16-87 ORDINANCE NO. 16-87
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY
BEACH, FLORIDA, AMENDING CHAPTER 30, "ZONING", OF THE
CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA,
BY ENACTING A NEW SECTION 30-5.1 "ART AGRICULTURAL
RESIDENTIAL TRANSITIONAL DISTRICT", WHICH PROVIDES (A)
"PURPOSE"; (B) "PE~4ITTED USES"; (C) "CONDITIONAL USES";
(D) "LOT DIMENSIONS AND SITE AREA"; (E) "AGGREGATE FLOOR
AREA REQUIREMENTS"; (F) "BUILDING SETBACKS"; (G)
"BUILDING HEIGHT"; (H) "PARKING AND LOADING REGULATIONS";
(I) "WALLS AND FENCES"; (J) "LANDSCAPING"; (K) "SIGNS";
(L) "PARK AND RECREATION LAND DEDICATION"; PROVIDING A
GENERAL REPEALER CLAUSE; PROVIDING A SAVING CLAUSE;
PROVIDING AN EFFECTIVE DATE.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Chapter 30, "Zoning", of the Code of
Ordinances of the City of Delray Beach, Florida, is hereby amended by
enacting a new Section 30-5.1 ART (Agricultural Residential
Transitional) District to read as follows:
Section 30-5.1 ART AGRICULTURAL RESIDENTIAL TRANSITIONAL DISTRICT
(A) PURPOSE
The ART zoning district is intended to provide a means to allow
existing agricultural uses in County enclaves to lawfully
continue as permitted uses when annexed into the City of Delray
Beach, to allow such uses to become other permitted
agricultural uses, and to allow such uses to ultimately develop
into low density single family housing, compatible with both
agricultural and residential land uses. This district shall
only be used where agricultural land uses are already present,
in proximity to residential areas and residential streets.
(B) PERMITTED USES
(1) Agricultural uses, including barns, chicken coops,
croplands, dairies, drying sheds, farmhouses, farmers
markets directly associated with other agricultural
uses, gardens, greenhouses, grazing lands, migrant
worker housing associated directly with other
agricultural uses, nurseries, orchards and fruit
groves, stables, and other uses customarily
incidental to agricultural land use.
(2) Farm animals, including cattle, fowl, goats, horses,
ponies, sheep, and other animals customarily located
in agricultural areas.
(3) Single family dwellings and uses customarily
incidental to single family dwellings, including bird
aviaries, boat docks, dog houses and dog runs,
garages, greenhouses, a guest cottage, playhouses,
pool houses and covers, pump houses, slat houses,
stables for private use only, storage sheds, swimming
pools, tennis courts, tool sheds, workshops, and
similar incidental facilities.
(4) Home occupations, subject to Section 30-17(L).
(5) Riding academy.
(6) Boarding stables, horse ranch.
(C) CONDITIONAL USES
As prescribed in Section 30-21 and after review of the
application and plans appurtenant thereto, and hearing thereon,
the Planning and Zoning Board finds as fact that the proposed
use or uses are consistent with good zoning practice, not
contrary to the Master Plan, and not detrimental to the
promotion of public appearance, comfort, convenience, general
welfare, good order, health, prosperity, and safety of the
City, the following uses may be recommended to the City Council
as Conditional Uses:
(1) Churches or places of worship and their attendant
educational, child care, recreational, and
columbarium facilities.
(2) Community center facilities when operated by a
residential homeowners association.
(3) Day care centers, kindergartens, nursery schools, and
other preschool facilities.
(4) Elementary schools
(5) Golf courses and their attendant accessory uses.
(6) Swimming clubs and their attendant accessory uses.
(7) Tennis clubs and their attendant accessory uses.
(8) Public utilities in a completely enclosed building.
(D) LOT DIMENSIONS AND SITE AREA
(1) Single family dwelling with private well and septic
tank on lots legally described in sealed surveys or
deeds prior to 1972, or lots of record prior to 1972.
Area No minimum requirement
Width No minimum requirement
Depth No minimum requirement
(2) Single family dwelling with private well and septic
tank on lots legally described in sealed surveys or
deeds after 1972, or lots of record after 1972.
Area 1 acre
Width 150 feet minimum
Depth 200 feet
Frontage 150 feet
(3) Single family dwelling with public water and septic
tank.
Area 1/2 acre
Width 100 feet minimum
Depth 150 feet
Frontage 100 feet
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(4) Single family dwelling with public water and public
sewer.
Area 15,000 square feet
Width 100 feet minimum
Depth 150 feet
Frontage 100 feet
(5) Non-residential structure
Area 1 acre
Width 150 feet minimum
Depth 200 feet
Frontage 150 feet
(E) AGGREGATE FLOOR AREA REQUIREMENTS
Minimum floor area for single family dwellings, exclusive
of terrace and unroofed areas, including fifty (50)
percent of attached carports, garages, and screened
patios, shall be 1,500 square feet.
No minimum requirements for nonresidential uses.
(F) BUILDING SETBACKS
Side Side
Front (Interior) Street Rear
Single Family Dwelling 35 ft. 15 ft. 25 ft. 25 ft.
Non residential structure 40 ft. 10 ft. 25 ft. 10 ft.
(G) BUILDING HEIGHT
No residential building or structure shall be constructed
to a height exceeding thirty-five (35) feet. Non
residential buildings may be constructed to a height of
for~y~.five (45) feet, provided, however, that where it is
demonstrated that the nature of the non-residential uses
requires greater than normal space between floors, the
building or structure may be constructed to a greater
height, when approved as a conditional use (Section
30-21). Maximum height shall not exceed sixty feet.
(H) PARKING AND LOADING REGULATIONS
See Section 30-18 and Section 30-19.
(I) WALLS AND FENCES
See Section 30-17(I).
(J) LANDSCAPING
See Chapter 9, Art. X.
(K) SIGNS
See Chapter 9, Art. VIII.
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(L) PARK AND RECREATION LAND DEDICATION
See Section 30-17(U) and Chapter 24, Article III, Section
24-36.
Section 2. That all ordinances or parts of ordinances in
conflict herewith be and the same are hereby repealed.
Section 3. That should any section or provision of this
ordinance or any portion thereof, any paragraph, sentence, or word be
declared by a Court of competent jurisdiction to be invalid, such
decision shall not affect the validity of the remainder hereof as a
whole or part thereof other than the part declared to be invalid.
Section 4. That this ordinance shall become effective ten days
after passage on second and final reading.
PASSED AND ADOPTED in regular session on second and final
reading on this the 24th day of February , 1987.
MAYOR
ATTEST:
First Reading February 10, 1987
Second ReadingFebruary 24, 1987
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