§ 4.3.4. Base district development standards.

(A)

General. The following standards are provided in order to fulfill those purpose statements found in Section 4.1.1 which pertain to determination and regulation of area, size, bulk, height, and other physical aspects of development. Standards for the following items are applicable to all zoning districts in the manner set forth in Subsection (K). The basis for measurement or calculation of those standards are set forth below as are provisions for exceptions.

(B)

Lot area. The area contained within the perimeter of the lot upon which the use is to be located.

(1)

Said area shall be calculated prior to dedication of additional land for right-of-way purposes or for dedication as a lake management tract. The lot area described in the matrix is the minimum lot area which is required for the establishment of use.

(2)

Notwithstanding the above, the lot area for a duplex which is to be held in separate ownership may be reduced to a minimum of 4,000 square feet per lot when a two hour or more fire rated tenant separation wall becomes the basis for the separation of lots. [Amd. Ord. 23-97 5/20/97]

(3)

Minimum lot areas do not need to be provided for individual ownerships within condominium and townhome developments; or for lots which are platted as tracts for specific purposes other than residential or commercial development.

(C)

Width. The mean horizontal distance between the side lines of a lot measured at right angles to the depth. Other than at this point, the width of a lot may be less than the minimum set forth in the matrix.

(D)

Depth. The distance measured from the midpoint of the front lot line to the midpoint of the opposite rear line of the lot. Other than at this point, the depth of a lot may be less than the minimum set forth in the matrix.

(E)

Front and frontage. [Amd. Ord. 43-98 11/3/98]

(1)

Each lot is required to have frontage.

(2)

On curving streets and cul-de-sacs the frontage may be reduced by 40 percent provided the centerline radius of the street is 100 feet or less. [Amd. Ord. 43-98 11/3/98]

(3)

The front of a lot is the side with frontage on a street. For corner lots, the side having the least street frontage shall be the front for setback purposes. Where a corner lot or through lot has frontage on an arterial or collector street, the front shall be the side with frontage on the arterial or collector. For lots with frontage on both an arterial and a collector, the front shall be the arterial frontage. [Amd. Ord. 43-98 11/3/98]

(4)

Notwithstanding the previous description, if a limited access easement or limited access right-of-way runs the length of the frontage on a street, then the front of the lot shall be on a frontage without such access restrictions. [Amd. Ord. 43-98 11/3/98]

(F)

Floor area.

(1)

In single family detached units and duplex structures, the floor area shall be all enclosed space in the principle structure exclusive of terraces and unroofed areas and 50 percent of the area for attached garages, carports, and screened porches.

(2)

In multiple family structures, the floor area shall be the net living area for each unit within the structure exclusive of balconies, decks, porches, and common areas such as corridors, lobbies, etc.

(G)

Lot coverage. Formerly "ground floor building area", lot coverage is the maximum amount of the lot which may be devoted to coverage by a structure or structures.

(H)

Setbacks.

(1)

General. Setbacks are measured at right angles to the lot line and represent the minimal distance within which a structure may come to said lot line. Setbacks are established for front, interior side, street side, and rear lot lines. Lot lines along rights-of-way are established, for setback purposes, as being for the ultimate right-of-way as required for the minimum section for the class of street or as otherwise required by the Traffic Network as contained in the Transportation Element of the Comprehensive Plan.

(2)

Large lot development. Where structures are established within a development which does not have interior lot lines (apartment complex), building setbacks shall be measured from the right-of-way or easement or other description provided for the interior street system and distance between building requirements as set forth in Section 4.6.2. However, in any event the setback requirements for the district shall be observed around the perimeter of the overall development.

(3)

Zero lot line development.

(a)

A zero lot line development allows the placement of a structure coterminous to a side property line provided the distance between the structure and the structure on the adjacent lot is a minimum of 15 feet. A zero lot line cannot occur adjacent to property which is not a part of a zero lot line development.

(b)

All accessory buildings, structures, or uses attached or unattached to the principal structure shall comply with the applicable setbacks for the zoning district in which the development is located except that attached garages may be placed contiguous to the side property line on which the principal structure is located.

(c)

Roof eaves may project over the zero lot line up to a maximum of 18 inches if adequate gutters are provided to prevent runoff onto the contiguous property and if an appropriate easement is recorded for roof encroachment. Eaves or other overhangs may not project over utility easements.

(4)

Structures allowed in setbacks. The following structures are allowed in required setbacks pursuant to stipulations contained herein.

(a)

Barbecue pits, not to exceed six feet by six feet.

(b)

Fences and walls pursuant to Section 4.6.5.

(c)

Fish or lily ponds, not to exceed a depth of 24 inches.

(d)

House eaves, not to exceed a three-foot overhang.

(e)

Lot line walls not to exceed six feet in height.

(f)

Planter walls, not to exceed three feet in height.

(g)

Pump houses, not to exceed three feet in height.

(h)

Rock gardens.

(i)

Swimming pools in conformance with provisions of Section 4.6.15.

(j)

Air conditioner units, transformers.

(k)

Permanently installed generators, not to exceed a height of 4.5 feet, subject to the provisions of LDR Section 4.3.3(ZZ). [Added by Ord. 28-06 5/16/06 and remaining items renumbered]

(l)

Steps and platforms for the principal building but not to exceed three feet in height. [Amd. Ord. 12-91 3/13/91]

(m)

Trellises which may extend to no more than five feet from the side of the principal building or extend more than two feet from the front or rear of the principal building. [Amd. Ord. 12-91 3/13/91]

(n)

Boat slips, whether attached or detached, which shall not be built closer than ten feet from any abutting property line, and which shall not occupy more than 20 percent of the total lot area. [Amd. Ord. 12-91 3/13/91]

(o)

Canopies, marquees, and covered walkways may extend within front and side setback areas in commercial zone districts. [Amd. Ord. 12-91 3/13/91]

(5)

Setbacks for screen porches, screen enclosures, and accessory structures in rear yards shall comply with the following requirement: [Amd. Ord. 12-91 3/13/91]

(a)

In all residential zoning districts, the minimum rear setback for screen porches attached to residential type buildings shall be ten feet whenever at least 50 feet of open space, as defined in subsection (c) below, separates that rear property line from the next rear property line directly across and abutting the open space.

(b)

The accessory structure of a screen enclosure around swimming pools and other accessory structures may have a zero rear yard setback whenever at least 50 feet of open space as defined in subsection (c) below separates the rear property line from the property line directly across and abutting the open space. However, this subsection does not constitute a change to provisions of Section 4.3.4(H)(4) (Structures Allowed in Setbacks) or Section 4.6.5 (Walls, Fences, Hedges and the Like) in the interpretation of height restrictions. Any accessory structure which has a solid roof shall not be allowed a height greater than that allowed by the above sections.

(c)

For the purpose of this subsection (5), open space shall mean any exterior open area clear from the ground upward, except as noted below, such as canals, lakes, golf courses, parks, sidewalks, streets, parking areas, bicycle paths, and the like. If an area of open space such as a golf course includes buildings or structures utilized in connection therewith, the reduced setback provision contained above shall still apply if there is a minimum of 50 feet between such buildings and structures, and the property line on which the subject screen porch is to be located.

(d)

In order to qualify for the reduced setback provision, the open space must either consist of common open space that is owned or leased by the owners of residential units within the subdivision of which that open space is a part, or be dedicated to the public, or restricted to such open space use by covenants, declarations, easements, or deed restrictions in order to provide a reasonable degree of assurance of the continuity of the open space status of the property.

(e)

In zero lot line developments only, screened enclosures may extend into the interior side setback areas, but shall not be placed less than five feet from the property line. [Amd. Ord. 48-93 8/10/93]; [Amd. Ord. 12-91 3/13/91]

(f)

Any conflicts between this subsection (5), and the regulations as set forth in individual residential zoning districts shall be governed by the provisions of this subsection.

(6)

Special setbacks. Three types of special setbacks are established in order to provide for preservation of area for expansion of roadways and/or streetscape beautification. These are: special building setbacks, special landscape setbacks, and a combination thereof.

(a)

Special building setbacks. Within the following special building setbacks, no structures shall be altered, erected, or reconstructed:

*

Along Ocean Boulevard (State Road A1A), a twenty-foot setback shall be provided from the "Brockway Line," as shown in Plat Book 20, Page 4, Public Records of Palm Beach County, Florida. The "Brockway Line" shall be the "building line" for Lots 1 thru 7 inclusive, Block 1, Ocean Park, as shown in Plat Book 5, Page 15, Public Records of Palm Beach County, Florida.

*

Reserved. [DELETED BY AMD. ORD. 70-95 12/5/95]

*

Within the residential district along the west side of S.W. 8th Avenue, between West Atlantic Avenue and S.W. 1st Street, a 50-foot setback shall be provided from the east property line.

*

Along Lake Ida Road extending from Swinton Avenue westward to Military Trail, a 64-foot setback shall be provided on both sides of the centerline. [Amd. Ord. 64-06 11/21/06

*

Along George Bush Boulevard, between Swinton Avenue and A-1-A, a 50-foot setback shall be provided on both sides of the centerline.

(b)

Special landscape setbacks. Within the following special landscape setbacks, no structures shall be altered, erected, or reconstructed; nor shall any paving be allowed except for driveways and sidewalks which lead to structures on, or provide access to, the site and then only when generally perpendicular to the frontage. However, waivers may be granted to these restrictions at the time of site plan review in order to accommodate landscape features, decorative walls, meandering sidewalks, and other decorative pedestrian ways.

1.

Along Federal Highway (U.S. Highway 1), including the one way pairs (5 ^th and 6 ^th Avenues), extending from the south City limits to S.E. 10 ^th Street, special landscape areas shall be provided as shown below on both sides of the ultimate right-of-way: [Amd. Ord. 17-99 6/15/99]

LOT DEPTH	SINGLE FRONTAGE	DOUBLE FRONTAGE*
Up to 200'	10'	10'
201 to 250'	15'	10'
251 to 300'	20'	15'
Over 300'	25'	20'

 

* Includes frontage on both Federal Highway and Dixie Highway [Amd. Ord. 17-99 6/15/99]

2.

Along Federal Highway (U.S. Highway 1), including the one-way pairs (5 ^th and 6 ^th Avenues), extending from S.E. 10 ^th Street to the north City limits, but excluding the blocks between S.E. 1 ^st Street and N.E. 1 ^st Street, a ten- foot special landscape area shall be provided on both side of the ultimate right-of-way. [Amd. Ord. 17-99 6/15/99]

The special landscape area shall not be required between the front building edge and the ultimate right-of-way where storefronts face the roadway and no parking or vehicular circulation areas are provided between the building and the right-of-way. However, the body acting upon the development application may require that foundation plantings, street trees or other landscape features be installed in front of the building to add interest and provide relief from the building mass. [Amd. Ord. 17-99 6/15/99]

3.

Along West Atlantic Avenue, From I-95 to the Western City Limits, a special landscape area shall be provided on both sides of the ultimate right-of-way. [Amd. Ord. 17-99 6/15/99]

This landscape area shall be the smaller distance of either 30 feet or ten percent of the average depth of the property; however, in no case shall the landscape area be less than ten feet.

4.

Along Linton Boulevard, from A-1-A to the western City limits, a special landscape area shall be provided. This landscape area shall be the smaller distance of either 30 feet or ten percent of the average depth of the property; however, in no case shall the landscape area be less than ten feet: [Amd. Ord. 17-99 6/15/99]

5.

Along Congress Avenue, from the L-38 Canal northward to the L-30 Canal, a special landscape area shall be provided. This landscape area shall be the smaller distance of either 30 feet or ten percent of the average depth of the property; however, in no case shall the landscape area be less than ten feet. [Amd. Ord. 17-99 6/15/99]

6.

Along Military Trail, from the L-38 Canal northward to the L-30 Canal, a special landscape area shall be provided. This landscape area shall be the smaller distance of either 30 feet or ten percent of the average depth of the property; however, in no case shall the landscape area be less than ten feet. [Amd. Ord. 17-99 6/15/99]

(c)

Combination building and landscape setbacks. Within the following special setbacks, no structures shall be altered, erected, or reconstructed. Further, within the first ten feet thereof there shall be no paving except for driveways and sidewalks which lead to structures on, or provide access to, the site and then only when generally perpendicular to the frontage.

* Along South 10th Street and Lowson Boulevard, extending from S.E. 5th Avenue to Military Trail, a 30-foot special combination setback shall be provided. [Amd. Ord. 39-09 9/22/09]

(7)

Reduction along cul-de-sacs: When at least 50 percent of the frontage of a lot is located on a cul-de-sacs, the front building setback may be reduced by five feet. [Amd. Ord. 12-91 3/13/91]

(I)

Density.

(1)

Defined. Density is the calculation of the number of residential dwelling units allowed per gross acre of the land to be developed. The approved density for any project may be less than that defined as the maximum in that a project is reviewed in its totality and, in addition to meeting density requirements, it must comply with all other provisions of these regulations.

(2)

Calculation of unit count. The allowable unit count is determined by the maximum number shown for the base zoning district as reflected in the Matrix [Section 4.3.4(K)]. This number is multiplied times the lot area expressed in acres and rounded to one-hundredth of an acre. When a fraction exists, it shall be rounded down.

(3)

Duplexes.

(a)

A duplex on a single lot is allowed, regardless of the provisions of Subsection (2), provided that the minimum lot size for the zone district is met and provided that the use, a duplex, is allowed.

(b)

On a platted lot, where duplexes are permitted, and where the lot has at least 8,000 square feet, and where there is a two hour or more fire rated tenant separation wall separating the duplex units, each unit together with approximately one-half the lot may be conveyed, providing that each portion of the lot contains no less than 4,000 square feet and the dividing line runs through the separation wall. [Amd. Ord. 23-97 5/20/97]

(J)

Height.

(1)

Defined. The vertical distance from grade to the highest finished roof surface of a flat roof or to the mean level between tie beams and ridge for gable, hip, or gambrel roofs. The height set forth in the matrix is the maximum height for all structures within the respective zone district except as provided for in Subsection 4.3.4(J)(3) and (4) and for the CBD zoning district as provided for in Subsection 4.4.13(D)(1)(a). [Ord. No. 03-15 2/24/15] [Amd. Ord. 2-06 1/17/06]

(2)

Basis for measurement.

(a)

For buildings adjoining one street, the grade is established from the mean elevation of the crown of the street along the lot frontage.

(b)

For buildings adjoining more than one street, the grade is established as the average of the mean elevation of the crown of the adjoining streets.

(c)

When applied to single family detached dwelling units, less than three stories, within residentially zoned districts, the grade is established as the mean elevation of the finished surface of the ground adjacent to the exterior walls of the building. Under no circumstance shall the grade be higher in elevation than the highest point of the unaltered dune or the crown of the street. [Amd. Ord. 43-91 6/11/91]

(d)

Within the CBD zoning district, building height is also measured by stories. See Section 4.4.13(D)(1)(a). [Ord. No. 03-15 2/24/15]

(e)

For buildings located within Zone "V" on the adopted Flood Insurance Rate Maps (FIRM), as amended, the grade is established as the higher of the following: (Ord. No. 15-18 , § 2, 6-19-18)

(i)

The minimum required finished floor or base flood elevation as published by FEMA and the Florida Building Code, as amended; or, (Ord. No. 15-18 , § 2, 6-19-18)

(ii)

The average crest of the dune located within the property limits, measured from north to south. (Ord. No. 15-18 , § 2, 6-19-18)

(3)

Exceptions to district height limitations.

(a)

Free-Standing Features: The height limitations contained in Subsection (K), Development Standards Matrix, shall not apply to free-standing antennas, chimneys, conveyors, cooling towers, flag poles, radio towers, silos, or television towers. However, any part of any such structure, or feature, shall not extend above the height of 64 feet unless specifically approved by action of the City Commission.

(b)

Appurtenances on Buildings: Appurtenances usually required to be placed above the roof level of a building and not intended for human occupancy may be allowed to extend above the height limitations contained in Subsection (K) but only when specifically approved by action of the Site Plan Review and Appearance Board.

(c)

Parapets: Flat roofs shall be screened from adjacent properties and streets with decorative parapets. The maximum height of the parapet wall shall be six feet in height or sufficient height to screen all roof mounted equipment, whichever is greater, measured from the top of the roof deck to the top of the parapet wall. In the cases of sloped parapet features, they shall be no more than 72 inches in height, project no more than 24 inches beyond the face of the building, project no more than 12 feet into the flat roof area of the building nor cover more than 50 percent of the flat roof area of the building. [Amd. Ord. 2-06 1/17/06]

(4)

Increases to height regulations.

(a)

Prohibitions. There are no provisions which allow, nor is the Board of Adjustment empowered to grant, an increase of height for any purpose in the following zone districts:

Single Family (R-1) Districts	Rural Residential (RR)
Agriculture (Ag)	Mobile Home (MH)
Low Density Residential (RL)	Medium Density Residential (RM)
Planned Residential Development (PRD)	Residential Office (R0)
Neighborhood Commercial (NC)	Professional and Office District (POD)
Conservation District (CD)	Open Space (OS)

 

(b)

Allowances . An increase, to a maximum height of 60 feet, may be approved by the City Commission in any zone district not listed above, except for the CBD zoning district, when approved pursuant to the processing of a conditional use request and based upon a finding of compliance with each of enumerated criteria listed below, as applicable. [Ord. No. 03-15 2/24/15] [Amd. Ord. 05-13 3/5/13]

(i)

That the structure is to be located in one of the following geographic areas:

(1)

Area "A" - all property located east of Congress Avenue and west of I-95.

(2)

Area "B" - the property encompassed by the Delint DRI, with the exception of that portion platted as "Waterford Village"; along with property located west of S.W. 10th Avenue, south of Linton Boulevard, and east of I-95.

(3)

Area "C" - the property encompassed by the boundary of Linton Boulevard, Wallace Drive, S.W. 10th Street, and I-95.

(4)

Area "D" - the properties located south of Atlantic Avenue, north of S.W. 1st Street, west of S.W. 2nd Avenue, and east of S.W. 4th Avenue; and the properties located north of Atlantic Avenue, south of N.W. 1st Street, west of N.W. 1st Avenue, and east of N.W. 3rd Avenue. [Amd. Ord. 21-04 5/4/04]; [Amd. Ord. 71-95 12/5/95]

(5)

Area "E" - the property encompassed on the west by the F.E.C. Railroad, on the east by the Intracoastal Waterway, on the south by Allen Avenue extended to said easterly and westerly boundaries, and on the north to the northernmost boundary of the City.

(6)

Area "F" - the property located between the one-way pair system of Federal Highway (5th and 6th Avenues), except for property located in the CBD zoning district. [Ord. No. 03-15 2/24/15]

(7)

Area "G" - the property on either side of Linton Boulevard, extending 200 feet north and south of its ultimate right-of-way, extending from I-95 to Dixie Highway.

(8)

Area "H" - the area bounded by Linton Boulevard on the south, the F.E.C. Railroad on the east, the combination of Southridge Road and Swinton Avenue on the north, and S.W. 4th Avenue on the west.

(9)

Reserved. [Ord. No. 03-15 2/24/15]; [Amd. Ord. 67-04 1/04/05]; [Amd. Ord. 64-04 11/16/04]

(10)

Area "J" - the property encompassed by Lindell Boulevard on the north, Federal Highway on the east, Dixie Highway on the west, and the City limits on the south.

(11)

Area "K" - the property within the project known as Delray Medical Center (Delray Hospital), located on the south side of Linton Boulevard approximately 1,240 feet west of Military Trail, and as annexed into the City of Delray Beach via Ordinance 33-05. [Amd. Ord. 05-13 3/5/13]

(ii)

That the increase in height will not provide for, nor accommodate, an increase in the floor area (within the structure) beyond that which could be accommodated by development which adheres to a height limitation of 48 feet, except for the following situations:

(1)

An increase in height is allowed when the increase from 48 feet to 60 feet is for the purpose of accommodating residential use on the top floor of the structure; however, the increase in height is only for the added residential use area. [Amd. Ord. 51-08 11/18/08]; [Amd. Ord. 16-06 4/4/06]

DELETED (2) in its entirety [Amd. Ord. 16-06 4/4/06]

(iii)

Workforce housing units, equal to at least 20 percent of the residential units on the top floor, shall be provided within the development onsite, offsite, or through monetary contributions as referenced in Article 4.7 (fractions shall be rounded up). The workforce housing units shall be at the low or moderate income levels and shall comply with other applicable provisions of Article 4.7. [Amd. Ord. 51-08 11/18/08]

(iv)

That the increase in height shall be allowed if two or more of subsections 4.3.4(J)iv.(1), (2) or (3) are met: [Amd. Ord. 51-08 11/18/08]; [Amd. Ord. 16-06 4/4/06]; [Amd. Ord. 67-04 1/4/05]

DELETED (1) and (2) and renumbered [Amd. Ord. 16-06 4/4/06]

(1)

That for each foot in height above 48 feet, an additional building setback of two feet is provided from the building setback lines which would be established for a 48-foot tall structure. The additional setback is required from all setback lines (i.e., front, side, and rear) for the portion of the building that extends above 48 feet; [Ord. No. 03-15 2/24/15]; [Amd. Ord. 21-04 5/4/04]

(2)

That a minimum of 50 percent of the ground floor building frontage consist of nonresidential uses (excluding parking); [Amd. Ord. 67-04 1/04/05]

(3)

That open areas, such as courtyards, plazas, and landscaped setbacks, be provided in order to add interest and provide relief from the building mass. [Amd. Ord. 16-06 4/4/06]

(5)

Special activity districts. Increases permitted above 60 feet for the Special Activities District. For special uses (not including residential, commercial, or industrial uses) which can only be accommodated through the use of the SAD (Special Activities District), the height limitations for such a use within any SAD shall be specifically set forth in the enacting ordinance of that specific SAD, provided that the SAD falls within one of the geographical areas described in Subsection (J)(4)(i). The foregoing provision shall not apply to residential uses or normal uses within any SAD, as such use shall be governed by the height limitations contained in the SAD regulations

(K)

Development standards matrix. The following matrices set forth the minimum and maximum development standards for each zoning district subject to descriptions, interpretations, and exceptions as provided for elsewhere in Section 4.3.4.

DEVELOPMENT STANDARDS MATRIX—RESIDENTIAL ZONING DISTRICTS

(This matrix is to be interpreted and applied pursuant to Section 4.3.4)

I/C = Interior Lot/Corner Lot

SUBNOTES:

(1) = Minimum Floor Area for Duplexes and Multifamily Dwelling Units:

Duplexes	1000 sq. ft.*
Efficiency	400 sq. ft.
One Bedroom	600 sq. ft.
Two Bedroom	900 sq. ft.
Three Bedroom	1,250 sq. ft.
Four Bedroom	1,500 sq. ft.

 

* Represents absolute minimum size. Must also comply with minimums for corresponding number of bedrooms.

(2) = See Section 4.4.1(F) for exceptions.

(3) = A minimum of 25 percent non-vehicular open space shall be provided. Interior and perimeter landscaping may be applied toward meeting this requirement.

(4) = See Paragraph 4.3.4(J)(2) for single family detached structures in residentially zoned districts.

(5) = The provisions for the R-1-A District shall apply for single family dwellings.

(6) = Refer to individual district regulations "Development Standards" section for special setbacks in the Southwest Neighborhood Overlay District, Carver Estates Overlay District and Infill Workforce Housing Area.

(7) = 1&2/3 = 1st and 2nd Story/3rd Story. The setback for the 3rd story shall only be applied to those portions of the building which are 3 stories in height, not the entire building.

DEVELOPMENT STANDARDS MATRIX—NONRESIDENTIAL ZONING DISTRICTS

(This matrix is to be interpreted and applied pursuant to Section 4.3.4)

NOTES:

(1) = Refer to individual district regulations.

(2) = When there is no dedicated access to the rear of any structure a ten-foot side yard setback shall be provided.

(3) = In addition to lot coverage restrictions, a minimum of 25-percent non-vehicular open space shall be provided. Interior and perimeter landscaping may be applied toward meeting this requirement.

(4) = Minimum rear yard setback is ten feet and then one additional foot for each foot in building height above ten feet.

(5) = Refer to individual district regulations "Development Standards" section for special setbacks in the North Federal Corridor.

(6) = Waivers to this minimum size may be granted during the Master Plan approval process.

[Ord. No. 03-15 2/24/15]