§ 4.4.25. Special Activities District (SAD).

(A)

Purpose and intent. The Special Activities District (SAD) is established in order to provide a zone district which is appropriate for projects which are not otherwise classified or categorized in other zone districts; or, which for some other good reason, cannot be properly accommodated in the other zone districts. Also, the SAD is to be used for large scale and mixed projects for which conventional zoning is not applicable. While SAD zoning is deemed consistent with any land use designation on the Future Land Use Map, the uses allowed within a specific SAD shall be consistent with the land use category shown on the Future Land Use Map. The uses, activities, and characteristics of a SAD are to be consistent with the Comprehensive Plan, suitable and compatible with surrounding existing development, and with the proposed character of the area.

(B)

Allowed uses and structures.

(1)

General. All uses which are to be allowed in a particular SAD shall be established at the time of establishment of the SAD zoning designation through inclusion in the rezoning ordinance. Additional uses may be allowed after review and recommendation by the Planning and Zoning Board and approval by ordinance of the City Commission.

(2)

SAD required. The SAD zone designation is required for the following:

(a)

Any development which is designated as a Large Scale Mixed Use pursuant to the Comprehensive Plan.

(b)

Any Development of Regional Impact (DRI).

(c)

A full service marina.

(d)

Any use which is otherwise not accommodated in any of the other zone districts.

(3)

A Community Residence housing four to ten individuals, except as required by state law, is allowed as of right when (1) it is at least 660 linear feet from the closest existing community residence housing four or more individuals as measured from the nearest property line of the proposed community residence to the nearest property line of the existing community residence, and (2) the operator or applicant is licensed or certified by the State of Florida to operate the proposed community residence, has certification from an appropriate national accrediting agency, or has been recognized or sanctioned by Congress to operate the proposed community residence. (Ord. No. 25-17, § 30, 7-18-17)

(C)

Conditional Uses and Structures Allowed: The following uses are allowed as conditional uses within the Special Activities District. (Ord. No. 25-17, § 31, 7-18-17)

(1)

A Community Residence housing four to ten individuals, except as required by state law, may be allowed by conditional use permit when (1) it is less than 660 linear feet from the closest existing community residence housing four or more individuals as measured from the nearest property line of the proposed community residence to the nearest property line of the existing community residence, or (2) the State of Florida does not require the operator or applicant to be licensed or certified to operate the proposed community residence, has no certification from an appropriate national accrediting agency, or has not been recognized or sanctioned by Congress to operate the proposed community residence. (Ord. No. 25-17, § 31, 7-18-17)

(D)

Review and approval process.

(1)

General. All SAD's are established by an ordinance which is processed as is a rezoning. Concurrent with processing of the rezoning application, a complete site and development plan with, at least, preliminary engineering plans shall be processed.

(2)

Alternative processing. A proposed SAD may proceed to first reading based upon a lesser submission provided that, if approved on first reading, prior to second reading a complete site and development plan including landscaping plans and architectural elevations must be processed through, and approved by the Site Plan Review and Appearance Board. However, in no event shall the time between first and second readings of the enacting ordinance exceed a period of 180 calendar days. In such an event, the rezoning process shall cease and the application considered denied without prejudice. A subsequent application may be processed thereafter anew. [Amd. Ord. 20-07 6/19/07]

(3)

Establishment. Vesting of a SAD project shall occur in the same manner as set for the establishment of a site plan approval [reference Sections 2.4.4(D) and (E)], except that when the SAD is for a large Scale Mixed Use Development, the initial approval (validity) period shall be specifically stated in the enacting ordinance, but shall, in no event, be less than six years. In the event that a SAD project does not become established, all uses, waivers, adjustments, and other actions taken pursuant to the SAD shall be void. In order to proceed to establish the same, or another, use it shall be necessary to process a rezoning request. [Amd. Ord. 47-92 10/13/92, Amd. Ord. 31-91 3/26/91]

(E)

Development standards. The development standards as set forth in Section 4.3.4 shall apply except as modified by the following:

(1)

A minimum setback of 15 feet shall be established around the perimeter of any property developed under the SAD designation. Within the front and any street side setback, the 15-foot setback area shall be a landscape area and no pavement shall be allowed therein except for pedestrian ways and driveways (or streets) which provide access to the property and which are generally perpendicular to the abutting street.

(2)

Setbacks for all interior spaces shall be as set forth on the site and development plan.

(F)

Supplemental district regulations. The supplemental district regulations as set forth in Article 4.6 shall apply except as modified by the following:

(1)

Parking and loading requirements (number of spaces) shall be as set forth on the site and development plan. [Amd. Ord. 60-93 10/12/93]

(2)

Waterford Overlay District. Within the Waterford Overlay District, as defined by Section 4.5.20(A), non-residential development intensity in non-residential or mixed-use developments shall be limited to a maximum Floor Area Ratio (FAR) of 1.32. Residential development in free-standing residential and mixed-use developments shall not exceed 12 units per acre. [Amd. Ord. 22-12 8/7/12]

(G)

Special regulations. Any special regulations may be applied through the SAD review and approval process.

(H)

S.A.D.s. The following S.A.D.s are shown on the Official Zoning Map and are regulated by the provisions of this Section and the referenced Ordinance:

(1)

The Extra Closet, Ordinance No. 28-89, which established the Extra Closet S.A.D. is modified by Ordinance No. 6-06, which is now named United Stor-All; [Amd. Ord. 6-06 4/18/06]

(2)

Laver's North, Ordinance No. 65-80, modified by Ordinance Nos. 21-95, 34-96, and 19-98, established; [Amd. Ord. 19-98 5/19/98]; [Amd. Ord. 34-96 10/15/96]; [Amd. Ord. 21-95 5/16/95]

(3)

Waterford Place/Delint DRI, Ordinance No. 79-84, as amended by Ordinance Nos. 45-01, 96-87, 68-89, 64-92, 11-96 also governed by DRI Resolution No. 49-85, established; [Amd. Ord. 45-01 9/19/01]; [Amd. Ord. 11-96 3/5/96]

(4)

Marina Cay, Ordinance No. 51-89, not established, approval expires on August 22, 1995; [Amd. Ord. 47-92 10/13/92; Amd. Ord. 31-91 3/26/91]

(5)

Marina Delray, Ordinance No. 31-95, modified by Ordinance No. 25-96, established; [Amd. Ord. 25-96 7/23/96; Amd. Ord. 31-95 6/20/95]

(6)

The HHH Bush Building, Ordinance No. 38-84, modified by Ordinance No. 39-90, modified by Ordinance 01-11. [Amd. Ord. 01-11 2/1/11]

(7)

Tutor Time Plaza, Ordinance No. 72-89, not established, approval expires on November 8, 1991.

(8)

Silver Terrace Subdivision, Ordinance No. 39-96, as amended by Ordinances 54-02, 51-02, and No. 30-00, established. [Amd. 54-02 1/7/03]; [Amd. Ord. 51-02 10/15/02]; [Amd. Ord. 30-00 11/21/00]

(9)

Robotic Space Savers, Ordinance No. 4-07.

(10)

Midtown Delray, Ordinance No. 46-07, modified by Ordinance 07-10. [Amd. 07-10 3/2/10]; [Amd. 46-07 12/11/07]

(11)

Delray Place, Ordinance No. 41-12. [Amd. 41-12 7/9/13]

(12)

Motor Lines truck Terminal, Ordinance No. 77-05 (Not listed in LDR). [Amd. 19-97 10/21/2015]

(13)

Levy Commercial Ordinance No. 42-96 (Not Listed in LDR). [Amd. 19-97 10/21/2015]

NOTE: Number (4), Delray Lakes (FKA Isles of Delray) has been deleted in its entirety. It was rezoned from SAD to PRD-4 on November 7, 1995.