48-81 ORDINANCE NO. 48-81
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY
BEACH, FLORIDA, AMENDING CHAPTER 30 "ZONING" OF THE CODE
OF ORDINANCES BY AMENDING SECTION 30-5 "R-iAAA, R-iAAA-B,
R-1AA, R-1AA-B, R-lA, R-lA-B, SINGLE FAMILY DWELLING
DISTRICTS (I) BUILDING HEIGHT" OF SAID CODE ELIMINATING
CONDITIONAL USES TO THE HEIGHT LIMITATIONS; REPEALING
SECTION 30-8 "RM-15 MULTIPLE FAMILY DWELLING DISTRICT (I)
BUILDING HEIGHT" AND ENACTING NEW SECTION 30-8 (I);
AMENDING SECTION 30-8.1 "PRD-4 PLANNED RESIDENTIAL DIS-
TRICT (H) BUILDING HEIGRT, (1) SINGLE FAMILY DETACHED"
ELIMINATING CONDITIONAL USES TO THE HEIGRT LIMITATIONS;
AMENDING SECTION 30-8.3 "PRD-7 PLANNED RESIDENTIAL DIS-
TRICT (H) BUILDING HEIGHT (1) SINGLE FAMILY DETACHED"
ELIMINATING CONDITIONAL USES TO THE HEIGHT LIMITATIONS;
AMENDING SECTION 30-8.2 "PRD-10 PLANNED RESIDENTIAL
DISTRICT (H) BUILDING HEIGHT, (1) SINGLE FAMILY DETACHED
AND. (2) MULTIPLE FAMILY"; AMENDING SECTION 30-10 "CC
COMMUNITY COMMERCIAL DISTRICT (H) BUILDING HEIGHT" ELIM-
INATING CONDITIONAL USES TO THE HEIGHT LIMITATIONS AND
REDEFINING THE HEIGHT LIMITATION; AMENDING SECTION 30-11
"GC GENERAL COMMERCIAL DISTRICT (H) BUILDING HEIGHT"
ELIMINATING CONDITIONAL USES TO THE HEIGHT LIMITATIONS
AND REDEFINING THE HEIGHT LIMITATION; AMENDING SECTION
30-12 "SC SPECIALIZED COMMERCIAL DISTRICT (H) BUILDING
HEIGHT" ELIMINATING CONDITIONAL USES TO THE HEIGHT LIM-
ITATIONS AND REDEFINING THE HEIGHT LIMITATION; AMENDING
SECTION 30-13 "CBD CENTRAL BUSINESS DISTRICT (H) BUILDING
HEIGHT" BY ELIMINATING CONDITIONAL USES TO THE HEIGHT
LIMITATIONS AND REDEFINING THE HEIGHT LIMITATION; AMEND-
ING SECTION 30-13.1 "LC LIMITED COMMERCIAL DISTRICT (G)
BUILDING HEIGHT" ELIMINATING CONDITIONAL USES TO THE
HEIGHT LIMITATIONS AND REDEFINING HEIGHT LIMITATION;
AMENDING SECTION 30-14 "LI LIGHT INDUSTRIAL DISTRICT (H)
BUILDING. HEIGHT" BY REDEFINING THE HEIGHT LIMITATION;
AMENDING SECTION 30-15 "MI MEDIUM INDUSTRIAL DISTRICT (H)
BUILDING HEIGHT" BY REDEFINING HEIGHT LIMITATION; RE-
PEALING SECTION 30-15.1 "SAD SPECIAL ACTIVITIES DISTRICT
(H) BUILDING HEIGHT" AND ENACTING NEW SECTION 30-15.1 (H)
REDEFINING THE HEIGHT LIMITATION~ AMEND/NG FOR RESIDEN-
TIAL, COMMERCIAL AND INDUSTRIAL USES; PROVIDING FOR A
REPEALING CLAUSE; PROVIDING FOR A SAVING CLAUSE; PROVID-
ING 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 30-5 "R-iAAA, R-IAAA-B, R-1AA, R-1AA-B,
R-iA, R-1A-B Single Family Dwelling Districts" (I) of the Code of Ordi-
nances of the City of Delray Beach, Florida, be amended to read as fol-
lows:
(I) Building Height.
No building or structure shall be constructed to a height
exceeding three (3) floors or thirty-five (35) feet.
Section 2. That Section 30-8 "RM-15 Multiple Family Dwelling
District" (I) of the Code of Ordinances of the City of Delray Beach,
Florida, is hereby repealed and a new Section 30-8 (I) is hereby enacted
to read as follows:
Sec. 30-8 (I) Building Height.
No building or structure shall be constructed to a height
exceeding three (3) floors or forty-five (45) feet, or in
the case of a recreational building, not higher than the
highest principal residential building. Provided, how-
ever, under conditional use (Sec. 30-21), four (4)
floors, not exceeding fifty (50) feet in height, may be
constructed, if the ground floor is utilized for covered
parking.
Section 3. That Section 30-8.1 "PRD-4 Planned Residential Dis-
trict" (H) of the Code of Ordinances of the City of Delray Beach, Florida,
be amended to read as follows:
(H) Building Height.
(1) Single Family Detached
No building or structure shall be constructed to a height
exceeding three (3) floors or thirty-five (35) feet~
(2) Multiple Family
No building or structure shall be constructed to a height
exceeding three (3) floors or forty-five (45) feet, or in
the case of a recreational building, not higher than the
highest principal residential building.
Section 4. That Section 30-8.2 "PRD-7 Planned Residential Dis-
trict" (H) of the Code of Ordinances of the City of Delray Beach, Florida,
be amended to read as follows:
(H) Building Height.
(1) Single Family Detached
No building or structure shall be constructed to a height
exceeding three (3) floors or thirty-five (35) feet?
(2) Multiple Family
No building or structure shall be constructed to a height
.exeeding three (3) floors or forty-five (45) feet, or in
. the case of a recreational building, not higher than the
. highest prinCipal residential building.
Section 5. That Section 30-8.3 "PRD-10 Planned Residential Dis-
trict'' (H) of the Code of Ordinances of the City of Delray Beach, Florida,
be amended to read as follows:
(H) Building Height.
(1) Single Family Detached
No building or structure shall be constructed to a height
exceeding three (3) floors or thirty-five (35) feet7
I a~ ......... ~ ......... ( -- 50--21)
- 2 - Ord. No. 48-81
(2) Multiple Family
No building or structure shall be constructed to a height
exceeding three (3) floors or forty-five (45) feet, or in
the case of a recreational building, not higher than the
highest principal residential building, un!es2 apprcv~_d
with .... ~ m~im.!? of s?!9~ iv % ~= ~ ..... ~ 1 · Provided,
h0weyer, under conditiona~ use (Sec. 39-2.!), four (4)
floors, not exceeding ~orty-five (45) feet in height,
may be constructed, if the ground Floor is utilized
for covered parking.
Section 6. That Section 30-10 "CC Community Commercial District"
(H) of the Code of Ordinances of the City of Delray Beach, Florida~ be
amended to read as follows:
(H) Building Height.
No building or structure shall be constructed to a height
exceeding ~hlrty =:--~ ' ~ =) =~ "-~--- ........ ~ .... -
Ecnditicnal Usc '~-- 30 ~..
, ...... ).. either four (4) floors or
forty-five (45) feet.
Section 7. That Section 30-11 "GC General Commercial District"
(H) of the Code of Ordinances of the City of Delray Beach, Florida, be
amended to read as follows:
(H) Building. Height.
No building or structure shall be constructed to a height
exceeding t~ni~ ..... (~) f~, ~o ~
· ' ~-~). four (4) floors or forty-
five (45.) feet.
Section 8. That Section 30~12 "SC Specialized Commercial Dis-
trict" (H) of the Code of Ordinances of the City of Delray Beach, Florida,
be amended to read as follows:
(H) Bui!ding. He~ght.
No building or structure shall be constructed to a height
exceeding ~~ ~-- 35 £~t, unl~ss ~w~=d -"
~nditi~nal Use (Sec. 30 21.).. four (4) floors or forty-
five (45) feet.
Section 9. That Section 30-13 "CBD Central Business District"
(H) of the Code of Ordinances of the City of Delray Beach, Florida, be
amended to read as follows:
(H) Building Height.
No building or structure shall be constructed to a height
exceeding ~--~" ' ~n~ ~^~ _ ~ ........... ~ ~_ , ~ ~.
~-~ ~ ..... ~" * .... '~ ~ ~ ~* four (4) floors or fortz-
five (45) feet.
- 3 - Ord. No. 48-81
Section 10. That Section 30-13.1 "LC Limited Commercial Dis-
trict" (G) of the Code of Ordinances of the City of Delray Beach, Florida,
be amended to read as follows:
(G) Building Height.
No building or structure shall be constructed to a height
exceeding ~hirty ~ '~:~ ~ ....... ~--- approved - -
C~_~ic_.~ ,~_ ,~- :n.~ four (4) floors or forty-
five (45) feet.
Section 11. That Section 30-14 "LI Light Industrial District"
(~) of the Code of Ordinances of the City of Delray Beach, Florida, be
amended to read as follows:
(H) Building Height.
No building or structure shall be constructed to a height
~- ~.I~ approved~
exceeding ~--~-~..~ ~: ~i~c-~-~35) f~,
~,e~_iai~nal-~ ,~.'~- nn_~_~_~ ~,. four (4) floors or forty-
five (45) feet. Provided, however, that where it is
demonstrated that the nature of the use requires greater
than normal space between floors, the bUilding Or struc-
ture may be constructed to a height of four (4) floors
or sixty (60) feet~ when approved as a Conditional Use
(Sec. 30-21).
Section 12. That Section 30-15 "MI Medium Industrial District"
(H) of the Code of Ordinances of the City of Delray Beach, Florida, be
amended to read as follows:
(H) Building Height.
No building or structure shall be constructed to a height
exceeding ~kirty .five ~',~, ~,= = ~..I~ app~-o~-=C~--~ ~
~c-~--~ ' '"~ ~' four (4) floors forty
.......... sc , .... 20 2~,. or -
five (45) feet. Provided, however, that where it is dem-
onstrated that the nature of the use requires greater
than normal space between floors,the building or struc-
ture may be constructed to a height of four (4) floors
or sixty (60) feet,_when approved as a Conditional Use
(Sec. 30-21).
Section 13. That Section 30-15.1 "SAD Special Activities Dis-
trict" (H) of the Code of Ordinances of the City of Delray Beach, Florida,
is hereby repealed, and new Section 30-15.1 (H). 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.
- 4 - Ord. No. 48-81
(3). Industrial
No building' or structure shall be constructed to a height
exceeding four (4) floors or forty-five (45) feet.
Provided, 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 a Conditional Use (Sec. 30-21).
Section 14. That all ordinances or parts of ordinances in con-
flict herewith are hereby repealed.
Section 15. That should any section or provision of this or-
dinance or any portion thereof, any paragraph, sentence, or word be de-
clared 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 16. That authority is hereby granted to codify the
provisions of this ordinance.
Section 17. That this ordinance shall become effective when
adopted after second and final reading retroactively effective from June
10, 1981 subject to the following exceptions:
1. A project for which conditional use approval is
required shall be exempt if the Planning and Zoning
Board has held a public hearing on a current appli-
cation prior to June 16, 1981, or has held a public
hearing on a previous application for the same or
similar project on the same property on or before
June 10, 198I, but after June 19, 1980o
2. A project for which site and development plan ap-
proval is required shall be exempt if the Planning
and Zoning Board has made a recommendation in regard
to such project to the City Council prior to June
16, 1981.
3. If a project is of a type which requires both con~
ditional use approval and site and development plan
approval, then the requirements of both subsections
1 and 2 above must be met.
4. If a project does not require either site and de-
velopment plan approval or conditional use approval,
but does require plat approval, then ~he exemption
' shall apply if prior to June 16, 1981, the Planning
and Zoning Board has made a recommendation to City
Council regarding the plat for such project.
5. If a project does not require either site and de-
velopment plan approval, conditional use approval or
plat approval, then this exemption shall apply only
if an application for a building permit(s) has been
made to the City Building Department in regard to
such project prior to June 10, 1981.
- 5 - Ord. No. 48-81
PASSED AND ADOPTED in regular session on second and final reading
on this the 22nd day of September , 1981.
MAYOR
ATTEST: LEON M. WEEKES
City Clerk
First Reading September 8, 1981
Second Reading September 22, 1981
- 6 - Ord. No. 48-81