77-83 VOID
ORDINANCE NO. 77-83
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 30-6.5~ CREATING A NEW ZONING
DISTRICT TO BE KNOWN AS "RM-8 (MULTIPLE
FAMILY DWELLING) DISTRICT"; AMENDING SECTION
30-2(C) "ESTABLISHMENT OF ZONING DISTRICTS"
TO INCLUDE THE NEW RM-8 (MULTIPLE FAMILY
DWELLING) DISTRICT; PROVIDING A SAVING
CLAUSE; PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Planning and Zoning Board at the meeting of September
19, 1983, unanimously recommended that a new zoning district be
established to be known as Section 50-6.5 RM-8 (Multiple Family Dwelling)
District; and
WHEREAS, the City Council concu'~s in said recommendation~
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Chapter 50 "Zoning" of the Code of Ordinances of
the City of O~ray Beach, Florida, is hereby amended by enacting a new
Section ~0-6.5,~ "RM-8 (Multiple Family Dwelling) District," to read as
follows:
Sec. 30-6.5 RM-8 MULTIPLE FAMILY DWELLING DISTRICT
(A) PURPOSE
lhe RM-8 zoning district is intended to provide low -to medium
density multiple family residential areas which will be compatible
with lower density multiple family and the more ~estrictive single
family residential neighborhoods.
(B) PERMITTED USES
(1) Multiple family projects containing eight (8) or less dmelling
units in one (1) or more structures, and their attendant
recreational facilities
(2) Multiple family projects containing nine (9) or more dwelling
units in one (1) or more structures, and their attendant
recreational facilities, subject to Site and Development Plan
Approval (Sec. 50-22)
(5) Single family dwellings and their customary accessory uses,
including bird aviaries, boat docks, dog houses and dog runs,
garages, greenhouses, guest cottages, playhouses, pool houses
and covers, pump houses, slat houses, sto~age sheds, swimming
pools, tennis courts, tool sheds, workshops, and similar
recreational facilities. Single family dwellings shall comply
mith the district regulations for the R-lA zoning district.
(4)Home occupations, subject to Sec. 50-17 (L)
(C) CONDITIONAL USES
As prescribed in Sec. ~0-21, and after the review of the application
and plans appurtenant thereto, and hearing thereon, the Rlanning and
Zoning Board finds as a fact that the proposed use or uses are
consistent with good zoning practice, not contrary to the Master
Rlan, 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) Churches or places of worship, and their attendant educational,
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, subject to Sec. 30-17(M)
(~) Educational institutions, excluding colleges, seminaries,
training centers, universities, and vocational schools
(5) Golf courses, and their attendant accessory uses
(G) Libraries
(7) Museums
(8) Natural resource utilities
(9) Public utilities, in a completely enclosed building
(10) Swimming clubs, and their attendant accessory uses
(ll) Tennis clubs, and their attendant accessory uses
(D) LOT DIMENSIONS~ SITE AREA.~ D. ENSITY COMPUTATION
(1) Minimum Lot or Parcel of Land
(a) First t~o (2) units 8,000 sq.ft.
(b) Each additional unit 5,927 sq.ft.
(c) Maximum floors 2 floors
Minimum Dimensions
(a) Frontage GO ft.
(b) Width GO ft.
(c) Depth 100 ft.
(d) Area 8,000 sq.ft.
(3) E.xcepti. on
On lots or parcels of record, the frontages of which do not
meet the required minimum of sixty (GO) feet, and are not less
than fifty (50) feet, but contain a minimum lot area of six
thousand (G,O00) square feet, two (2) dwelling units shall be
allowed, and the setbacks shall be as provided for in the R-1AA
zoning district.
Duplexes
On lots or parcels of recorO where duplexes are permitted, and
where said lots or parcels are at least 8,000 square feet, and
where there is a party wall separating the two (2) duplex
units, each unit together with approximately one-half (~) of
the lot may be conveyed, providing each portion of the lot
contains not less than b,O00 square feet, and the divi~ing line
runs through the party wall. The conveyance as set forth in
this paragraph shall not constitute subdivision requiring
additional platting.
- 2 - Ord. No. 77-83
(a) Conditions
(1) The common wall separating the two duplex units must
be a fire rated wall, as required for residential
separations in the Standard 8uilding Code, as adopted
by the City. Whenever a screen porch enclosure
attached to said duplex units is set back from the
dividing line between the two units in such duplex by
three (3) feet or more, then a screening wall located
on the common property line between the duplex units
shall be extended the same distance as 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 extended 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
The following shall be the minimum floor areas for all multiple
family dwelling units, expressed as net living area, exclusive of
balconies, decks, porches, and common areas such as corridors:
(1) Efficiency 400 sq.ft.
(Z) One (1) bedroom 600 sq.ft.
(3) Two (2) bedrooms 900 sq.ft.
(4) Three (3) bedrooms 1,150 sq.ft.
(5) Four (4) bedrooms 1,350 sq.ft.
A minimum of two (2) bathrooms are required in four (4) bedroom
multiple family dwelling units.
(F) BUILDING SETBACKS
The following shall be the minimum setbacks for all buildings and
structures in this zoning district and shall apply separately to
each story:
(stories) i Z
(1) Front 25 ft. 25 ft.
(2) Side (Interior) 15 ft. 15 ft.
(3) Side (Street) 25 ft. 25 ft.
(4) Rear 25 ft. 25 ft.
Exception:
When a parcel of land zoned RM-8 Multiple Family directly abuts a
parcel of land zoned single family without any division or separator
between them, such as a street, alley~ railroad, waterway, park, or
other public open space, the following shall be the minimum setbacks
on the abutting property line of the parcel of land zoned RM-8
Multiple Family and shall apply separately to each story:
(stories) 1 2
(1) Front 25 ft. 25 ft.
(2) Side (Interior) 15 ft. 20 ft.
(5) Side (Street) 25 ft. 25 ft.
(4) Rear 25 ft. 25 ft.
- 3 - Ord. No. 77-83
(G) GROUND FLOOR BUILDING AREA
The total ground floor building area of all buildings and structures
shall not exceed forty (~0%) percent of the total lot area.
(H) TOTAL FLOOR AREA
No requirements.
(I) BUILDING HEIGHT
No building or structure ahall be constructed to a height exceeding
two (2) floors, or in the case of a recreational building, not
higher than the highest principal residential building.
(3) PARKING AND LOADING REGULATIONS
See Sec. 30-18 and Sec. 30-19
(K) WALLS AND FENCES
See Sec. 30-i7(I)
(L) LANDSCAPING
See Chapter 9, Art. X
(M) SIGNS
See Chapter 9, Art. VIII
(N) TOWNHOUSES AND TOWNHOUSE DEVELOPMENT
See Sec. 30-17(P)
(0) MINIMUM SPACING BETWEEN BUILDINGS
See Sec. 30-17(Q)
(P) SPECIAL REGULATIONS
(1) Setbacks shall be measured from the right-of-way line for
public streets, and from the access easement line for private
streets.
(2) In zero lot line developments, all accessory buildings,
structures, or uses, attached or unattached to the principal
structure, shall comply with the applicable building setbacks
for this zoning district. Provided, however, that attached
garages shall be placed contiguous to the side property line on
which the principal structure is located, provided the sum of
the two (2) required side setbacks exists on the opposite side
property line. If the party wall is extended, however, all
accessory buildings, structures, or uses may be placed
contiguous to this wall.
- 4 - Ord. No. 77-83
(3) Swimming pools the. top of which are no higher than grade level
may extend into the setback area, but not closer than ten (lC)
feet to any rear or side property line, nor closer than fifteen
(15) feet to any street right-of-way line. Although swimming
pools may extend into setback areas, under no circumstances
shall a screened or other pool enclosure be permitted to
encroach into such setback areas.
(4) On curving streets and cul-de-sacs, the required frontages of
lots may be reduced by forty (60%) percent, provided the center
line radius of the adjacent street is one hundred (100) feet or
less.
(5) In duplex developments, if the party wall is extended, all
accessory buildings, structures, or uses may be placed
contiguous to this wall.
(Q) PARK AND RECREATION LAND DEDICATION
See Sec. ~O-17(U)
Section Z. That Section 30-2(C) "Establishment of Zoning
Districts" of the Code of Ordinances of the City of Delray Beach,
Florida, is hereby amended by adding the following:
(C) ES]ABLISHHENT OF ZONING DISTRICTS
PM-8 Multiple Family Dwelling District
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 6. 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 day of .., 1983.
MAYOR
ATTEST:
City Clerk
First Reading
Second Reading
VOID
- 5 - Ord. No. 77-83