Ordinance No. 08-24ORDINANCE NO.08-24
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 4.4.3,"SINGLE FAMILY RESIDENTIAL (R-1)DISTRICTS,"
SECTION 4.4.5,"LOW DENSITY RESIDENTIAL (RL)DISTRICT,"
AND SECTION 4.4.6,"MEDIUM DENSITY RESIDENTIAL (RM)
DISTRICT,"TO ADOPT FLOOR AREA RA TIO AND BUILDING
ARTICULATION REGULA TI ONS FOR RESIDENTIAL
DEVELOPMENT EAST OF THE INTRACOASTAL WATERWAY;
AMENDING APPENDIX A,"DEFINITIONS,"TO ADOPT
DEFINITIONS FOR HORIZONTAL ARTICULATION AND STEP-
BACK;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,residential development east of the Intracoastal Waterway has a distinctive,historic
form;and
WHEREAS,recent residential development east of the Intracoastal Waterway has taken a different
form that is incompatible with the village by the sea characteristics of these neighborhoods;and
WHEREAS,on January 1 O,2023,the City Commission directed staff to develop regulations to
govern the form ofresidential development east of the Intracoastal Waterway;and
WHEREAS,pursuant to Florida Statutes 163.3174(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 January 22,2024,and voted 4 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,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 l.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 4.4,"Base Zoning District,"Section 4.4.3,
"Single Family Residential (R-1)Districts,"of the Land Development Regulations of the City of Delray
Beach,is hereby amended to read as follows:
Sec.4.4.3.Single Family Residential (R-1)Districts.
(A)-(E)(These subsections shall remain in full force and effect as adopted.)
(F)Development standards.The development standards in Section 4.3.4 shall apply,except as modified
below:
(l)Properties located within the North Beaeh/Seagate and Ocean Neighborhood Overlay Districts_east
of the Intracoastal Waterway that are not subject to subsection (4)below shall comply with the
provisions of the adopted Beach Property Owners Design Manual for the North Beach and Seagate
Neighborhoods ineluding but not limited to visual compatibility standards relating to limitations
on height,width,mass,seale,materials,color,style,fomm,and square-footage.following
regulations:
(a)The maximum floor area ratio for a single family structure is 0.65.
(b)Properties not located within the North Beach/Seagate and Ocean Overlay Districts shall
provide the following:
l.A 5-foot step-back above the second story and/or at 26 feet of height,whichever is less,on
the rear,side street,and side interior building facades.
2.On building facades that exceed 25 feet in length above the first story facing side interior
and rear lot lines,at least one horizontal articulation at least 2 feet in depth for a combined
minimum of 20 percent of the length of building elevation(s).
(c)Properties located within the North Beach/Seagate and Ocean Overlay Districts shall comply
with 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 ORD.NO.08-24
(2)-(4)(These subsections shall remain in full force and effect as adopted.)
(G)-0)(These subsections shall remain in full force and effect as adopted.)
Section 4.Chapter 4,"Zoning Regulations,"Article 4.4,"Base Zoning District,"Section 4.4.5,
"Low Density Residential (LD)District,"of the Land Development Regulations of the City of Delray Beach,
is hereby amended to read as follows:
Sec.4.4.5.Low Density Residential (RL)District.
(A)-(E)(These subsections shall remain in full force and effect as adopted.)
(F)Development standards.The development standards in Section 4.3.4 shall apply,except as modified
below.
(1)The provisions development standards for the R-1-A District shall apply for 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.
(a)Duplex and multi-family development located east of the Intracoastal Waterway that is not
subject to subsection (3)below shall comply with the following regulations:
(i)The maximum floor area ratio is as follows:
Lot Size Maximum Floor Area Ratio (FAR)
UD to 30.000 sf 0.70
30,000 sf and above 0.75
(ii)A5-foot _step-back must be provided above the second story and/or at 26 feet of height,
whichever is less,on the rear,side street,and side interior elevations.
(iii)Building facades that exceed 25 feet in length above the first story facing side interior
and rear lot lines shall provide at least one horizontal articulation at least 2 feet in depth
for a combined minimum of 20 percent of the length of building elevation(s).
(3)In addition to the provisions of Section 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.l(I),
are subject to the provisions of Section 4.5.1.
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(G)-(D)(These subsections shall remain in full force and effect as adopted.)
Section 5.Chapter 4,"Zoning Regulations,"Article 4.4,"Base Zoning District,"Section 4.4.6,
"Medium Density Residential (RM)Districts,"of the Land Development Regulations of the City of Delray
Beach,is hereby amended to read as follows:
Sec.4.4.6.Medium Density Residential (RM)District.
(A)-(E)(These subsections shall remain in full force and effect as adopted.)
(F)Development standards.
(1)The R-I-A District regulations apply to single family detached dwellings.
(2)The development standards in Section 4.3.4 apply to duplex and multi-family development,except
as modified herein.
(3a)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 ·Duplex and multi-family development in the Southwest
Neighborhood Overlay District,Carver Estates Overlay District and the Infill Workforce
Housing Area that are developed pursuant to Article 4.7,"Family/Workforce Housing"shall
comply with the following regulations;-
(a)l.Setbacks.
(i)a.Front:15 feet
(ii)b,Side (Street):15 feet
fii-Be.Side (Interior):10 feet (One-and two-story),15 feet (third story and above)
(iv)d.Rear:Ten feet
(b)2.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.
(e)3.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 ORD.NO.08-24
(b)Duplex and multi-family development located east of the Intracoastal Waterway that is not
subject to subsection (3)below shall comply with the following regulations:
1.The maximum floor area ratio is dictated by lot size,as follows:
Lot Size Maximum Floor Area Ratio (FAR)
Up to 30 000 sf 0.70
30,000 sf and above 0.75
2.A5-foot _step-back must be provided above the second story and/or 26 feet of height,
whichever is less,on the rear,side street,and side interior elevations.
3.Building facades that exceed 25 feet in length above the first story facing side interior
and rear lot lines shall provide at least one horizontal articulation at least 2 feet in depth
for a combined minimum of 20 percent of the length of building elevation(s).
(43)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),are subject
to Section 4.5.1.
(G)-(I)(These subsections shall remain in full force and effect as adopted).
Section 6.Appendix A,"Definitions,"of the Land Development Regulations of the City of
Delray Beach,is hereby amended to include the following definitions:
HORIZONTAL ARTICULATION.Modulation of the scale of a building by stepping a portion of the
structure either outward or inward from the predominant facade plane.
STEP-BACK.The horizontal shifting of the building massing inward from the predominate plane of
the building facade.
Section 7.
repealed.
All ordinances or parts of ordinances in conflict herewith be and the same are hereby
Section8.Should any section or provision of this ordinance or any portion thereof,any
paragraph,sentence,or word be declared by a court of competent jurisdiction to be invalid,such decision
shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to
be invalid.
Section 9.Specific authority is hereby given to codify this Ordinance.
5 ORD.NO.08-24
Section 1 O.This Ordinance shall become effective immediately upon its passage on second and
final reading.
~ED AND ADOPTED in regular session on second@,2024.
2
ATTEST:#.k=Katerri Johnson,tyCÎerk
d final reading on hi 5 aay or
and legal sufficiency:
First Reading r 7
second Reading 3/6/2024r7
6 ORD.NO.08-24
CITY OF DELRAY BEACH
CITY ATTORNEY'S OFFICE
200 NW 1ST Avenue,Delray Beach,FL 33444
561-243-7090
LEGAL REVIEW FORM
This form is to be used solely for the legal review of documents not including procurement agreements.
Procurement Agreements are reviewed under a separate cover.This form shall only be completed by a member of
the City Attorney's Office.
Date of Review:02/01/2024
Document Name:Ordinance 08-24
Document Type:Ordinance amending the floor are ration and building articulation regulations for residential
properties in R-1,RL,and RM zoning districts for properties located east of the Intracoastal Waterway.
Submitted by:Rebekah Dasari
â– This document is approved as to form and legal sufficiency.
D This document is approved as to form and legal sufficiency;however,the undersigned made the
following change(s):
D This document is not approved as to form and legal sufficiency for the following reason(s):
Notes:
s/William M.Bennett,Esq.
Assistant City Attorney
Copy to:
_City Attorney's Office (with a copy of the approved document)
X Other:Rebekah Dasari