78-83 VOID
ORDINANCE NO. 78-83
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
DELRAY ~EACH, FLORIDA, AMENDING CHAPTER 30 "ZONING"
OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY
BEACH, FLORIDA, BY ENACTING A NEW SECTION 30-7.5,
CREATING A NEW ZONING DISTRICT TO BE KNOWN AS "RM-i~
(MULTIRLE FAMILY DWELLING) DISTRICT"; AMENDING
SECTION 30-2(C) "ESTABLISHMENT OF ZONING DISTRICTS"
TO INCLUDE THE NEW RM-12 (MULTIRLE FAMILY DWELLING)
DISTRICT; RROVIDING A SAVING CLAUSE; RROVIDING 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 30-7.5 RM-12 (Multiple Family
Dwelling) District; and,
WHEREAS, the City Council concurs 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 30 "Zoning" of the Code of Ordinances of
the City of Delray Beach, Fiorida, is hereby amended by enacting a new
Section 30-7.5, "RM-i2 (Multipie Famiiy Dweliing) District," to read as
foliows:
Sec. 30-7.5 RM-i~ MULTIPLE FAMILY DWELLING DISTRICT
(A) PURPOSE
lhe RM-12 zoning district is intended to provide medium to high
density multiple family residential areas which will be compatible
with more restrictive lower density residential neighborhoods, and
will exhibit a pronounced architectural relationship with adjacent,
more restrictive zoning districts.
(B) PERMITTED USES
(1) Multiple family projects containing eight (8) or less dwelling
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. 30-22)
(3) 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, storage sheds, swimming
pools, tennis courts, tool sheds, workshops, and similar
recreational facilities. Single family dwellings shall comply
with the district regulations for the R-lA zoning district.
(4)Home occupations, subject to Sec. 30-17(L)
(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.
(5) Day care centers, kindergartens, nursery schools, and other
preschool facilities, subject to Sec.
(6) Educational institutions, excluding colleges, seminaries,
training centers, universities, and vocational schools
(?) 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) Museums
(11) Natural resource utilities
(12) Professional offices, limited to accountants, architects,
attorneys, chiropractors, dentists, engineers, independent
trustees, landscape architects, naturopaths, opticians,
optometrists, osteopaths, physicians, podiatrists,
psychologists, and surgeons
(13) Public utilities, in a completeIy encIosed buiiding
(14) RacquetbaIi clubs, and their attendant accessory uses
(15) Swimming cIubs, and their attendant accessory uses
(16) Tennis clubs, and 'their attendant accessory uses
(D) LOT DIMENSIO~S~ SITE AREA~ DENSITY COMPUTATION
(1) Minimum Lot or Parcel of Land
(a) First two (2) units 8,000 sq.ft.
(b) Each additional unit 3,556 sq.ft.
(c) Maximum floors 3 floors
(2) Minimum Dimensions
(a) Frontage 60 ft.
(b) Width 60 ft.
(c) Depth 100 ft.
(d) Area 8,000 sq.ft.
Exception
On lots or parcels of record, the frontages of which do not
meet the required minimum of sixty (60) feet, and are not less
than fifty (50) feet, but contain a minimum lot ares of six
thousand (6,000) square feet, two (2) dwelling units shall be
allowed, and the setbacks shall be as provided for in the R-1AA
zoning district.
- 2 - Ord. No. 78-83
(4) Duplexes
On lots or parcels of record where duplexes are permitted, and
where said iots or parcels are at ieast 8,000 square feet, and
where there is a party waii separating the two (2) dupiex
units, each unit together with approximately one-haiti (½) of
the iot may be conveyed, providing each portion of the
contains not less than 4~000 square feet, and the dividing line
runs through the party waii. The conveyance as set forth in
this paragraph shai1 not constitute subdivision requiring
additional piatting.
(a) Conditions
(1) The common wail separating the two dupIex units must
be a fire rated waii, as required for residentiai
separations in the Standard Building Code, as adopted
by the City. Whenever a screen porch enclosure
attached to said dupiex units is set back from the
dividing line between the two units in such dupIex by
three (3) feet or more, then a screening walI iocated
on the common property iine between the dupiex units
shall be extended the same distance as the screen
porch enciosure. 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.
(2) 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.
(2) 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 shai1 appiy separateiy to
each story:
(stories) 1-Z 3
(1) Front 25 ft. 30 ft.
(2) Side (Interior) 15 ft. 25 ft.
(3) Side (Street) 25 ft. 30 ft.
(4) Rear 25 ft. 25 ft.
- 3 - Ord. No. 78-85
Exception:
When a parcel of land zoned RH-12 Hultiple 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-12
Hultiple Family and shall apply separately to each story:
(stories) 1 2 3
(1) Front 25 ft. 25 ft. 30 ft.
(2) Side (Interior) 15 ft. 20 ft. 30 ft.
(3) Side (Street) 25 ft. 29 ft. 30 ft.
(4) Rear 25 ft. 29 ft. 25 ft.
(G) GROUND FLOOR 8UILDING AREA
The total ground floor building area of all buildings and structures
shall not exceed forty (40~) percent of the total lot area.
(H) TOTAL FLOOR AREA
No requirements.
(I) BUILDING HEIGHT
No building or structure shall be constructed to a height exceeding
three (3) floors, or in the case of a recreational building, not
higher than the highest principal residential building.
PARKING AND LOADING REGULATIONS
See Sec. 30-18 and Sec. 30-19
(K) WALLS AND FENCES
See Sec. ~0-17(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)
- 4 - Ord. No. 78-83
(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 locsted, 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.
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 (40%) 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. 30-17(U)
Section 2. 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) ESTABLISHMENT OF ZONING DISTRICTS
PM-12 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 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 day of , 1983.
MAYOR
ATTEST:
City Clerk
First Reading VOID