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01-84 ORDINANCE NO. 1-84 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, 'FLORIDA, AMENDING CHAPTER 30, "ZONING", SECTION 30-15.1, "SAD SPECIAL ACTIVITIES DISTRICT", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY REPEALING SECTION 30-15. i(H), "BUILDING HEIGHT", AND ENACTING A NEW SECTION 30-15.1(H), "BUILDING HEIGHT", BY PROVIDING FOR ESTABLISHMENT OF BUILDING HEIGHT BY THE CITY COUNCIL AT THE TIME PROPERTY IS REZONED TO SAD AND BY' MAKING CERTAIN TECHNICAL REVISIONS; BY AMENDING SECTION 30-15.1(I), "PARKING AND LOADING REGULATIONS", BY PROVIDING 'FOR ESTABLISHMENT OF PARKING AND LOADING REQUIREMENTS AT THE TIME PROPERTY IS REZONED TO SAD; 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That Section 30-15.1(H), "Building height", of the Code of Ordi- nances of the City of Delray Beach, Florida, is hereby repealed and a new Section 30-15.1(H), "Building height", is hereby enacted to read as follows: (H) BUILDING HEIGHT (1) Residential No building or structure shall be constructed to a height exceeding three (3) floors or thirty-five (35) feet. Provided, however, that if parking is to be located on the ground floor level of the building, the height of the building shall not exceed four (4) floors or forty-five (45) feet. (2) Commercial No building or structure shall be constructed to a height exceeding four (4) floors or forty-five (45) feet. Pro- vided, however, that where it is demonstrated that t-Fh-~ nature .of the use requires greater than normal space between floors, the building or structure may be con- strutted to a height of four (4)' floors or sixt~ (60)'feet, when approved by the City Council within the ordinance rezoning the subject property to SAD. (3) Industrial No building or structure shall be constructed to a height exceeding four (4) floors or forty-five (45) feet. Pro- vided, however, that where it is demonstrated that the nature of the use requires greater than normal space between floors, the building or structure may be con- structed to a height of four (4) floors or sixty (60) feet, when approved as-~--eon~ii~-~e--(-Se~:--~4-.~) by the City. Council within the ordinance rezoning the subject property to SAD. Section 2. That Section 30-15.1(I),. "Parking and Loading Regulations", of the Code of Ordinances of the City of Delray Beach, Florida, is hereby amended to read as follows: (I) PARKING AND LOADING REGULATIONS ~e-~~0 l~-~d--~r-3~ t-~. P.arking and loadin~ require- ments shall be established at the time property is rezoned to SAD. 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 (10) days after its passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the 14th day of February , 1984. ATTEST City ~rk First Reading Janaury 24, 1984 Second Reading February 14f 1984 2 ORD. NO.