56-89 ORDINANCE NO. 56-89
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, AMENDING TITLE XVII,
"LAND USAGE", OF THE CODE OF ORDINANCES OF THE
CITY OF DELRAY BEACH, FLORIDA, BY AMENDING
CHAPTER 173, "ZONING CODE", "GENERAL PROVI-
SIONS'', SECTION 173.001, "DEFINITIONS", BY
ENACTING A NEW SUBSECTION "BED AND BREAKFAST
INN" TO PROVIDE A DEFINITION FOR SAID USE; BY
FURTHER AMENDING SECTION 173.001, "DEFINITIONS",
BY REPEALING SUBSECTION "BOARDING AND ROOMING
HOUSES" IN ITS ENTIRETY; BY FURTHER AMENDING
SECTION 173.001, "DEFINITIONS", BY REPEALING
SUBSECTION "GUEST HOUSE" IN ITS ENTIRETY; AND
AMENDING CHAPTER 173, "ZONING CODE", "SPECIAL
USE REQUIREMENTS", BY ENACTING A NEW SECTION
173.0625, "BED AND BREAKFAST INNS", TO PROVIDE,
IN ADDITION TO REQUIREMENTS OF THE UNDERLYING
ZONE DISTRICT, CERTAIN SPECIAL USE REQUIREMENTS
RELATIVE TO PARKING, COMMON AREA, NUMBER AND
CHARACTER OF RENTAL ROOMS, RESTRICTIONS ON USE
AND EMPLOYEES, AND RESTRICTIONS TO SPECIFIC
HISTORIC DISTRICTS; AND AMENDING CHAPTER 173,
"ZONING CODE", "RM-6 MULTIPLE FAMILY DWELLING
DISTRICT", SECTION 173.142, "CONDITIONAL USES",
BY ADDING "BED AND BREAKFAST INNS, SUBJECT TO
SECTION 173.0625" AS A CONDITIONAL USE; AND
AMENDING CHAPTER 173, "ZONING CODE", "RM MEDIUM
TO MEDIUM HIGH DENSITY DWELLING DISTRICT",
SECTION 173.162, "CONDITIONAL USES", BY ADDING
"BED AND BREAKFAST INNS, SUBJECT TO SECTION
173.0625" AS A CONDITIONAL USE; AND AMENDING
CHAPTER 173, "ZONING CODE", "RM-10 MULTIPLE
FAMILY DWELLING DISTRICT", SECTION 173.182,
"CONDITIONAL USES", BY ADDING "BED AND BREAKFAST
INNS, SUBJECT TO SECTION 173.0625" AS A
CONDITIONAL USE; AND AMENDING CHAPTER 173,
"ZONING CODE", "RH MEDIUM HIGH TO HIGH DENSITY
DWELLING DISTRICT", SECTION 173.202, "CONDITION-
AL USES", BY ADDING "BED AND BREAKFAST INNS,
SUBJECT TO SECTION 173.6025" AS A CONDITIONAL
USE; AND AMENDING CHAPTER 173, "ZONING CODE",
"RO RESIDENTIAL OFFICE DISTRICT", SECTION
173.392, "CONDITIONAL USES", BY ADDING "BED AND
BREAKFAST INNS, SUBJECT TO SECTION 173.0625" AS
A CONDITIONAL USE; AND AMENDING CHAPTER 173,
"ZONING CODE", "GC GENERAL COMMERCIAL DISTRICT",
SECTION 173.472, "CONDITIONAL USES" BY ADDING
"BED AND BREAKFAST INNS, SUBJECT TO SECTION
173.0625" AS A CONDITIONAL USE; AND AMENDING
CHAPTER 173, "ZONING CODE", "CBD CENTRAL BUSI-
NESS DISTRICT", SECTION 173.527, "CONDITIONAL
USES" BY ADDING "BED AND BREAKFAST INNS, SUBJECT
TO SECTION 173.0625" AS A CONDITIONAL USE;
PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING A
SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION
OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Title XVII, "Land Usage", Chapter 173,
"Zoning Code", "General Provisions", Section 173.001, "Defini-
tions'', of the Code of Ordinances of the City of Delray Beach,
Florida, be, and the same is hereby amended by enacting a new
subsection, "Bed and Breakfast Inn", to read as follows:
"BED AND BREAKFAST INN." A structure in which
there is provided furnished rooms for rent to
nonpermanent residents. No provisions may be
made for cooking in any individual room, but
provisions must be made to provide breakfast for
guests in a central dining room.
Section 2. That Title XVII, "Land Usage", Chapter 173,
"Zoning Code", "General Provisions", Section 173.001, "Defini-
tions'', subsection "Boarding And Rooming Houses", of the Code of
Ordinances of the City of Delray Beach, Florida, be, and the same
is hereby repealed in its entirety.
Section 3. That Title XVII, "Land Usage", Chapter 173,
"Zoning Code", "General Provisions", Section 173.001, "Defini-
tions'', subsection "Guest House", of the Code of Ordinances of
the City of Delray Beach, Florida, be, and the same is hereby
repealed in its entirety.
Section 4. That Title XVII, "Land Usage", Chapter 173,
"Zoning Code", "Special Use Requirements", of the Code of Ordi-
nances of the City of Delray Beach, Florida, be, and the same is
hereby amended by enacting a new Section 173.0625, "Bed and
Breakfast Inns", to read as follows:
Sec. 173.0625. BED AND BREAKFAST INNS.
In addition to the requirements of the underly-
ing zone district, other applicable general
regulations, parking regulations, and special
conditions imposed through the conditional use
process, the following requirements shall apply
to Bed and Breakfast Inns:
(A) Parkings. One (1) parking space shall be
provided for the manager/owner and one (1)
parking space shall be provided for each
guest room.
(B) Common Area. Within each Bed and Breakfast
Inn, a common area must be provided for a
central dining area and for, at least, one
(1) reading/discussion/living room.
(C) Number and Character of Rental Rooms.
A Bed and Breakfast Inn may be established
only in a structure which is restored and
maintained to historic architectural
standards. A Certificate of
Appropriateness granted by the Historic
Preservation Board shall suffice as
compliance with the above requirement.
There shall be no cooking facilities or
food storage facilities in any rental room.
Rental rooms do not have to contain bath-
room facilities.
The number of bedrooms and bathrooms
provided shall be as existed when the
structure was originally constructed,
including additions, unless modifications
are necessary to comply with Building,
Fire, and/or Health codes.
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(D) Restrictions on Use and Employees. Meals
shall be served only to the manager and/or
owner, and nonpaying, bona fide guests of
the manager and/or owner. Breakfast shall
be the only meal provided for paying guests
who are using the facility overnight and
their guests. The breakfast meal shall not
be served after 11:00 a.m.
The maximum stay for each individual who is
using the facility shall be fourteen (14)
consecutive days and not more than fourteen
(14) days during any thirty (30) day
period. A guest book which accurately
identifies all customers for each night's
lodging shall be maintained by the owner
and/or manager.
No more than one (1) nonresident person may
be employed in the management and adminis-
tration of the facilities on-site. This
restriction excludes maintenance and
cleaning personnel.
The owner of the property upon the Bed and
Breakfast Inn is sited must reside in the
Inn or elsewhere upon the premises.
(E) Restricted to Specific Historic Districts.
A Bed and Breakfast Inn may be established
only within an existing structure which is
located within the Old School Square
Historic District.
Section 5. That Title XVII, "Land Usage", Chapter 173,
"Zoning Code", "RM-6 Multiple Family Dwelling District", Section
173.142, "Conditional Uses", of the Code of Ordinances of the
City of Delray Beach, Florida, be, and the same is hereby amended
by adding the following as a conditional use:
Bed and Breakfast Inns, subject to Section
173.0625.
Section 6. That Title XVII, "Land Usage", Chapter 173,
"Zoning Code", "RM Medium to Medium High Density Dwelling Dis-
trict", Section 173.162, "Conditional Uses", of the Code of
Ordinances of the City of Delray Beach, Florida, be, and the same
is hereby amended by adding the following as a conditional use:
Bed and Breakfast Inns, subject to Section
173.0625.
Section 7. That Title XVII, "Land Usage", Chapter 173,
"Zoning Code", "RM-10 Multiple Family Dwelling District", Section
173.182, "Conditional Uses", of the Code of Ordinances of the
City of Delray Beach, Florida, be, and the same is hereby amended
by adding the following as a conditional use:
Bed and Breakfast Inns, subject to Section
173.0625.
Section 8. That Title XVII, "Land Usage", Chapter 173,
"Zoning Cod~", "RH Medium High to High Density Dwelling Dis-
trict", Section 173.202, "Conditional Uses", of the Code of
Ordinances of the City of Delray Beach, Florida, be, and the same
is hereby amended by adding the following as a conditional use:
Bed and Breakfast Inns, subject to Section
173.0625.
3 Ord. No. 56-89
Section 9. That Title XVII, "Land Usage", Chapter 173,
"Zoning Code", "RO Residential Office District", Section 173.392,
"Conditional Uses", of the Code of Ordinances of the City of
Delray Beach, Florida, be, and the same is hereby amended by
adding the following as a conditional use:
Bed and Breakfast Inns, subject to Section
173.0625.
Section 10. That Title XVII, "Land Usage", Chapter
173, "Zoning Code", "GC General Commercial District", Section
173.472, "Conditional Uses", of the Code of Ordinances of the
City of Delray Beach, Florida, be, and the same is hereby amended
by adding the following as a conditional use:
Bed and Breakfast Inns, subject to Section
173.0625.
Section 11. That Title XVII, "Land Usage", Chapter
173, "Zoning Code", "CBD Central Business District", Section
173.527, "Conditional Uses", of the Code of Ordinances of the
City of Delray Beach, Florida, be, and the same is hereby amended
by adding the following as a conditional use:
Bed and Breakfast Inns, subject to Section
173.0'625.
Section 12. That all ordinances or parts of ordinances
in conflict herewith be, and the same are hereby repealed.
Section 13. That should any section or provision of
this ordinance or any portion thereof, any paragraph, sentence,
or word be declared by a court of competent jurisdiction to be
invalid, such decision shall not affect the validity of the
remainder hereof as a whole or part thereof other than the part
declared to be invalid.
Section 14. That this ordinance shall become effective
immediately upon passage on second and final reading.
PASSED AND ADOPTED in regular session on second and
final reading on this the 24th day of October , 1989.
MAYOR
ATTE S T:
First Reading .0~tober 10,. 1989
Second Reading October Z4, 1989
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