08-86 F,A I L E D - Jan. 28, 1986
ORDINANCE NO. 8-86
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY
BEACH, FLORIDA, BY AMENDING CHAPTER 30, "ZONING", OF
THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH,
FLORIDA, BY AMENDING SECTION 30-7(C), "RM-10 MULTIPLE
FAMILY DWELLING DISTRICT", AND' SECTION 30-8(C), "RM-15
MULTIPLE FAMILY DWELLING DISTRICT", TO ADD AS A CONDI-
TIONAL USE UNDER THESE ZONING DISTRICTS "LIVE-ABOARD
VESSELS" IN CERTAIN INSTANCES AND RENUMBERING THE
REMAINING USES; PROVIDING A GENERAL REPEALER; PROVIDING
A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Council of the City of Delray Beach, Florida, deems it to
be in the best interest of the health, safety and welfare of the residents and citizens of
the City of Delray Beach, Florida, to add as a conditional use under certain conditions
"live-aboard vessels" but only where same be in conjunction with a fully operational
marina and not as a use adjacent to or in any manner connected with other residential
property in these or any other zoning districts of the City of Delray Beach, Florida.
WHEREAS, the City Council of the City of Delray Beach desires to give
persons who do not comply with the provisions of this Ordinance a reasonable period of
time to relocate; and,
WHEREAS, the City Council of the City of Delray Beach has established a
time certain to comply with the provisions of this Ordinance; and,
WHEREAS, such an extension of time should not be construed as an
acceptance or approval by the City Council of the legal validity of any of the existing
leases which conditions do not comply with this Ordinance.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Chapter 30, "Zoning", Section 30-7, "RM-10 Multiple Family
Dwelling District", is hereby amended by amending subsection (C), "Conditional Uses",
by adding an additional conditional use to read as follows:
(C) CONDITIONAL USES
As prescribed in Sec. 30-21, and after the review of the application and plans
appurtenant thereto, and hearing thereon, the Planning and Zoning Board finds as
a 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, morals,
prosperity, and safety of the City, the following uses may be recommended to the
City Council as Conditional Uses:
(1) Adult congregate living facilities, subject to Sec. 30-17(T)
(2) Churches or places of worship, and their attendant educational,
recreational, and columbarium facilities
(3) Community center facilities, when operated by a residential homeowners
association
(4) Convalescent homes, homes for the aged, nursing homes, and rest
homes, subject to Sec. 30-17(K)
(5) Day care centers, kindergartens, nursery school, and other preschool
facilities, subject to Sec. 30-17(M)
(6) Educational institutions, excluding colleges, seminaries, training centers,
universities, and vocational schools
(7) Golf courses, and their attendant accessory uses
(8) Libraries
(9) Life care retirement communities, subject to Site and Development Plan
Approval (Sec. 30-22)
(10) Live-aboard vessels, only when located at full-service marinas which
used their facilities for live-aboard vessels as ~{f September 1, 1985. In
no event shall dockage at real property improved with a residential
dwelling unit or residential dwelling units qualify as a full-service
marina.
~0~ (11) Museums
~ (-~ Natural resource utilities
~2~ ~ Professional offices, limited to accountants, architects, attorneys,
chiropractors, dentists, engineers, independen, t trustees, landscape
architects, naturopaths, opticians, optometrists, osteopaths, physicians,
podiatrists, psychologists, and surgeons
~ (14) Public utilities, in a completely enclosed building
~4~ ~ Racquetball clubs, and their attendant accessory uses
~ ~ Swimming clubs, and their attendant accessory uses
~6~ ~ Tennis clubs, and their attendant accessory uses
Section 2. That Chapter 30, "Zoning", Section 30-8, "RM-15 Multiple Family
Dwelling District", of the Code of Ordinances of the City of Delray Beach, Florida, is
hereby amended by amending Subsection (C) , "Conditional Uses", to add an additional
conditional use to read as follows:
(C) CONDITIONAL USES
As prescribed in Sec. 30-21, and after the review of the application and plans
appurtenant thereto, and hearing thereon, the Planning and Zoning Board finds as
a 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, morals,
prosperity, and safety of the City, the following uses may be recommended to the
City Council as Conditional Uses:
(1) Adult congregate living facilities, subject to Sec. 30-17(T)
(2) Churches or places of worship, and their attendant educational,
recreational, and columbarium facilities
(3) Community center facilities, when operated by a residential homeowners
association
(4) Convalescent homes, homes for the aged, nursing homes, and rest
homes, subject to Sec. 30-17(K)
(5) Day care centers, kindergartens, nursery school, and other preschool
facilities, subject to Sec. 30-17(M)
(6) Educational institutions, excluding colleges, seminaries, training centers,
universities, and vocational schools
(7) Golf courses, and their attendant accessory uses
(8) Hospitals, subject to Sec. 30-17(N)
(9) Libraries
(10) Life care retirement communities, subject to Site and Development Plan
Approval (Sec. 30-22)
(11) Live-aboard vessels, only when located at full-service marinas which
used their facilities for live-~board vessels as of September 1'~' 1985. In
no event shall dockage at real property improved with a residential
dwelling 'unit or residential dwelling units qualify as a full-service
marina.
~ (12) Museums
~2~ ~ Natural resource utilities
~ (14) Public utilities, in a completely enclosed building
~½4~ ~ Racquetball clubs, and their attendant accessory uses
~½§~ (-~ Swimming clubs, and their attendant accessory uses
~6~ ~ Tennis clubs, and their attendant accessory uses
Section 3. That all ordinances or parts of ordinances which are in conflict
herewith are hereby repealed.
2 ORD. NO. 8-86
Section 4. 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 5. That this ordinance shall become effective immediately upon its
passage on second and final reading and shall be applicable to all properties located
within the general corporate limits of the City of Delray Beach upon its effective date;
provided however, that any properties or vessels not in compliance with the terms and
conditions of this Ordinance upon its effective date shall be given until JUne 1, 1986 to
come into compliance; the above notwithstanding, any properties or vessels in which a
lease was entered into prior to June 25, 1985 which does not conform to the terms and
conditions of this Ordinance shall be given until October 31, 1987 to come into
compliance.
PASSED AND ADOPTED in regular session on second and final reading on this
the day of , 198 .
MAYOR
ATTEST:
City Clerk
First Reading
Second Reading
F A I L E D - Jan. 28, 1986
3 ORD. NO. 8-86