47--81 ORDINANCE NO. 47-81
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 BY AMENDING SECTION 30-7 "RM-10 MULTIPLE FAMILY
DWELLING DISTRICT", SUBSECTION (I) "BUILDING HEIGHT" TO
PROHIBIT THE CONSTRUCTION OF ANY BUILDING TO A HEIGHT
EXCEEDING THREE (3) FLOORS; PROVIDING A SAVING CLAUSE;
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Planning and Zoning Board at the May 18, 1981, meeting unanimously
recommended that subsection (I) "Building Height" of Section 30-7 "RM-10 Multiple Family Dwelling
District" be amended to prohibit the construction of any building to a height exceeding three (3)
floors; and,
WHEREAS, the City Council of the City of Delray Beach, Florida, deems it to be in the
best interests of the residents and citizens of the City of Delray Beach to make such amendment,
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", Subsection (I) "Building Height" of the Code of Ordinances of the City of Delray Beach,
Florida, is hereby amended to read as follows:
No building or structure shall be constructed to a height exceeding three (3) floors,
excepC in Li~e ~:One Hundred iea~iood Zone Area:; mapped by Lhe U.S. DeparC-
.... ~ ~ "~- not higher than the
.......... ~ ........... or in the case of a recreational uilding,
highest principal residential building.
The provisions of this subsection shall not apply under the following circumstances:
(1) If the use requires either site and development plan approval or
conditional use aproval and an application for such approval has
been filed with the Planning Director prior to the effective date of
this ordinance.
(2) If the use is not one which requires either site and development
plan approval or conditional use approval and an application for a
building permit has been filed prior to the effective date of this
ordinance.
Section 2. 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 3. 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 14th
day of July ..... ,1981.
MAYOR
LEON M. WEEKES
ATTEST:
~/ City Clerk
First Reading. June 23, 1981
Second Reading July 14, 1981
- 2- ORD. NO. 47-81