01-23-61 19
JANUARY ~3, 1961.
A regular meeting of the Cit~ Coum~il of Delray Beach was held
in the Council Chambers at 8~00 P.M., with Mayor George V. Warren in
the Chair, City .Manager .George.. Mingle; Cl.ty Attorney Richard F.
Zimmerman and Councilmen A1 C. Avery, Dugal G. Campbell, John A.
Thayer and Glenn B. Sundy being present.
An opening prayer was delivered by the Rev. Gustave Malmquist.
On motion by Mr. Campbell, seconded by Mm. Thayer and unani-
mously carried, the minutes of January l?th, 1961 meeting were ap-
proved.
Mr. J. L. Patterson presented a petition for rezoning, with
approximately 60 signers, which was read as follows by City Manager
Mingle:
"We, the signers of the attached petitions, do hereby
request the City commission to consider re-zoning the
following described area:-
The prpperty between N. E. 1st Street
N. E. 4th Street, and from the alley in
Block 65, 66, and 67 eastward to N. E. 2nd
Avenuel excluding Lots 1 and 24 in Block ?3,
and Lot 15, Block 65 from its present zoning
to a commercial zoning.
We attach cash in the amount of $25.00 to cover fee
for this petition. /s/ J. L. Patterson,
Solicitor of signatures
on attached petitions."
Upon question, Mr. Patterson stated that the parcels of land
identified in this petition are owned by parties that he represents.
Mr..Campbell moved that the petition be noted as accepted and
the matter be passed to the Planning Board in the usual manner. The
motion was seconded by Hr. Aver~ and carried unanimously.
Mr. Lewis Manning, Post Commander of the Milton-Myers Post No.
65 and Mr. Ozie Youngblood representing the Sherman-Williams Post
No. 188 of the American Legion requested the Council to seriously
consider any action on the proposed ordinance designed to eliminate
carnivals and circuses within the city limits.
Mr. W. C. Burton, addressing the Council regarding the pouring
of concrete after 5:00 P.M., during the construction of a building
~n South Ocean Blvd, said he felt that if the ordinance, as written,
is proper it should be enforced.
City Manager Mingle read the following letter signed by Charles
Byron, Attorney, dated January 23rd, and addressed to Hr. Mingle:
"Since my conversation with you on Friday, and my previous
conversation with the City Attorney relative to the con-
struction problems being experienced by Mr. Louis Tenerelli
and his contractor, Mr. Nils Pearson, in connection with the
erection of the New Monmouth Cooperative Apartment building
on South Ocean Boulevard, both I and Mr. Tenerelli, as well
as several other interested parties, have given considerable
study to the problem.
?For my own part,. I feel that %Po difficulty arises primarily
because of the vagueness of Section 9-6.6 of the City Code;
and it' ia m~ further opinion that the above section may be
unconstitutional by reason of such vagueness. The problem
is further accentuated by reason of the fact that we have
been unable to determine from any of the pertinent city
officials what features of construction may be initiated
so as to be completed within a single working day, without
endangering the safety of, or adding prohibitively to, the
cost of the building~ and without sub~ecting the contractor
to the probability of again being arrested.
1-23-61
JANUARY a3rd, 1961.
"In any event, due to the vagueness of the ordinance and
the hesitancy of nearly everyone involved in attem~ting to
Din down what may or mat not be an emergency, I have no
alternative other than to recommend to the contractor that
he necessa~ily use his own best Judgment in instituting
certain pamticular phases of construction, Such as pouring
the structural beams and pouring the concrete floors.
"After a conference with city officials last week, the
owner of the building had hoped that it might be possible
to pour only half of each floor on a particular day, and
thus eliminate the possibility of having to continue work
beyond the five o~clock deadline. However, he has since
been advised by experts in the concrete business, engineers,
and the architect, that this plan is not feasible, and in fact,
is hazardous both structurally, financially and on a time basis.
The determination has, therefore, been made, that one entire
floor will be poured per day. Even if only half a floor were
poured on a particular day, there is no assurance that the
same could be completed, trowelled, etc. within the time allowed.
"Only three floors remain to be poured. After a conference
with the concrete supplier, it was decided to add a calcium
compound to the concrete so that the drying process might be
expedited, even though this practice is not the most desirable.
Ordinarily no difficulty could be expected along this line,
except that the weather has been unseemly, and allows no means
for its control. If the temperature drops several degrees, the
hardening of the concrete is delayed.
"As another precaution, arrangements have been made for the
pouring crane to be at the job site the night before the pour-
ing is scheduled, so that the pouring can commence precisely
.at eight otclock. Thus, ever.,~hing possible will be done to
comply with the construction hours provided in the city code.
"This letter is merely for information to the proper city
officials, and to indicate the complete good faith and
cooperative attitude of the developers and contractOr of
the building.
"Any further recommendations which the city may offer will
be sincerely appreciated."
Mr. Campbell moved that the City Manager be instructed to move at
once to bring into this picture, competent men& engineers who can
pass on the questions that have been brought up in this controversy
over the past few weeks, that we, the city, may be in a position to
determine whether or not we have an ordinance that is enforceable
and if we find it is, enforce it, and if we find it is not, either
bring it in line with something that will stand up or get rid of it.
The motion was seconded by ~,~. Thayer. Following lengthy discussion
and comments from the audience, the motion and second were withdrawn
Mr. Campbell then moved that the City Manager, City Attorney and City
Engineer be instructed to start at once to complete a study as to the
possibility of change of ordinance, possibility of er~orcement of
this or any other ordinance that may be set up, and also that he will
take for g~anted that they will call in the necessary sources of in-
formation, and as far as the money is concerned they are authorized
to spend it. The motion was seconded by Mr. Thayer and carried
unanimously.
Mayor Warren stated t~hat the present ordinance concerning same
is still in effect.
Mr. Campbell asked of Attorney Byron: "Are you stating for
your client and for Fro. Pearson that the floor, the size floor that
you have there, must be laid in the one day, that there is no break
off point?"
Attorney Byron:' '~es. That is on the recommendation of the
architect and the Engineer of the concrete products."
Mr'
Campbell: "A statement for the record that it cannot be
done in two days, it can't be broken off."
Att~ney Byron: "Not safely."
2 1-23-61
City Attorney Zimmerman read ORDINANCE NO. G-387.
AN E~RGENCY ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF DELRAY BEACH,
FLORIDA, ~AMENDING SECTIONS 21-2 AND
21-3 OF THE CODE OF ORDINANCES OF THE
CITY OF DELRAY BEACH BY DELETING CERTAIN
PROVISIONS CONTAINED TEEREIN AND SUBSTI-
TUTING NEW PROVISIONS REGARDING MEMBERSHIP
ON THE BOARD OF PLUMBING coMMISSIONERS AND
THE QUALIFICATIONS OF THE PLU~ING INSPECTOR.
WHEREAS, the City Council of the City of Delray Beach, Florida,
deems it necessary to enact this ordinance on an emergency basis to
insure the proper and necessary functioning of the Board of Plumbing
Commissioners, and to provide suitable qualifications for a city
plumbing inspector,
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
SECTION I. That the following sentence be deleted from Section
21-2 of the Cityvs Code of Ordinances: "They must be residents of the
city and must have resided in this city at least six months prior to
their appointment to the plumbing board." That the following language
be substituted in place of the above language: "Each member must have
his principal place of business located within the municipal limits of
Delray Beach."
SECTION 2. That the following sentence be deleted from Section
21-3 of the Cityts Code of Ordinances: "The inspector shall be a
plumber of at least ten years practical experience and not connected
directly or indirectly with any person engaged in the plumbing busi-
ness.'' That the following language be substituted in place of the
above language: "The inspector shall take and pass the master
plumberls examination given by the City of Delray Beach, and not be
connected directly or indirectly with any person engaged in the
plumbing business."
This Ordinance is effective immediately upon its passage this
23rd day of JanUary, 1961.
It was moved by Mr. Avery, seconded by Mr. Campbell and unanimously
carried that Ordinance No. G-387 be accepted.
It was moved by Mr. Campbell, seconded by Mr. Avery and unani-
mously carried to approve the appointment of -
PLUMBING BOARD
Robert Crego, Plumbing Inspector
Dr. M. E. Buerk, CXty Physician
Charles Clark, Journeyman Plumber
Robert Barnwell, Master Plumber
John H. McWethy, Master Plumber
On motion by Mr. Sundy and seconded by Mr. Campbell the Council
unanimously approved the appointment of -
RECR~_TI_0NA.L ADVISORY BOAP~
Dr. E. Monroe Farber, Chairman.
Helen Lee
James C. Raymond
John Thayer
James Johnson
Stewart B. Iglehart
City Manager Mingle presented the following bids for police
uniforms and stated that the difference in the two bids is $44.20,
but it is recommended by the Chief of Police and the City Manager
that the higher bid be accepted.
3 1-23-61
JANUARY 23rd, 1961.
Lay i_~.n, e,
Unit Total Unit Total
~24 Police Caps ~~_ $~00 $~0 $ ~80
89
" Shirts 4.95 ~0.55 4.25 378.25
60 ~. Trousers 16.95 1,017.00 19.40 1,164.00
2 pr. Riding B~eeches 19.95 39.90 23.50 47.00
2 S~ Bro~ Belts 8.25 ~16.50 6.40 12.80
12 Long Sleeve Shirts(women) 4.95 ~9.40 4.~ 51.00
12 Short " " " 4.~ 5~.40 3.~D 47.~0
210 Sleeve Patches ~ 178.50 .38 79.80
~, 9~5.~5
Bu~ing discussion it was ~equested that the loca~ ~ket be checked to
see if ~y of the local merchants are in a position, and w~t to bid
on the above items. ~. Thayer then moved that the ~tter be tabled
~til the next meeting fo~ further consideration. ~e motion was
seconded by ~. Sundy and carried unanimously.
City Attorney Zi~eP~ read the following notice of public
hea~ing and proposed amendments to the City Charter:
NOTICE OF P~LIC H~RING
In compliance with Section 191 of the Charter of the City of
DelPay Beach, Florida, notice is hereby given that a public hearing
will be held on Monday, the l~th day of February, 1961, at 8:00 P.M.,
at a regular meeting of the City Council of the City of De~ay Beach,
Florida at the City Hall.
The purpose of the public he~ing is to finally consider the
foXIowing proposed amendments to the Charter of the City of Delray
Beach, a copy of which is on file in the office of the City Clerk
and which will be submitted to the 1961 Session of the Legislature,
to-wit:
PROPOS~ A~ND~ NO. ~.
AN ACT A~ING SECTION 12, OF C~TER 2~786, S~CIAL
~ 0F FLORIDA, ACTS 0P 1949, TO PROVIDE FOR T~
ELECTION OF T~ ~YOR D~ECTLY BY T~ PEOP~ FOR A TWO
~R TERM; AND PROVIDING A ~E~ND~.
PROPOSED AI,'~ND~NT NO. 2
~ ACT A~ING SECTION ~, OF C~ER 2~786, SPEC~L
~ OF F~RIDA, ACTS 0F1949, TO PROVIDE THAT SA~RIES
OF T~ CiTY CO~CIL ~Y BE FInD BY O~INANCE NOT TO
EXCEED (~100 PER MONTH FOR ~CH CO~CIL1~N EXCEPT T~T
T~ M~YOR WILL BE PAID $1~0 PER MONTH; A~ PROVIDING A
R~E~~.
PROPOSED A~ND~ N0.
~ ACT A~NDING SECTION 86,
~ 0F FLORIDA, ACTS 0F ~949, TO PROVIDE FOR T~ ~ETING
OF T~ BOA~ OF EQUALIZATION ON THE SECOND MO~AY IN J~
IN ~CH ~R.
PROPOSED A~~ NO. 4.
AN ACT VALIDAT~G, CONFIR~NG AND ~TIPYING ALL RESOLUTIONS
A~ O~INANCES ~TOFORE ADOPTED ~ND ENACT~ BY T~ CI~
OF DEL~Y BEACH, FLORIDA.
PROPOSED A~.~NT NO.
AN ACT AI~ING SECTION 107, OF C~PTER 2~786, SPEC~L
~ 0F FLORIDA, ACTS OF 1949, T0 PROVIDE FOR T~ FIXING
OF DAY OF TAX SA~ N~ ~SS T~N TI~NTY EIGHT NOR MO~
T~ PIFTY DAYS AFTER T~ FIRST P~LICATION OF NOTICE
TAX DE~ APPLICATION.
PROPOSED AMENDME}~T NO. 6.
AN ACT AMENDING SECTION ?8, OF CHAPTER 25786, SPECIAL
LAWS OP 'PLORIDA, ACTS OP 1949, TO PROVIDE FOR A CITY
PURCHASING SYSTEM, INCLUDING COMPETITIVE BIDS AND CON-
TRACT PROCEDURE.
PROPOSED AMENDI~NT NO. 7
AN ACT VALIDATING, CONFIRMING AND RATIFYING ORDINANCE
NO. G-328, ADOPTED SEPTEMBER 28, 1959, BY THE CITY
COUNCIL OF DEI~Y BEACH, FLORIDA, REDEFINING THE
TERRITORIAL BOUNDARIES OP SAID CITY TO INCLUDE THOSE
CERTAIN .LANDS HERETOPORE ANNEED BY SAID ORDINANCE No. G-328.
PROPOSED AMENDMENT NO. 8
AN ACT VALIDATING, CONFIttMING AND RATIFYING ORDINANCE
NO. G-368, ADOPTED SPETEMBER 12, 1960, BY THE CITY COUNCIL
OF DELRAY BEACH, FLORIDA, REDEFINING THE TERRITORIAL BOUND-
ARIES OF SAID CITY TO INCLUDE THOSE CERTAIN lANDS HERETOFORE
ANNEXED BY SAID ORDINANCE NO. G-366.
PROPOSED AMENDMENT NO. 9
AN ACT AMENDING SECTION 29, OF CHAPTER 25?86, SPECIAL
LAWS OP PLORIDA, ACTS OF 1949, TO PROVIDE THAT THE
READING OF ALL ORDINANCES AND RESOLUTIONS ~Y BE BY
TITLE OR CAPTION ONLY, EACH RESOLUTION OR ORDINANCE
BEING POSTED ON CITY HALL BULLETIN BOARD.
PROPOSED AMENDMEI~ NO. l0
AN ACT AMENDING SECTION 72, OP CHAPTER 25786, SPECIAL
lAWS OF FLORIDA, ACTS OF 1949, TO PROVIDE FOR THE
PUBLISHING OF A CONDENSED COPY OP THE PROPOSED BUDGET.
PROPOSED AMENDMENT NO. ll
AN ACT AMENDING SECTION 77, OF CHAPTER 25786, SPECIAL
LAWS 0P FLORIDA, ACTS OF 1949, TO PROVIDE FOR THE
PUBLISHING OP A CONDENSED AUDIT WITHIN THIRTY DAYS
AFTER RECEIPT OP 'THE SAME.
PROPOSED AMENDMENT NO. 12
AN ACT AMENDING SECTION .88, OF CHAPTER 25786, SPECIAL
LAWS OF FLORIDA, ACTS OF 1949, TO PROVIDE THAT ALL
MUNICIPAL TAXES NOT PAID BEFORE THE 'FIRST DAY OP APRIL
OP ANY YEAR SHALL BE DELINQUENT Al~rD A PENALTY OF TWO
PERCENT PER MONTH, OR FRACTION THEREOF, SHALL BE ADDED
THERETO.
PROPOSED AMENDMENT NO. 13
AN ACT AI~'NDING CHAPTER 25?86, SPECIAL LAWS OF FLORIDA,
ACTS OF 1949, TO AUTHORIZE AND EMPOWER THE CITY COUNCIL
OF THE CITY OF DELRAY BEACH, FLORIDA, TO PROVIDE FOR THE
INVESTMENT OF SURPLUS FUNDS; DEFINING SURPLUS FUNDS TO BE
THOSE IN ANY GENERAL OR SPECIAL ACCOUNT OR FUNDS OF THE
MUNICIPALITY CONTROLLED BY THE GOVERNING BOARD OR BODY 0F
SUCH MUNICIPALITY WHICH IN REASONABLE EXPECTATION WILL NOT
BE NEEDED FOR THE PURPOSES INTENDED WITHIN A PERIOD OP
THREE MOItTHS FROM THE DATE OF SUCH IItVEST}~I~ I AND PERMITTING
THE DEPOSIT OP SECURITIES PURCHASED AND PROPERLY EARMARKED IN
A SAFETY DEPOSIT BOX OF SOME BANK OR INSTITUTION CARRYING
ADEQUATE SAFETY DEPOSIT BOX INSURANCE WITHIN THE CITY WHERE
THE SECURITIES WERE PURCHASED AND SECURING A RECEIPT FOR
SAID SECURITIES WHICH CAN ONLY BE REr.W~SED UPON WRITTEN
CONSENT OF THE CITY MANAGER.
1-23-61
JANUARY 23rd, 1961.
PkOPOSEDAMEND~4ENT NO.
AN ACT AMENDING CHAPTER 25786, SPECIAL LAWS OF FLORIDA,
ACTS OF 1949. TO AUTHORIZE AND EMPOWER THE CITY COUNCIL
OF THE CITY OF DELRAY BEACH, FLORIDA' TO PAY OUT OF FUNDS
AS OPERATING EXPENSES NOT TO EXCEED i00% OF THE COST OF
GROUP INSURANCE COVERAGE FOR THE EMPLOYEE EXCLUDING HIS
DEPENDENTS.
PROPOSED AMENDMENT NO. 15
AN ACT AMENDING CHAPTER 25786, SPECIAL LAWS OF FLORIDA,
ACTS OF 1959. TO AUTHORIZE AND EMPOWER THE CITY COUNCIL
OF THE CITY OF DELRAY BEACH, FLORIDA, TO ESTABLISH A
PENSION PLAN FOR CITY EMPLOYEES.
PROPOSED AMENDMENT NO 16
AN ACT AMENDING SECTION 64. OF CHAPTER 25786, SPECIAL
LAWS OF FLORIDA, ACTS OF 1949, TO PROVIDE FOR A DIRECTOR
OF PUBLIC WORKS IN PLACE OF A SUPERINTENDENT~AND.EXPANDING
HISDUTIES TO INCLUDE ENGINEERING SERVICES.
Re: proPoSed amendment~N°'.'iS. Following discussion Attorney
Zimmer~an was instructed to change the last word in said proposed
amendment from MANAGER to COUNCIL, also that in writing up the
amendment to state that it would take the consent of a majority of
the entire Council.
Re: Proposed amendment No. 14. Following discussion, Mr. Campbell
moved that said amendment be eliminated. The motion was seconded by
Mr. Thayer and upon call of roll Mr. Campbell, Mr. Thayer and Mayor
Warren voted in favor of the motion, Mr. Avery and Mr. Sundy being
opposed.
Mr. Sundy moved to direct the City Clerk to publish the
proposed amendments to the City Charter and notice of public hearing
on same. The motion was seconded by Mr. Campbell and carried unani-
mously.
On request by Mayor Warren, Press Agent Thayer read the follow-
ing report from the Planning Board Chairman paul Knowles, dated
January 23rd:
"On Thursday Jan. 19, 1961 Mr. Milton W. Blanton, regional
economist for the Federal Housing and :Finance agency, Atlanta,
Georgia and Mr. Peter Borwich of FFHA Washington, D.C. appeared
by previous arrangement at the City Hall for a checkup on the
progress of the city with respect to its allocation of 30
housing units under section 221 FFHA.
"Mayor Warren, Councilman Avery, Mr. Mingle, Mr. Hughson, and
Mr. Knowles attended this meeting.
"Following the meeting Mr. Knowles and Mr. Hughson drove the
gentlemen thru the entire area where we were able specifically
to point out the character of the area, and the scope of our
problems there.
"Both gentlemen seemed to grasp from this trip all of the
matters that were discussed in our meeting and assured us that
they were ready and willing to give us all possible help from
their end to discuss and assist the city to achieve its final
goal in this matter.
"Both men appeared to be impressed by the relative high quality
of the area as compared to other Florida cities, and felt that
we have a unique opportunity to improve the area to a high degree
provided that we can all mutually work out the basic problem of
spottysubstandard housing.
6 1-23 -61
JANUARY 23rd, 1961.
"It was .Jointly decided that a meeting be arranged at the
earliest possible time withMr..Pollack of the regional
F. H. A. office and local contractors interested .in building
for this program. It is hoped that some solution to the
problem of having certain individual lots certified by F. H. A.
at this time so that the progTam can move ahead even on a
smaller scale for the moment at least.
"It was also decided in meeting that we contact the Federal
Construction Corp. of Fort Lauderdale to see where they stood.
Mr. Hughs informed Mr. Mingle that they have an option on
sufficient land to proceed w~th at least 20 units and that
they have applied to FHA for certification of same to replace
a certification given some time back to the Smathers .Co. who
at this date appear to have been unable to acquire land with
which to proceed.
"Your co,w_ittee will continue to press all sources to get
this project in motion at the earliest possible date."
It was reported by City Ma, ager Mingle that a meeting had been set
for 9:00 A.M., February 1, in the council room, with Mr. R. S.
Pollack and the local contractors concerning this housing program.
City Attorney Zimmerman read ORDINANCE NO. C~383
AN ORDINANCE REPEALING ORDINANCE G-234,
KNOWN AS THE ZONING ORDINANCE OF THE CITY
OF DELRAY BEACH, FLORIDA, AND ALL SUBSEQUENT
A/~ENDME~S THERETO, AND IN LIEU THEREOF, ENACTING
AN ORDINANCE ESTABLISHING COMPREHENSIVE ZONING
~EGULATIONS FOR THE CITY OF DELRAY BEACH, FLORIDA,
AND PROVIDING FOR THE AEEINISTRATIONS, ENFORCFRENT
AND AMENI~ENT THEREOF. IN ACCORDANCE WITH THE PRO-
VISIONS OF CHAPTER 175, FLORIDA STATUTES.
(Copy of Ordinance No. 0-383 is attached to and made a part of the
official copy of these minutes.) (See pages 30-1 thru 30-20)
Following discussion and insufficient objections to Ordinance No.
G~383 it was moved by Mr. Campbell, seconded by Mr. Thayer and unani-
mously carried that said ordinance be passed on this second and final
reading.
Councilman Sundy asked to be excused from the meeting at this
time on account of illness.
There 'being no objections to Resolution No. 1307, passed and
adopted on January 9th, 1961 and a public hearing set for this evening
on same, Mr. Worthing read RESOLUTION NO. 1309.
A RESOLUTION OF'THE CITY COUNCIL OF DELRAY
BEACH, FLORIDA, REQUIRING OWNERS OF CERTAIN
DESCRIBED LANDS TO ABATE NUISANCES THEREON
OR BE ASSESSED COST THEREOF FOR ABATEMENT
BY THE CITY.
(Copy of Resolution No. 1309 is attached to and made a part of the
official copy of these minutes.) (See pages 30-Y & 30-Z)
It was moved by Mr. Campbell, seconded by Mr. Thayer and unanimously
carried that Resolution No. 1309 be .passed.
Mr. Worthing read ORDINANCE NO. G-382.
AN ORDINANCE OF THE CITY OF DELRAY BEACH,
FLORIDA, ANNEXING TO THE CITY CERTAIN
LANDS IN SECTION 29, TOWNSHIP 46 SOUTH,
RANGE 43 EAST, TO THE CITY OF DELRAY
BEACH, FLORIDA.
WHEREAS, it is deemed for the best interest, safet~ health,
and general welfare of the citizens of the City of Delray Beach,
7 1-23-61
JANUARY 23rd, 1961.
Florida, and ~the owners ~of the above-described real property that
said lands be annexed to the City of Delray Beach; and
~LEREAS, said lands are contiguous to the present boundary
of territorial limits of the City, and that, when annexed, it will
constitute a reasonably compact addition to the incorporated terri-
tory with which it is combined; and
WHEREAS, there are less than ten freeholders contained in the
area which is to be annexed; and
WHEREAS, the Council of the City of Delray Beach has passed
an ordinance declaring its intent to annex the above lands, which
ordinance was published in the Delray Beach News Journal for two
consecutive weeks, and to which no objections have been made;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
SECTION I. That in accordance with Sec. 185 of the Charter of
the City of Delray Beach, the City Council does hereby annex to said
City the following described tract or parcel of land located in Palm
Beach County, Florida, which lies contiguous to the existing bound-
aries of said City; to-wit:
The North 5 acres of Model Land Company's Lot ~
lying West of the F.E.C. Railroad being in Section
29, Township 46 South, Range 43 East; and
All that part of Model Land Company's Lot 5 lying
West of the FoE.C. Railroad less the North 5 acres
being in Section 29, Township 46 South, Range ~3
East; and
That pa~t of Model Land Company's Lot 6 lying West
of the F.E.C. Railroad being in Section 29, Township
46 South, Range 43 East; and
That part of Model Land Company.s Lots ?, 8 & 9
lying West of the F.E.C. Railroad being in Section
29, Township 46 South, Range 43 East; and
The W~2~ of the NE~ of the N~ of the SE~ being in
Section 29, Township 46 South, Range 43 East; and
The E-~ of the NE¼ of the ~ of the SE~ being in
Section 29, Township 46 South, Range 43 East.
SECTION 2. That the boundaries of the City of Delray Beach ·
are hereby redefined so as to include therein the above described
tract of land, and said land is hereby declared to be in the cor-
proate limits of the City of Delray Beach, Florida.
SECTION 3. That the property hereinabove described in Section
I hereof shall be zoned in District "C-3" (wholesale distribution
and light industrial) as defined by existing ordinances of the city,
and be regulated by the same.
SECTION 4. That said lands hereinabove described shall immedi-
ately become subject to all of the franchises, p~ivileges, immunities
debts, obligations, liabilities, bonded indebtedness existing this
date, ordinances and laws to which lands in the City of Delray Beach
are now or may be, and the persons residing thereon shall be deemed
citizens of the City of Delray Beach.
SECTION 5. This ordinance shall take effect immediately upon
becoming a law.
PASSED AND ADOPTED in regular session on this second and final
reading this 2~rd day of January, A.D. 1961.
There being no objections to Ordinance No. G-382 it was moved by Mr.
Campbell, seconded by ~ir. Thayer and unanimously carried to adopt
said Ordinance on this second and final reading.
8 1-23-61
City Attorney Zimmerman then read the caption of
ORDINANCE NO. G-388.
AN ORDINANCE OF THE ~ITY OF OELRAY
BEA. CH, FLOR.~iA, REPEALING SECTIONS
15 7 AND 15 11, AND AMENDING SECTIONS
15-6, 1%-9 AND 15-10, ALL OF THE CODE
OF ORDINANCES OF THE CITY OF DELRAY
BEACH PERTAINING TO LOT CLEARANCE ON A
HEALTH AND SANITATION BASIS.
It was moved by Mr. Thayer, seconded by ~. Campbell and unanimously
carried that Ordinance No. G-388 be placed on first reading.
The proposed Assessment Roll for opening, grading and paving
of that part of N. W. 1st Street lying between N. W. 8th and 10th
Avenues to a width of 24 feet~ submit~ted by the Cit~ Manager in
Compliance with S~ection 169 of the City Charte~, on motion by i~r~.
Avery, seconded by L~r. Campbell was unanimously approved, copy of
which follows:
AS~S~ES SA~MENT ROLL
For Opening, Grading and Paving of that part of Northwest First Street
lying between Northwest eighth and tenth Avenues to a width of 24 feet.
FRO FRONT FT.TOTAL
D SCRI I0 , OF PRO E W 0WWSR F,,O AGE ASS' -, A,SS, .
West Side Heights ~'
Lot 12, Block A. C. Cartwright 136.58 $2.629 $ 359.07
" 13, " A. Samuel & Margaret
Jenkins 136.57 " 359.05
" 12, " B. James McQuay 136.57 " 359.05
" 13, " B. George A. Foulkes 136.%8 " 359.07
" 1, " C. Mark & Eula M.
O'Neal 136.58 " 359.07
" 24, " C. William Hardwick 136.%7 " 359.04
" 1, " D. Herbert & Essie
Mae Wilson 136.%7 " 359.0~
" 24, " D. Stanley BenJami.n ~ 136.~8 " _ 359.07
l, 092~60 ~$2, ~72,4~**
Resolution No. 120~ $ 18.89
Assessment Roll (est) 1~.25
Ordinance~ Caption (est) 5.50
Engineering (E. Elliott Gross) 176.9~
Contract (Palm Beach Asphalt Corp.) ~ 3,375.00
Less 20% 718.12 City,s share of
cost per Reso.
** 8o% TO BE ASSESS O. ' 1204.
Mr. Worthing then read the caption of ORDINANCE NO. G-384.
AN ORDINANCE OF THE CITY OF DELRAY BEACH,
FLORIDA, LEVYING THE ASSESSMENTS AS SHOWN
BY THE ASSESSMENT ROLL SUBMITTED BY THE
CITY MANAGER OF SAID CITY, FOR OPENING,
GRADING AND PAVING OF THAT PART OF NORTHWEST
FIRST STREET LYING BET¥~EEN NORTHWEST EIGHTH
AVENUE AND NORTHWEST TENTH AVENUE, TO A ~IDTH
It was moved by Mr. Campbell, seconded by ~. Thayer and unanimously
carried that Ordinance No. G-384 be placed on first reading.
The proposed Assessment Roll for Construction of Storm Drains
in Section "P" as shown on Storm Drainage System Survey File T.F.
1868-P together with the installation of catch basins, Man-Holes and
appurtenances in conjunction with such storm drains, submitted by the
City ~na~$r ih comp~ta~ge with gec~tion 169"~f the City Charter, on
motion b.y ?~. Oampbell and seconded by ~. Thayer was unanimously
approved, copy of which follows:
9 1-23-61
JANUARY 23rd, 1961.
AS~SESS~ ~_. ROLL
Construction of Storm Drains in Section "P" as shown on Storm Drain-
age System Survey File T.F. 1868-P together with the installation of
Catch Basins, Man-Holes and Apprutenances in conjunction with such
Storm Drains.
Total Area Assessment
DESCRIPTION Benefited per benefited TOTAL
.OF_. PRgPE~RTY OWNE.__..~R S.~_._ F.t_.__., Sq_._ Ft_._ . ASSESSMENt_'
Delray Beach
Esplanade
Lot 3 The Laura Lee Corp. 8,995 .0343016 $308.54
Lot 4 & E 32.5'
of Lot 5 Edna N. Meek 11,772 " 403.80
Lot 5 less E 32.5t J. R. & Claire
& Lot 6 ~ Pritchard ~,372 " 492.98
Lot 7 Harry D. Watts,Jr. 6,517 " 223.54
Lot 8 Homer A. & Elizabeth
D. Wessel 6,581 " 225.74
Lot 9 Romar Corp. 6,776 " 232.43
Lot 10 Madeleine C.Garrett 8,242 " 282.72
Lot 11 F.H. & Charlotte
C. Drexler 10,631 " 364.66
Lot 12 R.D. & Florence
C. L~b 17,748 " 608.79
Lot 13 Elizab~h P.Doherty 13,118 " ~ 9.97
Lot ~ Jo~ W.McElwain ~, 570 " 499.78
Lot 1~ less S~Ely Charlotte M.
3.24' Wellenbri~ 22,554 " 773,64
Lot 16 & S,Ely
3.24' of Lot 15 J.B. Corby 11,610 " 398.24
Lot 17 Betty C.Hemenway 6,662 " 228.52
Lot 18 & W 35' of
Lot 19 Betty C. Hemenway 10,940 " 375.26
Lot 20 & E 30~
of Lot 19 J.F. Vander Wolk 10,782 " 369.84
Lot 21 & W 35'
of Lot 22 Sewell C. Biggs 11,400 " 391.04
Lot 23 & E 30~
of Lot 22 Ida L. Bushnell 11,518 " 395.09
Lot 24 C. E & Edna F.
Tobia~ 7,818 " 268.17
Lot 25 Mary ~u Y.Gillies 8,012 " 274.83
Lot 30 & E 35~ J. L. & Margaret M.
of Lot 31 Patterson 11,888 " 407.78
Lot 31 less E
35' & Lot 32
less W 25' Burchard Dutcher 9,167 " 314.;~;~
Lot 33 & ~ 25'
of Lot 32 George F. Green 11,633 " 399.03
10 1-23-61
Lot 34 ~rgaret H.O'Donnell 7,637 .0343016 261.96
Lot 35 & E 10' T. L. & Margaret
of Lot 36 Kenney 8,678 " 297.67
W 65t of Lot 36 John A. & Florence
& E 1Ct of 37. Thayer 8,295 " 284.53
Lot 37 less E 1Ct
& Lot 38 Alden L. Painter 13,425 " 460.50
Lot 39 & Lot 40 Chas. R. & Louise
less E 1Ct N. Breck 15,072 " 516.99
E 1Ct of Lot 40,
All of Lot 41 ~
W 35' of Lot 42 Alfred J. Knoll 12,974 " J!1!5.03
E 30' of Lot 44~&
W 55' of Lot Mary Jelks Keen 8,883 " 304.70
Lot 44 & E
of Lot 43 George F. Green 9,975 " 342.16
Lot 45 Owen A. & Margaret
S. Luckenbach 8,151 " 279.59
Lot 46 James I. Sinks 7,410 " 254.18
Lot 47 Hope H. Watts
~361,5 y2 $I2,402 ~ 53**
Resolution No. 1253 $ 41.80
Assessment Roll (est) 36.30
Ordinance Caption (est) 5.50
Engine ering ( Brockway ) 1,825.04
Contract (Dargel Const. Co.)~5~2
~15,503.1~"-"
Less 20% 3,100.63 Cityts share of cost per
....... Resolution 1253.
· ~ 80% TO BE ASSESSED $12,402,53
Mr. Worthing then read the caption of ORDINANCE NO. G-385.
AN ORDINANCE OF THE CITY OF DELRAY BEACH,
FLORIDA, LEVYING THE ASSESSMENTS AS SHOWN
BY THE ASSESSMENT ROLL SUBMITTED BY THE
CITY ~LANAGER OF SAID CITY CONCERNING THE
CONSTRUCTION OF STORM DRAINS IN SECTION
"P" AS SHOWN ON STORM DRAINAGE SYSTEM
SURVEY FILE T.F. 1868-P, TOGETHER WITH
INSTALLATION OF CATCH BASINS, ~&.N-HOLES
AND ALL NECESSARY APPURTENANCES IN CON-
JUNCTION WITH SUCH STORM DRAINS.
Ordinance No. G-385 was placed on first reading on motion by Mr.
Thayer, seconded by Mr. Campbell and unanimously carried.
City Attorney Zimmerman read ORDINANCE NO. G-386.
AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF DELRAY BEACH, FLORIDA,
PROHIBITING THE HOLDING AND EXHIBITION,
OF CARNIVALS AND CIRCUSES WITHIN THE
MUNICIPAL LIMITS.
WHEREAS, the City Council of the City of Delray Beach has de-
termined that there are no sites within the municipal limits where
a carnival or circus could be located without dis~-urbing the residents
of the City, and
WHEREAS, the City Council deems it in the best interests of the
residents of the City that ~arnivals and circuses be prohibited with-
in the municipal limits,
11 1-23-61
SO
JANUARY 23rd, 1961.
NOW, THEREFORE, BE IT ORDAINED~'BYTHE CITY COUNCIL OF THE CITY
OF DELRAY~BEACH, FLORIDA AS FOLLOWB:.
SECTION 1. That all carnivals and circuses are hereby pro-
hibited from being held or exhibited within the municipal limits.
PASSED AND ADOPTED this the...__ day of ......... , 1961.
It was moved by P~. Thayer and seconded by ~. Campbell to place
Ordinance No. G-386 on first reading. Councilman Avery further
protested any favorable action to the proposed ordinance. Mr.
Campbell stated, for the record, regarding the carnival that had
Just been in Delray Beach, that the management cooperated, the
noise was held down and they did every thing possible to cooperate
, willingly, but that has nothing to do with the question, the Council
has to decide on the merits of the case and not on the organization
that is asking for it. Upon calli~of roll Mr. Campbell, Mr. Thayer &
Mayor Wsrron voted in favor of the motion, M~. Avery being opposed.
Regarding the loading area for farm labor, ~. Campbell stated
that it had been determined by Mr. Sundy, who originally broughtthe
matter up, that it be dropped at this time.
City Manager Mingle informed the Council that the City Engineer
and members of the Planning Board are reviewing the subject of height
and location of hedges and shrubs at intersections and expects that
a report will be ready for the next meeting.
Regarding a report from the City Engineer that was requested by
the Council on January 9th, pertaining to research and estimated
costs for a sewage disposal plant to provide for handling of ap-
proximately 967 current connections as well as 1,000 additional
connections and further with definite provisions for possible ex-
pansion of said plant, Mr. Campbell informed the Council that our
City Engineer has met with Russell & Axon representatives and that
they are willing to forgo the charge of $1,500.00 for services in
preparing the supplemental report, if in turn the records that the
City now has from other engineers are made available to them. Mr.
Frank Osteen of Russell & Axon confirmed Mr. Campbellls statement
and February 15th at 8:30 A.M. was set for a meeting date for the
Council and the Engineers to discuss the report that will be prepared.
City Manager Mingle presented the following bills for approval:
General Fund $ 8~,293.09
Water Fund - Operating Fund 2,131.10
It was moved by Mr. Campbell, seconded by Mr. Thayer and unanimously
carried that the bills be paid.
The meeting adjourned at ll:O0 P.M., by order of Mayor Warren.
R. D. WORTHING
.,. City Clerk
APPROVED:
MA~OR
12
1-23-61
RESOLUTION NO. 1309
A RESOLUTION OF THE CITY COUNCIL OF DELRAY
BEACH, FLORIDA, REQUIRING OWNERS OF CERTAIN
DESCRIBED LANDS TO ABATE NUISANCES THEREON
OR DF. ASSESSED COST THEREOF FOR ABATEMENT
BY THE CITY.
WHEREAS, the City Council did, in regular session held on
the 9th day of January, 1961, enact Resolution No. 1307, deClaring
'the existence of a nuisance upon certain lots or parcels of land for
violation of Chapter 15 of the City Code and Ordinance G-l~7, and
WHEREAS, pursuant to said Resolution, the City Clerk of
the City of Delray Beach, Florida, did furnish owners of the lands
therein declared nuisances with notice that the City Council would
sit on January 23rd, 1961 at 8:00 P.M., at the City Hall in Delray
Beach, Florida, for the purpose of allowing said owners to show
cause, if any, why said nuisance described ih said resolution should
not be abated; and
WHER~S, Pursuant to said Resolution, the City ~ounci~ of
the City of Delray Beach, Florida,did on January 23rd, 1961 at ~:00
P.M., at the City Hall in Delray Beach, Florida, hold the hearing
provided for in such notice, and did consider such reasons and facts
ss were presented by the owners of said lands, and such other mater-
ial and pertinent evidence as was adduced before it.
NOW, THEREFORE, BE IT RESOLVED that the existence of a
nuisance for the reasons hereinafter set forth, be and the same is
hereby adjudged upon the following lands in the City of Delray Beach,
Florida, to-wit:
OWNER ADDRESS ~OT ,..BLOCK.. &.. $./D. CITY CODE
Franklin B. & School of Phys. Edu. Lot 7, Block 58.
Lillian P. Haar University of Oregon,
Eugene, Oregon.
Jerone & Grace W. P.O. Box 1795 Lots 19, 20 & 36,
Portman Delray Beach, Florida Bonniecrest.
Richard &Miriam 1221 N.W. 3rd Avenue Lot 3 & N~ of Lot 2
Hanna Delray Beach, Florida Block 5, Ida Lake ~errace
Donald B. & Golda 32580 Romsey Road, Lot 9, Block 2,
M. Hogue Franklin, Michigan Ida Lake Terrace
O.D. Priest, Sr. P.O. Box 31~ Lots 10 and 11,
Delray Beach, Fla. Block 63.
K.D.D.O. Corp. 215 S. Federal Hwy. Lot 5 & E 12' of Lot
Boynton Beach, Fla. Block $, Bellview
~nor
Joseph & Ida P.O. Box 985 Lot 15 less E 26' &
Kolendo Boynton Beach, Fla. Lot 16 less W 28',
Block 2; & Lot 9,
Block 3, Bellview Manor
Adam Olivieri Bird Road Lot 10, Block 8~
Nangatuck, Conn. 0sceola Park
~organ D. Lenke 321 Cleveland St. S 50' of N ~63.6' of
Brooklyn, N.Y. W 100' of Block 125
3o
W.W. Taylor 187 Dunvegan Road W 8~.~6' of S 159.~~ ~
Toronto, Canada less N 30' R/W, Ocean ~,
Beach Lot 26
L.L. & Ethel J. 1960 S.E. 16th St. Lot 128 ~
Stanger Pompano Beach, Fla. Tropic Palms
Nettle I. Collier 19~9 S.~. I6th Ct. Lot 129 ~
Bellaire. Tropic Palms
Pompano Beach, Fla.
Jessie A. Parsons 3015 Hobart Street Lot 131 ~
Woodside 77, N.Y. Tropic Palms
Iiorace C. Jeff ers 53 Maple Avenue Lots 132, 133 & 13~ ~
Morristown, N.J. Tropic Palms
Emerson C. & Unie 18 Briarcliff Road Lots 135 & 136 ~
Church Tenafly, N.J. Tropic Palms
Lars & Margith 301 S.E. 3rd Court Lot 138 ~
Husebo Garden Isles, Tropic Palms
Pompano Beach, Fla.
Vander & Edna 1510 Atlantic Ave. Lot 139 ~
Messick Beach Haven, N.J. Tropic Palms
Evans Homes, Inc. 903 S.E. lOth Court Lots 1~O, 1~3, & 1~5 ~
Deerfield Beach, Fla. Tropic Palms
J.J. & Estelte V. 1251 Torrey Road Lots 1~1 & 1~6 ~
Binder Grosse Point Woods Tropic Palms
36, Mich.
Melvin & O'Detta P.O. Box 111 Lot 1~2 W
Schmitt Boca Raton, Fla. Tropic Palms
Edna Mae Seider 910 Forest Avenue Lot 1~7 k
Deerfield, Ill. Tropic Palms
Arnold G. & Grace 10~8 Newport Lot 1~8 ~
I. Hartman Detroit 15, Mich. Tropic Palms
McKinney, Inc. 2662 S. Federal Hwy,Lot 1~9 ~
Delray Beach, Fla. Tropic Palms
NATURE OF NUISANCE SPECIFIED: "$" All lands in the City shall
be kept free from weeds of a height exceeding eighteen inches. The
word weeds as used herein shall be held to include all rank vege-
table growth which exhale obnoxious or unpleasant odors, or which
might be a source of disease or physical distress to human beings,
and the word shall also be deemed to include all high and rank ~ege-
table growth that may conceal pools of water, trash, filth or any
other deposits which may be detrimental to health. The existence of
any such weeds is hereby declared to be a nuisance.
~ND, BE IT FURTHER RESOLVED that the City Clerk of the City of
Delray Beach, Florida, furnish owners of the lands hereinabo~e list-
ed and described with a copy of this resolution at their last avail-
able address within ten (10) days from the date this Resolution is
adopted.
AND, BE IT FURTHER RESOLVED that said owners be and they are
hereby notified that they are required to abate the nuisance here-
inabove adjudged and specified within thirty (~0) days from the re-
ceipt of a copy of this Resolution; otherwise, in default thereof,
the City of Delray Beach~ Florida, will enter upon said lands and
abate the said nuisance hereinabove specifi~d and will levy the cost
of such work as an assessment against the p~operty hereinabove de-
scribe'd..
PASSED AKD ADOPTED in regular session on this the 23rd day of
January, 1961.
ATT EST: ~ ~ ' M A "¥' 0 'R '. ...... . ....
O__RDIN.,..ANCE No~ G-383
AN ORDINANCE REPEALING ORDINANCE G-23&, KNOWN AS THE ZONING
ORDIN~dYCE OF THE CITY OF DELRAY BEACH, FLORIDA, AND ALL
SUBSEQUENT AMENDMENTS THERETO, ~ND IN LIEU THEREOF, ENACTING
AN ORDINANCE ESTABLISHING COMPREHENSIVE ZONING REGULATIONS
FOR THE CITY OF DELRAY BEACH, FLORIDA, AND PROVIDING FOR
THE ADMINIS~ATIONS, ENFORCEMENT ~.~D AM.~3NDM~NT THEREOF, IN
ACCORDANCE WITH THE PROVISIONS OF CHAPTER 176, FLORIDA STATUTES.
Whereas, Chapter 176, Florida Statutes, authorized the City of Delray
Beach to enact a zoning ordinance and to provide for its admS_nistration, en-
forcement, and amendment, and
Whereas, the Mayor and City Commission of the City of Delray Beach
deem it necessary in order to lessen congestion in the streets, to secure
~ safety from fire, panic, and other dangers~ to promote the health, ~.~.~ g~.~eral
welfare; to provide adequate light and air, to prevent overcrowding of land;
to avoid undue concentration of population; to facilitate the adequate
provisions of transportation, water, sewerage, schools, parks and oth~r public.
refL~em~ent~, to make ~ud pronn~gate such regulations with reasonable con-
siderstioa among other things, to the character of the district end its
peculiar suitability for particular uses, end to conserve and ~t~bili.~,e
property v~.ues and encourag~ the most appropriate use of l~d throuEhout
said city in accordance ~:bh a comprehensive plan~
Now~ therefore, Be it Ordained by %he Mayor ~ud City Commission of th.~.
City of Del~.~ay Beach, Florida:
S_~EC?~.O~_ !. DEFINITIONS
For the purposes of this ordinance, certain terms and words are
defined as follows:
All words used in the present tense shall include the luff%re tensg;
all words in the singular number shall include the plural number; and all
words in the plural number shall include the singular number unless the
natural construction of the wording indicates otherwise; the words "used for
shall include the meaning "designed for"~ the word "structure~'' shall inclu~.e
the %~rd "building" the word '~lot" shall include the words ~'plot" and'%_-act
and the word ~'shall" is mandatory.
ACCESSORY BUILDING. A building the use of which is incidental to th,~t
of the main building and located on the same lot or parcel of lan~.
ACCESSORY BUILDING, ATTACHED. A buildin~ which has at least twgnty-five
(2~,) per cent of an~ wall common with a wall or portion of a wall of the main
building, or is built as an integral part of the main building, or which is
attached to the main building by a roof, as by a breezeway.
ACCESSORY USE. A use incidental and subordinate to the principal use
or buildin~ and located on the same lot or parcel of land withssuch
principal use or building.
ALLEY. A roadway which affords only a secondary means of access to
abuttinE property and not intended for general traffic ci~,suls.tion.
APARTMENT HOTEL. A buildin~ designed for or containing both apart-
ments and individual ~uest rooms or suites which may offer such services as
ordinarily furnished by hotels.
BOARD. The word ~'Boa~d" shall be construed to mean the City Plannir~
Board of Delray Beach as now constitued,
BOARD]/~G (ROOMING) HOUSE. A dw~lltr~ h~.vin,~ one kitchen and used
for the purpose of providir~ meals or lodging c%, bo~,h for ¢o.~pe~3,~ation to
peNson8 other than members of the family occupying oach
BUILDING. Any pemmanent structures designed or built for the support,
shelter, or pmotection of persons, animals, chattels or property of any kind.
BUILDING, HEIGtTOF. The vertical distance measured from the average
elevation nf the proposed finished grade ~t the front of the building to the
highest point of the roof for flat roofs; 'to the deck line of mansard roofs,
and the mean height between the eaves and ridge for gable, hip or gambrel
roofs. ~ '~
CARPORT. ' A roofed area open on one, two or three sides and attached to the
main building, for the storage of one or more motor vehicles.
CLINIC, A clinic is an establishment where patients, who are not.lodged
over night, except for obsez~zation or emergency treatment, are admitted for
examination and treatment by one person or group of' persons practicing' any fo~m
of healing or health building services to individuals, whether such persons be
medical doctors, chiropractors, osteopaths, chiropodists, naturopaths, optometrists
den%is~s or any such profession the practice of which is lawful in the State of
Florida, ..
CLUB. Buildings o~ facilities owned 'o~ operated by a corporation, asso-
ciation, person or persons, for a socials' educational or recreational purpose,
hut not primarily for profit or to render a'service which is customarily carried
on as a business. "
D~F.I~INGo ^ building or portion thereof, ~ut not an automobile house trailer,
designed o~ used exclusively for residential occupancy~ut not including hotels,
lodginghouses or motels,
D~F.L~[NG~ SINGLE ON~ ~IIL¥. A building designed for or occupied exclusively
by one family.
DWELLING, T~O FAMILY (DUPLEX). ^ building designed for or occupied ex-
clusively hy two families, living independently o£ each other. '~
DWELLING, MULTIPLE (APARTMENT HOUSE). A building designed for occupancy
hy three or more families living independently of each other.
EFFICIENCY APARTMENT. A dwelling unit consisting principally of one room
and alcoves, equipped with kitchenette and bath, designed and intended to he
used as the temporary abode of transients and seasonal occupants.
F~%MILY. Any number of individuals living together as a single housekeeping
unit and doing their cooking on the premises, as distinguished from a group
occupying a hoarding house,lOdging house or hotel, as herein defined.
FILLING STATION. Any building, structure, or land used for ~he dispensing,
sale or offering for sale at retail of any automobile fuels, oils or accessor-
ies. No major repairs, as body building, welding, tire recapping or painting
shall he permitted.
FRONTAGE. Ail the property abutting one (1) side of a street between two
(2) intersecting streets, measured along the street line.
GARAGE APARTMENT. An accessory building, not a part of or attached to
the main building, where a portion thereof contains living facilities for not
more than One (1) family and an enclosed space forone or more automobiles.
GARAGE, ~{ECHANICAL.. Any building or land where automotive vehicles are
repaired, rebuilt, reconstructed, p~inted; where tires are recapped and welding
work is practiced.
GARAGE, PRIVATE. A detached accessory building or a portion of a principal
building for the storage of automobiles of the occupants of the premises. A
private garage shall include carport.
GA~AC~, STORAGE. Any building or portion thereof other than a private or
mechanical garage, used exclusively for the parking or sto~csge of motor vehicles.
Services o~her th~n storage shall be limited %o ref~mling, lubrication, washing
and polishing.
GRADE. (A) For buildings adjoining one street only, the elevation of the
sidewalk at the center of the wall adjoining the street.
(B) For buildings adjoining more than one street, the average of the
elevations of the sidewalk at the centers of all walls adjoining streets.
(C) For buildings having no wall adjoining the street, the average
level of the finished surface of ~he ground adjacent to the exterior walls of
the building.
GUEST COTTAGE. A guest cottage is a building occupying not more than 1/20
of the area of the lot on which it is situated and which is used exclusively for
housing members of the family occupying the principal dwelling or their non-
paying guests~ the maximum area not to exceed 700 square feet and complying
with the general building height and yard regulations for main buildings.
GUEST HOUSE. Any dwelling, in which rooms are rented for the temporary
care ~ lodging of transients and t~veler$ for compensation and so advertised
to the public.
HON~ OCCUPATION. Any occupation in connection with which there is kept no
stock in trade nor commodity sold upon the premises, no person employed
other than a member of the immediate family residing upon the premises, and
no mechanical equipment used except such as is permissible for purely domestic
or household purposes; and in connection with which there is used no sign other
than an unlighted name plate not more than one (1) square foot in area, nor
display that will indicate from the exterior that the ~uilding is being utilized
in part for any purpose other than that of a dwelling.
HOTEL. A building or other structure kept, used, maintained, advertised
as or held out to the public to be a place where sleeping accommodations are
supplied for pay to transient or permanent guests or tenants, in which ten or
more rooms are furnished for the accommodation of such guests; and having or not
having one or more dining rooms, restaurants or cafes where meals or lunches are
served to transient or permanent guests, such sleeping accommodations and dining
rooms, restaurants o~ cafes, if existing, being conducted in the same building
or buildings in connection herewith.
LAUNDRY, SRLF-SERVICE. A business mandating a retail service by renting to
the individual customer equipment for the washing and d~ying of laundry.
LOA~ING SPACE. A space on the lot or parcel of land accessible to an alley
or street not less than twelve (12) feet in width, thirty (30) feet in depth and
fourteen (14) feet in height.
LOT. A parcel of land occupied or intended for occupancy by one main
building together with its accessory buildings; including the open spaces and
pa~king spaces required by this o~dinance. For the purpose of this ordinance
the word "lot" shall be taken to mean any nLwnber of contiguous lots or portions
thereof, upon which one or more main structures for a single use is to be erected.
LOT OF RECORD. A lot which is a pa~t of a subdivision, the map of which has
been recorded in the office of the Clerk of the Circuit Court of Palm Beach County
Florida.
LOI, CORNER. A lot abutting upon two (2) or more streets at their inter~ecti
LOT, DEPTH. The depth of a lot is the distance measured in the mean dir-
ection of the side lines of the lot from the midpoint of the front lot line to
the midpoint of the opposite main rear line of the lot.
LOT, DOUBLE FRONTAGE. A lot having a frontage on two (2) non-intersecting
streets, ,s distinguished from a corner lot.
LOT, INTERIOR. A lot other than a corner lot.
LOT WIDTH. /he mean horizontal distance between the side lines of the lot
measured at ~ight angles to the depth.
MO~L. A group of attached guest rooms or apartments without housekeeping
facilities, with automobile storage or parking space provided in connection
therewith, designed and used primarily by automobile transients.
NCN-CONFOPJ~INGUSE. A building or the use of a building, or land, that
does not conform to the regulations of the Use District in which it is located.
NURSING (CONVALESCENT) HC~E. A home for the aged, chronically ill or
incurable persons in which three (3) or more persons not of the immediate family
are received, kept or provided with food and shelter or care for compensation~
hut not including hospitals~ clinics or similar institutions devoted primarily
to the diagnosis and treatment cf the sick or injured,
PARKING LOT. An open area which is used for the parking of automobiles.
PARKING SPACE. A surfaced area, enclosed or unenclosed, sufficient in size
to store one (i) automobile, together with a driveway connecting the parking
space with a street or alley and permitting ingress and egress of an automobile.
SHOPPING CENT~R. A group of retail stores planned and developed for the
site upon which they are built as a unit.
STORY. That portion of a building included between the surface of any floor
and the surface of the next floor above it, or if there he no floor above it, then
the space between such floor and the ceiling next above it,
STORY, HALF. A story under a gabled, hipped or gambrel roof the wall plates
of which on at least two (2) opposite exterior walls are not more than three (3)
feet above the finished floor of such story.
STREET. A public thorofare which affords principal means of access to
abutting property.
STREET LINE. A dividimg line between land and a contiguous street.
STRUCTURE. Anything which is built or constructed, an edifice or building
of any kind, or any piece of work artifically built up or composed of parts
Joined together in some definite manner. The term "structure" shall be con~-
strued as if followed by the words "or parts thereof".
STRUCTURAL ALIERATIONS. Any change in the supporting members of a building,
such as bearing walls, bearing partitions, columns, beams or girders~ or any
complete rebuilding of the roof or the exterior walls.
SUBDIVISION. A division of land into two or more lots, plots or sites.
TRAILER SALES. A place where trailer coaches (mobile homes) are stored
and/or displayed for sale, either upon an open tract or parcel of ~nd or
building cr both.
USED CAR LOT. A lot or group of contiguous lots used for the storage,
display and sales of used automobiles and where no repair work is done except
the necessary reconditioning of the cars to be displayed and sold on the premises.
USED CAR JUNK YARD. A lot or ~roup of contiguous lots used for the dis-
mantling oF wrecking of used automobiles or the storage, sale or dumping,'~of
dismantled or wrecked cars or their parts.
YARD. An open space on the same lot with a building, unoccupied and un-
obstructed from the ground upward, except by trees or shrubbery or as other-
wise provided herein.
YARD~ FRONT. A yard across the full width of the lot, extending from the
front line of the b~ilding to the front line of the lot, excluding steps.
YARD, REAR. A yard extending across the rear of a lot measured between
lot lines and being the minimum horizontal distance between the rear lot line
and the rear of the main building or any projections other than steps, unenclosed
balconies or. unenclosed porches. On comer'lots the rear yard shall he considered
as parallel to the street upon..which the' lot has its l%ast dimension. On both
corner and interior lots the rear yard shall in all cases he at the opposite end
of the lot from the front yard. ..'
YARD, SIDE. A yard between tbs building and th'~ side line ,of. the 19t and
extending from the' front lot line to the rear lot line. ...~ , ;
SECTION 2..., DIS,~,I,C.TS, ,AND BOUND~I,,.E.,S THEREOF .
In order to ~egulate and limit the height and size of buildings~ to regulate
and.limit the intensi~.y' of the use Of lot areas; to regulate and determin~ the
areas of open spaces within and'surrounding buildings; .to classify, regulate
and restrict the location of trades and industries~ and the location of build-
ings deal§ned for specified indust~ial, business, residehtial ..and other ~ses
the City of Del~ay Beach, Florida is hereby divided into districts of which
there shall he ~en (1~ known as,
R-iAAA - Single Family Dwelling District . . ' · .',
R-12A;d3- Single Family D~elling District '
R-1AA - Single Family Dwelling District
R-IA - Single Family Dwelling Distric~
R-1 . - Single Family Dwelling District.
R-2 -' One .~nd T~o Family Dwelling District
R-3 - I,lultiple Family Dwelling District
C-1 - Limited Commercial District
C-2 - General Commercial District
C-3. - ~holesale Distribution and Light Industrial District
The boundaries of the districts are sho~n upon the map accompanying this
ordinance and made a part thereof, and entitled '.'Zoning Map.. of Delray Beach,
Florida, 1960". The Zoning Map and alt the notations, references and other
information shown thereon are. a part Of this ordinance and have the same force
and effect as if such information set for~on the map were all fully described
and set out herein. This Zoning Map properly attested is on. file· in the office
of the City Clerk.
In the creation, by this ordinance, of the respective districts, the Com-
mission has given due and careful consideration to %he peculiar suitability of
each and every such district for the parti'cul~r regulations, applied .ther. eto and
the necessary proper and comprehensive groupings and arrangements of '.the' various
uses and densities of population in accordance with a well considered plan for
the develo~nent of the city.
The boundaries of.. such 4istricts as are shown upon the map adopted by ~3~is
ordinance or amendment thereto., are hereby adopted and .approved "and the regula-
tions of this ordinance governi'ng the use of land' a~d buildings end other
matters as hereinafter set forth, are hereby established and declared .to be in
effect upon all land included within the boundaries of each and every district
shown upon said map.
Where uncertainty exists ss to boundaries of any district shown on said
map the following rules shall applyt
1. Where such district boundaries are indicated as approximatly following
street lines, alley lines or lot lines, such lines shall be construed to be such
boundaries.
2. In unsubdivided property or where a district boundary divides a lof,
the' location of such boundary, unless the same is indicated by dimensions, shall
be determined by the use of the scale appearing en the original map. Where a
district boundary divides a lot, the zone classification of the greater portion
shall prevail, throughout the lot.
3. In case any f~rther uncertainty exists, the Commission shall interpret
the intent of the map as to the tocstion of such boundaries.
~. Where any street or alley is hereafter officially vacated or abandoned,
the regulations applicable to each parcel of abutting property shall apply to
that portion of such street or alley added thereto by virtue of such vacation
or abandonment.
5. Territory which may hereafter be annexed to the City of Delray Beach
shall be classified in the R-1AA Single Family Dwelling District until other-
wise changed by ordinance as provided herein.
1. No building shall be moved, erected, reconstructed or structurally
altered, nor shall any building or land be used which does not comply with all
the district regulations specified by this ordinance for the district in which
the building or land is located.
2. The minimum yards and other open spaces including the "intensity of
use~ provisions contained in this ordinance for each and every building herein-
after erected or structurally altered, shall not be encroached upon or con-
sidered as yard or open space requirements or "intensity of uses' requirements
for any other building.
3. Every building hereafter erected or structurally altered shall be
located on a lot as herein defined and in no case shall there be more than one (1)
principal building and the customary accessory buildings on one lot or parcel of
land.
~. No yard, court or open space, nor part thereof, shall be included as a
part of the yard, court or open space similarly required for any other building,
structure or dwelling under these regulations.
5. To further clarify the definition of structure as applied to all district~
and boundaries (See Sec. 2) the following shall apply:
(1) The following structures shall be permitted in front, rear, or
side setbacks as provided in this ordinance in any zone:
(a) Planter walls - not to exceed 3 feet in height.
(b) Lot line walls "
(c) Fences ~ ~' 6 ~' ~' "
(d) House eaves " " 3-foot overhang.
(e) Steps and platforms to principal building - not to exceed
3-foot height.
(f) Barbeque pits - 6' x 6~.
(g) Rock gardens.
(h) Fish or lily ponds - 18-inch maximum depth.
(2) Other structures similar to the above shall require application
to the Building Inspector.
SECTION ~._ _R-1AAA. R-1AA._A~.. and R-1AA SINGLE FAMILY DWELLING DIS~ICTS
A. USES P~T~D
With~ ~ R-1A~, R-l~AB, ~d R-l~ Single F~ily ~ell~g District, no
build,g, struct~e or l~d or water shall be used except for one or more of
the follow~g uses:
(1) S~gle F~ily dwell~gs ~d their customary accessory uses ~d
struct~s.
B. CONDITION~ USES
~en ~ter review of ~ application ~d plus appurten~t thereto ~d he~-
~g thereon, the Pl~g Bo~d f~ds as a fact that the proposed use or uses
are consistent ~th the gener~ zon~ pl~ ~d ~th the public ~terest, the
6
following may be recor~ended to the City Commission as permitted uses in the
R-1AAA and R-1AA Single Family Dwelling Districts:
(a) Public schools, nursery schools and kindergartens.
(b) Libraries, community center buildings, public museums.
(c) Churches and their attendant educational and recreational facilities.
Any review of an application or plan shall consider the character of the
neighborhood in which the proposed use is to be located and its effect on the
value of surroundLug lands, and further, the area of the site as it relates
particularly to the required open spaces. ~and off street parking facilities.
Co BUILDING HEIGHT REGULATIONS
No building or structure shall exceed thirty-five (35) feet ink.height,
except as provided in Section l~.
D. BUILDING. SITE AREAL REQUIRED.
Each single family dwelling shall be located on a lot or parcel of la~
having an area of not ].ess than twelve thousand five hundred (12,500) square
feet in an R-1AAA District and nine thousand five hundred (9,500) square
feet in an R-1AA District and said lots or parcels of land shall have m~ni-
mum widths at the building line and depths of one hundred (100) feet and
one hundred ten (llO) feet ~u an R-1AAA District and R-1AA District.
Said lots or parcels of land shall have minimum widths at the building
line of one hundred (100) feet in the R-1AAA~ District and seven~y-five (75)
feet on interior lots and ninety-five (95) feet on corner lots in the R-1AA
District. The depth of lot or parcel of land shall be not less than one
hundred ten (llO) feet in the R-1AAA District and one hundred (100) feet in
the R-1AA District.
Minimum
District Min~. Lot~ Area Lot Width ~
R-1AAA, R-1AAAB 12,500 Sq. ft. 100 Feet 1].O feet
R-1AA 9,500 Sq. ft, 75* and 95** 100 feet
*Interior Lots **Corner Lots
Where a lot or parcel of land has an area, width or depth less than
the above and was a lot of record at the time of the adoption of this
ordinance, said lot may be used for a single family dwelling provided
the minimum yard requirements as set forth herein are conformed with.
E o YARD REGULATIONS
1. Front Yard: There shall be a front yard of not less than thirty-
five (35') feet me~sured from the street right of way line to the wall
of m%y building or structure io" the R-1AAA. and R-1AAAB Districts and
thirty (30) feet in the R-1AA District, etc. ~rnere lots comprising forty
(;~0) per cent or more of the frontage on one side of the street between
two intersecting streets are developed with buildings having front yards
greater than thirty-five (35) feet mud thirty (30) feet, respectively
no building shall project beyond the average front yard depths as
established.
(a) On "through" lots vrith frontage on two streets, the required
front yards shall be provided on both streets.
2. Rear Yards: There shall be a rear yard of not less than
twelve (12) feet in the R-1AAA and R-1AAAB Districts and of not lees
than ten (lO) feet in the R-1AA District.
_3. Si~e Yards: There shall be a sido yard on each side of the
principal building in the R-1AAA ~nd R-1AAAB Dis~.¢ts of twleve (12)
feet end in the E-]3k District of ten (10) feet for bul]8~s erected
on interior lots.
(a) On corner lots the side yard shall be at least fifty (50)
per cent of the depths of the front yards of the lots to the rear of
the corner lot and facing the intersecting street.
(b) In the case of reversed frontage, there shall be a side yard
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on the street side of the corner lot of not less than fifty
(50) per cent of the required front yards on the lots in
the rear of such corner lot.
(c) No accessory building on a reversed corner lot shall pro-
ject beb~ond the front yard. line required in the key lot
in the rear and be located not nearer than the setbacks
from the side-y~rd of said key lot as required in the zone.
Where set back lines have been established on any street or
highway for street widening purposes, front and side yards shall be
measured from said set back line or lines.
F. MINIMUM AGGREGATE FLOOR AREAS REQUIRED
The minimum aggregate floor area of a building, exclusive of
terraces a~d unroofed areas, but including 50 per cent of attached
garages, carports, and screened porches shall be 2,200 square feet
in the R-1AAA Distr~ct, 1~800 square feet in the R-1AAAB District
and 1,250 square feet in the R-1AA District. Screen top patios are
considered unroofed areas.
G.OFF STREET PABk~NG ,~QUIRE?~NTS
See Section 11.
H. ACCESSORY BUILDING REQUIREMENTS
1.Accessory buildings shall not be located less than twelve
(12'~ f~et from any side~.and rear property line in the
~' R,1AAA District)and tel.(lO) fe~t in the R.1AA District.
2. Where the accessory building is attached to the principal
building or connected thereby with a breezeway, the side
yard shall be measured from the outer wall thereof.
3. ~o garage or other accessory building shall be erected be-
fore the principal building is under construction to the
point of being fully enclosed.
SECTION ~ R-16 and R-1 SINGLE FAMILY DWELLING DISTRICT
A. USES PERMITTED
Within any R-lA and R-1 Single Family Dwelling District, no
building, structure, land or wate~ shall be used except for one or
more of the following uses:
1.Any use permitted in the R-1AA Single Family Dwelling
Districts.
2. Home occupations as defined in Section 1.
B. CONDITIONAL USES
Same as in the R-iAAA and R-1AA Districts with the follow-
ing addition:
(a) Membership clubs catering exclusively to members and their
guests, lodges and fraternal assembly quarters.
(b) Telephone exchange where no public office or repairs and storage facilities are maintained.
Any review of an application or plan shall consider the char-
acter of the neighborhood in which the proposed use is to be locat-
ed and its effect on the value of surrounding lands, and further,
the area of the site as it relates particularly to {he required
open spaces and off street parking facilities.
C, BUILDING HEIGHT ~EGULATIONS
No building shall exceed thirty-five (35) feet in height ex-
cept as provided in Section 11.
--8--
Each Single Family dwelling shall be located on a lot or parcel of land
having an area of not less than six thousand (6,000) square feet, a frontage
measured at the building line, of sixty (60) feet on interior lots and eighty
(80) feet on corner lots and a depth of at least one hundred (100) feet. In
the R-1 Single Family Dwelling District, every lot or parcel of land shall have
an area of not less than five thousand (5,000) square feet, a frontage measured
at the building line of fifty (50) feet on interior lots and sixty (60) feet on
corner lots and a depth of at least one hundred feet.
District Min. Lot Area Lot Width Lot Depth
R-lA 6,000 Sq. fto 60* feet 100 feet
R-1 5,000 Sq. ft. 50* .f~et 100 feet
*Corner lots in R-lA District shall have frontages of at least 80 feet and
in the R-1 District, of 60 feet.
Where a lot or parcel of land has an area or width less than the above and
was a lot of record at the time of the effective date of this ordinance, said
lot may be used for a single (o~:~) f~mily dwelling provided the minimum side,
front and rear yard requirements as set forth herein are conformed with.
Es YARD REGULATIONS
1. ..FRONT YARD: There shall be a front yard Raving a depth of not less than
twenty-five (25) feet measured from the street right-of-way line to the wall of
the principal building. Where lots comprising forty (40) per cent or more of
the frontage on one side of the street between two intersecting streets is
developed with buildings that have front yards greater than twenty-five (25)
feet, no building shall project beyond the average front line so established.~
(a) On %brough lots~' with frontage on two streets, the required front
yards shall be provided on both streets.
2.~,,.. REAR YARD: There shall be a rear yard of at least seven and one-half (7~)
feet in depth.
3.~.. SI..DE..Y. ARD: There shall be a side yard on each side of the principal building
having a width of not less than seven and one-half (7~') feet. On corner lots
the side yard shall be at least fifty (50%) per cent of the depths of front
yards of the lots to the rear of the corner lot and facing the intersecting
street. In the case of reversed frontage, there shall be a side yard on the
street side of the corner lot of not less than fifty (50) per cent of the
required front yards on the lots in the rear of such corner lot. No accessory
building or a reversed corner lot shall project beyond the front yard line
required in the key lot in the rear and be located not nearer than five (5)
feet from the side line of such key lot.
Where set back lines have been established on streets or highways for the
ptu~poso of future street widening, the front and side yards shall be measured
from said set back lines.
F. MiNIMUM FLOOR AREA REQUIRED
The minimum aggregate floor area of a building, exclusive of terraces and
unroofed areas, but including 50 per cent of attached garages, carports and
screened porches shall be 900 square feet in the R-lA District and 750 square
feet in the R-1 District. Screen top patios are considered unroofed areas.
G. OFF STREET PARKING. REQUIREMENTS
Section IL
H. ACCESSORY BUILDING REQUIREMENTS
1. Accessory buildings shall not be located less than seven and one-half (7~')
feet from any side or rear property line.
-9-
2. Where the accessory building is attached to the principal building or
connected thereby with a breezeway,the side yard shall be measured from the
outer wall thereof.
3. No garage or other accessory building shall be erected before the principal
building is under construction to the point of being fully enclosed.
SECTION 6. Rr2 ON...E..~D TWO .FAMILY D~ELLING DISTRICT
A..~ ,, USES PERMITTED
Within any R-2 One and Two Family Dwelling District no building, structure,
land or water shall be used except for one or more of the following uses:
1. Any use permitted in the R-1 Single Family Dwelling District.
2. Two family (duplex) dwellings.
B. CONDITIONAL USES: Same as in the R-iA and R-1 Single Family District.
Co BUILDING HEIGHT .L..IMIT
No building shall exceed thirty-five (35) feet in height except as provided
in Section 11.
D. BUILDING SITE AREA REQUIRED
Every lot or parcel of land shall have an area of not less than seven
thousand (7,000) square feet for a two family dwelling (duplex) and six thousand
(6,000) square feet for a single f~m~]y dwelling, a frontage of at least sixty
(60) feet at the building line and a depth of at least one hundred (100) feet.
Where a lot or parcel of land has an area or width less than the above and
was a lot of record at the time of the effective date of this ordinance, said
lot may be used for a one or two fsm~ly dwelling provided the minimum side,
front and rear yard requirements as set forth herein are conformed with.
E. YARD REGULATIONS
1. FRONT YARD: There shall be a front yard having a depth of not less than
twenty-five~ ~(25) feet measured from the-street right-of-way line to the wall
of the ~principal building. }'~nere lots comprising forty (~0) per cent or more
of the frontage on one side of the street between two intersecting streets
is developed with buildings that have front yards greater than twenty-five
(25) feet, no building shall project beyond the average front line so established.
2. SIDE AND REAR YARDS' Same as for the R-1 Single Family Dwelling District.
Where set back lines have been established on streets or highways for the
purpose of future street widening the front and side yards shall be measured
from said set back lines.
F. MINIMUM FLOOR AREA REqU!.RED
For single family dwellings, same as for the R-lA District, the _minimum
aggregate floor area of a two family structure shall be 1,300 square feet,exclusive
of terraces, unroofed areas but including 50 per cent of attached garages
and screened porches. Screen top patios are considered unroofed areas.
Go OFF S~EET PARKING REQUIREMENTS
See Section IL
8o ACCESSORY BUILDING REO. UIREMENTS
Same as for the R-1 Single Family Dwelling District.
SECTION 7. R-3 MULTIPLE FAMILY DWELLING DISTRICT
Ao USES PERMITTED
Within any R-3 Multiple Family Dwelling District, no building, structure,
-10-
land or water shall be used except for one or more of the following uses:
1. Any use permitted .~n the R-2 One and Two Family District.
2.Multiple FmL~-i~'D~llings, three or more families.
Guest Ho~ses
Hotels and apartment hQtels~
B. CO~.ITI0~L.. USES
1o Same as for the R--1AAA and R-1AA Districts with the following
addit ions.
2~ Olubs for fraternal, recreation, athletic or social purposes~
maintained by membership organizations in which lodging and
meals may be served to members or their guests.
3. Nursing or convalescent homes, hospitals and clinics.
~_~uy review of an application or plan shall consider the character of the
neighborhood in which the proposed use is to be located and its effect on the
value of the surrounding lands and further, the area of the site as it relates
particularly to the required open spaces and off street parking facilities.
Co BUILDING HEIGHT REGULATIONS
No building or structure shall exceed three (3) stories or forty-five
(~5) feet in height at the required front, side and rear yard lines, but,above
the height permitted at said yard .lines, one (1) foot may be added to the
height of the building for each one (1) foot that the building is set back from
the required yard lines provided, however, that in no instance shall the
building exceed a height of one hundred (100) feet.
Do COVERAGE
No hotels, apartments or other structures in the R-3 Multiple Family
Dwelling District shall occupy more than sixty (60) per cent of the lot area.
Eo BUILDING SITE AREA REQUI~D
Every building hereafter erected or structurally altered shall provide
a lot area per family of not less than the following for:
One family dwelling structure 6,000 square feet
Two family dwelling structure 3,500 square feet
Three family dwelling structure 2,500 square feet
Four family dwelling structure 2,000 square feet
Five family to eight fami]~ structure 1,600 square feet
Nine family to twelve family dwelling 1,500 square feet
For each unit in excess of twelve 1,O00 square feet
The lot width for a one or two family dwelling shall be not less than
sixty (60) feet measured at the building line.
Where a lot or parcel of ls_nd has an area or width less than the above
and was a lot of record at the time of the effective date of this ordinance,
said lot may be used for a one and two family dwelling provided the ~nimum
side, front and rear yard requirements as set forth herein are conformed with.
E. YARD REGULATIONS
1. FRONT YARD: For residential dwellings there shall be a front yard having
a depth of not less than twenty-five (25) feet measured from the street right-
of-way or property line to the wall of the principal building. Where lots
comprising forty (40) per cent or more of the frontage on one side of the
street between two intersecting' streets is developed with buildings that have
front yards greater than twenty-five (25) feet, no building shall project
beyond the average front yard so established.
2. SIDE YARD: There shall be a side yard on each side of the structure having
more than two dwelling units of not less than ten (lC) feet. On corner lots
-ll-
a side yard of not less than twenty-five (25) feet from the property line of
the intersecting st~-eet shall be provided.
3. REAR YARD: There shall be a rear yard of at least ten (10) feet.
~here set bacx lin~s have been established on streets or highways for
the purpose of future street widening the front and side yards shall be
measured from said set back lines.
F. MI~iMU14 w~
.: ,,~.~ .~E^ REQUIRED
The minimum aggregate floor area for one and two f~m~ ly dwellings shall
be the same as for the R-2 One and Two Family Dwelling District.
Go P~.RKING REQU~..,~'~TS
See Section ~ ~ .
Ho ACCESSORY BUILDING REQUIREMENTS
1. For all structures the following requirements shall be observed:
(a) Accessory buildings shall not be located less than ten (10)
feet from any side or rear property line.
(b) Where the accessory building is attached to the principal
building or connected therewith by a breezeway, the side yard
shall be measured from the outer wall thereof.
(c) No garage or other accessory building shall be erected before
the principal building is under construction to the point of being
fully enclosed.
SECTION S. C-1 LIMITED CO~fl~IEP~C!AI~, D,I, STR~I, CT
A o USES PERMITTED
Within any C-1 Limited Commercial District no building, structure or
land shall be used and no building shall be erected, structurally altered or
enlarged, unless other~se permitted by these regulations, except for one or
more of the following uses:
1. Any use permitted in the R-3 Multiple Family Dwelling District.
2. Any retail business or cammercial use in which there .is no processing
or treatment of materials, goods or products except as provided for,
including:
(a) Appliance stores including radio and television service.
(b) Art, antique or gift shop.
(c) Bakery, where products made on the premises only are sold at retail.
(d) Bank, drive-in bank.
(e) Book, news, stationery, photographic supply store.
(f) Bicycle sales and repair.
(g) Barber~ shop, beauty shop, chiropodist, masseur.
(h) Cafe, restaurant, tea room.
(i) Wearing apparel, furnishings for men, women and children, including
shoes, furriers, modiste, millinery.
(j) Drug, confectionary, ice cream, sundries and variety stores.
(k) Florist shop
(1) Furniture, home furnishings, interior decorator including office
furniture, supplies and equipment
(m) Fruit store, delicatassen and caterer.
(n) Hardware, sporting goods ~and luggage store.
(o) Jewelry store.
(o) Laundry and dry cleaning pick up stations.
(q) Music store.
(r) Office, real estate, brokerage and professional.
(s) Photographice studio.
(t) Shoe repair shop.
3. Parking lot or storage garage for parking purposes. -12 -
Private schools.
B. CONDITIONS OF OPERATI(~.
1. All businesses and servicing shall be conducted wholly within a
completely enclosed building, except for off-street loading, automobile parking.
2. Any building used primarily for any of the above enumerated purposes
may have not more than twenty-five (25) per cent of the floor area devoted
to storage purposes incidental to the primary use.
Co BUILDING HEIGHT LIMI. T
No building or structure shall exceed one hundred (100) feet in height.
D. BUILDING SITE AREA REQUIRED
No minimum requirements, except for one, two and multiple f~m~ly
dwellings, the minimum area requirements of the R-3 Multiple Family Dwelling
District shall be observed.
E. YARD-REGULATIONS
1. FRONT YARD: (Set back). All commercial buildings shall be set back
ten (lC) feet from lot line except as.' provided in Section 12. Dwelling
structures in C-1 shall observe Set backs set forth in R-3.
2. SIDE YARD: No side yard required; provided, however, that the side
walls of all commercial buildings at intersecting streets shall be set back
at least ten (lO) feet from the side property (lOt) line. Dwelling structures
erected in this District shall observe the side yard requirements of the R-2
Multiple Family Dwelling District, u.uless otherwise provided for.
3. REAR Y~RD: All co~erc?-i buildings shall have a rear yard of ten (10)
feet unless otherwise provided for in Section 12.
A. Apartments, hotels, or dwellings built over commercial buildings
shall observe the set backs required for commercial buildings.
Fo MINIVER4 FLOOR AREA REQUi~ED
For dwelling structures erected in the C-1 L~mited Commercial District
the minimum first floor area provisions for the R-2 One and Two Fem~ly
Dwelling District shall be observed.
PARKING AND LOADING .~R~QU.IB. EMENT~
See Section ll.
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SECTION . 9. C-2 GENERAL COMMERCIAL DISTRICT
A. USES PERMITT~ D~
Within a C-2 General Commercial District, no building, structure or land
shall be used, un]ess otherwise permitted by these regulations, except for
one or more of the following uses:
1. Any use permitted in the C-1 Limited Commercial District.
2. All uses of a predominantly retail and service nature.
3. Automobile sales rooms with customary service department.
~. Automobile repair and servicing garage.
5. Bakeries, retail and wholesale.
6. Boarding, rooming house.
7. Bowling alleys, pool and billiard halls, skating rinks and similar
establishments.
8. Bus terminals.
9. Business and vocational schools.
lC. Commercial green houses.
ll. Contractors sales rooms and offices.
12. Drive-in restaurants and refreshment stands.
13 · Filling station.
l&. Grocery; meat market.
15. Laundry, self-service (laundromat)
16. Mortician, funeral chapel.
17. Motels.
18. Public garage.
19. Printing and publishing establishments, book binding.
20. Photostat and blue printing, lithography.
21. Retail feed and seed stores.
22. Retail farm implement and tool stores.
23. Telephone office~
2&. Seco~_~d hand car lot.
25. Tailor shop.
26. Theatres and motion picture houses.
27. Upholstering.
28. Valet service.
29. Warehouses as noted in Section ]2.
30. Walled storage a~. note(" in Section
31. Car rental agencies.
32. Other business of a nature similar to and inclduing the above but
are not the source of objectionable odors, noises, fumes, smoke, gases
or vibrations.
B. BUILDING SITE AREA° YARD REGULATIONS, MINIMUM FLOOR AREA .REQUI~_ED
For dwelling structures, same as for C-1 Limited Commercial District,
except as provided in Section /2.
C. PARKING REQUIREMENTS
See Section 11.
SECTION 10. C-B WHOLESALE DISTRIBUTION ;J~D LIGHT INDUSTRIAL DISTRICT
A. USES PERMITTED
Within any C-3 Wholesale Distribution and Light Industrial District
no building, structure or land shall be used and no building shall be
erected, altered or enlarged, unless otherwise permitted by these regulations
except for one or more of the following uses:
1. Any use permitted in the C-2 General Commercial District, except no
dwelling structures will be permitted.
2. Any business or establishment of a general retail, wholesale or
service type.
3. Concrete block manufacture and cement products.
&. Contractors storage and equipment yard or building.
5. Fertilizer sales.
6. Ice manufacturing plant.
7. Laundry, dyeing and dry cleaning establishments employing more than
twenty (20) operators.
8. Lumber, building supplies, millwork sales and storage.
9. Storage warehouse.
1OD Trade shops including those of tin smith, cabinet maker, sheet metal,
roofing repair.
ll. Truck terminals and storage facilities.
~ 12. Railroad depot, express office, freight storage.
13. Any light industrial or manufacturing plant the operations of which
are .not productive of odors, dust, smoke, fumes, noise or vibration.
l&. Wholesale storage of gasoline, gas or other explosive liquids, gases,
or powders, subject to approved controls.
B. uses_
1. Cement, lime or plaster of paris manufacture.
2. Acid manufacture.
3. Distillation of bones.
Fat, tallow or lard rendering.
5.Fertilizer manufacture.
6.Glue, size or gelatine manufacture.
7.Hair factory.
8.Potash manufacture.
9.Reduction of garbage, offal, dead animals or refuse.
10.Tannery.
ll. Slaughter house or stock yard.
C. BUILDING SITE ,,AJ~EA~ Y~/{D REGULA~TIQNS
All structures erected in the C-3 Wholeslae Distribution and Light
Industrial District shall observe a minimum front set back of ten (10) feet,
and a rear set back of ten (lO) feet.
D,~. , P-~3iK EO,, .REO. U IREMENTS
See Section 11.
SECTION 1 ]., PARKING AND LOADING REQUIREMENTS
1. For the purposes of this ordinance, the term "off street parking space'~
shall consist of a minimum net area of two hundred (200) square feet of
appropriate dimensions for the parking of an automobile, exclusive of access
drives or aisles thereto.
\ (a) In the R-3, C-l, C-2, and C-3 Districts all parking spaces, access
drives and loading zones shall be hard surfaced and dust proof.
2. There shall be provided at the time of the ~ection of any main building
or structure or at the time any main building or structure is altered, en-
larged or increased in capacity by adding dwelling units, guest rooms, floor
area or seats, minimum off street automobile parking spaces with adequate
provisions for ingress and egress by an automobile of standard size, in
accordance with the following requirements:
(a) Dwelling structures, one (1) space for each dwelling unit
except in the R-1AAA Single Fsmily Dwelling District, which will
require two (2) parking spaces for each dwelling structure.
(b) Churches, temples or places of worship - One (1) space for each
eight (8) seats in the main auditorium.
(c) Country, golf, gun clubs - One (!) space for each five (5) members.
(d) General business, commercial or personal service establis~bments - One
space for each one hundred (100) square feet of non-storage first floor
area plus one (1) space for each two hundred (200) square feet of non-
storage area ~bove the first floor.
(e) Hotels - Three (3) spaces for each four (~) bedrooms.
(f) Apartment hotels, multiple dwellings (apartment houses), efficiency
apartments - One (1) space for each dwelling unit.
(g) Hospitals, sanitariums - One (1) space for each six (6) patient beds,
exclusive of spaces required for doctors, attendants, nurses and
ambulances.
(h) Kennels and animal hospitals - A parking area equal to thirty (30) per
cent of the total enclosed or covered area.
(i) Libraries, museums - A parking area equal to fifty (50) per cent of the
floor area open to the public.
(j) Medical or dental offices or clinics - Three (3) spaces for each doctor
or dentist and one (1) space for each nurse or attendant.
(k) Motels - One (1) space for each sleeping room.
(1) Nursing or convalescent homes - One (1) space for each eight (8) beds.
(m) Office buildings - One (1) space for each five hundred (500) feet of
gross floor area within the building.
(n) Private club or lodge - One (1) space for every ten (lO) members.
(o) Restaurants or other eating places - One (1) space for each four (&)
seats.
(p) Rooming, boarding houses - One (l~ space for each sleeping room.
(q) Schools and public buildings - One (1) space for every ten seats in
the main auditorium or place of assembly.
(r) Theatres, auditoriums - One (1) space for each five (5) seats.
(s) Commercial, manufacturing and industrial concerns not catering to the
retail trade - One (1) space for each four hundred (~00) square feet
of gross floor space.
.&TLANTIC AVENUE EXCEPTION
The properties included within the C-1 ., . Commercial District fronting
on Atlantic Avenue are excluded from the off-street parking requirements herein
defined.
3 · Location.
(a) Parking spaces for all dwellings shall be located on the same lot with
the main building to be erected.
(b) Parking spaces for other uses shall be provided on the same lot or not
more than three hundred (300) feet distant, as measured along the
nearest pedestrian walkway.
(c) Parking requirements for two or more uses, of the same or different
types, may be satisfied by the allocation of the required number of
spaces of each use in a common parking facility, provided that the
total number of spaces is not less than the sum of the individual re-
quirements and that the requiremon~ of .location are complied with.
(d) Parking spaces serv-~,g commercial uses must be located in the same or
lower zone as ene principal use.
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4. Off Street Loaddng Regulations. The following loading spaces
shal['[b8 ~rovided' fo~ the us~'s indicated:
(a) Every hospital~ institution~ hotel~ commercial or industrial
building of similar use having a floor area in excess of
20~000 square feet requiring the receipt or distribution
by vehicle of materials and merchandise shall have at least
one permanently maintained off street loading space for
each 20~000 square feet of gross floor area or fraction
thereof.
(b) Wholesale operations and industrial operations with a gross
floor area of less than 20,000 square feet shall provide
sufficient space (not necessarily a full berth) so as not
to hinder the free movement of vehicles and pedestrians
over a sidewalk~ street or alley.
(c) Each sp ace shall have direct access to an alley or street
and shall have the following minimum dimensions: length~
twenty-five (25) feet; width, twelve (12) feet~ height,
fourteen (14) feet.
SECTION 12. GENERAL PROVISIONS AND EXCEPTIONS
The foregoing regulations shall be subject to the following pro-
visions and exceptions:
1. Chimneys~ water~ fire~ radio~ television towers~ church spires,
domes, cupolas~ stage towers and scenery lofts~ cooling towers~
elevator bulkheads, smoke stacks~ flag poles~ parapet walls, and
similar structures and their necessary mechanical appurtenances may
be erected above the height limits herein established after a use
permit therefore has been approved by the Planning Board.
2. On double frontage lots~ the required front yard shall be pro-
vided on each street.
3. Each residential building shall be located on a lot or parcel
of land which provides frontage on a public street.
4. Temporary buildings used in conjunction with construction work
only may be permitted in any district.
~. Where a district boundary line divides a lot~ parcel~ or tract
of land~ the use classification of the larger portion may be ex-
tended to the remainder by the Planning Board without recourse to
amendment procedure.
6. Along Ocean Boulevard (State Road A-i-A) setback of twenty-five
(25) feet shall be observed from the so-called "Brockway Line".
7. (a) Setback lines shall be established on both sides of West
Atlantic Avenue seventy-five (75) feet from the center
line thereof~ from West Eighth Avenue to the city limits~
and no structures shall be erected~ altered~ or recon-
structed within the area between such setback lines.
(b) Set back lines shall be established on both sides of West
Atlantic Avenue fifty-three (5~) feet from the center line
thereof~ from Swinton Avenue to West Eighth Avenue~ and no
structures shall be erected~ altered or reconstructed with-
in the area between such setback lines.
(c) Within the business district along Atlantic Avenue~ east
from U.S. Highway No. 1 to Highway A-1-A~ a~l commercial
buildings~shall be set back forty-three ~4~) feet from
the center line of said Atlantic Avenue~ and no structures
shall be erected~ altered or reconstructed within the area
between such setback lines.
(d) Ail commercial buildings hereafter erected upon properties
located in "C-i" Limited Commercial District~ and in "C-2"
General Commercial District~ and in "C-3" Wholesale Dis-
tribution and Light Industrial District~ which properties
are bounded on the rear by an alley~ shall be set back a
distance of ten (10) feet from the centerline of such alley,
and no structure shall be erected, altered or reconstructed
within such areas located within ten (lO) feet of the cen~
terline of such alley.
8. Along the Federal Highway (U.S. 1) the following setback pro-
visions shall be-.co~formdd to:
(a) Along East Fifth Avenue and along East Sixth Avenue,
with the corporate limits of the city, a setback distance for the
construction and erection of buildings and improvements be and the
same is hereby fixed at a distance of forty (~) feet east and west
of the respective centerlines of said thoroughfares, as the same
are now located and established. This setback line shall hereinafter
be referred to as the "building setback line".
(b) For the purposes of this section, the "street line"
or "property line" is deemed as being fixed and established at a
distance of 'thirty (35) feet east and west ofthe respective cen-
terlines of said Fifth Avenue and Sixth Avenue in the city.
(c) No obstruction of any kind or nature, whether tempor-
ary or permanent, artificial or natural, transitory or otherwise
shall be permitted within the area between the street line, as lo-o
cated thirty (30) feet from the centerline of said thoroughfares
and the building setback line, as herein established forty (40) feet
from the centerline of said thoroughfares except that canopies and
marquees.will be permitted to be placed ove~· this l0 foot strip.
Shrubbery may also be planted in this lO foot strip, but shall not
exceed 3 feet in height.
(d) In clarification of this section and not by way of
limitation, it is intended there shall be no parking of vehicles
within said l0 foot strip at any time, no fuel pumps, no merchan-
dise for sale or display (including all types of vehicles), and no
signs of any kind.
(e) To accomplish ingress and egress to properties locat-
ed along said Fifth and Sixth Avenues, turn-outs shall be permitted
of a maximum width of thirty (30) feet, measured along the curb
line; but no more than two such turn outs per hundred feet of street
frontage shall be allowed. No drop curb shall be permitted within
six (6) feet of any other turn-out, property line, or around any
corner within the extension of property lines at any intersection
of two streets or avenues.
(f) Residences, tourist courts, motels and hotels shall
be governed by the setbacks established in their respective zones
now provided for in this chapter, except that no setback shall be
less than herein provi8ed for.
(g) The Building Inspector is hereby designated and au-
thorized to enforce this section and he shall in no case grant any
permit for the construction or alteration of any building or grant
any certificate of occupancy in respect to any building where the
proposed construction, alteration or use thereof would be in viol-
ation of the provisions hereof. Any person, firm or corporation vio-
lating any of the provisions of this section, upon conviction there-
of, shall be punished as provided in Section 1-6 of the Eelray Beach
Code.
9. In the R-iAAA, R-1AA, and R-lA Single Family Dwelling Districts
the maximum allowable ground coverage shall be thirty-five (3~) per
cent, thirty (30) per cent, and twenty-five (25) per cent, respec-
tively.
10. In hotels and apartment hotels erected in the R-3 Multiple
Family Dwelling District, any business located or operated therein
shall ohly have entrances from the interior lobby or vestibule.
Such businesses shall have no entrances directly into the street
nor shall they have any lights, signs or displays on the exterior
walls.
Il. Hotels, apartments or other structures may be erected~.to a
height not exceeding one hundred (100) feet on ocean front lots in
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the R-3 Multi. pie Family Dwelling District, provided, however, that
the main outside walls of said building in excess of seventy-five
(75) feet shall be set back on all sides, except the front, toward
the center of the building in a ratio of one foot to each foot of
height in excess of fifty (50) feet.
12. In the C-2 General Commercial District, within one hundred (100)
feet of the Florida East Coast Railway right-of-way between North
Fourth Street and South Fourth Street the following uses will be
permitted:
(a) Warehouses.
(b) Trade shops but no more than five (5) craftsmen or mechan-
ics on the premises.
(c) Walled storage of 2,500 square feet, minimum area, with
eight (8) feet solid walls surrounding it. Access openings
shall be fitted with solid gates.
SECTION 1~.. NON-CQN~QRM.~NG USES
The lawful use of a "building" existing at the time of the
passage of this ordinance shall not be affected by this ordinance,
although such use does not conform to the provision of this ordin-
ance; and such use may be extended throughout the building, provid-
ed no structural alterations, except those required by law or ordin-
ance, or ordered by an authorized officer to secure the safety of
the building, are made therein but no such use shall be extended to
occupy any land outside such building. If such non-conforming build-
ing is removed or the non-conforming use of such building is dis-
continued for a continuous period of not less than one hundred and
eighty (180) days, every future use of such premisis shall be in
conformity with the provisions of this ordinance.
The lawful use of "land" existing at the time of the passage
of this ordinance: although such use does not conform to the provi-
sions of this ordinance, shall not be affected by this ordinance;
provided, however that no such non-conforming use shall be enlarged
or encreased nor shall any non-conforming use be extended to occupy
a greater area of land than that occupied by such use at the time
of the passage of this ordinance. If such non- conforming use is dis-
continued for a continuous period of not less than one hundred (100)
days, any future use of said land shall be in conformity with the
provisions of the ordinance. Provided, however, that where "land"
which is now used for a use excluded from the district in which such
"land" is located and such use is not an accessory to the use of a
main building located on the same lot or grounds such non-conform-
ing use of "land" shall be discontinued and all material completely
removed by its owner not later than one (1) year from the date of
the passage of this ordinance.
If no structural alterations are made, a non-conforming use
may be changed to a use of the same or higher classification accord-
ing to the provisdons of this ordinance. When a district shall here-
after be changed, any then existing non-conforming use in such chang-
ed district may be continued or changed to a use of a similar or
higher classification; proviSed all other regulations governing the
new use are complied with. Whenever a non-conforming use of a build-
lng has been discontinued or changed to a higher classification or
to a conforming use, such use shall not thereafter be changed to a
non-conforming use of a lower classification.
Nothing in this ordinance shall be taken to prevent the restor-
ation of a building destroyed to the extent of not more than one
hundred (100) per cent of its assessed value by fire; explosion or
other casualty, or act of God, or the public enemy, nor the contin-
ued occupancy or use of such building or part thereof which exist-
ed at the time of such partial destruction.
SECTION 14... APPLIC~TIONS FOR REZONING
Where any application for rezoning has been denied in a given
year, one year must elapse before another application for the re-
zoning of said lot or lots can be made.
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SECTIO~I 15 INrE~.~.':,_ET,.LTIOI',!,_pURPOSE AND CQNFLICT
In interpreting and apDlying ~he provisions of ~his ordinance,
~hey shall be held ~o be ~he ~inim~ requirements for the promotion
of ~he p~lic heal,h, safe%y, morals and qeneral welfare of ~he com-
munity. I~ is no~ intended by this ordinance ~o in~er~ere wi~h or
abro~te or annul any easements, covenants or other a~reemen~s be-
tween par~ies; provided, however, ~ha~ where ~his ordinance imposes
a greater restriction upon ~he use of buildings or premises, or upon
the heiqh~ of buildings, or requires larger open s~oes ~han are im-
posed or required by other ordinances, rules, re.la,ions or by ease-
men~s, covenants, or agreements, ~ke provisions of ~his ordinance
shall con~rol. If because of error or o~ission in ~he Zoning ~ap,
any property in %he City of Delray Beach, Florida, is no~ shown as
being in a Zoning District, %he classification of such proper~y shall
be R-i~ Sinqle Family, unless ohanqed by amen~en~ ~o the Zoninq
Ordinance.
SECTION ,,1~. C~NG~ AND A~ND~IENTS
The City Co~ission may from time ~o ~ime, on its own mo~ion
or on pe~i~ion, amend, supplement, chanqe, modify or repeal by or-
dinance ~he boundaries or districts or re.la,ions or restrictions
herein established after p~lic hearing.
SECTION 17. ENFORCE~NT. VIOLATIONS AND PENALTIES
The Buildinq Inspector is here~ designated and au~horized to
enforce ~his ordinance.
Any Derson, ~irm or corpora%ion who violates, disobeys, omits,
neglects or ref~es ~o oomply wi~h or who resists ~he enforoemen~
of any of ~he provisions of ~his ordinance shall be fined twenty-
five (~5) dollars. Each day a violation exists shall constitute a
separate offense.
SEQTION_ 18. VALIDI~
Should any section, clause or provision of ~his ordinance be
declared by ~he cour~ ~o be invalid, ~he same shall no~ affect ~he
validity of the ordinance as a whole or any ~r~ ~hereof, o~her ~han
~he part so declared ~o be invalid.
All ordinances or ~rts of ordinances in conflic~ herewith or
inconsis~en~ wi~h ~he provisions of ~his ordinan~are hereby repeal-
ed.
19~Passed and Adopted this ~he~ day o~~
//
ATTEST:
C -TY CLERr - '
1st Reading, .. - ......
2nd Reading _ "~'~'" ' .~
Passed and Adopted_ ' _ ..... ~
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