79-94 ORDINANCE NO. 79-94
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-l)
DISTRICTS", SECTION 4.4.5, "LOW DENSITY RESIDENTIAL
(RL) DISTRICT", AND SECTION 4.4.6, "MEDIUM DENSITY
RESIDENTIAL (RM) DISTRICT", TO PROVIDE FOR
EDUCATIONAL FACILITIES AS A CONDITIONAL USE AND HOME
TUTORIAL SERVICES AS AN ACCESSORY USE WITHIN THE
DISTRICTS; AMENDING SECTION 4.3.3, "SPECIAL
REQUIREMENTS FOR SPECIFIC USES", BY ENACTING
SUBSECTION (HH) TO PROVIDE SPECIAL REQUIREMENTS FOR
EDUCATIONAL FACILITIES, AND SUBSECTION (KK) TO
PROVIDE SPECIAL REQUIREMENTS FOR HOME TUTORIAL
SERVICES; 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 September
19, 1994, and has forwarded the change with a recommendation of
approval by unanimous vote; 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", Subsection 4.4.3(C), "Accessory Uses and Structures
Permitted", and Subsection 4.4.3(D), "Conditional Uses and Structures
Allowed", of the Land Development Regulations of the City of Delray
Beach, Florida, be, and the same are 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, guest cottages, playhouses, pool houses
and covers, pump houses, slat houses, storage sheds, tennis courts,
swimming pools, and workshops.
(2) Home occupations but only within the R-l-A,
R-l-AA, and R-1-AAB Districts.
(3) Family Day Care pursuant to restrictions set forth
in Section 4.3.3(T) (Child care, up to five children)
f4) Home Tutorial Services. subject to the
restrictions set forth in Section 4.3.3(KK)
(~) Recreational facilities attendant to a subdivision
which is operated under a bonafide homeowners association such as:
tennis courts, swimming pools, exercise area, clubhouse, and golf
courses.
(~i) 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.
(D) Conditional Uses and Structures Allowed: The following
uses are allowed as conditional uses within the Single Family
Districts.
(1) Child Care and Adult Day Care
(2) 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 C.F., as appropriate.
(3~ Educational Facilities. subject to the
restrictions set forth in Section 4.3.3(HH)
(~A) The use of common recreational facilities such as
swimming pools and tennis courts, associated with a subdivision, for
club or commercial purposes.
(~) Single Family Detached Residences in zero lot
developments but only in the R-1-A and R-l-AA Districts.
(~) Level I Group Homes.
- 2 - Ord. No. 79-94
~ 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", and Subsection 4.4.5(D), "Conditional Uses and Structures
Allowed", of the Land Development Regulations of the City of Delray
Beach, Florida, be, and the same are hereby amended to read as
follows:
(C) Accessory Uses and 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, guest cottages, 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 Tutorial Services. subdect ~o the
restrictions set forth in Section 4.3.~(~K)
(~A) Home Occupations
(~) 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.
(~i) 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.
(D) Conditional Uses and Structures Allowed: The following
uses are allowed as conditional uses within the RL District.
(1) Child Care and Adult Day Care
(2) Churches, or places of worship, and their
attendant educational, nursery, Sunday school, recreational, and
columbari~m 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 C.F., as appropriate.
- 3 - Ord. No. 79-94
(3) Educational Facilities. subject to the
r~strictions set forth in Section 4.3.3(HH)
(FA) The use of common recreational facilities such as
swimming pools, tennis courts, and golf courses (associated with a
subdivision) for club or commercial purposes.
(6~) Single Family Detached Residences in zero lot
developments.
(~) Group Homes, Level II
~_gSJ~D~_~_~ 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", and Subsection 4.4.6(D), "Conditional Uses and
Structures Allowed", of the Land Development Regulations of the City
of Delray Beach, Florida, be, and the same are 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, guest cottages, 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) Home Tutorial Services. subject to the
restrictions set forth in Section 4.3.3(KK)
(FA) 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.
(~) 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.
- 4 - Ord. No. 79-94
(D) Conditional Uses and Structures Allowed: The following
uses are allowed as conditional uses within the RM District.
(1) Adult Congregate Living Facilities and Continuing
Care Facilities
(2) Alcohol and Drug Abuse Treatment Facilities
(3) Child Care and Adult Day Care
(4) Educational Facilities. subject to the
restrictions set forth in Section 4.3.3(HH)
(~) 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.
(~) Convalescent Homes, Homes for the Aged, Nursing
Homes, and Rest Homes
(~1) The use of common recreational facilities such as
swimming pools, tennis courts, and golf courses (associated with a
subdivision) for club or commercial purposes.
(7~) Single Family Detached Residences in zero lot
developments
(~) Group Homes, Level III
(10) f~ Yacht Club with facilities
(l~l) Dock master facilities when associated with a
multi-family development which has a marina
~ That Chapter Four, "Zoning Regulations", Article
4.3, "District Regulations, General Provisions", Section 4.3.3,
"Special Requirements for Specific Uses", of the Land Development
RegulatioDs of the City of Delray Beach, Florida, be, and the same is
hereby amended by enacting a new Subsection 4.3.3(HH), "Educational
Facilities", to read as follows:
- 5 - Ord. No. 79-94
(HH! Educational Facilities: For the purpose of this
section, educational facilities shall be of a limited nature servina
children ages 2-18. Examples of such programs may include those which
me~ special education needs, or programs that are directed toward
providing.intensive instruction to a limited number of students: but
does not include vocational or training schools which may be located
in various commercial or Community Facilities districts.
(1) Lot Area: The minimum lot area shall be 7,500
square feet.
(21 Floor Area: Facilities shall contain a minimum
floor area of 35 square feet per child, exclusive of space devoted ~Q
bathrooms, halls, kitchen, offices, and storage.
~3) Loading Area: A pickup and drop-off area for
children shall be provided in a convenient area adjacent to th9
building and shall provide clear ingress and egress to ~h~ building,
(41 Outdoor Area: There shall be a minimum area of 72
square feet of outdoor play area per student. The play area shall be
located on the same lot as the princiDal use and shall not be locatea
in the front yard setback. The play area shall be surrounded by a six
foot fence,
(5) Other Regulations: Ail Educational Facilities
shall comply with the American Disability Act (ADA). Standard Buildin~
Code. Fire Codes. and any other regulations as may be required.
Section 5. That Chapter Four, "Zoning Regulations", Article
4.3, "District Regulations, General Provisions", Section 4.3.3,
"Special Requirements for Specific Uses", of the Land Development
Regulations of the City of Delray Beach, Florida, be, and the same is
hereby amended by enacting a new Subsection 4.3.3(KK), "Home Tutorial
Services"., to read as follows:
(F~} Home Tutorial Servic~s~
(11 Shall only be as an accessory use in a Driva%e
(21 Is limited to no more than five (5) students at
any one time,
- 6 - Ord. No. 79-94
(3) T~affic qenerated by such Home Tutorial Services
shall not exceed traffic volumes than would normally be expected in a
r~sidential neighborhood. Any need for parking generated by the
operation of such Home Tutorial Service shall be met off the street
and other than in the reauired front setback.
~4) Home Tutorial Services shall not occupy more than
twenty percent (20%) of the first floor area of the residence.
excluding the ar~a of any open porch, attached garage, or similar
space which is not suited or intended for occupancy as living
Section 6. That all ordinances or parts of ordinances in
conflict herewith be, and the same are hereby repealed.
~ 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 hekeof as a
whole or part thereof other than the part declared to be invalid.
~ 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:
First Reading Septe~er 27, 1994
Second Reading October 18, 1994
- 7 - Ord. No. 79-94
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: I~CITY M~NAGER
SUBJECT: A~ENDA ITEM # /0~ - MEETING OF OCTOBER 18. 1994
SECOND READING/PUBLIC HEARING FOR ORDINANCE NO. 79-94
DATE: OCTOBER 12, 1994
This is second reading and public hearing for Ordinance No. 79-94
which amends the Land Development Regulations to allow Educational
Facilities as a conditional use, and Home Tutorial Services as an
accessory use in the R-1 (Single Family Residential) Districts, RL
(Low Density Residential) District, and RM (Medium Density
Residential) District. It also enacts specific regulations for
these uses in the residential zoning districts.
The proposed amendment was requested by the City's Education Board
in order to accommodate certain types of educational facilities
that are currently not permitted in the residential zones. Please
refer to the staff documentation for an analysis of the amendment.
The Planning and Zoning Board formally reviewed this amendment on
September 19, 1994, and voted unanimously (7 - 0) to recommend that
it be adopted. At first reading on September 27, 1994, the
Commission passed the ordinance by unanimous vote.
Recommend approval of Ordinance No. 79-94 on second and final
reading.
ref:agmemo25
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER~
SUBJECT: AGENDA ITEM ~/~ - MEETING OF SEPTEMBER 27. 1994
FIRST READING FOR ORDINANCE NO. 79-94
DATE: SEPTEMBER 22, 1994
This is first reading for Ordinance No. 79-94 which amends the Land
Development Regulations to allow Educational Facilities as a
conditional use, and Home Tutorial Services as an accessory use in
the R-1 (Single Family Residential) Districts, RL (Low Density
Residential) District, and RM (Medium Density Residential)
District. It also enacts specific regulations for these uses in
the residential zoning districts.
The proposed amendment was requested by the City's Education Board
in order to accommodate certain types of educational facilities
that are currently not permitted in the residential zones. Please
refer to the staff documentation for an analysis of the amendment.
The Planning and Zoning Board formally reviewed this amendment on
September 19, 1994, and voted unanimously (7 - 0) to recommend that
it be adopted.
Recommend approval of Ordinance No. 79-94 on first reading. If
passed, a public hearing will be held on October 18, 1994.
ref:agmemo25
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-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 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 TUESDAY.
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 TUESDAY,
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
Instructions tQ Newspapgr; 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 ~
point bold headline. Thank you.
L-30 CANAL
,j
_J
LAKE IDA ROAD
i °
____.< LOWSON BOULEVARD
LINTON BLVD.
,
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L-38 CANAL C-15
CITY OF DELRAY BEACH MUNICIPAL LIMITS
CITY COMMISSION DOCUMENTATION
TO: DAVID T. HARDEN, CITY MANAGER
DIANE DOMINGUEZ~
FROM: ER
SUBJECT: MEETING OF SEPTEMBER 27, 1994
LDR AMENDMENT TO ALLOW EDUCATIONAL FACILITIES AS A
CONDITIONAL USE~ AND HOME TUTORIAL SERVICES AS AN
ACCESSORY USE~ IN THE R-i~ RL~ AND RM RESIDENTIAL
ZONING DISTRICTS
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of
approval on first reading of an Ordinance amending the LDRs
to allow Educational Facilities as a conditional use, and
Home Tutorial Services as an accessory use in the R-1
(Single Family Residential), RL (Low Density Residential),
and RM (Medium Density Residential) zone districts, and
also add related provisions to Section 4.3.3 Special
Requirements for Specific Uses.
BACKGROUND:
This amendment was requested by the City's Education Board in
order to accommodate certain types of educational facilities
that are currently not permitted in residential zoning
districts. At the Educational Board's request, the Planning and
Zoning Board initiated the amendment.
PROPOSED LDR AMENDMENT
This amendment will allow home tutoring of up to five (5)
students at a time as an accessory use in residential zoning
districts. It would also permit limited types of educational
facilities as a conditional use in those same districts. Both
types of programs would be subject to certain restrictions that
are intended to limit their potential impact on a neighborhood.
The ful 1 amendment, along with additional background and
analysis, is described in the attached Planning and Zoning Staff
report.
PLANNING AND ZONING BOARD CONSIDERATION:
The Planning and Zoning Board formally reviewed this item at its
meeting of September 19, 1994. The Board unanimously approved
the amendment to allow Educational Facilities as a conditional
use, and Home Tutorial Services as an accessory use in the R-l,
RL, and RM residential zoning districts with related provisions
to be added to Section 4.3.3 Special Requirements for Specific
Uses on a 7-0 vote.
RECOMMEND ED ACTION:
By motion, approve on the first reading of an ordinance
amending the LDRs to allow Educational Facilities as a
conditional use, and Home Tutorial Services as an accessory use
in the R-l, RL, and RM residential zone districts, and the
addition of related Sections 4.3.3(HH), and 4.3.3(KK).
Attachment:
* P&Z Staff Report & Documentation of September 19, 1994
* Proposed Text Amendments
PLANNING AND ZONING BOARD MEMORANDUM STAFF REPORT
MEETING OF: SEPTEMBER 19, 1994
AGENDA ITEM: VI.B. LDR AMENDMENT TO ALLOW EDUCATIONAL
FACILITIES AS A CONDITIONAL USE, AND HOME
TUTORIAL SERVICES (UP TO FIVE STUDENTS) AS AN
ACCESSORY USE IN THE R-l, RL AND RM RESIDENTIAL
ZONING DISTRICTS
ITEM BEFORE THE BOARD:
The item before the Board is that of making a
recommendation to the City Commission regarding an
amendment to the LDRs that would allow educational
facilities as a conditional use, and home tutorial services
(up to five students) as an accessory use in the R-l, RL
and RM residential zoning districts, and also add related
provisions to Section 4.3.3(HH), and 4.3.3(KK).
BACKGROUND:
This amendment has been requested by the City's Education Board.
Schools are currently not listed as a permitted or conditional
use in any of the City's residential zoning districts. At the
time that the request was made, there were at least two
educational facilities in the City that were located in
residential zoning districts, without having been legally
established. One facility involves home tutorial services, and
the other facility which has since relocated, involved children
with special or alternative educational needs. Both are
relatively small operations involving small properties or
portions of a building, and appear to have had little impact on
the surrounding neighborhoods. The Education Board supports
these types of facilities in residential areas, and is seeking a
means of bringing these uses into compliance with the LDRs.
At its meeting of July 18, 1994, the Planning and Zoning Board
initiated an amendment to the LDRs to allow limited educational
facilities as a conditional use in residential zoning districts.
ANALYSIS:
Child Care, Family Day Care and Churches with attendant
Educational, Nursery and Sunday Schools are currently allowed as
conditional uses in the R-l, RL, and RM zoning districts
pursuant to requirements set forth in LDR Section 4.3.3.
However, more formal educational facilities having similar
intensities are allowed only as conditional uses within the CF
(Community Facilities) zoning district. In some instances it
would not be practical or desirable to rezone a property to CF
to accommodate an educational program.
P&Z Staff Report
Text Amendment to Residential Zone Districts
Page 2
This amendment would allow educational facilities of a limited
nature as a Conditional Use in residential zoning districts. The
types of educational facilities this amendment is intended to
address are those that are relatively small privately run
operations. They may be geared toward providing more intensive
instruction to children with special needs, or those who desire
additional instruction. Larger private and public facilities
are and would continue to be established through rezonings to
CF, and a Conditional Use approval.
Private schools are not regulated by the State or HRS, as are
Public Schools, Child Care and Adult Day care. Thus, some
limitations on the intensity of the use should be provided
through provisions found in LDR Section 4.3.3 Special
Requirements for Specific Uses. These requirements would
provide for a minimum lot area, floor area, outdoor area,
loading area and other regulations as may be required by the
American Disabilities Act (ADA), Standard Building Codes, and
Fire Codes.
Another type of educational facility to be accommodated by this
amendment involves home tutorial services with more than one
student at a time. Under existing ordinances, instruction of up
to one student at a time is permitted as a Home Occupation.
There are no special provisions relating to group instruction.
Currently, Child Care and Family Day Care (up to five children)
are allowed as an accessory use to a private residence with some
restrictions set forth in Section 4.3.3. As home tutorial
services are similar to the intensity of these uses, it would
appear appropriate to also allow home tutorial services with a
limit of 5 students at one time as an accessory use in the home,
subject to certain restrictions. Home tutorial services with
more than 5 children would be considered an educational
facility, which would then require conditional use approval.
The attached LDR pages include language additions which include
home tutorial as an accessory use in a private residence,
limited to five students at one time provided that no traffic be
generated in greater volumes than would normally be expected in
a residential neighborhood, and that the use will not occupy
more than 20% of first floor area of the residence.
RECOMMENDED ACTION:
By motion, recommend adoption of the attached amendments to
Section 4.4.3 R-l, Section 4.4.5 RL, Section 4.4.6 RM residential
zoning districts, and the addition of Section 4.3.3(HH)
Educational Facilities, and Section 4.3.3(KK) Home Tutorial.
Attachments:
* Proposed LDR Amendments
Report prepared by: Janet Meeks~ Senior Planner
Report reviewed by: Diane Dominquez~ Director of Planninq
P&Z Staff Report
Text Amendment to Residential Zone Districts
Page 3
LIMITED EDUCATIONAL FACILITIES IN RESIDENTIAL ZONING DISTRICTS
Amendments to the following provisions:
Section 4.4.3 Single Family Residential (R-l) D~stricts:
(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, guest cottages, playhouses, pool
houses and covers, pump houses, slat houses, storage sheds,
tennis courts, swimming pools, and workshops.
(2) Home occupations but only within the R-l-A,
R-l-AA, and R-1-AAB Districts.
(3) Family Day Care pursuant to restrictions set forth
in Section 4.3.3(T) (Child care, up to five children)
(4) Home Tutorial Services subject to the
restrictions set forth in Section 4.3.3(KK)
~(~) Recreational facilities attendant to a
subdivision which is operated under a bonafide homeowners
association such as: tennis courts, swimming pools, exercise
area, clubhouse, and golf courses.
~(6) 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.
(D) Conditional Uses and Structures Allowed: The following
uses are allowed as conditional uses within the Single Family
Districts.
(1) Child Care and Adult Day Care
(2) 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 C.F., as appropriate.
(3) Educational Facilities subject to the
restrictions set forth in Section 4.3.3(HH).
~(4) The use of common recreational facilities such
P&Z Staff Report
Text Amendment to Residential Zone Districts
Page 4
as swimming pools and tennis courts, associated
with a subdivision, for club or commercial
purposes.
~(5) Single Family Detached Residences in zero lot
developments but only in the R-1-A and R-l-AA Districts.
~(6) Level I Group Homes.
Section 4.4.5 Low Density Residential (RL) District:
(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, guest cottages, 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 Tutorial Services subject to the
restrictions set forth in Section 4.3.3(KK)
~(4) Home Occupations.
~6~(5) 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.
~(6) 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.
(D) Conditional Uses and Structures Allowed: The following
uses are allowed as conditional uses within the RL District.
(1) Child Care and Adult Day Care
(2) 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 C.F. as
appropriate.
(3) Educational Facilities subject to the
restrictions set forth in Section 4.3.3(HH).
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Text Amendment to Residential Zone Districts
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~(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.
~6~(5) Single Family Detached Residences in zero lot
developments.
~(6) Group Homes, Level II.
Section 4.4.6 Medium Density Residential (BM) District:
(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, guest cottages, 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) Home Tutorial Services subject to the
restrictions set forth in Section 4.3.3(KK)
[~(4) 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.
~(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.
(D) Conditional Uses and Structures Allowed: The following
uses are allowed as conditional uses within the RM District.
(1) Adult Congregate Living Facilities and Continuing
Care Facilities
(2) Alcohol and Drug Abuse Treatment Facilities
(3) Child Care and Adult Day Care
(4) Educational Facilities subject to the
restrictions set forth in Section 4.3.3(HH).
~(5) Churches, or places of worship, and their
attendant educational, nursery, Sunday school, recreational, and
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Text Amendment to Residential Zone Districts
Page 6
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.
~(6) Convalescent Homes, Homes for the Aged,
Nursing Homes, and Rest Homes
~(7) The use of common recreational facilities such
as swimming pools, tennis courts, and golf courses (associated
with a subdivision) for club or commercial purposes.
~7~(8) Single Family Detached Residences in zero lot
developments.
~(9) Group Homes, Level III.
~9~(10) Yacht Club with facilities.
~(11) Dock master facilities when associated with a
multi-family development which has a marina.
ADDITION OF NEW SECTIONS:
LDR Section 4.3.3(HH)
(HH) Educational Facilities: For the purpose of this
section, educational facilities shall be of a limited nature
servinq children aqes 2-18. Examples of such programs may
include those which meet special education needs, or programs
that are directed toward providinq intensive instruction to a
limited number of students~ but does not include vocational or
training schools which may be located in various commercial or
Community Facilities districts.
(1) Lot Area: The minimum lot area shall be
7,500 square feet.
(.2) Floor Area: Facilities shall contain a
minimum floor area of 35 square feet per child, exclusive of
space devoted to bathrooms, halls, kitchen~ offices, and
storaqe.
(3) Loading Area: A pickup and drop-off area
for children shall be provided in a convenient area adjacent to
the buildinq and shall provide clear inqress and eqress to the
buildinq.
(4) Outdoor Area: there shall be a minimum area
of 75 square feet of outdoor play area per student. The play
area shall be located on the same lot as the principal use and
shall not be located in the front yard setback. The play area
shall be surrounded by a six foot fence.
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Text Amendment to Residential Zone Districts
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(4) Other Regulations: Ail Educational
Facilities shall comply with the American Disability Act (ADA),
Standard Building Code, Fire Codes~ and any other requlations as
may be required.
LDR Section 4.3.3(KK)
(KK) Home Tutorial Services:
(1) Shall only be as an accessory use in a private
residence.
(2) Is limited to no more than five students at
any one time.
(3) Traffic generated by such Home Tutorial
Services shall not exceed traffic volumes than would normally be
expected in a residential neiqhborhood. Any need for parkinq
generated by the operation of such Home Tutorial Services shall
be met off the street and other than in the required front
setback.
(4) Home Tutorial Services shall not occupy more
than 20% of the first floor area of the residence, excludinq the
area of any open porch, attached garage, or similar space which
is not suited or intended for occupancy as living quarters.