WHEREAS, the City Commission of the City of Delray Beach has the authority to protect the health, safety and welfare of its citizens; and

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1 ORDINANCE NO AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING ARTICLE 2.2, ESTABLISHMENT OF BOARDS HAVING RESPONSIBILITIES FOR LAND DEVELOPMENT REGULATIONS, SECTION 2.2.6, THE HISTORIC PRESERVATION BOARD, SUBSECTIONS (A), CREATION, (B), COMPOSITION AND SPECIAL QUALIFICATION, AND (D), DUTIES, POWERS, AND RESPONSIBILITIES, TO CLARIFY AND AMEND HISTORIC PRESERVATION BOARD DUTIES, POWERS AND RESPONSIBILITIES; AMENDING ARTICLE 2.4, GENERAL PROCEDURES, SECTION 2.4.7, PROCEDURES FOR OBTAINING RELIEF FROM COMPLIANCE WITH PORTIONS OF THE LAND DEVELOPMENT REGULATIONS, SUBSECTION (A), VARIANCES, TO CLARIFY THE REVIEW OF VARIANCES BY THE HISTORIC PRESERVATION BOARD; AMENDING ARTICLE 4.4, BASE ZONING DISTRICT, SECTION 4.4.3, SINGLE FAMILY RESIDENTIAL (R-1) DISTRICT, SUBSECTIONS (E), REVIEW AND APPROVAL PROCESS, (F), DEVELOPMENT STANDARDS, AND (G), SUPPLEMENTAL DISTRICT REGULATIONS ; SECTION 4.4.5, LOW DENSITY RESIDENTIAL (RL) DISTRICT, SUBSECTIONS (E), REVIEW AND APPROVAL PROCESS, (F), DEVELOPMENT STANDARDS, AND (G), SUPPLEMENTAL DISTRICT REGULATIONS ; SECTION 4.4.6, MEDIUM DENSITY RESIDENTIAL (RM) DISTRICT, SUBSECTIONS (E), REVIEW AND APPROVAL PROCESS, (F), DEVELOPMENT STANDARDS, AND (G), SUPPLEMENTAL DISTRICT REGULATIONS ; SECTION , CENTRAL BUSINESS (CBD) DISTRICT, SUBSECTIONS (E), REVIEW AND APPROVAL PROCESS, (F), DEVELOPMENT STANDARDS, AND (G), SUPPLEMENTAL DISTRICT REGULATIONS ; SECTION , RESIDENTIAL OFFICE (RO) DISTRICT, SUBSECTIONS (E), REVIEW AND APPROVAL PROCESS, (F), DEVELOPMENT STANDARDS, AND (G), SUPPLEMENTAL DISTRICT REGULATIONS ; SECTION , COMMUNITY FACILITIES (CF) DISTRICT, SUBSECTIONS (E), REVIEW AND APPROVAL PROCESS, (F), DEVELOPMENT STANDARDS, AND (G), SUPPLEMENTAL DISTRICT REGULATIONS ; SECTION , OLD SCHOOL SQUARE HISTORIC ARTS DISTRICT (OSSHAD), SUBSECTIONS (E), REVIEW AND APPROVAL PROCESS, (F), DEVELOPMENT STANDARDS, AND (G), SUPPLEMENTAL DISTRICT REGULATIONS TO SPECIFY THAT ALL PROPERTIES IN A

2 HISTORIC DISTRICT OR INDIVIDUALLY DESIGNATED HISTORIC PROPERTIES ARE SUBJECT TO THE PROVISIONS OF SECTION AND REVIEW BY THE HISTORIC PRESERVATION BOARD; AMENDING ARTICLE 4.5, OVERLAY AND ENVIRONMENTAL MANAGEMENT DISTRICTS, SECTION 4.5.1, HISTORIC PRESERVATION SITES AND DISTRICTS, SUBSECTIONS (B), CRITERIA FOR DESIGNATION OF HISTORIC SITES OR DISTRICTS AND (C), DESIGNATION PROCEDURES, TO CLARIFY HISTORIC DESIGNATION PROCEDURES; SUBSECTION (D), REVIEW AND APPROVAL PROCEDURES, TO CLARIFY APPLICATION PROCESS OF PROPERTIES SUBJECT TO HISTORIC PRESERVATION BOARD REVIEW; AND SUBSECTION (E), DEVELOPMENT STANDARDS, TO CLARIFY EXISTING REQUIREMENTS FOR FENCES, PARKING, GARAGES, RELIEF FROM PARKING REQUIREMENTS, AND VISUAL COMPATIBILITY STANDARDS; BY REPEALING SUBSECTIONS (I), HISTORIC PRESERVATION BOARD TO ACT ON APPLICATIONS OTHER THAN CERTIFICATES OF APPROPRIATENESS ; (J), HISTORIC PRESERVATION BOARD TO ACT ON VARIANCE REQUESTS, (K), DESIGNATION OF HISTORIC SITES, (L), DESIGNATION OF HISTORIC DISTRICTS ; (M), TAX EXEMPTION FOR HISTORIC PROPERTIES, (N), CRITERIA FOR CHANGE OF HISTORIC DESIGNATION AND/OR CLASSIFICATION, AND (O), PROCEDURE FOR CHANGE OF HISTORIC DESIGNATION AND/OR CLARIFICATION, AND ENACTING NEW SUBSECTIONS (I), LOCAL REGISTER OF HISTORIC PLACES, TO COLLECTIVELY LIST ALL HISTORIC DISTRICTS AND INDIVIDUALLY DESIGNATED PROPERTIES; AND (J), TAX EXEMPTION FOR HISTORIC PROPERTIES, TO CLARIFY THE PROCESS FOR TAX EXEMPTIONS ON HISTORIC PROPERTIES; AND AMENDING SUBSECTIONS (K), CRITERIA FOR CHANGE OF HISTORIC DESIGNATION AND/OR CLASSIFICATION, AND, (L), PROCEDURES FOR CHANGE OF HISTORIC DESIGNATION AND/OR CLASSIFICATION, TO CLARIFY EXISTING REGULATIONS AND REQUIREMENTS; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. 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 2

3 WHEREAS, pursuant to LDR Section 1.1.6, the Planning and Zoning Board reviewed the proposed text amendment at a public hearing held on May 21, 2012 and voted 7 to 0 to recommend that the changes be approved; and WHEREAS, pursuant to Florida Statute (4)(c), the Planning and Zoning Board, sitting as the Local Planning Agency, has determined that the change is consistent with and furthers the goals, objectives and policies of the Comprehensive Plan; and WHEREAS, the City Commission of the City of Delray Beach adopts the findings in the Planning and Zoning Staff Report; and WHEREAS, the City Commission of the City of Delray Beach finds the ordinance is consistent with the Comprehensive Plan. NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA AS FOLLOWS: Section 1. That Article 2.2, Establishment of Boards Having Responsibilities For Land Development Regulations, Section 2.2.6, The Historic Preservation Board, Subsections (A), Creation, (B), Composition and Special Qualification, and (D), Duties, Powers, and Responsibilities, of the Land Development Regulations of the City of Delray Beach, Florida, shall hereby be amended to read as follows: (A) Creation: A Historic Preservation Board for the City of Delray Beach is hereby created. The purpose of this Board is to foster and promote the recognition, protection, enhancement and use of historic resources in the City of Delray Beach; and to have a lay body which shall have authority to act on matters pertaining to historic preservation; and to promote certain functional and aesthetic goals, objectives and policies as set forth in the City's Comprehensive Plan, as they relate to the preservation of Delray Beach s historic resources. (B) Composition and Special Qualifications: (1) The Historic Preservation Board shall consist of seven members. (2) Each of At least five seats on the Board must be filled with either an architect, landscape architect, realtor/real estate broker, civil engineer, general contractor, architectural historian, preservationist, land planner or interior designer. The appointing body shall endeavor to appoint as may many disciplines as possible to the Board. Lay persons of knowledge, experience and judgment who have an interest in historic preservation shall make up the balance of the Board. Lay persons may be considered if there is a lack of applicants to fill the seats reserved for professionals. Preference should be given to professional and lay persons who own property within historic districts or whose property is individually listed in the Local Register of Historic Places. 3

4 (C) Meetings and Quorum: (1) The Historic Preservation Board shall hold at least one regularly scheduled business meeting each month and it shall be held in the evening hours. (2) Four members of the Board shall constitute a quorum. (3) An application for a Certificate of Appropriateness shall be approved by a majority of the members present and voting. (D) Duties, Powers, and Responsibilities: (1) Develop, maintain, and update a survey of archaeological sites, properties, buildings, structures, and districts of special historic, aesthetic, architectural, cultural, or social value or interest. The Board will endeavor to improve, expand, and make more accurate the survey as additional documents, information, oral histories, and other such materials may become available, and it will periodically reevaluate the survey. The Board will work with the City Historical Society, the State Bureau of Historic Preservation, and other appropriate public and nonprofit organizations in maintaining this survey. (2) Nominate properties for designation, and regulate such properties, structures, buildings, sites, districts, and the like so designated as historic sites and/or historic districts. (3) Participate in the National Register program to the greatest possible extent, as defined by the 1981 and subsequent amendments to the Historic Preservation Act of 1966 and regulations and rules drafted pursuant hereto by the National Park Service and the State Bureau of Historic Preservation (4) Act as a regulatory body to approve, deny, or modify certificates of appropriateness as specified in Section 2.4.6(H). In addition to the Zoning District Regulations, the Historic Preservation Board shall apply the visual compatibility standards provided for in Section 4.5.1(E)(8) with regard to height, width, mass, scale, façade, openings, rhythm, material, color, texture, roof shape, direction, and other criteria set forth in Section (5) Act as a regulatory body to approve, deny, or modify a Master Development Plan. (6) Make recommendations concerning land development code amendments to the Planning and Zoning Board, and concerning building code amendments to the Chief Building Official, as they apply to Historic structures and districts. (7) Act in lieu of Board of Adjustment. The Historic Preservation Board shall act in lieu of the Board of Adjustment and is empowered to grant variances from existing ordinances for properties designated as historic sites, within designated historic districts or listed on the Local Register of Historic Places. In addition, the Board is empowered to grant variances from the sign code for those nonconforming signs which existed at the time of enactment of the sign code and relief to Section through the waiver process 4

5 [Section 2.4.7(B)]. Any appeal from the approval or denial of a variance by the Historic Preservation Board shall be directly to the City Commission. (8) Develop, establish, and regulate guidelines concerning contemporaneous architectural styles, colors, building materials, and so forth for all properties which are Individually Designated and/or located within historic districts. Such guidelines will be subject to review by the Planning and Zoning Board, and will be subject to approval by the Commission. The Board's consideration and approval of certificates of appropriateness under these guidelines shall be in lieu of consideration and approval by the Site Plan Review Board. (9) Make recommendations to the Commission about facade easements, the imposition of other restrictions, and the negotiation of contracts for the purposes of historic preservation. (10) Increase public awareness of the value of historic preservation by developing, conducting, and participating in public education programs. (11) Make recommendations to the Commission concerning the use of grants from federal and state agencies, and the use of City funds to promote the preservation and conservation of historically and aesthetically significant archaeological sites, historic sites, and historic districts. (12) Evaluate, comment upon, and make recommendations to the Commission concerning the deliberations and decisions of other public agencies affecting the physical development and appearance of historically and aesthetically significant archaeological sites, historic sites, and historic districts. (13) Contact public and private organizations, businesses, and individuals and endeavor to arrange agreements to help insure the conservation and preservation of historically and aesthetically significant sites, buildings, structures, and districts for which demolition or destruction is proposed. (14) In the name of the City, and only with the express approval of the Commission, seek, apply for, solicit, receive, and expend any federal, state, or private grant, gift, or bequest of any funding, property, or interest in property to further the purposes of historic and heritage conservation and preservation. (15) Make recommendations to the Commission, and by referral to the Planning and Zoning Board, to make historic preservation concepts an integral and ongoing part of all City planning and zoning codes, the City land use plan, and any comprehensive use planning required by this state. (16) Create and approve standardized historic markers and plaques and issue recognition to designated historic sites and historic districts within the City. (17) Advise the Commission on all matters related to the use, administration, and maintenance of city-owned designated historic sites and historic districts. (18) Execute any other functions which may be approved by ordinance or resolution of the Commission. 5

6 (19) Demonstrate a spirit of cooperation with and provide administrative assistance to property owners in the conservation and preservation of historic sites and properties within historic districts. (20) Develop and maintain a Historic Preservation Manual for the City to help property owners fulfill the regulations and requirements of this section and the regulations for historic preservation developed by the Historic Preservation Board and approval by the Commission. (D) Duties, Powers, and Responsibilities: The following duties, powers, and responsibilities shall be carried out by the Historic Preservation Board: (1) Act as a regulatory body on all development applications and Certificates of Appropriateness, as specified in Section 2.4.6(H) for properties located within a Historic District or for Individually Designated Sites as listed on the Local Register of Historic Places in Section 4.5.1(I), and subject to processing under Section (2) Act in lieu of the Board of Adjustment to grant variances pursuant to Section 2.4.7(A) for properties located within a Historic District or for Individually Designated Sites as listed on the Local Register of Historic Places in Section 4.5.1(I). (3) Grant variances from Section 4.6.7, Signs, for those nonconforming signs which existed at the time of enactment of Ordinance 51-75, adopted on December 8, (4) Grant relief to Section , Landscape Regulations, through the waiver process. (5) Grant relief from the number of parking spaces required for specific uses pursuant to Section 4.6.9(F)(1). (6) Make recommendations to the Planning and Zoning Board concerning amendments to the Land Development Regulations, and to the Chief Building Official concerning building code amendments, as they apply to Historic structures and districts. (7) Act as a regulatory body to approve, deny, or modify a Master Development Plan for properties located within a Historic District or for Individually Designated Sites as listed on the Local Register of Historic Places in Section 4.5.1(I). (8) Develop, establish, and regulate guidelines concerning contemporaneous architectural styles, colors, building materials, and so forth for all properties which are Individually Designated and/or located within historic districts. Such guidelines will be subject to review by the Planning and Zoning Board, and will be subject to approval by the Commission. (9) Develop, maintain, and update survey reports of archaeological sites, properties, buildings, structures, and districts of special historic, aesthetic, architectural, cultural, or social value or interest. The Board will endeavor to improve, expand, and make more accurate the survey report as additional documents, information, oral histories, and other such materials may become available, and it will periodically reevaluate all 6

7 survey reports. The Board will work with the Delray Beach Historical Society, the State Bureau of Historic Preservation, and other appropriate public and nonprofit organizations in maintaining the survey reports. Places. (10) Nominate buildings, sites, and districts for historic designation on the Local Register of Historic (11) Nominate and participate in the listing of buildings, sites, and districts on the National Register of Historic Places. (12) Make recommendations to the City Commission about facade easements, the imposition of other restrictions, and the negotiation of contracts for the purposes of historic preservation. (13) Increase public awareness of the value of historic preservation by developing, conducting, and participating in public education programs. (14) Make recommendations to the City Commission concerning the use of grants and City funds to promote the preservation and conservation of historically and aesthetically significant archaeological sites, historic sites, and historic districts. (15) Evaluate, comment upon, and make recommendations to the City Commission concerning the deliberations and decisions of other public agencies affecting the physical development and appearance of historically and aesthetically significant archaeological sites, historic sites, and historic districts. (16) Contact public and private organizations, businesses, and individuals and endeavor to arrange agreements to help insure the conservation and preservation of historically and aesthetically significant buildings and structures for which demolition is proposed. (17) In the name of the City, and only with the express approval of the City Commission, seek, apply for, solicit, receive, and expend any federal, state, or private grant, gift, or bequest of any funding, property, or interest in property to further the purposes of historic and heritage conservation and preservation. (18) Make recommendations to the City Commission, by referral to the Planning and Zoning Board, to make historic preservation concepts an integral and ongoing part of all City planning and zoning codes, the City Future Land Use Plan, and any comprehensive use planning required by this state. (19) Advise the City Commission on all matters related to the use, administration, and maintenance of city-owned designated historic sites. (20) Execute any other functions relevant to the duties, powers and responsibilities of the Board regarding historic preservation planning programs and policies which may be approved by ordinance or resolution of the City Commission. Section 2. That Article 2.4, General Procedures, Section 2.4.7, Procedures for Obtaining Relief From Compliance With Portions of the Land Development Regulations, Subsection (A), Variances, of the 7

8 Land Development Regulations of the City of Delray Beach, Florida, shall hereby be amended to read as follows: (A) Variances: A variance is a relaxation of the terms of these land development regulations where such variance will not be contrary to the public interest and where owing to the conditions peculiar to the property and not the result of the actions of the landowner, a literal enforcement of the regulations would result in unnecessary and undue hardship. (1) Rule: A variance shall be granted only by the Board of Adjustment, or the Historic Preservation Board, and only for relief from regulations established listed in Section 2.2.4(D), Powers of the Board of Adjustment. The Historic Preservation Board shall act on all variance requests within a Historic District or on a Historic Site, which otherwise would be acted upon by the Board of Adjustment. (2) Required Information: The following information including the appropriate processing fee must be provided for consideration of a variance: (a) Standard Application Items pursuant to 2.4.3(A); (b) A petition or application setting forth the requirements, with reference to code section, for which the variance is sought along with the basis for the associated hardship (a standard form petition as issued by the Chief Building Official shall be used for requests heard by the Board of Adjustment and a Variance Application from the Planning and Zoning Department shall be used for requests heard by the Historic Preservation Board.) (3) Process: A request for a variance shall be processed in the following manner: (a) Receipt and certification as to completeness; (b) Consideration at a public hearing before the Board of Adjustment or Historic Preservation Board; The action of the Board of Adjustment is final. (c) All actions are final unless an appeal is filed. Appeals to actions of the Board of Adjustment may be filed with the Circuit Court of Palm Beach County. Appeals to actions of the Historic Preservation Board may be filed with the City Commission. (4) Conditions: The reviewing Board may prescribe appropriate conditions and safeguards, in conformity with existing regulations, to provide mitigation of any adverse impacts associated with a required finding. Violations of such conditions or safeguards, when made a part of the terms under which the variance is granted, shall be deemed a violation of existing ordinances and punishable under Section (5) Findings: The Board of Adjustment following findings must be made make the following findings prior to approval of a variance: 8

9 (a) That special conditions and circumstances exist which are peculiar to the land, structure, or building involved and which are not generally applicable to other lands, structures, or buildings subject to the same zoning (The matter of economic hardship shall not constitute a basis for the granting of a variance); (b) That literal interpretation of the regulations would deprive the applicant of rights commonly enjoyed by other properties subject to the same zoning; (c) That the special conditions and circumstances have not resulted from actions of the applicant; (d) That granting the variance will not confer onto the applicant any special privilege that is denied to other lands, structures, and buildings under the same zoning. Neither the permitted, nor nonconforming use, of neighborhood lands, structures, or buildings under the same zoning shall be considered grounds for the issuance of a variance; (e) That the reasons set forth in the variance petition justify the granting of the variance, and that the variance is the minimum variance that will make possible the reasonable use of the land, building, or structure; and, (f) That the granting of the variance will be in harmony with the general purpose and intent of existing regulations will not be injurious to the neighborhood, or otherwise detrimental to the public welfare. (6) Alternative Findings of the Historic Preservation Board: The Board may be guided by the following to make findings as an alternative to the criteria above: (a) That a variance is necessary to maintain the historic character of property and demonstrating that the granting of the variance would not be contrary to the public interest, safety, or welfare. (b) That special conditions and circumstances exist, because of the historic setting, location, nature, or character of the land, structure, appurtenance, sign, or building involved, which are not applicable to other lands, structures, appurtenances, signs, or buildings in the same zoning district, which have not been designated as historic sites or a historic district nor listed on the Local Register of Historic Places. (c) That literal interpretation of the provisions of existing ordinances would alter the historic character of the historic district, or historic site to such an extent that it would not be feasible to preserve the historic character of the historic district or historic site. (d) That the variance requested will not significantly diminish the historic character of a historic site or of a historic district. 9

10 (e) That the requested variance is necessary to accommodate an appropriate adaptive reuse of a historic building, structure, or site: Section 3. That Article 4.4, Base Zoning District, Section 4.4.3, Single Family Residential (R-1) District, Subsections (E), Review and Approval Process, (F), Development Standards, and (G), Supplemental District Regulations, of the Land Development Regulations of the City of Delray Beach, Florida, shall hereby be amended to read as follows: (E) Review and Approval Process: (1) All principal uses and accessory uses thereto shall be allowed upon application to and approval by the Chief Building Official for structures which require a building permit and otherwise complying with applicable use restrictions. (2) Conditional uses must be approved pursuant to the provisions of Section 2.4.5(E). (3) The creation of a new lot for the purpose of building a single family residence requires platting pursuant to 2.4.5(J) or (K), as applicable. (4) Within the North Beach/Seagate and Ocean Neighborhood Overlay Districts, all applications for single family residences, and additions and renovations that exceed 50% of the square footage of the existing structure must be reviewed in accordance with the Beach Property Owners Design Manual, pursuant to the site plan processing schedule provisions of Section (5) Any development of properties located within a Historic District or Individually Designated Sites as listed on the Local Register of Historic Places in Section 4.5.1(I) is subject to review by the Historic Preservation Board, pursuant to Section 2.2.6(D). (F) Development Standards: The development standards as set forth in Section shall apply, except as modified below: (1) North Beach/Seagate and Ocean Neighborhood Overlay Districts: In addition to the provisions of Section 4.3.4(K), properties located within the North Beach/Seagate and Ocean Neighborhood Overlay Districts shall comply with the provisions of the adopted Beach Property Owners Design Manual for the North Beach and Seagate Neighborhoods including but not limited to visual compatibility standards relating to limitations on height, width, mass, scale, materials, color, style, form, and square footage. (2) Lake Ida Neighborhood Overlay District: In addition to the provisions of Section 4.3.4(K), properties located within the Lake Ida Neighborhood Overlay District shall comply with the following regulations: (a) Maximum Lot Coverage: 1. Forty percent (40%) for one story houses 10

11 2. Thirty percent (30%) for multi-story houses (b) The maximum Floor Area Ratio is.35 for a multi-story house. Property with frontage on Lake Ida are allowed a Floor Area Ratio of.40 for a multi story house. (c) The area of the upper floors shall not be greater than seventy-five percent (75%) of the area of the first floor. Properties with frontage on Lake Ida are allowed to have upper floors with up to 100% of the area of the first floor. (d) Minimum setback for multi-story homes in the R-1-AA zoning district shall be twenty-five feet (25 ) for the front yard and fifteen feet (15 ) for the rear yard. (e) Minimum setback for multi-story homes in the R-1-AAA and R-1-AAAB zoning districts shall be thirty feet (30 ) for the front yard and seventeen feet (17 ) for the rear yard. (f) Additional landscaping required for both new multi-story houses or additions to existing multi-story houses shall be as follows: 1. New houses: landscaping requirements shall be the same as the Beach Districts as provided in the Beach Property Owners Design Manual for the North Beach and Seagate Neighborhoods. 2. Additions: supplemental landscaping shall be provided along that portion of the house where the new upper floor addition occurs within 5 of the minimum required setback lines. The intent of the requirement is to soften and screen the upper story addition and shall generally consist of additional vertical landscaping which would include fourteen foot (14 ) shade trees or eighteen foot (18 ) Palm trees at spacings determined by the City Landscape Department to be sufficient to meet the intent of this requirement. (g) First Floor Maximum Height: 1. Single-story or first floor limits shall be established by: a. Height from finished floor elevation to top of beam (tie or bond) shall not exceed fourteen feet (14 ). b. Any portion exceeding the dimensions described in Section 4.4.3(F)(2)(g)1.a. above shall be considered multi-story structures. (h) Upper Story Height: 1. Height from finished floor elevation to finished floor elevation or top of beam (tie or bond) shall not exceed twelve feet (12 ). 11

12 (3) Carver Square Brownfield Area Development Standards: The following development standards apply to properties located in the Carver Square Brownfield Area (Resolution No Carver Square Lots 11-30). (a) Setbacks: (1) Front: 20 (2) Side (Street): 10 (3) Side (Interior): 7.5 (4) Rear 10 (b) Setbacks for Garages, Carports and Porte-Cocheres: Required parking is not allowed in the front or street side setback. Garages, carports and porte-cocheres must have a minimum 20 setback when the entrance faces a public street. or alley. (c) Porch Encroachments: Front porches may extend 5 into the front or side street setback and cannot be enclosed in any manner. (4) Historic Districts, Sites, and Buildings: In addition to the provisions of 4.3.4, properties located within a Historic District or Individually Designated Sites, as listed on the Local Register of Historic Places in Section 4.5.1(I), are subject to the provisions of Section (G) Supplemental District Regulations: The supplemental district regulations as set forth in Article 4.6 shall apply, except as modified below: (1) North Beach/Seagate and Ocean Neighborhood Overlay Districts: In addition to the provisions of Section 4.3.4(K), properties located within the North Beach/Seagate and Ocean Neighborhood Overlay Districts shall comply with the provisions of the adopted Beach Property Owners Design Manual for the North Beach and Seagate Neighborhoods including but not limited to visual compatibility standards relating to limitations on height, width, mass, scale, materials, color, style, form, and square footage. (2) Carver Square Brownfield Area: Within the Carver Square Brownfield Area (Resolution No Carver Square Lots 11-30), all irrigation must be connected to a City water system and the provision of irrigation from a well system is prohibited. (3) Historic Districts, Sites, and Buildings: Properties located within a Historic District or Individually Designated Sites, as listed on the Local Register of Historic Places in Section 4.5.1(I), shall comply with the Visual Compatibility Standards of Section 4.5.1(E)(8). Section 4. That Article 4.4, Base Zoning District, Section 4.4.5, Low Density Residential (RL) District, Subsections (E), Review and Approval Process, (F), Development Standards, and (G), Supplemental District Regulations, of the Land Development Regulations of the City of Delray Beach, Florida, shall hereby be amended to read as follows: 12

13 (E) Review and Approval Process: (1) Single family and duplex uses and accessory uses thereto shall be allowed upon application to and approval by the Chief Building Official for structures which require a building permit and otherwise complying with applicable use restrictions. (2) New Mmultiple family uses and structures must be approved by the Site Plan Review and Appearance Board pursuant the provisions of Section 2.4.5(F), 2.4.5(H), and (I)., unless it is a property located within a Historic District or Individually Designated Sites, as listed on the Local Register of Historic Places in Section 4.5.1(I). (3) The creation of a new lot for the purpose of building a single family residence requires platting pursuant to 2.4.5(J) or (K), as applicable. (4) Conditional uses must be approved pursuant to the provisions of Section 2.4.5(E). (5) Any development of properties located within a Historic District or Individually Designated Sites as listed on the Local Register of Historic Places in Section 4.5.1(I) is subject to review by the Historic Preservation Board, pursuant to Section 2.2.6(D). (F) Development Standards: (1) The provisions for the R-1-A District shall apply for single family detached dwellings. (2) The development standards as set forth in Section shall apply for duplex and multi-family development. (3) In addition to the provisions of 4.3.4, properties located within a Historic District or Individually Designated Sites, as listed on the Local Register of Historic Places in Section 4.5.1(I), are subject to the provisions of Section (G) Supplemental District Regulations: The supplemental district regulations as set forth in Article 4.6 shall apply, except as modified below: (1) Historic Districts, Sites, and Buildings: Properties located within a Historic District or Individually Designated Sites, as listed on the Local Register of Historic Places in Section 4.5.1(I), shall comply with the Visual Compatibility Standards of Section 4.5.1(E)(8). Section 5. That Article 4.4, Base Zoning District, Section 4.4.6, Medium Density Residential (RM) District, Subsections (E), Review and Approval Process, (F), Development Standards, and (G), Supplemental District Regulations, of the Land Development Regulations of the City of Delray Beach, Florida, shall hereby be amended to read as follows: (E) Review and Approval Process: 13

14 (1) Single family and duplex uses and accessory uses thereto shall be allowed upon application to and approval by the Chief Building Official for structures which require a building permit and which otherwise comply with applicable use restrictions. (2) New Mmultiple family uses and structures must be approved by the Site Plan Review and Appearance Board pursuant to the provisions of Section 2.4.5(F), 2.4.5(H), and (I), unless the property is located within a designated historic district of is individually designated. (3) The creation of a new lot for the purpose of building a single family residence requires platting pursuant to 2.4.5(J) or (K), as applicable. (4) Conditional uses must be approved pursuant to the provisions of Section 2.4.5(E). (5) Any development of properties located within a Historic District or Individually Designated Sites as listed on the Local Register of Historic Places in Section 4.5.1(I) is subject to review by the Historic Preservation Board, pursuant to Section 2.2.6(D). (F) Development Standards: (1) The provisions for the R-1-A District shall apply for single family detached dwellings. (2) The development standards as set forth in Section shall apply for duplex and multi-family development, except as modified herein (3) Southwest Neighborhood and Carver Estates Overlay Districts and Infill Workforce Housing Area Development Standards: The following development standards apply to duplex and multifamily development in the Southwest Neighborhood Overlay District, Carver Estates Overlay District and the Infill Workforce Housing Area, which is being developed pursuant to regulations set forth in Article 4.7, Family/Workforce Housing. (a) Setbacks: (1) Front: 15 (2) Side (Street): 15 (3) Side (Interior): 1 and 2 story 10 3 story 15 (4) Rear: 10 (b) Setbacks for Garages, Carports and Porte-Cocheres: Garages, carports and portecocheres must have a minimum 20 setback when the entrance faces a public street or alley. 14

15 (c) Porch Encroachments: Front porches may extend 5 into the front or side street setback and cannot occupy more than 50% of the building frontage and cannot be enclosed in any manner. (4) Historic Districts, Sites, and Buildings: In addition to the provisions of 4.3.4, properties located within a Historic District or Individually Designated Sites, as listed on the Local Register of Historic Places in Section 4.5.1(I), are subject to the provisions of Section (G) Supplemental District Regulations: In addition to the supplemental district regulations set forth in Article 4.6, the following supplemental district regulations shall apply in the RM zone district. (1) Southwest Neighborhood and Carver Estates Overlay Districts and Infill Workforce Housing Area: The following supplemental district regulations shall apply to duplex and multi-family development in the Southwest Neighborhood Overlay District, Carver Estates Overlay District and the Infill Workforce Housing Area, which is being developed pursuant to regulations set forth in Article 4.7, Family/Workforce Housing. (a) Parking in the front yard is discouraged. No parking shall be allowed in the front yard unless there is no dedicated access to the side or rear of the property. (b) When garages are provided in the side or rear yards, on-street parking must be provided. (2) Historic Districts, Sites, and Buildings: Properties located within a Historic District or Individually Designated Sites, as listed on the Local Register of Historic Places in Section 4.5.1(I), shall comply with the Visual Compatibility Standards of Section 4.5.1(E)(8). Section 6. That Article 4.4, Base Zoning District, Section , Central Business (CBD) District, Subsections (E), Review and Approval Process, (F), Development Standards, and (G), Supplemental District Regulations, of the Land Development Regulations of the City of Delray Beach, Florida, shall hereby be amended to read as follows: (E) Review and Approval Process: (1) In established structures, uses shall be allowed therein upon application to, and approval by, the Chief Building Official for an occupational license. (2) For any new development, approval must be granted by the Site Plan Review and Appearance Board (SPRAB) pursuant to Sections 2.4.5(F), 2.4.5(H), and 2.4.5(I), unless the property is located within a designated historic district or is individually designated. (3) Conditional uses must be approved pursuant to the provisions of Section 2.4.5(E). (4) Applications for conditional use approval pursuant to Section (I) must include, in addition to the standard application items of 2.4.3(A), a site and development plan (including landscaping, elevations, 15

16 and floor plans) that are of sufficient detail to determine that the applicable performance standards are being met. Final approval of the detailed site plan is by the Site Plan Review and Appearance Board. (5) The process for modification of a conditional use and site plan approved pursuant to Section (I) is as follows: (a) Modifications to any aspect of the plan that was a basis for determining compliance with the applicable performance standards shall be processed as a modification to the conditional use approval. (b) Modifications to the plan that do not affect the application of the performance standards may be processed as a site plan modification. (6) All development applications which are processed through the Planning and Zoning Board, or SPRAB, or HPB shall be referred to the Downtown Development Authority and the Community Redevelopment Agency prior to action by the approving body. (7) Any development of properties located within a Historic District or Individually Designated Sites as listed on the Local Register of Historic Places in Section 4.5.1(I) is subject to review by the Historic Preservation Board, pursuant to Section 2.2.6(D). (F) Development Standards: The development standards set forth in Section shall apply, except as modified below. In case of conflict with other applicable development regulations, this Section shall apply: (1) Height: The CBD is a geographic area in which exceptions to height regulations are allowed pursuant to Section 4.3.4(J). (a) Overall Height of buildings shall be a minimum of twenty-five feet (25 ) and a maximum of forty-eight feet (48 ) in height. Exceptions to the height limitations shall comply with Section 4.3.4(J)(3) and (4). For the purposes of this section, height is defined as the vertical distance from grade to the highest finished roof surface of a flat roof, or the soffit above the last habitable floor of a gable, hip or gambrel roof. (b) Arcade Height shall be a minimum ten feet (10 ), measured from finished arcade floor to finished arcade ceiling. (c) Floor Height shall be a minimum of ten feet (10 ) for ground floors and a minimum height of nine feet (9 ) for all other floors. Hotel/Motel and all suite lodging shall have a minimum floor height of eight feet six inches (8 6 ) for all floors, provided that the lobby and all public rooms shall have a minimum floor height of ten feet (10 ). All heights shall be measured from finished floor to finished ceiling. Auxiliary and service rooms, such as, garages, restrooms, closets, laundry rooms, dressing rooms, storage rooms, mechanical, electrical, and plumbing equipment rooms are exempted from the floor height regulations. 16

17 (2) Open Space: A minimum of 10% non-vehicular open space shall be provided; however, within the area encompassed by the boundaries of the original Downtown Development Authority as described in Section 8.2.2(B), and within those sections of the CBD zoning district located within the Pineapple Grove Main Street area and east of the Intracoastal Waterway, there shall be no minimum open space requirement. Notwithstanding the provisions of this section, the body acting upon a development application within the CBD may require that open areas, including but not limited to courtyards, plazas, and landscaped setbacks, be provided in order to add interest and provide relief from the building mass. follows: (2) Open Space: A minimum of 10% non-vehicular open space shall be provided, except as (a) There shall be no minimum open space requirement within the area encompassed by the boundaries of the original Downtown Development Authority as described in Section 8.2.2(B); within the Pineapple Grove Main Street area; or east of the Intracoastal Waterway, (b) The body acting upon a development application for a property within the CBD may require that open areas, including but not limited to courtyards, plazas, and landscaped setbacks, be provided in order to add interest and provide relief from the building mass. (3) Building Frontage: (a) The building frontage for an interior lot is the portion of the lot abutting the primary street minus the minimum required side setbacks. (b) The building frontage for the primary street side of a corner lot is the portion of the lot abutting the primary street minus the minimum required side setbacks. (c) The building frontage for the secondary street side of a corner lot is the portion of the lot abutting the secondary street minus the minimum required front and rear setbacks. (d) Frontage and setbacks shall be taken from the property line, or if a dedication is required, from the resulting property line after dedication. (4) Front Setbacks: (a) The following minimum front setbacks shall apply in all districts: 1. For buildings with residential uses on ground floor: ten feet (10 ) 2. For buildings with nonresidential uses on the ground floor: five feet (5 ) 3. For arcaded buildings fronting on A-1-A or on Atlantic Avenue within the West Atlantic and Beach Area districts: zero feet (0 ) 17

18 (b) In addition to Section (F)(4)(a) above, for buildings fronting on A-1-A, Atlantic Avenue in the West Atlantic Neighborhood and Beach Districts, and on NE and SE 5th and NE and SE 6th Avenues: 1. LOWER LEVELS - Ground floor to thirty-seven feet (37 ): A minimum of seventy percent (70%) and a maximum of ninety percent (90%) of the building frontage shall be set back no greater than ten feet (10 ) from the property line. The remaining length of the building shall be setback a minimum of fifteen feet (15 ) from the property line. 2. UPPER LEVELS - above thirty-seven feet (37 ) to forty-eight feet (48 ): At least seventy percent (70%) of the frontage shall be set back a minimum of fifteen feet (15 ) from the property line. The remaining length of the building shall comply with the minimum required setbacks. The floor area for each floor contained within the portion of the structure that is thirty-seven feet (37 ) to forty-eight feet (48 ) in height shall not exceed seventy percent (70%) of the floor area contained within the allowable ground level footprint. (c) In addition to Section (F)(4)(a), above, for buildings fronting on other rights-of-way in the CBD: 1. LOWER LEVELS - Ground floor to twenty-five feet (25 ): A minimum of seventy percent (70%) and a maximum of ninety percent (90%) of the building frontage shall be set back no greater than ten feet (10 ) from the property line. The remaining length of the building shall be set back a minimum of fifteen feet (15 ) from the property line. 2. UPPER LEVELS - above twenty-five feet (25 ) to forty-eight feet (48 ): At least seventy percent (70%) of the frontage shall be set back a minimum of fifteen feet (15 ) from the property line. The remaining length of the building shall comply with the minimum required setbacks. The floor area for each floor contained within the portion of the structure that is twenty-five feet (25 ) to forty-eight feet (48 ) in height shall not exceed seventy percent (70%) of the floor area contained within the allowable ground level footprint. (d) In addition to Section (F)(4)(a), above, where allowed: 1. UPPER LEVELS above forty-eight feet (48 ): At least ninety percent (90%) of the frontage shall be set back a minimum of thirty feet (30 ) from the property line. The remaining length of the building shall comply with the minimum required setbacks. The floor area for each floor contained within the portion of the structure that exceeds fortyeight feet (48 ) in height shall not exceed fifty percent (50%) of the floor area contained within the allowable ground level footprint. 18

19 (e) Exceptions: 1. Three (3) story town homes having residential uses on all three levels are not required to comply with upper level frontage and floor area requirements. Ground floor frontage and setback requirements shall apply. Each story shall not exceed twelve feet (12 ) in height. 2. Modifications to the frontage requirements may be permitted to accommodate stair towers, elevator shafts, life and safety elements, other non-habitable elements of the structure, sight visibility triangles, vehicular access ways, and utilities. In all cases the modification shall be the minimum required to accommodate the necessary feature. 3. Lots of record with a width of fifty feet (50 ) or less shall be exempted from the building frontage requirements provided a minimum five foot (5 ) to maximum ten foot (10 ) setback is provided for the portion of the building from finished grade to twenty-five feet (25 ) in height and a minimum fifteen foot (15 ) setback is provided above a height of twenty-five feet (25 ) and above forty-eight feet (48 ) a thirty foot (30 ) minimum setback from the property line shall apply. 4. Modifications to the frontage requirements may be granted by the Site Plan Review and Appearance board or the Historic Preservation Board in order to accommodate plazas that connect the building to the sidewalk and promote social interaction by offering one or more of the following: public seating areas, sidewalk cafes, sculptures or other artwork for public display, and similar features. 5. Parking garages, subject to minimum front and street side setbacks of ten feet (10 ), and a minimum setback of five feet (5 ) from any alley right of way. Parking garages must comply with the requirements of Section (B)(14)(vi)(4). 6. Modifications to the frontage requirements may be granted by the Site Plan Review and Appearance Board or the Historic Preservation Board in order to accommodate civic buildings such as libraries, cultural facilities, municipal buildings, etc. (f) Supplemental: 1. The front setback area shall be finished with paving materials to match the existing or planned sidewalks within the adjacent right-of-way. 2. Building and site design shall incorporate Crime Prevention Through Environmental Design (CPTED) standards to the greatest extent possible. 3. Arcades shall have a minimum width of ten feet (10 ), inclusive of columns or pilasters up to a maximum width of two feet (2 ). 19

20 (5) Side Interior Setbacks for all buildings shall be as follows: (a) Zero feet (0 ) from the property line if there is vehicular access available to the rear of any structure, or (b) Ten feet (10 ) from the property line where no vehicular access is available to the rear of any structure. For a side interior lot, a ten foot (10 ) setback is required only on one (1) side. (c) Buildings shall also comply with Section 4.6.4(A), as applicable. (6) Side Street Building Frontage and Setbacks (a) Side street setbacks shall be taken from the property line, or if a dedication is required, from the resulting property line after dedication. (b) Side street building frontage and setbacks shall comply with the applicable requirements in Section (F)(4). (c) Corner lots may continue primary frontage setbacks for a distance of sixty feet (60 ) from the front property line or if a dedication is required from the resulting property line after dedication. (7) Rear Setbacks (a) All building floors shall be a minimum of ten feet (10 ) from the property line. (b) Buildings shall also comply with Section 4.6.4(A), as applicable. (8) Structures Allowed Within Setback (a) Balconies may encroach a maximum of four feet (4 ) into the setbacks. (b) Loggias and Trellises above the ground floor are allowed to encroach into the setbacks provided they do not exceed the required building setback of the portion of the floor directly below it. (c) Roof Eaves may encroach into the setbacks a maximum of four feet (4 ). (9) Historic Districts, Sites, and Buildings: In addition to the above, properties located within a Historic District or Individually Designated Sites, as listed on the Local Register of Historic Places in Section 4.5.1(I), are subject to the provisions of Section

21 (G) Supplemental District Regulations: In addition to the supplemental district regulations as set forth in Article 4.6, except as modified below, the following shall also apply. (1) Central Core and Beach Area supplemental Regulations: (a) Within that portion of the CBD bounded by Swinton Avenue on the west, N.E. 2nd Street on the north, the Intracoastal Waterway on the east and S.E. 2nd Street on the south, the parking requirements for all non-residential uses, except restaurants, hotels and motels, and business and professional offices, shall be one space for each 300 square feet of gross floor area or fraction thereof. The parking required for the creation of new floor area, shall also include the replacement of any previously required parking which may be eliminated. Within all other geographic areas of the Central Core and Beach Area within the CBD Zone District, the provisions of Section 4.6.9(C) shall apply, as further modified within this Subsection (G)(1). (b) When the parking requirements are applied to either new development, expansion of an existing use or a change in use, which results in the requirement of only one new parking space, a one space exemption shall be allowed. This exemption may only occur once per property. (c) If it is impossible or inappropriate to provide required parking on-site or off-site, pursuant to Subsection 4.6.9(E)(4), the in-lieu fee option provided in Section 4.6.9(E)(3) may be applied. (d) The parking requirement for restaurants is established at six (6) spaces per 1,000 square feet of gross floor area. (e) The parking requirement for hotels and motels within that portion of the CBD bounded by Swinton Avenue on the west, N.E. 2nd Street on the north, the Intracoastal Waterway on the east and S.E. 2nd Street on the south is established at 0.7 of a space for each guest room plus one (1) space per 300 sq. ft. of floor area devoted to ballrooms, meeting rooms, and shops and six (6) spaces per 1,000 sq. ft. of floor area devoted to restaurants and lounges within the hotel or motel. (f) The parking requirements for residential units in multi-family structures and mixed-use buildings shall be as follows: Efficiency dwelling unit One bedroom dwelling unit Two or more bedroom dwelling unit Guest parking shall be provided cumulatively as follows: space/unit 1.25 spaces/unit 1.75 spaces/unit

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