04-88 ORDINANCE NO. 4-88
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
DELRAY BEACH, FLOR IDA, AMENDING CHAPTER 30,
"ZONING", OF THE CODE OF ORDINANCES OF THE CITY OF
DELRAY BEACH, FLORIDA, BY AMENDING SECTION 30-5
"R-IAAA, R-IAAA-B, R-1AA, R-1AA-B, R-iA, R-1A-B
(SINGLE FAMILY) AND R-1A-C (SINGLE FAMILY/DUPLEX
DWELLING) DISTRICTS", SUBSECTION (I) "BUILDING
HEIGHT". SECTION 30-5. 1 "ART (AGRICULTURAL
RESIDENTIAL TRANSITIONAL) DISTRICT", SUBSECTION
(G) "BUILDING HEIGHT", SECTION 30-5.5 "RL (LOW TO
MEDIUM DENSITY DWELLING) .DISTRICT", SUBSECTION (I)
"BUILDING HEIGHT", SECTION 30-6 "RM-6 (MULTIPLE
FAMILY DWELL ING) .-DISTRICT" , SUBSECTION (I)
"BUILDING HEIGHT", SECTION 30-6.5 "RM (MEDIUM TO
MEDIUM HIGH DENSITY DWELLING) DISTRICT" ,
SUBSECTION (I) "BUILDING HEIGHT", SECTION 30-7
"RM-iO (MULTIPLE FAMILY DWELLING) DISTRICT",
SUBSECTION (I) "BUILDING HEIGHT", SECTION 30-7.5
"RH (MEDIUM HIGH TO HIGH DENSITY DWELLING)
DISTRICT", SUBSECTION (I) "BUILDING HEIGHT",
SECTION 30-8 "RM-15 (MULTIPLE FAMILY DWELLING)
DISTRICT", SUBSECTION (I) "BUILDING HEIGHT",
SECTION 30-8. 1 "PRD-4 (PLANNED RESIDENTIAL)
DISTRICT", SUBSECTION (H) "BUILDING HEIGHT",
SECTION 30-8.2 "PRD-7 (PLANNED RESIDENTIAL)
DISTRICT" , SUBSECTION (H) "BUILDING HEIGHT" ,
SECTION 30-8.3 "PRD- 10 (PLANNED RESIDENTIAL)
DISTRICT", SUBSECTION (H) "BUILDING HEIGHT",
SECTION 30-8.4 "PRD-L ('LOW TO MEDIUM DENSITY
PLANNED RES IDENT IAL DEVELOPMENT ) DISTRICT" .
SUBSECTION (H) "BUILDING HEIGHT". SECTION 30-8.5
"PRD-M (MEDIUM DENSITY PLANNED RESIDENTIAL
DEVELOPMENT) DISTRICT", SUBSECTION (H) "BUILDING
HEIGHT", SECTION 30-8.6 "MH (MOBILE HOME PARK)
DISTRICT", SUBSECTION (J) "BUILDING HEIGHT",
SECTION 30-8.7 "RD (RESIDENTIAL OFFICE) DISTRICT",
SUBSECTION (Il "BUILDING HEIGHT", SECTION 30-9 "NC
(NEIGHBORHOOD COMMERCIAL) DISTRICT", SUBSECTION
(H) "BUILDING HEIGHT", SECTION 30-10 "CC
(COMMUNITY COMMERCIAL) DISTRICT", SUBSECTION (H)
"BUILDING HEIGHT", SECTION 30-11 "GC (GENERAL
COMMERCIAL) DISTRICT", SUBSECTION (HI "BUILDING
HEIGHT", SECTION 30- 12 "SC (SPECIAL IZED
COMMERCIAL ~ DISTRICT", SUBSECTION (H) "BUILDING
HEIGHT", SECTION 30-13 "CBD (CENTRAL BUSINESS)
DISTRICT", SUBSECTION (H) "BUILDING HEIGHT"
SECTION 30-13. 1 "LC (LIMITED COMMERCIAL)
DISTRICT" SUBSECTION (G) "BUILDING HEIGHT",
SECTION 30- 13.2 "ACT (AGRICULTURAL COMMERCIAL
TRANSITIONAL) DISTRICT", SUBSECTION (G) "BUILDING
HEIGHT", SECTION 30-14 "LI (LIGHT INDUSTRI %L)
DISTRICT" , SUBSECTION (H) "BUILDING HEIGHT"
SECTION 30-15 "MI (MEDIUM INDUSTRIAL) DISTRICT",
SUBSECTION (H) "BUILDING HEIGHT", SECTION 30-15.
"SAD (SPECIAL ACTIVITIES) DISTRICT", SUBSECTION
(H) "BUILDING HEIGHT" , SECTION 30- 15.2 "PCC
(PLANNED COMMERCE CENTER) DISTRICT", SUBSECTION
(I) "BUILDING HEIGHT", SECTION 30-15.3 "POC
(PLANNED OFFICE CENTER) DISTRICT", SUBSECTION (I)
"BUILDING HEIGHT", SECTION 30-15.4 "MIC (MIXED
INDUSTRIAL AND COMMERCIAL) DISTRICT", SUBSECTION
(HI "BUILDING HEIGHT", SECTION 30- 15.5 "CF
(COMMUNITY FACILITIES) DISTRICT", SUBSECTION (I)
"BUILDING HEIGHT"', AND SECTION 30- 16.8 "MOI
(MEDICAL OFFICE AND INSTITUTIONAL) DISTRICT",
SUBSECTION (G) "BUILDING HEIGHT", BY REPEALING ALL
OF THE ABOVE REFERENCED SUBSECTIONS RELATIVE TO
BUILDING HEIGHT, AND ENACTING NEW SUBSECTIONS IN
ORDER TO ESTABLISH NEW BUILDING HEIGHT REGULATIONS
WITHIN SAID ZONING DISTRICTS; BY AMENDING SECTION
30-17 "SUPPLEMENTARY REGULATIONS", BY REPEALING
SUBSECTION (A) "EXCEPTIONS TO HEIGHT REGULATIONS"
IN ITS ENTIRETY, AND ENACTING A NEW SUBSECTION (A)
"EXCEPTIONS AND INCREASES TO DISTRICT HEIGHT
LIMITATIONS"; BY AMENDING SECTION 30-1
"DEFINITIONS", SUBSECTION (15) "BUILDING HEIGHT".
BY AMENDING THE DEFINITION OF BUILDING HEIGHT; BY
AMENDING SECTION 30-1 "DEFINITIONS", SUBSECTION
(45) "GRADE", BY AMENDING THE DEFINITION OF GRADE;
BY AMENDING SECTION 30-1 "DEFINITIONS", SUBSECTION
(92) "STORY", BY AMENDING THE DEFINITION OF STORY;
PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING A
SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
~ That Chapter 30, "Zoning", Section 30-5
"R-IAAA, R-iAAA-B, R-1AA, R-1AA-B, R-lA, R-1A-B (Single Family)
and R-1A-C (Single Family/Duplex Dwelling) Districts", Subsection
(I) "Building Height", of the Code of Ordinances of the City of
Delray Beach, Florida, be, and the same is hereby repealed in its
entirety, and a new Section 30-5 "R-IAAA, R-iAAA-B, R-1AA,
R-1AA-B, R-lA, R-1A-B Single Family and R-1A-C Single Fami-
ly/Duplex Dwelling Districts", Subsection ¢I) "Building Height",
be, and the same is .hereby enacted to read as follows:
(I) BUILDING HEIGHT
Single family dwellings, duplex dwell-
ings, and recreational, community,
and/or accessory structures in single
family residential developments shall be
limited to a maximum height of thir-
ty-five (35) feet, except as provided at
Sec. 30-17(A)(1). Structures housing
all other uses allowed within the
district shall be limited to a maximum
height of forty-eight (48) feet, except
as provided at Sec. 30-17(A)(1).
Se,~ That Chapter 30, "Zoning", Section 30-5.1
"ART (Agricultural Residential Transitional) District", Subsec-
tion (G) "Building Height", of the Code of Ordinances of the City
of Delray Beach, Florida, be, and the same is hereby repealed in
its entirety, and a new Section 30-5.1 "ART (Agricultural Resi-
dential Transitional) District", Subsection (G) "Building
Height", be, and the same is hereby enacted to read as follows:
(G) BUILDING HEIGHT
Single family dwellings, and recreational,
community, and/or accessory structures in
single family residential developments shall
be limited to a maximum height of thirty-five
(35) feet, except as provided at Sec.
30-17(A)(1). Structures housing all other
uses allowed within the district shall be
limited to a maximum height of forty-eight
{48) feet, except as provided at Sec.
30-17(A)(1).
Z - Ord. No. 4-88
~ That Chapter 30, "Zoning", Section 30-5.5
"RL (Low to Medium Density Dwelling) District", Subsection (I)
"Building Height", of the Code of Ordinances of the City of
Delray Beach, Florida, be, and the same is hereby repealed in its
entirety, and a new Section 30-5.5 "RL (Low to Medium Density
Dwelling) District", Subsection (I), be, and the same is hereby
enacted to read as follows:
(I) BUILDING HEIGHT
Single family dwellings, duplex dwellings,
and recreational, community, and/or accessory
structures in these residential developments
shall be limited to a maximum height of thir-
ty-five (35) feet, except as provided at Sec.
30-17(A)(1). Structures housing all other
uses allowed within the district shall be
limited to a maximum height of forty-eight
(48) feet, except as provided at Sec.
30-17(A)(1).
~ That Chapter 30, "Zoning", Section 30-6
"EM-6 (Multiple Family Dwelling) District", Subsection (I)
"Building Height", of the Code of Ordinances o.f the City of
Delray Beach, Florida, be, and the same is hereby repealed in its
entirety, and a new Section 30-6 "RM-6 (Multiple Family Dwelling)
District", Subsection (I) "Building Height", be, and the same is
hereby enacted to read as follows:
( I ) BU ILD ING__~ IGHT
Single family dwellings, duplex dwellings.
and recreational, community, and/or accessory
structures in these residential developments
shall be limited to a maximum height of thir-
ty-five (35) feet, except as provided at Sec.
30-17(A)(1). Structures housing all other
uses allowed within the district shall be
limited to a maximum height of forty-eight
(48) feet, except as provided at Sec.
30-17(A)(1).
~ That Chapter 30, "Zoning". Section 30-6.5
"RM (Medium to Medium High Density Dwelling) District", Subsec-
tion (I) "Building Height", of the Code of Ordinances of the City
of Delray Beach, Florida, be, and the same is hereby repealed in
its entirety, and a new Section 30-6.5 "EM (Medium to Medium High
Density Dwelling) District", Subsection (I) "Building Height",
be, and the same is hereby enacted to read as follows:
(I) BUILDING HEIGHT
Single family dwellings, duplex dwellings,
and recreational, community, and/or accessory
structures in these residential developments
shall be limited to a maximum height of thir-
ty-five (35) feet, except as provided at Sec.
30-17(A)(1). Structures housing all other
uses allowed within the district shall be
limited to a maximum height of forty-eight
(48) feet, except as provided at Sec.
30-17(A)(1).
5 - Ord. No. 4-88
~ .That Chapter 30, "Zoning". Section 30-7
"RM-10 (Multiple Family Dwelling) District", Subsection (I)
"Building Height", of the Code of Ordinances of the City of
Delray Beach, Florida, be, and the same i~ hereby repealed in its
entirety, and a new Section 30-7 "RM-10 (Multiple Family Dwell-
ing) District", Subsection ¢I) "Building Height", be, and the
same is hereby enacted to read as follows:
(I) BUILDING HEIGHT
Single family dwellings, duplex dwellings,
and recreational, community, and/or accessory
structures in these residential developments
shall be limited to a maximum height of thir-
ty-five (35) feet, except as provided at Sec.
30-17(A)(1). Structures housing all other
uses allowed within the district shall be
limited to a maximum height of forty-eight
(48) feet, except as provided at Sec.
30-17(A)(1).
~ That Chapter 30. "Zoning", Section 30-7.5
"RH (Medium High to High Density Dwelling) District", Subsection
(I) "Building Height", of the Code of Ordinances of the City of
Delray Beach, Florida, be, and the same is hereby repealed in its
entirety, and a new Section 30-7.5 "RH (Medium High to High
Density Dwelling) District", Subsection (II "Building Height",
be, and the same is hereby enacted to read as follows:
(I) BUILDING HEIGHT
Single family dwellings, duplex dwellings,
and recreational, community, and/or accessory
structures in these residential developments
shall be limited to a maximum height of thir-
ty-five (35) feet, except as provided at Sec.
30-17(A)(1). Structures housing all other
uses allowed within the district shall be
limited to a maximum height of forty-eight
(48) feet, except as provided at Sec.
30-17 (A) (1).
~ That Chapter 30, "Zoning", Section 30-8
"RM-15 (Multiple Family Dwelling) District", Subsection (I)
"Building Height", of the Code of Ordinances of the City of
Delray Beach, Florida, be, and the same is hereby repealed in its
entirety, and a new Section 30-8 "~M-15 (Multiple Family Dwell-
ing) District", Subsection (II "Building Height", be, and the
same is hereby enacted to read as follows:
(I) BUILDING HEIGHT
Single family dwellings, duplex dwellings,
and recreational, community, and/or accessory
structures in these residential developments
shall be limited to a maximum height of thir-
ty-five (35) feet, except as provided at Sec.
30-17(A)(1). Structures housing all other
uses allowed within the district shall be
limited to a maximum height of forty-eight
(48) feet, except as provided at Sec.
30-17(A)(1).
Ord. No. 4-88
~ That Chapter 30, "Zoning", Section 30-8.1
"PRD-4 (Planned Residential) District". Subsection (H)- "Building
Height", of the Code of Ordinances of the City of Delray Beach,
Florida, be, and the same is hereby repealed in its entirety, and
a new Section 30-8.1 "PRD-4 (Planned Residential) District",
Subsection (H) "Building Height", be, and the same is hereby
enacted to read as follows:
(H) BUILDING HEIGHT
Single family dwellings, duplex dwellings,
and recreational, community, and/or accessory
structures in these residential developments
shall be limited to a maximum height of thir-
ty-five (35) feet, except as provided at Sec.
30-17(A)(1). Structures housing all other
uses allowed within the district shall be
limited to a maximum height of forty-eight
(48) feet, except as provided at Sec.
30-17(A)(1).
Section 10. That Chapter 30, "Zoning", Section 30-8.2
"PRD-7 (Planned Residential) District", Subsection (H) "Building
Height", of the Code of Ordinances of the City of Delray Beach,
Florida, be, and the same is hereby repealed in its entirety, and
a new Section 30-8.2 "PRD-7 (Planned Residential) District",
Subsection (H) "Building Height", be, and the same is hereby
enacted to read as follows:
(H) BUILDING HEIGHT
Single family dwellings, duplex dwellings,
and recreational, community, and/or accessory
structures in these residential developments
shall be limited to a maximum height of thir-
ty-five (35) feet, except as provided at Sec.
30-17(A)(1). Structures housing all other
uses allowed within the district shall be
limited to a maximum height of forty-eight
(48) feet, except as provided at Sec.
30-17(A)(1).
~ That Chapter 30, "Zoning", Section 30-8.3
"PRD-10 (Planned Residential) District", Subsection (H) "Building
Height", of the Code of Ordinances of the City of Delray Beach,
Florida, be, and the same is hereby repealed in its entirety, and
a new Secbion 30-8.3 "P~D-10 ~Planned Residential) District",
Subsection (H) "Building Height", be, and the same is hereby
enacted to read as follows:
(H) BUILDING HEIGHT
Single family dwellings, duplex dwellings.
and recreational, community, and/or accessory
structures in these residential developments
shall be limited to a maximum height of thir-
ty-five (35) feet, except as provided at Sec.
30-17(A)(1). Structures housing all other
uses allowed within the district shall be
limited to a maximum height of forty-eight
(48) feet, except as provided at Sec.
30-17¢A)(1).
5 Ord. No. 4-88
Section 12. That Chapter 30, "Zoning", Section 30-8.4
"PRD-L (Low to Medium Density Planned Residential Development)
District", Subsection (H) "Building Height". of the Code of
Ordinances of the City of Delray Beach, Florida, be, and the same
is hereby repealed in its entirety, and a new Section 30-8.4
"PRD-L (Low to Medium Density Planned Residential Development)
District", Subsection (H) "Building Height", be, and the same is
hereby enacted to read as follows:
(H) BUILDING HEIGHT
Single family dwellings, duplex dwellings,
and recreational, community, and/or accessory
structures in these residential developments
shall be limite-d to a maximum height of thir-
ty-five (35) feet, except as provided at Sec.
30-17(A)(1). Structures housing all other
uses allowed within the district shall be
limited to a maximum height of forty-eight
(48) feet, except as provided at Sec.
30-17(A)(1).
o~ That Chapter 30, "Zoning", Section 30-8.5
"PRD-M (Medium Density Planned Residential Development) Dis-
trict'', Subsection (H) "Building Height", of the Code of Ordi-
nances of the City of Delray Beach, Florida, be, and the same is
hereby repealed in its entirety, and a new Section 30-8.5 "PRD-M
(Medium Density Planned Residential Development) District",
Subsection (H) "Building Height", be, and the same is hereby
enacted to read as follows:
(H) BUILDING HEIGHT
Single family dwellings, duplex dwellings,
and recreational, community, and/or accessory
structures in these residential developments
shall be limited to a maximum height of thir-
ty-five (35) feet, except as provided at Sec.
30-17(A)(1). Structures housing all other
uses allowed within the district shall be
limited to a maximum height of forty-eight
(48) feet, except as provided at Sec.
30-17(A)(1).
Section 14, That Chapter 30, "Zoning", Section 30-8.6
"MH (Mobile Home Park) District", Subsection (J) "Building
Height", of the Code of Ordinances of the City of Delray Beach,
Florida, be, and the same is hereby repealed in its entirety, and
a new Section 30-8.6 "MH (Mobile Home Park) District", Subsection
(J) "Building Height", be, and the same is hereby enacted to read
as follows:
(J) BUILDING HEIGHT
All structures shall be limited to a maximum
height of thirty-five (35) feet.
- 6 - Ord. No. 4-88
Section 15, That Chapter 30, "Zoning", Section 30-8.7
"RO (Residential Office) District", Subsection (I) "Building
Height", of the Code of Ordinances of the City of Delray Beach,
Florida, be, and the same is hereby repealed in its entirety, and
a new Section 30-8.7 "RO (Residential Office) District", Subsec-
tion (I) "Building Height", be, and the same is hereby enacted to
read as follows:
(I) BUILDING HEIGHT
Single family dwellings, duplex dwellings,
and recreational, community, and/or accessory
structures in these residential developments
shall be limited to a maximum height of thir-
ty-five (35) feet, except as provided at Sec.
30-17(A)(1). Structures housing all other
uses allowed within the district shall be
limited to a maximum height of forty-eight
(48) feet, except as provided at Sec.
30-17(A)(1).
Section 16. That Chapter 30, "Zoning", Section 30-9
"NC (Neighborhood Commercial) District", Subsection (H) "Building
Height", of the Code of Ordinances of the City of Delray Beach,
Florida, be, and the same is hereby repealed in its entirety, and
a new Section 30-9 "NC (Neighborhood Commercial) District",
Subsection (H) "Building Height", be, and the same is hereby
enacted to read as follows:
(H) BUILDING HEIGHT
Ail structures shall be limited to a maximum
height of forty-eight (48) feet. except as
provided at Sec. 30-17(A)(1~.
Section 17. That Chapter 30. "Zoning", Section 30-10
"CC (Community Commercial) District", Subsection (H) "Building
Height", of the Code of Ordinances of the City of Delray Beach,
Florida, be, and the same is hereby repealed in its entirety, and
a new Section 30-10 "CC (Community Commercial) District", Subsec-
tion (H) "Building Height", be, and the same is hereby enacted to
read as follows:
(H) BUILDING HEIGHT
All structures shall be limited to a maximum
height of forty-eight (48) feet, except as
provided at Sec. 30-17(A)(1) & (2).
~ That Chapter 30, "Zoning", Section 30-11
"GC (General Commercial) District". Subsection (H) "Building
Height", of the Code of Ordinances of the City of Delray Beach,
Florida, be, and the same is hereby repealed in its entirety, and
a new Section 30-11 "GC (General Commercial) District" Subsec-
tion (H) "Building Height", be, and the same is hereby enacted to
read as follows:
(H) BUILDING HEIGHT
All structures shall be limited to a maximum
height of forty-eight (48) feet, except as
provided at Sec. 30-17(A)(1) & (2).
- 7 - Ord. No. 4-88
$_~ That Chapter 30, "Zoning", Section 30-12
"SC (Specialized Commercial) District", Subsection (H) "Building
Height", of the Code of Ordinances of the City of Delray Beach,
Florida, be, and the same is hereby repealed in its entirety, and
a new Section 30-12 "SC (Specialized Commercial) District",
Subsection (H) "Building Height", be, and the same is hereby
enacted to read as follows:
(H) BUILDING HEIGHT
All structures shall be limited to a maximum
height of forty-eight (48) feet, except as
provided at Sec. 30-17(A)(1) & (2).
~ That Chapter 30, "Zoning", Section 30-13
"CBD (Central Business) District", Subsection (H) "Building
Height", of the Code of Ordinances of the City of Delray Beaoh,
Florida, be, and the same is hereby repealed in its entirety, and
a new Section 30-13 "CBD (Central Business) District", Subsection
(H) "Building Height", be, and the same is hereby enacted to read
as follows:
(H) BUILDING HEIGHT
All structures shall be limited to a maximum
height of forty-eight (48) feet, except as
provided at Sec. 30-17(A)(1) & (2).
Section 21. That Chapter 30, "Zoning", Section 30-13.1
"LC (Limited Commercial) District", Subsection (Gl "Building
Height", of the Code of Ordinances of the City of Delray Beach,
Florida, be, and the same is hereby repealed in its entirety, and
a new Section 30-13.1 "LC CLimited Commercial) District",
Subsection (G) "Building Height", be, and the same is hereby
enacted to read as follows:
(G) BUILDING HEIGHT
All structures shall be limited to a maximum
height of forty-eight ¢48) feet, except as
provided at Sec. 30-17(A)(1) & (2).
Section 22. That Chapter 30, "Zoning", Section 30-13.2
"ACT (Agricultural Commercial Transitional) District", Subsection
(G) "Building Height", of the Code of Ordinances of the City of
Delray Beach, Florida, be. and the same is hereby repealed in its
entirety, and a new Section 30-13.2 "ACT (Agricultural Commercial
Transitional) District", Subsection (G) "Building Height", be,
and the same is hereby enacted to read as follows:
(G) BUILDING HEIGHT
All structures shall be limited to a maximum
height of forty-eight (48) feet, except as
provided at Sec. 30-17(A)(1).
- 8 - Ord. No. 4-88
Section 23. That Chapter 30, "Zoning", Section 30-14
"LI (Light Industrial) District", Subsection (H) "Building
Height", of the Code of Ordinances of the City of Delray Beach,
Florida, be, and the same is hereby repealed in its entirety, and
a new Section 30-14 "LI (Light Industrial) District", Subsection
(H) "Building Height", be, and the same is hereby enacted to read
as follows:
(H) BUILDING HEIGHT
All structures shall be limited to a maximum
height of forty-eight (48) feet, except as
provided at Sec. 30-17(A)(1) & (2).
~ That Chapter 30, "Zoning", Section 30-15
"MI (Medium Industrial) District", Subsection (H) "Building
Height", of the Code of Ordinances of the City of Delray Beach,
Florida, be, and the same is hereby repealed in its entirety, and
a new Section 30-15 "MI (Medium Industrial) District". Subsection
(H) "Building Height", be, and the same is hereby enaCted to read
as follows:
(H) BUILDING HEIGHT
All structures shall be limited to a maximum
height of forty-eight (48) feet, except as
provided at Sec. 30-17(A)(1) & (2).
~ That Chapter 30, "Zoning", Section 30-15.1
"SAD (Special Activities) District", Subsection (H) "Building
Height", of the Code of Ordinances of the City of Delray Beach,
Florida, be, and the same is hereby repealed in its entirety, and
a new Section 30-15.1 "SAD (Special Activities) District",
Subsection (H) "Building Height", be, and the same is hereby
enacted to read as follows:
(H) BUILDING HEIGHT
Single family dwellings, duplex
dwellings, and recreational, community,
and/or accessory structures in these
residential developments shall be
limited to a maximum height of
thirty-five (35) feet, except as
provided at Sec. 30-17 (A)(I). Multiple
family dwellings, and recreational,
community, and/or accessory structures
in multiple family residential
developments shall be limited to a
maximum height of forty-eight (48) feet,
except as provided at Sec. 30-17(A)(1).
(2) ~
All structures shall be limited to a
maximum height of forty-eight (48) feet,
except as provided at Sec. 30-17(A)(1) &
(2).
9 Ord. No. 4-88
(3) ~
All structures shall be limited to a
maximum height of forty-eight (48) feet,
except as provided at Sec. 30-17(A)(1) &
(2).
(4) Special Uses
See Sec. 30-17(A) (2) (c)
$~ That Chapter 30, "Zoning", Section 30-15.2
"PCC (Planned Commerce Center) District", Subsection (I)
"Building Height", of the Code of Ordinances of the City of
Delray Beach, Florida, be, and the same is hereby repealed in its
entirety, and a new Section 30-15.2 "PCC (Planned Commerce
Center) District", Subsection (I) "Building Height", be, and the
same is hereby enacted to read as follows:
(I) BUILDING HEIGHT
All structures shall be limited to a maximum
height of forty-eight (48) feet, except as
provided at Sec. 30-17(A)(1) & (2).
Section 27. That Chapter 30, "Zoning", Section 30-15.3
"POC (Planned Office Center) District", Subsection (I) "Building
Height", of the Code of Ordinances of the City of Delray Beach,
Florida, be, and the same is hereby repealed in its entirety, and
a new Section 30-15.3 "POC (Planned Office Center) District",
Subsection (I) "Building Height", be, and the same is hereby
enacted to read as follows:
(I) BUILDING HEIGHT
All structures shall be limited to a maximum
height of forty-eight (48) feet, except as
provided at Sec. 30-17(A)(1) & (2).
Section 28. That Chapter 30, "Zoning", Section 30-15.4
"MIC (Mixed Industrial and Commercial) District". Subsection (H)
"Building Height", of the Code of Ordinances of the City of
Delray Beach, Florida, be, and the same is hereby repealed in its
entirety, and a new Section 30-15.4 "MIC (Mixed Industrial and
Commercial) District", Subsection (H) "Building Height", be, and
the same is hereby enacted to read as follows:
(H) BUILDING HEIGHT
All structures shall be limited to a maximum
height of forty-eight (48) feet, except as
provided at Sec. 30-17(A)(1) & (2).
~ 10 - Ord. No. 4-88
Section 29. That Chapter 30. "Zoning", Section 30-15.5
"CF (Community Facilities) District", Subsection (I) "Building
Height", of the Code of Ordinances of the City of Delray Beach,
Florida, be, and the same is hereby repealed in its entirety, and
a new Section 30-15.5 "CF (Community Facilities) District",
Subsection (I) "Building Height", be, and the same is hereby
enacted to read as follows:
(I) BUILDING HEIGF~
All structures shall be limited to a maximum
height of forty-eight (48) feet, except as
provided at Sec. 30-17(A)(1) & (2).
~ That Chapter 30, "Zoning", Section 30-15.6
"MOI (Medical Office and Instithtional) District", Subsection (G)
"Building Height", of the Code of Ordinances of the City of
Delray Beach, Florida, be, and the same is hereby repealed in its
entirety, and a new Section 30-15.6 "MOI (Medical Office and
Institutional) District", Subsection (G) "Building Height", be,
and the same is hereby enacted to read as follows:
(G) BUILDING HEIGHT
All structures shall be limited to a maximum
height of forty-eight (48) feet. except as
provided at Sec. 30-17¢A)(1) & (2).
Section 31. That Chapter 30. "Zoning", Section 30-17
"Supplementary Regulations", Subsection CA~ "Exceptions To Height
Regulations", of the Code of Ordinances of the City of Delray
Beach, Florida, be, and the same is hereby repealed in its
entirety, and a new Section 30-17 "Supplementary Regulations",
Subsection (A) "Exceptions And Increases To District Height
Limitations", be, and the same is hereby enscted to read as
follows:
(A) Exceptions And Increases __T_o.. District Height
(1) Exceptions TQ Height Limitations. The height
limitations contained in the schedule of
zoning district regulations shall not apply
to antennas, belfries, bins, chimneys,
conveyors, cooling towers, cupolas, flag
poles, mechanical equipment enclosures, radio
towers, shafts, silos, spires, television
towers, ventilators, and parapets. Other
appurtenances usually required to be placed
above the roof level and not intended for
human occupancy, which are not listed in the
above, may be allowed, but are subject to
approval of the Community Appearance Board.
However, any part of any structure or any
part of any item listed in this subsection
30-17(A)(1) shall not extend above the height
of sixty-four (64) feet, unless specifically
approved by action of the City Commission.
(2) Increases To District Height Limitations
(a) Prohibitions. There are no provisions
which allow, nor is the Board of
Adjustment empowered to grant, an
increase of height for any use in the
following zone districts:
- 11 - Ord. No. 4-88
R-1AAA, R-IAAA-B, R-1AA, R-1AA-B, R-lA.
R-1A-B (Single Family) and R-1A-C
(Single Family/Duplex Dwelling)
Districts
ART (Agricultural Residential
Transitional ) District
RL (Low to Medium Density Dwelling)
District
RM-6 (Multiple Family Dwelling) District
RM (Medium to Medium High Density
Dwelling) District
RM-10 (Multiple Family Dwelling)
District
RH CMedium High to High Density
Dwelling) District
RM-15 (Multiple Family Dwelling)
District
PRD-4 (Planned Residential) District
PRD-7 (Planned Residential) District
PRD-IO (Planned Residential) District
PRD-L (Low to Medium Density Planned
Residential Development) District
PRD-M (Medium Density Planned
Residential Development) District
MH (Mobile Home Park) District
RO (Residential Office) District
NC (Neighborhood Commercial) District
ACT (Agricultural Commercial
Transitional~ District
(b) Increases Permitte,j__To Sixty Feet (60'~.
~-~ Subject to the procedures contained in
~ Section 30-21(C), and based upon a
finding of compliance with each of the
enumerated criteria listed below, an
increase to a maximum height of sixty
feet (60') may be approved by the City
Commission in any zone district not
listed in Section 30-17(A) (2) (a) above.
(1) That the structure is to be located
in one of the following geographic
areas:
Area "A" - all property located
east of Congress Avenue and west of
1-95.
Area "B" - .the property encompassed
by the Delint DRI, with the
exception of %hat portion platted
as 'Waterford Village'; along with
property located west of S.W. 10th
Avenue, south of L',nton Boulevard,
and east of 1-95.
Area "C" - the property encompassed
by the boundary of L inton
Boulevard, Germantown Road, S.W.
10th Street, and 1-95.
Area "D" - the property either side
of Atlantic Avenue, between S.W.
1st Street and N.W. 1st Street,
extending from 1-95 to Swinton
Avenue.
12 - Ord. No. 4-88
Area "E" - the property encompassed
on the west by the F.E.C. Railroad,
on the east by the Intracoastal
Waterway, on the south by Allen
Avenue extended to said easterly
and westerly boundaries, and on the
north to the northernmost bbundary
of the City.
Area "F" - the property located
between the one-way pair system of
Federal Highway (5th and 6th
Avenues).
Area "G" - the property on either
side of Linton Boulevard, extendin~
two hundred feet (200') north and
south of its ultimate right-of-way,
extending from 1-95 to Dixie
Highway.
Area "H" - the area bounded by
Linton Boulevard on the south, the
F.E.C. Railroad on the east, the
combination of Southridge Road and
Swinton Avenue on the north, and
S.W. 4th Avenue on the west.
Area "I" - all property within the
CBD (Central Business) District.
Area "J" - the property encompassed
by Lindell Boulevard on the north,
Federal Highway on the east, Dixie
Highway on the west, and the City
limits on the south.
(2) That the increase in height will
not provide for, nor accommodate,
an increase in the floor area
(within the structure) beyond that
which could be accommodated by
development which adheres to a
height limitation of forty-eight
(48) feet; except for the following
situation: An increase in
intensity is allowed when the
increase from forty-eight (48) feet
to sixty (60) feet is for the
purpose of accommodating
residential use on the top floor of
the structure; however, the
increase in intensity is only for
the added residential use area.
(3) That the increase in height is
based on or will result in one, on
more, of ~he following:
13 - Ord. No. 4-88
(i) a demonstrable need that to
accommodate the nature of a
particular use or a
particular matter or type of
construction, a greater than
normal space between floors,
or height of story is
necessary: or,
(ii) that seventy-five percent
(75%) or greater an area of
the ground floor is devoted
to parking and vehicular
traffic circulation; or,
(iii) that for each foot in height
above forty-eight (48) feet,
an additional building
setback of two (2) feet is
provided from the building
setback lines which would be
established for a forty-eight
(48) ft. tall structure. The
additional setback is
required from all setback
lines (i.e., front, side and
rear) .
(c) Inc ~e a s e~_ _~ e r ~L~t~_e~ .... ~_b~¥~ Sixty Feet
(60'J__ - Special ~ctivities District.
For special uses (not including
residential, commercial, or industrial
uses) which can only be accommodated
through the use of the SAD (Special
Activities) District, the height
limitations for such a use within any
SAD shall be specifically set forth in
the enacting ordinance of that specific
SAD, provided that the SAD falls within
one of the geographi~ areas described in
Section 30-17(A)(2)(b)(1). The
foregoing provision shall not apply to
residential uses or normal uses within
any SAD, but such use shall be governed
by the height limitations contained in
the SAD regulations.
~ That Chapter 30, "Zoning", Section 30-1
"Definitions", Subsection (15) "Building Height", of the Code of
Ordinances of the City of Delray Beach, Florida, be, and the same
is hereby amended to read as follows:
(15) Building Height. The vertical distance from
grade to the highest finished roof surface of
a flat roof or to the mean level between
eaves and ridge for gable, hip or gambrel
roofs. W~/~I~4~!~!~II~~f~Z
~/~//f~//~f/~//~f~4f~////N~f~//g~
~f~4//~//~//~Y//fm~f~//~M~//9~f~
~/4f~~//f~/~//g~g~/~//~//fX~
f~l
- 14 - Ord. No. 4-88
~ That Chapter 30. "Zoning", Section 30-1
"Definitions", Subsection (45) "Grade", of the Code of Ordinances
of the City of Delray Beach, Florida, be, and the same is hereby
amended to read as follows:
(45) Grade.
(a) For buildings adjoining one (1) street,
the mean elevation~ of the ~W~//~
~l~~l!~fll~lW~ll~~ll~¢
~~ crown of the street alon~ the
lot frontage.
(b) For buildings adjoining more than one
(1) street, the average of the mean
elevations of the ~f~Wg~//g~///~
~~/~f/~/~/~f~//¥~~
crown of the adJoinin~ streets.
(c) For buildings ~f~//~/W~//g~f~f~
f~£~4!~f~l~fl~l~~ll~$~
~/~//~%~f~/W~//~f/~//~f~
which are built with adherence to
minimum setbac~ reeuirements2 the ~rade
shall be determined as the average of
the mean elevation of the street or
streets which abut the parcel u~on which
the buildin~ is located.
Section 34. That Chapter 30, "Zoning", Section 30-1
"Definitions", Subsection (92) "Story", of the Code of Ordinances
of the City of Delray Beach, Florida, be, and the same is hereby
amended to read as follows:
(92) Story. The portion of a building included
between the surface of any floor and the
surface of the next floor above it, or if
there be no floor above it. then the space
between such floor and the ceiling next above
it. ~ei~ht as a~lied to a stor~ imnlies the
vertical distance from ~Op to tom of two (2)
successive finished floor surfaces.
Section 35. That all ordinances or parts of ordinances
in conflict herewith be, and the same are hereby repealed.
Section 36. 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 37. That this ordinance shall become effective
immediately upon passage on second and final reading.
- 15 - Ord. No. 4-88
PASSED AND ADOPTED in regular session on second and
final reading on this the 12th day of April , 1988.
MAYOR
ATTEST:
~ city C~rk
First Reading March 22, 1988
Second Reading April 12, 19.88
- 16 - Ord. No. 4-88