Ordinance No. 13-24ORDINANCE NO.13-24
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;PROVIDING CHAPTER 4,
"ZONING REGULATIONS,"ARTICLE 4.3,"DISTRICT
REGULATIONS,GENERAL PROVISIONS,"SECTION 4.3.4,"BASE
DISTRICT DEVELOPMENT STANDARDS,"SUBSECTION (H),
SETBACKS"BY AMENDING SUBSECTION (4),"STRUCTURES
ALLOWED IN SETBACKS,"TO AMEND THE TITLE AND MODIFY
THE BUILDING ELEMENTS AND SITE IMPROVEMENTS
PERMITTED WITHIN REQUIRED BUILDING SETBACKS;
AMENDING CHAPTER 4,"ZONING REGULATIONS,"ARTICLE 4.6,
"SUPPLEMENTAL DISTRICT REGULATIONS,"SECTION 4.6.15,
"SWIMMING POOL,WHIRLPOOLS,AND SPAS,"FOR
CONSISTENCY WITH EDITS TO SECTlON 4.3.4(H);AND
AMENDING APPENDIX A,"DEFINITIONS."TO ADOPT A
DEFINITION FOR BAY WINDOW;PROVIDING A CONFLICTS
CLAUSE,A SEVERABILITY CLAUSE,AUTHORITY TO CODIFY,
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 LOR from time to time;and
WHEREAS,LDR Section 4.3.4(H)."Setbacks"outlines the types of detached structures and
attached building features that are permitted in the required building setback area;and
WHEREAS,staff regularly reviews development applications with requests to place building
elements and site improvements within the building setback area;and
WHEREAS,the types of building elements and site improvements permitted in the building
setback areas should be clarified and updated to be responsive to current developmental models;and
WHEREAS,Resolution No.38-24 was approved by City Commission on January 16,2024,
adopting a zoning in progress pursuant to the pending ordinance doctrine and Florida law as applied to the
City's review of its zoning regulations related to balconies in setbacks;and
WHEREAS,during the zoning in progress period of 180 days,the City has and continues to defer
the acceptance and processing of development applications that propose to build balconies in setbacks;and
WHEREAS,the City Commission recognizes that it is appropriate and necessary to allow certain
building elements and reasonable site improvements to be located within building setbacks and outside the
building envelope area to promote the high quality of architecture and human scale design;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 May 20,2024,and voted 1.to l 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 has considered Ordinance No.13-24 and 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.
Section 2.
The recitations set forth above are incorporated herein.
The City Commission of the City of Delray Beach finds that Ordinance No.13-24 is
consistent with the Comprehensive Plan,meets the criteria set forth in the Land Development Regulations,
and is in the best interests of the City;and
Section 3.Chapter 4,"Zoning Regulations,"Article 4.3,"District Regulations,General
Provisions,"Section 4.3.4,"Base District Development Standards,"Subsection (H)"Setbacks",of the
Land Development Regulations of the City of Delray is hereby amended as follows:
(H)Setbacks
(I)General.Setbacks are measured at right angles to the lot line and represent the minimal
distance within which a structure may come to said lot line.Setbacks are established for front,
interior side,street side,and rear lot lines.Lot lines along rights-of-way are established,for
setback purposes,as being for the ultimate right-of-way as required for the minimum section
for the class of street or as otherwise required by the Traffic Network as contained in the
Transportation Element of the Comprehensive Plan.
(2)Large lot development.Where structures are established within a development which does
not have interior lot lines (apartment complex),building setbacks shall be measured from the
right-of-way or easement or other description provided for the interior street system and
distance between building requirements as set forth in Section 4.6.2.However,in any event
the setback requirements for the district shall be observed around the perimeter of the overall
development.
(3)Zero lot line development.
(a)A zero lot line development allows the placement of a structure coterminous to a side
property line provided the distance between the structure and the structure on the adjacent
lot is a minimum of 15 feet.A zero lot line cannot occur adjacent to property which is not
a part of a zero lot line development.
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ORD.NO.13-24
(b)All accessory buildings,structures,or uses attached or unattached to the principal
structure shall comply with the applicable setbacks for the zoning district in which the
development is located except that attached garages may be placed contiguous to the
side property line on which the principal structure is located.
(c)Roof eaves may project over the zero lot line up to a maximum of I 8 inches if adequate
gutters are provided to prevent runoff onto the contiguous property and if an appropriate
easement is recorded for roof encroachment.Eaves or other overhangs may not project
over utility easements.
(4)-Struetures allowed in setbacks.The following structures are allowed min requ ired setbacks
pursuant to stipulations contained herein.
(a)Barbecue pits,not to exceed six feet by six feet.
(b)Fenc es and walls purs uant to Section4.6.5.
(e)Fish or lily ponds.not to exceed a depth of 24 inches.
(d}Ho use eaves,not to exceed a three-fo ot overhang.
(e)}Lot line walls not to exc eed six fee t in height
(f)Planter walls,not to exceed three feet in height.
(g)Pump houses,not to exceed three feet in height.
(h)Rock gardens.
(i)Swimming pools in conformanee with provisions of Section 4,6.15.
(.i)Air conditioner units,transformers.
(k)Permanently installed generators,not to exceed a height of 4.5 feet,subject to the
prov isions of LDR Section 4.3.3(ZZ).
(I)Steps and platform s for the principal building but not to exceed three feet in height.
(m)Trellises which may extend to no more than five feet from the side of the principal
building or extend more tha n two feet from the front or rear of the pmrmneipal building.
(n)Boat slips.whether attached or deta ched.which shall not be bu ilt closer tha n ten feet
from any abutting property Hne,and which shall not oee upy more than 2+perce nt of the
total lot area.
(o)Canopies,marq uees,and covered walkw ays may extend within front and side setback
areas in commercial zone districts.
(p)Underground parking,wi th any portion of the structur e locate d abo ve grade subject to
the setback requirements.
(A)_Structures_alloyed in setbacks -Building_elements or _site improvements alloed in
setbacks.The building elements and site improvements identified in Table 4.3.4(A)are
allowed in building setbacks,subject to the limitations herein.These limitations apply to both
structural and decorative features.When in conflict with the Central Business District (CBD)
standards in Section 4.4.13,the CBD standards shall govern.
Table 4.3.4(A)
Building Elements or Site Improvements Allowed in Building Setbacks
Building Elements
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ORD.NO.13-24
Maximum Encroachment into the Setback (Feet}
Building Element LimitationsSideSideFrontStreetInteriorRear
Attached arbors and 3 3 3 3 --trellises
I Supporting brackets are
Awnings and covered 3 3 3 3 allowed;columns are not
allowed in the reguiredentriessetback.
Elements such as,but not
limited to,columns,privacy
3 3 walls,louvres,screens,and
Balconies --railings taller than 42 inches--
are not allowed in the
reguired setback.
I I Limited to 25%of width of
Bay windoys 3 3 --the associated interior
I
--
I
space/room,
I
Lintels,trim,comices,stucco
Decorative architectural 0.5 0.5 0.5 0.5 banding,molding,or similar
features detailing
----
Roof eaves 3 3 3 3 --
III Any portion of the structure
ºI ºººI
located above grade is
LU_nderground parking I
I
subject to setback
reguirements
I
Site_Improvements
I
I Minimum Setback from_Property_Line (Feet)
Site_improvements,_Limitationslessthan3feetinSideSideIFrontRearheightStreetInterior
Adjacent to structure,subject
to manufacturer
Air conditioning units,7
I
5 2 5 specifications_Requires
transformers screening if located within the
front or side street yards.
I
Barbecue pits or 5 s Uncovered,not to exceed 6--by 6feet
I
--Ioutdoorkitchens
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ORD .NO.13-24
10 0 No_more than_20_percent of
Boat slips --the total lot area--
Permanently installed See Section 43.31ZZ)Subject to Section 4.3.3(ZZ)
generators
Uncovered patio,5 5 5 5 -
walkways -
Steps or platforms o 0 3 6 Not to exceed 3 feet in height
leading to buildings
Open-air ramps leading 0 0 4 4 For the purpose of ADA
to buildings accessibility.
Splash pools,fish or lily 0 0 0 0 Maximum of 24 inches in
ponds depth
Planter walls 0 0 0 0 --
Pool pump houses are only
5 5 5 allowed a reduced setback
Pool pump houses -when associated with a-
variance reguest.
Permanently installed
sculptures and other 3 3 3 3 --
similar obiects of art
Swimming pools,See Section 4.6.15 Subject to Section 4.6.15residentialzoning
districts
Minimum Setback from_Property Line (Feet)
Site_improvements
greater than 3 feet in Side Side Limitations
Front RearheightStreetInterior
Subject to Section 4.6.5,
Fences,walls 0 o 0 0 including maximum height
limitations
Recreational 5 5 5 5 -
eauioment -
··_"indicates building element_or site improvement_is_not_allowed within the setback_
(5)Setbacks for screen porehes,Reduction_in_setbacks for screen enclosures,and accessory
structures in rear yards shall comply with the following requirement Setbacks may be
reduced for screen enclosures in rear yards in residential zoning districts under the following
conditions:
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ORD.NO.13-24
(a)In all residential zoning districts,the The minimum rear setback for attached screen
porches attached to residential type buildings on residential dwelling units shall be ten
feet whenever at least 50 feet of open space common open area,as defined in subsection
(c)below,separates that rear property line from the next rear property line directly across
andabutting the open space common open area.
(b)The accessory structure of a screen enclosure around sSwimming pools_screen_enclosures
and other accessory structures may have a zero rear yard setback whenever at least 50
feet of open space common open area_as defined in sSubsection (c)below separates the
rear property line from the property line directly across and abutting the open space
common open_area.However,this subsection does not constitute a change to provisions
of Section 4,3.4(H(4)(Structures Allowed in Setbacks)or Section 4.6.5 (Walls,Fences,
Hedges and the Eike)in the interpretation of height restrictions.Any accessory structure
which hasa solid roof shall not be allowed a height greater than that allowed by the
above sections.
(c)For the purpose of thissSubsection (ó),open space common open area shall mean any
exterior open area clear from the ground upward,except as noted below,such as canals,
lakes,golf courses,parks,sidewalks,streets,parking areas,and bicycle paths,and the
Hike.If an area of open space a common open area,such as a golf course,includes
buildings or structures utilized in connection therewith,the reduced setback provision
contained above shall still apply if there is a minimum of 50 feet between such buildings
and structures,and the property line on which the subject screen porch is to be located.
(d)In order to qualify for the reduced setback provision,the The open space common
open area must either consist of common open space that is owned or leased by the
owners of residential units within the subdivision-of which that open space is a part,or be
dedicated to the public,or restricted to such open space use by covenants,declarations,
easements,or deed restrictions in order to provide a reasonable degree of assurance of
that guarantee the continuity of the common open area space status of the property.
(de)In zero lot line developmentsonly,screened enclosures may extend into the interior side
setback areas,but-shall not be placed no_less than five feet from the property line.
(e))Any conflicts between this subsection (5)and the regulations as set forth in
individual residential zoning districts shall be governed by the provisions-of this
subsection.ln the case of a conflict between this subsection and the regulations in an
individual residential zoning district,this subsection shall take precedent.
(6)Special setbacks.Three types of special setbacks are established in order to provide for
preservation of area for expansion of roadways and/or streetscape beautification.These are:
special building setbacks,special landscape setbacks,and a combination thereof.
(a)Special building setbacks.Within the following special building setbacks,no structures
shall be altered,erected,or reconstructed:
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ORD.NO.13-24
*
*
*
*
*
(b)
Along Ocean Boulevard (State Road A 1 A),a twenty-foot setback shall be provided
from the "Brockway Line,"as shown in Plat Book 20,Page 4,Public Records of Palm
Beach County,Florida.The "Brockway Line"shall be the "building line"for Lots I
thru 7 inclusive,Block I,Ocean Park,as shown in Plat Book 5,Page 15,Public
Records of Palm Beach County,Florida.
Reserved.
Within the residential district along the west side of S.W.8th Avenue,between West
Atlantic Avenue and S.W.Ist Street,a 50-foot setback shall be provided from the east
property line.
Along Lake Ida Road extending from Swinton A venue westward to Military Trail,a
64-foot setback shall be provided on both sides of the centerline.
Along George Bush Boulevard,between Swinton Avenue and A-I-A,a 50-foot setback
shall be provided on both sides of the centerline.
Special landscape setbacks.Within the following special landscape setbacks,no
structures shall be altered,erected,or reconstructed;nor shall any paving be allowed
except for driveways and sidewalks which lead to structures on,or provide access to,the
site and then only when generally perpendicular to the frontage.However,waivers may
be granted to these restrictions at the time of site plan review in order to accommodate
landscape features,decorative walls,meandering sidewalks,and other decorative
pedestrian ways.
I.Along Federal Highway (U.S.Highway 1),including the one way pairs (5"and 6"
Avenues),extending from the south City limits to S.E.101"Street,special landscape
areas shall be provided as shown below on both sides of the ultimate right-of-way:
LOT DEPTH SINGLE FRONT AGE DOUBLE FRONTAGE*
Up to 200'10'10'
201 to 250'15'10'
251 to 300'20'15'
Over 300'25'20'
*Includes frontage on both Federal Highway and Dixie Highway
2.Along Federal Highway (U.S.Highway l),including the one-way pairs (5"and 6"
Avenues),extending from SE.IO""Street to the north City limits,but excluding the
blocks between S.E.I si Street and N.E.I si Street,a ten-foot special landscape area
shall be provided on both side of the ultimate right-of-way.
The special landscape area shall not be required between the front building edge and the
ultimate right-of-way where storefronts face the roadway and no parking or vehicular
circulation areas are provided between the building and the right-of-way.However,
the body acting upon the development application may require that foundation
plantings,street trees or other landscape features be installed in front of the building
to add interest and provide relief from the building mass.
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ORD.NO.13-24
3.Along West Atlantic Avenue,From 1-95 to the Western City Limits,a special
landscape area shall be provided on both sides of the ultimate right-of-way.
This landscape area shall be the smaller distance of either 30 feet or ten percent of
the average depth of the property;however,in no case shall the landscape area be
less than ten feet.
4.Along Linton Boulevard,from A-1-A to the western City limits,a special landscape
area shall be provided.This landscape area shall be the smaller distance of either 30
feet or ten percent of the average depth of the property;however,in no case shall the
landscape area be less than ten feet.
5.Along Congress Avenue,from the L-38 Canal northward to the L-30 Canal,a special
landscape area shall be provided.This landscape area shall be the smaller distance of
either 30 feet or ten percent of the average depth of the property;however,in no case
shall the landscape area be less than ten feet.
6.Along Military Trail,from the L-38 Canal northward to the L-30 Canal,a special
landscape area shall be provided.This landscape area shall be the smaller distance of
either 30 feet or ten percent of the average depth of the property;however,in no case
shall the landscape area be less than ten feet.
(c)Combination building and landscape setbacks.Within the following special setbacks,no
structures shall be altered,erected,or reconstructed.Further,within the first ten feet
thereof there shall be no paving except for driveways and sidewalks which lead to
structures on,or provide access to,the site and then only when generally perpendicular to
the frontage.
*Along South 10th Street and Lowson Boulevard,extending from S.E.5th Avenue to
Military Trail,a 30-foot special combination setback shall be provided.
(7)Reduction along cul-de-sacs:When at least 50 percent of the frontage of a lot is located on a
cul-de-sacs,the front building setback may be reduced by five feet.
Section 4.Chapter 4,"Zoning Regulations,"Article 4.6,"Supplemental District Regulations,"
Section 4.6.15,"Swimming Pool,Whirlpools,and Spas,"of the Land Development Regulations of the
City of Delray Beach,Florida,be and the same is hereby amended to read as follows:
Sec.4.6.15.-Swimming pools,whirlpools,and spas.
(G)Yard encroachment.Swimming pools at grade level are allowed to encroach into the required
setbacks as follows.
(1)omyentional _single-family_lots.
(a)Swimming pools.the tops of which are no higher than grade level may extend into the
rear,interior or street side setback areas but no closer than ten feet to any property line,
except as provided in subsection (1)and (4)below.Swimming pools shall not extend
into the front setback area noted in required by Section 4.3.4(K).
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ORD.NO.13-24
(b)(2)When adjacent to at least 50 feet of open space common open area,as defined
in Section 4.3.4(H)(5)(c)and (d),swimming pools at grade level may extend into the
rear or interior side setback area_butto-no closer than five feet to the property line.
[c)-3)Although swimming pools may extend into side and rear setbaek areas,a _screened
or other pool enclosure shall not be permitted to encroach into sueh side and rear
setback areas except as provided allowed in Section 4.3.4(H)(5)(b)and (e).
(2)(4)Zero lot_line developments.
(a)he n located in a zero lot line_development swimming pools at grade level -may
extend into the interior side setback but no closer than no closer than five feet from the
property line.
(b)A swimming pool may also extend no closer than five feet from the rear property line-in
ae ro lot line developm ent ,except along the perimeter of the development where a_[0
foot_setback is required,unless the rea r setb aels noted in Section (G)I shall apply,
except w hen adjacent to at least 50 fe et of open space com m on open area as pro vided in
subsection (G )(2)defi ned in Sectio n 4.3 .4 (H)(5).
(3)Townhouse developments.Sw im m ing poo ls in tow nhouse developm ents m ay have a five
fo ot side interior setback.
(A)(5)Sw im m ing pools are pro hib ited in dedicated easem ents unless w ritten appro val of the
easem ent holder is obtained and a hold harm less agreem ent is executed.
Section 5.A ppend ix A ,"D efinitions,"of the Land D evelopm ent R egulations of the C ity of
D elra y B each,Fl orida,be and the sam e is hereby am ended to read as fo ll ow s:
B A Y W IN D O W .An angular or curv ed cantilevered fe atu re that pro jects ou tw ard fr om an
exterior w all predom inantly com prised of fe nestra ti on .
Section 6.
hereby repealed.
A ll ordinances or part s of ordinances mn confli ct herew ith be and the sam e are
Section 7 .Sh ould any section or provision of th is O rdinance,or any port ion thereof,any
paragra ph,sentence,or w ord,be declared by a court of com petent juri sdiction to be invalid,such decision
shall not affect the vali d ity of the rem ainder hereof as a w hole or part thereof other than the part decl ared
to be invali d.
Section 8.
Section 9.
final readin g.
Specifi c authority is hereby given to codify this O rdinance.
T his ordinance shall becom e effective im m ediately upon its passage on second and
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O RD .N O .13-24
~D AND ADOPTED in regular session on second and final reading on this the c¡W---day of
_vv,___,,_,._,..-----'--'~,2024.
2tis-à-
Thomas F.Camey,Jr.,Mayor
First Reading/€/20a47-7
second Rea@dig7/1/a024
I 7
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ORD.NO.13-24