140-85 ORDINANCE NO. 140-85
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 30-8.4 "RO RESIDENTIAL OFFICE
DISTRICT", AND PROVIDING (A) "PURPOSE"; (B) "PERMITTED
USES"; (C) "CONDITIONAL USES"; (D) "LOT DIMENSIONS, SITE
AREA, DENSITY COMPUTATION"; (E) "AGGREGATE FLOOR AREA";
(F) "BUILDING SETBACKS"; (G) "GROUND FLOOR BUILDING
AREA"; (H) "TOTAL FLOOR AREA"; (I) "BUILDING HEIGHT"; (J)
"PARK ING AND LOAD ING REGULATIONS"; (K) "WALLS AND
FENCES"; (L~ "LANDSCAPING"; (M) "SIGNS"; (N) "SPECIAL
REGULATIONS':; (O) "PARK AND RECREATION LAND DEDICATION;
PROVIDING A GENERAL RE~EALER CLAUSE; PROVIDING A SAVING
CLAUSE; PROVIDING AN EFFECTIVE DATE.
NOW, THEREFORE, BE IT ORDAINED BY T~E CITY COUNCIL OF THE CITY
OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Chapter 30, "Zoning", of the Code of Ordi-
nances of the City of Delray Beach, Florida, is hereby amended by
enacting a new Section 30-8.4, "RO (Residential Office) District" as set
forth in Exhibit "A" attached hereto, and which is expressly made a part
of this ordinance.
Section 2. That all ordinances or parts of ordinances which
are in conflict herewith are hereby repealed.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 14thday of January , 1986.
ATTEST:
~ City VC'lerk --
First Reading December 17, 1985
Second Reading January 14, 1986
"EXHIBIT A"
Sec. ~0-8.~ P,O =E~[O£~T[a,L OFFICE DISTRICT
The RO district is intended tc provide Far mixed uses or
neighborhood office and reszdent.tal nature, in or,er tc
serve as a tra,,sition between a strictly commercia) or
industrial area and a strictiv r,sidential area; or
p~ovide an incentive for development and redevelopment cf
older residential neighbo~hooas ~u.:~ch are deteriorating
in a state of t~ansition; o~ to proviee Professional
offices to meet the needs of the residents of surrounO~ng
or nearby neighborhoods, al] builOings and structures
shall appea~ to be ~esidential in character regm~aless of
the. actual use therein, shall be kept in a sound
attractive condition, and in estzblished neiQhborhooOs
shall be gene~al]y compatible in architectural style
scale ~ith the su~roundin9 area. A building o~ structure
in an RO district may contain e~ther a residential use,
an office use, o~ a mix, subject to subsection (B) and ~C)
below. Ail uses shall be in completely enclosed bulld~ngs
and. any outOoor storage is expressly promibited.
(1) Ouplex structures, subject to Site and Development
Plan Approval (Sec. 30-22).
Single family dwellings an~ the: rustomary accessory
uses, including bird aviaries, c_~t docks, dog houses
and dog runs, garages, green~o~.~s, guest cottages,
playhouses, pool houses and ~:~..ers, pump houses,
slat houses, storage sheds, swimming pools, tennis
courts, tool sheds, ~orkshops, and similar recrea-
tional facilities. Single fam[ :v O~ellings shall
comply ~th the distr~ct cegulac~cns for t~,e
zoning
(3) Business offLces subject to 5~te ~C Development Plan
Approva] (Sec. )O-Z~), anO Commun'-,~ ~ppearance Board
approval. Such approvals may or../ be granted upon
findings that the purpose of the ~istr[ct, and Cae
p~ovi~ions related thereto, as <.~unc~ateO in su~-
pa~ag~ap~ (A) above~ are being met.
Professional offices, subject to ~.~e and Development
Plan Approval (Sec. )0-22) and r'~mun:ty .4ppearance
Board approval. Such approvals -~ only be granted
upon finOings that the purpose cf the dkstr~ct and
the provisions related thereto, aJ ~nunciated in sub-
paragr~:~h (A) above, are Oeing m~t.
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· (C) CONOI TIONAL USES
As prescribed in Sec. 30-21, and after the review of the
application' and plans appurtenant thereto, and hearing
thereon, the "lannin9 and Zoning 8oard finds as a fact that
the proposed use or uses are consistent with good zoning
practicea~ 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.
~O-17(Z) (A)
(2) Alcohol a~nd drug abuse treatment ffacilities, subject
to Sec. ~0-17(2)(8)
(~) Child care, adult day cate, and family day care
facilities, subject to Sec. }0-17(2)(D)
(4) Churches or places of worship~ and their attendant
educational, recreational, and columbarium fac-
ilities
(5) Community center facilities, when operated by a
residential, homeowners association
(6) Continuing care facilities, subject to Sec. )0-17
(Z)(E)
(7) Convalescent homes and nursing homes, subject to
Sec. ~O-17(Z) (F)
(8) Educational institutions, excluding colleges, semi-
naries, training centers, universities, and
vocational schools
(9) Golf courses, and their attendant accessory uses
(10) Governmental offices
(11) Libraries
(12) Museums
(1~) Public utilities, in a completely enclosed building
(14) Single family zero lot line dwellings,, subject to
Sec. ~0-6.5(P) (1)
(15) Social and philanthropic institutions
(16) Swimming clubs, and their attendant accessory uses
(17) Tennis clubs, and their attendant accessory uses
(D) LOT DIME, NSI,,ONS~ SITE AREA,, OiEN,SiITY CQMPUTAFION
(1) Minimum Dimensions
(a) Frontage 80 Ft.
(b) Width BO Ft. ,
(c) Oepth 100 Ft.
(d) Area 8,000sq. ft.
(2) Exception
On lots or parcels of record, the frontages of which
do not m~,et the required minimum of eighty (80) feet,
and are not less than fifty (50) Feet, but contain
a minimum lot area of six thom;sand (6,OOO) square
feet, a single family dwelling, or non-residential
use shall be allowed, provided other requirements
of this Section can be c~plied with and the setbacks
shall be aa provided for in the R-lA zoning district.
()) Duplexes
On lots or parcels of. record where duplexes are permitted, and
where skid lots or ps,cole are at least 8,000 square feet, and
where there is a party wall separating the two (Z) duplex
units, each unit together with approximately one-half (~) of
the lot may be conveyed, providing each portion of the lot
contain'e not lees then 4,000 square feet, and the dividing
line runs through the party wall. Tile conveyance as set forth
in this paragraph shall not constitute subdivision requiring
additional, platt lng.
(a) Conditions.,
(l) The common wall separating the two duplex units
must be a fire rated wall, aa required for resi-
dential separation in the Standard Building Code,
as adopted by the City. Whenever a screen porch
enclosure attached to said duplex units is set
back from the dividing line between three (3)
feet or more, then a screen wall located on the
c or:lee n property line between the duplex units
shall be extended the same distance aa the screen
porch enclosure. Whenever the side of a screen
porch enclosure is closer than three (3) feet to
the dividing line between the two units in such
duplex, then a fire rated wall shall be extende~
the same distance as the screen porch enclosure.
Each individual duplex unit and its portion of the
lot or parcel it is located on. must be adjacent
to a public or private street and have direct
access thereto.
(E) AGGREGATE FLOOR AREA,
(1) The following shall be the minimum floor areas for ali
individual units, within duplex structures, expressed as
net living area, exclusive of balconies, decks,
porches, and common area such as corridors:
(a) Efficiency /400 sq. ft.
(b) One (1) bedroom 600 sq. ft.
(c) Two (2) bedrooms 900 sq. ft.
(d) Three (3) bedrooms 1,150 sq. ft.
(e) Four (/4) bedrooms 1,:~50 sq. ft.
A minimum of l:wo (2) bathrooms are required four (/4)
bedroom multiple family dwelling units.
(2) No building or structure shall oontain more than Z,SGO
sq. ft. of business or professional oft'ice
space therein.
- (F) BU[LO[':G
1he ~¢~low~ng shall be the minimum setbacks for al~ build.
Lng stcuctures in th~s zoning distr~ct and shall apply
separately to eac~ story:
~s~or~es ~ o~ ....
(1) Front 2~ Ft.
(Z) Side (interior) 15 ft. ...
(]) Side (~t:eet; Z5
(~) Rear Z5
Exception:
When a ~arcel of l~nd zoned RO Residential Office District
abuts a parcel of land zoned single f~mily withou~ any divi-
sion or separator between them, such as a street, ~lley,
rail. road, waterway, pa~k, ar other public open space, the
following shall be the minimum setbacks on the abutting
perry line of the parcel of land zoned RO and shall ~pply
separately to each sto~y:
~ S~o~i~s~ ~ Z
(1) F~ont Z5 ft. Z5 ft
(Z) Side (interior) l~ ft. ZO
(]) Side (~treet) 25 ft. 2~ ~t.
(~) Rear 2~ ~t. ~ ft.
(G) GROUND FLOOR BUILDING AREA
The toro[ g~ound rloo~ buL[d&ng a=e.~ of a]]. buildings and
structures sha[[ not exceed forty (~0., percent or [he
[ot a~ea.
(H) TOTAL FLOOR AREA
~0 ~equ~=emen[s.
(I) BUILDING HEIGHT
No buk/d/ng or structure sha[[ be conzccucLed to a
exceeding ~'o (Z) rloo~s~ or t~enty-f~v'e ,~5) feet.
(J) PARKING AND LOADIXG REGULAT[ONS
([) Sec. ]0-[8 and Sec. )a-j9, sha[~ apply excQj~ as modkr~ed
he~ekn.
(Z) Bus,ness and professkcna[ orr~ce ~8LL p~ovkde one
pa~kkng space per lO0 sq. Ft. cf tcta[ f[oa~ a~ea.
P=ov~ded, ho~ever~ that this cequ~ce~ent ~ay be ~educld
[c one ([) pa~k~ng space per ~OO ~. ~[. or to[a~ rloo~
a~ea~ o~ hy at [east cna ([) pa~kLn~ space~ uhece
~s a mkx oF ceskdenL~a[ &nd oFFice uses ~n [~e same
bu~[d~ng o~ st~uctuce.
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(3) All pa~king for business and professional offices
shall be located i~ the side ox rear Ya=d o=
adjacent to a rear alley. No such parking Shall be
located in the area between any street and b~e
building struct.~re. Where there are existing
buildings or structures, however, the C~ty
Council may g~ant Administrative ~elief ~n
acco=dance ~ith Sec. ~0-18(F), provided ~[ ~s
determined that compliance ~ith these p:ovisions ~s
not feasible and ~hat the residential cha:act~r
of the a~ea ~ill be maintained. If app=oved, ~ucb
pa~king spaces shall be substantially screened from
off=premises vie~ by ct l~ast a fou= (~) fcot hedge.
(K) WALLS ANO FENC[S
~ee A=~icles IX and X, Chapte= 9, Ci~y Ccoe of 0t'dinances
(L) LANOSCAP[N~
See A=bicles IX and X, Chapter ~, Ci~y Code of 0=dinances
(M) SIGNS
(~) Se~ A~t~cle ~III, Chapte~ 9, C~ty Cod~ of O~'d~nancmm
The prov~on~ of Section 9-~1~{C} sha~l ~pec~f~ca~y
apply to ~he RO D~mt~ct.
(N) SPECIAl. REGULAIIONS
(1} Zero Lot Line D~eilings
(a} Ze~o lot line d~eilings, as defined below, are
allowed in the RO zoning dZsc~Zct ~hen approved
as a conditional use (Sec. )0-21). On lots
~hich contain at least 6,000 sq. ft. and ~hose
lot dimensions a~e as stated at Sec. )O-5(D} (5),
the resident ~al structure may be placed
contiguous to the side p~operty line, provzded
the sum of the t~o (2) required szde setbacks, as
set forth at Sec. )O-5(F)L>~, exists on the
opposite property lzne.
(b) In ze~o lot line developments, ~! accessory build-
in9s~ stcuctu~es, or uses, atta~ed o~ unattached
to bhe p~ir, cipa] structu~e~ ~r~ll comply u~th
the applicable buzlding setb~.~ks. ~rov ided,
ho~eve~, that attac~ed ga~age~ small be placed
contiguous to the side p~ope~ty l~ne that the
p~incipal structure is locatec, p~ovided the sum
of the t~o (~) ~equz~ed s~Je setbacks exzsts
on the p:ope~ty line.
(~) Setbacks: shall be measured f~om t~ ~ight-of-~ay line
fo~ public streets, and f~om the ~ccess easement line
fo~ p~ivate streets.
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(5) seimming pools, the top of which are no higher
than grade level, may extend into the setback
area~ but not closer than ten (lO) feet to any
rear or side property line, nor closer than fif-
teen (15) feet to any street right-of-way
line. Although seimming pools may extend into
setback areas, under no circumstances shall a
screened or other pool enclosure be permitted to
eqcroach into such setback areas.
(4) On curving streets and cul-de-sacs, the required
Frontages of lots may be reduced by Forty (40,o)
percent, provided the center line radius of the
adjacent street is one hundred (100) feet or
1 ess.
(§) In duplex developments, if the party wail is
extended, all accessory buildings, structures, or
uses may be placed contiguous to this wall.
(6) In the geographic area bounded on the east by
Swinton Avenue, on the west by N.W. 1st Avenue,
on the south by the south line of Lots & and 12,
8lock 60, and on the north by the north line of
Lots ~ and 11, Block 60, the regulations
contained in the POC Planned Office Center
Oistrict shall apply, except for building height,
lot dimensions and site area, aha quantity of
parking, ~hich shall be governed ~y this Section.
(0) PARK AND RECREATION LAND DEDICATION
See Sec. )O-I?(1)(L) and Chapter ~4, City Code of Ordin-
ances
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~ ~OU~
PR~~D RESIDENTIAL OFFICE DISTRICT
~~ C~I~ON8
G~ M ~Y ~GH ~Y ~CH, FLORIOA A~T