77-94 ORDINANCE NO. 77-94
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING CHAPTER FOUR, "ZONING
REGULATIONS" OF THE LAND DEVELOPMENT REGULATIONS OF
THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING
SECTION 4.4.3, "SINGLE FAMILY RESIDENTIAL (R-I)
DISTRICTS", SECTION 4.4.5, "LOW DENSITY RESIDENTIAL
(RL) DISTRICT", SECTION 4.4.6, "MEDIUM DENSITY
RESIDENTIAL (RM) DISTRICT", AND SECTION 4.4.7,
"PLANNED RESIDENTIAL DEVELOPMENT (PRD) DISTRICT", BY
ENACTING HEIGHT AND SIZE LIMITATIONS FOR ACCESSORY
STRUCTURES; AMENDING SECTION 4.4.5, "LOW DENSITY
RESIDENTIAL (RL) DISTRICT", AND SECTION 4.4.6,
"MEDIUM DENSITY RESIDENTIAL (RM) DISTRICT", BY
DELETING GUEST COTTAGES AS PERMITTED ACCESSORY USES;
PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE,
AND AN EFFECTIVE DATE.
WHEREAS, pursuant to LDR Section 1.1.6, the Planning and
Zoning Board reviewed the subject matter at its meeting of June 20,
1994, and has forwarded the change with a recommendation of approval
by a vote of 5 to 1; and
WHEREAS, pursuant to Florida Statute 163.3174(4)(c), the
Planning and Zoning Board, sitting as the Local Planning Agency, has
determined that the change is consistent with, and furthers the
objectives and policies of, the Comprehensive Plan.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
~ That Chapter Four, "Zoning Regulations", Article
4.4, "Base Zoning District", Section 4.4.3, "Single Family Residential
(R-l) Districts, of the Land Development Regulations of the City of
Delray Beach, Florida, be, and the same is hereby amended by adding
subsection 4.4.3(H), "Special Regulations", to read as follows:
Special Regulations:
¢1) The height of accessory structures sh~ll ~Qt
exceed th~ height of the associated principal structure. Screen
enclosures without a solid roof are excluded from this limit.
(2) The floor area of an accessory structure shall not
exceed forty percent ¢40%) of the floor area of the principal
~ That Chapter Four, "Zoning Regulations", Article
4.4, "Base Zoning District", Section 4.4.5, "Low Density Residential
(RL) District", Subsection 4.4.5(C), "Accessory Uses and Structures
Permitted", of the Land Development Regulations of the City of Delray
Beach, Florida, be, and the same is hereby amended to read as follows:
(C) Accessory Uses and Structures Permitted: The following
uses are allowed when a part of, or accessory to, the principal use:
(1) Uses and structures normally associated with
residences such as: bird aviaries, boat docks, dog houses and dog
runs, garages, greenhouses, ~ /¢~~j /playhouses, pool houses
and covers, pump houses, slat houses, storage sheds, tennis courts,
workshops, and home occupations.
(2) Family Day Care pursuant to restrictions set forth
in Section 4.3.3(T) (Child care, up to five children)
(3) Home Occupations
(4) Recreational facilities attendant to a subdivision
which are operated under a bonafide homeowners association such as:
tennis courts, swimming pools, exercise area, clubhouse, and private
golf courses.
(5) The rental or lease of a boat dock when the dock
is assigned to, or on the same lot as, each residential use on a
one-to-one basis.
(6) Guest cottages, only when accessory to a singl~
family detached ~tructure.
~ That Chapter Four, "Zoning Regulations", Article
4.4, "Base Zoning District", Section 4.4.5, "Low Density Residential
(RL) District", Subsection 4.4.5(H), "Special Regulations", of the
Land Development Regulations of the City of Delray Beach, Florida, be,
and the same is hereby amended by adding the following:
(3) The height of accessory structures shall
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
exceed forty percent (40%) of the floor area of the principal
- 2 - Ord. No. 77-94
Section 4. That Chapter Four, "Zoning Regulations", Article
4.4, "Base Zoning District", Section 4.4.6, "Medium Density
Residential (RM) District", Subsection 4.4.6(C), "Accessory Uses and
Structures Permitted", of the Land Development Regulations of the City
of Delray Beach, Florida, be, and the same is hereby amended to read
as follows:
(C) Accessory Uses an~ Structures Per~itte~: The following
uses are allowed when a part of, or accessory to, the principal use:
(1) Uses and structures normally associated with
residences such as: bird aviaries, boat docks, dog houses and dog
runs, garages, greenhouses, ~¢9~/¢~~9] /playhouses, pool houses
and covers, pump houses, slat houses, storage sheds, tennis courts,
workshops, swimming pools, and home occupations.
(2) Family Day Care pursuant to restrictions set forth
in Section 4.3.3(T) (Child care, up to five children)
(3) Recreational facilities attendant to a subdivision
which is operated under a bonafide homeowners association such as:
tennis courts, swimming pools, exercise area, clubhouse, and private
golf courses.
(4) The rental or lease of a boat dock when the dock
is assigned to, or on the same lot as, each residential use on a
one-to-one basis.
(5) Guest cottages, only when accessory to a singl~
family detached structure.
~ That Chapter Four, "Zoning Regulations", Article
4.4, "Base Zoning District", Section 4.4.6, "Medium Density
Residential (PM) District", Subsection 4.4.6(H), "Special
Regulations", of the Land Development Regulations of the City of
Delray Beach, Florida, be, and the same is hereby amended by adding
the following:
(4) 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.
(5) The floor area of an accessory structure shall not
exceed forty percent (40%) of the floor area of the princigal
- 3 - Ord. No. 77-94
~ That Chapter Four, "Zoning Regulations", Article
4.4, "Base Zoning District", Section 4.4.7, "Planned Residential
Development (PRD) District", Subsection 4.4.7(H), "Special
Regulations", of the Land Development Regulations of the City of
Delray Beach, Florida, be, and the same is hereby amended by adding
the following:
(3) The h~gh~ 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 forty p~r¢~n~ (40%) of the floor area of the principal
~ That all ordinances or parts of ordinances in
conflict herewith be, and the same are hereby repealed.
Section 9. That 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.
~_9_~J~LQ~_~ That this ordinance shall become effective
immediately upon passage on second and final reading.
PASSED AND ADOPTED in regular session on second and final
reading on this the 18th day of October , 1994.
ATTEST:
~City Cl~rk
First Reading September 27, 1994
Second Re~ding October 18, 1994
- 4 - Ord. No. ?7-94
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: .~CITY MANAGER
SUBJECT: AGENDA ITEM #/~ - MEETING OF OCTOBER 18. 1994
SECOND READING/PUBLIC HEARING FOR ORDINANCE NO. 77-94
DATE: OCTOBER 12, i994
This is second reading and public hearing for Ordinance No. 77-94
which amends various sections of the Land Development Regulations
by adding height and size limitations for accessory structures in
residential zoning districts. It also deletes "guest cottages" as
a permitted use in multiple family zoning districts. Please refer
to the staff documentation for an analysis of the proposed
amendment.
The Planning and Zoning Board considered this amendment on several
occasions. On June 20, 1994, the Board voted 5 to 1 (Golder
dissenting) to recommend that the amendment be approved. At first
reading on September 27, 1994, the Commission passed the ordinance
by unanimous vote.
Recommend approval of Ordinance No. 77-94 on second and final
reading.
ref:agmemo20
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ~
SUBJECT: A~ENDA ITEM ~ /~' - MEETING OF SEPTEMBER 27. 1994
FIRST READING FOR ORDINANCE NO. 77-94
DATE: SEPTEMBER 22, 1994
This is first reading for Ordinance No. 77-94 which amends various
sections of the Land Development Regulations by adding height and
size limitations for accessory structures in residential zoning
districts. It also deletes "guest cottages" as a permitted use in
multiple family zoning districts. Please refer to the staff
documentation for an analysis of the proposed amendment.
The Planning and Zoning Board considered this amendment on several
occasions. On June 20, 1994, the Board voted 5 to 1 (Golder
dissenting) to recommend that the amendment be approved.
Recommend approval of Ordinance No. 77-94 on first reading. If
passed, a public hearing will be held on October 18, 1994.
ref:agmemo20
NOTICE OF CONDITIONAL AND ACCESSORY USE CHANGES
AND AMENDMENTS TO SUPPLEMENTAL DISTRICT REGULATIONS
OF THE LAND DEVELOPMENT REGULATIONS
OF THE CITY OF DELRAY BEACH, FLORIDA
The City of Delray Beach proposes to change the conditional and
accessory uses and certain supplemental district regulations for
land within the area shown in the map in this advertisement. The
proposed changes to the Land Development Regulations are more
specifically, but not limited to, the following:
(1) Amending Section 4.4.3, Single Family Residential (R-l)
Districts, Section 4.4.5, Low Density Residential (RL)
District, Section 4.4.6, Medium Density Residential (RM)
District, and Section 4.4.7, Planned Residential Development
(PRD) District, by adding height and size limits for accesssory
structures in residential zoning districts;
(2) Amending Section 4.1.4, Use of Lots of Record, of the Land
Development Regulations, to provide certain restrictions on the
use of non-conforming lots of record;
(3) Amending Section 4.4.19, Mixed Industrial and Commercial (MIC)
District, Subsection (H), Special Regulations", to require all
principal and conditional uses to be conducted within an
enclosed building, except for outside storage otherwise
approved;
(4) Amending Section 4.4.3, Single Family Residential (R-I)
Districts, Section 4.4.5, Low Density Residential (RL)
District, and Section 4.4.6, Medium Density Residential (RM)
District, to allow educational facilities as a conditional use
and home tutorial services (up to 5 students) as an accessory
use within these zoning districts.
(INSERT MAP HERE)
The City Commission will conduct two (2) Public Hearings for the
purpose of accepting public testimony regarding the proposed use
changes. The first Public Hearing will be held on ~
SEPTEMBER 27. 1994. AT 7:00 P,M, (or at any continuation of such
meeting which is set by the Commission), in the Commission Chambers
at City Hall, 100 N.W. 1st Avenue, Delray Beach, Florida. If passed
on First Reading, the second Public Hearing will be held on ~
OCTOBER 18. 1994. AT 7:00 P.M. (or at any continuation of such
meeting which is set by the Commission).
Ail interested citizens are invited to attend the public hearings
and comment upon the proposed use changes or submit their comments
in writing on or before the date of these hearings to the Planning
and Zoning Department. For further information or to obtain copies
of the proposed amendments to the Land Development Regulations,
please contact the Planning and Zoning Department, City Hall, 100
N.W. 1st Avenue, Delray Beach, Florida 33444 (Phone 407/243-7040),
between the hours of 8:00 a.m. and 5:00 p.m., Monday through Friday,
excluding holidays.
PLEASE BE ADVISED THAT IF A PERSON DECIDES TO APPEAL ANY DECISION
MADE BY THE CITY COMMISSION WITH RESPECT TO ANY MATTER CONSIDERED AT
THESE HEARINGS, SUCH PERSON MAY NEED TO ENSURE THAT A VERBATIM
RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE
TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. THE
CITY DOES NOT PROVIDE NOR PREPARE SUCH RECORD. PURSUANT TO F.S.
286.0105.
PUBLISH: Delray Beach News CITY OF DELRAY BEACH
September 19, 1994 Alison MacGregor Harty
October 12, 1994 City Clerk
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Instructions to NgwsDaper; This ad is not to be placed in the legal
ads/classified section of the newspaper. The ad must be at least a
one-quarter (1/4) page ad, and the entire headline must be an 18
~L~ headline. Thank you.
L-30 CANAL
_1
LAKE IDA ROAD
~ LOWSON BOULEVARD
LINTON BLVD.
· i
_J ·
L-38 CANAL C- 15 CANAL
--'-- CITY OF DE'LRAY BEACH MUNICIPAL LIMITS
CITY COMMISSION DOCUMENTATION
DIRECTOR OF PLANNING &'ZONING 3>
SUBJECT: MEETING OF SEPTEMBER 27, 1994
LDR AMENDMENT PROVIDING LIMITATIONS ON THE SIZE
OF ACCESSORY STRUCTURES IN RESIDENTIAL ZONING
DISTRICTS
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of
approval of an amendment to various sections of the LDRs,
adding height and size limitations for accessory structures
in residential zoning districts; and deleting "guest
cottage" as a permitted use in multi-family zoning
districts.
The specific LDR sections that are to be amended are as
follows: 4.4.3(H) Single Family Residential (R-l)
District, 4.4.5(C) and (H) Low Density Residential (RL)
District, 4.4.6(C) and (H) Medium Density Residential (RM)
District, and 4.4.7(H) Planned Residential Development
(PRD) District.
BACKGROUND:
This amendment was initiated in response to concerns that were
raised following the construction of a 35' tall tower structure
as accessory to a 15' high single family home in the Lake Ida
neighborhood. Current LDR requirements provide no limitations
on the size and height of accessory structures. It was felt
that it would be appropriate to adopt some regulations on the
size of accessory structures located in residential
neighborhoods.
The second aspect of the amendment, regarding guest cottages in
multi-family zone districts, was identified by staff as an item
that had caused some problems in the past. Changes to those
regulations were included in this amendment as well. Additional
background information is included in the attached Planning and
Zoning Board staff report.
City Commission Documentation
LDR Amendment Providing Limitations on the Size of
Accessory Structures in Residential Zoning Districts
Page 2
PROPOSED LDR AMENDMENT
The proposed language would limit the height of accessory
structures in the R-l, RL, RM, and PRD zoning districts to the
height of the principal building, and would limit the
structures' square footage to no more than 40% of the floor area
of the main building. These limitations will provide some
relationship between the sizes of the principal and accessory
structures, and will help to ensure that the scale of accessory
structures is appropriate.
Regarding guest cottages, the amendment is intended to prevent
the construction of guest cottages as an accessory use to
multi-family structures, which could easily lead to their use as
additional rental units.
PLANNING AND ZONING BOARD CONSIDERATION:
The Planning and Zoning Board first reviewed this item at its
meeting of May 16, 1994. During the discussion at the May
meeting, several Board members expressed concerns over the
proposed size limitations. They felt that the tower was an
isolated situation, and that amending the code was an
over-reaction. During the public hearing, the president of the
Lake Ida Homeowners Association spoke in favor of having some
means of regulating these types of structures. The Board voted
to continue the item in order to allow for consideration of
alternative ideas.
The proposed amendment was discussed further at the Planning and
Zoning Board workshop meeting of June 13, 1994, with no
consensus on revised language. At the meeting of June 20, 1994,
the Board voted 5-1 (Golder dissenting) to recommend that the
amendment be approved as written.
RECOMMEND ED ACTION:
By motion, approve the ordinance adopting amendments to Sections
4.4.3(H); 4.4.5(C) and (H); 4.4.6(C) and (H); and 4.4.7(H), as
provided in the attached Planning and Zoning Board Memorandum
Staff Report of May 16, 1994.
Attachment:
* P&Z Staff Report & Documentation of May 16, 1994
PLANNING AND ZONING BOARD MEMORANDUM STAFF REPORT
MEETING OF: MAY 16, 1994
AGENDA ITEM: III.D. LDR AMENDMENT TO SECTIONS 4.4.3(H),
4.4.5(H), 4.4.5(C), 4.4.6(C), 4.4.6(H),
4.4.7(C), and 4.4.7(H) MODIFYING REQUIREMENTS
FOR ACCESSORY STRUCTURES.
ITEM BEFORE THE BOARD:
The action requested of the Board is making a recommendation on
proposed text amendments to the following Sections of the LDRs:
4.4.3(H), 4.4.5(C) and (H), 4.4.6(C) and (H), and 4.4.7(C) and
(H), adding height and size limits for accessory structures in
residential zoning districts and deleting guest cottages as
permitted accessory uses in multiple family zoning districts.
BACKGROUND:
Per current LDR requirements, accessory structures in residential
zoning districts can be built to a maximum of 35 feet in height,
with no size limit. Pursuant to these requirements a resident
applied for and received building permits for the construction of a
35' tall, 356 square foot tower as an accessory structure for an
approximately 15' tall, 2,660 square foot house. The tower is
approaching completion. The structure is to contain a pool house
and workshop, both of which are permitted accessory uses in single
family districts.
The construction of the tower raised concerns regarding the
compatibility of this or similar structures with adjacent
properties. Residents of the Lake Ida neighborhood have asked the
City to consider possible restrictions to the size and height of
accessory structures to ensure compatibility. In response to those
concerns, the City Commission and City Manager have directed
planning staff and the Board to review the possibility of LDR
restrictions for accessory structures.
In response to that direction, planning staff surveyed nearby
communities about their methods for regulating accessory structures.
Based on a review of various methods used by other municipalities,
there are several types of regulation which can be used to address
accessory structures:
1. Status quo - Adopt no regulations specifically addressing
accessory structures. Accessory structures are only
required to meet the same district requirements as
principal structures.
2. Make existing regulations stricter - Do not adopt specific
regulations for accessory structures, but reduce the
height limit and/or increase setbacks.
P & Z Memorandum Staff Report
LDR Text Amendment - Accessory Structures
Page 2
3. Accessory Structure Regulations - Adopt specific limits
restricting the height and/or size of accessory
structures, e.g. a 15' height limit, a maximum floor area
of 700 square feet, or similar restrictions.
4. Tie Accessory Structures to Principal Structures - Adopt
regulations restricting accessory structures to the height
and/or a percentage of the floor area of the associated
principal structure.
PROPOSED TEXT AMENDMENT:
As the intent of the proposed text amendment is to insure the
compatibility of accessory structures with the surrounding area, the
most appropriate method of regulation is to restrict accessory
structures by relating them to the principal structure. The
proposed regulation would limit the height of accessory structures
to the height of the existing structure. Additionally, accessory
structures would be limited to a maximum of 40% of the floor area of
the main structure. Screen enclosures may be excluded from this
regulation, as they will often exceed the height of the main
structure without visually impacting adjacent properties.
These regulations would help to ensure that accessory structures
will be in scale with the principal structure, and that the
compatibility of accessory structures with the neighborhood will be
maintained.
During the review of these text amendments, staff discovered a
related code provision for which a text amendment would be
appropriate. This provision deals with guest cottages.
A guest cottage is most appropriate as an accessory structure to a
single family residence. However, guest cottages are also permitted
accessory structures in multi-family districts. In the past, this
requirement has permitted the addition of guest cottages to
multi-family structures which are not accessory to any one
particUlar unit. These cottages can in effect be used as additional
rental units. For that reason guest cottages should be deleted
from the multiple family zoning districts, except where accessory to
a single family residence.
RECOMMENDED ACTION:
Recommend approval of a text amendments to the following LDR
Sections as follows:
Section 4.4.3 Single Family Residential (R-l) Districts:
(H) Special Re~ulations~
P & Z Memorandum Staff Report
LDR Text Amendment - Accessory Structures
Page 3
(1) The heiqht of accessory structures shall not exceed the
height of the associated principal structure. Screen enclosures
without a solid roof are excluded from this limit.
(2) The floor area of an accessory structure shall not exceed
40% of the floor area of the principal structure.
4.4.5 Low Density Residential (RL) District:
(C) Accessory Uses and Structures Permitted:
(1) Uses and structures normally associated with residences
such as: bird aviaries, boat docks, dog houses and dog runs,
garages, greenhouses, ~Z ~ZZ~playhouses, pool houses and
covers, pump houses, slat houses, storage sheds, tennis courts,
workshops, and home occupations.
(6) Guest cottages~ only when accessory to a single family
detached structure.
(H) Special Regulations:
(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% of the floor area of the principal structure.
4.4.6 Medium Density Residential (RM) District:
(C) Accessory Uses and Structures Permitted:
(1) Uses and structures normally associated with residences
such as: bird aviaries, boat docks, dog houses and dog runs,
garages, greenhouses, ~Z ~ZZ~playhouses, pool houses and
covers, pump houses, slat houses, storage sheds, tennis courts,
workshops, swimming pools, and home occupations.
(5) Guest cottages~ only when accessory to a sinqle family
detached structure.
(H) Special Regulations~
(4) 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.
P & Z Memorandum Staff Report
LDR Text Amendment - Accessory Structures
Page 4
(5) The floor area of an accessory structure shall not exceed
40% of the floor area of the principal structure.
4.4.7 Planned Residential Development (PRD) Districts
(H) Special Regulations:
(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% of the floor area of the principal structure.
Prepared by: Jeff Perkins~ Assistant Planner
Reviewed by DD on: