City of Delray Beach - File #: 24-652

• File #: 24-652
• Version: 1
• Type: Ordinance
• Status: Agenda Ready
• File created: 4/24/2024
• In control: City Commission
• On agenda: 6/18/2024
• Title: ORDINANCE NO. 13-24: 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, BY AMENDING CHAPTER 4, “ZONING REGULATIONS,” ARTICLE 4.3, “DISTRICT REGULATIONS, GENERAL PROVISIONS,” SECTION 4.3.4, “BASE DISTRICT DEVELOPMENT STANDARDS,” SUBSECTION (H), “SETBACKS,” BY AMENDING SUBSECTION (4), “STRUCTURES ALLOWED IN SETBACKS,” TO MODIFY THE STRUCTURES AND BUILDING FEATURES PERMITTED WITHIN REQUIRED BUILDING SETBACKS; AMENDING CHAPTER 4, “ZONING REGULATIONS,” ARTICLE 4.6, “SUPPLEMENTAL DISTRICT REGULATIONS,” SECTION 4.6.15, “SWIMMING POOL, WHIRLPOOLS, AND SPAS,” FOR CONSISTENCY WITH OTHER EDITS; AND AMENDING APPENDIX A, “DEFINITIONS,” TO ADD A DEFINITION FOR “BAY WINDOW;” PROVIDING A CONFLICTS CLAUSE, A SEVERABILITY CLAUSE, AND AUTHORITY TO CODIFY; AND PROVIDING AN EFFECTIVE DATE. (FIRST READING)
• Sponsors: Development Services Department

TO: Mayor and Commissioners
FROM: Anthea Gianniotes, AICP, Development Services Director
THROUGH: Terrence R. Moore, ICMA-CM
DATE: June 18, 2024

Title
ORDINANCE NO. 13-24: 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, BY AMENDING CHAPTER 4, “ZONING REGULATIONS,” ARTICLE 4.3, “DISTRICT REGULATIONS, GENERAL PROVISIONS,” SECTION 4.3.4, “BASE DISTRICT DEVELOPMENT STANDARDS,” SUBSECTION (H), “SETBACKS,” BY AMENDING SUBSECTION (4), “STRUCTURES ALLOWED IN SETBACKS,” TO MODIFY THE STRUCTURES AND BUILDING FEATURES PERMITTED WITHIN REQUIRED BUILDING SETBACKS; AMENDING CHAPTER 4, “ZONING REGULATIONS,” ARTICLE 4.6, “SUPPLEMENTAL DISTRICT REGULATIONS,” SECTION 4.6.15, “SWIMMING POOL, WHIRLPOOLS, AND SPAS,” FOR CONSISTENCY WITH OTHER EDITS; AND AMENDING APPENDIX A, “DEFINITIONS,” TO ADD A DEFINITION FOR “BAY WINDOW;” PROVIDING A CONFLICTS CLAUSE, A SEVERABILITY CLAUSE, AND AUTHORITY TO CODIFY; AND PROVIDING AN EFFECTIVE DATE. (FIRST READING)

Body
Recommended Action:
Recommendation
Consider Ordinance No. 13-24, a City-initiated request to amend and update Section 4.3.4(H), “Setbacks,” Section 4.6.15(G), “Yard Encroachment,” and Appendix A, “Definitions,” of the Land Development Regulations (LDR) relative to building design elements and site improvements allowed in building setbacks.

Body
Background:
On January 16, 2024, a zoning in progress was adopted via Resolution No. 38-24 to halt approvals of balconies that encroach into building setbacks. The Resolution recognizes “zoning in progress” with respect to the preparation and review of proposed amendments to the City’s Land Development Regulations (LDR) to develop regulations governing the encroachment of balconies into the required building setbacks. The Resolution adopts the pending ordinance doctrine and Florida law as applied to the City’s review of zoning regulations related to requests to appro...