Districts, all
applications for single family residences, and additions and renovations that exceed 50
percent of the square footage of the existing structure must be reviewed in accordance
with the Beach Property Owners Design Manual, pursuant to the site plan processing
schedule provisions of Section 2.4.8.
(5)Any development of properties located within a Historic District or Individually
Designated Sites as listed on the Local Register of Historic Places in Section 4.5.1(I) is
subject to review by the Historic Preservation Board, pursuant to Section 2.2.6(D).
(F)Development standards. The development standards as set forth in Section 4.3.4 shall apply,
except as modified below:
(1) In addition to the provisions of Section 4.3.4(K), pProperties located within the North
Beach/Seagate and Ocean Neighborhood Overlay Districts shall comply with the
provisions of the adopted Beach Property Owners Design Manual for the North Beach
and Seagate Neighborhoods including but not limited to visual compatibility standards
relating to limitations on height, width, mass, scale, materials, color, style, form, and
square footage.
(2) In addition to the provisionsrequirements of Section 4.3.4(K), properties located within
the Lake Ida Neighborhood Overlay District shall comply with the following regulations:
(a) Maximum lot coverage:
1. Forty percent for one story houses.
2. Thirty percent for multi-story houses.
(b) The maximum Floor Area Ratio is .35 for a multi-story house. Property with
frontage on Lake Ida are allowed a Floor Area Ratio of .40 for a multi-story house.
(c) The area of the upper floors shall not be greater than 75 percent of the area of the
first floor. Properties with frontage on Lake Ida are allowed to have upper floors
with up to 100 percent of the area of the first floor.
(d) Minimum setback for multi-story homes in the R-1-AA zoning district shall be 25
feet for the front yard and 15 feet for the rear yard.
(e) Minimum setback for multi-story homes in the R-1-AAA and R-1-AAAB zoning
districts shall be 30 feet for the front yard and 17 feet for the rear yard.
(f) Additional landscaping required for both new multi-story houses or additions to
existing multi-story houses shall be as follows:
10 Ord. No. 32-23
1. New houses: landscaping requirements shall be the same as the Beach Districts
as provided in the Beach Property Owners Design Manual for the North Beach
and Seagate Neighborhoods.
2. Additions: supplemental landscaping shall be provided along that portion of
the house where the new upper floor addition occurs within five feet of the
minimum required setback lines. The intent of the requirement is to soften and
screen the upper story addition and shall generally consist of additional
vertical landscaping which would include 14-foot shade trees or 18-foot Palm
trees at spacings determined by the City Landscape Department to be
sufficient to meet the intent of this requirement.
(g) First floor maximum height:
1. Single-story or first floor limits shall be established by:
a. Height from finished floor elevation to top of beam (tie or bond)
shall not exceed 14 feet.
b. Any portion exceeding the dimensions described in Section
4.4.3(F)(2)(g)1.a. above shall be considered multi-story structures.
(h) Upper story height:
1. Height from finished floor elevation to finished floor elevation or top of beam
(tie or bond) shall not exceed 12 feet.
(3) Carver Square Brownfield Area development standards. The following development
standards apply to properties located in the Carver Square Brownfield Area (Resolution
No. 20-07 - Carver Square Lots 11-30).
(a) Setbacks.
(1) Front: 20 feet
(2) Side (Street): Ten feet
(3) Side (Interior): Seven and on-half feet
(4) Rear: Ten feet
(b) Setbacks for garages, carports and porte-cocheres.Required parking is not
allowed in the front or street side setback. Garages, carports and porte-cocheres
must have a minimum 20 feet setback when the entrance faces a public street or
alley.
11Ord. No. 32-23
(c) Porch encroachments.Front porches may extend five feet into the front or side
street setback and cannot be enclosed in any manner.
(4) Historic districts, sites, and buildings. In addition to the provisions of 4.3.4, pProperties
located within a Historic District or Individually Designated Sites, as listed on the Local
Register of Historic Places in Section 4.5.1(I), are subject to the provisions of Section
4.5.1.
(G) Supplemental district regulations.The supplemental district regulations as set forth in
Article 4.6 shall apply, except as modified below:
(1)In addition to the provisions of Section 4.3.4(K), properties located within the North
Beach/Seagate and Ocean Neighborhood Overlay Districts shall comply with the
provisions of the adopted Beach Property Owners Design Manual for the North Beach
and Seagate Neighborhoods including but not limited to visual compatibility standards
relating to limitations on height, width, mass, scale, materials, color, style, form, and
square footage.
(21) Within the Carver Square Brownfield Area (Resolution No. 20-07 - Carver Square Lots
11-30), all irrigation must be connected to a City water system and the provision of
irrigation from a well system is prohibited.
(3) Historic districts, sites, and buildings. Properties located within a Historic District or
Individually Designated Sites, as listed on the Local Register of Historic Places in
Section 4.5.1(I), shall comply with the Visual Compatibility Standards of Section
4.5.1(E)(7).
(H) - (J) (These subsections shall remain in full force and effect as adopted.)
Section 10. Chapter 4, “Zoning Regulations,” Article 4.4, “Base Zoning District,”
Section 4.4.4 “Mobile Home (MH) District,” of the Land Development Regulations of the City of
Delray Beach, Florida is amended as follows:
Sec. 4.4.4. Mobile Home (MH) District.
(A) - (D) (These subsections shall remain in full force and effect as adopted.)
(E)Reserved. Review and approval process.
(1) All principal uses and accessory uses thereto shall be allowed upon application to and
approval by the Chief Building Official for structures which require a building permit
and otherwise comply with applicable use restrictions.
(F) - (H) (These subsections shall remain in full force and effect as adopted.)
12 Ord. No. 32-23
Section 11. Chapter 4, “Zoning Regulations,” Article 4.4, “Base Zoning District,”
Section 4.4.5 “Low Density Residential (RL) District,” of the Land Development Regulations of
the City of Delray Beach, Florida is amended as follows:
Sec. 4.4.5. Low Density Residential (RL) District.
(A) - (D) (These subsections shall remain in full force and effect as adopted.)
(E)Review and approval process. Reserved.
(1) Single family and, duplex uses, and accessory uses thereto shall be allowed upon
application to and approval by the Chief Building Official for structures which require a
building permit and otherwise complying with applicable use restrictions.
(2) New multiple family uses and structures must be approved by the Site Plan Review and
Appearance Board pursuant the provisions of Section 2.4.5(F), 2.4.5(H), and (I), unless
it is a property located within a Historic District or Individually Designated Sites, as
listed on the Local Register of Historic Places in Section 4.5.1(I).
(3) The creation of a new lot for the purpose of building a single family residence requires
platting pursuant to Section 2.4.5(J) or (K), as applicable.
(4) Conditional uses must be approved pursuant to the provisions of Section 2.4.5(E).
(5) Any development of properties located within a Historic District or Individually
Designated Sites as listed on the Local Register of Historic Places in Section 4.5.1(I) is
subject to review by the Historic Preservation Board, pursuant to Section 2.2.6(D) .
(F) - (G) (These subsections shall remain in full force and effect as adopted.)
(H) Special regulations.
(1) A minimum density of three units per acre is established for duplex and multiple family
housing projects development within this district. Density may exceed the base of three
units per acre only after the approving body makes a finding that the project has
substantially complied with performance standards as listed in 4.4.5(I) Section
4.3.3(BB). In no event shall a development's total density exceed six units per acre.
(2) The density for a specific RL development in the RL zoning district may be further
limited by a numerical suffix affixed to the designation and shown on the zoning map
(i.e. RL-5 limits the density to five units per acre). To seek a density greater than allowed
by the suffix, it is necessary to rezone the property.
(3) For proposals to rezone property to RL with a density suffix, the approving body must
make a finding that the proposed density is appropriate based upon the land use map
13 Ord. No. 32-23
designations of surrounding property as well as the prevailing development pattern of
the surrounding area.
(2) Notwithstanding the above, a duplex may be situated upon a platted lot pursuant to
Section 4.3.4(I)(3)(b).
(3) The height of accessory structures shall not exceed the height of the associated principal
structure. Screen enclosures without a solid roof are excluded from this limit.
(4) The floor area of an accessory structure shall not exceed 40 percent of the floor area of
the principal structure.
(5) Recreational areas shall be are required for all new rental apartment developments, and
of owner occupied developments which havewith homeowner associations that must
care responsible for retention areas, private streets, or common areas. New developments
must include rRecreational features that are should be designed to accommodate
activities for children and youth of all ages ranges. Tot lots are appropriate for toddlers;
features such as a basketball court, volleyball court, and open playfields are appropriate
for older children. A pool and clubhouse, unless specifically designed for children, is not
considered to does not meet this requirement. Projects having with fewer than 25 units
may be exempted from this standard where it is determined by the approving body that
it is not practical or feasible to comply.
(I)Performance standards.
(1) These standards shall apply to all site plans approved subsequent to March 1, 2005, and
for modifications to existing developments which involve the creation of additional
residential units.
In order to increase a project density beyond three units per acre, the approving body must
make a finding that the development substantially complies with the performance standards listed
in this section. The intent of the standards is to mitigate the impacts of the additional density both
internal and external to the site. The extent to which a project meets the standards will determine
the number of units per acre that will be permitted. For example, if a project meets or exceeds all
of the standards, and is otherwise consistent with applicable standards and policies of the City's
Comprehensive Plan and Land Development Regulations, the maximum density is permitted.
Projects which only partially achieve these standards will be permitted a correspondingly lower
density. The performance standards are as follows:
(a) The traffic circulation system is designed to control speed and reduce volumes on
the interior and exterior street network. This can be accomplished through the use
of traffic calming devices; street networks consisting of loops and short segments;
multiple entrances and exits into the development; and similar measures that are
intended to minimize through traffic and keep speeds within the development at or
below 20 m.p.h.
14 Ord. No. 32-23
(b) Buildings are placed throughout the development in a manner that reduces the
overall massing, and provides a feeling of open space.
(c) Where immediately adjacent to residential zoning districts having a lower density,
building setbacks and landscape materials along those adjacent property lines are
increased beyond the required minimums in order to provide a meaningful buffer
to those lower density areas. Building setbacks are increased by at least 25 percent
of the required minimum; at least one tree per 30 linear feet (or fraction thereof) is
provided; trees exceed the required height at time of planting by 25 percent or more;
and a hedge, wall or fence is provided as a visual buffer between the properties.
(d)The development offers a varied streetscape and building design. For example,
setbacks are staggered and offset, with varying roof heights (for multi-family
buildings, the planes of the facades are offset to add interest and distinguish
individual units). Building elevations incorporate diversity in window and door
shapes and locations; features such as balconies, arches, porches, courtyards; and
design elements such as shutters, window mullions, quoins, decorative tiles, etc.
(e) A number of different unit types, sizes and floor plans are available within the
development in order to accommodate households of various ages and sizes. Multi-
family housing will at a minimum have a mix of one, two and three bedroom units
with varying floor plans. Single family housing (attached and detached) will at a
minimum offer a mix of three and four bedroom units with varying floor plans.
(f) The development is designed to preserve and enhance existing natural areas and/or
water bodies. Where no such areas exist, new areas which provide open space and
native habitat are created and incorporated into the project.
(g) The project provides a convenient and extensive bicycle/pedestrian network, and
access to available transit.
(2) It is acknowledged that some of the above referenced standards may not be entirely
applicable to small, infill type residential projects. For those types of projects, the
ultimate density should be based upon the attainment of those standards which are
applicable, as well as the development's ability to meet or exceed other minimum code
requirements.
(3) For vacant property that is proposed for rezoning to RL with a density suffix, the
approving body must make a finding that the proposed density is appropriate based upon
the future land use map designations of surrounding property as well as the prevailing
development pattern of the surrounding area.
Section 12. Chapter 4, “Zoning Regulations,” Article 4.4, “Base Zoning District,”
Section 4.4.6 “Medium Density Residential (RM) District,” of the Land Development Regulations
of the City of Delray Beach, Florida is amended as follows:
15 Ord. No. 32-23
Sec. 4.4.6. Medium Density Residential (RM) District.
(A) Purpose and intent.The Medium Density Residential (RM) District provides is a residential
zoning district with flexible densities having a base of six units per acre and a maximum
standard density of 12 units per acre, except within the Southwest Neighborhood Overlay
District and the Carver Estates Overlay District where the with a maximum incentive density
is of 24 units per acre in designated areas, subject to compliance with Article 4.7 and Section
4.3.3(BB). and within the Infill Workforce Housing Area, where the maximum density is 18
units per acre. The actual density of a particular RM development is based upon its ability to
achieve certain performance standards which are intended to mitigate the impacts of the
increased density and ensure that the project is compatible with surrounding land uses. Within
the Southwest Neighborhood Overlay District, the Southwest 10th Street Overlay District,
and the Carver Estates Overlay District, and the Infill Workforce Housing Area, the actual
density is also based upon the development's ability to comply with Article 4.7,
(Family/Workforce Housing). Further, the Medium Density Residential District provides for
implementation of those objectives and policies contained within the Housing Element of the
Comprehensive Plan which call for accommodating a variety of housing types.
(B) - (C) (These subsections shall remain in full force and effect as adopted.)
(D) Conditional uses and structures allowed. The following uses are allowed as conditional uses
within the RM District.
(1) Child care and adult day care.
(2) Private educational facilities subject to the restrictions set forth in Section 4.3.3(HHH).
(3) Churches, or places of worship, and their attendant educational, nursery, Sunday school,
recreational, and columbarium facilities. The foregoing does not allow establishment of
educational and care uses such as elementary school and general day care; however, such
uses may be established by a separate conditional use application for child care or
rezoning to CF, as appropriate.
(4) The use of common recreational facilities such as swimming pools, tennis courts, and
golf courses (associated with a subdivision) for club or commercial purposes.
(5) Single family detached residences in zero lot developments.
(6) Yacht club with facilities.
(7) Dock master facilities when associated with a multi-family development which has a
marina.
(8) Private beach clubs with attendant recreational, dining, and related accessory facilities
within one of the following areas: (a) the area lying south of Atlantic Dunes Park and
16 Ord. No. 32-23
east of State Road A1A, or (b) south of Casuarina Road, north of Bucida road, and east
of State Road A1A.
(9) Multiple family residential development may exceed 12 units per acre, up to a maximum
of 24 units per acre within the Southwest Neighborhood Overlay District defined in
Section 4.5.9, subject to the provisions of Section 4.4.6(I), Article 4.7, and based upon
the development's conformance with the applicable standards and criteria described
within the adopted Southwest Area Neighborhood Redevelopment Plan.
(10) Multiple family residential development may exceed 12 units per acre, up to a maximum
of 24 units per acre within the Carver Estates Overlay District as defined in Section
4.5.11 and up to a maximum of 18 units per acre within the Infill Workforce Housing
Area, subject to the provisions of Section 4.4.6(I), and Article 4.7.
(119) Bed and Breakfast Inns, subject to the provisions of LDR Section 4.3.3(Y).
(1210) Large Family Child Care Home, subject to Section 4.3.3(TT).
(1311) Community Residence housing four to ten individuals, except as required by state
law, that (1) is less than 660 linear feet from the closest existing community residence
housing four or more individuals as measured from the nearest property line of the
proposed community residence to the nearest property line of the closest existing
community residence, or (2) the State of Florida does not require the operator or
applicant to be licensed or certified to operate the proposed community residence, has
no certification from an appropriate national accrediting agency, or has not been
recognized or sanctioned by Congress to operate the proposed community residence.
(E)Review and approval process. Reserved.
(1) Single family and duplex uses and accessory uses thereto shall be allowed upon
application to and approval by the Chief Building Official for structures which require a
building permit and which otherwise comply with applicable use restrictions.
(2) New multiple family uses and structures must be approved by the Site Plan Review and
Appearance Board pursuant to the provisions of Section 2.4.5(F), 2.4.5(H), and (I) ,
unless the property is located within a designated historic district or is individually
designated.
(3) The creation of a new lot for the purpose of building a single family residence requires
platting pursuant to 2.4.5(J) or (K), as applicable.
(4) Conditional uses must be approved pursuant to the provisions of Section 2.4.5(E).
(5) Any development of properties located within a Historic District or Individually
Designated Sites as listed on the Local Register of Historic Places in Section 4.5.1(I) is
subject to review by the Historic Preservation Board, pursuant to Section 2.2.6(D).
17 Ord. No. 32-23
(F) Development standards.
(1) The provisions for the R-1-A District regulations shall apply for to single family
detached dwellings.
(2) The development standards as set forth in Section 4.3.4 shall apply for to duplex and
multi-family development, except as modified herein.
(3) Southwest Neighborhood and Carver Estates Overlay Districts and Infill Workforce
Housing Area Development Standards. The following development standards apply to
duplex and multi-family development in the Southwest Neighborhood Overlay District,
Carver Estates Overlay District and the Infill Workforce Housing Area, which is being
that are developed pursuant to regulations set forth in Article 4.7, "Family/Workforce
Housing".
(a) Setbacks.
(1i) Front: 15 feet
(2ii) Side (Street): 15 feet
(3iii)Side (Interior)—: 10 feet (One- and two-story): Ten feet 15 feet (third story
and above)
Three-story: 15 feet
(4iv) Rear: Ten feet
(b) Setbacks for garages, carports and porte-cocheres.Garages, carports and porte-
cocheres must have a minimum 20 feet setback when the entrance faces a public
street or alley.
(c) Porch encroachments.Front porches may extend five feet into the front or side
street setback and cannot occupy more than 50 feet of the building frontage and
cannot be enclosed in any manner.
(4) Historic districts, sites, and buildings. In addition to the provisions of 4.3.4, pProperties
located within a Historic District or Individually Designated Sites, as listed on the Local
Register of Historic Places in Section 4.5.1(I), are subject to the provisions of Section
4.5.1.
(G) Supplemental district regulations.In addition to the supplemental district regulations in
Article 4.6, the following supplemental regulations also apply in the RM zoning district. In
addition to the supplemental district regulations set forth in Article 4.6, the following
supplemental district regulations shall apply in the RM zone district.
18 Ord. No. 32-23
(1) Southwest Neighborhood and Carver Estates Overlay Districts and Infill Workforce
Housing Area. The following supplemental district regulations shall apply to duplex and
multi-family development in the Southwest Neighborhood Overlay District, Carver
Estates Overlay District and the Infill Workforce Housing Area, which is being that are
developed pursuant to regulations set forth in Article 4.7, "Family/Workforce Housing".
(a) Parking in the front yard Street-facing garages and parking is discouraged. No
pParking shall only be allowed in the front yard unless if there is no dedicated
access to the side or rear of the property.
(b) When garages are provided in the side or rear yards of the property, on-street
parking must be provided.
(2) Historic districts, sites, and buildings. Properties located within a Historic District or
Individually Designated Sites, as listed on the Local Register of Historic Places in
Section 4.5.1(I), shall comply with the Visual Compatibility Standards of Section
4.5.1(E)(7).
(H) Special regulations.
(1) A minimum density of six units per acre is established for duplex and multiple family
housing projects within this district. Density may exceed the base of six units per acre
only after the approving body makes a finding that the project has substantially complied
with the performance standards as listed in 4.4.6(I) Section 4.3.3(BB), which are
intended to mitigate the impacts of the increased density and ensure that the project is
compatible with surrounding land uses. In no event shall a development's total density
exceed 12 units per acre, except within the Southwest Neighborhood Overlay District,
Carver Estates Overlay District and the Infill Workforce Housing Area following
incentive areas:, as allowed by Section 4.4.6(D)(9) and 4.4.6(D)(10).
(a) Southwest Neighborhood Overlay District: Up to 24 dwelling units per acre are
allowed within the Southwest Neighborhood Overlay District, defined in Section
4.5.9, subject to compliance with Article 4.7.
(b) Carver Estates Overlay District:Up to 24 dwelling units per acre are allowed
within the Carver Estates Overlay District, defined in Section 4.5.11, subject to
compliance with Article 4.7.
(c) Infill Workforce Housing Area: Within the Infill Workforce Housing Area defined
in Section 4.5.12, up to 18 dwelling units per acre are allowed, subject to
compliance with Article 4.7.
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(d) S.W. 10Street Overlay District: Within the S.W. 10Street Overlay District
defined in Section 4.5.10, up to 24 dwelling units per acre are allowed, subject to
compliance with Article 4.7.
19 Ord. No. 32-23
(2) The density for a specific RM development may be further limited by a numerical suffix
affixed to the designation and shown on the zoning map (i.e. RM-8 limits the density to
eight units per acre). To seek a density greater than allowed by the suffix, it is necessary
to rezone the property.
(3) For proposals to rezone property to RM with a density suffix, the approving body must
make a finding that the proposed density is appropriate based upon the land use map
designations of surrounding property as well as the prevailing development pattern of
the surrounding area.
(2) Notwithstanding the above, a duplex may be situated upon a platted lot pursuant to
Section 4.3.4(I)(3)(b)
(34) Recreational areas shall be are required for all new rental apartment developments, and
of owner occupied developments which havewith homeowner associations that must
care responsible for retention areas, private streets, or common areas. New developments
must include rRecreational features that are should be designed to accommodate
activities for children and youth of all ages ranges. Tot lots are appropriate for toddlers;
features such as a basketball court, volleyball court, and open playfields are appropriate
for older children. A pool and clubhouse, unless specifically designed for children, is not
considered to does not meet this requirement. Projects having with fewer than 25 units
may be exempted from this standard where it is determined by the approving body that
it is not practical or feasible to comply.
(45) The height of accessory structures shall not exceed the height of the associated principal
structure. Screen enclosures without a solid roof are excluded from this limit.
(56) The floor area of an accessory structure shall not exceed 40 percent of the floor area of
the principal structure.
(6) Density bonuses. Density bonuses may be granted to eligible properties governed by
regulations set forth in Chapter 4, "Zoning Regulations", "Family/Workforce Housing"
as discussed below:
(a) Southwest Neighborhood and Carver Estates Overlay Districts and Infill
Workforce Housing Area: Density bonuses above 12 units per acre may be granted
as a Conditional Use to eligible properties within the Southwest Neighborhood and
Carver Estates Overlay Districts, defined in Section 4.5.9 and 4.5.11, respectively,
and within the Infill Workforce Housing Area, Section 4.5.12, subject to the
regulations set forth in Chapter 4, "Zoning Regulations", and Article 4.7,
"Family/Workforce Housing".
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(b) S.W. 10Street Overlay District: Within the S.W. 10Street Overlay District
defined in Section 4.5.10, in addition to the performance standards listed in Section
4.4.6(I), increases to a project's density beyond six units per acre is subject to the
20 Ord. No. 32-23
regulations set forth in Chapter 4, "Zoning Regulations", "Family/Workforce
Housing".
(I)Performance standards. (1)These standards shall apply to all site plans approved
subsequent to October 7, 1997, and for modifications to existing developments which involve
the creation of additional residential units.
In order to increase a project density beyond six units per acre, the approving body must
make a finding that the development substantially complies with the performance
standards listed in this section. The intent of the standards is to mitigate the impacts of
the additional density both internal and external to the site. The extent to which a project
meets the standards will determine the number of units per acre that will be permitted.
For example, if a project meets or exceeds all of the standards, and is otherwise
consistent with applicable standards and policies of the City's Comprehensive Plan and
Land Development Regulations, the maximum density is permitted. Projects which only
partially achieve these standards will be permitted a correspondingly lower density. The
performance standards are as follows:
(a) The traffic circulation system is designed to control speed and reduce volumes on
the interior and exterior street network. This can be accomplished through the use
of traffic calming devices; street networks consisting of loops and short segments;
multiple entrances and exits into the development; and similar measures that are
intended to minimize through traffic and keep speeds within the development at or
below 20 m.p.h.
(b) Buildings are placed throughout the development in a manner that reduces the
overall massing, and provides a feeling of open space.
(c) Where immediately adjacent to residential zoning districts having a lower density,
building setbacks and landscape materials along those adjacent property lines are
increased beyond the required minimums in order to provide a meaningful buffer
to those lower density areas. Building setbacks are increased by at least 25 percent
of the required minimum; at least one tree per 30 linear feet (or fraction thereof) is
provided; trees exceed the required height at time of planting by 25 percent or more;
and a hedge, wall or fence is provided as a visual buffer between the properties.
(d) The development offers a varied streetscape and building design. For example,
setbacks are staggered and offset, with varying roof heights (for multi-family
buildings, the planes of the facades are offset to add interest and distinguish
individual units). Building elevations incorporate diversity in window and door
shapes and locations; features such as balconies, arches, porches, courtyards; and
design elements such as shutters, window mullions, quoins, decorative tiles, etc.
(e) A number of different unit types, sizes and floor plans are available within the
development in order to accommodate households of various ages and sizes. Multi-
family housing will at a minimum have a mix of one, two and three bedroom units
with varying floor plans. Single family housing (attached and detached) will at a
minimum offer a mix of three and four bedroom units with varying floor plans.
(f) The development is designed to preserve and enhance existing natural areas and/or
water bodies. Where no such areas exist, new areas which provide open space and
native habitat are created and incorporated into the project.
21 Ord. No. 32-23
(g) The project provides a convenient and extensive bicycle/pedestrian network, and
access to available transit.
(2) It is acknowledged that some of the above referenced standards may not be entirely
applicable to small, infill type residential projects. For those types of projects, the
ultimate density should be based upon the attainment of those standards which are
applicable, as well as the development's ability to meet or exceed other minimum code
requirements.
(3)For vacant property that is proposed for rezoning to RM with a density suffix, the
approving body must made a finding that the proposed density is appropriate based upon
the future land use map designations of surrounding property as well as the prevailing
development pattern of the surrounding area.
Section 13. Chapter 4, “Zoning Regulations,” Article 4.4, “Base Zoning District,”
Section 4.4.7 “Planned Residential Development (PRD)District,” of the Land Development
Regulations of the City of Delray Beach, Florida is amended as follows:
Sec. 4.4.7. Planned Residential Development (PRD) District.
(A) - (D) (These subsections shall remain in full force and effect as adopted.)
(E)Review and approval process.
(1) All principal uses and structures must be approved by the Planning and Zoning Board
through a Master Development Plan processed pursuant to Section 2.4.5(F)Chapter 2.
(2) Site specific plans for multiple family open space, common areas, and recreational
aspectselements of the PRD must be approved by the Site Plan Review and Appearance
Board with respect to Section 2.4.5(F) and (H) pursuant to Chapter 2.
(3) Building Elevations must be approved by the Site Plan Review and Appearance Board
pursuant to Section 2.4.5(I) Chapter 2.
(4) Conditional uses must be approved pursuant to the provisions of Section 2.4.5(E).
(54) All PRDs must be platted pursuant to 2.4.5(J)Chapter 2.
(F) Development standards.
(1) The development standards as set forth in Section 4.3.4 shall apply to individual lots.
(2) The following standards apply to the overall development project:
(a) At least 50 percent of the units must be in single family detached units where the
overall density is six units per acre or less, or at least 40 percent where the overall
density is greater than six units per acre;
22 Ord. No. 32-23
(b) Fifteen percent of the gross area of the site must be placed in common open space
where the overall density is six units per acre or less, or at least 20 percent where
the overall density is greater than six units per acre;
(c) Minimum site area is five acres.
(G) Supplemental district regulations.The supplemental district regulations as set forth in
Article 4.6 shall apply.
(H) Special regulations.
(1)The density for a PRD is established by a numerical suffix affixed to the designation and
shown on the zoning map i.e. PRD-8 limits the density to eight units per acre. To seek a
density greater than that shown in such a manner the established density, it is necessary
to rezone the property. If there is no density suffix, then the maximum density shall be as
allowed by the Land Use Map.
(2) Prior to approving a Master Site Plan, the Planning and Zoning Board must make findings
that:
(a) The development plan provides 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 fosters harmony with existing or proposed development in
areas surrounding the site.
(c) Buildings in the layout shall be an integral part of the development and have
convenient access to and from adjacent uses and blocks;
(d) In the multiple family portion, individual buildings shall be related to each other in
design, masses, materials, placement, and connections so as to provide a visually and
physically integrated development. Treatment of the sides and rear of buildings shall
be comparable in amenity and appearance to the treatment given to the front.
(e) The landscape treatment for plazas, streets, paths, and service and parking areas shall
be designed as an integral part of a coordinated landscape and street furniture design.
(f) The location, shape, size, and character of the common open space must be suitable
for the contemplated development in terms of density, population characteristics, and
housing types;
(g) 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;
23 Ord. No. 32-23
(h) Roads, pedestrian pathways, and open space shall be designed as an integral part of
the overall design and shall be properly related to buildings and appropriately
landscaped;
(i) There shall be an adequate amount network of pedestrian pathways and landscape
spacesareas to limit provide safe pedestrian use of separate from vehicular ways
travel lanes, and to separate pedestrian pathways and public transportation loading
placesareas from general vehicular circulation;
(j) The location and design of pedestrian pathways should emphasize desirable views of
new and existing development.
(k) Tot lots and recreational areas shall be a feature of all new housing developments
containing more than 12 units and located outside the downtown area.
(3) The height of accessory structures shall not exceed the height of the associated principal
structure. Screen enclosures without a solid roof are excluded from this limit.
(4) The floor area of an accessory structure shall not exceed 40 percent of the floor area of
the principal structure.
Section 14. Chapter 4, “Zoning Regulations,” Article 4.4, “Base Zoning District,”
Section 4.4.9 “General Commercial (GC)District,” of the Land Development Regulations of the
City of Delray Beach, Florida is amended as follows:
Sec. 4.4.9. General Commercial (GC) District.
(A) Purpose and intent. The General Commercial (GC) District provides basic regulations for
small parcels which are best suited for general retail and office uses. In addition, this district
has provisions regulations in the Four Corners Overlay District which that encourages mixed
use development that may include retail, office, and multi-family uses. The GC designation is
applied to small parcels, most of which are developed, where adherence to standard
regulations is most appropriate. The GC designation is to be applied primarily along arterial
and collector streets. Uses may be conducted singularly or in combination within the same
structure.
(B) - (C) (These subsections shall remain in full force and effect as adopted.)
(D) Conditional uses and structures allowed. The following are allowed as conditional uses
within the GC District, except as modified in the North Federal Highway Overlay District by
Section 4.4.9(G)(2) and except as modified in the Four Corners Overlay District by Section
4.4.9(G)(3)(c).
(1) Amusement game facilities.
(2) Wash establishments or facilities for vehicles.
24 Ord. No. 32-23
(3) Child Care and Adult Day Care.
(4) Clubs and Lodges; social, fraternal, and recreational not exceeding 3,500 square feet of
gross floor area.
(5) Drive-in Theaters.
(6) Flea Markets, bazaars, merchandise marts, and similar retail uses.
(7) Funeral Homes.
(8) Gasoline Stations or the dispensing of gasoline directly into vehicles.
(9) Hotels and Motels.
(10) Free-standing multiple-family housing subject to the requirements of the RM District
except for setback and height requirements which shall be pursuant to this Section.
(11) Recreational establishments such as bowling alleys, gymnasiums, health spas, miniature
golf courses, skating rinks.
(12) Sales and service of All Terrain Vehicles and personal watercraft (waverunners, jet skis),
with no outside display, outside storage or outside service.
(13) Vehicle care limited to the changing of oil and filters, and lubrication with no mechanical
work or outside storage of vehicles except as a part of a gasoline station.
(14) Pet services, pet hotels, and veterinary clinics, subject to Section 4.3.3(W).
(15) Group Home, Type 2 and Community Residential Homes, pursuant to restrictions set
forth in Section 4.3.3(I).
(16) Adult Gaming Centers.
(17) Churches or places of worship, and their attendant Sunday school, recreational and
columbarium facilities not exceeding 3,500 square feet of gross floor area. The foregoing
does not allow establishment of educational and care uses such as elementary school and
general day care.
(18) Multiple family residential development, including assisted living facilities that do not
comport with the definition of "community residence," may exceed 12 units per acre, up
to a maximum of 22 units per acre within the Infill Workforce Housing Area, subject to
the provisions of Section 4.4.6(I), and Article 4.7, and subject to the requirements of the
RM District except for setback and height requirements, which shall be pursuant to this
Section.
25 Ord. No. 32-23
(1918) Assisted Living Facilities that do not comport with the definition of "community
residence", Nursing Homes, and Continuing Care Facilities subject to the requirements
of the RM District except for setback and height requirements which shall be pursuant to
this Section.
(2019) Large Family Child Care Home, subject to Section 4.3.3(TT).
(2120) Community Residence housing four to ten individuals, except as required by state
law, that (1) is less than 660 linear feet from the closest existing community residence
housing fouror more individuals as measured from the nearest property line of the
proposed community residence to the nearest property line of the existing community
residence, or (2) the State of Florida does not require the operator or applicant to be
licensed or certified to operate the proposed community residence, has no certification
from an appropriate national accrediting agency, or has not been recognized or sanctioned
by Congress to operate the proposed community residence.
(E)Review and approval process.
(1) In established structures, uses shall be allowed therein upon application to, and approval
by, the Chief Building Official for a certificate of occupancy.
(2) For all new development, site plan approval must be granted by the Site Plan Review
and Appearance Board pursuant to Sections 2.4.5(F), (G), (I), except for development in
the Four Corners Overlay District which is subject to the provisions of Section
4.4.9(E)(4) below.
(3) Conditional uses must be approved pursuant to the provisions of Section 2.4.5(E).
(41) All Ddevelopment within the Four Corners Overlay District shall be governed by a
Master Development Plan (MDP). The MDP shall consist of a narrative; a land use map;
conceptual site plan, landscaping, and utility plans; and conceptual elevations and
architectural information. A MDP shall be processed pursuant to Section 2.4.5(F)
Chapter 2 with approval granted by the Planning and Zoning Board. A MDP may be
modified pursuant to Section 2.4.5(G) Chapter 2. Approval of any new development
approval within an MDP must be granted by the Site Plan Review and Appearance Board
with respect to Sections 2.4.5(F), (H), and (I) pursuant to Chapter 2 and be consistent
with the approved Master Development Plan (MDP). A site plan modification shall
follow procedures outlined in Section 2.4.5(G) Chapter 2.
(a) Applications for site plan approval pursuant to Section 4.4.13(1) must include, in
addition to the standard application items of 2.4.3(A), a site and development plan
(including landscaping, elevations, and floor plans) that is of with sufficient detail
to determine that the applicable performance standards are being met, and that is
consistent with the adopted MDP. Final approval of tThe detailed site plan is by the
26 Ord. No. 32-23
Site Plan Review and Appearance Board and is to be consistent with adopted
(MDP) processed pursuant to Chapter 2.
(b) Waivers and internal adjustments to these standards may be approved by the
Planning and Zoning Board concurrent and as a part of the approval of a Master
Development Plan ( the MDP).
(c)When considering a Master Development Plan (MDP) in the Four Corners Overlay,
the Planning and Zoning Board may attach suitable conditions, safeguards, and
stipulations to address the specific characteristics of the site and potential impacts
of the proposed development.
(F) (This subsection shall remain in full force and effect as adopted.)
(G) Supplemental district regulations.In addition to the supplemental district regulations set
forth in Article 4.6, the following supplemental district regulations shall apply in the GC
District.
(1) - (2) (These subsections shall remain in full force and effect as adopted.)
(3) Four Corners Overlay District. The following supplemental district regulations apply
to the Four Corners Overlay District, as defined in Section 4.5.14.
(a) The permitted uses shall be those uses listed in Sections 4.4.9(B)(1,2,4,5,8).
(b) The accessory uses shall be those uses listed in Section (C).
(c) The conditional uses shall be those uses listed in Sections (D)(2, 3, 9, 11, 14, 19,
and 20).
(d) Standards pertaining to aAllocation of uses.
1. Office uses can encompass up to 100 percent of the total building square
footage within a Four Corners Overlay master development plan.
2. Retail uses shall not encompass more than 100 percent of the total building
area square footage of the Four Corners Overlay master development plan.
3. Hotels, motels, and residential all suite lodging shall not encompass more than
20 percent of the total building area square footage of the Four Corners
Overlay master development plan. Notwithstanding the above, hotels, motels
and residential all suite lodging can comprise 100 percent of the floor area of
an individual building within a MDP containing multiple buildings.
27 Ord. No. 32-23
4. Multi-family Ddwelling Uunits: Multi-family uses and assisted living
facilities, but excluding duplexes, subject to (a)(b)(c)(d)(e) below, ranging in
with a density not to exceed 30 units per acre, subject to the following:
a. Residential units may comprise 75 percent of the total floor area of
the development master plan at a maximum density of 30 units per
acre and only when proposed as part of a mixed-use development
containing office and/or commercial uses.
b. Residential developments must include a minimum of 20 percent
workforce units consisting of moderate income workforce units as
defined by Article 4.7 Family/Workforce Housing.
c. Workforce units shall be are subject to general provisions
requirements of Article 4.7.6, 4.7.7, 4.7.8, 4.7.9, and 4.7.10 4.7.5,
4.7.6, and 4.7.7 .
d. For mixed-use developments, the shared parking provisions in of
LDR Section 4.6.9(C)(8) shall be allowed apply.
e. All residential dDevelopments with a residential component shall be
are subject to the Pperformance Sstandards of 4.4.13(l)(2) in Section
4.3.3(BB).
(e) Standards Uunique to the Four Corners Overlay District. Where standards unique
to the Four Corners Overlay District conflict with standards contained established
elsewhere in the zoning, subdivision, and landscape codesLDR, the standards of
this Subsection shall apply:
1. Lot coverage and open space.
a. Land area equal to at least 25 percent of the individual Four Corners
Overlay District Master Development Plan (MDP), including the
perimeter landscaped boundary, shall be in must be open space.
Water bodies and paved areas shall not be included in the meeting
of this cannot be applied to the 25 percent open space requirement.
2. Minimum Sstructure Ssize:. Any free-standing non-residential principal
structure shall have a minimum floor area of 4,000 square feet; shall be
architecturally consistent with other structures in the master development plan
MDP; and shall have direct access to and from other portions of the Four
Corners Overlay development.
3. Office and CommercialRequired fFloor hHeights. The first floor shall be a
minimum of 12 feet floor to flooron the first floor, andall floors above shall
be ten feet floor to floor on all floors above. Residential uses shall have a
28 Ord. No. 32-23
minimum of nine feet floor to floor on all floors. Hotel, motel and residential
all suite lodging shall have a minimum of eight feet six inches floor to floor
on all floors. Auxiliary and service rooms, such as, garages, restrooms, closets,
laundry rooms, dressing rooms, storage rooms, mechanical, electrical, and
plumbing equipment rooms are exempted from the floor height regulations.
(4) Lintco Development Overlay District. Within the Lintco Development Overlay District,
as defined by Section 4.5.19(A), non-residential development intensity in non-residential
or mixed-use developments shall be limited to a maximum Floor Area Ratio (FAR) of
0.36.
(5)Infill Workforce Housing Overlay District.Within the Infill Workforce Housing
Overlay District, as defined by Section 4.5.12, non-residential development intensity in
non-residential or mixed-use developments shall be limited to a maximum Floor Area
Ratio (FAR) of 0.75. Multiple family residential development, including assisted living
facilities that do not comport with the definition of "community residence," are subject
to RM District development standards, except for setback and height requirements,
which are pursuant to GC standards. Density may exceed 12 units per acre, up to a
maximum of 22 units per acre, subject to compliance with Section 4.3.3(BB) and Article
4.7.
(H) (This subsection shall remain in full force and effect as adopted.)
Section 15. Chapter 4, “Zoning Regulations,” Article 4.4, “Base Zoning District,”
Section 4.4.10 “Automotive Commercial (AC) District,” of the Land Development Regulations of
the City of Delray Beach, Florida is amended as follows:
Sec. 4.4.10. Automotive Commercial (AC) District.
(A) - (D) (These subsections shall remain in full force and effect as adopted.)
(E)Review and approval process. Reserved.
(1) All principal uses, and accessory uses thereto shall be allowed upon approval by the Site
Plan Review and Appearance Board pursuant to provisions of Section 2.4.5(F), 2.4.5(H),
and 2.4.5(I).
(2) Conditional uses must be approved pursuant to the provisions of Section 2.4.5(E).
(F) Development standards.
(1) The development standards as set forth in Section 4.3.4 shall apply.
(2) In addition, tThe sale, lease, or rental of automobiles, boats, recreational vehicles, or
trucks shall be conducted on a lot which has the following dimensions and area:
29 Ord. No. 32-23
(a) Minimum frontage of 125 feet.
(b) Minimum width of 125 feet.
(c) Minimum depth of 200 feet.
(d) Minimum area of one and one-half acres.
(e) Exception. The foregoing may be waived for sites properties where a use, as listed
above, had been was legally established and continues in a nonconforming state, or
for the expansion of such a site where it is sufficiently demonstrated that it is not
physically possible to achieve, or it is not feasible to assemble additional lands to
achievethe minimum requirements. In any event, tThe area established for such use
must be comprised of a single lot, or a combination of abutting lotswhich abut one
another, except if, which may be separated by an alley but not by a street.
(3) North Federal Highway Area. The following development standard shall apply applies
to parcels which have with frontage on North Federal Highway or the North Federal
th th th
Highway one-way pairs (N.E. 5Avenue and N.E. 6Avenue) between N.E. 4Street
and the north City limits.
(a) Parcels shall have a minimum front building setback of five feet measured from the
ultimate right-of-way line. The maximum setback shall be 15 feet, unless it can be
demonstrated to the Site Plan Review and Appearance Board approving body that
it is not feasible to comply with this standard.
(G) Supplemental district regulations.The supplemental district regulations as set forth in
Article 4.6 shall apply except as modified and added to herein.
(1) Outside display. Outside display areas for sale, lease, or rental of vehicles shall be
designed as follows:
(a) Such areas must be separated from all adjacent streets, asphalt, or vehicular use
areas by a hedge or berm at least three feet high and trees planted at least 40 feet on
center. However, the hedge may be planted at such a location that at least 24 inches
of the hedge is above the finished grade of the adjacent parking area.
(b) Such areas must be separated from all residential zoning districts, whether or not
separated by a street or alley, by a six-foot high, solid masonry wall with decorative
finished surfaces (e.g., stuccoed and capped) on both sides. Where the If a display
area is separated from residential zoning districts by an arterial or collector right-
of-way, or under other singular circumstance, the wall may be waived by the Site
Plan Review and Appearance Board approving body concurrent with site plan
approval action.
30 Ord. No. 32-23
(c) The depth of the landscape strip between the car display and the ultimate right-of-
way shall be as provided in Section 4.3.4(H)(6), with the following exceptions.
(1)1. Lots with a depth greater than 250 feet. As an alternative to the special
landscape setback provisions requirements in Section 4.3.4(H)(6), for lots with
a depth in excess of 250 feet, the outdoor display area may be allowed to
encroach into the required landscaped setback up to 50 percent, so as to form
a scalloped effect. However, the total amount of green space required along
the right-of-way may not be reduced. In no case may the car display area
encroach closer than ten feet to the ultimate right-of-way.
(2)2. Other exceptions. Further, the Site Plan Review and Appearance Board
approving body may waive or reduce the special landscape setback provision
on existing sites or for additions to existing sites where it can be demonstrated
that it is not feasible to comply due to physical constraints on the siteof the
property.
(d) If the outdoor display area is located adjacent to any other a street, or adjacent to an
alley whichthat separates it from a residential zoning district, then the display area
shall not be located closer than ten feet from to the adjacent separator street or alley.
This ten-foot setback shall be required to be landscaped and the six-foot wall as
required in subsection (G)(1)(b) above may be permitted within five feet of the
separator street or alley with trees planted 25 feet on center inside the wall.
(e) If the outdoor display area is located adjacent to nonresidential zoning, a landscape
strip with a minimum width of five feet shall be is required.
(f) The outdoor display area shall be designed and constructed in accordance with
Section 4.6.9(D). However, establishments which that sell or lease at least 50
percent of their stock as compact cars, may design up to 50 percent of their outdoor
display area in accordance with the compact parking design criteria.
(2) Bullpen areas.
(a) Vehicles may be stored on an approved parking surface without reference to
parking stalls, stall striping, or wheel stops. This type of parking, called bullpen
parking shall be allowed only pursuant to a site plan which is prepared and approved
based upon the following:
*1. Wherever reasonably possible as determined by the Planning and Zoning
Board approving body, bullpen areas shall be separated from a street by an
outdoor display area, customer or employee parking area, or a building. Where
not reasonablepossible, the landscaping and separation requirements of
Subsection (G)(1)(b) shall apply.
31 Ord. No. 32-23
*2. Landscaping strips and landscaped islands internal to the bullpen parking area
are not required; however, the ten percent interior landscaping requirement
shall be met by transferring the required landscaping to the perimeter of the
site and/or bullpen area. The transferred landscaped areas shall be designed
and located so as to mitigate and buffer the impact of the aggregated car
storage area.
(b)Bullpen parking shall not be counted toward meeting the parking requirements
established in Section 4.6.9.
(c) A bullpen parking arrangement may also be used for an employee parking area
provided that it complies withthe provisions ofSubsection (G)(2)(a) and is in
conjunction with a full-service new car automobile dealership. Employee parking
provided in a bullpen arrangement may count toward meeting employee parking
requirements.
(3) Customer and employee parking areas. Customer and employee parking areas shall be
provided in accordance with Section 4.6.9(C)(3)(f).
(4) Locational restrictions.
(a) Repair facilities and paint and body shops shall be located at least 100 feet from
any residentially-zoned lotproperty. Service bay doors shall not be oriented toward
any adjacent residentially-zoned property, except where currently existing, nor
oriented toward any adjacent public street unless it can be demonstrated to the Site
Plan Review and Appearance Board approving body that it is not feasible to
comply.
(b) Accessory fuel pump islands and automated wash facilities for vehicles shall not be
located within 100 feet of any residentially-zoned property. Wash facilities shall be
located within a completely enclosed building. Fuel pump islands, shall be located
within an enclosed area so that they are not visible off premises.
(5)Use and operating restrictions.
(a)Except for automobiles, trucks, pickup trucks, vans, jeeps, motorcycle and
recreation vehicles, no other outdoor sales or display of any materials, products, or
goods shall be permitted. No industrial equipment shall be sold, leased, rented, or
otherwise stored within the AC District. However, wherever reasonably possible,
as determined by the City, trucks other than pickup trucks, vans, and jeeps shall be
displayed in areas which are separated from a street by an outdoor display area for
other permitted vehicles, customer or employee parking areas, or buildings.
(b)No vehicle shall be parked with its hood or trunk open, nor elevated off the ground
in any way. Vehicles shall not be parked in any right-of-way or driveway.
32 Ord. No. 32-23
(c) Other than information which is required by law to be posted on the side window
of vehiclesdisplayed on a sticker affixed to a side window, advertising, flags,
pennants, streamers, balloons, signs or vehicle stock numbers shall not be displayed
on any vehicle or equipment. Similar objects, gimmicks, or advertising designed to
attract the public's attention shall not be displayed outdoors on any lot, building,
vehicle, or equipment except as permitted by Section 4.6.7.
(d)Except for existing areas designated for off-loading, any areas designated for the
off-loading of vehicles or for loading and deliveries shall be located to the rear of
buildings and shall be located so as to contain noise on-site. These areas shall not
be located closer than 100 feet from any residentially- zoned lot, and shall be
appropriately designated, marked, and signed.
(e) Dealers are prohibited from using residential streets for the testing of vehicles after
servicing and for the demonstration of vehicles.
(6) Lighting restrictions. Exterior lighting fixtures shall not exceed 25 feet in height; shall
be directed away from adjacent properties; shall be a sharp cutoff, luminary; shall
confine light to the site only; and shall not exceed when measured at ten feet inside any
property line, the following illumination:
(a) One hundred foot-candles within display areas.
(b) Forty foot-candles within all other areas.
(c) After 11:00 p.m., the illumination in display areas shall be reduced to 50 foot-
candles.
(H) Special regulations.
(1) Compliance upon establishment of use. The standards and supplemental regulations of
this Section 4.4.10 shall apply upon the establishment of any new use or conversion to a
different use as specifically identified in subsections (B) or (D).
(21) Compliance upon expansion of area. When there is not a change of use, but there is an
expansion of area devoted to any use and such expansion involves an increase in use
area of 30 percent, or greater, in a cumulative amount, than that which existed as of April
14, 1987, the entire site shall be brought into compliance with the standards and
supplemental regulations of this Section. If such expansion is less than 30 percent, the
standards and design portions of the supplemental regulations shall apply only to that
portion of the site which is being improved.
(32) Compliance upon expansion of building area. When there is not a change of use, but
there is an expansion of building area and such expansion involves an increase in total
floor area of 30 percent, or greater, in a cumulative amount, than that which existed as
of April 14, 1987, the entire site shall be brought into compliance with the standards and
33 Ord. No. 32-23
supplemental regulations of this Section. If such expansion is less than 30 percent, the
standards and design portions of the supplemental regulations shall apply only to that
portion of the site which is adjacent to and required to be improved to comply with
landscape and parking requirements made necessary by the addition. This provision for
total site upgrading may be waived by the Site Plan Review and Appearance Board
approving body in instances where because of the small size of the structure in
relationship to the totality of the site, the upgrade is infeasible or impractical.
(43) Compliance with operating and use procedures. Notwithstanding the previous,
provisions of the requirements of Subsection (G)(5) shall be complied with by all uses
whether preexisting or not.
(54) Relief from open space requirements: Whenever the requirement to bring an existing
site into full compliance triggers a requirement to increase the percentage of open space
pursuant to the provisions of Section 4.3.4(K), a reduction of that requirement may be
approved by the Site Plan Review and Appearance Board approving body; however, in
no instance shall the percentage be reduced below the existing percentage of open space.
Concurrent with granting a reduction, the Board must find that such reduction does not
diminish the practical application of the requirement, particularly as it relates to the
perimeter of the site.
Section 16. Chapter 4, “Zoning Regulations,” Article 4.4, “Base Zoning District,”
Section 4.4.11 “Neighborhood Commercial (NC) District,” of the Land Development Regulations
of the City of Delray Beach, Florida is amended as follows:
Sec. 4.4.11. Neighborhood Commercial (NC) District.
(A) Purpose and intent. The Neighborhood Commercial (NC) District provides the opportunity
to locate limited retail and service uses in a manner convenient to and yet not disruptive to
residential areas.
(B) Principal uses and structures permitted. The following types of uses are allowed as a
permitted use within the NC District subject to the limitations perin Subsection (H) as a
permitted use:
(1) Retail uses and/or facilities such as: convenience foods; household supplies; garden and
lawn supplies; pharmacies; small appliance sales and repairs; baked goods; delicatessen
goods.
(2)Provision of services such as: barber and beauty shops; dry cleaning limited to on-site
processing for customer pickup only; dry cleaning and laundry pickup stations;
vocational schools limited to arts and crafts, business, beauty, dancing, driving,
gymnastics, photography, modeling, and karate-judo; financing e.g. banks and similar
institutions excluding drive-through facilities; laundromats limited to self-service
facilities; Neighborhood Electric Vehicle (NEV) sales, lease or rental transactions only
34 Ord. No. 32-23
(no inventory on site for any purpose), dining at sit down restaurants including takeout
and ice cream parlors but excluding drive-in, drive-through facilities; newsstands.
(3) Business and professional offices.
(4) Urban Agriculture pursuant to regulations set forth in Section 4.3.3(D).
(C) - (D) (These subsections shall remain in full force and effect as adopted.)
(E)Review and approval process. Reserved.
(1)In established structures,uses shall be allowed therein upon application to, and approval
by, the Chief Building Official for a certificate of occupancy.
(2) For any new development, approval must be granted by the Site Plan Review and
Appearance Board pursuant to Sections 2.4.5(F), (G), and (I).
(3) Conditional uses must be approved pursuant to the provisions of Section 2.4.5(E).
(F) Development standards. In addition to the development standards set forth in Section 4.3.4,
the following shall apply:
(1) Maximum site area of two acres.
(2) Special Landscape Area: Within the first ten feet of the front yard setback area (abutting
the property line) full landscaping shall be provided. Driveways and sidewalks shall be
accommodated only when generally perpendicular to the property line.
(3) Except in the Wallace Drive Overlay District, as defined in Section 4.5.8(A), any free-
standing structure which accommodates a principal or conditional use shall have a
minimum floor area of 4,000 square feet.
(4) Wallace Drive Overlay District Development Standards: Within the Wallace Drive
Overlay District, as defined in Section 4.5.8(A), the Development Standards depicted in
the Section 4.3.4(K) Development Standards Matrix, shall be the same as those of the
MIC (Mixed Industrial and Commercial) zoning district.
(G) Supplemental district regulations. In addition to the supplemental district regulations as set
forth in Article 4.6, the following shall apply.
(1) Within the Wallace Drive Overlay District, as defined in Section 4.5.8(A), the maximum
Floor Area Ratio (FAR) is 0.25.
(H) Special regulations.
35 Ord. No. 32-23
(1) Except in the Wallace Drive Overlay District, as defined in Section 4.5.8(A), the
maximum area devoted to a single tenant for office or service uses shall not exceed 2,000
square feet in floor area. Notwithstanding the above, bBanks or similar financial
institutions excluding drive-through bank facilities, may not exceed 6,000 square feet.
The intent of these restrictions is to maintain the center at the neighborhood scale.
(2) Except in the Wallace Drive Overlay District, as defined in Section 4.5.8(A), the
maximum floor area which can be allocated to a single retail use, or groups of similar
(retail, office, services) principal uses, shall not exceed 10,000 square feet.
(3) Outdoor storage of any kind is prohibited, except as permitted herein.
(4) Twenty-four-hour or late night businesses as defined herein must be processed as a
conditional use and are subject to the provisions of Section 4.3.3(VV).
Section 17. Chapter 4, “Zoning Regulations,” Article 4.4, “Base Zoning District,”
Section 4.4.12 “Planned Commercial (PC) District,” of the Land Development Regulations of the
City of Delray Beach, Florida is amended as follows:
Sec. 4.4.12. Planned Commercial (PC) District.
(A) Purpose and intent. The Planned Commercial (PC) District provides for the establishment of
retail, office, and other commercial activities to be established on large sites in a well-planned,
functional, and aesthetically pleasing manner; residential is allowed on a limited basis to
preserve the generally non-residential character of the PC district. The PC District shall be
applied to properties designated as General Commercial on the Land Use Map where the
unified development is, or will be, in excess of five acres; or when it is appropriate to preserve
the character of certain specialty retail and office centers; or to ensure that certain high
visibility areas are attractively developed. Institutional uses may also be permitted as part of
the Medical Arts Overlay District. Residential uses may also be included as part of a mixed-
use development, Wwithin the Four Corners Overlay District and the Linton Commons
Overlay District. provided at least 20 percent of the units are workforce housing units that
comply with the provisions of Article 4.7, "Family/Workforce Housing" with a maximum
density of 30 dwelling units per acre. The actual density will be based upon the development's
ability to achieve the performance standards of Section 4.4.6(I). Institutional uses may also
be permitted as part of the Medical Arts Overlay District. The PC District shall be applied to
properties designated as General Commercial on the Land Use Map where the unified
development is, or will be, in excess of five acres; or when it is appropriate to preserve the
character of certain specialty retail and office centers; or to ensure that certain high visibility
areas are attractively developed.
(B) Principal uses and structures permitted. The following types of uses are allowed within the
PC District, including in the Linton Commons Overlay District, as a permitted use, except
within the Four Corners Overlay District, which shall be pursuantis subject to Section
4.4.9(G)(3)(a):
36 Ord. No. 32-23
(1) All uses allowed as such within the GC District \[Section 4.4.9(B)(1) through (5), (7),
(8), and (10)\].
(2) Automobile brokerage, including vehicle display within an enclosed structure, but
excluding any preparation, service, or repair work.
(C) - (D) (These subsections shall remain in full force and effect as adopted.)
(E) Review and approval process.
(1) In established structures, uses shall be allowed therein upon application to, and approval
by, the Chief Building Official for a certificate of occupancy.
(2) For any new development, approval must be granted by the Site Plan Review and
Appearance Board pursuant to Sections 2.4.5(F), 2.4.5(H), and 2.4.5(I).
(3) Conditional uses must be approved pursuant to the provisions of Section 2.4.5(E).
(41) A Master Development Plan may be processed for large scale or phased projects.
(5) All development within the Four Corners Overlay District shall comply with the
provisions of Section 4.4.9(E)(4).
(F) (This subsection shall remain in full force and effect as adopted.)
(G) Supplemental district regulations.In addition to the supplemental district regulationsset
forth in Article 4.6, the following shall apply.
(1) Development within the Lindell/Federal Redevelopment Area Overlay District
(Redevelopment Area #6) shall be consistent with the provisions contained within the
adopted Redevelopment Plan for the area, as particularly described under the chapter
entitled with particular attention to "Section 4: Plan for Future Development."
(2) Within the portion of the Redevelopment Area that is bounded by Dixie Highway on the
west, the C-15 canal on the south, Federal Highway on the east, and Avenue K
(extended) on the north, multiple family residential development and assisted living
facilities with densities of up to 16 units per acre are allowed as a conditional use, subject
to the provisions of LDR Section 4.4.6 RM (Medium Density Residential) Zoning
District, subsection (I), Performance Standards RM development standards in Section
4.3.4, the performance standards in Section 4.3.3(BB), and based upon the
development's conformance with conformity to the applicable standards and criteria
described within the adopted Redevelopment Plan.
(3) Dwelling units are permitted within the same structure as commercial uses with no
restriction on the percentage of each use allowed. In the event that residential and
37 Ord. No. 32-23
nonresidential uses are located in the same structure, r Residential uses and
nonresidential uses must be physically separated and have separate accessways.
(4) All development within the Four Corners Overlay District shall also comply with the
provisions of Section 4.4.9(G)(3)(d) and (e) and Section 4.4.9(E)(4).
(5) Within the Silver Terrace Courtyards Overlay District, as defined by Section 4.5.17,
multi-family residential, assisted living facilities and mixed-use development with
residential densities up to 22 units per acre are allowed as a conditional use, subject to
the provisions of LDR Section 4.4.6 RM (Medium Density Residential) Zoning District,
subsection (I), Performance Standards, provided at least 20 percent of the units are
workforce units which comply with the provisions of Article 4.7, "Family/Workforce
Housing". The maximum nonresidential Floor Area Ratio (FAR) within the overlay
district is 0.75.
(6) Within the Medical Arts Overlay District, as defined in Section 4.5.18, in addition to the
uses listed in 4.4.12(B), the following uses are also allowed as permitted uses:
(a) Institutional uses, such as: Non-residential Licensed Service Provider Facilities;
Hospitals, with or without helipads and associated laboratories; Treatment Centers;
Rehabilitation Centers; Testing Facilities; and Mental Health Treatment Facilities,
including residential care.
(7) Within the Linton Commons Overlay District, as defined in Section 4.5.21, multi-family
residential, assisted living facilities and mixed-use development with residential
densities up to 30 units per acre are allowed as a conditional use, provided at least 20
percent of the units are workforce units that comply with the provisions of Article 4.7,
"Family/Workforce Housing."
(H) (This subsection shall remain in full force and effect as adopted.)
Section 18. Chapter 4, “Zoning Regulations,” Article 4.4, “Base Zoning District,”
Section 4.4.13 “Central Business (CBD) District,” of the Land Development Regulations of the
City of Delray Beach, Florida is amended as follows:
Sec. 4.4.13. Central Business (CBD) District.
(A) - (E) (These subsections shall remain in full force and effect as adopted.)
(F) Architectural standards. To ensure high quality architecture in the downtown area, the
following architectural standards apply to all buildings in the Central Business District Sub-
districts and in the OSSHAD with CBD Overlay. In addition to the standards in Section
4.6.18, the following standards apply in all CBD Sub-districts.
(1) - (7) (These subsections shall remain in full force and effect as adopted.)
38 Ord. No. 32-23
(8) Parking garages. Above ground parking garages shall comply with the architectural
requirements of this Section and the following additional requirements:
(a) Ramps shall be visually screened from streets and adjacent residential zoning
districts and oriented towards the interior of the lot within a project where
possible. Ramp profiles shall be hidden on the exterior elevations.
(b) Roof top parking shall be visually screened with articulated parapet walls or other
architectural treatment acceptable to the Site Plan Review and Appearance
Boardreviewing body. Exterior lighting shall utilize fixtures provided with cut-off
shielding in order to eliminate glare and spillage onto adjacent properties and
roadways.
(c) The openings of the garage shall be designed in a manner that obscures parked
vehicles. Decorative architectural elements on the ground floor level shall be
designed to accommodate the pedestrian scale. Parking levels above the ground
floor shall maintain the same vertical and horizontal articulation or rhythm and
incremental appearance established on the ground floor.
(d) Setback waiver. The SPRAB or HPB reviewing body may grant a waiver from the
setback requirements of Section 4.4.13(D) for any portions of the building above
three stories to maximize the efficiency of a parking garage, subject to the
following requirements:
1. The garage or the garage portion of the building elevation provides unified
design elements with the main building through the use of similar materials
and color, vertical and horizontal elements, and architectural style.
2. In OSSHAD and on Secondary Streets in the CBD, a minimum 50 percent of
the ground floor perimeter of the garage or the garage portion of the building
adjacent to street rights-of-way shall be devoted to window displays or floor
area for active uses such as retail stores, personal and business service
establishments, entertainment, offices, etc. This number may be reduced by
the Site Plan Review and Appearance Board or the Historic Preservation
Boardreviewing body. On Primary Streets in the CBD, the perimeter of the
garage or the garage portion of the building adjacent to the street rights-of-
way shall be lined by active uses (see outlined in Section 4.4.13(C).
3. Architectural features shall be incorporated into the facade to mitigate the
building's mass and bulk and along portions of the building adjacent to street
rights-of-way.
4. In the South Pairs Neighborhood Sub-district, waivers to the setback
requirements of Section 4.4.13(D) for parking garages may only be requested
th th
for property located between SE 5Avenue and SE 6Avenue.
39 Ord. No. 32-23
(9) (This subsection shall remain in full force and effect as adopted.)
(G) (This subsection shall remain in full force and effect as adopted.)
(H) Incentive program. Certain incentives may be offered from time to time to encourage
development that advances City strategic, policy-driven goals, such as diverse residential
housing opportunities, sustainable building practices, historic preservation, public parking,
civic open space, or office uses within the CBD. The specific incentives and required
performance criteria are set forth in this Section and may be revised or amended after
seeking community input and in response to factors such as update to the Downtown Master
Plan, changing conditions within the CBD, transportation impacts, or market and/or
demographic shifts. Any incentives shall be broad based and applicable within the entire
CBD or CBD sub-district, no incentives programs shall be considered on a case-by-case
basis or project-by-project basis.
(1) - (2) (These subsections shall remain in full force and effect as adopted.)
(3) Approval process for incentives.
(a) Applications to utilize the Incentive Program will be reviewed as part of a site
plan by the SPRAB or HPB, as applicable, for compliance with the regulations in
this code that direct building configuration, uses, open space, streetscape design,
parking location and quantity, and the performance standards in Chapter 3 and
Section 4.4.13(H)(2). The SPRAB or HPB board reviewing the site plan will
make a recommendation to the City Commission on the entire site plan
application before the City Commission takes final action to approve or deny the
site plan and the increased density.
(b) Applications must include, in addition to the standard application items of
2.4.3(A), a site and development plan (including landscaping, elevations, and
floor plans) of sufficient detail to determine that the applicable development and
all performance standards are being met.
(I) – (J) (These subsections shall remain in full force and effect as adopted.)
(K)CBD review and approval process.
(1)Visual impact analysis: A 3-D visual impact analysis will be required which includes a
model of the proposed development in a format compatible with GIS, such as
SketchUp, Communityviz, City Engine, etc. Models shall depict building height,
massing, and other details such as rooftop equipment which may visually impact
adjacent properties. The model analysis shall be in accordance with the following:
(a) New construction of 10,000 gross square feet or less: Model of the development
site.
40 Ord. No. 32-23
(b) New construction of 10,001 gross square feet to 100,000 gross square feet: Model
of the development site and all properties and structures within a 100-foot radius
of the development site, as measured from the property lines of the development
site.
(c) New construction of 100,001 gross square feet or more: Model of the
development site and all properties within a 500-foot radius of the development
site, as measured from the property lines of the development site.
(d) Additional analysis and/or an expanded analysis area may be required based upon
project location or potential development impacts. This may be required by the
Planning and Zoning Director at any point in the process.
(e) A Sight Line Study of all development consisting of two or more stories shall be
submitted for review by the approving body. The study shall include a one or
more two-dimensional cross section, at a minimum scale of 1:100, of the site
showing the building with the equipment screening in relation to the adjacent
properties (including views from upper stories) and/or the public street.
(f) Graphic illustration showing that the equipment is not visible within a 200-foot
radius. The radius shall be measured from the exterior side of the screen to a point
ten feet above finished grade.
(2) Site Plan Review and Appearance Board (SPRAB)Approving body. For any new
development requiring Board approval under Sections 2.4.5(F), 2.45(H), or 2.4.5(I),
approval must be granted by the SPRAB, unless the property is located within a
designated historic district or is individually designated (see subsection (3) below). In
addition, the SPRAB, the reviewing Boards has have the following authority within the
CBD:
(a) Modification of building frontage and setback requirements by waiver to
accommodate civic buildings such as libraries, cultural facilities, municipal
buildings, etc. along with parking garages associated with any development on
properties that are not located within a Historic District or Individually
Designated Sites as listed on the Local Register of historic Places in Section
4.5.1(I).
(b) SPRAB may provide rRelief from the additional setback required above the third
story for building entries, lobbies, and vertical circulation areas configured as
tower elements consistent with the architectural character of the building; and
setback relief for parking garage floors above the third story subject to Sec.
4.4.13(F)(8)(d).
(c) Determination of compliance with the Performance Standards of the Incentive
Program and provide recommendations of approval or denial to City Commission
of requested increases in density under the program.
41 Ord. No. 32-23
(d) Determination that a site plan design for a full service grocery store in the West
Atlantic Neighborhood Sub-district has compatible transitions between adjacent
commercial and residential areas.
(e) Determination that desirable connectivity between properties and/or links
identified on any adopted bicycle and pedestrian master plan are achieved on the
site plan.
(f) Approval of alternative surface parking configurations for sites located on
Primary Streets where parking in the rear is inappropriate or unfeasible
impossible. The SPRABmay requiresSpecialperimeter treatments to protect and
improve the pedestrian experience along the street may be required.
(g) Recommend approval or denial to the City Commission of proposed architectural
styles and/or any addition of architectural styles for use in the CBD or
modifications to the Delray Beach Central Business District Architectural Design
Guidelines. Recommendations must include an explanation of support or denial
by the SPRAB reviewing board as part of the motion to be transmitted to the City
Commission.
(3) Historic Preservation Board. Any development of properties located within a Historic
District or Individually Designated Sites as listed on the Local Register of Historic
Places in Section 4.5.1(I) is subject to review by the Historic Preservation Board
(HPB), pursuant to Section 2.2.6(D) Article 2.1. For these properties, the Historic
Preservation Board has the approval authority pursuant to Sections 2.4.5(F), 2.4.5(H),
and 2.4.5(I), plus the additional authority described in subsections (2)(a)— (f) above.
Architectural styles are determined by those which are both permitted in the CBD and
identified as appropriate for the historic district based on the Period(s) of Significance
per the adopted Ordinance.
(4) Conditional uses. Conditional uses listed on Table 4.4.13(A) may be considered
pursuant to the provisions of Section 2.4.5(E)Chapter 2. In addition, the following
regulations apply:
(a) Drive-through facilities.
1. Drive-in or drive-through restaurants are not permitted the CBD zoning
district boundaries.
2. On Primary Streets, drive through facilities serving banks and other
commercial uses shall have the drive through window(s) and stacking area
located behind buildings. On Secondary Streets, drive through facilities may
be located to the rear or side of buildings.
42 Ord. No. 32-23
(b)Gasoline stations. Gasoline Stations are not permitted on Primary Streets. In
addition to the standards in 4.3.3(J), the following configuration is required.
1. A ground-story shop must be located along a street, with the gas pumps
located to the rear of the lot as illustrated in Figure 4.4.13-K-1. No more than
eight dispensing locations are permitted.
2. The shop shall have the primary entrance facing and directly accessible from
the street; an additional entrance facing the parking lot is permitted.
3. Gasoline Stations may be one story in height.
Figure 4.4.13-K-1
(c)Car Wash establishments. Car wash establishments, with automatic/mechanical
systems shall not be located east of the Intracoastal Waterway or on lots which
front along Primary Streets. Further, this use must be established on property with
a minimum lot area of 20,000 square feet.
(d)Automotive repair and detailing. Automobile repair and automobile detailing
st th
may not be located north of S.E. 1Street or south of SE 6Street, extended.
Conditional use approval may not be granted for a new automobile repair facility,
or for the expansion of an existing facility, unless it is specifically demonstrated
that off-street parking is available in accordance with the requirements of Section
4.6.9.
(e)Additional Application Requirements. Applications for conditional use approval
pursuant to Section 4.4.13(I) must include, in addition to the standard application
items of 2.4.3(A), a site and development plan (including landscaping, elevations,
and floor plans) of sufficient detail to determine that the applicable performance
standards are being met. Final approval of the detailed site plan is by the SPRAB
or HPB.
43 Ord. No. 32-23
(f)Modifications. The process for modification of a conditional use and site plan
approved pursuant to Section 4.4.13 (I) is as follows:
1. Modifications to any aspect of the plan that was a basis for determining
compliance with the applicable performance standards shall be processed as
a modification to the conditional use approval.
2. Modifications to the plan that do not affect the application of the
performance standards may be processed as a site plan modification.
(5) Waivers. This section allows consideration of two types of waivers:
(a) Section 2.4.7(B)(1)(a) authorizes the waiver of certain regulations irrespective of
a property's zoning district. Those waivers may be considered within the CBD in
accordance with those specific provisions. When reviewing applications that
include waivers that can only be granted by the City Commission, the SPRAB and
the HPB shall make formal recommendations to the City Commission regarding
those waivers prior to site plan consideration.
(b) Section 2.4.7(B)(1)(b) authorizes the City Commission to waive certain other
regulations that no other official or board have the authority to waive.
1. Within the CBD, that authority of the City Commission is limited by the
following restrictions:
a. Building Height Waivers. Building Height Waivers. Waivers to
increase the number of stories or maximum height of a building are
not permitted.
b. Front Setback Waivers. Waivers to decrease the minimum front
setback depth are permitted if the reduction would not result in a
streetscape that does not meet the minimum requirements of
Section 4.4.13(E)(2).
c. Sidewalk Width Waivers. Waivers to decrease the minimum
sidewalk width are not permitted in the CBD.
2. Within the CBD, the following standards shall be used by the City
Commission, SPRAB or HPB when considering waiver requests, in addition
to the findings in Section 2.4.7(B)(5):
44 Ord. No. 32-23
a. The waiver shall not result in an inferior pedestrian experience
along a Primary Street, such as exposing parking garages or large
expanses of blank walls.
b. The waiver shall not allow the creation of significant
incompatibilities with nearby buildings or uses of land.
c. The waiver shall not erode the connectivity of the street and
sidewalk network or negatively impact any adopted bicycle/
pedestrian master plan.
d. The waiver shall not reduce the quality of civic open spaces
provided under this code.
Section 19. Chapter 4, “Zoning Regulations,” Article 4.4, “Base Zoning District,”
Section 4.4.14 “Resort/Tourism (RT) District,” of the Land Development Regulations of the City
of Delray Beach, Florida is amended as follows:
Sec. 4.4.14. Resort/Tourism (RT) District.
(A) - (D) (These subsections shall be in full force and effect as adopted.)
(E)Review and approval process. Reserved.
(1) In established structures, uses shall be allowed therein upon application to, and approval
by, the Chief Building Official for a certificate of occupancy.
(2) For any new development approval must be gained from the Site Plan Review and
Approval Board with respect to Sections 2.4.5(F), (H), and (I).
(3) Conditional Uses must be approved pursuant to 2.4.5(E).
(F) Development standards. In addition to the development standards as set forth in Section
4.3.4, the following shall apply:
(1) A minimum of ten percent of the lot area must be provided in open space. This area shall
be exclusive of open space provided for perimeter landscaping, parking lot landscaping,
pools and pool decks, and area which is paved for parking and pedestrian way purposes.
(2)A landscape area of not less than ten feet in width must be provided around the interior
perimeter of the lot or parcel upon which the use is located. Within this landscape area,
paving is not permitted except for bicycle paths, sidewalks, jogging trails,and driveways
or access streets which provide ingress and egress for traffic and which are generally
perpendicular to the greenbelt. This requirement does not supersede other requirements
for greater landscape areas.
45 Ord. No. 32-23
(G) Special regulations.
(1) Twenty-four-hour or late night businesses as defined herein must be processed as a
conditional use and are subject to the provisions of Section 4.3.3(VV).
Section 20. Chapter 4, “Zoning Regulations,” Article 4.4, “Base Zoning District,”
Section 4.4.15 “Planned Office Center (POC) District,” of the Land Development Regulations of
the City of Delray Beach, Florida is amended as follows:
Sec. 4.4.15. Planned Office Center (POC) District.
(A) - (D) (These subsections shall remain in full force and effect as adopted.)
(E)Review and approval process. Reserved.
(1) In established structures, shall be allowed therein upon application to, and approval by,
the Chief Building Official for a certificate of occupancy.
(2) For any new development, approval must be granted by the Site Plan Review and
Appearance Board with respect to Sections 2.4.5(F), (H), and (I).
(3) Conditional uses must be approved pursuant to the provisions of Section 2.4.5(E).
(F) Development standards. In addition to the development standards set forth in Section 4.3.4,
the following shall apply:
(1) The mMinimum site area for the total POC is to be three acres with individual
development parcels allowed to be one acre in size. However, the approving body may
grant a waiver to the three acre requirement upon a determination that the development
is consistent with the purpose and intent of the POC District and there exists good cause
for not combining properties or aggregating additional property.
(2) When abutting residentially zoned property, a 25-foot setback must be provided.
(3) Any free-standing structure shall have a minimum floor area of 4,000 square feet; shall
be architecturally integrated with other structures; and shall have direct access to and
from other portions of the POC.
(G) (This subsection shall remain in full force and effect as adopted.)
(H) Special regulations.
(1) Documentation which constitutes evidence of unified control of the entire area within a
POC must be provided at the time of submission of the site and development plan.
46 Ord. No. 32-23
(2) A program for full provision, maintenance, and operation of common areas,
improvements, facilities, and services for the common use of occupants of the POC and
which specifically provides that no such elements or features shall be provided or
maintained at the public's expense must be provided at the time of submission of the site
and development plan.
(3) Executed agreements, contracts, covenants, deed restrictions, sureties, or other legal
arrangements for the maintenance, repair, and operation of matters under Subsection
(H)(2) and which bind successors in title to any such commitments shall be provided
prior to certification of a POC site and development plan.
(4)Twenty-four-hour or late night businesses as defined herein must be processed as a
conditional use and are subject to the provisions of Section 4.3.3(VV).
Section 21. Chapter 4, “Zoning Regulations,” Article 4.4, “Base Zoning District,”
Section 4.4.16 “Professional and Office (POD) District,” of the Land Development Regulations of
the City of Delray Beach, Florida is amended as follows:
Sec. 4.4.16. Professional and Office (POD) District.
(A) - (D) (These subsections shall remain in full force and effect as adopted.)
(E)Review and approval process. Reserved.
(1) In established structures, uses shall be allowed therein upon application to, and approval
by, the Chief Building Official for a certificate of occupancy.
(2) For a new development, approval must be granted by the Site Plan Review and
Appearance Board pursuant to Sections 2.4.5(F), (H) and (I).
(3) Conditional uses must be approved pursuant to the provisions of Section 2.4.5(E).
(F) Development standards. The development standards set forth in Section 4.3.4 shall apply.
(G) Supplemental district regulations.The supplemental district regulations as set forth in
Article 4.6 shall apply.
Section 22. Chapter 4, “Zoning Regulations,” Article 4.4, “Base Zoning District,”
Section 4.4.17 “Residential Office (RO) District,” of the Land Development Regulations of the
City of Delray Beach, Florida is amended as follows:
Sec. 4.4.17. Residential Office (RO) District.
(A) - (D) (These subsections shall remain in full force and effect as adopted.)
(E)Review and approval process. Reserved.
47 Ord. No. 32-23
(1)All residential uses allowed as a principal use or accessory uses thereto shall be allowed
upon application to and approval by the Chief Building Official for structures which
require a building permit and which otherwise comply with applicable use restrictions.
(2) New development, or modifications of existing development, with the exception of
single-family residential, must be approved by the Site Plan Review and Appearance
Board pursuant to Section 2.4.5, unless it is a property located within a Historic District
or Individually Designated Sites, as listed on the Local Register of Historic Places in
Section 4.5.1(I).
(3) Conditional uses must be approved pursuant to the provisions of Section 2.4.5(E).
(4) The creation of a new lot for the purpose of building a single family residence or
establishing a principaluse on its own parcel required platting pursuant to Section
2.4.5(J) or (K), as applicable.
(5) Any development of properties located within a Historic District or Individually
Designated Sites as listed on the Local Register of Historic Places in Section 4.5.1(I) is
subject to review by the Historic Preservation Board, pursuant to Section 2.2.6(D).
(F) Development standards.
(1) The development standards as set forth in Section 4.3.4 shall apply.
(2) Historic Districts, Sites, and Buildings: In addition to the provisions of requirements in
Section 4.3.4, properties located within a Historic District or Individually Designated
Sites, as listed on the Local Register of Historic Places in Section 4.5.1(I), are subject to
the provisions of Section 4.5.1.
(G) (This subsection shall remain in full force and effect as adopted.)
(H) Special regulations.
(1) All buildings and structures shall appear to be residential in character regardless of the
actual use therein, shall be kept in a sound and attractive condition, and in established
neighborhoods shall be generally compatible in architectural style and scale with the
surrounding area.
(2) A building or structure in the RO District may contain either a residential use, an office
use, or a mix of uses.
(3) All parking for nonresidential principal uses and conditional uses shall be located in the
side or rear yard or adjacent to a rear alley. No parking shall be located in the area
between any street and the structure (building). Where there are existing buildings,
administrative relief \[Section 2.4.7(D)\] may be sought from this subsection (3) pursuant
48 Ord. No. 32-23
to Chapter 2, provided it is determined if the determination can be made that compliance
with these provisions requirements is not feasible, and that the residential character of
the area will be maintained, and that such parking area shall be substantially screened
from off-premises view by, at least, a four-foot high hedge.
Section 23. Chapter 4, “Zoning Regulations,” Article 4.4, “Base Zoning District,”
Section 4.4.18 “Planned Commerce Center (PCC)District,” of the Land Development Regulations
of the City of Delray Beach, Florida is amended as follows:
Sec. 4.4.18. Planned Commerce Center (PCC) District.
(A) - (B) (These subsections shall remain in full force and effect as adopted.)
(C) Review and approval process.
(1) General.The development of a PCC shall be governed by a Master Development Plan
(MDP). The MDP shall consist of a narrative; a land usemap; conceptual site,
landscaping, and utility plans; and conceptual elevations and architectural information.
(2) Process. A MDP shall be processed pursuant to Section 2.4.5(F) Chapter 2 with approval
granted by the Planning and Zoning Board. A MDP may be modified pursuant to Section
2.4.5(G) Chapter 2.
(3) Master development plan required. Certified by the Director.
For areas which are zoned as PCC at the time of approval of this section, an MDP is required
to be prepared by the property owner, or his agent, and submitted to the Planning and Zoning
Board for approval. The MDP may be processed as either a minor or major site plan modification,
and is subject to approval by the Planning and Zoning Boardas is appropriate for the case at hand.
The MDP shall be evaluated against the site plan for record for the existing PCC. The MDP
required under this subsection must be made of record prior to September 1, 1991. Failure to obtain
a MDP of record shall be cause for the Building Department to not issue building permits for
further development or modification to existing development within an existing PCC.
(D) - (F) (These subsections shall remain in full force and effect as adopted.)
Section 24. Chapter 4, “Zoning Regulations,” Article 4.4, “Base Zoning District,”
Section 4.4.19 “Mixed Industrial and Commercial (MIC) District,” of the Land Development
Regulations of the City of Delray Beach, Florida is amended as follows:
Sec. 4.4.19. Mixed Industrial and Commercial (MIC) District.
(A) Purpose and intent. The Mixed Industrial and Commercial (MIC) District is created to
provide for a mix of industrial, commercial, and office use in a single zonezoning district.
The uses allowed are intended to enhance employment opportunities in the industrial,
manufacturing and trade sectors, with supporting business and professional office functions.
49 Ord. No. 32-23
Retail uses are appropriate on a limited basis, and only as a secondary use within the district.
Residential uses may also be permitted as a conditional use are only allowed within the I-
95/CSX Railroad Corridor Overlay District, provided at least 25 percent of the units are
workforce housing units which comply with the provisions of Article 4.7, "Family/Workforce
Housing.", subject to Article 4.7. The MIC District is to be located in areas designated for the
primary use - industry and commerce - as shown applied to properties with a Commerce or
Industrial designation on the Land Use Map.
(B) Principal uses and structures permitted. The following types of uses are allowed within
the MIC District as a permitted use:
(1) Industrial uses.The manufacturing, fabrication and wholesale of items and other uses
as described in Section 4.4.20(B)(1), (2) and (3).
(2) Service industry.Uses which provide an off-site service but maintain inventory, storage
and an office at a central location, as described inSection 4.4.20(B)(5).
(3) Business and Professional Offices, including, but not limited to finance, insurance,
real estate, accounting and bookkeeping services, advertising services, photographic
studios, architectural and engineering services, computer and data processing services,
correspondence and vocational schools, credit reporting and collection, detective and
protective services, legal services, travel agencies, Neighborhood Electric Vehicle
(NEV) sales, lease or rental transactions only (no inventory on site for any purpose),
and general offices for an individual, partnership or corporation.
(4) Retail trade. Retail uses as a secondary use within any one a building that has as its
primary occupant an industrial or service industry use, but only to the extent that the
floor area for all retail use (either accessory to an industrial use or not) shall does not
exceed 25 percent of the floor area of the total building. Although an intent of this
Zoning District is to allow retailing of items manufactured, fabricated, or wholesaled
on-site, additional retail uses may be allowed. Such additional uses may include, but
are not limited to:
(a) Apparel and accessory stores;
(b) Bakeries;
(c) Building materials and garden supplies, except mobile home dealers;
(d) Camera and photographic equipment and supplies;
(e) Hobbies, games, and toys;
(f) Jewelry, gifts, novelties;
(g) Luggage and leather goods;
50 Ord. No. 32-23
(h) Mail order houses;
(i) Radio and television sets;
(j) Seasonal holiday items (Christmas trees, fruit baskets, other seasonal items);
(k) Sporting goods, including bicycles.
(5) Interior design and furnishings. The wholesale, retail, storage and distribution of home
furnishings, floor coverings, wall coverings, lighting, and other items related to the
finishing and furnishing of interior space.
(6) Other processes and activities. The following activities may also be conducted:
(a) Dry cleaning and laundering.
(b) Emissions testing.
(7) Adult Entertainment Establishments, (subject toSection 4.3.3(AA)).
(8) Urban Agriculture, subject to pursuant to regulations set forth in Section 4.3.3(D).
(9) CBD oil establishments, subject to the regulations of Section 4.3.3(CC).
(10) Multiple family residential development up to 24 units per acre within the I-95/CSX
Railroad Corridor Overlay District, as defined in Section 4.5.15, subject to Article 4.7.
(C) (This subsection shall remain in full force and effect as adopted.)
(D) Conditional uses and structures allowed.
(1) The following uses are allowed as conditional uses within the MIC Zone District:
(a) Pet services with outside use areas, pet hotels, and animal shelters, subject to
Section 4.3.3(W);
(b) Material and component recovery for reuse, such as the disassembly and resale of
computer components, appliances, and electrical components. This does not include
resource recovery facilities as described and regulated by Section 4.3.3(Z);
(c) Automobile paint, body, and repair shops;
(d) Boat repair and service;
51 Ord. No. 32-23
(e) Self-Service Storage Facilities (SSSF), pursuant to the provisions set forth in
Section 4.3.3(A).
(f) Multiple family residential development up to a maximum of 24 units per acre
within the I-95/CSX Railroad Corridor Overlay District, as defined in Section
4.5.15, subject to the provisions of Article 4.7.
(2)The following additional conditional uses are also allowed as conditional uses in the
MIC zoning district. However, any outside storage associated with such uses may not be
located within 150 feet of any property line adjacent to an arterial roadway (excluding
Interstate 95);
(a) Lumberyards;
(b) Garages and lots for the parking and storage of vehicles, including the storage of
light trucks, up to and including two-ton trucks;
(c) Storage and rental of light construction equipment not over 24 feet long, eight feet
wide, and ten feet high;
(d) Monument and ornamental stone cutting;
(e) Rental and sales of modular buildings;
(f) Towing services, with outside storage;
(g) Storage and rental of construction equipment not over 100 feet long, 14 feet wide,
and 15 feet high provided that each of the following requirements are met:
i. Any outside storage associated with such use may not be located within 250
feet of any property line adjacent to an arterial roadway (excluding Interstate
95) and;
ii. The property is buffered by a minimum six-foot wall or minimum six-foot
hedge. However, if the property is adjacent to a public building, school, park,
library, or residential area at the time of conditional use approval, a minimum
six-foot high berm and either a six-foot wall or six-foot hedge on top of the
berm shall be required.
iii. Provision of a ten-foot minimum landscape buffer with trees planted 25 feet
on center around the perimeter of the storage area.
(E)Review and approval process. Reserved.
(1) In established structures, uses shall be allowed therein upon application to, and approval
by, the Chief Building Official for a certificate of occupancy.
52 Ord. No. 32-23
(2)For any new development approval must be granted by the Site Plan Review and
Appearance Board pursuant to Sections 2.4.5 (F), 2.4.5(H), and (I).
(F) Development standards. The development standards as set forth in Section 4.3.4 shall apply,
except as modified below:
(1) I-95/CSX Railroad Corridor Overlay District: The following development standards
shall apply to parcels within the Overlay district as defined by Section 4.5.15, "I-95/CSX
Railroad Corridor Overlay District."
(a)Nonresidential development within the area shall comply with the development
standards as set forth in Section 4.3.4.
(ba) Residential development, which is being uses, which may only be developed
pursuant to regulations set forth in Article 4.7, "Family/Workforce Housing," shall
comply with the development standards of in Section 4.4.6(F)(3) and the
performance standards in Section 4.3.3(BB).
(G) Supplemental district regulations.The supplemental district regulations as set forth in
Article 4.6 shall apply, except as modified below: unless otherwise modified.
(1) I-95/CSX Railroad Corridor Overlay District: In addition to the supplemental district
regulations set forth in Article 4.6, the supplemental district regulations in of Section
4.4.6(G)(1) shall apply to parcels within the overlay district as defined by Section 4.5.15,
"I-95/CSX Railroad Corridor Overlay District."
(H) Special regulations.
(1) Loading and unloading shall beis restricted to side and rear yards and shall be is
prohibited within the front yard setback.
(2) Within the front yard setback, the first ten feet abutting the right-of-way shall be a
landscaped area within which no paving shall be allowedwith no paving, except for
driveways and walkways leading to structures on the premises. Such driveways and
walkways shall be generally perpendicular to the property line.
(3) Overhead doors shall be prohibited from facing may not face a public right-of-way.
(4) Except for outside storage approved pursuant to Section 4.6.6(C)(2), all principal and
conditional uses shall be conducted within an enclosed building.
(5) I-95/CSX Railroad Corridor Overlay District: Within the Overlay District, as defined in
Section 4.5.15, residential development is allowed at a density up to 24 dwelling units
per acre, subject to the requirements in Article 4.7. in addition to compliance with the
regulations set forth in Article 4.7, "Family/Workforce Housing," the performance
53 Ord. No. 32-23
standards of Section 4.4.6(I) shall also be substantially met to obtain a density greater
than 6 units per acre.
Section 25. Chapter 4, “Zoning Regulations,” Article 4.4, “Base Zoning District,”
Section 4.4.20 “Industrial (I) District,” of the Land Development Regulations of the City of Delray
Beach, Florida is amended as follows:
Sec. 4.4.20. Industrial (I) District.
(A) - (D) (These subsections shall remain in full force and effect as adopted.)
(E)Review and approval process. Reserved.
(1) In established structures, uses shall be allowed therein upon application to, and approval
by, the Chief Building Official for a certificate of occupancy.
(2) For any new development, approval must be granted by the Site Plan Review and
Appearance Board pursuant to Sections 2.4.5(F), (H) and (I).
(3) Conditional uses must be approved pursuant to Section 2.4.5(E).
(F) Development standards. The development standards as set forth in Section 4.3.4 shall apply,
except thatfor minimum lot area dimensions shall that do not apply to lots of record created
as of September 1, 1990.
(G) Supplemental district regulations.The supplemental district regulations as set forth in
Article 4.6 shall apply.
(H) (This subsection shall remain in full force and effect as adopted.)
Section 26. Chapter 4, “Zoning Regulations,” Article 4.4, “Base Zoning District,”
Section 4.4.21 “Community Facilities (CF)District,” of the Land Development Regulations of the
City of Delray Beach, Florida is amended as follows:
Sec. 4.4.21. Community Facilities (CF) District.
(A) - (D) (These subsections shall remain in full force and effect as adopted.)
(E)Review and approval process. Reserved.
(1) In established structures, principal and accessory uses shall be allowed therein upon
application to, and approval by, the Chief Building Official for a certificate of
occupancy.
54 Ord. No. 32-23
(2) For any new development, approval must be granted by the Historic Preservation Board
or the Site Plan Review and Appearance Board pursuant to Sections 2.4.5(F), 2.4.5(H),
and (I).
(3) Conditional uses must be approved pursuant to Section 2.4.5(E).
(4) Any development of properties located within a Historic District or Individually
Designated Sites as listed on the Local Register of Historic Places in Section 4.5.1(I) is
subject to review by the Historic Preservation Board, pursuant to Section 2.2.6(D).
(F) Development standards.
(1) The development standards as set forth in Section 4.3.4 shall apply.
(2) Historic Districts, Sites, and Buildings: In addition to the provisions requirements of
Section 4.3.4, properties located within a Historic District or Individually Designated
Sites, as listed on the Local Register of Historic Places in Section 4.5.1(I), are subject to
the provisions of Section 4.5.1.
(G) Supplemental district regulations. In addition to the supplemental district regulations as set
forth in Article 4.6, the following supplemental district regulations shall apply in the CF
District.
(1) Medical Arts Overlay District. The following supplemental district regulations apply to
the Medical Arts Overlay District, as defined in Section 4.5.18.
(a) In addition to the uses listed in Section 4.4.21(B), the following uses are allowed as
permitted uses:
1. Institutional uses, such as: Non-residential Licensed Service Provider
Facilities; Hospitals, with or without helipads and associated laboratories;
Treatment Centers; Rehabilitation Centers; Testing Facilities; and Mental
Health Treatment Facilities, including residential care.
(2) Historic districts, sites, and buildings. Properties located within a Historic District or
Individually Designated Sites, as listed on the Local Register of Historic Places in
Section 4.5.1(I), shall comply with the Visual Compatibility Standards of Section
4.5.1(E)(7).
(H) (This subsection shall remain in full force and effect as adopted.)
Section 27. Chapter 4, “Zoning Regulations,” Article 4.4, “Base Zoning District,”
Section 4.4.22 “Open Space (OS) District,” of the Land Development Regulations of the City of
Delray Beach, Florida is amended as follows:
55 Ord. No. 32-23
Sec. 4.4.22. Open Space (OS) District.
(A) Purpose and intent. The Open Space (OS) District is established to most appropriately
identify parcels of land which are used primarily in an open space manner. Created to reflect
some of the open space areas as shown on the Land Use Map, the OS District is applied to
portions of land development projects which are primarily open space in nature (e.g., water
bodies) and to other open space areas, including the municipal beach, which normally do not
have intense use or commercialization. The OS District is deemed compatible with all land
use designations shown on the Future Land Use Map.
(B) - (D) (These subsections shall remain in full force and effect as adopted.)
(E)Review and approval process. The use of any land within the OS District must be pursuant
to a site and development plan which has been approved pursuant to Chapter 2. by the Site
Plan Review and Appearance Board pursuant to Sections 2.4.5 (F), (H), and (I), as
appropriate.
(F) (This subsection shall remain in full force and effect as adopted.)
Section 28. Chapter 4, “Zoning Regulations,” Article 4.4, “Base Zoning District,”
Section 4.4.23 “Conservation (CD) District,” of the Land Development Regulations of the City of
Delray Beach, Florida is amended as follows:
Sec. 4.4.23. Conservation (CD) District.
(A) - (D) (This subsection shall remain in full force and effect as adopted.)
(E)Review and approval process. Any and all activity on CD zoned property shall be approved
by the Director of Development Services. The Director shall determine what material must
be submitted in order to determine whether or not an activity may be conducted on such
property.
(F) (This subsection shall remain in full force and effect as adopted.)
Section 29. Chapter 4, “Zoning Regulations,” Article 4.4, “Base Zoning District,”
Section 4.4.24 “Old School Square Historic Arts District (OSSHAD) District,” of the Land
Development Regulations of the City of Delray Beach, Florida is amended as follows:
Sec. 4.4.24. Old School Square Historic Arts District (OSSHAD).
(A) - (D) (These sections shall remain in full force and effect as adopted.)
(E)Review and approval process.
(1) All principal uses and accessory uses thereto, which do not require a permit shall be
allowed upon application to, and approval by, the Chief Building Official.
56 Ord. No. 32-23
(21) Structures which require a building permit for external work must receive approval from
the Historic Preservation Board, or the Director of Planning and Zoning Development
Services or designee, as applicable, through the issuance of a Certificate of
Appropriateness.
(32) For new development, or a change in use which results in the requirement to provide
additional parking, approval must be granted from the Historic Preservation Board
pursuant to Sections 2.4.5 (F), (H), and (I) Chapter 2.
(43) Conditional uses must be approved pursuant to Chapter 2 Section 2.4.5(E). Prior to
action by the Planning and Zoning Board, the conditional use request must be reviewed
by the Historic Preservation Board with a recommendation forwarded to the Planning
and Zoning Board.
(F) - (H) (These sections shall remain in full force and effect as adopted.)
Section 30. Chapter 4, “Zoning Regulations,” Article 4.4, “Base Zoning District,”
Section 4.4.25 “Special Activities District (SAD)District,” of the Land Development Regulations
of the City of Delray Beach, Florida is amended as follows:
Sec. 4.4.25. Special Activities District (SAD).
(A) - (C) (These subsections shall remain in full force and effect as adopted.)
(D) Review and approval process.
(1) General.All SAD's are established by an ordinance which is processed as is a rezoning.
Concurrent with processing of the rezoning application, a complete site and development
plan with, at least, preliminary engineering plans shall be processed.
(2) Alternative processing. A proposed SAD may proceed to first reading based upon a
lesser submission provided that, if approved on first reading, prior to second reading a
complete site and development plan including landscaping plans and architectural
elevations must be processed through, and approved by the Site Plan Review and
Appearance Board. However, in no event shall the time between first and second
readings of the enacting ordinance exceed a period of 180 calendar days. In such an
event, the rezoning process shall cease and the application considered denied without
prejudice. A subsequent application may be processed thereafter anew.
(3) Establishment. Vesting of a SAD project shall occur in the same manner as set
established for the establishment of a site plan approval \[reference Sections 2.4.4(D) and
(E)\] in Chapter 2, except that when the SAD is for a large Scale Mixed Use
Development, the initial approval (validity) period shall be specifically stated in the
enacting ordinance, but shall, in no event, be less than six years. In the event that a SAD
project does not become established, all uses, waivers, adjustments, and other actions
57 Ord. No. 32-23
taken pursuant to the SAD shall be void. In order to proceed to establish the same, or
another, use it shall be necessary to process a rezoning request.
(E) - (H) (These subsections shall remain in full force and effect as adopted.)
Section 31. Chapter 4, “Zoning Regulations,” Article 4.4, “Base Zoning District,”
Section 4.4.26 “Light Industrial (LI) District,” of the Land Development Regulations of the City
of Delray Beach, Florida is amended as follows:
Sec. 4.4.26. Light Industrial (LI) District.
(A) - (D) (These subsections shall remain in full force and effect as adopted.)
(E)Review and approval process.
(1) In established structures, uses shall be allowed therein upon application to, and approval
by, the Chief Building Official for a certificate of occupancy.
(2) For any new development, approval must be granted by the SitePlan Review and
Appearance Board pursuant to Sections 2.4.5(F), (H) and (I).
(3) Conditional uses must be reviewed and approved pursuant to Section 2.4.5(E).
(F) – (H) (These subsections shall remain in full force and effect as adopted.)
Section 32. Chapter 4, “Zoning Regulations,” Article 4.4, “Base Zoning District,”
Section 4.4.27 “Open Space and Recreation (OSR) District,” of the Land Development
Regulations of the City of Delray Beach, Florida is amended as follows:
Sec. 4.4.27. Open Space and Recreation (OSR) District.
(A) - (C) (These subsections shall remain in full force and effect as adopted.)
(D) Review and approval process. The use of any land within the OSR District must be pursuant
to a site and development plan which has been approved by the Site Plan Review and
Appearance Board pursuant to Sections 2.4.5(F), (H), and (I), as appropriate Chapter 2.
(E) (This subsection shall remain in full force and effect as adopted.)
Section 33. Chapter 4, “Zoning Regulations,” Article 4.4, “Base Zoning District,”
Section 4.4.29 “Mixed Residential, Office And Commercial (MROC)District,” of the Land
Development Regulations of the City of Delray Beach, Florida is amended as follows:
Sec. 4.4.29. Mixed Residential, Office And Commercial (MROC) District.
(A) - (E) (These subsections shall remain in full force and effect as adopted.)
58 Ord. No. 32-23
(F) Review and approval process.
(1) All Development of parcels greater than three acres with development planned to be
completed in a phased manner and/or which require waivers within the MROC District
shall be governed by a Master Development Plan (MDP). The MDP shall consist of a
narrative; a land use map; conceptual site, landscaping, and utility plans; and conceptual
elevations and architectural renderings. An MDP shall be processed pursuant to Section
2.4.5(F) Chapter 2 with approval granted by the Planning and Zoning Board. An MDP
may be modified pursuant to Section 2.4.5(G) Chapter 2.
(2)All site plan applications for new development must receive approval by the Site Plan
Review and Appearance Board (SPRAB) with respect to Sections 2.4.5(F), (G), (H), and
(I) consistent with the procedures and findings in Chapter 2, and be consistent with the
approved MDP, as applicable.
(G) - (H) (These subsections shall remain in full force and effect as adopted.)
(I)Special regulations.
(1) Development Plans.Development proposals subject to the requirements of a Master
Development Plan must comply with the following:
a. Documentation of unified control must be provided at the time of submission of the
Master Development Plan.
b. A program for full provision, maintenance, and operation of common areas,
improvements, facilities, and services for the common use of occupants of the
MROC development, which specifies that no such elements or features shall be
provided or maintained at the public's expense, must be provided at the time of
approval.
c. Executed agreements, contracts, covenants, deed restrictions, sureties, or other legal
arrangements for the maintenance, repair, and operation of facilities, services, and
common areas that bind successors in title to any such commitments shall be
provided prior to plan certification.
(2) Multi-family Development. Developments with multi-family dwelling units are subject
to the provisions of Table 4.4.29-A and the following:
a. Residential density is regulated by the distance of the property to the Tri-Rail
Transit Station as measured in linear feet from the nearest point of the property to
the Station.
b. The Workforce Housing Incentive allows an increase from the standard density up
to the maximum incentive density, provided at least 20 percent of the total number
59 Ord. No. 32-23
of residential units in the development are Workforce Housing units, as defined in
Article 4.7.
c. Development must have ground floor, non-residential uses facing South Congress
Avenue, except for property within 1,000 feet of the Tri-Rail Transit Station, which
may be 100 percent residential in use.
d. Reserved.
e. The maximum Residential Floor Area is calculated across the entire development
and may be provided in one or more structures.
f. Multi-family development is subject to the Performance Standards for multi-family
residential uses in LDR Section 4.4.6(I) 4.3.3(BB).
Table 4.4.29-A Multi-family Development Regulations
Distance from Max. Standard Workforce Housing Incentive
1
Tri-Rail Transit StationResidential Density
Density WFH Units Maximum
2
Floor AreaMax
Max. Required Income
(du/acre)
(du/acre) (Min.) Level
Within 1,000 feet Up to 40 50 20% of Moderate
100% Total
Number of
Between 1,001 Up to 80% 40 50
Units
and 2,500 feet
Greater than Up to 75% 32 40
2,500 feet
1
If portions of the parcel are located within different distance ranges, the regulations applicable
to the closest distance to the Tri-Rail Station shall apply to the entire parcel.
Section 34. Chapter 4, “Zoning Regulations,” Article 4.7, “Family/Workforce
Housing” of the Land Development Regulations of the City of Delray Beach, Florida is amended
as follows:
ARTICLE 4.7. - FAMILY/WORKFORCE HOUSING
Sec. 4.7.1 - Findings. Purpose and intent.
(A) The City Commission has determined that there is a severe housing shortage of housing in
the City of Delray Beach that is affordable to the everyday asset-limited, income-constrained,
working individuals and families and citizens of the City; and
(B) Florida Statutes § 166.04151 provides that a municipality may adopt and maintain any
ordinance that is adopted for the purpose of increasing the supply of affordable housing using
land use mechanisms such as inclusionary housing ordinances not withstanding any other
provision of law; and
60 Ord. No. 32-23
(C) The City Commissionrecognizes that there is a growing gap between housing costs and
wages in the City; and
(D) The City of Delray Beach has a legitimate public interest in preserving the character and
quality of neighborhoods which requires assuring the availability of workforce housing for
very low, low, and moderate income households, and lower income persons in the City; and
(E) The City recognizes that the need to provide workforce affordable housing that allows people
to live and work in the same area is critical to maintaining a diversified and sustainable City
having the character andwith a sense of a communitywhere people can live and work in the
same area; and
(F) The City is encouraging the production and availability of workforce housing and at the
same time is cognizant that escalating land costs and rapidly diminishing amounts of land
hinder the provision of sufficient workforce dwelling units by the private sector; and
(G) The City Commission has adopted the Southwest Area Neighborhood Redevelopment Plan
and Comprehensive Plan changes recognizing the need to redevelop the Southwest
Neighborhood in a manner that preserves the neighborhood and provides workforce housing.
(H) The City Commission desires to establish an additional workforce housing overlay district
known as the Infill Workforce Housing Area for certain properties located west of the
Intracoastal and east of I-95, outside of the coastal high hazard area and as depicted on the
map attached and made a part of Article 4.7.
(FI) The City Commission also desires to establish additional incentives to encourage additional
Family/Workforce Housing, including but not limited to requirements to provide additional
workforce housing for developments that request increases in height and/or density pursuant
to Section 4.3.4(J)(4)(b) and 4.4.13(I). Revitalization incentives in the form of density or
height incentives encourage private affordable housing development in the context of high
land costs and rapidly diminishing vacant land.
(J) The City Commission desires to establish an additional workforce housing overlay district
known as the I-95/CSX Railroad Corridor Overlay District for certain properties located east
of the CSX Railroad, west of I-95, south of the E-4 Canal, and north of the Historic Depot
property as depicted on the map attached and made a part of Article 4.7.
Sec. 4.7.12. – Definitions Applicability.
(A) Definitions. The following words, terms and phrases apply to this Article.
(1)a. Adjusted median income (A.M.I.). The Palm Beach County median income, based on
a family of four, as published by Florida Housing Finance AgencyCorporation.
61 Ord. No. 32-23
(2)b. Affordability controls. Restrictions placed on dwelling units by which the price of
such units and/or the income of the purchaser or lessee will be restricted in order to ensure
that the units remain affordable to very low, low, or moderate income households.
c. Carver Estates Overlay District. The area shown on the map below.
d. City. The City of Delray Beach, Florida.
(3) Community Land Trust. A nonprofit, community-based organization whose mission is
to provide affordable housing in perpetuity by owning land and leasing it to those who
live in houses built on that land.
(4)e. CRA. The Delray Beach Community Redevelopment Agency.
(5)f. Density bonus program. The Density Bonus program A density bonus, or
revitalization incentive, is an incentive program intended to encourage developers to
build affordable owner-occupied and rental housing within the City of Delray Beach. The
concept is that fFor every workforce housing unit that a developer builds, a calculated
number of market rate units at a densitygreater than would be allowed otherwise may be
built.
62 Ord. No. 32-23
(6)g. Density bonus unit.An additional dwelling unit added above the base number of units
authorized once performance standards have been applied and the density has been
computed under existing codes.
h. Development. A housing development at one location including dwelling units for which
approvals have been granted.
(7)i. Eligible occupant. A person who income-qualifies for participation in the program.
Priority will be given to persons who have lived or worked within the City limits of Delray
Beach continually for one year immediately prior to the date of application for a
workforce housing unit related to the Density Bonus Program and who otherwise qualify
for participation in the program.
(8)j. First time home buyer. A person who has not held ownership in of a residence within
the past three years.
(9)k. Household. A single person living alone, or two or more persons sharing residency,
with a combined income available to cover household expenses.
(10) Household income. The cumulative income of all tenants or purchasers under one
roof.
(11) Housing Trust Fund. The Housing Trust Fund is comprised of the City's State
Housing Initiatives Partnership (SHIP) allocation and is administered by the City of
Delray Beach Neighborhood and Community Services Department. All monetary
contributions in lieu of workforce housing units shall be deposited into the trust for the
purpose of supplementing annual SHIP allocations. The interest received on any such
investment shall be credited to the fund. The City shall administer the fund exclusively
for the purpose of implementing programs described in the City's Local Housing
Assistance Plan.
l. Infill workforce housing area. The area located west of the Intracoastal Waterway and
East of I-95, outside of the coastal high hazard area, as depicted on the maps below:
63 Ord. No. 32-23
64 Ord. No. 32-23
65 Ord. No. 32-23
(12)m. Low income household. A household with a gross, combined income between 61
percent and 80 percent of the Palm Beach County Adjusted Median Income (as defined
by the Florida Housing Finance AuthorityCorporation).
66 Ord. No. 32-23
(13)n. Moderate income household. A household with a gross, combined income between
81 percent and 120 percent of the Palm Beach County Adjusted Median Income (as
defined by the Florida Housing Finance AuthorityCorporation).
(14) Restrictive covenant. A deed restriction on the property shall prohibit any subletting or
assignment of the respective workforce housing unit to a tenant(s) or purchaser(s) whose
income exceeds the percent of the AMI under which the unit is originally approved.
o. Other workforce housing. Workforce Housing is required in areas covered by Land
Development Regulations Section 4.4.13(I), where the density is increased; and by
Section 4.3.4 (J)(4)(b), where a fifth floor is added to the building.
p. Southwest Neighborhood Overlay District. The area zoned RM between Interstate 95
and S.W. 1st Avenue, from Atlantic Avenue to S.W. 2nd Street, except along SW 12th
Avenue, where it extends south to SW 3rd Street, as shown in the map below.
th
q. Southwest 10 Street Overlay District. The area at the Southwest corner of Swinton
th
Avenue and 10 Street as shown in the map below.
67 Ord. No. 32-23
(15)r. Very low income household. A household with a gross, combined income not
exceeding 60 percent of the Palm Beach County Adjusted Median Income (as defined by
the Florida Housing Finance AuthorityCorporation).
(16)s. Workforce housing unit. A dwelling unit for which the rent or mortgage payment,
(including principal, interest, taxes and Iinsurance (P.I.T.I.), does not exceed 35 percent
of the gross income of households that classify as very low, low, or moderate income
households and meets the other requirements of the Family/Workforce Housing Program.
t. I-95/CSX Railroad Corridor Overlay District. The area located east of the CSX Railroad,
west of I-95, south of the E-4 Canal, and north of the Historic Depot property, as shown
in the map below.
68 Ord. No. 32-23
u. Housing trust fund. The Housing Trust Fund is comprised of the City's State Housing
Initiatives Partnership (SHIP) allocation and is administered by the City of Delray Beach
Community Improvement Department. All monetary contributions in lieu of workforce
housing units shall be deposited into the trust for the purpose of supplementing annual
SHIP allocations. The interest received on any such investment shall be credited to the
fund. The City shall administer the fund exclusively for the purpose of implementing
programs described in the City's Local Housing Assistance Plan.
v. Silver Terrace Courtyards Overlay District. The area located on the west side of South
Federal Highway, approximately 320 feet south of SE 10th Street and north of the Plaza
at Delray, as shown in the map below.
69 Ord. No. 32-23
w. Aura Delray Beach Overlay District. The area located between Congress Avenue and
the E-4 Canal, from West Atlantic Avenue to the Palm Beach County Palm Tran
property, as shown on the map below. (Ord. No. 31-20, § 4, 9-10-20)
70 Ord. No. 32-23
x. Linton Commons Overlay District.The area located at the southwest corner of Linton
Boulevard and SW 4th Avenue and made up of Parcel A, Parcel B and Parcel C of the
New Century Commons Plat (Plat Book 65, Page 21), as depicted on the map below.
(Ord. No. 01-21, § 6, 1-19-21)
(Ord. No. 01-21, § 6, 1-19-21)
(B) Workforce housing incentive areas. This section identifies the areas that have revitalization
incentives available in the form of density bonuses.
(1) Aura Delray Beach Overlay District. The area located between Congress Avenue and
the E-4 Canal, from West Atlantic Avenue to the Palm Beach County Palm Tran
property, as fully described in Ordinance No. 32-20.
71 Ord. No. 32-23
(2) Carver Estates Overlay District. The area defined in Section 4.5.11 and depicted on the
map below.
72 Ord. No. 32-23
(3) Congress Avenue Special Activities District (SAD). The area west of Congress Avenue
between Old Germantown Road and the Delray Oaks natural area to the south, more
specifically defined in Ordinance No. 31-20 and shown on the map below.
(4) Four Corners Overlay District. The area located at the four corners of the intersection
of West Atlantic Avenue and Military Trail, as adopted by Ordinance No. 08-07 and more
specifically defined in Section 4.5.14. The Overlay District includes both GC (General
Commercial) and PC (Planned Commercial) zoned properties.
(5) I-95/CSX Railroad Corridor Overlay District. The City Commission established an
additional workforce housing overlay district known as the I-95/CSX Railroad Corridor
Overlay District for certain properties located east of the CSX Railroad, west of I-95,
south of the E-4 Canal, and north of the Historic Depot property, as depicted on the map
below.
73 Ord. No. 32-23
(6) Infill workforce housing area. The City Commission established an additional
workforce housing overlay district known as the Infill Workforce Housing Area for
certain properties located west of the Intracoastal and east of I-95, outside of the coastal
high hazard area.
74 Ord. No. 32-23
75 Ord. No. 32-23
(7) Linton Commons Overlay District. The area located at the southwest corner of Linton
Boulevard and SW 4th Avenue and made up of Parcel A, Parcel B and Parcel C of the
New Century Commons Plat (Plat Book 65, Page 21).
(8) Silver Terrace Courtyards Overlay District.The area located on the west side of
South Federal Highway, approximately 320 feet south of SE 10th Street and north of
the Plaza at Delray, as shown in the map below.
76 Ord. No. 32-23
(12) Southwest Neighborhood Overlay District. The City Commission adopted the
Southwest Area Neighborhood Redevelopment Plan and Comprehensive Plan changes
recognizing the need to redevelop the Southwest Neighborhood in a manner that
preserves the neighborhood and provides workforce housing. The area zoned RM
between Interstate 95 and S.W. 1st Avenue, from Atlantic Avenue to S.W. 2nd Street,
except along SW 12th Avenue, where it extends south to SW 3rd Street, as shown on the
map below.
th
(13) Southwest 10 Street Overlay District. The area at the Southwest corner of Swinton
th
Avenue and 10 Street as shown on the map below.
77 Ord. No. 32-23
(14) West Atlantic Avenue Overlay. The area bounded by I-95 on the west, Swinton
Avenue on the East, S.W. 1st Street on the south, and N.W. 1st Street on the north, and
extending one block north of N.W. 1st Street along N.W. 5th Avenue to include Blocks
19 and 27, Town of Delray.
78 Ord. No. 32-23
Sec. 4.7.23. - ApplicabilityGeneral requirements.
Developers may earn additional density or height by building housing for very low, low, or
moderate income households, as defined in a specific incentive area. All developments shall meet
the requirements for units as specified in this Article and meet all applicable Land Development
Regulations. Workforce units shall include those units in a development, which are regulated in
terms of sales price or rent levels; marketing and initial occupancy; and continued requirements
pertaining to resale or rent increases. Except as otherwise provided in this ordinance, these
regulations shall apply only to development applications consistent with the following conditions
generally apply:
(A) Subject to restrictions contained in this Article, A development must be located within the
established Southwest Neighborhood Overlay District, the Carver Estates Overlay District, or
the Infill Workforce Housing Area workforce housing incentive areas in Article 4.7 to qualify
for participation in the Density Bonus Program set forth in this Article 4.7 density bonuses.
b. Subject to the restrictions of this Article, developments constructed pursuant to Section
4.3.4(J)(4)(b) must provide a proposal for workforce housing satisfactory to the City
Commission to qualify for an increase in height. Developers may propose to meet this
requirement by providing the units onsite, providing a monetary contribution, or delivery
of offsite units. The developer’s proposal for satisfying its workforce housing obligations
pursuant to this section shall be subject to the review and approval by the City
Commission. The City Commission may, in its sole and absolute discretion, accept the
developer’s plan for workforce housing, reject the developer’s plan for workforce
housing, or direct the developer to modify and re-submit a workforce housing proposal.
A combination of these three options is permissible subject to City Commission review
79 Ord. No. 32-23
and approval as provided for herein. For each required workforce housing unit which is
approved by the City Commission for payment by monetary contribution, developers
shall make a payment of a sum equal to $160,000.00, payable to the City of Delray Beach
Housing Trust Fund in lieu of providing the workforce housing unit within the
development. The applicant must elect and submit its preferred option or combination of
options for meeting the workforce housing requirement at the time application for
conditional use approval is submitted for consideration by the appropriate board. Offsite
units may be located anywhere within the City of Delray Beach. These units cannot be
previously allocated as workforce housing units in another project. These units would be
constructed at the time of the first vertical building permit issuance. If the project is built
in phases, then the workforce units would be constructed in the same proportion and
manner as the number of workforce units required for each phase.
(B)c. Subject to the restrictions of this Article and district zoning regulations, developments
constructed pursuant to 4.4.13(I) requesting an increase in height and / or density must provide
a proposal for to provide workforce housing satisfactory to the City Commission to qualify
for increased density. Developers may propose to meet this requirement by providing the units
onsite, providing a monetary contribution through an in-lieu payment, or by delivery of offsite
units., or a combination of these three options.
(1) The applicant mustschedule a pre-application meeting with Development Services and
the Neighborhood and Community Services Departments to discuss any workforce
housing proposal. Offsite units may be located anywhere within the City of Delray Beach.
These units cannot be previously allocated as workforce housing units in another project.
These units would be constructed at the time of the first vertical building permit issuance.
If the project is built in phases, then the workforce units would be constructed in the same
proportion and manner as the number of workforce units required for each phase.
(2) The developer's proposal for satisfyingto satisfy its workforce housing obligations
pursuant to this section shall be subject to review and approval by the appropriate board
and City Commission. The City Commission may, in its sole and absolute discretion,
accept the developer's plan for workforce housing, reject the developer's plan for
workforce housing, or direct the developer to modify and re-submit a workforce housing
proposal. A combination of these three options may be permissible subject to City
Commission review and approval as provided for herein. For each required workforce
housing unit, which isapproved by the City Commission for as an in-lieu payment by
monetary contribution, developers shall make a payment of a sum equal to $160,000.00,
payable to the City of Delray Beach Housing Trust Fund, in lieu of providing the
workforce housing unit within the development.
The applicant must elect and submit its preferred option or combination of options for meeting
the workforce housing requirement at the time application for conditional use approval is
submitted for consideration by the appropriate board. Offsite units may be located
anywhere within the City of Delray Beach. These units cannot be previously allocated as
workforce housing units in another project. These units would be constructed at the time
of the first vertical building permit issuance. If the project is built in phases, then the
80 Ord. No. 32-23
workforce units would be constructed in the same proportion and manner as the number
of workforce units required for each phase.
(3) Final approval conditions. Final conditions of approval shall specify that the restricted
units are priced and/or rented at workforce housing levels and shall state that those units
shall be rented and/or sold to the eligible income group in accordance with this article.
The conditions will also specify the requirements for reporting to the City's Community
Improvement Department on buyer eligibility, housing prices, as well as any applicable
requirement to record a covenant or to enforce resale restrictions.
(C)d. In order to qualify for a density bonus, a project must consist of at least five new or
substantially rehabilitated dwelling units. The U.S. Department of Housing and Urban
Development (HUD) definition shall be used to determine whether there has been substantial
rehabilitation. In addition, the units must contain design features, such as, but not limited to
front porches, eyebrows, outriggers, gables, dormers, arbors, trellises, shutters, balconies,
decorative vents, siding, textured stucco finishes, undulating facades and other such
appropriate architectural features.
(D)e. The developer or responsible party must provide relocation assistance per household
displaced as a result of the proposed project at a minimum of $2,500.00 in the amount required
by state or federal guidelines, per each household that is displaced as a result of the proposed
project as adopted in the Residential Anti-displacement and Relocation Assistance Plan
approved by the City.
f. In the Southwest 10th Street Overlay District, at least twenty percent of all residential
units must be workforce housing units that are affordable to very low, or low, or moderate
income families.
g. The Carver Estates Overlay District, the Southwest Neighborhood Overlay District, and
the Infill Workforce Housing Area shall contain units that are affordable to very low, or
low, or moderate income families.
h. Developments which must provide workforce housing pursuant to Section
4.3.4(J)(4)(b)ii(1) or Section 4.4.13(I) shall contain units that are affordable to low or
moderate income families.
i. In the I-95/CSX Railroad Corridor Overlay District, at least twenty-five (25) percent of
all residential units must be workforce housing units that are affordable to very low, or
low, or moderate income families.
j. In the Silver Terrace Courtyards Overlay District, at least 20 percent of all residential
units must be workforce housing units that are affordable to very low, or low, or moderate
income families.
81 Ord. No. 32-23
(E)a.All on-site workforce housing units shall be situated within the development so as notto
be in less desirable locations than market-rate units in the development and shall, on average,
be no less accessible to public amenities, such as open space, as the market-rate units.
(F)b. Workforce housing units, if located within a market rate unit development or located
offsite, shall be integrated with the rest of the development and shall be compatible in exterior
design, appearance, construction, and quality of materials and contain comparable HVAC
systems and appliances with market rate units and provide them as standard features. All
workforce housing units shall contain comparable square footage to the corresponding
market-rate unit.
(G)d. The construction schedule for workforce housing units shall be consistent with the
construction of market rate units.
(H)e. There shall be no lot premiums charged on the workforce housing units.
(I)f. All fractional bonus densities shall be rounded down.
(J)k. Workforce housing units constructed according to this policy shall only be rented or sold
as a primary residence.
(K) The developer shall provide workforce housing units that include unit types in the same
proportion as the market rate housing unit types. The required unit mix and affordability shall
be as follows, unless otherwise regulated in a particular workforce housing area:
TABLE 4.7.3-A
COMPOSITION OF WORKHOUSE HOUSING UNITS
Unit TypeDistribution
Efficiency or studio Not allowed
One-bedroomNo greater than 30 percent of the total units, including market
rate and workforce housing units.
The proportion of one-bedroom workforce units to total
workforce units may not exceed the proportion of one bedroom
market rate units to total market rate units.
Two-bedroom The proportion of two-bedroom workforce units to total
workforce units may not exceed the proportion of two-bedroom
market rate units to total market rate units.
Three-bedroom The proportion of three-bedroom workforce units to total
workforce units must meet or exceed the proportion of three
bedroom market rate units to total market rate units, unless four
plus bedroom workforce units are provided.
82 Ord. No. 32-23
Four-plus bedrooms The proportion of four-plus-bedroom workforce units to total
workforce units must meet or exceed the proportion of four plus
bedroom market rate units to total market rate units.
Unit types If the development contains a mix of different types of units, (e.g.
condominium, townhouse, detached, etc.), the proportion of
workforce units of each type to total workforce units must be
approximately the same as the proportion of market rate units of
each type to total market rate units
For sale and for rent units The proportion of for rent workforce units to for sale workforce
units must not exceed the proportion of for rent market rate units
to for sale market rate units. If the workforce housing units are
funded under Florida Housing Finance Corporation's Housing
Credit or State Apartment Incentive Loan (SAIL) Programs, the
proportionality requirement herein stated shall not apply if the
development provides at least 20 percent of the "for sale" units as
workforce housing units.
(L) A restrictive covenant shall specify that the units designated as workforce housing are sold
and/or rented at the approved income levels to the eligible income group in accordance with
this article. The restrictive covenant shall also require reporting to the City's Community
Improvement Department on buyer eligibility, housing prices, as well as any applicable
requirement to record a covenant or to enforce resale restrictions.
Sec. 4.7.34. – Density bonus areas Provision of workforce housing units.
Developers Proposed developments will be allowed additional density or height in exchange
for providing workforce housing units, subject to the limits and requirements of this chapter.
Developers Developments will be allowed additional density, beyond the base number allowed
per existing by the Land Development Regulations after performance standards have been met.
Developers will be allowed additional height under Section 4.3.4(J)(4) beyond 48 feet after the
height requirements of Section 4.3.4(J)(4)(b) have been met.
a. Developers may earn additional density by building housing for very low, low or
moderate income families within the designated boundaries of the Overlay Districts and
Infill Workforce Housing Area or other appropriately zoned areas of the City described
in this article.
b. All development shall meet the requirements for units as specified in this chapter and
meet all required Land Development Regulations.
c. Workforce units shall include those units in a development, which are regulated in terms
of:
i. Sales price or rent levels; and
ii. Marketing and initial occupancy; and
iii. Continued requirements pertaining to resale or rent increases.
83 Ord. No. 32-23
(A) Sec. 4.7.4. - Density Bonus Program for tThe Southwest Neighborhood Overlay District, the
Carver Estates Overlay District and the Infill Workforce Housing Area. (#) Developers of
property Development proposals in the Southwest Neighborhood Overlay District, the Carver
Estates Overlay District and the Infill Workforce Housing Area, that meet the minimum
standards will earn bonus units for building workforce housing for very low, low and moderate
income families.
(1a). The size of the bonus varies based on several factors including:
(a)i. Affordability (i.e., homes affordable to very low, low, or moderate families
households)
(b)ii. Home Size (i.e., workforce housing units with four or more bedrooms are
awarded larger bonuses)
(c)iii. Ownership versus Rental (i.e., larger bonuses are awarded for workforce housing
units offered for sale to low and very-low income families and larger bonuses are
awarded for ownership versus rental units.)
(2b). To be eligible for bonus units, developers developments must meet one or more of the
following criteria:
(a)i. A designated number of the total units are restricted to very low income
households, and/or
(b)ii. A designated number of the total units are restricted to low income households,
and/or
(c)iii. A designated number of the units are restricted to moderate income households
(3c). Subject to the review and approval by the City Commission as provided in Section
4.7.2, workforce housing units may be located off-site provided the off-site location
chosen is within the City of Delray Beach.
(4d). The bonus allowances are set forth in Table 1 4.7.4-A below. Sample calculations are
available from Development Services.
TABLE 1 DENSITY BONUS ALLOCATIONS IN THE SOUTHWEST
NEIGHBORHOOD OVERLAY DISTRICT, THE INFILL WORKFORCE HOUSING
AREA AND THE CARVER ESTATES OVERLAY DISTRICT
84 Ord. No. 32-23
TABLE 4.7.4-A
DENSITY BONUS ALLOCATIONS IN THE SOUTHWEST NEIGHBORHOOD
OVERLAY DISTRICT, THE INFILL WORKFORCE HOUSING AREA AND THE
CARVER ESTATES OVERLAY DISTRICT
NUMBER OF BONUS UNITS PER
OPTION SALE/RENT
WORKFORCE UNIT PROVIDED
VERY LOW 60% 4
LOW 80%—61%61% - 80% 3
MODERATE 120%—81%81% -
2
120%
LARGE HOME OPTION
4+ bedroom workforce housing Additional 0.5 bonus will be added to the bonus provided
units above in this chart
(5e). Instead of or in addition to providing workforce housing units, developers
developments may also accrue bonus units by contributing to the City of Delray Beach
Housing Trust Fund that will be utilized to subsidize workforce housing in the City of
Delray Beach. Developers Development proposals may earn one bonus unit for each
payment of a sum equal to $60,000.00, payable to the City of Delray Beach Housing Trust
Fund.
(6f). Also, instead of or in addition to providing workforce housing units, developers
development proposals shall may earn bonus units by donating land (buildable lots) in
the City Delray Beach to be used for workforce housing. The appraised value of donated
land will be valued in accordance with sSubsection e.(5) above and may be prorated. The
appraisal shall be obtained by the project developer at developer's cost.
(7g). The maximum total density of a development in the Southwest Neighborhood Overlay
District and the Carver Estates Overlay District shall not exceed 24 units per acre. The
maximum total density of a development in the Infill Workforce Housing Area shall not
exceed 18 units per acre for properties zoned RM and 22 units per acre and a Floor Area
Ratio of 0.75 for properties zoned GC. All other workforce housing area densities shall
be limited to the maximum allowed in the zoning district and as set forth elsewhere in the
Land Development Regulations.
(BX) Sec. 4.7.5. - Density Bonus Program for the Southwest 10th Street, I-95/CSX Railroad
Corridor and Silver Terrace Courtyards Overlay Districts.
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(1)a. Southwest 10 Street Overlay District. Developers of property Development
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proposals in the Southwest 10Street Overlay District shall develop the properties to
afford provide a minimum of 20 percent of the residential units as workforce housing
units.
85 Ord. No. 32-23
(a)i. The twenty percent that are developed as workforce housing units must contain
units that are affordable to very low, low, or moderate income families.
th
(b)ii. In the Southwest 10Street Overlay District, the maximum density allowed is
the maximum zoning density allowed in the zoning district. To obtain the maximum
density allowed in the zoning district, not only must a minimum of 20 percent of the
residential units be developed as workforce housing, but all the performance
standards that allow increased density shall also be substantially met.
(c)iii. Workforce housing units may be located off-site provided the location chosen is
within the City of Delray Beach.
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(d)iv. All sections of Article 4.7 apply to the Southwest 10Street Overlay District,
except for Sections 4.7.4, and 4.7.11 and 4.7.12.
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(e)vii. Notwithstanding Table 4.7.3-A, in the Southwest 10 Street Overlay District at
least 75 percent of the workforce housing units shall be three-bedroom units offered
for initial sale in an amount not to exceed $225,000.00 and 25 percent of the
workforce housing units may be two bedroom units offered at the low income
affordability rate.
(2)b. I-95/CSX Railroad Corridor Overlay District. Developers of property Development
proposals in the I-95/CSX Railroad Corridor Overlay District shall develop the properties
to afford provide a minimum of 25 percent of the residential units as workforce housing
units.
(a)i. The twenty-five percent that are developed as workforce housing units must
contain units that are affordable to very low, low, or moderate income families.
(b)ii. In the I-95/CSX Railroad Corridor Overlay District, the maximum density
allowed is 24 units per acres as a Conditional Use. To obtain a density greater than
six units per acre, not only must a minimum of 25 percent of the residential units be
developed as workforce housing, but the performance standards of inSection
4.4.6(I), 4.3.3(BB) shall also be substantially met.
(c)iii. All sections of Article 4.7 apply to the I-95/CSX Railroad Corridor Overlay
District, except for Sections 4.7.4, and 4.7.11 and 4.7.12.
(3)c. Silver Terrace Courtyards Overlay District. Developers of property Development
proposals in the Silver Terrace Courtyards Overlay District shall develop the properties
to afford provide a minimum of 20 percent of the residential units as workforce housing
units.
(a)i. The 20 percent that are developed as workforce housing units must contain units
that are affordable to very low, low, or moderate income families.
86 Ord. No. 32-23
(b)ii. In the Silver Terrace Courtyards Overlay District, the maximum density allowed
is 22 units per acreas a Conditional Use. To obtain a density greater than six units
per acre, not only must a minimum of 20 percent of the residential units be developed
as workforce housing, but the performance standards of Section 4.4.6(I) 4.3.3(BB),
shall also be substantially met.
(c)iii. All sections of Article 4.7 apply to the Silver Terrace Courtyards Overlay
District, except for Sections 4.7.4, and 4.7.11 and 4.7.12.
(C) Aura Delray Beach Overlay District. A minimum of 25 percent of the project density must
be provided onsite as workforce housing. The Overlay District shall be developed in
accordance with the following:
d. Aura Delray Beach Overlay District. The Aura Delray Beach Overlay District shall be
developed in accordance with the following:
(1) i.25 percent of the residential units must be developed and provided on-site as
workforce housing for moderate income households.
(2) ii. The maximum density allowed is 24 units per acres.
(3) iii. The provisions ofArticle 4.7 are to be applied, or any workforce housing
regulations specified as part of an adopted SAD Ordinance, as applicable.
(D) e. Linton Commons Overlay District.Developers of property in the Linton Commons
Overlay District shall develop the properties to afford a minimum of 20 percent of the
residential units as workforce housing units.
(1) i.The workforce housing units must be provided on-site and be affordable to an
equal distribution of very low, low, or moderate income families.
(2) ii. The maximum density allowed is 30 units per acre as a conditional use. To
obtain a density greater than six units per acre, the performance standards
of Section 4.4.6(I) 4.3.3(BB), shall also be substantially met.
(3) iii. All sections of Article 4.7 apply to the Linton Commons Overlay District,
except for Sections 4.7.3(K), 4.7.4, and 4.7.11.
(E) Congress Avenue Special Activities District (SAD). Residential development shall have 10
percent moderate income rental units and 10 percent moderate income for-sale units, as
regulated by Ordinance No. 30-18 and any subsequent amendments.
(F) Central Business (CBD) District. Certain broad based and applicable incentives are
available within certain CBD sub-districts to advance City strategic, policy-driven goals,
such as the expansion of workforce housing. The specific incentives and required
performance criteria are identified in Section 4.4.13(H).
87 Ord. No. 32-23
(1) West Atlantic Neighborhood Subdistrict of the CBD. Developments which must provide
workforce housing pursuant to a request for increase in density as outlined in Section
4.4.13(H) shall contain units that are affordable to low or moderate income families.
(2) Railroad Corridor Sub-district. Density may be increased over 30 dwelling units per acre
up to 70 dwelling units per acre with the provision of at least 20 percent workforce
housing units on-site with an equal distribution of units for very low, low, and moderate
income units.
(3) South Pairs Sub-district. Density may be increased from 12 dwelling units per acre up to
50 dwelling units per acre.
(G) Four Corners OverlayDistrict. Multi-family dwelling units, excluding duplexes, may
comprise 75 percent of the total floor area of the development master plan at a maximum
density of 30 units per acre, when proposed as part of a mixed-use development containing
office and/or commercial uses. Residential developments must include a minimum of 20
percent moderate income workforce units subject to provisions of Section 4.4.9, Article 4.7,
and the Performance Standards of Section 4.3.3(BB).
(H) Mixed Residential, Office, and Commercial District (MROC). As regulated by Section
4.4.29, density may be increased as high as 50 dwelling units per acre, subject to locational
criteria and the provision of a minimum of 20 percent moderate income workforce units.
An increase in square footage is also allowed for self-storage facilities that provide a
workforce housing contribution equal to 0.75 percent of the total project construction cost.
(I) Requests for increase in height. Increases in height from 48 feet to a maximum of 60 feet
are permitted in the areas identified in Section 4.3.4(J) and must provide low or moderate
income workforce housing units onsite, offsite, or through monetary contributions that
comply with the provisions of Article 4.7, equal to at least 20 percent of the residential units
on the top floor.
Sec. 4.7.6.5. - Rental housing units.
(A)a. A covenant shall be recorded in the Public Records specifying the income level served,
rent levels, reporting requirements and all restrictions applicable to the workforce housing
units. All leases shall contain language incorporating covenants applicable to the workforce
housing unit and reference recorded covenants.
(B)b. Household income levels, affordability ranges, and maximum rental rates are provided in
Table 4.7.6-A—Rental Housing Units.
Table 4.7.6-A
Workforce Housing - Rental Units
88 Ord. No. 32-23
Units shall not have rental
Household Income Affordability Level Range
rates that exceed the
Level (determined by Palm Beach
following percent of the
County Median Income)
HUD determined fair market
rent for the area:
60%
Very Low Under 60%
80%
Low 61% to 80%
120%
Moderate 81% to 120%
NOTE: Any developments previously approved with another maximum rent for a particular
household income level shall remain subject to the terms of project approval.
(C)e. No workforce housing units shall be offered for rent to the general public until all
requirements of this Section are met.
(D)f.All Restrictive Covenants shall meet the requirements of this Article and are subject to
approval of the City Attorney.
(E) Workforce housing rental units shall be marketed continuously as workforce housing units.
If the total number of occupied workforce housing units does not equal 100 percent of the
workforce units required by the restrictive covenant, workforce units that have remained
vacant for 45 days or more due to a lack of eligibleoccupants may be rented to non-eligible
occupants at market rents subject to the following conditions:
(1) At the end of each calendar year, the developer shall pay to the Delray Beach Housing
Trust Fund (DBHTF) any rents received from the non-eligible occupants of the workforce
units for that year in excess of the rents that would have been received from eligible
occupants for such workforce units based on workforce rents at the time of the signing of
the lease ("Excess Rental Payment").
(a) Excess Rental Payments shall accrue only for periods in which the required 100
percent is not satisfied.
(b) No later than 20 days following the end of the month, the developer shall provide the
DBHTF with a monthly statement highlighting those units which require Excess
Rental Payments.
(c) No later than 30 days following the end of the year, the developer shall provide the
DBHTF with an annual statement and shall submit the amounts due to the DBHTF
within 30 days following written notice from the DBHTF of its approval of each
annual statement.
(2) Workforce units rented to non-eligible occupants will be considered workforce housing
units for the purposes of complying with these regulations, but only until the next vacant
unit is rented to an eligible candidate, at which time the non-eligible unit will cease to be
considered a workforce housing unit. If less than 100 percent of the total number of
workforce units required for the project are occupied with workforce eligible occupants,
89 Ord. No. 32-23
then each subsequent vacant unit shall be marketed to workforce eligible applicants until
all required workforce units are rented to eligible occupants.
Sec. 4.7.7.6 - For sale housing units.
(A)a. With the exception of workforce housing units sold as part of the Delray Beacha
Community Land Trust, all deeds shall include the restrictive covenants applicable to
workforce housing units. All sales contracts shall state that the unit is part of a workforce
housing program and subject to Section Article 4.7 of the Land Development Regulations of
the City. All deeds to buyers of workforce housing units shall contain restrictive covenants
providing that the Community Land Trust shall have the right of first refusal to purchase the
workforce housing unit on the same terms and conditions as a prospective buyer. The
restrictive covenant shall give the Community Land Trust 15 business days to enter into a
contract to purchase the property on the same terms and conditions as the prospective buyer.
(B)b. All purchasers of workforce housing units shall be very low, low or moderate income
households; provided, however, in exceptional circumstances when persons in households
above the moderate income level are displaced due to redevelopment or catastrophic events,
the persons so affected shall also be eligible for workforce housing. Under these
circumstances, the Density Bonus allocations under Section 4.7.4 shall be for moderate
income households.
(C)c. Owners of workforce housing units shall be required to occupy the unit unless evidence is
presented to Neighborhood and Community Services Department staff indicating that the
owner is unable to continuously occupy the unit due to illness or incapacity.
(D)d. Closing costs and title insurance shall be paid pursuant to the custom and practice in Palm
Beach County at the time of opening of escrow. No charges or fees shall be imposed by the
seller on the purchaser of a workforce housing unit which are in addition to or more than
charges imposed upon purchasers of market rate units, except for administrative fees charged
by the City/CRA, or their designee.
(E)e.The sales price or value of new or existing eligible housing may not exceed 90 percent of
the average area purchase price in the Palm Beach County statistical area. The average area
purchase price may be calculated for any 12-month period beginning no earlier than the fourth
calendar year prior to the year in which the purchase occurs. The sales price of new and
existing units can be lower than, but not in excess of 90 percent of the median area purchase
price established by the U.S. Treasury Department or as described above.
(F)f. No workforce housing units shall be offered for sale to the general public until all
requirements of this chapter are met.
(G)g. All Restrictive Covenants shall meet the requirements of this Article and are subject to
approval of the City Attorney.
Sec. 4.7.8.7. - Resale and subsequent rentals of affordable units.
90 Ord. No. 32-23
To maintain the availability of workforce housing units which may be constructed pursuant
to the requirements of this program, the following resale conditions shall be imposed on the
workforce housing units and included in the deed or restrictive covenant and recorded in the Public
Records of Palm Beach County:
(A) Except for Community Land Trust properties, a deed restriction, restrictive covenant, or
bylaws to ensure continued affordability, shall be approved by the City Attorney, prior to
recording in the Public Records of Palm Beach County.
(B) The deed restriction shall limit the maximum permitted resale price to the initial sale price of
the workforce housing units, increased at the same rate as the Palm Beach County median
income has increased from the initial date of purchase. Prior to the closing on any sale, resale
or prior to any rental of any workforce housing unit, the City shall be notified of the sale,
resale or rental.
(C) Conversions of rental units to owner occupied units or vice versa shall require the subsequent
rental or sale to be for the same workforce housing income category.
(D) For both sale and rental of workforce housing units, affordability and occupancy restrictions
shall remain in effect for no less than 40 years commencing from the initial date of occupancy
of the unit. These restrictions shall also apply to any replacement structure or structures
constructed if a workforce housing unit or units is demolished or destroyed, provided that the
demolition or destruction of the structure was unintentional. Restrictions on the units in the
structure may terminate on demolition or destruction if it occurs 35 years after recording of
the restrictions.
(E) A lessee or owner of an income restricted unit is not required to vacate or sell the unit if the
tenant(s) or purchaser (s) income later exceeds the AMI.
(F) The City of Delray Beach, its successors and assigns may enforce the restrictive covenants. No
amendments to the covenants shall be made unless by written instrument approved by the
City.
a. All workforce housing units shall remain affordable for a period of no less than 40 years
commencing from the date of initial occupancy of the unit, subject to the limits set forth
in this section and Section 4.7.9.
(G)b. All workforce housing units must only be sublet, rented or sold to income-eligible
households of the same income category; tenant or purchaser income may not exceed the
percent of the AMI under which the unit was originally approved. There shall be no provisions
for releases from the sale or rental of workforce units to eligible households. Workforce
housing units may only be resold to non-eligible households only when the restriction expires.
(H)c. Deed restrictions or restrictive covenants and/or bylaws designed to ensure continued
affordability shall be embodied in legally binding agreements meeting the requirements of
91 Ord. No. 32-23
this Article, which shall be approved by the City Attorney prior to recording. Workforce
housing units sold as part of any Delray Beach Community Land Trust sale shall not contain
resale restrictions other than those contained in the ground lease recorded as part of the
original sale.
(I)d. Workforce housing unit resales shall be limited to households of the same category relative
to income.
(J)e. The sales price of workforce housing units may not exceed the upper limit of affordability
for the income category to which the unit was originally assigned.
(K)f. Transfers of title under the following circumstances shall be allowed,and are not subject
to the restrictions included in this program:
(1)i. Transfers by inheritance to the unit owner’s surviving spouse, qualified domestic
partner, or lineal descendants, or
(2)ii. Transfers of title to a spouse as part of a divorce decree, or to a qualified domestic
partner as part of a court approved property settlement agreement, or;
(3)iii. Acquisition of title or interest therein by an existing unit owner’s spouse if it is in
conjunction with marriage of the unit owner and his or her spouse; or by an existing unit
owner’s qualified domestic partner.
(L)g. No resales of workforce housing units shall be completed until the requirements of this
chapter are met.
Sec. 4.7.9. - General provisions.
a. If not located offsite, all workforce housing units constructed or rehabilitated under this
program shall be situated within the development so as not to be in less desirable locations
than market-rate units in the development and shall, on average, be no less accessible to public
amenities, such as open space, as the market-rate units.
b. Workforce housing units, if located within a market rate unit development or located offsite,
shall be integrated with the rest of the development and shall be compatible in exterior design,
appearance, construction, and quality of materials and contain comparable HVAC systems
and appliances with market rate units and provide them as standard features. All workforce
housing units shall contain comparable square footage to the corresponding market-rate unit.
c. The developer shall endeavor to provide workforce housing units that include unit types in
the same proportion as the market rate housing unit types. The following conditions must be
met:
i. The proportion of one-bedroom workforce units to total workforce units may not exceed
the proportion of one bedroom market rate units to total market rate units.
ii. The proportion of two-bedroom workforce units to total workforce units may not exceed
the proportion of two-bedroom market rate units to total market rate units.
92 Ord. No. 32-23
iii. The proportion of three-bedroom workforce units to total workforce units must meet or
exceed the proportion of three bedroom market rate units to total market rate units, unless
four plus bedroom workforce units are provided.
iv. The proportion of four-plus-bedroom workforce units to total workforce units must meet
or exceed the proportion of four plus bedroom market rate units to total market rate units.
v. If the development contains a mix of different types of units, (e.g. condominium,
townhouse, detached, etc.), the proportion of workforce units of each type to total
workforce units must be approximately the same as the proportion of market rate units of
each type to total market rate units.
vi. If the development includes both for sale and for rent units, the proportion of for rent
workforce units to for sale workforce units must not exceed the proportion of for rent
market rate units to for sale market rate units; provided however if the workforce housing
units are funded under Florida Housing Finance Corporation's Housing Credit or SAIL
Programs, the proportionality requirement herein stated shall not apply if the
development provides at least 20 percent of the "for sale" units as workforce housing
units.
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vii. Notwithstanding Section 4.7.9 c. i., ii., iii., iv. and v. above, in the Southwest 10 Street
Overlay District at least 75 percent of the workforce housing units shall be three-bedroom
units offered for initial sale in an amount not to exceed $225,000.00 and 25 percent of the
workforce housing units may be two bedroom units offered at the low income
affordability rate.
d. The construction schedule for workforce housing units shall be consistent with or precede the
construction of market rate units.
e. There shall be no lot premiums charged on the workforce housing units.
f. All fractional bonus densities shall be rounded down.
g. The City of Delray Beach, its successors and assigns may enforce the covenants. No
amendments to the covenants shall be made unless by written instrument approved by the
City.
h. No efficiency or studio type units shall be allowed under the family/workforce housing
program.
i. The total number of one bedroom units in any qualifying project shall not exceed 30 percent
of the total number of units in the project, including both family/workforce units and market
rate units.
j. Except as otherwise provided in Section 4.7.8(c), Workforce Housing Units constructed
according to this policy shall be protected for subsequent resale or rental to Workforce
Households whose income does not exceed the applicable AMI by deed restrictions or by
other equivalent and effective methods. Conversions of rental units to owner occupied units
or vice versa shall require the subsequent rental or sale to be for the same workforce housing
income category.
k. Workforce Housing Units constructed according to this policy shall only be rented or sold as
a primary residence.
l. Except as otherwise provide in Section 4.7.8(c), a deed restriction on a form acceptable to the
City Attorney shall be recorded in the Public Records of Palm Beach County. In addition to
other restrictions therein contained, said deed restriction shall prohibit any subletting or
assignment of the respective Workforce Housing Unit to a tenant(s) or purchaser(s) whose
income exceeds the percent of the AMI under which the unit is originally approved. For the
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purpose of this section, household income is determined by the cumulative income of all
tenants or purchasers under one roof. In addition, said deed restriction shall limit the maximum
permitted resale price to the initial sale price of the Workforce Housing Units, increased at the
same rate as the Palm Beach County median income has increased from the initial date of
purchase. Prior to the closing on any sale, resale or prior to any rental of any workforce
housing unit, the City shall be notified of the sale, resale or rental.
m. For both sale and rental of Workforce Housing Units, affordability and occupancy
restrictions shall remain in effect for 40 years and shall apply to any replacement structure or
structures constructed if a structure containing a Workforce Housing Unit or Units is
demolished or destroyed, provided that if demolition or destruction of a structure containing
Workforce Housing Units occurs 35 years after recording of the restrictions and said
demolition or destruction was unintentional, restrictions on the units in the structure shall
terminate on demolition or destruction.
n. Nothing requires a workforce household to vacate a rental workforce housing unit or sell a
workforce housing unit if the tenant(s) or purchaser (s) income later exceeds AMI.
o. Workforce housing rental units shall be marketed continuously as workforce housing units.
In the unlikely event that, notwithstanding the marketing efforts outlined in a specific Covenant
agreement, the total number of occupied workforce housing units does not equal 100 percent of
the workforce units required for the project and , as to workforce units which have remained vacant
for 45 days or more due to a lack of Eligible Occupants, those units may be rented to non-
eligible occupants at market rents; provided that the Developer shall pay to the Delray Beach
Housing Trust Fund (DBHTF) at the end of each calendar year any rents actually received from
the non-eligible occupants of the workforce units for that year in excess of the rents that would
have been received from Eligible Occupants for such workforce units based on workforce rents at
the time of the signing of the lease ("Excess Rental Payment"). Excess Rental Payments shall
accrue only for periods in which the required 100 percent is not satisfied. No later than 20 days
following the end of the month, the Developer shall provide the DBHTF with a monthly statement
highlighting those units which require Excess Rental Payments. No later than 30 days following
the end of the year, the Developer shall provide the DBHTF with an annual statement and shall
submit the amounts due to the DBHTF within 30 days following written notice from the DBHTF
of its approval of each annual statement. The workforce units rented to non-eligible occupants will
be considered Workforce Housing Units for the purposes of complying with this Ordinance, but
only until the next vacant unit is rented to an eligible candidate, at which time the non-eligible unit
will cease to be considered a Workforce Housing Unit. If less than 100 percent of the total number
of workforce units required for the project are occupied with workforce eligible occupants, then
each subsequent vacant unit shall be marketed to workforce eligible applicants pursuant to an
approved marketing and advertising plan until all required workforce units are rented to eligible
occupants.
Sec. 4.7.10. - Review and approval process.
a. Final approval conditions. Final conditions of approval shall specify that the restricted units
are priced and/or rented at workforce housing levels and shall state that those units shall be
rented and/or sold to the eligible income group in accordance with this article. The conditions
will also specify the requirements for reporting to the City's Community Improvement
Department on buyer eligibility, housing prices, as well as any applicable requirement to
record a covenant or to enforce resale restrictions.
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Sec. 4.7.11.8. - Other incentives.
(A)a.Nonconforming lots of record.In order to address a shortage of workforce housing units, incentives
have been added to induce the construction of workforce housing units in the City. In addition to the
other incentives contained within this article, nonconforming lots of record that have at least 40 feet of
frontage may be used for Wworkforce Hhousing, as long as provided the workforce proposed housing
unit meets thetypical designs represented by the sketches set forth below and, the additional
requirements of 4.1.4(D) as well as, and any other applicable code provisions are met.
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Section 35. All ordinances or parts thereof in conflict or inconsistent with the provisions of this
Ordinance are hereby repealed.
Section 36. If any word, clause, sentence, paragraph, section, or part thereof contained in this
Ordinance is declared to be unconstitutional, unenforceable, void, or inoperative by a court of competent
jurisdiction, such declaration shall not affect the validity of the remainder of this Ordinance.
Section 37. Specific authority is hereby given to the City Clerk to codify this Ordinance.
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