Ord 38-07~~
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ORDINANCE N0.38-07
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY
BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT
REGULATIONS OF THE CITY OF DELRAY BEACH BY AMENDING
SECTION 2.4.6, "PROCEDURES FOR OBTAINING PERMITS",
SUBSECTION 2.4.6(I~, "CERTIFICATE OF APPROPRIATENESS FOR
HISTORIC STRUCTURES, SITES, AND IN HISTORIC DISTRICTS",
PROVIDING CLARIFICATION OF THE REQUIREMENTS AND
PROCEDURES FOR OBTAINING A CERTIFICATE OF
APPROPRIATENESS; AMENDING SECTION 3.2.4, "STANDARDS FOR
SPECIFIC AREAS OR PURPOSES", SUBSECTION 3.2.4(E), "HISTORIC
DISTRICTS AND SITES", PROVIDING FOR AND INCORPORATING THE
DELRAY BEACH HISTORIC PRESERVATION DESIGN GUIDELINES
AND THE SECRETARY OF THE INTERIOR'S STANDARDS FOR
REHABILITATION; AMENDING SECTION 4.1.4, "USE OF LOTS OF
RECORD", TO PROVIDE FOR VARIANCES; AMENDING SECTION 4.3.3,
"SPECIAL REQUIREMENTS FOR SPECIFIC USES", SUBSECTION 4.3.3(Q),
"GUEST COTTAGE", TO PROVIDE THAT HEIGHT SHALL NOT EXCEED
THAT OF THE MAIN STRUCTURE IN HISTORIC DISTRICTS; AMENDING
SECTION 4.4.17, "RESIDENTIAL OFFICE (RO) DISTRICT", SUBSECTIONS
4.4.17(A), "PURPOSE AND INTENT", AND 4.4.17(G), "SUPPLEMENTAL
DISTRICT REGULATIONS", PROVIDING PARKING REQUIREMENTS
FOR CONVERSION OF RESIDENTIAL STRUCTURES INTO OFFICE USE
IN HISTORIC DISTRICTS; AMENDING SECTION 4.4.24, "OLD SCHOOL
SQUARE HISTORIC ARTS DISTRICT (OSSHAD)", SUBSECTIONS 4.4.24(D),
"CONDITIONAL USES AND STRUCTURES ALLOWED" AND 4.4.24(H),
"SPECIAL DISTRICT REGULATIONS", CLARIFYING THAT PARKING
LOTS NOT ASSOCIATED WITH A USE MUST BE PUBLIC AND
CLARIFYING SPECIAL DISTRICT REGULATIONS; AMENDING SECTION
4.5.1, "HISTORIC PRESERVATION SITES AND DISTRICTS",
SUBSECTIONS 4.5.1(B), "CRITERIA FOR DESIGNATION OF HISTORIC
SITES OR DISTRICTS", 4.5.1(E), "DEVELOPMENT STANDARDS", AND
4.5.1(L), "DESIGNATION OF HISTORIC DISTRICTS", BY CLARIFYING
THE APPLICATION OF DEVELOPMENT STANDARDS WITH RESPECT
TO USE, ZONING DISTRICT AND HISTORIC CLASSIFICATION; AND
AMENDING APPENDIX "A", "DEFINITIONS", TO PROVIDE A NEW
DEFINITION FOR "HARDSCAPE", AND TO PROVIDE AMENDED
DEFINITIONS RELATED TO HISTORIC PRESERVATION; PROVIDING A
SAVINGS CLAUSE, A GENERAL REPEALER CLAUSE AND AN
EFFECTIVE DATE.
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WHEREAS, the City Commission of the City of Delray Beach has the authority to protect
the health, safety and welfare of its citizens; and
WHEREAS, the City Commission of the City of Delray Beach has the authority to make
regulations pertaining to Land use and development within the City of Delray Beach; and
WHEREAS, the City Commission of the City of Delray Beach believes that protecting and
preserving historic properties/districts furthers its goals of promoting health, safety and welfare by
preserving the history of the City for the welfare of future generations; and
WHEREAS, the City Commission of the City of Delray Beach desires to preserve the
property values of all ]and owners in historic districts and/or individually designated historic
properties; and
WHEREAS, the City Commission of the City of Delray Beach desires to clarify the language
in its Land Development Regulations pertaining to historic properties/districts in order to provide
guidance for those citizens that live or own property in historic properties/districts.
WHEREAS, the City Commission desires and intends for the Historic Preservation Board
to have wide discretion to limit overlay and zoning district requirements fettered by the limitations
provided in this ordinance pe wining to visual compatibility standards including but not limited to:
height, width, scale, mass, fagade, openings, rhythm, materials, color, texture, roof shapes direction,
lot coverage and square footage; and
WHEREAS, the City Commission desires and intends that the limitations provided in the
overlay and zoning district regulations shall serve as a maximum upper limit and these Historic
Preservation Design Guidelines codified in this ordinance shall provide additional limitations that
may be considered and applied to properties within all historic districts in the City of Delray Beach.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
'on 1. That Section 2.4.6, "Procedures fox Obtaining Permits", Subsection (I~,
"Certificate of Appropriateness for Historic Sites, Structures and in Historic Districts", of the Land
Development Regulations of the Code of Ordinances of the City of Delray Beach, Florida is hereby
amended to read as follows:
Section 2.4.6 Procedures for Obtaining Permits:
(I-I) Certificate of Appropriateness for Individually Designated Historic
Structures, Sites and all Properties Located within is Historic Districts:
ORD. NO. 38-07
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(1) Rule: A Certificate of Appropriateness shall be requited for the
following actinides which occur on a designated historic site, designated historic
interiors, or within designated historic districts:
fbjj;~ Any development application which is processed under these
regulations for which action is required by the Site Plan Review and
Appeazance Boazd or the Boazd of Adjustment; and in such case, the
Historic Preservation Boazd shall act in-lieu of such Boazd.
(e~j~ Any building, structure, appurtenance,
improvement, or landscape feature, which will be erected, altered,
restored, renovated, excavated, relocated, or demolished and which regazds
any exterior azchitectural features (and interior azchitectural features in the
case of designated historic interiors), landscape features, or site
improvements, except for those items specifically exempted by a list
promulgated by the Director.
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a,Qny material change in existing walls, fences, sidewalks,
features" and changes of color.
A Certificate of Appropriateness is not required for general, occasional
maintenance of any historic building, interior, structure, or site, or any building or stmcture
within a historic district or in kind xeglacement of materials or colors. General, occasional
maintenance shall include, but not be limited to lawn and landscaping caze and minor repairs
that restore or maintain the historic site or current chazacter of the building or structure.
General, occasional maintenance shall not include any of the activities described and defined
in divisions (1) (a) through (1) fdj,(~ of this Section. A Certificate of Appropriateness will
not be required for
construction, reconstruction, restoration, renovation, or demolition for an,.y interior
era 'on (except for designated historic interiors General, occasional maintenance and
repair shall also include any ordinazy maintenance which does not require a building permit
fzom the City.
(2) Required Information:
3 ORD. NO. 38-07
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t~ja). St-tied-Aleae Application When an item goes before the
Historic Preservation Board or is reviewed administratively and it is not
associated with any land development application, the following information
in the form of photographs or plans shall be provided, as applicable:
fe) 1. Site plan and/or survey;
{dj 2. Building elevations, and/or architectural drawings,
and/or artistic sketches or renderings;
(e) 3. Landscaping plan;
ffj ~ Floor plan(s);
~ ~; Samples of building materials and color chips;
4h) (z Engmeenng reports~es-aPPfiesl~le:
ft) Z
. Demolition Plans:
9 Photoeranhs of all existing elevations of the subiect
moo + labeled with cardinal direction and address•
10 Other materials as may be requested by the PLn_ninp
and Zoning Department or Historic Preservation
Board•
Also, a standard C-.~Pr. COA application form, accompanied by payment of
a processing fee per 2.4.3(I~ must be provided.
(b) Class I - Class V Site Plan ~gnlications• Applications for
Cl i l'1 V C'r Pl h 11 hr cnhmirrPd in accordance with Section
2 4 3 in conjunction with the applicable information requited for a COA
provided in (~. above.
(3) Procedure:
ORD. NO.38-07
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~~ Stsad-~4leae Applications Reviewed b~ the Historic
Preservation Boatd: An application for a COA ~'.^." __L:_L ~___ __
that requires Boazd agpxoval. as
Preservation Design Guidelines_ as amended from time to time. shall be
scheduled fox review and action at the next available meeting of the Historic
Preservadon Boazd, at which time an action of approval, der approval
of a modified application, continuance with direction or denial may be taken.
The Historic Preservadon Boazd shall apply aoolicable ordinances. Dekay
Beach Historic Preservadon Design Guidelines and the Secretary of the
Interior's Standazds for Rehabilitation.
Administratively-Reviewed Annlicatioas: An aoolicadon for
a COA which does not require ao~oroval by the Historic Preservation Boazd
as provided in the COA approval matrix as amended from time to time set
forth in the Delray Beach Historic Preservadon Design Guidelines may be
annroved administrativelX in accordance with applicable ordinances. Historic
Preservadon Design Guidelines, and the Secretazv of the Interior's Standazds
for Rehab
(4) Conditions: Conditions may be imposed pursuant to 2.4.4(C) and
to insure compliance with the Standazds contained in 4.5.1.
(5) Findings: Prior to aooroval. a finding
be made that any Certificate of Appropriateness which~is to be approved is
consistent with Historic Preservadon purposes pursuant to Objective A-4 of the
Land Use Element of the Comprehensive Plan and specifically with provisions of
Section 4.5.1 rhP DeL+ay Beach Historic Preservadon Design Guidelines and the
sec+e+arv of the Interior's Standards fox Rehabilitation.
'on 2. That Section 3.2.4, "Staandazds or Specific Areas or Purposes", Subsection
3.2.4(E), "Historic Districts and Sites", of the Land Development Regulations of the Code of
Ordinances of the City of Delray Beach, Florida, is hereby amended to read as follows:
Section 3.2.4 Standards for Specific Areas or Purposes:
(E) Historic Districts asd-bites: That the proposed development is consistent
with the purpose and provisions of the Historic Preservadon Overlay District pursuant to
LDR Section 4.5.1. and the Dehav Beach Historic Preservadon Design Guidelines and tl+e
5 ORD. NO. 38-07
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Secretary of the Interior's Standazds for Rehabilitation.
Section 3. That Section 4.1.4, "Use of Lots of Record", of the Iand Development
Regulations of the Code of Ordinances of the City of Delray Beach, Florida, is hereby amended to
read as follows:
Section 4.1.4 Use of Lots of Record: Any lot, or pazcel, which qualifies as a lot of record
as set forth in these Regulations, but which does not comply with respect to minimum lot area and
minimum lot dimensions specified for the zoning district in which it is located, may nevertheless be
used (for purposes as allowed in that zoning district), as long as it complies with all other
requirements of that zoning district, subject to the following limitations:
(A) Duplex and multiple family struchue may not be constructed on a lot which
has an area less than that provided for as the minimum lot azea within the zoning district.
(B) A residential structure shall not be constructed on any lot, within a residential
zoning district, which has frontage of less than fifty feet (50~. However, this provision shall
not prevent construction of a residential structure on a Single Family Lot (or Parcel) of
Record which conforms with all other aspects of minimum lot size requirements but which
has no frontage. Further, such a Lot of Record with no suitable access may achieve private
access for a single family residence and similaz uses by means of a nonpublic (private) access
easement.
(C) Except for single family residences subject to the R-1-A (Single Family
Residential) zoning district standazds, if two (2) or more adjoining lots (or combination of lots
and portions of lots) of record were under the same ownership as of October 18, 1994, and if
the total frontage and the total azea is equal to or greater than that which is required by the
zoning district regulations, said property shall not be developed except in accordance with the
minimum frontage and lot area requirements of the district. Ownership shall be determined
by the property tax rolls on file in the Palm Beach County Property Appraiser's Office as of
October 18, 1994.
Notwithstanding the above, a waiver to this requirement may be granted by
the City Commission pursuant to the provisions of LDR Section 2.4.7(B). Notice of the
request shall be provided pursuant to Section 2.4.2(B)(1)(n) to the owners of all property
located within five hundred feet (500 of the perimeter of the property on which the waiver is
being sought. The notice shall be mailed no later than ten (10) calendaz days prior to the
meeting before the City Commission.
For properties located within designated historic districts, or designated as
historic sites, or properties listed on the Local Register of Historic Places, the Historic
Preseroadon Boazd shall review the request prior to the City Commission meeting and shall
forwazd its recommendation on the request to the City Commission. Notification of the
ORD. NO.38-07
request shall be as described above, except that the mailing of the notices shall occur no later
than ten (10) calendar days prior to the meeting before the Historic Preservation Board.
(D) Within the R-1-A, RL and RM zoning districts, lots of record having at least
forty (40) feet of frontage may be used for Workforce Housing, as long as the workforce
housing unit meets the typical designs represented by the sketches set forth in Section
4.7.12(a), the lot is a minunum of 4,000 squaze feet and conforms to setbacks; provided,
however, the minimum side setback may be reduced to a minimum five feet (5~ if necessary
to accommodate the designs set forth in Section 4.7.12(a) and meets other development
standards in the zoning district. The Workforce Housing unit on a lot with frontage as herein
described must include xeaz access via an alley, if available. The unit must also contain design
features such as, but not limited to, front porches, eyebrows, outriggers, gables, dormers,
azbors, trellises, shutters, balconies, decorative vents, siding, textured stucco finishes,
undulating facades and other such appropriate architectural features.
~) Va~?nces for lot size di+++ensi ons and front agg, and biding setbactis and
minimum floor azea may be eran ted for the relocation of a historic structure onto a lot in
order to protect the structure If the relocatio n lot is not in dividually designated historic or
located within a historic districl, t hen an individual historic designation shall be required in
accordance with Section 4 51 ~) a nd shall be reviewed conc urrently therewith in order for a
variance to be granted All varian ce requests for relocation of historic structures must be
submitted to the Historic Preservation Boazd in accordance with Sections 4.5.1 (Dl and (~
for consi
Section 4. That Section 4.3.3, "Special Requirements for Specific Uses", Subsection
4.3.30, "Guest Cottage", of the Land Development Regulations of the Code of Ordinances of the
City of Delray Beach, Florida, is hereby amended to read as follows:
(~ Guest Cottage:
(1) Can only be used by members of the family occupying the prindpal
dwelling, their nonpaying guests, or persons employed fox service on the premises.
(2) The ,guest cottage sgxeh;re shall not occupy more than 1/20's of the
lot azea and in no case shall exceed a floor area of 700 squaze feet.
(3) The structure shall be located to observe the setback requirements as
imposed for the prindpal structure.
(4J When located on individuallv designated historic properties or within
~IgLignated historic districts. the structure shall not exceed the hePht of the principal
structure.
7 ORD. NO. 38-07
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Section 5. That Section 4.4.]7, "Residential Office (RO) District", Subsections
4.4.17(A), "Purpose and Intent" and 4.4.17(G), "Supplemental District Regulations", of the Land
Development Regulations of the Code of Ordinances of the City of Delray Beach, Florida, aze hereby
amended to read as follows:
Section 4.4.17 Residential Office (RO) District:
(A) Purpose sad Intent The Residential Office (RO) District provides for
mixed use of a neighborhood office and residential nature. The RO District is appropriate as:
(1) A transitional land use between a commercial or industrial azea and a
residential azea.
(2) An incentive zoning in older residential azeas which aze in the need
of redevelopment or revitalization or aze in a state of transition.
(3) To accommodate professional offices which will meet needs of
neazby neighborhoods.
(4) An incentive zonirrp desjenadon for historic districts and/or
individually designated historic ,prQ,perties [o provide for the rehabilitation of
residential structures into office use.
(G) Supplemental District Regulations: The supplemental district regulations
as set forth in Article 4.G shall apply except as modified and added pursuant to the following.
(1) All uses shall be in completely enclosed buildings and any outdoor
storage is expressly prohibited.
(2) Pazking required for business and professional offices shall be at the
standard of one space per three hundred squaze feet of total floor azea (1/300).
However, this requirement may be reduced to 1/400, or at least by one parking
space, when there is a mix of residential and office use in the same structure or for
an existing structure on a prop located within a designated historic district or an
individually designated historic site.
Section 6. That Section 4.4.24, "Old School Squae Historic Arts District (OSSHAD)",
Subsections 4.4.24(D), "Conditional Uses and Structures Allowed" and 4.4.24(FI), "Special District
Regulations", of the Land Development Regulations of the Code of Ordinances of the City of
Delray Beach, Florida, are hereby amended to read as follows:
Section 4.4.24 Old School Square Historic Arts District (OSSHAD)
(D) Conditional Uses and Structures Allowed: The following uses aze allowed
as conditional uses within the OSSHAD:
ORD. NO.38-07
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(1) Outdoor dining which operates at night or which is the principal use
or purpose of the associated restaurant.
(2) Adult Congregate Living Facilities, Residential Licensed Service
Provider Facilities subject to restrictions set forth in Section 4.3.3(D), Child Care,
Adult Day Caze, Continuing Caze, Convalescent Homes, and Nursing Homes.
(3) Public Pazlring lots not associated with a use.
(4) Residential-type inns, not to exceed more than eighteen (18)
individually leased suites ox rooms per acre.
(5) Group Home, Type 2, and Community Residential Homes, pursuant
to restrictions set forth in Section 4.3.3(1).
(H) Special District Regulations:
(1) The ,gross floor azea of residential units within a structure containing
permitted non-residential use(s) shall not ese exceed mete-thatz 50% of the gross
floor azea of the entire structure within which they aze located.
(2) Residential uses shall comprise no less than 10% of the uses in the
OSSHAD District as expressed by the exclusive use of individual parcels, other than
condominium ownerships. The existence of an occupational license, except for one
issued for a home occupation, shall establish that such a pazcel is non-residential.
(3) Residential-type inns shall create a transitional or buffer area between
residential uses and non-residential uses (such as office, commercial, etc.) which are
either on or neaz the subject property.
(4) A residential-type inn shall be associated with an historic structure
and must be residential in design, scale and character.
(5) Catering services cannot exceed 2,000 sq. ft. of total floor area and
shall not have overnight storage of more than two vehicles, which shall not exceed 1-
1/2 ton capacity.
(6) 24Hour or late night businesses as defined herein must be processed
as a conditional use and aze subject to the provisions of Section 4.3.3(VV).
(7) Duplex structures must have an integrated design to give the
appearance of a single family dwelling.
Section 7. That Section 4.5.1, "Historic Preservation Sites and Districts", Subsections
4.5.1(B), "Criteria fox Designation of Historic Sites or Districts", 4.5.1(E), "Development
Standazds", and 4.5.1(L), "Designation of Historic Districts" of the Land Development Regulations
ORD. NO.38-07
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of the Code of Ordinances of the Ciry of Delray Beach, Florida, are hereby amended to read as
follows:
Section 4.5.1 Historic Preservation Sites and Districts:
(B) Criteria for Designation of Historic Sites or Districts:
(1) To qualify as a historic site, ethistoric district, historic structure. or
historic interior, individual properties, structures, sites, or buildings, or groups of
properties, structures, sites, or buildings, must have significant character, interest,
or value as part of the historical, cultural, aesthetic, and architectural heritage of
the city, state, ox nation. To qualify as a historic site~er historic district o ~ o
structure, the property or properties must fulfill one or more of the criteria set forth
in division (2) or (3) below; to qualify as a historic interior, the interior must fulfill
one or more of the criteria set forth in division (2) and meet the criteria set forth in
divisions (3) (b) and (3) (d).
(2) A building, structure, site, interior, or district will be deemed to have
historical or cultural significance if it meets one or more of the following criteria:
(a) Is associated in a significant way with the life or activities of a
major person important in city, state, or national history (for
example, the homestead of a local founding family);
(b) Is the site of a historic event with significant effect upon the
city, state, or nation;
(c) Is associated in a significant way with a major historic event,
whether cultural, economic, social, military, ox political;
(d) Exemplifies the historical, political, cultural, economic, or
social trends of the community in history; or,
(e) Is associated in a significant way with a past or continuing
institution which has contributed substantially to the life of
the city.
(3) A building, structure, site, or district is deemed to have
architectural or aesthetic significance if it fulfills one or more of the
following criteria; except that to qualify as a historic interior, the interior
must meet the criteria contained within divisions (3)(b) and (3)(d):
t0 ORD. NO.38-07
(a) Portrays the environment in an era of history
characterized by one or more distinctive architectural
styles;
(b) Embodies those distinguishing characteristics of an
architectural style, period, or method of construction;
(c) Is a historic or outstanding work of a prominent
architect, designer, landscape architect, or builder; or
(d) Contains elements of design, detail, material, or
craftsmanship of outstanding quality or which
represented, in its time, a significant innovation or
adaptation to the South Florida environment.
(4) A building, structure, site, interior, or district will be deemed
to have historic significance if, in addition to or in the place of the
previously mentioned criteria, the building, structure, site, or zone meets
historic development standards as defined by and listed in the regulations of
and criteria for the National Register of Historic Places, as prepared by the
United States Department of the Interior inEetiar under the Historic
Preservation Act of 1966, as amended. A copy of these standards for the
National Register is made part of this section as if fully set forth herein.
Standatda: All develonment reoardless of use within
(1) Exterior Architectural Feat~*ee. For the purpose of this Section,
exterior architectural features mill smell include, but not be limited to the following.
(a) The azchitecnrral style, scale, general design, and general
arrangement of the stmchrxe's exterior;
(b) The type and texture of building material; and
(c) The type and style of all roofs, windows, doors, and signs.
(~ )~'or and Minor develo~ment• Fox plrcposes of the section_ maior
11 ORD. NO. 38-07
goals ob~ecdves and policies of the Comg~ghen~ive Plan these regulations the De y Beach
Historic Preservation Designn Guidelines and the Secretary of the Intenot's Standards for
Rehabilitation.
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and minor develop~#tent standards shall be applied as noted in the following table•
Notes:
1. A 1 develo¢m t n ' 'v^d ~ Ilv desi~ ated oeocecties in ~ zon~n¢ ~~ 'tai Mi..oc
2. Alm q€ygl.4plPent on n~nneies in the OSSI-LAD d~trict v+hich a_re sebject to CBD re~tione oars ~~nt to~ction 4.4_24_Bl f121
i,~. Mmor.
(al For the np+~oses of this section "residentiaP' includes sin¢le
fatni y du~ls~ces and muldfami),y in all historic districts and all
~ ~elopmen re¢ardless of use in the Residential Office (RO)
zo ~ i. trio.
(bl Major devel~tment shall be consid__er
1 New coa stm cri on in all historic districts exceFt CBD
and CF zo n ed •properries and properties zoned
OSS HA D s µ~j ect to CBD desi¢n guideLines• or
2 The construcrion recons~ctiori or alteration of In
~. s of tv n~•~pe±cent (?„~%1 of the eYtstin¢
floor azea of the buildin¢ and aL1 annL''te~ttces.
e~4pt for properties zoned BD or GF and
~rooerties zoned OSSI-IAD subject to GBD desi¢n
gudet±nes Fox t~Fposes of this section all Lmit?rions
a*td re,s ,tarions s all be reviewed in a cumulative
manner from the date of passage of this ordinance in
2008: or•
3 Th e const mcdo n. rec ons**t~~ti^n- ^* al*et~rion of an v
pa* t of th e fro nt f ade of an ex isting cont ributi n¢
.,.~i .ta.,~ or non -residential structure and all
-rte +* s exten t for prooetti es zoned GBD or
F and p roper ties z oned OSSHA D subject t o CB D
deg ¢u idelin es F or_pumoses of Lhis sec tion. all
tit,, ;t?rions and rem rions shall be reviewe d in a
12 ORD. NO.38-07
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cumulative manner from the date of passage of this
ordinance in 2008.
(mil Minor develgpment shall be considered:
1. All new construction in all historic districts on
pron zoned CBD and CF as well as all pronerties
in the OSSHAD zoned district subject to the CBD
des',gp s~uidelines: or;
2. All modifications to existing contdbutinp and
noncontributinP structures in all historic districts on
property zoned CBD and CF as well as all prot~erties
in the OSSHAD zoning district subject to the CBD
Desigtr Guidelines: or.
3. Th e const ruction. re constructi on. or alteration of anv
par t of the front fac ade of an e xisting noncontributine
resi dential or non -residentia l structures and all
appurtenances: or.
4. The constmction_ reconstruction. or alteration of less
than twenty-five percent (~5%1 of the exist floor
azea of the building and all anourtenances. For
purooses of this section. all limitations and re dons
shall be reviewed in a cumulative manner from the
date of passage of this ordinance in 2008.
5. Any c}~ges to Individually Historically Desi¢nated
prooerties. whether already on site or newly
de~jt~tlated_ to help facilitate the move of a historic
structure into a historic district.
{~)(3) B i i Ps. Structures. Appurtenances and Paz1dnQ. ~rfelh
Buildings. structures. appurtenances and pazking shall only be moved, reconstructed,
altered, or maintained, in accordance with this chapter,in a manner that will preserve
the historical and architectural character of the building, structure, site, or district:
$)~a,1 Aunurtenances: Appurtenances
includes, but is grg not limited to, stone walls, fences, light
fixtures, steps, paving, sidewalks, signs, and accessory
structures.
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C ain-link fences shall be cLd in a gt trot
bla v' vl and shall ogjy be used in teat y~tds
=•-~ere they are not viible from the ctteet
b Swittunin pool f
p ences sh all be d esigned ii a
Manner Y
that int~ fidtes th e Lvout with the lot
~nrl ctru cturec wi thout ex lubltit>g a utilitarian
Or SLnd- alone anp ea_r?nce.
c Fences and walls over foot feet (4'1 shall not be
allowed in front or c;de street setbacks
d Al other provisions in Section 4.6.5 shall
aRR1Y-
2. Garages and Catroorts:
a The followine compatibility standards shall
a-~oply for maior development where
a~nolicable:
i C~raocs and caroorts aze encoura¢ed
to be oriented and entered from the
side or reaz and out of view from the
public ri t of wa~Howevet if this is
not possible the orientation of oara¢es
and caroorts shall be consistent with
r_1?e maiori~of such structures within
the district.
1 Where feasible alternative methods of meetit~
minim, m p rig sLndazds contained in Sections
14 ORD. NO.38-07
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~ ((~( g) end/mar 4 6 9 (~ as applicable. shy be
gX~ ,lr,rPd rn avgid exrPCCi ye use of litoric properties
an d/or properties locat ed in hstoric districts for
paz king Paz ' lots sha ll strive to contribute to the
1+~c roric n ature of the pro perties/districts in which they
arr locat ed by use of a earive design and L*~dscape
ele ments to b„ffP+ p azking azeas from historic
be considered:
a LMate pg~g~jacent to the buildag oz
thethe reaz.
b Screen-per tF+at can be viewed from the
public t of wa; with fencing, landscapine
of a combination of the two pursuant to
Section 4.6.5.
Utilize e_x,~tine~s to provide vehicuLlr
access to sites.
d onstma new curb cuts and ctreet side
dm~.~aTs only in azeas where they are
ggpropritP or existed historically.
e Us~propriate materials for drivewap,~such
as concrete pou*ed in ribbons.
f Avoid wide driveways and cizciilar d_++ves.
rgq, i*ed in 4ecrion 4 6 9' `u~"pon presentation of
mnfi+**,ation that adequate pun [t lg for a p~p9c use
may be achieved by alternate means which aze found
to be in keeping with the provisions and intent of the
T)r y Beach I-Lstoric Preservation Dgjgn GuideLnes.
f3j u Alterations. In considering proposals for alterations to the exterior of
historic buildings and stmctures and in applying development and preservation
standazds, the documented, original design of the building may be considered, among
other factors.
15 ORD. N0.3&07
r \
~ \
(4) ~ Standards and Guidelines. A historic site; er building, structure, site-,
improvement, or appurtenance within a historic district shall p}~y be altered, restored,
preserved, repaired, relocated, demolished, or otherwise changed in accordance with
the Secretary of the Interior's Standards for Rehabilitation and the Delra, Beach
Historic Preservation Desierr Gudelines, as amended from time to time.
f5j ~i .. Relocation. Relocation of historic buildings and structures to other
sites shall not take place unless it is shown that their preservation on their existing or
original sites is not consistent with the purposes of this Section or would cause undue
economic hazdship to the property owner.
f6j j~7 Demolition. Demolition of historic sites, sli archaeological sites, or
buildings, structures, improvements, and appurtenances within historic districts will
shall be regulated by the Historic Preservation Board in the manner described in
Section 4.5.1(F). Demolition of anv structure wherl+P on 'b 'ns or non-
contributing s1+a1 no oc ,r til a b + +ng pe_rmir has been ~ s ed for [he Hp$
approved redevelopment 1 tru n rP proved for delrl~lition and awaiting,i,. nce
of a building pe_r*tlit for the re~PVPlopment s al be ai a. ed In a manner s~l*++1 r to
that in which it existed at ti**le of application ur+less the Chief Building Official
determines that an unsafe buildirL condition exists in ac orxlanr mirk ection 4 51(x,
,
L._.1~~"i-fM 'irl NPr}1 WIR{1N ~ ~
~"~G
P l h Fth 1 tv ~ l
C J J 'g 1-~ ,' L 11
L G
YY~
(8) Visual Comoadbilily Standards. New construction and all fdl
improvements to both contributitre and noncontributin ,buildings, structures and
appurtenances thereto within a designated historic district_or on an individually
designated prooTrty shall be visually compatible. In addition to the Zorine District
standazds provided for in this Section with reerrd to height width mass sc_1P fad ~
opglil}gs rhythm material color texblrP roof ch~pe dire lion lot coverage ~*la
square footaee a_nd other criteria set forth elsewhere +n Section 4 51 V+ ,al
compatibility for minor and maior pm rn a referent d ' Semi n 4 1(El(21
16 ORD. N0.38-07
f
~~
shall be determined by utilizing criteria contained in (a)-(m) below Visual
(a) Height: The height of proposed buildings or modifications
shall be visually compatible in comparison or relation to the
height of existing structures and buildings in a historic district
for all major and minor development For major developmen
visual compatibility with respect to the height of residential
stmctares as defined by 451~E)(2)(a) shall also be
detennuied through application of the following
1 Building Height Plane (BHP)• The building hei lght
plane technique sets back the overall height of a
building from the front property line.
a. The building~ight plane line is extended at an
inclined angle from the intersection of the
front Yazd prop line and the averag~tmede
of the adjacent street along the lot frontage.
The inclined angle shall be established at a two
to one (2:1) ratio. See illustration below.
i~ ANC BUILD MAx JS' Hi
:I ZONE
~I
i
°I
OI _ 3Z 5'~ w5i0Fi0
nl ~°/---~~-15LOPV Hi-------
.I I~ L' /REAR
35.0'
f50
BUILDING HEIGHT PLANE
AT 2U RATIO
b. A structure relocated to a historic district or to
an individually designated historic site shall be
exempt from~s r~uirement.
17 ORD. NO. 38-07
r \
2. Fitst Floot Maximum H igh~•
a. Single-story or first floor Limits shall be
established bX
i. Height from finished floor elevation to
top of beam (tie or bond) s al not
exceed fourteen feet (~'L
ii Mean Roof Height s all not exceed
eighteen feet (18'l.
iii. Any portion excee ;ne the dimensions
described in i and ii above all b
considered multi-story structures
iv. eP ill ctration below
v. Sections i and ii. above may be waived
by the Historic Preservation Board when
appropriate based on the azchitectural style of
the building
3. Ug r to Hgight•
a. Height from finished floor elevation to
finished floor elevation or top of beam jtie or
bond) shall not exceed twelve feet 12'1
(b) Front Facade Proportion: The front facade of each building
or structure shall be visually compatible with and 1Le in direct
relationship to the width of the building and to the height of
18 ORD. NO.38-07
~~
~~
the front elevation of other adjaeenE-et~je~iag exist
stmctures and buildings within a thethe subiect historic district
c) Proportion of Openings (Windows and Doors): The
openings of any building within a historic district shall be
visually compatible with the openings exemplified by the
prevailing historic architectural styles of similaz buildings
within the district. The relationship of the width of windows
and doors to the height of windows and doors among
buildings ~r~in-Meet shall be visually compatible i i
the subject historic district
(d) Rhythm of Solids to Voids;-FresEPaeades: The relationship
of solids to voids if~e-fient-€sesde of a building or structure
will shall be visually compatible with •'-_ ~.__. r___~__ _r
exi~tine historic buildings or structures within the subiect
historic district for all development with particular attention
paid to the front facades.
(e) Rhythm of Buildings on Streets: The relationship of
buildings to open space between them and adjoining buildings
shall be visually compatible with the relationship between
exi historic sites; buildings; or structures within a)_hg
subiect historic district.
(f) Rhythm of Entrance and/ot Porch Projections: The
relationship of entrances and porch projections to the
sidewalks of a building shall be visually compatible with the
prevaleaE exis~architectural styles of entrances and porch
projections on exiting historic sites; buildings; and structures
within a thethe subiect historic district for all development
(g~ Relationship of Materials, Texture, and Color. The
relationship of materials, texture, and color of the facade of a
building and/or hardscaning shall be visually compatible with
the predominant materials used in the historic~ttes; buildings;
and stmctures within a the subject historic district
(h) Roof Shapes: The roof shape. indu ' e~~pe and sloce. of a
building or structure shall be visually compatible with the roof
shape of g a-historic-site; buildingg, or structured within
the subject a-historic district The roof shape shall be
19 ORD. N0.38-07
~ ,.
' 1
consistent with the architectural style of the building.
(i) Walls of Continuity:
saeh-xs wy~lalls, wree-ice fences, evergreen landscape
masses, or building facades, shall form cohesive walls of
enclosure along a street to ignsure visual compatibility g~j~ef
Ehe-l-ta•historic buildings; g.~stmctures, ~_ ~ '-= witbin
the subject historic district and the structure to which it is
visually related.
~) Scak of a Building: The size of a building; the building
mass in relation to open spaces, windows, door openings,
balconies,-ash porches,~nd lot size shall be visually compatible
with the building size and mass of historic sites;
buildings; and structures within a historic district for all
development To determine whether the scale of a building is
aorrootiate. the following shall apply fir mamajo~ developpment
1:
1. For buildings wider than sixty percent (60%) of the lot
width. a portion of the front facade must be setback a
minimum of seven Q additional feet from the front
setback line:
a. Lots sixty-five (¢~) feet or less in width are
eRemDt from this xeauirement.
i'J
minimum side setbacks (ell ple: 100' lot
width x 40% = 40' - IS' side yazd setbacks =
c. AnT or Watts of the front facade may be
used to meet this xeuuirement
20 ORD. NO.38-07
i \
2 Fot buildinQS deeper than fifty~ercent (50% of the lot
deoth a gordon of each side fa aerie which is greater
than one stox~ high must be setback a minimum of
five 51 additional feet from the side setback line:
a To calculate how much of the building denth
must comply with this provision muldgly the
lot depth by fifty~ercent (50%~ and subtract
the required minimum front and reaz setbacks
(example• 120' lot depth x 50% = 60' - 25'
front yazd setback -10' reaz setback = 251.
b Any_part oxcarts of the side facades may be
used to meet this requirement
c. See illustration below:
21 ORD. NO. 38-07
e If the entire building is set back an additional
seven ('7) feet no offset is required.
I \
/ \
d. If the entire building is set back an additional
five (SJ feet from the side. no offsets aze
wired on that side.
gpen except for supporting columns and/or railing.
(k) Directional Expression of Front Elevation: A building shall
be visually compatible with the buildings, structures, and sites
ie within a historic district for all development with reg~ to
its directional character, whether vertical; q~r horizontal~t
nendfreetieeiak.
j)1 Architectural S(yk: All maior and minor development shall
consist of only one (1) azchitectucal style per structure or
prooerty and not introduce elements definitive of another style.
jm) Additions to Individuall_ Designated Protierties and to
Contributing Structures in all Historic Districts. Visual
compatibility shall be accomplished as follows:
2. Additions or accessory structures shall not be located
in front of the established front wall plane of a historic
bu>i~cl'ng
3. Gha_racterisdc features of the ori,gg s of not
be destroyed or obscured.
4. Additions shall be des~gtted and constructed so that the
hasic form and character of the historic buldi4g will
remain intact if the addition is ever removed.
5. Additions shall not introduce a new architectural style.
mimic too c1_oselr the style of the existing b + + nor
splicate r1+e orieinal design. but shat be coherent in
design with the ex±stine b
C. Additions shall be secon~y and subordinate to the
22 ORD. NO. 38-07
,.
1
main mass of the historic building and shall not
overwhelm the original building
(9) Visual Comgatibili Incentives. In order to provide design
flexibility fox residential structures as defined bX LDR Section 4 5 1(E) 2)(a) that
otherwise satisfy the Visual Compatibility Standards outlined in Section 4.5.1(E)(8).
incentives for development shall include the following.
a Ogen Air Sgaces• The ratio of the Building Height Plane
BHP) can increase from two to one 2:1 to two to one and a half
(2.1 5) for open air spaces limited to• first or second floor front
porches se aration must be provided between floors) first or second
floor side porches se aration must be provided between floors).
balconies. and overlooks with open railing see illustration below): and
b. Front Ele vation: U g to twenty five percent (25%) of the
front elevation(s) c an extend above the Buildin g Height Plane (BHP)
to a maximum he ight of thir ty five feet (35~. provided twenty five
extension shall not exceed eighteen feet (18~ along the front
elevation(sZ See illustration below.
23 ORD. NO. 38-07
BUILDING HEIGHT RLANE NORTH (SIDE) ELEVATION
~~
1
SIDE VIEW
~ = ALLO W ED ABOVE BHP,
NOT TO E%CEED 35' MA%
=MUST BE UNDER BHP
$~ ~ ZS% OR MORE OF FRONT
FACADE(S) MUST REMAIN
1 STORY
(L) Designation of Historic Districts: The following Historic Districts aze
hereby affirmed or established:
(1) ~ZrNASSAU STREET which consists
of Lots 2-19 of Nassau Pazk, as recorded in Plat Book 16, page 67 of Palm Beach
County, Florida; Lots 1-12 of Wheatley Subdivision, as recorded in Plat Book 16,
page 98 of Palm Beach County, Florida; and Block E, Lot 4 and Block F, Lot 1 of
John B. Reid's Village as recorded in Plat Book 21, page 95 of Palm Beach County,
Florida. (Origuial designation by Ordinance 97-87 adopted on January 12, 1988)
(2) ~FE MARINA ~ which consists of Block 125,
excluding the south 350' of the north 488.6' of the west 100' of Block 125, along
with that part of Block 133 lying west of the Intracoastal Waterway, together with
the east half of Block 118, along with all of Block 126, together with that portion of
Block 134 lying west of the Intracoastal Waterway, along with east half of Block 119,
together with all of Block 127, along with the east half of Block 120, and all of Block
128, all within the Town of Linton Plat, as recorded in Plat Book 1, Page 3, Palm
Beach County Records (Original designation by Ordinance 156-88 adopted on
December 20, 1988)
(3) DEL-IDA PARK which consists of Blocks 1 through 13, inclusive,
along with Tracts A, B, and CDEL-IDA PARK, according to the Plat thereof on file
in the Office of the Clerk of the Circuit Court in and for Palm Beach County,
24 ORD. NO. 38-07
FRONT VIEW
~~
Florida recorded in Plat Book 9 at Page 62 (Original designation by Ordinance 9-88
adopted on Match 22, 1988)
(4) OLD SCHOOL SQUARE which consists of the south one-half of
Block 57 and Blocks 58-62, Blocks 65-70, the west half of Blocks 74 and 75, and
Lots 1-6 of Block 76, Town of Linton Plat, as recorded in Plat Book 1, Page 3, Palm
Beach County Records. (Original designation by Ordinance 1-88 adopted on
February 9, 1988).
(5) ~I3E WEST SE'I"TLERS is bounded on
the north by Martin Luther King, Jr. Boulevard (N.W. 2nd Street). The eastern
boundary is as follows: the alley running north and south in Block 43; N.W. 3rd
Avenue between N.W. 1st Street and the east-west alley of Block 36. The southern
boundary is N.W. 1st Street between N.W. 3rd Avenue and the alley in Block 43; the
east-west alley in Block 36 and Block 28 and the south property line of Lot 13, Block
20. The western boundary is the north-south alley and the eastern one-half (1/2) of
the block south of the alley of Block 19; the north-south alley in the north half of
Block 20.
Section 8. That Appendix "A", "Definitions", of the Land Development Regulations of
the Code of Ordinances of the City of Delray Beach, Florida, is hereby amended as follows:
CONTRIBUTING I~i3'T^-,~:~"moo-PlOb:tio="7'=°ano';=:e 13 "tam
STRUCTURE (Also refereed to as a Historic Structurel: A structure which adds to the
historical azchitectural qualities. historic associations. or azchaeological values for which a
criteria for evaluation.
> >
HARDSCAPE -Consists of the inanimate elements of landsca}Ltnp~especially masonry or
wood work such as concrete ox brick patios and pool decks. tde paths and wooden decks.
HISTORIC SITE (Also referred to as Individually Designated Site/Property): Any site,
building, structure, feature, ox improvement which has been designated as a historic site~nd
which may be located outside of a designated historic district.
HISTORIC SITE SURVEY: A comprehensive survey
Beard designed to identify, reseazch, and document building sites, and structures of any
25 ORD. NO.38-07
~.
. ~
historic, cultural, architectural, or landmazk importance in the ciry~ .which may ¢g
compiled fey in cooperation with state and local public and non-pmfit historic
preservation oro ni~ations
NON-CONTRIBUTING 13>AI6 STRUCTURE (Also refeaed to as aNon-historic
Structure): A structure which does not add to the historic architectural qualities. historic
associations. or arehaeolggical values for which a district is sl$pificant because it was not
that time or is incapable of yielding important information about the period. or it does not
independently meet the National Resister of Historic Places criteria for evaluation.
.,
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.
'0 10. That all ordinances or parts of ordinances in conflict herewith be, and the
same are hereby repealed.
Section 11. That this ordinance shall become effective immediately upon its passage on
second and final reading.
PASSED AND ADOPTED in regular session on second and final reading on this 5's day of
Februazy, 2008.
ATTEST:
`\ ~• N~
City Clerk
First Readin ~ ~~
Second Readin ~ 5 `0
~~~ ~~
MAYOR
26 ORD. NO.38-07
J
MEMORANDUM
TO: Mayor and City Commissioners
FROM: David T. Harden, City Manager
DATE: January 29, 2008
SUBJECT: AGENDA ITEM 10.A. -REGULAR COMMISSION MEETING OF FEBRUARY 5, 2008
ORDINANCE NO. 38-U7 (SECONU READING/SECOND PUBLIC HEARING)
ITEM BEFORE COMMISSION
This ordinance is before Commission for second reading and second public hearing for City initiated
amendments to the Land Development Regulations (LDR) which intend to clarify the current
regulations, provide parameters, and define compatible development within the City's five (5) historic
districts and individually designated properties.
BACKGROUND
At the first reading on January ] 5, 2008, the Commission passed Ordinance No. 38-07.
RECOMMENDATION
Recommend approval of Ordinance No. 38-07 on second and final reading.
ORDINANCE NO. 38-07
AN ORDINANCF. OF THF. CITY COMMISSION OF THE CITY OF DELRAY
BEACH, FLORIDA, ADTENllING THE LAND DF.VRT.OPMEN'1'
REGULATIONS OF THF. CITY OF DELRAY BEACH BY AMENDING
ST?CTION 2.4.6, "PROCEDURES FOR OBTAINING PL:RMITS",
SUBSECTION 2.4.6(H), "CERTIFICATE OF APPROPRIATENESS FOR
HISTORIC STRUCTURES, SITES, AND IN HISTORIC llISTRICPS",
PROVIDING CLAKIFICATION OF THE REQUIREMENTS AND
PROCEDURES POR OBTAINING A CF.RTIPICA'1'E OF
APPROPRIATENESS; AMENDING SECTION 3.2.4, "STANDARDS FOR
SPECIFIC AREAS OR PURPOSES", SUBSECTION 3.2.4(F.), "HISTORIC
DISTRICTS AND S11'ES", PROVIDING FOR AND INCORPORATING THE
DELRAY BEACH HISTORIC PRF_.SF.RVATION DESIGN GUIDELINES
AND THF. SECRETARY OF THE INTERIOR'S STANDARDS FOR
REHABILITATION; AMENDING SECTION 4.1.4, "USE OP LO`T'S OF
RECORD", TO PROVIDE FOR VARIANCES; AMENDING SECTION 4.3.3,
"SPECIAL REQUIREMENTS FOR SPECIFIC USES", SUBSECTION 4.3.3(Q),
"GUEST COTTAGE",'1'O PROVIDE THAT HEIGHT SHALI. NOT E`YCEED
THAT OF THE MAIN S"1'RUCTURE IN HISTORIC DISTRICT'S; AMENDING
SECTION 4.4.17, "RESIDENTIAL OFFICE (RO) DISTRICT", SUBSECTIONS
4.4.77(A), "PURPOSE AND INTENT", AND 4.4.17(G), "SUPPLEMENTAL
llIS'fRIC'P REGULATIONS", PROVIDING PARKING REQUIREMENTS
FOR CONVERSION OF RESIDENTIAL STRUCTURES INTO OFFICE USE
IN HISTORIC DISTRICTS; A~'~1ENDING SECTION 4.4.24, "OT.D SCHOOL
SQUARE HISTORIC ARTS DISTRICT (OSSHAD)", SUBSECTIONS 4.4.24(D),
"CONDITIONAL USES AND STRUCTURES ALLOWED" ANll 4.4.24(H),
"SPECIAL DISTRICT REGULATIONS", CLARIFYING THAT PARKING
LOT'S NOT ASSOCIATED WITH A USE MUST BE PUBLIC AND
CLARIFYING SPECIAL DISTRICT REGULATIONS; AMENDING SECTION
4.5.7, "HISTORIC PRESERVATION SITES AND DISTRICTS",
SUBSECTIONS 4.5.1(B), "CRITERIA FOR DESIGNATION OF HISTORIC
SITES OR DISTRICTS", 4.5.1(E), "DEVELOPMENT STANDARDS", AND
4.5.1(L), "DESIGNATION OF HISTORIC DISTRICTS", BY CLARIFYING
THE APPLICATION OF DEVELOPMENT STANDARDS WITH RESPECP
'1'O USE, "CONING DISTRICT AND HISTORIC CLASSIFICATION; AND
AMENDING APPENDIX "A", "DEFINITIONS", TO PROVIDE A NEW
DEFINITION FOR "HARDSCAPE", AND TO PROVIDE AMENDED
DEFINITIONS RELATED 1'O HISTORIC PRESERVATION; PROVIDING A
SAVINGS CLAUSF,, A GF.NF.RAL REPEALER CLAUSF. ANll AN
EFFECTIVE DATE.
WHEREAS, the City Commission of the Ciry of Delray Beach has the authority to protect
the health, safety and welfare of its citizens; and
WHEREAS, the City Commission of the City of Delray Beach has the authority to make
regulations pertaining to land use and development within the City of Delrav Beach; and
WHEREAS, the City Commission of the City of Delray Beach believes that protecting and
preserving historic properties/districts fi~rthers its goals of promoting health, safety and welfare by
preserving the history of the Ciry Eor the welfare of future generations; and
WHEREAS, the City Commission of the City of Delray Beach desires to preserve the
property values of all land owners in historic districts and/or individually designated historic
properties; and
WHEREAS, the City Commission of the City of Delray Beach desires to clarif}' the language
in its Land Development Regulations pertaining to historic properties/districts in order to provide
guidance for those citizens that live or own property in historic properties/districts.
WHEREAS, the City Commission desires and intends for the Historic Preservation Board
to have wide discretion to limit overlay and zoning district requirements fettered by the limitations
provided in this ordinance pertaining to visual compatibility standards including but not limited to:
height, width, scale, mass, fagade, openings, rh}'thm, materials, color, texture, roof shapes direction,
lot coverage and square footage; and
WHEREAS, the City Commission desires and intends that the limitations provided in the
overlay and zoning district regulations shall serve as a maximum upper limit and these Historic
Preservation Design Guidelines codified in this ordinance shall provide additional limitations that
may be considered and applied to properties within all historic districts in the City of Delray Beach.
NOW, THERF..hORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section ]. That Section 2.4.6, "Procedures for Obtaining Permits", Subsection (H),
"Certificate of Appropriateness fox Historic Sites, Stmctures and in Historic Districts", of the Land
Development Regulations of the Code of Ordinances of the Ciry of Delray Beach, Florida is hereby
amended to read as follows:
Section 2.4.6 Procedures for Obtaining Permits:
(H) Certificate of Appropriateness for Individually Designated Historic
Structures, Sites and all Properties Located within in Historic Districts:
(1) Rule: A Certificate of Appropriateness shall be required fox the
following activities which occur on a designated historic site, designated historic
interiors, or within designated historic districts:
ORD. NO. 3f~07
(~}~ Ann development application which is processed under these
regulations for which action is required by the Site Plan Review and
Appearance Board or the Board of Adjustment; and in such case, the
Historic Preservation Board shall ace in-lieu of such Board.
~~ Any building, structure, appurtenance,
improvement, or landscape feature, which will be erected, altered,
restored, renovated, excavated, relocated, or demolished and which regards
any exterior architectural features (and interior architectural features in the
case of designated historic interiors), landscape features, or site
inrtprovements, except fox those items specifically exempted by a list
promulgated by the llirector.
~I~
aAny material change in existing walls, fences, sidewalks, hardscape
features and changes of color.
A Certificate of Appropriateness is not required fox general, occasional
maintenance of any historic building, interior, stmcture, or site, or any building or structure
within a historic district or in kind replacement of materials or colors. General, occasional
maintenance shall include, but not be limited to lawn and landscaping care and minor repairs
that restore or maintain the historic sire or current character of the building or stmcture.
General, occasional maintenance shall not include any of the activities described and deftned
in divisions (1) (a) through (1) ~~ of this Section. A Certificate of Appropriateness will
not be required for
construction, reconstmction, restoration, renovation, or demolition for any interior
alteration (except for designated historic interiors). General, occasional maintenance and
repair shall also include any ordinary maintenance which does not require a building permit
from the City.
(2) Required Information:
fbj~ Stand- 4lene Application: When an item goes before the
Historic Preservation Board or is reviewed administrativeh~ and it is not
associated with any land development application, the following information
in the form of photographs or plans shall be provided, as applicable:
3 ORD. NO. 38-07
(ej 1. Site plan and/or survey;
fdj 2. Building elevations, and/or architectural drawings,
and/or artistic sketches or renderings;
(ej 3. Landscaping plan;
(#j ~ Floor plan(s);
4gj 5. Samples of building materials and color chips;
~ 6. Engineering reports~e;
Hj 7.
llemolition Plans
8 Window and door schedule providing specifications.
to include but not be limited to_ window rvpe,
material, configuration. dimensions. and profile
drawings;
9. Photographs of all existing elevations of the subject
property. labeled with cardinal direction and address:
10. Other materials as may be x~uested by the Plannine
and Zoning Department or Historic Preservation
Board.
Also, a standard C$t~ COA application form, accompanied by payment of
a processing fee per 2.4.3(I~ must be provided.
Class I - Class V Site Plan Aoulications: Applications for
Class I- Class V Site Plans shall be submitted in accordance with Section
2.4 3 in conjunction with the applicable information required for a COA
provided in (al. above.
(3) Procedure:
l
R._...,1 „C .._._..:..,..] !' !1 4 ,. TL.,. ,.....1',.,.J,__. ,. L.,.li 1» «.1 ,.,-0,] 4_oF,.«o th
ixuot ~~iii~u~
fbjfa~ SEand--Alene Applications Reviewed by the Historic
Preservation Board: An application fora COA
ORD. NO. 307
that requires Board approval, as
provided in the COA approval matrix set forth in the Delray Beach Historic
Preservation Desin~n Guidelines. as amended from time to time. shall be
scheduled for review and action at the nest available meeting of the Historic
Preservation Board, at which time an action of approval, deers', of approval
of a modified application continuance with direction, or denial may be taken.
The Historic Preservation Board shall apply applicable ordinances. Delray
Beach Historic Preservation llesign Guidelines and the Secretar}~ of the
Interior's Standards for Rehabilitation.
(bl Administratively-Reviewed Applications: An application for
a COA which does not require approval by the Historic Preservation Board
as provided in the COA approval matrix as amendcd from time to time set
forth in the Delray Beach Historic Preservation Desis~Guidelines may be
droved administratively in accordance with applicable ordinances Historic
Preservation Design Guidelines. and the Secretary of the Interior's Standards
for Rehabilitation.
(4) Conditions: Conditions may be imposed pursuant to 2.4.4(C) and
to insure compliance with the Standards contained in 4.5.1.
(5) Findings: '`'` ° u ~°-'' m '°` `- -''- Prior to approval a finding must
be made that any Certificate of Appropriateness which is to be approved is
consistent with Historic Preservation purposes pursuant to Objective A-4 of the
Land Use Element of the Comprehensive Plan and specifically with provisions of
Section 4.5.1 the Delray Beach Historic Preservation Design Guidelines, and the
Secretary of the Interior's Standards for Rehabilitation.
Section 2. That Section 3.2.4, "Standards or Specific Areas or Purposes", Subsection
3.2.4(E), "Historic Districts and Sites", of the Land Development Regulations of the Code of
Ordinances of the City of Delray Beach, Florida, is hereby amended to read as follows:
Section 3.2.4 Standards for Specific Areas or Purposes:
(E) Historic Districts atad-Sites: That the proposed development is consistent
with the purpose and provisions of the Historic Preservation Overlay District pursuant to
hDR Section 4.5.7. and the Delray Beach Historic Preservation Design Guidelines and the
Secretary of the Interior's Standards for Rehabilitation.
Section 3. That Section 4.1.4, "Use of Lots of Record", of the Land Development
Regulations of the Code of Ordinances of the City of Delray Beach, Florida, is hereby amended to
read as folows:
Section 4.1.4 Use of Lots of Recotd: Any lot, or parcel, which qualifies as a lot of record
as set forth in these Regulations, but which does not comply with respect to minimum lot area and
5 ORU. NO. 38-07
minimum lot dimensions speciEed for the zoning district in which it is located, may nevertheless be
used (for purposes as allowed in that zoning district), as long as it complies with all other
requirements of that zoning district, subject to the following limitations:
(A) lluplex and multiple family structures may not be constructed on a lot which
has an area less than that provided for as the minimum lot area within the zoning district.
(B) A residential structure shall not be constructed on any lot, within a residential
zoning district, which has frontage of less than Efty feet (50~. However, this provision shall
not prevent construction of a residential structure on a Single Family Lot (or Parcel) of
Record which conforms with all other aspects of minimum lot size requirements but which
has no frontage. Further, such a Lot of Record with no suitable access may achieve private
access for a single family residence and similar uses by means of a nonpublic (private) access
easement.
(C) Except for single family residences subject to the R-1-A (Single Family
Resideneial) zoning district standards, if two (2) ox more adjoining lots (or combination of lots
and portions of lots) of record were under the same ownership as of October 18, 1994, and if
the total frontage and the total area is equal to or greater than that which is required by the
zoning district regulations, said property shall not be developed except in accordance with the
minimum frontage and lot arca requirements of the district Ownership shall be determined
by the property tas rolls on file in the Palm Beach County Property Appraisers Office as of
October ]8, 1994.
Notwithstanding the above, a waiver to this requirement may be granted by
the City Commission pursuant to the provisions of LDR Section 2.4.7(B). Notice of the
request shall be provided pursuant to Section 2.4.2(B)(1)(n) to the owners of all property
located within Eve hundred feet (500') of the perimeter of the property on which the waiver is
being sought. The notice shall be mailed no later than ten (10) calendar days prior to the
meeting before the City Commission.
For properties located within designated historic districts, or designated as
historic sites, or properties listed on the Local Register of Historic Places, the Historic
Preservation Board shall review the request prior to the City Commission meeting and shall
forward its recommendation on the request to the City Commission. Notification of the
request shall be as described above, except that the mailing of the notices shall occur no later
than ten (70) calendar days prior to the meeting before the Historic Preservation Board.
(D) \X/ithin the R-1-A, RL and RM zorilng districts, lots of record having at least
forty (40) feet of frontage may be used for Workforce Housing, as long as the workforce
housing unit meets the typical designs represented by the sketches set forth in Section
4.7.12(a), the lot is a minimum of 4,000 square feet and conforms to setbacks; provided,
however, the minimum side setback may be reduced to a minimum five feet (5') if necessary
to accommodate the designs set forth in Section 4.7.12(a) and meets other development
standards in the zoning district. The Workforce Housing unit on a lot with frontage as herein
6 ORD. N0.38-07
described must include rear access via an alley, if available. The unit must also contain design
feamres such as, but not limited to, front porches, eyebrows, outriggers, gables, dormers,
arbors, trellises, shutters, balconies, decorative vents, siding, textured stucco finishes,
undulating facades and other such appropriate architectural features.
(Fl Variances for lot size, dimensions and frontage. and building setbacks and
minimum floor area may be granted for the relocation of a historic structure onto a lot in
order to protect the structure If the relocation lo[ is not individually designated historic or
located within a historic district. then an individual historic designation shall be required in
accordance with Section 4 5 1(C~ and shall be reviewed concurrently therewith in order for a
variance to be granted All variance requests for relocation of historic structures must be
submitted to the Historic Preservation Board in accordance with Sections 4.5.1 (D) and )
for consideration.
Section 4. That Section 4.3.3, "Special Requirements fox Specific Uses", Subsection
4.3.30, "Guest Cottage", of the Land Development Regulations of the Code of Ordinances of the
City of Delray Beach, Florida, is hereby amended to read as follows:
(Q) Guest Cottage
(1) Can only be used by members of the famil}' occupying the principal
dwelling, their nonpaying guests, or persons employed fox service on the premises.
(2) The guest cottage a„-,:?::e shall not occupy more than 1/20`" of the
lot area and in no case shall exceed a floor area of 700 square feet.
(3) T'he stmcture shall be located to observe the setback requirements as
imposed fox the principal stmcture.
(41 When located on individually designated historic properties or within
designated historic districts, the structure shall not exceed the hei¢ht of the principal
strucmxe
Section 5. That Section 4.4.17, "Residential Office (RO) District", Subsections
4.4.77(A), "Purpose and Intent" and 4.4.17(G), "Supplemental District Regulations", of the Land
Development Regulations of the Code of Ordinances of the City of llehay Beach, Florida, are hereby
amended to read as follows:
Section 4.4.17 Residential Office (RO) District:
(A) Purpose and Intent: The Residential Office (RO) District provides fox
mixed use of a neighborhood office and residential nature. The RO District is appropriate as:
(1) A transitional land use between a commercial or industrial area and a
residential area.
ORD. NU. 38-07
(2) An incentive zoning in older residential areas which axe in the need
of redevelopment or revitalization or are in a state of transition.
(3) To accommodate professional offices which will meet needs of
nearby neighborhoods.
(4) An incentive zoning designation for historic districts and/or
individually designated historic prooexti~s to provide for the rehabilitation of
residential structures into office use.
(G) Supplemental District Regulations: The supplemental district regulations
as set forth in Article 4b shall apply except as modified and added pursuant to the following:
(1) All uses shall be in completely enclosed buildings and any outdoor
storage is expressly prohibited.
(2) Parking required for business and professional offices shall be at the
standard of one space per three hundred square feet of total floor area (1/300).
However, this requirement may be reduced to 1/400, or at least b}' one parking
space, when there is a mix of residential and office use in the same structure or Eor
an existing structure on a property located within a designated historic district or an
individually designated historic site.
Section 6. That Section 4.4.24, "Old School Square Historic Arts District (OSSHAD)",
Subsections 4.4.24(D), "Conditional Uses and Structures Allowed" and 4.4.24(H), "Special District
Regulations", of the Land Development Regulations of the Code of Ordinances of the City of
Delray Beach, Florida, are hereby amended to read as follows:
Section 4.4.24 Old School Square Historic Arts District (OSSHAD)
(D) Conditional Uses and Structures Allowed: The following uses are allowed
as conditional uses within the OSSHAD:
(1) Outdoor dining which operates at night or which is the principal use
or purpose of the associated restaurant.
(2) Adult Congregate Living Facilities, Residential Licensed Service
Provider Facilities subject to restrictions set forth in Section 4.3.3(D), Child Caxe,
Adult Day Care, Continuing Care, Convalescent Homes, and Nursing Homes.
(3) Public Parking lots not associated with a use.
(4) Residential-type inns, not to exceed more than eighteen (18)
individually leased suites ox rooms per acre.
(5) Group Home, Type 2, and Community Residential Homes, pursuant
to restrictions set forth in Section 4.3.3(I).
8 ORD. NO. 38-U7
(H) Special District Regulations:
(1) The gross floor area of residential units within a semeture containing
permitted non-residential use(s) shall not zuse exceed mor;~ an 50°/0 of the gross
floor area of [he entire structure within which they are located.
(2) Residential uses shall comprise no less Than 10% of the uses in the
OSSHAD District as expressed by the exclusive use of individual parcels, other than
condominium ownerships. The existence of an occupational license, except for one
issued for a home occupation, shall establish that such a parcel is non-residential.
(3) Residential-type inns shall create a transitional or buffer area between
residential uses and non-residential uses (such as office, commercial, etc.) which are
either on ox near the subject property.
(4) A residential-type inn shall be associated with an historic stmcture
and must be residential in design, scale and character.
(5) Catering services cannot exceed 2,000 sy. ft. of total floor area and
shall not have overnight storage of more than two vehicles, which shall not exceed 1-
1/2 ton capacit}'~
(6) 24-Hour ox late night businesses as defined herein must be processed
as a conditional use and are subject to the provisions of Section 433(VV).
(7) Duplex structures must have an integrated design to give the
appearance of a single family dwelling.
Section 7. That Section 4.5.1, "Historic Preservation Sites and Districts", Subsections
4.5.1(B), "Criteria fox Designation of Historic Sites ox Districts", 4.5.1(F), "Development
Standards", and 4.5.1(L), "Designation of Historic Districts" of the Land Development Regulations
of the Code of Ordinances of the City of Delray Beach, Florida, axe hercbv amended to read as
follows:
Section 4.5.1 Historic Preservation Sites and Districts:
(I3) Criteria for Designation of Historic Sites or Districts
(1) To qualify as a historic site, es-historic district, hisroric structure. ox
historic interior, individual properties, structures, sites, or buildings, or groups of
properties, structures, sites, or buildings, must have significant character, interest,
ox value as part of the historical, cultural, aesthetic, and architectural heritage of
the city, state, or nation. 'fo qualify as a historic site~ee historic district ox historic
structure, the property or properties must fulfill one or more of the criteria set forth
in division (2) or (3) below; to qualify as a historic interior, the interior must fulfill
one or more of the criteria set forth in division (2) and meet the criteria set forth in
9 ORD. NO. 38-07
divisions (3) (b) and (3) (d).
(2) A building, structure, site, interior, or district will be deemed to have
historical or cultural significance if it meets one or more of the following criteria:
(a) Is associated in a significant way with the life or activities of a
major person important in city, state, or national history (for
example, the homestead of a local founding family);
(b) Is the site of a historic event with significant effect upon the
city, state, or nation;
(c) is associated in a significant way with a major historic event,
whether cultural, economic, social, military, or political;
(d) Exemplifies the historical, political, cultural, economic, or
social trends of the community in history; or,
(e) is associated in a significant way with a past or continuing
institution which has contributed substantially to the life of
the city.
(3) A building, structure, site, or district is deemed to have
architectural ox aesthetic significance if it fulfills one or more of the
following criteria; except that to qualify as a historic interior, the interior
must meet the criteria contained within divisions (3)(b) and (3)(d):
(a) Portrays the environment in an era of history
characterized by one or more distinctive architectural
styles;
(b) Embodies those distinguishing characteristics of an
architectural style, period, ox method of construction;
(c) Is a historic or outstanding work of a prominent
architect, designer, landscape architect, or builder; ox
(d) Contains elements of design, detail, material, ox
craftsmanship of outstanding quality or which
represented, in its time, a significant innovation or
adaptation to the South Florida environment.
(4) t1 building, structure, site, interior, or district will be deemed
to have historic significance if, in addition to or in the place of the
10 ORD. NO. 38-U7
previously mentioned criteria, the building, stxuctare, site, or zone meets
historic development standards as defined by and listed in the regulations of
and criteria fox the National Register of Historic Places, as prepared by the
United States Department of the Interior ;~~ under the Historic
Preservation Act of 7966, as amended. A copy of these standards fox the
National Register is made part of this section as if fully see forth herein.
(E) Development Standards: All development regardless of use within
individually designated historic properties and/or properties located within historic districts,
whether contributing or noncontributing, residential or nonresidential, shall comply with the
goals ohjecdves. and policies of the Comprehensive Plan. these regulations. the Delray Beach
Historic Preservation Design Guidelines, and the Secretary of the Interior's Standards for
Rehabilitation.
(]) Exterior Architectural Features. For the purpose of this Section,
exterior architectuea] features will shall include, but not be limited to the following:
(a) "Phe architectural style, scale, general design, and general
arrangement of the structure's exterior;
(b) The type and texture of building material; and
(c) The type and style of all roofs, windows, doors, and signs.
(r21 Major and Minor development: Fox pumoses of this section major
and minor development standards shall he applied as noted in the following table:
Review Type by Use and Zoning District
Modification of Non-Conrcibming
Zn~ine
Di
W S~`c Nav
C
v
ti hlodificarion of Connibming SVmaures &ruc rnres
a
a ons
nc
on Under 25% Ovcr 25% Unda 25%. Over 25%
CBD&GF JIuhlFamll. .A9nn AIino Afm Mlno AI-n r
-- Con-Rc.idcmi~l ,AIln Alin AIln A11n Min
R-1-A R-0-M Sin "IC Yamil- Du Ira ;1fa'ur Afm dlnor M'm.,r ~Ua ov
RO OSSFIAD Stuln-Family Ala' r Allni dt,i or Af nn X11. or
RI & RM V ~ t Rcfdrn ~I Na nr Jilnn Sfa r r Ntni ,A1a'or
otes:
1. ~Ild ~1p t ~ 1''i 'll~g t 1~~u~'~ 11- ~gd'~rri ts' M1T
2. All i ~ I p t ~p i ~ [h (~SSH AU dar c wh' h are subject m CBD rejrulations pu[manr to Sut i>n 4 4 24B1 fl21
is Miaor.
development, regardless of use, in the Residential OfFce (ROl
zoning district.
11 ORD. N0.38-07
(bl Major development shall be considered:
1. New construction in all historic districts except CBD
and CF zoned properties and propertiedzoned
OSSHAD subject to CBD design guidelines; or ,
2. The construction, reconstruction or alteration of in
excess of twent;~-five percent (25%) of the existing
floor area of the building, and all appurtenances,
except fox pxonexties zoned CBD or CF and
properties zoned OSSHAD submit to CBD designs
guidelines. Fox purposes of this section, all limitations
and regulations shall be reviewed in a cumulative
manner from the date of passage of this ordinance in
2008: or,
3. The construction. reconstruction or alteration of anv
bait of the front facade of an existing contributing
residential ox non-residential semcmre and all
appurtenances, except fox properties zoned CBD ox
CF and pxoberdes zoned OSSHAD subject to CBD
designs ~uideli~es. ForFor purposes of this section. all
limitations and regulations shall be reviewed in a
cumulative manner from the date of passage of this
ordinance in 2008.
(~ Minor development shall be considered:
1. All new construction in all historic districts on
probexty zoned CBD and CF as well as all prop_~rties
in the OSSHAD zoned district subject to the CBD
design guidelines; or.
2 All modifications to existing contributing and
noncontributing strucmres in all historic districts on
property zoned CBD and CF as well as all propTrties
in the OSSHAD zoning district subject to the CBll
Design Guidelines; or,
3. The construction, reconstruction. or alteration of anv
part of the front facade of an existing noncontcibutine
residential or non-residential structures and all
appurtenances: ox,
12 ORD. NO. 38-07
4 The eonstruceion reconstruction. ox alteration of less
than twent~~-five percent j25%1 of the existing floor
~ixea of the building and all appurtenances. For
purposes of this section all limitations and regulations
shall be reviewed in a cumulative manner from the
date of passage of this ordinance in 2008
5 Any changes to Individually Historically Designated
prooexties whether already on site or newly
designated to help facilitate the move of a historic
stmcture into a historic district
{~)(3) Buildings Structures. Appurtenances and Parkine.''"'-~-~~"~'- ~
Buildings structures. appurtenances and parking shall only be moved, reconstructed,
altered, or maintained, in accordance with this chapter, in a manner that will preserve
the historical and archimemral character of the building, structure, site, or district-.
~~ unnnrru^rnrrnnr~ce» Appurtenances: Appurtenances
includes, but is are not limited to, stone walls, fences, light
fixtures, steps, paving, sidewalks, signs, and accessory
S[rUCYUTeS.
1. Fences and Walls:
a Chain-link fences shall be clad in a green or
black vinyl and shall only be used in rear yards.
or where they are not visible from the street.
b Swimmingpool fences shall be designed in a
manner that integrates the layout with the lot
and structures without exhibiting a utilitarian
or stand-alone appearance.
c Fences and walls over four feet (4') shall not be
allowed in front or side street setbacks.
d All other provisions in Section 4.6 5 shall
aboly
2 Garages and Carports:
a The following compatibility standards shall
apph' for major development, where
13 ORD. NO. 38-07
applicable:
i Garages and carports are encouraged
to be oriented and entered from the
side or rear and out of view from the
public right of wa~However, if this is
not possible, the orientation of earaees
and carports shall be consistent with
the majority of such structures within
the district.
ii. Garaee doors should be desiarted to be
compatible with the architectural style
of the pxinc~al structure and include
individual openings for vehicles rather
than two car expanses of doors. Metal
hvo car garaee doors are discouraeed.
bU Parking:
1 Where feasible. alternative methods of meetine
minimum parking standards contained in Sections
4 6 9(C'~(8) and/or 4.6 9(~E . as applicable, shall be
explored to avoid excessive use of historic propTrties
and/or properties located in historic districts fox
parking_Parking lots shall strive to contribute to the
historic nature of the properties/districts in which they
axe located by use of creative design and landscape
elements to buffer parking areas from historic
structures At a minimum. the following options shallshall
be considered:
a Locate parking advent to the buildi~ or in
the rear.
b. Screen parking that can be viewed from the
public right-of-way with fencing, landscabine,
or a combination of the nvo pursuant to
Section 4.6.5.
c. Utilize existing alleys to provide vehicular
access to sites.
d. Construct new curb cuts and street side
driveways only in areas where they are
appropriate or existed historically.
14 ORD. NO. 38-07
e Use appropriate materials for drivewavs such
as concrete poured in ribbons.
f. Avoid wide drivewavs and circular drives.
2 Waivers may be granted by the Historic Preservation
Board for relief from the number of parking spaces
re~cuixed in Sectio^ 4 6 9 upon presentation of
confirmation that adequate parking for a proposed use
may be achieved b~alternate means which are found
to be in keepin~vith the provisions and intent of the
llelray Beach Historic Preservation Design Guidelines.
F3j l~ Alterations. In considering proposals for alterations to the exterior of
historic buildings and stmcmxes and in applying development and preservation
standards, the documented, original design of the building may be considered, among
other factors.
{aj ~ Standards and Guidelines. A historic situ building, stmcture, sits
improvement, or appurtenance within a historic district shall only be altered, restored,
preserved, repaired, relocated, demolished, or otherwise changed in accordance with
the Secretar}' of the Interior's Standards for Rehabilitation and the llelra}' Beach
Historic Preservation Design Guidelines, as amended from time to time.
(-~ l~ Relocation. Relocation of historic buildings and stmctures to other
sites shall not take place unless it is shown that their preservation on their existing or
original sites is not consistent with the purposes of this Section or would cause undue
economic hardship to the property owner.
4Fij ~7 Demolition. Demolition of historic situ or archaeological sites, or
buildings, structures, improvements, and appurtenances within historic districts will
shall be regulated by the Historic Preservation Board in the manner described in
Section 4.5.1(I). Demolition of any stmcmre whether contributing or non-
contributing shall not occur until a building permit has been issued for the HPB
that in which it existed at time of application unless the Chief Building Official
deternvnes that an unsafe building condition exists in accordance with Section 4.5.1(Gl.
~ o ,.G ~_
~t~~r. _a....a,. ..~ ,.t.,. .t.o ~ t
r i i .~ o ..
15 ORD. NO. 38-07
` '
(S) Visual Compadbiliry Standards. New construction and all ,Q}l
improvements to both contributing and nonconenbuting buildings, stnstures and
appurtenances thereto within a designated historic district ox on an individually
designated prooTrh~ shall be visually compatible. In addition to the "Lonina District
Reeulations, the Historic Preservation Board shall apply the visual compatibility
standards provided fox in this Section with regard to height, width, mass. scale, facade.
openings, rhythm, material, color, texture, roof shape, direction. lot coverage. and
square footage. and other criteria set forth elsewhere in Section 4.5.1. Visual
compatibility for minor and major development as referenced in Section 4.5.1(El(21
shall be determined by utilizing criteria contained in a(~-1ml below. Visual
compatibility for all development on individually designated properties outside the
district shall be determined by comparison to other structures within the site.
(a) Height: The height of proposed buildings ox modifications
shall be visually compatible in comparison ox relation to the
height of existing structures and buildings in a historic district
for a]] major and minor development. For major development.
visual compatibility with respect to the height of residential
structures, as defined by 4.5.1~E)(21(al, shall also be
determined through application of the following
]. Building Height Plane (BHP): The building height
plane technique sets back the overall height of a
building from the front nronerty line.
a. The buildine height plane line is extended at an
inclined angle from the intersection of the
front ,~a~ rd_property line and the average evade
of the adjacent street along the lot frontage.
The inclined angle shall be established at a nvo
to one ~ ratio See Illustration below.
16 ORD. NO. 35-07
i
zi .~ -a
.ill ~/,.' ~a
i
i
i ,
~ i rEz
AaG
BI:ILOING HEIGMt PLFlNc
~'- 2a RA~i;_',
b. A structure relocated to a historic district or to
an individuallydesignated historic site shall be
exempt from this re~uixement
2 First Floor Maximum Height:
a Single-stox}! or first floor limits shall be
established bv:
i Height from finished floor elevation to
top of beam (tie or bond) shall not
exceed fourteen feet (14~.
ii Mean Roof Height shall not exceed
eiehteen feet (18'L
iii A~ ooxtio~ nexceedin~ the dimensions
described in i. and ii above shall be
considered multi-story structures.
iv See illustration below:
77
12 ROOP PITCH MRY YAM
.~.... _ -. ti.... ~~~ ROOF HT.
`' .-'i
'~ ~ - TOP ilF BERM
4
'w
B °v
i
RIF~FI)~Q.38-07
v. Sections i. and ii.. above maybe waived
by the Historic Preservation Board when
appropriate- based on the architectural s ,ale of
the buildine.
3. Upper Story Height:
a. Height from finished floor elevation to
finished floor elevation or top of beam (tie or
bond) shall not exceed twelve feet (1~.
(b) From Facade Proportion: The front fa4ade of each building
or stmcture shall be visually compatible with and be in direct
relationship to the width of the building and to the height of
the front elevation of other exlsdne
structures and buildings within a the subiect historic district.
c) Proportion of Openings (Windows and Doors): The
openings of any building within a historic district shall he
visually compatible with the openings exemplified by the
prevailing historic architectural styles of similar buildings
within the district. The relationship of the width of windows
and doors to the height of windows and doors among
buildings --- `'-~---"'-'-iet shall be visually compatible within
the subject historic district.
(d) Rhythm of Solids to Voids;-~'---: The relationship
of solids to voids ~- `'-° `-~-` `°a°~'2 of a building or structure
will shall be visually compatible with `'-° r-_.,- r___a _ _r
existing historic buildings or structures within the subiect
historic district fox all development with particular attention
baid to the front facades.
(e) Rhythm of Buildings on Streets: The relationship of
buildings to open space between them and adjoining buildings
shall be visually comparible with the relationship between
exi~tine historic situ buildings; ox structures within a the
subiect historic district.
(~ Rhythm of Entrance and/or Porch Projections: The
relationship of entrances and porch projections to the
sidewalks of a building shall be visually compatible with the
prevalent e~dsrine architectural styles of entrances and porch
]8 ORD. NO.38-07
projections on exit historic sites,-buildings; and structures
within a the subiect historic district fox all develop ent.
(g) Relationship of Materials, Texture, and Color: The
relationship of materials, texture, and color of the facade of a
building and/ox hardscaping shall be visuall}' compatible with
the predominant materials used in the histoxic~ites; buildings;
and stmetures within a the submit historic district.
(h) Roof Shapes: The roof shape including type and slobe. of a
building or structure shall be visually compatible with the roof
shape of existine ~historic~ite buildings, or structures within
the subject historic district. The roof shape shall be
consistent with the architectural style of the building.
(i) Walls of Continuity:
se~h--as wWalls, err, fences, evergreen landscape
masses, or building facades, shall form cohesive walls of
enclosure along a street to iensure visual compatibility with a€
tke-l~ildtr~g-tomhistoric buildings; or structures,-~t~; within
ehe mbject historic district and the structure to which it is
visually related.
~j) Scale of a Building: The size of a building; and the building
mass in relation to open spaces, windows, door openings,
balconies,-~tl porches and lot size shall be visually compatible
with the building size and build mass of historic situ
buildings; and structures within a historic district fox al]
development To determine whether the scale of a buildine is
appronriateT the following shall apply fox major development
o~lv:
1 For buildings wider than sixty~ercent (60°/) of the lot
width, a boxtion of the front facade must be setback a
minimum of seven (7) additional feet from the front
setback line:
a Lots six[y-five (651 feet ox less in width axe
exempt from this requirement
b To calculate how much of the building width
must comply with this provision multiply the
lot width by 40% and subtract the required
minimum side setbacks (example• 100' lot
79 ORD. NO. 38-W
width x 40% = 40' - 75' side yard setbacks =
2~
c An}' part or parts of the front facade may be
used to meet this requirement.
d See illustration be]oFV:
e. If the entire building is set back an additional
seven (7~ feet, no offset is required.
2 Fox buildings deeper than fift~pexcent (50%~of the lo[
depth, a portion of each side facade. which is greater
than one story hieh, must be setback a minimum of
five (5,1 additional feet from the side setback line:
a. To calculate how much of the buildine depth
must comply with this provision, multiply the
lot depth by fifty~ercent (50%) and subtract
the required minimum front and rear setbacks
(example 120' lot death x 50% = 60' 25'
front yard setback - 10' rear setback = 25'1.
b Any~art or parts of the side fa4ades may be
used to meet this requirement.
c. See illustration below:
20 ORD. NO. 38-07
d. If the entire building is see back an additional
five U feet from the side. no offsets are
reouired on that side.
3 Porches may be placed in the offset~oxtion of the
front or side facades. provided they axe completely
open except for supporting columns and/or railings.
(k) Directional Expression of Front Elevation: A building shall
be visually compatible with the buildings, stmcmres, and sites
as within a historic district fox all development with regard to
its directional character, whether vettical; or horizontal-er
~~.
(Il Architectural Style: All moor and minor development shall
consist of only one (11 architectural style per structure or
rop perry and not introduce elements definitive of another std
(ml Additions to Individually Designated Properties and to
Contributing Structures in all Historic Districts. Visual
compatibility shall be accomplished as follows:
1 Additions shall be located to the rear or least public
side of a building and be as inconspicuous as possible.
2. Additions or accessory structures shall not be located
in front of the established front wall plane of a historic
buildine.
3 Characteristic features of the original building shall not
21 ORD. NO. 38-07
he destro}red or obscured.
4 Additions shall be designed and constructed so that the
basic form and character of the historic building will
remain intact if the addition is ever removed.
5 Additions shall not introduce a new architectural style.
mimic too cbselll the st~of the existing building nor
replicate the original design but shall be coherent in
design with the existing building.
6 Additions shall be secondary and subordinate to the
main mass of the historic building and shall not
overwhelm the original building.
'1 L Tl B 1. T] ...............: ~.I !',~....,....... .. TF__..,.I C,.:.] T,f_....,.1 ...:11
otherwise satisfy the Visual Compatibilirw Standards outlined in Section 4.5.1(El(81.
incentives fox development shall include the followin~•
a Open Air Spaces• The ratio of the Building Height Plane
~BHP~can increase from two to one (2.1) to tvo to one and a half
~2~1 5) for open air spaces limited to: first or second floor front
porches jsenarado~ must bemust be provided between floors) first or second
floor side porches se axation must be provided between floorsl.
balconies and overlooks with open xailing~see illustration below): and
b Front Elevation• Up to twenty five percent (25%) of the
front elevatio~sl can extend above the Building Height Plane BHPI
22 ORD. NO. 38-07
llVIL0146 NEIOHT MANE XOHYH ($ft1fJ ELE VA I'ILIN
to a maximum height of thirty five feet (~, brovided twenty five
percent (25%1 ox more of the front elevation(sl remains one (71 story
as defined by LDR Section 4.5.1 (E)j8)(a)(2~ The total width of
extension shall not escced eighteen feet fl~ along the front
elevation(. See illustration below.
MA%
T
~.2
:.. RgTTb f
~
i
---•-
_-1= ALLOwEO A80v F. BeP.
NOT TO [Xff FO 35' MA%
^~=taU5T BE Ux0[H 9MP
~= 25tb OR tdOR£ OF FgbNT
FACf~OE(&) AMUST REhfAIR
1 SYURY
FRONT VIEW
(1,) Designation of Historic Districts: The following Historic Districts are
hereby affirmed ox established:
(1) TlztrNASSAU STREET which consists
of Lots 2-19 of Nassau Paxk, as recorded in Plat Book 16, page 67 of Palm Beach
County, Florida; Lots 1-12 of Wheatley Subdivision, as recorded in Plat Book 16,
page 98 of Palm Beach County, Florida; and Block E, Lot 4 and Block F, Lot 1 of
John B. Reid's Village as recorded in Plat Book 27, page 95 of Palm Beach County,
Florida. (Original designation by Ordinance 97-87 adopted on January 12, 1988)
(2) TF~ITs MARINA $IS'FR-I6'F which consists of Block 125,
excluding the south 350' of the north 488.6' of the west 100' of Block 125; along
with that part of Block 133 lying west of the Intracoastal Waterway, together with
the east half of Block 118, along with all of Block 126, together with that portion of
Block ] 34 lying west of the Intracoastal Waterway, along with east half of Block ] 19,
together with all of Block ] 27, along with the east half of Block 120, and all of Block
128, all within the Town of Linton Plat, as recorded in Plat Book 1, Page 3, Palm
Beach County Records (Original designation by Ordinance 156-88 adopted on
llecember 20, 1988)
23 ORD. NO. 38-07
SIDE VIEW
(3) DEL-IDA PARK which consists of Blocks 1 through 13, inclusive,
along with Tracts A, B, and CDEL-IDA PARK, according to the Plat thereof on file
in the Office of the Clerk of the Circuit Court in and fox Palm Beach County,
Florida recorded in Plat Book 9 at Page 62.(Original designation by Ordinance 9-88
adopted on March 22, 1988)
(4) OLD SCHOOL SQUARE which consists of the south one-half of
Block 57 and Blocks 58-62, Blocks 65-7Q the west half of Blocks 74 and 75, and
Lots 1-6 of Block 76, Town of Linton Plat, as recorded in Plat Book 1, Page 3, Palm
Beach County Records. (Original designation by Ordinance 1-88 adopted on
February 9, 1988).
(5) ~'HE WEST SETTLERS vTeT~urr` r~rcmnrr-T js bounded on
the north h}' Martin Luther King, Jr. Boulevard (N.W. 2nd Street). The eastern
boundary is as follows: the alley running north and south in Block 43; N.W. 3rd
Avenue between N.W. 1st Street and the east-west alley of Block 36. The southern
boundary is N.W. 1st Street between N.W. 3rd Avenue and the alley in Block 43; the
east-west alley in Block 36 and Block 28 and the south property line of Lot 13, Block
20. The western boundary is the ^orrh-south alley and the eastern one-half (1/2) of
the block south of the alley of Block 19; the north-south alley in the north half of
Block 20.
Section 8. That Appendix "A", "Definitions", of the Land Development Regulations of
the Code of Ordinances of the City of Delray Beach, Florida, is hereby amended as follows:
CONTRIB VTINV yyV TT TIT~~~.~ ~]~1~~~(1T~iTDTQT~~iTi~TAio
STRUCTURE (Also referred to as a Historic Structure: A stmcmre which adds to the
historical architectural qualities, historic associations, or archaeological values fox which a
district is significant because it was present during the period of significance of the district
possesses historic integrity reflecting its character at that time, is capable of yielding important
information about the period, or independently meets the National Register of Historic Places
criteria for evaluation.
HARDSCAPE -Consists of the inanimate elements of landsca~g_especially masonry or
wood work such as concrete or brick patios and pool decks, file paths and wooden decks.
HISTORIC SITE (Also referred to as Individually Designated Site/Pxoperty~: Any site,
building, stxucmxe, feature, or improvement which has been designated as a historic site and
which may be located outside of a designated historic district.
HISTORIC SITE SURVEY: A comprehensive survey
24 ORll. NO. 38-07
;c7 designed to identify, research, and document building sites, and structures of any
historic, cultural, architecmral, or landmark importance in the city. "T''-~4~°~; ,which may be
compiled in cooperation with state and local public and non-profit historic
preservation organizations' ° '~~-'~~°°~•~~ •~~°«°rt.
NON-CONTRIBUTING ad-7rT~rdo STRUCTURE (Also referred to as aNon-historic
Structurel' A structure which does not add to the historic architectural qualities. historic
associations or archaeological values for which a district is significant because it was not
present during the period of st~onificance of the district due to alterations disturbances.
additions oe other changes it no lonoer possesses historic integrity reflecting its character at
that time or is incapable of yielding important information about the period ox it does not
independently meet the National Reeister of Historic Places criteria for evaluation. keg
...oi......... ...,..,... t.....,..y ... ... .~».......b ......... ..... .............y ...,.,.5.., .._.._..b __..,,
,.C .1.~ L_ '1.1:_.. t_,.~ L.°°_.: _,.1_I_ I,.~. zc.iivanv , un~ ~..~ v..,~..,,
Section 9. That should any section ox 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 70. That al] ordinances or parts of ordinances in conflict herewith be, and the
same are hereby repealed.
Section 17. That this ordinance shall become effective immediately upon its passage on
second and final reading.
PASSED AND ADOPTED in regular session on second and final reading on this day
of , 2008.
MAYOR
AZTEST:
City Clerk
First Reading
Second Reading
25 ORD. NO. 38-07
MEMORANDUM
TO: Mayor and City Commissioners
FROM: Ronald R. Hoggard, Jr., AICP, Principal Planner
Paul Dorling, AICP, Director Planning and Zoning
THROUGH: City Manager
DATE: January 9, 2008
SUBJECT: AGENDA ITEM 10.A -REGULAR COMMISSION, MEETING OF JANUARY 15, 2008
ORDINANCE NO. 38-07 (FIRST READING/FIRST PUBLIC HEARING)
ITEM BEFORE COMMISSION
Consideration of City-initiated amendments to the Land Development Regulations which intend to
clarify the current regulations, provide parameters, and define compatible development within the
City's five (5) historic districts and individually designated properties.
BACKGROUND
The primary purpose of the amendments is to clarify the intent of the existing regulations and
guidelines, while objectively evaluating the compatibility of proposed new development with both
historic and non-historic development. The objective criteria will help both the public and the Historic
Preservation Board to determine what will be considered compatible development.
The City Commission reviewed the proposed Ordinance on January 3, 2007 at first reading and
continued the item with direction that the visual compatibility standards dealing with lot coverage and
number of stories be eliminated. This has been completed and the revised Ordinance is now back before
the Commission for first reading.
In summary, the proposed amendments include "regulatory tools" to more clearly define what will be
considered visually compatible development within the five historic districts and on individually
designated sites. Visual compatibility will be determined by utilizing the specified "Visual
Compatibility Standards" as contained in LDR Section 4.5.1(E)(8)(a-m). These standards include new
"tools" which deal with compatibility. Standards designed to provide compatibility with respect to scale
of all major development require offsets in the front facades for larger buildings. This reduces the
impact of the structure on the historic streetscape and adjacent properties.
Additional standards for residential uses (single family, duplexes and multifamily in all historic districts
and all development, regardless of use, in the Residential Office (RO) zoning district), which are
classified as "Major Development", include a "Building Height Plane" calculation to provide a way of
setting back the second story wall plane from the foremost wall plane on the firs[ story, which will
provide impact relief along the streetscape and required offsets in the side facades have been added for
larger buildings with two or more stories. A "First Floor Maximum Height" has been added which
determines that the height from finished floor elevation to the top of the beam shall not exceed fourteen
feet (]4'), while the mean roof height shall not exceed eighteen feet (18'). Residential structures with
heights exceeding these limitations will be considered and reviewed as multi-story.
Two "Visual Compatibility Incentives" are also proposed for all residential development applications
which require compliance with the visual compatibility standards. First, the "Building Height Plane"
ratio, which is specified as 2:1 within the "Visual Compatibility Standards," may be increased to 2:1.5 if
open air spaces (porches, balconies, overlooks with open railings) are provided on the first or second
floors, with a separation provided between floors on the front and/or sides. Second, up to 25% of the
front elevation may extend into the "Building Height Plane (BHP)" provided that at least 25% of the
front elevation remains one-story. The width of the portion extended into the "BHP" may not exceed a
width of eighteen feet (18').
Additional proposed LDR revisions provide clarification that in addition to the zoning district
regulations, the Historic Preservation Board may apply other standards to achieve visual compatibility
within the City's historic districts. A new "Visual Compatibility Standard," titled "Architectural Styles,"
has also been added, which requires all development proposals to be consistent with one architectural
style and not introduce various elements from different styles within one development. Finally, the
language within the existing Delray Beach Historic Preservation Design Guidelines, which provides
guidance towards the appropriate design of additions, has been added as a "Visual Compatibility
Standard." A complete summary of the changes is included in the attached Planning and Zoning Staff
report.
REVIEW BY OTHERS
• The Downtown Development Authority (DDA) reviewed the amendments at its December 1Q 2007
meeting and unanimously recommended approval.
• The West Atlantic Redevelopment Coalition (WARC) reviewed the amendments at its December 12,
2007 meeting and unanimously recommended approval.
• The Community Redevelopment Agency (CRA) reviewed the amendments at its December 13, 2007
meeting and unanimously recommended approval.
• The Planning and Zoning Board considered the amendments at its December 3, 2007 meeting, and
continued the item. On December 17, 2007, the Board unanimously recommended approval (5 to 0) of
Ordinance 38-07, by adopting the findings of fact and law contained in the staff report and finding that
the request is consistent with the Comprehensive Plan and meets criteria set forth in Section 2.45(M) of
the Land Development Regulations.
• The Historic Preservation Board (HPB) considered the amendments at its December 6, 2007 meeting,
and continued the item. The Board recommended approval of the Ordinance by a 4 to 1 vote on
December 19, 2007.
Since both the Planning and Zoning Board and the Historic Preservation Board originally continued the
item, staff was able to present the proposed ordinance at their meetings highlighting the initial
differences supported by the two Boards. After discussion of these differences at the meetings, both
Boards recommended approval of the current ordinance as presented to the City Commission, with one
exception dealing with garages and carports. Section 4.5.1(E)(3)(a)(2)(i), located on page 14 of the
ordinance, originally read as follows:
i. The orientation of garages and carports shall be consistent with the majority of such structures within
the district. Garages and carports are encouraged to be oriented and entered from the side or rear and out
of view from the public right of way.
The Planning and Zoning Board felt that there could be a direct conflict between the first and second
sentences and recommended elimination of the first sentence. The Historic Preservation Board wanted
to retain the first sentence, but also recognized the potential conflict. To address this issue, it was
decided at the meeting to reword the section as follows:
i. Garages and carports are encouraged to be oriented and entered from the side or rear and out of view
from the public right of way. However, if this is not possible, the orientation of garages and carports
shall be consistent with the majority of such structures within the district.
This language, which was supported by the Historic Preservation Board, addresses concerns over
conflicts expressed by the Planning and Zoning Board.
RECOMMENDATION
By motion, approve on first reading Ordinance No. 38-07 for City-initiated amendments to the Land
Development Regulations which intend to clarify the current regulations, provide parameters, and
define compatible development within the City's five (5) historic districts and individually designated
properties, by adopting the findings of fact and law contained in the staff report and finding that the
request is consistent with the Comprehensive Plan and meets criteria set forth in Section 2.4.5(M) of the
Land Development Regulations.
PLANNING AND ZONING BOARD MEMORANDUM STAFF REPORT
MEETING OF: DECEMBER 17, 2007
AGENDA NO: IV. A.
ITEM: CITY INITIATED AMENDMENT TO THE LAND DEVELOPMENT REGULATIONS
WHICH INTEND TO CLARIFY THE CURRENT REGULATIONS, PROVIDE
PARAMETERS, AND DEFINE COMPATIBLE DEVELOPMENT WITHIN THE
HISTORIC DISTRICTS. THE AMENDMENTS INTEND TO PROVIDE AN OBJECTIVE
WAY OF PROVIDING COMPATIBLE NEW DEVELOPMENT WITHIN THE CITY'S
FIVE (5) HISTORIC DISTRICTS.
ITEM BEFORE THE BOARD
The item before the Board is that of making a recommendation to the City Commission regarding City-
initiated amendments to the LDRs relating to the City's five (5) historic districts and individually
designated properties.
Pursuant to Section 1.1.6, an amendment to the text of the Land Development Regulations may not be
made until a recommendation is obtained from the Planning and Zoning Board.
BACKGROUND AND DESCRIPTION
Given concerns over the level and type of development affecting historic preservation efforts within all
five (5) of the City's historic districts, the City Commission, on April 18, 2006, implemented asix-
month moratorium. During the moratorium, Staff worked with consultants (REG Architects and Urban
Design Studio) in conducting a series of public meetings with the property owners of the Historic
Districts. As a result, the consultant prepared a revised set of Delray Beach Historic Preservation
Design Guidelines, a Design Guidelines supplement, and made LDR amendment recommendations.
The LDR amendments were drafted and presented as Historic Preservation Design Guidelines.
The Planning and Zoning Board reviewed these guidelines at their meeting of November 20, 2006,
where a recommendation of approval was made to the City Commission. Additional revisions were
made prior to consideration by the City Commission and the Board re-reviewed the Ordinance at its
February 26, 2007 meeting. A motion to approve the amendments failed by a vote of 0-6.
The City Commission considered the proposed LDR amendments on March 20, 2007, and a motion
to approve was denied on a 3-1 vote. At that time, the City Commission made specific suggestions to
Staff which included review of the proposed amendments through a charrette process between Staff
and local design professionals. The charrette was held in May, 2007 when approximately ten (10)
local design professionals participated in a design exercise to apply the proposed guidelines to
specific properties located within the historic districts. This process included a discussion of how the
Ordinance could be improved.
A follow-up meeting between Staff and the charrette participants was held on August 7, 2007 at which
time Staff presented the modified Ordinance incorporating some of the suggested changes. The
guidelines included a combination of Staff recommendations in consultation with REG and Urban
Design Studio, and suggestions made by City Commission and the design professionals.
These changes were considered by the Historic Preservation Board on August 15, 2007 and a
recommendation of approval was made on a vote of 4-1. The Planning and Zoning Board considered
Planning and Zoning Board Memorandum Staff Report, December 17, 2007 Meeting
Amendment to LDRs: Historic District Regulations
Page 2
the LDR amendments at its August 20, 2007 meeting and recommended denial on a unanimous 7-0
vote. The Board had extensive discussion centered on the requirements for new development to be
analyzed based on compatibility with immediately adjacent structures (i.e. survey area). Significant
opposition to this requirement was expressed by members of the public and members of the Planning
and Zoning Board. The main objections appeared to focus on three key concerns: a perception that
the requirement will be labor intensive for applicants and their design professionals; that it has the
potential to impose different development thresholds on similar lots within a district; and lastly, that it
would not address the unique characteristics of individual districts (i.e. same requirements for all
districts.) To address the issues with the survey area, Staff undertook a complete analysis of each
and every lot within all five districts. From this information, we were able to determine average number
of stories, average building lot coverage and the average floor area ratio of each district. From these
numbers, it is possible to generate the averages per district which can then be utilized in lieu of
individual survey area figures. This methodology addresses all three concerns relating to the use of
survey areas, in that all additional work would be completed by Staff; the compatibility thresholds
would be the same throughout each district (i.e. based on district averages); and the thresholds would
be different between districts, based on individual district averages. Staff also did a comprehensive
review of the entire Ordinance in an attempt to make it more understandable. It is also noted that the
amendments dealing with demolitions in the historic districts were moved into a new Ordinance which
is being considered separately.
A City Commission workshop was held on October 4, 2007 to discuss the status of the amendments
and Staff's approach to addressing the concerns of the Planning and Zoning Board and the local
design professionals. Workshops were then held with both the Planning & Zoning Board and the
Historic Preservation Board in November, at which time Staff made presentations to discuss how the
Ordinance was being modified and to solicit input from the Boards. Some Board suggestions have
been incorporated into the revised Ordinance.
A Planning and Zoning Board Special Meeting was held on December 3, 2007 to discuss the
proposed amendments in detail. The Board's recommended changes have been incorporated into the
revised Ordinance and are highlighted in yellow. The Historic Preservation Board (HPB) reviewed the
amendments on December 6, 2007 and also considered the recommendations made by the Planning
and Zoning Board on December 3, 2007. While the Historic Preservation Board disagreed with
several of the changes, they did agree with most of the P&Z Board's recommendations. The revised
Ordinance contains notations depicting the differences between the two Boards.
LDR TEXT'. AMENDMENT ANALYSIS ''
The primary purpose of the amendments is to clarify the intent of the existing regulations and
guidelines, while objectively evaluating the compatibility of proposed new development with both
historic and non-historic development. The objective criteria will help both the public and the Historic
Preservation Board to determine what will be considered compatible development. In order to
differentiate between types of development proposals and which regulations apply to each, two
categories have been created - "Major" and "Minor." The type of development in each category is
shown in the following table:
Review Type by Use and Zoning District
Mod~cetion of Non-Cnntribmine
Zoning
ic
D ~ Ncaa
C
i Modification of Contribming Srrucmres m, eves
isv
t onstma
on Undcr 25% Ovc+25°/. Undcr 25% Ove+25%
CHD & C[ .AtulmPnmil ~ tf \T a V11nor N-n ~r
Von Re.idauhal Ytim .Afire, Minor Slim ,A1inor
R~-1-_A~A tn~lc Yamllc Du,lan Sivor Mino Va'or Mlno Jta'or
RO.OSSHAll Mule-Pamll Sy AI n~ .ale or 1a11no Mn or
R4 & 2N N n-Rc.'dunC~ I A{~ ,r i1 yr ;M~r M1I n ~1:i or
Planning and Zoning Board Memorandum Staff Report, December 17, 2007 Meeting
Amendment to LDRs: Historic District Regulations
Page 3
In summary, the proposed amendments include "regulatory tools' to help more clearly define what will
be considered visually compatible development within the five historic districts and on individually
designated sites. Visual compatibility will be determined by utilizing the specified "Visual Compatibility
Standards" as contained in LDR Section 4.5.1(E)(8)(a-o). These standards include new "tools" which
deal with compatibility. Standards designed to provide compatibility with respect to scale of all major
development require offsets in the front and side facades for larger buildings. This reduces the impact
of the structure on the historic streetscape and adjacent properties. The standards also address Lot
Coverage, based on the average of each district. Maximums for each district are proposed and some
additional flexibility and incentives are recommended to encourage additions versus demolitions on
Historic structures, retention of one story structures, and to accommodate additional development
potential for lots on the Intracoastal Waterway in the Marina District.
Additional standards for residential uses (single family, duplexes and multifamily in all historic districts
and all development, regardless of use, in the Residential Office (RO) zoning district), which are
classified as "Major Development", include a "Building Height Plane" calculation to provide a way of
setting back the second story wall plane from the foremost wall plane on the first story, which will
provide impact relief along the streetscape. A "First Floor Maximum Height" has been added which
determines that the height from finished floor elevation to the top of the beam shall not exceed
fourteen feet (14'), while the mean roof height shall not exceed eighteen feet (18'). Residential
structures with heights exceeding these limitations will be considered and reviewed as multi-story.
Two "Visual Compatibility Incentives" are also proposed for all residential development applications
which comply with the visual compatibility standards. First, the "Building Height Plane" ratio, which is
specified as 2:1 within the "Visual Compatibility Standards," may be increased to 2:1.5 if open air
spaces (porches, balconies, overlooks with open railings) are provided on the first or second floors,
with a separation provided between floors on the front and/or sides. Second, up to 25% of the front
elevation may extend into the "Building Height Plane (BHP)" provided that at least 25% of the front
elevation remains one-story. The width of the portion extended into the "BHP" may not exceed a width
of eighteen feet (18').
Additional proposed LDR revisions provide clarification that the Historic Preservation Board has the
authority to apply more or less restrictive standards than the maximums identified in the base zoning
district regulations, in order to achieve visual compatibility within the City's historic districts. A new
"Visual Compatibility Standard," fitted "Architectural Styles," has also been added, which requires all
development proposals to be consistent with one architectural style and not introduce various
elements from different styles within one development. Finally, the language within the Delray Beach
Historic Preservation Design Guidelines, which provides guidance towards the appropriate design of
additions, has been added as a "Visual Compatibility Standard."
The following is a list of the major amendments to the LDRs as they' relate to review of development
proposals located within the City's five (5) historic districts and individually designated properties.
Where applicable, references have been included for comparison to the prior Ordinance.
LDR Section 2.4.6 Procedures for Obtaining Permits -Clarified specific project types that
require a Certificate of Appropriateness (COA) and included submittal requirements and
approval procedures for applications.
2. LDR Section 3.2.4(E) Standards for Specific Areas or Purposes -Clarified that a proposed
development be consistent with specified review criteria.
3. LDR Section 4.1.4 Use of Lots of Record -Added language to grant a variance for lots of
record when the lot size, dimensions and setbacks do not comply with the minimum
requirements of that zoning district in order to accommodate the relocation of a historic
Planning and Zoning Board Memorandum Staff Report, December 17, 2007 Meeting
Amendment to LDRs: Historic District Regulations
structure, and require that significant structures moved outside of a historic district are
individually designated.
4. LDR Section 4.3.3(0) Guest Cottage -Added language that a guest cottage shall not
exceed the height of the principal structure.
5. LDR Section 4.4.17 Residential Office (RO) District -Added language to the purpose and
intent that the RO district is an incentive designation to provide for the rehabilitation and reuse
of historic structures; and added that the parking requirement for offices may be reduced to 1
space/400 square feet when a structure exists on the property and is located within a
designated historic district or an individually designated historic site.
6. LDR Section 4.4.24 Old School Square Historic Arts District (OSSHAD) -Clarified that
parking lots, not associated with a use, allowed by conditional use approval, must be public
parking lots; and clarified that the gross floor area of residential units in a mixed-use building,
shall not exceed 50% of the gross floor area of the structure.
7. LDR Section 4.5.1(E)(2) Major and Minor Development -Added language to classify
development as either Major or Minor and included a table for additional clarification. (The
prior Ordinance used confusing descriptions of Type A and Type 8 development.)
8. LDR Section 4.5.1(E)(3) Buildings, Structures, Appurtenances, and Parking -Clarified
application of standards to specified buildings, structures, appurtenances, and parking; added
language to regulate chain link fences, swimming pool fences, and fence height; added
language regulating design of garages and carports with respect to frontage and orientation;
added language to regulate parking with respect to screening, and design with additional
options to consider, and granting of a waiver request to parking pursuant to specified criteria.
9. LDR Section 4.5.1(E)(8) Visual Compatibility Standards -Clarified application of this
section in its entirety with respect to Major and Minor Development proposals.
10. LDR Section 4.5.1(E)(8)(a) Height -Clarified determination of height compatibility; added
language related to the height of residential uses which are classified as Major Development,
including establishing a Building Height Plane (BHP); set a first floor maximum mean roof
height of 18' and a maximum upper story height of 14' from finished floor to finished floor per
story. (Removed requirement for an additional 5' setback for upper stories included in prior
Ordinance.)
11. LDR Section 4.5.1(E)(80)(b-f) - Clarified compatibility determination of front fagade
proportion, proportion of openings (windows and doors), rhythm of solids to voids, rhythm of
buildings on streets and rhythm of entrance and/or porch projections with respect to the
subject historic district. (Removed references to Type A and Type B development and the use
of the survey area included in the prior Ordinance.)
12. LDR Section 4.5.1(E)(8)(g) Relationship of Materials, Texture, and Color -Clarified
determination of compatibility pursuant to type of development proposal; added language
regarding hardscape. (Removed references to Type A and Type B development and the use
of the survey area included in the prior Ordinance. Also removed language dealing with a list
of materials for exterior finishes included in prior Ordinance.)
13. LDR Section 4.5.1(E)(8)(h) Roof Shapes -Added language to determine roof shape
compatibility and requirement that roof shape be consist with the architectural style of the
building. (Removed references to Type A and Type B development and the use of the survey
area included in the prior Ordinance. Also removed requirement that roofs be oriented so as to
be consistent with the surrounding area included in prior Ordinance.)
Planning and Zoning Board Memorandum Staff Repod, December 17, 2007 Meeting
Amendment to LDRs: Historic District Regulations
14. LDR Section 4.5.1(E)(8)(i) Walls of Continuity -Clarified existing language to determine
compatibility.
15. LDR Section 4.5.1(E)(8)Q) Scale of a Building -Clarified determination of compatibility
pursuant to type of development proposal; added requirements for offsets in the front and side
facades. (Removed references to Type A and Type 8 development and the use of the survey
area included in the prior Ordinance. Also eliminated 'Angle of Vision" standard included in
prior Ordinance.)
16. LDR Section 4.5.1(E)(8)(k) Directional Expression of Front Elevation - Clarified
determination of compatibility.
17. LDR Section 4.5.1(E)(8)(I) Architectural Style -Added new section requiring that all
development proposals be consistent with one architectural style and not introduce various
elements from different styles into one development.
18. LDR Section 4.5.1(E)(8)(m) Lot Coverage -Added lot coverage requirements related to
averages in each historic district. Maximums for each district are proposed at 5% over the
average and some additional flexibility and incentives are recommended to encourage
additions versus demolitions of Historic structures, retention of one story structures, and to
accommodate additional development potential for lots on the Intracoastal Waterway in the
Marina District. (Removed references to Type A and Type B development and the use of the
survey area included in the prior Ordinance.)
19. LDR Section 4.5.1(E)(8)(n) Number of Stories - Added a calculation method for determining
the number of stories and set the maximum number of stories allowed based on 0.5 stories
over district averages.
20. LDR Section 4.5.1(E)(8)(0) Additions to Individually Designated Properties and to
Existing Contributing Structures in all Historic Districts -Incorporated existing language
from the Delray Beach Historic Preservation Design Guidelines regulating visual compatibility
for additions. (Removed requirement that this section also apply to noncontributing structures,
included in prior Ordinance.)
21. LDR Section 4.5.1(E)(9) Visual Compatibility Incentives -Former subsection 9 which
states that the Visuat Compatibility Standards will be further discussed in the "Delray Beach
Preservation and Conservation Manual" and notes purpose of said "manual", has been
completely removed. The new language for this subsection provides design flexibility and
incentives for residential development such as "Open Air Spaces' which would increase the
"Building Height Plane" ratio for open air spaces, and "Square Footage" which allows a portion
of the structure to extend into the BHP, provided that a percentage of the front elevation
remains one-story.
22. LDR Section 4.5.1(L) Designation of Historic Districts -Unified Historic District titles.
23. Appendix "A" "Definitions" -Added definition for "hardscape" and amended definitions for
"Contributing Building Also Non-contributing Building Structure", "Historic Site', "Historic Site
Survey", and "Non-Contributing Building".
Planning and Zoning Board Memorandum Staff Report, December 17, 2007 Meeting
Amendment to LDRs: Historic District Regulations
REQUIRED FINDINGS
LDR Section 2.4.5(M)(5) (Findings): Pursuant to LDR Section 2.4.5(M)(5) (Findings), in addition to
LDR Section 1.1.6(A), the City Commission must make a finding that the text amendment is
consistent with and furthers the Goals, Objectives and Policies of the Comprehensive Plan.
A review of the objectives and policies of the adopted Comprehensive Plan was conducted and the
following applicable Goals, Objectives and Policies were noted:
FUTURE LAND USE ELEMENT
GOAL AREA "A" LAND WITHIN THE PLANNING AREA SHALL BE DEVELOPED OR
REDEVELOPED, TO ENHANCE THE EXISTING QUALITY OF LIFE,
COMPLIMENT EXISTING LAND USE AND RESULT IN A MIXED, BUT
PREDOMINANTLY RESIDENTIAL COMMUNITY WITH A BALANCED
ECONOMIC BASE.
Future Land Use Element Objective A-4 The redevelopment of land and buildings shall provide for
the preservation of historic resources. The objective shall be met through continued adherence to the
City's Historic Preservation Ordinance and the following policies:
Future Land Use Policv A-4.1 Prior to approval or recommending approval of any land use or
development application for property located within a historic district or designated as a historic site,
the Historic Preservation Board must make a finding that the requested action is consistent with the
provisions of Section 4.5.1 of the Land Development Regulations relating to historic sites and districts
and the "Delray Beach Design Guidelines'.
Future Land Use Policv A-4.2 In order to protect the City's historic resources, the Land Development
Regulations shall include provisions for designation of historically significant buildings, structures,
archaeological sites, or districts. The City shall conduct periodic neighborhood surveys to identify and
evaluate potential historic resources.
ANALYSIS
The Future Land Use Element of the City's Comprehensive Plan calls for the enhancement of the
existing quality of life which is evident in the proposed amendments to protect the city's designated
historic areas from incompatible development. The subject Element also mandates that
redevelopment shall provide for the preservation of historic resources. This has been accomplished in
the subject LDR amendments by providing an objective manner of reviewing new proposals which will
not detract from the historic resources (yet will be compatible with the historic development of the
adjacent properties). Therefore, positive findings can be made that the proposed LDR text
amendments are consistent with and further the Goals, Objectives and Policies of the Comprehensive
Plan's Future Land Use Element.
HOUSING ELEMENT
GOAL AREA "A" TO MAINTAIN A SAFE AND ADEQUATE SUPPLY OF HOUSING BY
PRESERVING EXISTING STABLE NEIGHBORHOODS, STABILIZING
AND ENHANCING NEIGHBORHOODS THAT ARE IN TRANSITION, AND
RESTORING AND REHABILITATING NEIGHBORHOODS THAT HAVE
DECLINED.
Planning and Zoning Board Memorandum Staff Report, December 17, 2007 Meeting
Amendment to LDRs: Historic District Regulations
Page 7
Housing Element Objective A-10 The City shall support the conservation and rehabilitation of
historically significant housing, especially where such housing is an identifying characteristic of a
particular neighborhood.
Housing Element Policv A-10.1 This objective will be implemented in accordance with the standards
and criteria of Section 4.5.1 of the Land Development Regulations, Historic Preservation Sites and
Districts.
Housing Element Policv A-10.2 The City will promote the use of historic designations as a
revitalization tool in its preparation of Neighborhood Plans for those areas which have a significant
inventory of historic structures.
Housing Element Objective A-12 To assist residents of the City in maintaining and enhancing their
neighborhood environment, the City shall take steps to ensure that modifications in and around the
neighborhood do not lead to its decline, such as those described in the following policies.
Housing Element Policv A-12.4 The City will provide planning and technical assistance to implement
neighborhood-supported initiatives aimed at preserving the character of existing residential areas.
Such assistance may involve the formulation of regulations that would limit the size and scale of new
homes to be consistent with existing structures within a defined neighborhood, and analysis of the
housing inventory to determine if the area qualifies for designation as a historic district, and similar
measures.
ANALYSIS
The proposed LDR amendments comply with the Housing Element as noted above in that they will
further strive to stabilize and enhance existing historic neighborhoods. The historic structures are the
identifying characteristic of the five (5) designated historic districts. It is also evident that the protection
of such areas has assisted in their revitalization which is continuous and on going. The mandated
technical assistance, noted above, has been and continues to be provided by the City to its residents,
including those residing in designated historic districts or individually designated structures and/or
properties. Therefore, positive findings can be made that the proposed LDR text amendments are
consistent with and further the Goals, Objectives and Policies' of the Comprehensive Plan's Housing
Element.
Coastal Management Element Policv B-2.1 The Marina Historic District shall embrace principles of
historic preservation and economic development in a sensitive and blending manner. See Objective
C-1 for the specific implementation program.
Coastal Management Element Policv B-2.2 Individual historic structures shall continue to be
designated pursuant to the City's Historic Preservation Ordinance.
Coastal Management Element Objective C-1 The retention, rehabilitation, and protection of historic
resources as provided for in the City's Historic Preservation Ordinance shall continue to be applied in
the Coastal Planning Area. The Marina Historic District shall continue to be redeveloped with a
sympathetic blending of the demands of economic development and historic preservation.
Coastal Management Element Policv C-1.1 The northern portion of the Marina District nearest
Atlantic Avenue shall be developed with the active participation of both the Historic Preservation
Board and the Community Redevelopment Agency.
Coastal Management Element Policv C-1.2 The middle and southerly portions of the Marina District
shall continue to be enhanced through the renovation of existing single family and multi-family
Planning and Zoning Board Memorandum Staff Report, December 17, 2007 Meeting
Amendment to LDRS: Historic District Regulations
Page 8
structures, sensitive rehabilitation of historic structures, and new construction which is appropriate to
the historic district.
ANALYSIS
The proposed LDR amendments comply with the Coastal Management Element of the
Comprehensive Plan in that they are sensitive to the two designated historic districts within this area:
Nassau Street and Marina. Overall, the protection of the historical resources located in the
aforementioned historic districts will continue to be enforced. Specifically, the amendments address
the demands of enhanced economic development and historic preservation by allowing 5% over the
average lot coverage for the district. Upon consideration of the above, positive findings can be made
that the proposed LDR text amendments are consistent with and further the Goals, Objectives and
Policies of the Comprehensive Plan's Coastal Management Element.
ASSESSMENT
The Comprehensive Plan calls for new development and redevelopment to enhance the existing
quality of life by providing for the preservation of historic resources, the rehabilitation of historically
significant housing, and the promotion of historic designations as a revitalization tool. Further, the
Plan calls for staff assistance in implementing neighborhood supported initiatives aimed at preserving
the character of existing residential areas including the formulation of regulations limiting size and
scale of new development within historic districts. The proposed amendments achieve the
aforementioned goals and policies. Therefore, a positive finding can be made that the amendments
are consistent with and further the Goals, Objectives, and Policies of the Comprehensive Plan.
REVIEW BY OTHERS
The Historic Preservation Board (HPB) reviewed the amendments on December 6, 2007 and
also considered recommendations made by the Planning and Zoning Board at its Special Meeting
on December 3, 2007. While the Board disagreed with several of the P&Z Board's
recommendations, they did agree with most of them. The revised Ordinance contains notations
depicting the differences between the two Boards. Since HPB continued the item until December
19, 2007, a final recommendation is not available at this time. Therefore, the Board's
recommendations will be presented to the City Commission at the first reading of the Ordinance.
• The Downtown Development Authority (DDA) reviewed the amendments at their December 10,
2007 meeting and unanimously recommended approval.
The West Atlantic Redevelopment Coalition (WARC) reviewed the amendments at their
December 12, 2007 meeting and unanimously recommended approval.
The Community Redevelopment Agency (CRA) reviewed the amendments at their December
13, 2007 meeting and unanimously recommended approval.
Courtesv Notices:
A special courtesy notice was provided to all of the property owners within the five historic districts as
well as to the Neighborhood Advisory Council. Letters of objection or support, if any, will be presented
at the Planning and Zoning Board meeting.
ALTERNATIVE ACTIONS
A. Continue with direction.
B. Move a recommendation of approval to the City Commission of the amendments to the Land
Development Regulations (LDRS) associated with Ordinance 38-07, by adopting the findings of
Planning and Zoning Board Memorandum Staff Report, December 17, 2007 Meeting
Amendment to LDRs: Historic District Regulations
fact and law contained in the staff report and finding that the request is consistent with the
Comprehensive Plan and meets criteria set forth in Section 2.4.5(M) of the Land Development
Regulations.
C. Move a recommendation of denial to the City Commission of the amendments to the Land
Development Regulations (LDRs) associated with Ordinance 38-07, by adopting the findings of
fact and law contained in the staff report and finding that the request is inconsistent with the
Comprehensive Plan and does not meet criteria set forth in Section 2.4.5(M) of the Land
Development Regulations. (Motion to be phrased in the affirmative See above.)
RECOMMENDATION
Recommend approval to the City Commission of the amendments to the Land Development
Regulations (LDRs) associated with Ordinance 38-07, by adopting the findings of fact and law
contained in the staff report and finding that the request is consistent with the Comprehensive Plan
and meets criteria set forth in Section 2.4.5(M) of the Land Development Regulations.
Attachments:
Proposed Ordinance No.38-07
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CITY OF DELRAY BEACH
NOTICE OF PROPOSED
AMENDMENT TO THE LAND
DEVELOPMENT REGULATIONS
REGARDING HISTORIC DISTRICTS
AND HISTORIC SITES
The City Commission of the Cily of Delray Beach, Florida, proposes to adopt Ue following
ordinance:
ORDINANCE NO 3807
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA,
AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH BY
AMENDING SECTION 2.4.6, "PROCEDURES FOR OBTAINING PERMITS", SUBSECTION
2.4.6(H), "CERTIFICATE OF APPROPRIATENESS FOR HISTORIC STRUCTURES, SITES, AND
IN HISTORIC DISTRICTS', PROVIDING CLARIFICATION OF THE REQUIREMENTS AND
PROCEDURES FOR OBTAINING A CERTIFICATE OF APPROPRIATENESS', AMENDING
SECTION 3.2.4, 'STANDARDS FOR SPECffIC AREAS OR PURPOSES", SUBSECTION
324(E), "HISTORIC DISTRICTS AND SITES", PROVIDING FOR AND INCORPORATING THE
DELRAY BEACH HISTORIC PRESERVATION DESIGN GUIDELINESAND THE SECRETARY OF
THE INTERIOR'S STANDARDS FOR REHABILITATION', AMENDING SECTION 4.1.4, "USE OF
LOTS OF RECORD", TO PROVIDE FOR VARIANCES; AMENDING SECTION 4.3.3, "SPECIAL
REQUIREMENTS FOR SPECIFIC USES", SUBSECTION 4.3.3(0), "GUEST COTTAGE", TO
PROVIDE THAT HEIGHT SHALL NOT EXCEED THAT OF THE MAIN STRUCTURE IN HISTORIC
DISTRICTS; AMENDING SECTION 44.17, °RESIDENTIAL OFFICE (RO) DISTRICT",
SUBSECTIONS 4.4.17(A), 'PURPOSE AND INTENT", AND 4.4.17(G), "SUPPLEMENTAL
DISTRICT REGULATIONS", PROVIDING PARKING REQUIREMENTS FOR CONVERSION OF
RESIDENTIAL STRUCTURES INTO OFFICE USE IN HISTORIC DISTRICTS; AMENDING
SECTION 4.4.24, "OLD SCHOOL SQUARE HISTORIC ARTS DISTRICT (OSSHAD(",
SUBSECTIONS 4.4.24(D), 'CONDITIONAL USES AND STRUCTURES ALLOWED" AND
4.4.24(H~, "SPECIAL DISTRICT REGULATIONS", CLARIFYING THAT PARKING LOTS NOT
ASSOCIATED WITH A USE MUST BE PUBLIC AND CLARIFYNG SPECIAL DISTRICT
REGULATIONS; AMENDING SECTION 4.5.1, 'HISTORIC PRESERVATION SITES AND
DISTRICTS", SUBSECTIONS 4.5.1(8), "CRITERIA FOR DESIGNATION OF HISTORIC SITES
OR DISTRICTS", 4.5.1(E), "DEVELOPMENT STANDARDS", AND 4.5.1(L~, "DESIGNATION OF
HISTORIC DISTRICTS", BY CLARIFYING THE APPLICATION OF DEVELOPMENT
STANDARDS WITH RESPECT TO USE, ZONING DISTRICT ANDHlSTORIC CLASSIFICATION;
AND AMENDING APPENDIX "A', "DEFINITIONS", TO PROVIDE A NEW OEFINITIDN FOR
"HARDSCAPE", AND TO PROVIDE AMENDED DEFINITIONS RELATED TO HISTORIC
PRESERVATION; PROVIDINGASAVINGS CLAUSE,AGENERAL REPEALER CLAUSE AND AN
EFFECTIVE DATE.
The City Commission will conduct two (2) Public Hearings far the purpose of accepting public
testimony regarding the proposetl oNinance. The first Public Hearing will be held on TUESDAY
JANUARY 18 2008 AT T00 PM in the Commission Chambers at City Hall, 100 N W. 1stAvenue,
Delray Beach, Florida. If the proposetl ordinance is passed on first reading, a second Public
Hearing will be held on TUESDAY FEBRUARY 5 2008 AT 700 PM (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.
All interested citizens are invitetl to aflend the public hearidgs and comment upon the proposed
ordinance or submit their comments in writing on or before the date of these hearings to the
Planning and Zoning Department. For fWher information or to obtain a wpy of the Oroposed
oNinance, please contact the Planning and Zoning Department, City Hall, 100 N W. 1st Avenue,
Delray Beach, Florida 33444 (email at pzmail@mytlelraybeach.com) or by rolling 5611243-7040),
between the hours of 8:00 a.m. and 5:00 p.m, Monday Through Friday, excluding holitlays.
Please be advised that if a person decides to appeal any tlecision made by the City Commission
with respect to any matter censideretl at these hearings, such person may need to ensure mat a
verbatim record includes the testimony antl evidence upon which the appeal is to be based. The
City does not provide nor prepare such record pursuant to F.S. 286.0105.
CITY OF DELRAY BEACH
Chevelle D. Nubin, CMC
City Clerk
PUBLISH: Monday, January 7, 2008
Tuesday, January 29, 2008
Boca RatonlDelray Beach News