§ 4.4.5. Low Density Residential (RL) District.

(A)

Purpose and intent. The Low Density Residential (RL) District provides a residential zoning district with flexible densities having a base of three units per acre and a range to six units per acre. Further, the Low Density Residential District provides for implementation of provisions of Housing Element Goal Area "B" of the Comprehensive Plan and, more specifically, Policy B-2.1 which calls for providing sites for single family detached and low density planned residential development. [Amd. Ord. 6-05 3/15/05]

(B)

Principal uses and structures permitted. The following types of use are allowed within the (RL) District as a permitted use:

(1)

Single family detached dwellings.

(2)

Duplex structures.

(3)

Multiple family structures.

(4)

Community Residence housing four to ten individuals, except as required by state law, that (1) 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. [Amd. Ord. 23-01 5/1/01] (Ord. No. 25-17, § 14, 7-18-17)

(5)

Parking lots not associated with a use, pursuant to an adopted neighborhood or redevelopment plan. [Amd. Ord. 8-00 4/4/00]

(6)

Pocket parks. [Amd. Ord. 8-00 4/4/00]

(7)

Public educational facilities of The School District of Palm Beach County, pursuant to the regulations set forth in Section 4.3.3(HH). [Amd. Ord. 24-02 7/16/02]

(8)

Reserved. [Amd. Ord. 01-10 1/19/10]

(9)

Residential Licensed Service Provider Facilities. [Amd. Ord. 10-11 4/5/11]

(C)

Accessory uses and structures permitted. The following uses are allowed when a part of, or accessory to, the principal use:

(1)

Uses and structures normally associated with residences such as: bird aviaries, boat docks, dog houses and dog runs, garages, greenhouses, playhouses, pool houses and covers, pump houses, slat houses, storage sheds, tennis courts, workshops, and home occupations. [Amd. Ord. 77-94 10/18/94]

(2)

Family day care home pursuant to Section 4.3.3(T). [Amd. Ord. 25-10 10/19/10]

(3)

Home tutorial services subject to the restrictions set forth in Section 4.3.3(KK). [Amd. Ord. 79-94 10/18/94]

(4)

Home occupations.

(5)

Recreational facilities attendant to a subdivision which are operated under a bonafide homeowners association such as: tennis courts, swimming pools, exercise area, clubhouse, and private golf courses.

(6)

The rental or lease of a boat dock when the dock is assigned to, or on the same lot as, each residential use on a one-to-one basis.

(7)

Guest cottages, only when accessory to a single family detached structure. [Amd. Ord. 77-94 10/18/94]

(8)

Community Gardens in connection with an approved multi-family development pursuant to regulations set forth in Section 4.3.3(D). [Amd. Ord. 12-11 6/7/11]

(D)

Conditional uses and structures allowed. The following uses are allowed as conditional uses within the RL District.

(1)

Child care and adult day care.

(2)

Churches, or places of worship, and their attendant educational, nursery, Sunday school, recreational, and columbarium facilities. The foregoing does not allow establishment of educational and care uses such as elementary school and general day care; however, such uses may be established by a separate conditional use application for child care or rezoning to C.F. as appropriate.

(3)

Private educational facilities subject to the restrictions set forth in Section 4.3.3(HHH). [Amd. Ord. 24-02 7/16/02]; [Amd. Ord. 79-94 10/18/94]

(4)

The use of common recreational facilities such as swimming pools, tennis courts, and golf courses (associated with a subdivision) for club or commercial purposes.

(5)

Single family detached residences in zero lot developments.

(6)

Community Residence housing four to ten individuals, except as required by state law, that (1) 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 closest 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. [Amd. Ord. 23-01 5/1/01] (Ord. No. 25-17, § 15, 7-18-17)

(7)

Large Family Child Care Home, subject to Section 4.3.3(TT). [Amd. Ord. 25-10 10/19/10]

(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 multiple 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). [Amd. Ord. 01-12 8/21/12]

(3)

The creation of a new lot for the purpose of building a single family residence requires platting pursuant to Section 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). [Amd. Ord. 01-12 8/21/12]

(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 4.3.4 shall apply for duplex and multi-family development.

(3)

In addition to the provisions of Section 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 4.5.1. [Amd. Ord. 01-12 8/21/12]

(G)

Supplemental District Regulations: The supplemental district regulations as set forth in Article 4.6 shall apply, except as modified below: [Amd. Ord. 01-12 8/21/12]

(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)(7). [Amd. Ord. 01-12 8/21/12]

(H)

Special regulations.

(1)

A minimum density of three units per acre is established for duplex and multiple family housing projects within this district. Density may exceed the base of three units per acre only after the approving body makes a finding that the project has substantially complied with performance standards as listed in 4.4.5(I). In no event shall a development's total density exceed six units per acre. The density for a specific RL development may be further limited by a numerical suffix affixed to the designation and shown on the zoning map (i.e. RL-5 limits the density to five units per acre). To seek a density greater than allowed by the suffix, it is necessary to rezone the property. [Amd. Ord. 6-05 3/15/05]

(2)

Notwithstanding the above, a duplex may be situated upon a platted lot pursuant to Section 4.3.4(I)(3)(b).

(3)

The height of accessory structures shall not exceed the height of the associated principal structure. Screen enclosures without a solid roof are excluded from this limit. [Amd. Ord. 77-94 10/18/94]

(4)

The floor area of an accessory structure shall not exceed 40 percent of the floor area of the principal structure. [Amd. Ord. 77-94 10/18/94]

(5)

Recreational areas shall be required for all new rental apartment developments, and of owner occupied developments which have homeowner associations that must care for retention areas, private streets, or common areas. New developments must include recreational features that are designed to accommodate activities for children and youth of all age ranges. Tot lots are appropriate for toddlers; features such as a basketball court, volleyball court, and open playfields are appropriate for older children. A pool and clubhouse, unless specifically designed for children, is not considered to meet this requirement. Projects having fewer than 25 units may be exempted from this standard where it is determined by the approving body that it is not practical or feasible to comply. [Amd. Ord. 6-05 3/15/05]

(I)

Performance standards.

(1)

These standards shall apply to all site plans approved subsequent to March 1, 2005, and for modifications to existing developments which involve the creation of additional residential units. [Amd. Ord. 6-05 3/15/05]

In order to increase a project density beyond three units per acre, the approving body must make a finding that the development substantially complies with the performance standards listed in this section. The intent of the standards is to mitigate the impacts of the additional density both internal and external to the site. The extent to which a project meets the standards will determine the number of units per acre that will be permitted. For example, if a project meets or exceeds all of the standards, and is otherwise consistent with applicable standards and policies of the City's Comprehensive Plan and Land Development Regulations, the maximum density is permitted. Projects which only partially achieve these standards will be permitted a correspondingly lower density. The performance standards are as follows: [Amd. Ord. 6-05 3/15/05]

(a)

The traffic circulation system is designed to control speed and reduce volumes on the interior and exterior street network. This can be accomplished through the use of traffic calming devices; street networks consisting of loops and short segments; multiple entrances and exits into the development; and similar measures that are intended to minimize through traffic and keep speeds within the development at or below 20 m.p.h. [Amd. Ord. 6-05 3/15/05]

(b)

Buildings are placed throughout the development in a manner that reduces the overall massing, and provides a feeling of open space. [Amd. Ord. 6-05 3/15/05]

(c)

Where immediately adjacent to residential zoning districts having a lower density, building setbacks and landscape materials along those adjacent property lines are increased beyond the required minimums in order to provide a meaningful buffer to those lower density areas. Building setbacks are increased by at least 25 percent of the required minimum; at least one tree per 30 linear feet (or fraction thereof) is provided; trees exceed the required height at time of planting by 25 percent or more; and a hedge, wall or fence is provided as a visual buffer between the properties. [Amd. Ord. 6-05 3/15/05]

(d)

The development offers a varied streetscape and building design. For example, setbacks are staggered and offset, with varying roof heights (for multi-family buildings, the planes of the facades are offset to add interest and distinguish individual units). Building elevations incorporate diversity in window and door shapes and locations; features such as balconies, arches, porches, courtyards; and design elements such as shutters, window mullions, quoins, decorative tiles, etc. [Amd. Ord. 6-05 3/15/05]

(e)

A number of different unit types, sizes and floor plans are available within the development in order to accommodate households of various ages and sizes. Multi-family housing will at a minimum have a mix of one, two and three bedroom units with varying floor plans. Single family housing (attached and detached) will at a minimum offer a mix of three and four bedroom units with varying floor plans. [Amd. Ord. 6-05 3/15/05]

(f)

The development is designed to preserve and enhance existing natural areas and/or water bodies. Where no such areas exist, new areas which provide open space and native habitat are created and incorporated into the project. [Amd. Ord. 6-05 3/15/05]

(g)

The project provides a convenient and extensive bicycle/pedestrian network, and access to available transit. [Amd. Ord. 6-05 3/15/05]

(2)

It is acknowledged that some of the above referenced standards may not be entirely applicable to small, infill type residential projects. For those types of projects, the ultimate density should be based upon the attainment of those standards which are applicable, as well as the development's ability to meet or exceed other minimum code requirements. [Amd. Ord. 6-05 3/15/05]

(3)

For vacant property that is proposed for rezoning to RL with a density suffix, the approving body must make a finding that the proposed density is appropriate based upon the future land use map designations of surrounding property as well as the prevailing development pattern of the surrounding area. [Amd. Ord. 6-05 3/15/05]