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29-87 ORDINANCE NO. 29-87 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 AMENDING SECTION 30-11, "GC GENERAL COMMERCIAL DISTRICT", SUB- SECTION (B), "PERMITTED USES", BY DELETING SUB- SUBSECTION (11); BY AMENDING SECTION 30-12, "SC SPECIALIZED COMMERCIAL DISTRICT", SUBSECTION (B), "PERMITTED USES", BY DELETING SUB-SUB- SECTION (11); BY AMENDING SECTION 30-13, "CBD CENTRAL BUSINESS DISTRICT", SUBSECTION (B), "PERMITTED USES", BY DELETING SUB-SUBSECTION (11); BY AMENDING SECTION 30-13.1, "LC LIMITED COMMERCIAL DISTRICT", SUBSECTION (B), "PERMIT- TED USES", BY DELETING SUB-SUBSECTION (8), TO ELIMINATE BOARDING AND ROOMING HOUSES AS PERMITTED USES IN EACH OF THE ABOVE COMMERCIAL DISTRICTS; BY AMENDING SECTION 30-11, "GC GENERAL COMMERCIAL DISTRICT", SUBSECTION (C), "CONDITIONAL USES", BY DELETING SUB-SUBSECTION (16); BY AMENDING SECTION 30-12, "SC SPECIALIZED COMMERCIAL DISTRICT", SUBSECTION (C), "CONDI- TIONAL USES", BY DELETING SUB-SUBSECTION (22); BY AMENDING SECTION 30-13, "CBD CENTRAL BUSINESS DISTRICT", SUBSECTION (C), "CONDITIONAL USES", BY DELETING SUB-SUBSECT!~; (12); BY AMENDING SECTION 30-13.1, "LC LIMIT" ~OMMERCIAL DISTRICT", SUBSECTION (C), "COND! ~"~AL USES", TO DELETE SUB-SUBSECTION (9), ELIMINATE MULTIPLE FAMILY PROJECTS AND THF ~TTENDANT RECREATIONAL FACILITIES AS CONDI~f ~L USES IN THE GC, SC, CBD AND LC ZONING ~RICTS; BY AMENDING SECTION 30-11, "GC GENERAL COMMERCIAL DISTRICT", SUBSECTION (B), "PERMITTED USES", SUB-SUBSECTION (75); BY AMENDING SECTION 30-12, "SC SPECIALIZED COMMERCIAL DISTRICT", SUB- SECTION (B), "PERMITTED USES", SUB-SUBSECTION (79); BY AMENDING SECTION 30-13.1, "LC LIMITED COMMERCIAL DISTRICT", SUBSECTION (B), "PER- MITTED USES", SUB-SUBSECTION (49), TO ELIMINATE THE RE(~UIREMENT THAT SINGLE FAMILY RESIDENCES BE OCCUPIED BY THE OWNERS OF THE BUSINESS FOR THE GC, SC AND LC ZONING DISTRICTS; BY AMENDING SECTION 30-13, "CBD CENTRAL BUSINESS DISTRICT", SUBSECTION (B), "PERMITTED USES", BY ADDING A NEW S~JB-SUBSECTION (81), PERMITTING MULTIPLE FAMILY PROJECTS OR DWELLING UNITS AND SETTING FORTH LIMITATIONS THEREON; BY AMENDING SECTION 30-11, "GC GENERAL COMMERCIAL DISTRICT", SUB- SECTION (B), "PERMITTED USES", BY ADDING A NEW SUB-SUBSECTION (85); BY AMENDING SECTION 30-12, "SC SPECIALIZED COMMERCIAL DISTRICT", SUB- SECTION (B), "PERMITTED USES", BY ADDING A NEW SUB-SUBSECTION (89); BY AMENDING SECTION 30-13.1, "LC LIMITED COMMERCIAL DISTRICT", SUBSECTION (B), "PERMITTED USES", BY ADDING A NEW SUB-SUB- SECTION (58), PERMITTING MULTIPLE FAMILY PROJECTS OR DWELLING UNITS IN CONJUNCTION WITH COMMERCIAL PURPOSES CONSISTENT WITH THE ZONING DISTRICT AND SETTING FORTH LIMITATIONS THEREON; BY AMENDING SECTION 30-11, "GC GENERAL COMMERCIAL DISTRICT", SUBSECTION (C), "CONDI- TIONAL USES", BY ADDING A NEW SUB-SUBSECTION (25); BY AMENDING SECTION 30-12, "SC SPECIALIZED COMMERCIAL DISTRICT", SUBSECTION (C), "CONDI- TIONAL USES", BY ADDING A NEW SUB-SUBSECTION (35); BY AMENDING SECTION 30-13, "CBD CENTRAL BUSINESS DISTRICT", SUBSECTION (C), "CONDITIONAL USES", BY ADDING A NEW SUB-SUBSECTION (19); BY AMENDING SECTION 30-13.1, "LC LIMITED COMMERCIAL DISTRICT", SUBSECTION (C), "CONDITIONAL USES", BY ADDING A NEW SUB-SUBSECTION (13), PERMITTING MULTIPLE FAMILY PROJECTS OR DWELLING UNITS AS CONDITIONAL USES IN THE GC, SC, CBD AND LC ZONING DISTRICTS AND SETTING FORTH LIMITATIONS THEREON; 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 Section 30-11, "GC General Commercial District", Subsection~ermitted Uses", of the Code of Ordinances of the City of Delray Beach, Florida, is hereby amended by deleting Sub-subsection (11), "Boarding and rooming houses". Section 2. That Section 30-12, "SC Specialized Commercial District", Subsection (B), "Permitted Uses", of the Code of Ordinances of the City of Delray Beach, Florida, is hereby amended by deleting Sub-subsection (11), "Boarding and rooming houses". Section 3. That Section 30-13, "CBD Central Business District", Subsection (B), "Permitted Uses", of the Code of Ordinances of the City of Delray Beach, Florida, is hereby amended by deleting Sub-subsection (11), "Boarding and rooming houses". Section 4. That Section 30-13.1, "LC Limited Commercial District", Subsection--'(~J~;--~ermitted Uses", of the Code of Ordinances of the City of Delray Beach, Florida, is hereby amended by deleting Sub-subsection (8), - "Boarding and rooming houses". Section 5. That Section 30-11, "GC General Commercial District", Subsection~ondittonal Uses", of the Code of Ordinances of the City of Delray Beach, Florida, is hereby amended by deleting Sub-subsection (16) relative to multiple family projects and their attendant recreational facilities. Section 6. That Section 30-12, "SC Specialized Commercial District", Subsection (C), "Conditional Uses", of the Code of Ordinances of the City of Delray Beach, Florida, is hereby amended by deleting Sub-subsection (22) relative to multiple family projects and their attendant recreational facilities. Section 7. That Section 30-13, "CBD Central Business District", Subsection (C), "Conditional Uses", of the Code of Ordinances of the City of Delray B===h, Florida, is hereby amended by deleting Sub-subsection (12) relative to multiple family projects and their attendant recreational facilities. Section 8. That Section 30-13.1, "LC Limited Commercial District", Subsection--~?t!~-~'-~r~onditional Uses", of the Code of Ordinances of the City of Delray Beach, Florida, is hereby amended by deleting Sub-subsection (9) relative to multiple family projects and their attendant recreational facilities. Section 9. That Section 30-11, "GC General Commercial District", Subsection~Permttted Uses", Sub-subsection (75), of the Code of 2 ORD. NO. 29-87 Ordinances of the City of Delray Beach, Florida, be and the same is hereby amended to read as follows: (75) Single family residence, located on the same parcel of land, eit'he~-eb~~-behimd as the commercial use. Section 10. That Section 30-12, "SC Specialized Commercial District", Subsection (B), "Permitted Uses", Sub-subsection (79), of the Code of Ordinances of the City of Delray Beach, Florida, be and the same is hereby amended to read as follows: (79) Single family residence, eeeul~ied-~-th~-o~.~-~-the-b~i~ees-mtd located on the same parcel of land, eithe~-ebe~e-~)t,--beht~ as the commercial use. Section 11. That Section 30-13.1, "LC Limited Commercial District", Subsection (B), "Permitted Uses", Sub-subsection (49), of the Code of Ordinances of the City of Delray Beach, Florida, be and the same is hereby amended to read as follows: (49) Single family residence, eeet~ied-~-t4te--~witet-s-e~-~he-b~s-~m~l located on the same parcel of land, e~-abe~e-~--beht~d as the commercial use. Section 12. That Section 30-13, 'CBD Central Business District", Subsection (B), "Permitted Uses", of the Code of Ordinances of the City of Delray Beach, Florida, be and the same is hereby amended by adding a new Sub-s,,:~ection (81) to read as follows: (8 ;. '~Multiple family projects or dwelling units, not ..,_.'-:.'~,-,~ding rifty percent (50%) of the ~rross floor area, and provided '~.~ the ground floor building area, of any such development fr~:--_: ~' on Atlantic Avenue, shall be utilized for commercial purposa~ >~,,..4stent with the zoning district. These projects shall comply with the district regulations for the RM-15 zoning district, except for setbacks and hei ht which shall be as specified in this district, and are subject ~e and Development Plan Approval (Section 30-22). Section 13. That Section 30-11, "GC General Commercial District", Subsection (B), "Permitted Uses", of the Code of Ordinances of the City of Delray Beach, Florida, be and the same is hereby amended by adding a new Sub-subparagraph (85) to read as follows: (85) Multiple family projects or dwelling units, not exceeding fifty percent (50%) of the ~5'oss floor area, in conjunction with commer- cial purposes consistent with the zoning district. These projects shall comply with the district regulations for the RM-15 zoning district, except for setbacks and height which shall be as specified in this district, and are subject to Site and Development Plan Approval (Section 30-22). Section 14. That Section 30-12, "SC Specialized Commercial District", Subsection. (B), "Permitted Uses", of the Code of Ordinances of the City of Delray Beach, Florida, be and the same is hereby amended by adding a new Sub-subparagraph (89) to read as follows: (89) Multiple family projects or dwelling units, not exceeding fifty percent (50%) of the ~ross floor area, in conjunction with commercial purposes consistent with the zoning district. These projects shall comply with the district regulations for the RM-15 zoning district, except for setbacks and height which shall be as specified in this district, and are subject to Site and Development Plan Approval (Section 30-22). 3 ORD. NO. 29-87 Section 15. That Section 30-13.1, "LC Limited Commercial District", Subsection'~rmitted Uses", of the Code of Ordinances of the City of Delray Beach, Florida, be and the same is hereby amended by adding a new Sub-subparagraph (58) to read as follows: (58) Multiple family projects or dwelling units, not exceedin~ flftlr [~ercent (50%) of the ~ross floor area, in conjunction with cOmmer- cial purposes consistent with the zoning district. These projects shall comply with the district regulations for the RM-15 zoning district, except for setbacks and height which shall be as specified in this district, and are subject to Site and Development Plan Approval (Section 30-22). Section 16. That Section 30-11, "GC General Commercial District", Subsection (C), "Conditional Uses", of the Code of Ordinances of the City of Delray Beach, Florida, be and the same is hereby amended by adding a new Sub-subparagraph (25) to read as follows: (25) Multiple family projects or dwelling units. These projects shall comply with the district regulations for the RM-I$ zoning district, except for setbacks and height which shall be as specified in this district, and are subject to Site and Development Plan Approval (Section 30-22). Section 17. That Section 30-12, "SC Specialized Commercial District", Subsection (C), "Conditional Uses", of the Code of Ordinances of the City of Delray Beach, Florida, be and the same is hereby amended by adding a new Sub-subparagraph (35) to read as follows: (35) Multiple family projects or dwelling ur~its. These projects shall comply with the district regulations for the RM-15 zoning district, except for setbacks and height which shall be as specified in this district, and are subject to Site and ,~evelopment Plan Approval (Section 30-22). Section 18. That Section 30-13, "CBD Central Business District", Subsection'-~nditional Uses", of the Code of Ordinances of the City of Delray Beach, Florida, be and the same is hereby amended by adding a new Sub-subparagraph (19) to read as follows: (19) Multiple family projects or dwelling units. These projects shall comply with the district regulations for the RM-15 zoning district, except for setbacks and heii~ht which shall be as spec/fled in this district, and are subject to Site and Development Plan Approval (Section 30-22). Section 19. That Section 30-13.1, "LC Li~nited Commercial District", Subsection (C), 'C'onditional Uses", of the Code of Ordinances of the City of Delray Beach, Florida, be and the same is hereby amended by adding a new Sub-subparagraph (13) to read as follows: (13) Multiple family projects or dwelling units. These projects shall comply with the district regulations for the RM-15 zoning district, except for setbacks and height which shall be as specified in this district, and ar~ a~blect to Site and Development Plan Approval (Section 30-22). Section 20. 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. 4 ORD. NO. 29-87 Section 21. That this ordinance shall become effective ten (10) days after its passage on second and final reading. PASSED AND ADOPTED in re~'ular session on second and final reading on this the i4th day of A~ril , 1987. MAYOR ATTEST: First Reading. March 10, 1987 Second Reading April 14, 1987 5 ORD. NO. 29-87