11-79 ORDINANCE NO. 11-79
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY
BEACH, FLORIDA, AMENDING CHAPTER 29 "ZONING" OF THE
CITY'S CODE OF ORDINANCES BY AMENDING SUBSECTION 29-7
"RM-10 MULTIPLE FAMILY DWELLING DISTRICT" BY REPEALING
CURRENT PARAGRAPH (I) "BUILDING HEIGHT" AND SUBSTITUTING
NEW PARAGRAPH (I) "BUILDING HEIGHT" PROVIDING FOR MAXIMUM
BUILDING HEIGHTS AND PROVIDING AN EXCEPTION IN THE ONE
HUNDRED YEAR FLOOD ZONE AREA; REPEALING ALL ORDINANCES IN
CONFLICT HEREWITH; PROVIDING A SAVING CLAUSE; PROVIDING
AN EFFECTIVE DATE.
WHEREAS, the Planning and Zoning Board has recommended an amend-
ment to the Zoning Ordinance, Section 29-7(I), to allow building heights
of four (4) floors in the RM-10 Multiple Family Dwelling District when a
development is located in a "flood zone area"; and,
WHEREAS, the City Administration concurs in said recommendation;
and,
WHEREAS, the City Council of the City of Delray Beach, Florida,
has determined that such change should be made,
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Section 29-7(I) "Building Height" is hereby
repealed.
Section 2. That new Section 29-7(I) "Building Height" is enacted
to read as follows:
(I) B. uildin~ Height
No building or structure shall be constructed to a
height exceeding three (3) floors, excep~t in the
"One Hundred Year Flood Zone Area" mapped by the U.S.
Department of Housing and Urban Development. When
approved as a Conditional Use (Sec. 29-21), in said
"One Hundred Year Flood Zone Area" a building or
structure may be constructed to a maximum height of
four (4) floors consisting of three (3) residential
floors over one (1) floor of parking. In the case
of a recreational building, such building shall not
be constructed higher than the highest residential
building. The parking slab shall not ~exceed an eleva-
tion of four (4) feet above mean high sea level.
Section 3. That all ordinances or parts of ordinances in con-
flict herewith be and the same are hereby repealed.
Section 4. 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 5. That this Ordinance shall become effective ten (10)
days after passage on second and final reading.
PASSED AND ADOPTED in regular session on second and final reading
on this 9th day of April .., 1979.
MA Y O~
ATTEST:
~ City Clerk
First Reading March 26, 1979
Second Reading April 9, 1979.
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