Ordinance No. 04-24ORDINANCE NO.04-24
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 4.4."BASE ZONING DISTRICT"SECTION 4.4.13,
CENTRAL BUSINESS (CBD)DISTRICT,"SUBSECTION (!).··eso
PARKING STANDARDS,"SUB-SUBSECTíON (2),"MINIMUM
NUMBER OF OFF-STREET PARKING SPACES,"TO EXTEND THE
PARKING EXEMPTION FOR CHANGES IN COMMERCIAL USE
WITHIN EXISTING COMMERCIAL BUILDINGS AND ASSOCIATED
OUTDOOR AREAS WITHIN THE WEST ATLANTIC
NEIGHBORHOOD SUB-DISTRICT OF THE CENTRAL BUSINESS
DISTRICT THROUGH DECEMBER 31,2026;PROVIDING A
CONFLICTS CLAUSE,A SEVERABILITY CLAUSE,AUTHORITY TO
CODIFY,AND PROVIDING AN EFFECTIVE DATE.
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,on November 7,2017,the City adopted Ordinance No.39-17,creating an exemption to
requiring additional on-site parking for changes in commercial use within an existing commercial building
within the West Atlantic Neighborhood Sub-district of the Central Business District (CBD),sunsetting on
December 3 1,2020:and
WHEREAS,on June 16,2020,the City adopted a privately initiated amendment via Ordinance No.
01-20,extending the exemption to December 31,2023.and expanding the exemption to include outdoor use
areas associated with an existing commercial building;and
WHEREAS,the City desires to extend the exemption to December 31,2026,to encourage the
adaptive reuse of existing commercial structures and their associated outdoor spaces in the West Atlantic
Neighborhood Sub-district of the CBD;and
WHEREAS,the West Atlantic Neighborhood Sub-district of the CBD includes the West Settlers
Historic District;and
WHEREAS,pursuant to Section 2.1.9E)13)of the LOR,the Historic Preservation Board shall
review and make recommendations to the Planning and Zoning Board for any amendments to the LOR that
apply to Historic strnctures and districts;and
WHEREAS,at its December 6,2023,regular meeting,the Historic Preservation Board voted 6 to O
to recommend that the proposed text amendment 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
WHEREAS,pursuant to Florida Statutes 163.3 l 74(4)(c),the Planning and Zoning Board for the City
of Delray Beach,sitting as the Local Planning Agency,reviewed the proposed text amendment to the Land
Development Regulations at a public hearing on December 18,2023,and voted 4 to I to recommend that the
proposed text amendment 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
WHEREAS,the City Commission considered the text amendment and has considered the respective
findings as set forth in the Comprehensive Plan and Land Development Regulations.
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.
Section3.Chapter 4,"Zoning Regulations."Article 4.4,"Base Zoning District,"Section 4.4.13.
"Central Business (CBD)District".Subsection (I),"CBD parking standards."Sub-Subsection (2),
Minimum number of off-street parking spaces,"of the Land Development Regulations of the City of
Delray Beach,is hereby amended to read as follows:
(a)-(h)(These subsections shall remain in full force and effect as previously adopted)
(i)Within the West Atlantic Neighborhood Sub-district,west of NW/SW 4"Avenue and east of
NWSW 12"Avenue,changes in commercial use within existing (as of November7_2017)
commercial buildings and associateci outdoor areas subject to the provisions of Section 4.6.6,shall
not be required to provide additional on-site parking.The provisions of this sub-subsection shall
only be effective until December 31,20236,and subject to submittal of a building permit.
(.i)(This subsection shall remain in full force and effect as previously adopted)
Section 4.
repealed.
All ordinances or parts of ordinances in conflict herewith be and the same are hereby
Section5.Should any section or provision of this ordinance or any portion thereof,any
paragraph,sentence,or word be declared by a court of competent jurisdiction to be invalid,such decision
2 ORD.NO.04-24
shall not affect the validity of the remainder hereof as a whole or part thereofo ther than the part declared to
be invalid.
Section 6.Specific authority is hereby given to codify this Ordinance.
Section 7.
final reading.
P ASSED AND ADOPTED in regular session on second and final reading on this 20"ay orfe+4 "
ATTEST:
This ordinance shall become effective immediately upon its passage on second and
ZJ2o /aoz
Shelly Petrolia,Mayor
7-7
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