TO: Mayor and Commissioners
FROM: Anthea Gianniotes, AICP, Development Services Director
THROUGH: Terrence R. Moore, ICMA-CM
DATE: November 17, 2026
Title
ORDINANCE NO. 43-26: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH CODE OF ORDINANCES, CHAPTER 4, “ZONING REGULATIONS,” ARTICLE 4.4, “BASE ZONING DISTRICT,” SECTION 4.4.13, “CENTRAL BUSINESS (CBD) DISTRICT,” SUBSECTION (I), “CBD PARKING STANDARDS,” SUB-SUBSECTION (2), “MINIMUM NUMBER OF OFF-STREET PARKING SPACES,” TO EXTEND THE PARKING EXEMPTION FOR CHANGES IN COMMERCIAL USE WITHIN EXISTING COMMERCIAL BUILDINGS AND ASSOCIATED OUTDOOR AREAS WITHIN THE WEST ATLANTIC NEIGHBORHOOD SUB-DISTRICT OF THE CENTRAL BUSINESS DISTRICT THROUGH DECEMBER 31, 2031 AND TO EXPAND THE GEOGRAPHIC AREA OF AVAILABILITY FOR THE EXEMPTION; PROVIDING A CONFLICTS CLAUSE, A SEVERABILITY CLAUSE, AUTHORITY TO CODIFY, PROVIDING AN EFFECTIVE DATE, AND FOR OTHER PURPOSES. (FIRST READING)
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Recommended Action:
Recommendation
Consider Ordinance No. 43-26, a City-initiated amendment to Section 4.4.13(I)(2), “Minimum number of off-street parking spaces,” of the Land Development Regulations to extend the exemption for existing commercial buildings within the West Atlantic Sub-district with a change of use, and existing commercial buildings with an outdoor use area, to exempt such businesses from providing additional on-site parking, through December 31, 2031, and to extend the eastern boundary of the exemption area from NW 4th Avenue to NW 3rd Avenue.
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Background:
Within the West Atlantic Neighborhood Sub-district, west of NW/SW 4thAvenue and east of NW/SW 12th Avenue, changes in commercial use within existing (as of November 7, 2017) commercial buildings and associated outdoor areas subject to the provisions of Section 4.6.6, shall not be required to provide additional on-site parking. The exemption is effective until December 31, 2026.
To date, the parking exemption has been utilized by two businesses; Ziree Thai & Sushi restaurant at 401 W. Atlantic Avenue, and Tropical Smokehouse restaurant at 524 W. Atlantic Avenue. Both businesses expanded their outdoor seating under the program.
The request is to extend the exemption to December 31, 2031, and to extend the eastern boundary of eligibility to NW/SW 3rd Avenue to capture the eastern block of Atlantic Grove.
LDR Section 2.4.7(A)(5), Findings
For any approval, the City Commission must make a finding that the text amendment is consistent with the Comprehensive Plan, and that the amendment furthers the implementation of an adopted neighborhood plan, if applicable.
The applicable Comprehensive Plan Policies and neighborhood redevelopment plans are discussed in the attached Planning and Zoning Board staff report.
On October 7, 2026, the Historic Preservation Board voted to recommend approval to the Planning and Zoning Board (PZB).
On October 19, 2026, the Planning and Zoning Board voted 5-0 to recommend approval; Board member Katz noted a preference for a three-year extension, rather than the proposed five-year extension.
City Attorney Review:
Ordinance No. 43-26 is approved as to form and legal sufficiency.
Funding Source/Financial Impact:
N/A
Timing of Request:
Ordinance No. 43-26 will be effective immediately if adopted at second reading, anticipated for December 8, 2026.