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30-74 ORDINANCE NO. 30-74 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 29 "ZONING" OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, AS AMENDED, BY CHANGING THE SECTION NUMBER DESIGNATION FOR THE RM-6 AND RM-20 MULTIPLE FAMILY DWELLING DISTRICT; AND SEPARATING THE NOW COMBINED RM-10 AND RM-15 MULTIPLE FAMILY DWELLING DISTRICTS INTO TWO DISTINCT SECTIONS; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PRO- VIDING A SAVING CLAUSE; PROVIDING A PENAL%~Y CLAUSE. WHEREAS, the Planning and Zoning Board has recommended changing the section number 'designation for the RM-6 and RM-20 Multiple Family Dwelling District; and separating the now combined RM-10 and RM-15 Multiple Family Dwelling Districts into two distinct sections, of Chapter 29 "Zoning" of the Code of Ordinances; and, WHEREAS, the City Council of the City of Delray Beach, Florida, concurs in said recommendation, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUlqCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: SECTION 1. That Section 29-4.1 of chapter 29 "Zoning" of the Code of Ordinances of the City of Delray Beach, be amended by changing the section number designation to read as follows: Sec. 29-5 RM-6 Multiple Family Dwelling District (The section number designation, only, has been changed, all other provisions, regulations, and requirements remain unchanged.) SECTION 2. That Section 29-5.1 of Chapter 29 "Zoning" of the Code of Ordinances of the City of Delray Beach, be amended by changing the section number designation to read as follows: Sec. 29-5.3 RM-20 Multiple Family Dwelling District (The section number designation, only, has been'changed, all other provisions, regulations, and requirements remain unchanged.) SECTION 3. That Section 29-5 of Chapter 29 "Zoning" of the Code of Ordinances of the City of Delray Beach, be amended by separating the now combined RM-10 and RM-15 Multiple Family Dwelling Districts into two distinct sections, to read as follows: Sec. 29-5.1 RM-10 MULTIPLE FAMILY DWELLING DISTRICT (A) PURPOSE The RM-10 Zoning District is intended to provide a low density multi-family residential area, which will be compatible with more restrictive, lower density, single family residential areas, and will exhibit a pronounced architectural relationship with adjacent more restrictive zoning districts. (B) PERMITTED USES (1) Home occupations as defined in Sec. 29-1 (30) (2) Multiple family structures containing eight '(~) or less dwelling units in one (1) or more structures (3) Single family dwellings and their customary accessary 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, tool sheds, workshops, and similar recreational facilities. Single family dwellings shall comply with the district regulations for the R-lA Zoning District. (C) CONDITIONAL USES As prescribed in Sec. 29-7.4, 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 pro- posed 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) Churches, and their attendant educational and recreational facilities (2) Community center buildings (3) Golf courses, swimming and tennis clubs, and similar recreational facilities, when used as a principal use in a public facility or private club (4) Libraries (5) Multiple family projects containing nine (9) or more dwelling units in one (1) or more structures, and their attendant educational and recreational facilities (6) Museums, public (7) Natural resource utilities (8) PrOfessional offices, consisting of, accountants, arch- itects, attorneys, chiropractors, dentists, engineers, landscape architects, naturopaths, opticians, optomet- rists, osteopaths, physicians, podiatrists, psychologists, and surgeons (9) Public utilities, excluding equipment and storage yards (10) Schools, kindergartens, and nursery schools, public and private -2- ORD. NO. 30-74. (D) MINIMUM SITE AREA AND DENSITY COMPUTATION (1) Minimum Lot or Parcel of Land (a) First two (2) units 6,000 sq. ft. (b) Each additional unit 4,600 sq. ft. (c) Maximum floors 3 floors (2) Minimum Lot Dimensions~ (a) Front 60 ft. (b)' Width 60 ft. (c) Depth 100 ft. (d) Area 6,000 sq. ft. (3) Exceptions (a) On curving streets and cul-de-sacs, the required frontages of lots may be reduced by forty (40) per cent, provided the center line radius of the adjacent public street is one-hundred (100) feet or less. (b) On lots or parcels of record, the frontages of which do not meet the required minimum of sixty (60) feet, and are not less ~han fifty (50) feet, but contain the minimum lot area, two (2) dwelling units shall be permitted, and side setbacks shall be as provided for in the R-1AA Zoning District. (E) MINIMUM AGGREGATE FLOOR AREA REQUIREMENTS The following shall be the minimum floor areas for all multiple family structures expressed as net living area, exclusive of porches, balconies, decks, and common areas, such as corridors: (1) Efficiency Apartment 400 sq. ft. (2) One Bedroom Apartment 600 sq. ft. (3) Two Bedroom Apartment 900 sq. ft. (4) Three Bedroom Apartment 1,150 sq. ft. (5) Four Bedroom Apartment 1,350 sq. ft. A minimum of two (2) bathrooms is required in four (4) bedroom multiple family dwelling units. (F) MINIMUM BUILDING SETBACKS (1) The following shall be the minimum setbacks, by total number of floors, for all buildings and structures in this zoning district: (Floors) 1-2 3 (a) Front 25 ft. 25 ft. (b) Side (interior) 15 ft. 25 ft. (c) Side (street) 25 ft. 25 ft. (d) Rear 25 ft~ 25 ft. (2) All setbacks shall be measured from the street right-of-way line, and where special setback lines have been established on any street or highway for street widening purposes, front, side, and rear setbacks shall be measured from the special setback line on the property. (3) Swimming pools shall be permitted in any setback, provided they comply with Sec. 17-28.1, and with the setback require- ments for this zoning district. (G) MAXIMUM GROUND FLOOR BUILDING AREA The total ground floor building area of all buildings and structures shall not exceed forty (40) per cent of the total lot area. (H) MAXIMUM TOTAL FLOOR AREA No requirements (I) MAXIMUM BUILDING HEIGHT No building or structure shall 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, unless approved as a Conditional Use (Sec. 29-7.4). In no case shall a building or structure exceed three (3) floors. (J) PARKING AND LOADING REGULATIONS See Sec. 29-7.3 (K) WALLS AND FENCES Walls, fences, or similar structures, shall: (1) Not be maintained within the area at any corner street intersection at elevations the City Engineer determines will obstruct visibility. (2) Not exceed six (6) feet in height above the established lot grade when erected in the front, side, and rear setbacks. (3) Not contain any substance such as broken glass, spikes, or nails. No electrically charged fence shall be erected in this zoning district. (L) ACCESSORY BUILDING REQUIREMENTS (1) All accessory buildings shall observe the same setbacks required for the principal structure~ (2) No garage, or other accessory building shall be erected before the principal structure is under construction, to the point of being fully enclosed, except where specifically allowed by Conditional Use (Sec. 29-7.4). -4- ORD. NO. 30-74. Sec. 29-5.2 RM-15 MULTIPLE FAMILY DWELLING DISTRICT (A) PURPOSE The RM-15 Zoning District is intended to provide medium density, multi-family residential areas, which will be compatible with more restrictive zoning districts, and serving as a transitional buffer. (B) PERMITTED USES (1) ~ome occupations as defined in Sec. 29-1(30) (2) Multiple family structures containing eight (8) or less dwelling units in one (1) or more structures (3) Single family dwellings and their customary accessary 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, tool sheds, workshops, and similar recreational facilities. Single family dwellings shall comply with the district regulations for the R-lA Zoning District. (C) CONDITIONAL USES As prescribed in Sec. 29-7.4, 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 pro- posed 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, morals, prosperity, health, and safety of the City, the following uses may be recommended to the City Council as Conditional Uses: (1) Broadcasting .facilities (2) Churches, and their attendant educational and recreational facilities (3) Commercial uses totally contained within a residential structure limited to a total floor area not to exceed ten (10) per cent of the gross residential floor area contained therein, exclusive of vehicular parking and service areas, and limited to such uses as, barbershops, beauty salons, delicatessens, drug stores, and rest- aurants (4) Community center buildings (5) Golf courses, swimming and tennis clubs, and similar recreational facilities, when used as a principal use in a public facility or private club (6) Libraries (7) Multiple family projects containing nine (9) or more dwelling units in one (1) or more structures, and their attendant educational and recreational facilities (8) Museums, public (9) NatUral resource utilities (10) Professional offices, consisting of, accountants, arch- itects, attorneys, chiropractors, dentists, engineers, landscape architects, naturopaths, opticians, optomet- rists, osteopaths, physicians, podiatrists, psychologists, and surgeons -5- ORD. NO. 30-74. (11) Public utilities, excluding equipment and storage yards (12) Schools, kindergartens, and nursery schools, public and private (D) MINIMUM SITE AREA AND DENSITY COMPUTATION (1) Minimum Lot or Parcel of Land (a) First two (2) units 8,000 sq. ft. (b) Each additional unit 2,900 sq. ft. (c) Maximum floors 5 residential floors with a maximum of 7 floors overall (2) Minimum Lot Dimensions (a) Front 60 ft. (b) Width 60 ft. (c) Depth 100 ft. (d) Area 8,000 sq. ft. (3) Exceptions (a) On curving streets and cul-de-sacs, the required frontages of lots may be reduced by forty (40) per cent, provided the center line radius of the adjacent public street is one-hundred (100) feet or less. ! (b) 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, buy contain the minimum lot area, two (2) dwelling units shall be permitted, ~and side setbacks shall be as provided for in the R-1AA Zoning District. (E) MINIMUM AGGREGATE FLOOR AREA REQUIREMENTS The following shall be the minimum floor areas for all multiple family structures expressed as net living area, exclusive of porches, balconies, decks, and common areas, such as corridors: (1) Efficiency apartment 400 sq. ft. (2) One bedroom apartment 600 sq. ft. (3) Two bedroom apartment 900 sq. ft. (4) Three bedroom apartment 1,150 sq. ft. (5) Four bedroom apartment 1,350 sq. ft. A minimum of two (2) bathrooms is required in four (4) bedroom multiple family dwelling units. (F) MINIMUM BUILDING SETBACKS (1) The following shall be the minimum setbacks, by total number of floors, for all buildings and structures in this zoning district: (Floors) 1-2 3 4-5 6-7 (a) Front 25 ft. 25 ft. 30 ft. 30 ft. (b) Side (interior) 15 ft. 25 ft. 25 ft. 30 ft. (c) Side (street) 25 ft. 25 ft. 25 ft. 30 ft. (d) Rear 25 ft. 25 ft. 25 ft. 30 ft. -6- ORD. NO. 30-74. (2) Ail setbacks shall be'measured from the street right-of-way line, and where special setback lines have been established on any street or highway for street widening purposes, front, side, and rear setbacks shall be measured from the special setback line on the property. (3) Swimming pools shall be permitted in any setback, provided they comply with Sec. 17-28.1, and with the setback requirements for this zoning district. (G) MAXIMUM GROUND FLOOR BUILDING AREA The total ground floor building area of all buildings and structures shall not exceed forty (40) per cent of the total lot area. (H) MAXIMUM TOTAL FLOOR AREA No requirements (I) MAXIMUM BUILDING HEIGHT No building or structure shall 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, unless approved as a Conditional Use (Sec. 29-7.4). In no case shall a building or structure exceed five (5) residential floors, with a maximum of seven floors overall. (J) PARKING AND LOADING REGULATIONS See Sec. 29-7.3 (K) WALLS AND FENCES Walls, fences, or similar structures, shall: (1) Not be maintained within the area at any corner street intersection at elevations the City Engineer determines will obstruct visibility. (2) Not exceed six (6) feet in height above the established lot grade when erected in the front, side, and rear setbacks. (3) Not contain any substance such as broken glass, spikes, or nails. No electrically charged fence shall be erected in this zoning district. (L) ACCESSORY BUILDING REQUIREMENTS (1) All accessory buildings shall observe the same setbacks · required for the principal structure. (2) No garage, or other accessory building shall be erected before the principal structure is under construction, to the point of being fully enclosed, except where Specifically allowed by Conditional Use (Sec. 29-7.4). -7' ORD. NO. 30-74. SECTION 4. That any person, firm or corporation violating any of the provisions'of Section 3 above, shall, upon conviction, be punished as provided in Section 1-6 of the Code of Ordinances of the City of Delray Beach~ SECTION 5. Ail ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed. SECTION 6. If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held invalid or uncon- stitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision and such holding shall not affect the validity of the remaining portions hereof. PASSED AND ADOPTED in regular session on second and final reading on this 22nd day of July , 1974. ATTEST: City Clerk First Reading. 3UN 2 4 974 Second Reading July 22, 1974 -8- ORD. NO. 30-74.