28-90 FAILED
9/25
ORDINANCE NO. 28-90
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING TITLE XVII, "LAND
USAGE", CHAPTER 173, "ZONING CODE", OF THE CODE OF
ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY
ENACTING A NEW ZONING CLASSIFICATION, "OLD SCHOOL
SQUARE HISTORIC ARTS DISTRICT", PROVIDING FOR SECTION
173.405, "PURPOSE AND INTENT", SECTION ~73.407,
"ACCESSORY USES AND STRUCTURES PERMITTED", SECTION
173.408, "CONDITIONAL USES AND STRUCTURES ALLOWED",
SECTION 173.409, "REVIEW AND APPROVAL PROCESS", SECTION
173.410, "DEVELOPMENT STANDARDS", SECTION 173.411,
"SUPPLEMENTAL DISTRICT REGULATIONS", AND SECTION
173.412, "SPECIAL REGULATIONS", ALL PROVIDING FOR THE
ESTABLISHMENT OF THE DISTRICT BY SETTING FORTH THE
PURPOSE AND INTENT, DELINEATING PRINCIPAL USES AND
STRUCTURES PERMITTED, DELINEATING ACCESSORY USES AND
STRUCTURES PERMITTED, DELINEATING CONDITIONAL USES AND
STRUCTURES ALLOWED, SETTING FORTH THE REVIEW AND
APPROVAL PROCESS FOR PROJECTS WITHIN THE DISTRICT,
SETTING FORTH DEVELOPMENT STANDARDS FOR THE DISTRICT,
AND SETTING FORTH SUPPLEMENTAL DISTRICT REGULATIONS AS
WELL AS SPECIAL REGULATIONS FOR THE OLD SCHOOL SQUARE
HISTORIC ARTS DISTRICT; AND BY AMENDING SECTION
173.016, "DISTRICTS ENUMERATED", BY ADDING "OLD SCHOOL
SQUARE HISTORIC ARTS DISTRICT" AS A ZONING
CLASSIFICATION WITHIN THE CODE OF ORDINANCES OF THE
CITY OF DELRAY BEACH, FLORIDA; PROVIDING A GENERAL
REPEALER CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING
AN EFFECTIVE DATE.
WHEREAS, at the meeting held February 9, 1988, the City
Commission, by adoption of Ordinance No. 1-88, designated the Old School
Square Historic District; and,
WHEREAS, the Historic Preservation Board desires to encourage
adaptive reuse of structures within the Old School Square Historic
District in a manner compatible with surrounding uses and the historic
nature of the district; and,
WHEREAS, to that end the Historic Preservation Board, in
conjunction with input from residents and property owners within the
district, did formulate a recommendation for the creation of a zoning
district, and forwarded this recommendation to the Planning and Zoning
Board for consideration; and,
WHEREAS, at the meetings held on June 19, 1990, and June 28,
1990, the Planning and Zoning Board, as Local Planning Agency, held
public hearings on the proposed zoning district, and forwarded a
recommendation to the City Commission that the Old School Square
Historic Arts District be created; and,
WHEREAS, pursuant to City ordinances, the matter has been
presented to the City Commission,
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Title XVII, "Land Usage", Chapter 173, "Zoning
Code", of the Code of Ordinances of the City of Delray Beach, Florida,
be, and the same is hereby amended by enacting a new zoning
classification, "Old School Square Historic Arts District", to read as
follows:
OSSHAD OLD SCHOOL SQUARE.HISTORIC ARTS DISTRICT
Section 173.405 PURPOSE AND INTENT
The Old School Square Historic Arts District (OSSHAD) is
intended to:
(A) Provide for mixed uses of residential, office and
arts-related commercial activities which will encourage
the restoration or preservation of historic structures and
maintain the historic and pedestrian scale of the Old
School Square Historic District;
(B) Stimulate greater awareness and pride in the City's
architectural heritage;
(C) Create an atmosphere and feeling of "Old Delray Beach";
(D) Improve the environmental quality and overall liveability
of the District;
(E) Stabilize and improve property values in the District;
and,
(F) Allow uses which promote preservation.
Section 173.406 PRINCIPAL USES AND STRUCTURES PERMITTED.
The following types of uses are allowed within the Old School
Square Historic Arts District as permitted uses:
(A) Single family detached dwellings
(Al) A single family residence in conjunction with any other
permitted nonresidential use provided that the
nonresidential use does not exceed fifty percent (50%) of
the gross floor area
(A2) Duplex structures
(B) Business, professional and governmental offices
(C) Barbershop, beautyshop or salon, and cosmetologist
(D) Bicycle sales, repair and rental
(E) Exercise facility
(F)~ Printing and publishing
(G) Educational facilities, including training, vocational or
craft schools, colleges, seminaries, universities, arts
and personal development institutions
(H) Libraries, museums, social and philanthropic institutions
(I) Arts-related businesses such as craft shops, galleries and
studios, for the preparation, display and/or sale of art,
including but not limited to, antiques, collectibles,
custom apparel, jewelry, painting, photography, picture
framing, pottery, sculpture and stained glass
(J) Bed and Breakfast Inns
(K) The preparation and sale of specialty gourmet foods. This
use accommodates caterers and cafes.
- 2 - Ord. No. 28-90
(L) Single purpose specialty retail sales, including but not
limited to, bath shop, or book store, or florist, or gift
shop, or hobby shop, or kitchen shop, or boutiques.
(M) Restaurants and snack shops, excluding drive-in and
drive-thru
(N) Within the' following areas the uses allowed as permitted
uses pursuant to regulations of the CBD (Central Business
District) shall also apply:
(1) Lots 13 through 16, inclusive, Block 60
(2) Lots 1 through 4, inclusive, Block 61
(3) Lots 1 through 7, inclusive, Block 69
(4) Lots 7 and 8, Block 75
(5) Lots 1 through 6, inclusive, Block 76
Section 173.407 ACCESSORY USES AND STRUCTURES PERMITTED.
The following uses are allowed when a part of, or accessory to,
the principal use:
(A) Uses and structures normally associated with residences
such as bird aviaries, dog houses and dog runs, garages,
greenhouses, guest cottages, playhouses, pool houses and
covers, pump houses, slat houses, storage sheds,
workshops, and home occupations
(B) Family day care
(C) Residential dwelling units ancillary to and in conjunction
with permitted nonresidential use(s) provided that the
nonresidential use(s) does not exceed fifty percent (50%)
of the gross floor area of the structure. This does not
apply to existing single family structures utilized for
mixed residential/nonresidential uses allowed by this
District.
Section 173.408 CONDITIONAL USES AND STRUCTURES ALLOWED.
The following uses are allowed as conditional uses within the
Old School Square Historic Arts District:
(A) Adult congregate living facilities, alcohol and drug abuse
treatment facilities, child care and adult day care, and
continuing care facilities, convalescent homes and nursing
homes
(B) Parking lots
Section 173.409 REVIEW AND APPROVAL PROCESS.
(A) All principal uses and accessory uses thereto which do not
require a permit for external modifications shall be
allowed upon application to and approval by the Chief
Building Official. For structures which require a
building permit and otherwise comply with applicable use
restrictions, Historic Preservation Board approval and
issuance of a Certificate of Appropriateness is required
(Sec. 174.01-174.99).
(B) New construction which increases floor area or requires
additional parking is subject to site plan approval
pursuant to Sections 173.865-173.870.
- 3 - Ord. No. 28-90
(C) Ail conditional uses must be approved pursuant to the
provisions of Section 173.845-173.851. Prerequisite to
approval is review and recommendation by the Historic
Preservation Board (Section 174.01-174.99).
Section 173.410 DEVELOPMENT STANDARDS.
(A) Minimum lot dimensions in the Old School Square Historic
Arts District shall be as follows, .except for those
allowed uses pursuant to the Central Business District
(CBD) in which case the minimum lot dimensions of the
Central Business District (CBD) shall apply:
(1) Frontage 80 ft.
(2) Width 80 ft.
(3) Depth 100 ft.
(4) Area 8,000 sq.ft.
(B) Aggregate floor area. The minimum floor area for all
single family dwelling units in the Old School Square
Historic Arts District shall be 1~000 square feet,
exclusive of terraces, balconies, decks, porches and
unroofed areas, including fifty percent (50%) of attached
carports, garages and screened patios. (From the R-IA
District)
(C) Ground floor building area. The total ground floor
building area of all buildings and structures shall not
exceed forty percent (40%).of the total lot area.
(D) Setbacks. The following shall be the minimum setbacks for
all buildings and structures in the Old School Square
Historic Arts District and shall apply separately to each
story, except for those allowed uses pursuant to the
Central Business District (CBD) in which case the minimum
setbacks of the Central Business District (CBD) shall
apply:
(1) Front 25 ft.
(2) Side Interior 7.5 ft.
(3) Side Street 15 ft.
(4) Rear 10 ft.
The Historic Preservation Board encourages discussions and
applications for waivers from these setback requirements
which are consistent with the historic nature and existing
scale of the neighborhood.
(E) Building Height. Permitted, accessory and conditional
uses and structures shall be limited to a maximum height
of 35 feet, except as provided in Section 173.032(A).
Structures housing all other uses allowed within the
district shall be limited to a maximum height of 48 feet,
except as provided in Section 173.032(A).
(F) Parking and Loading. Sections 173.770 - 173.775 and
Sections 173.790 - 173.797 shall apply except as modified
herein.
(1) Business and professional offices shall provide one
(1) parking space per 300 square feet of total floor
area. This requirement may be reduced to one (1)
parking space per 400 square feet of total floor
area, or by at least one (1) parking space, where
there is a mix of residential and office uses in the
same building or structure.
- 4 - Ord. No. 28-90
(2) Ail parking for business and professional offices
shall be located in the side or rear yard or adjacent
to a rear alley. No such parking shall be located in
the area between any street and the building or
structure. Where there are existing buildings or
structures, however, the Historic Preservation Board
may waive this requirement, provided it is determined
that compliance with these provisions is not feasible
and that the residential character of the area will
be maintained. If approved, such parking shall be
substantially screened from off-premise view by at
least a four (4) foot hedge.
(3) Within the following areas, the parking and loading
requirements of the Central Business District (CBD)
shall apply:
(a) Lots 13 through 16, inclusive, Block 60
(b) Lots 1 through 4, inclusive, Block 61
(c) Lots 1 through 7, inclusive, Block 69
(d) Lots 7 and 8, Block 75
(e) Lots 1 through 6, inclusive, Block 76
Section 173.411 SUPPLEMENTAL DISTRICT REGULATIONS.
The following supplementary regulations shall apply in the Old
School Square Historic Arts District:
(A) Duplexes. See Section 173.097.
(B) Walls and Fences. See Chapters 152 and 159.
(C) Landscaping. See Chapters 152 and 159.
(D) Signs.
(1) See Chapter 162.
(2) The provisions of Section 163.038(A) shall
specifically apply to the Old School Square Historic
Arts District.
(E) Park and recreation land dedication. See Section 173.071
and Chapter 172.
(F) Industrial and hazardous waste disposal. In addition to
the regulations and requirements set forth in this
chapter, all principal and conditional uses set forth
herein must also fully comply with the requirements and
conditions of the City's industrial and hazardous waste
disposal regulations as set forth in Chapter 53.
Section 173.412 SPECIAL REGULATIONS.
(A) All site plans, landscape plans and architectural
elevations shall be acted upon by the Historic
Preservation Board in lieu of the Community Appearance
Board and the Planning and Zoning Board within the Old
School Square Historic Arts District.
(B) All requests for relief from development standards
(variances, waivers, etc.) shall be acted upon by the
Historic Preservation Board in lieu of the designated
bodies.
5 Ord. No. 28-90
Section 2. That Title XVII, "Land Usage", Chapter 173, "Zoning
Code", Subheading "Establishment of Zoning Map and Zoning Districts",
Section 173.016, "Districts Enumerated", of the Code of Ordinances of
the City of Delray Beach, Florida, be, and the same is hereby amended by
adding "Old School Square Historic Arts District" as a zoning
classification within the City of Delray Beach, Florida, as follows:
Section 173.016 DISTRICTS ENUMERATED.
In order to regulate and limit the height and size of
buildings, and the intensity of the use of lot areas; to
regulate and determine the areas of open spaces within and
surrounding buildings; to classify, regulate, and restrict the
location of buildings designed for business, industrial,
residential, and other uses, the City is hereby divided into
the following zoning districts:
R-1AAA Single Family Dwelling District
R-1AAA-B Single Family Dwelling District
R-1AA Single Family Dwelling District
R-1AA-B Single Family Dwelling District
R-lA Single Family Dwelling District
R-1A-B Single Family Dwelling District
R-1A-C Single Family/Duplex Dwelling District
ART Agricultural Residential Transitional District
RL Low to Medium Density Dwelling District
RM-6 Multiple Family Dwelling District
RM Medium to Medium High Density Dwelling District
RM-10 Multiple Family Dwelling District
RH Medium High to High Density Dwelling District
RM-15 Multiple Family Dwelling District
PRD-4 Planned Residential District
PRD-7 Planned Residential District
PRD-10 Planned Residential District
PRD-L Low to Medium Density Planned Residential
Development District
PRD-M Medium Density Planned Residential Development
District
MH Mobile Home Park District
RO Residential Office District
OSSHAD Old School Square Historic Arts District
NC Neighborhood Commercial District
CC Community Commercial District
GC General Commercial District
SC Specialized Commercial District
CBD Central Business District
LC Limited Commercial District
ACT Agricultural Commercial Transitional District
LI Light Industrial District
MI Medium Industrial District
SAD Special Activities District
PCC Planned Commerce Center District
POC Planned Office Center District
MIC Mixed Industrial and Commercial District
CF Community Facilities District
MOI Medical Office and Institutional District
Section 3. That all ordinances or parts of ordinances in
conflict herewith be, and the same are hereby repealed.
Section 4. 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.
- 6 - Ord. No. 28-90
Section 5. 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 day of , 1990.
MAYOR
ATTEST:
City Clerk
First Reading July 24, 1990
Second Reading
- 7 - Ord. No. 28-90
FAILED
9/25~90
ORDINANCE NO. 29-90
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY
BEACH, FLORIDA, AMENDING TITLE XVII, "LAND USAGE",
CHAPTER 173, "ZONING CODE", SUBHEADING "GENERAL
PROVISIONS", SECTION 173.001, "DEFINITIONS", OF THE CODE
OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY
ENACTING NEW SUBSECTIONS, "SINGLE PURPOSE SPECIALTY
RETAIL SALES" AND "SPECIALTY FOOD STORE", TO PROVIDE FOR
THE DEFINITION OF THESE ADDITIONAL USES IN THE CODE OF
ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA;
PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING A SAVING
CLAUSE; PROVIDING AN EFFECTIVE DATE.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Title XVII, "Land Usage", Chapter 173, "Zoning
Code", Subheading "General Provisions", Section 173.001, "Definitions",
of the Code of Ordinances of the City of Delray Beach, Florida, be, and
the same is hereby amended by enacting a new subsection, "Single Purpose
Specialty Retail Sales", to read as follows:
"SINGLE PURPOSE SPECIALTY RETAIL SALES." A retail
establishment specializing in a specific market such as a
bath shop, book store, florist, gift shop, hobby shop,
kitchen shop, dress shop and boutique.
Section 2. That Title XVII, "Land Usage", Chapter 173, "Zoning
Code", Subheading "General Provisions", Section 173.001, "Definitions",
of the Code of Ordinances of the City of Delray Beach, Florida, be, and
the same is hereby amended by enacting a new subsection, "Specialty Food
Store", to read as follows:
"SPECIALTY FOOD STORE." A retail store specializing in a
specific type or category of foods such as an appetizer
store, bakery, delicatessen, fish, gourmet and similar
foods.
Section 3. That all ordinances or parts of ordinances in
conflict herewith be, and the same are hereby repealed.
Section 4. 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.
Section 5. 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 day of , 1990.
MAYOR
ATTEST:
City Clerk
First Reading July 24, 1990
Second Reading
FAILED
9/25/90
TAIJ. SALE~ AND ~PE~I~&L
TO PROVIOE FOR