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18-73 ORDINANCE NO. 18-73. AN ORDINANCE RELATING TO ZONING; AMENDING CHAPTER 29 "ZONING" OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH BY CREATING AND ESTABLISHING A NEW USE DISTRICT TO BE KNOWN AS "RM-6 - MULTIPLE FAMILY DWELLING DISTRICT" AND PRESCRIBING THE USES PERMITTED THEREIN. WHEREAS, it is the recommendation of the Planning and Zoning Board that a new use district to be known as "RM-6 - Multiple Family Dwelling District" be established; and WHEREAS, it is the recommendation of the City Administration with Council agreement that such a new use district be established, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, THAT: SECTION 1. Chapter 29 "Zoning" of the Code of Ordinances of the City of Delray Beach as amended be further amended by creating and establishing a new use district to be known as "RM-6 - Multiple Family Dwelling District" and to be codified as Section 29-4.1. Section 29-4.1. RM-6 MULTIPLE FAMILY DWELLING DISTRICT (a) PURPOSE The purpose of this zoning district is to provide a low density multi-family dwelling district, which will be compatible with more restrictive, lower density, single- family residential districts. (B) USES PERMITTED IN RM-6 Within any RM-6 Multiple Family Dwelling District, no building, structure, land or water shall be used except for one or more of the following uses: (1) Any use permitted in the R-1AA Single Family Dwelling District. (2) Multiple Family Projects containing eight (8) or less dwelling units in one or more structures. (C) CONDITIONAL USES FOR RM-6 As prescribed in Section 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 health, safety, and general welfare of the City, the following uses may be recommended to the City Council as conditional uses in the RM-6 Multiple Family Dwelling District. (1) Multiple Family Projects containing nine (9) or more dwelling units in one or more structures and their attendant recreational and sales facilities. (2) Schools, nursery schools, and kindergartens. (3) Libraries, community center buildings and public museums. (4) Churches and their attendant educational and recreational facilities. (5) Public utilities (excluding equipment and storage yards). (6) Golf courses, swimming and tennis clubs and similar recreational facilities as principal uses when used as a public facilit~ or private club. (7) Doctor's offices. (D) MINIMUM BUILDING SITE AREA AND DENSITY COMPUTATION (1) Minimum Lot or Parcel of Land RM-6 First Unit 6,000 sq. ft. Each Additional Unit 7,500 sq. ft. Maximum Floors 3 Floors (2) Minimum Lot Dimensions RM-6 (a) Front 60 ft. (b) Width 60 ft. (c) Depth 100 ft. (d) Area (sq. ft.) 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 that 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 but contain the minimum lot area, two dwelling units shall be permitted and side yards shall be as provided for in the R-1AA zone. (E) MINIMUM AGGREGATE FLOOR AREA REQUIREMENTS The following shall be the minimum floor areas for all multi- ple family structures expressed as net living area, exclusive of porches, balconies, decks and common areas such as corridors: -2- Ord. No. 18-73 (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 bedroom multiple family dwelling units.) (F) MINIMUM BUILDING SETBACKS (1) The following shall be the minimum building setbacks, by total number of floors, for all multiple family structures permitted and described in the RM-6 zoning district: RM-6 1 - 2 3 (a) Front 25 feet 25 feet (b) Side (interior) 15 feet 25 feet (c) Side (street) 25 feet 25 feet (d) Rear 25 feet 25 feet (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 widen- ing purposes, front and street side yards shall be measured from the special setback line on the property. (3) Swir~ing pools in the RM-6 Zoning District may be per- mitted in any yard provided that they comply with Ordinance Section 17-28.1 and comply with the setback lines. (4) Single family structures will be permitted to observe the setbacks set forth for the R-lA, Single Family Zoning District. (G) MAXIMUM PERMITTED 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 PERMITTED BUILDING HEIGHT No building or structure may be constructed to a height exceeding three floors or in the case of a recreational building, not higher than the highest principal residential buildings. (I) ON-SITE PARKING REGULATIONS See Section 29-7.3 (J) ACCESSORY BUILDING REQUIREMENTS For all accessory structures, the following requirements shall be observed: -3- Ord. No. 18-73 (1) Ail accessory buildings shall observe the same setbacks required for the principal structure(s). (2) No garage or other accessory building shall be erected before the principal building is under con- struction to the point of being fully enclosed, except where specifically permitted by the Site Plan Permit. (K) WALLS AND FENCES (1) In any Multiple Family Dwelling District, no fence, wall, or structure shall be maintained within the area at any corner street intersection at elevations the City Engineer determines will obstruct visibility. (2) In any Multiple Family Dwelling District, walls and fences erected on all lots shall be in accordance with the following criteria: (a) Front Yard: Front yard walls and fences, including Those on front and side lot lines, shall not ex- ceed four (4) feet in height above established lot grade and may be maintained within a required front yard area. (b) Side and Rear Yards: Side and rear yard walls and fences, including those on side and rear lot lines, shall not exceed six (6) feet in height above the established lot grade and may be maintained behind a required front yard area. (3) Walls, fences or similar structures erected in any Multiple Family Dwelling District, shall not contain any substance, such as broken glass, spikes, nails, barbs, or similar materials designed to inflict pain or injury to any person or animal. No barbed wire or electrically charged fence shall be erected in any location on any lot or parcel of land in these districts. PASSED AND ADOPTED in regular session on the second and final reading on the 23rd day of July , 1973. ATTEST: City ~le~ First Reading. June 25, 1973. Second Reading J.uly 23, 1973. -4- Ord. No. 18-73. DELRAY BEACH NEWS-JOURNAL Published Weekly Delray Beach, Palm Beach County, Florida PROOF OF PUBLICATION STATE OF FLORIDA ~ COUNTY OF PALM BEACH Before the undersigned authority personally appeared .... ..~...~...x..Y.._.L..,....._C~.....o._.~...~...~. ............... who on oath says that he/s~e is .... .p..~..~...~..~..B...h..~.~. .................................. of The Delray Beach News-Journal, a weekly newspaper published at Delray Beach in Palm Beach County, Flor- ida; that the attached copy of advertisement, being all....-.0..~-..(~......~..-.~.~...~..~...Q..~.._..~...~...~...'....7...~. ........ in the matter of ~j~d~i~/~-h~R~t~9~d~~-~C~ .................. in the ...................................................................... Court, was published in said newspaper in the ............. ..................................................................... Affiant further says that the said Delray Beach News-Journal is a newspaper published at Delray Beach, in said Palm Beach County, Florida, and that the said laewspaper has heretofore been continuously published in said Palm Beach County, Florida, each week and has been entered as second class ruail matter at the post office in De]ray Beach, in said PsIm Beach County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that he has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in theA~ newspaper. Sworn to and subscribed before nme this ...................... day of ..... ~r .......... ~-' ........... A.D/ 19 ...... MY COMMISSION EXP~R~$ MA~. 19, BONDED THRU GENERAL INSURANCE U~-]D~R'WEITE~, TO: J. Eldon Mariott, City Manager FROM: Dan Kotulla, Planning Director SUBJECT: RM-6 Multiple Family Dwelling District DATE: June 14, 1973 The Planning and Zoning Board, at a meeting held June 12, 1973, by unanimous vote, recommended to ~City Council, that the RM-6 Zoning District be adopted, as presented to the Board 'by the Planning Director, with the following chan~es: (D) (1) Minimum Lot or Parcel of Land - First unit at 6,000 square feet, Each additional unit at 7,500 square feet, .M@ximum floors to be 3, and (F) (1) Minimum setbacks for 3 floors will be 25 feet on all sides. A copy of the proposed revised ordinance is attached. Dan Kotulla DK/b enclosure Section 29-~. RM-6 MULTIPLE FAMILY DWELLING DISTRICT (A) PURPOSE The purpose of this zoning district is to provide a low density multi-family dwelling district, which will be com- patible with more restrictive, lower density, single-family residential districts. (B) USES PERMITTED IN RM-6 Within any RM-6 Multiple Family_Dwelling District, no building, structure, land or water shall be used except for one or more of the following uses: (1) Any use permitted in the R-1AA Single Family Dwelling District. ('2) Multiple Family Projects containing eight (8) or less dwelling units in one or more structures. (C) CONDITIONAL USES FOR RM-6 As prescribed in Section 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 health, safety, and general welfare of the City, the follow- ing uses may 'be recommended to the City Council as conditional uses in the RM-6 Multiple Family Dwelling District. (1) Multiple Family Projects containing nine-(9) or more 'dwelling units in'one.or more structures and their at~end- ant recreational and sales f~cilities. (2) Schools, nursery schools, and kindergartens. (3) Libraries, community center buildings and public museums. (4) Churches and their attendant educational and recreational facilities.. (5) pUblic utilities (excluding equipment and storage yards). (6) Golf courses, swimming and tennis clUbs and similar recreational facilities as principal uses when used ~ as a pUblic facility or private clUb. '~7) Doctor's offices. (D) MINIMUM BUILDING SITE AREA AND DENSITY COMPUTATION (1) Minimum Lot or Parcel of Land RM-6 First Unit 6,000 sq.ft. Each Additional Unit 7,500 sq.ft. Maximum Floors 3 floors (2) Minimum Lot Dimensions RM-6 (a) Front 60 ft. (b) Width 60 ft. (c) Depth 100 ft. (d) Area (sq.ft.) 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 that 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) ft. and are not less than fifty (50) feet but contain the minimum lot area, two dwelling units shall be permitted and side yards shall be as provided for in the R-1AA Zone. (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 Ap@rtment 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 bedroom multiple family dwelling units.) (F) MINIMUM BUILDING SETBACKS (1) ~he following shall be the minimum building setbacks, by total number'of floors, for all multiple family structures permitted and described in the RM-6 Zoning district: RM-6 1 -2 3 (a) Front 25 feet 25 feet (b) Side (interior) 15 feet 25 feet (c) Side (street) 25 feet 25 feet (d) Rear 25 feet 25 feet (2) All setbacks shall be measured from the street right- of-way line, ~nd where special setback lines have been established on any street or highway for street widen- ing purposes, front and street side yards shall be measured from the special setback line on the property. (3) Swimming pools in the RM-6 Zoning District may be per- mitted in any yard provided that they comply with Ordinance Section 17-28.1 and comply with the setback lines. (4) Single family structures will be permitted to observe the setbacks set forth for the R-lA, Single Family Zoning District. (G) MAXIMUM PERMITTED 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 PERMITTED BUILDING HEIGHT No building or structure may 'be constructed to a height exceeding hhree floors or in the case of a recrea- tional building, not higher than the highest.principal residential 'buildings. (I) ON-SITE PARKING REGULATIONS See Section'29-7.3 (J) ACCESSORy BUILDING REQUIREMENTS For all accessory structures, the following require- ments shall be observed: (1) Ail accessory buildings shall Observe the same setbacks required for the principal structure(s). (2) No garage or other accessory building shall be erected before the principal building is under construction to the point of being fully enclosed, except where specifically permitted by the Site Plan Permit. (K) WALLS AND FENCES (1) In any Multiple Family Dwelling District, no fence, wall or structure' shall be maintained within the area at any corner street intersection st elevations the City Engineer determines will Obstruct visibility. (2) In any Multiple Family Dwelling District, walls and fences erected on all lots shall be in accord- ance with the following criteria: (a) Front Yard: Front yard walls and fences, including those on front and side lot lines, shall not exceed four (4) feet in height above established lot grade and may be main- tained within a required front yard area. (b) Side and Rear Yards: Side and rear yard walls and fences, including those on side and rear lot lines, shall not exceed six (6) feet in height above the established lot grade and may be maintained behind a required front yard area. (3) Wall, fences, or similar structures erected in any Multiple Family Dwelling District, shall not contain any substance, such as broken glass, spikes, nails, barbs, or similar materials designed to inflict pain or injury to any person or animal. No barbed wire or electrically charged fence shall be erected in any location on any lot or parcel of land in these districts.