27-73 ORDINANCE NO. 27-73.
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, FURTHER AMENDING CHAPTER 29
"ZONING" BY ADDING A NEW ZONING DISTRICT TO BE
KNOWN AS CENTRAL BUSINESS DISTRICT (CBD) AND PRE-
SCRIBING THE USES PERMITTED THEREIN; AND AMENDING
SECTION 29-2 "DISTRICT AND BOUNDARIES" TO INCLUDE
THE NEW CBD DISTRICT; REPEALING ALL ORDINANCES OR
PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING
A SAVING CLAUSE; PROVIDING A PENALTY CLAUSE.
WHEREAS, the Planning and Zoning Board has recommended the adoption
of a new zoning district to be known as the Central Business District
(CBD) which district is to include the area taxable by the Delray Beach
Downtown Development Authority; 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 changes should be made,
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
DELRAY BEACH, FLORIDA, AS FOLLOWS:
SECTION 1. That the Code of the City of Delray Beach, Florida,
as amended, be further amended by adding the following section to Chapter
29 "Zoning":
Section 29-6.3. CENTRAL BUSINESS DISTRICT (CBD)
(A) PURPOSE
The purpose of this zoning district is to preserve and
develop the character of the business as presently conducted
within the boundaries of the Downtown Development Authority
as set forth in the Act creating the Authority in Special
Acts of Florida, 1971, as amended. It is also intended that
in this District, off-street parking requirements and set-
backs may be modified under certain conditions.
(B) USES PERMITTED
Within the Central Business District, all businesses shall
be conducted wholly within a completely enclosed building
except restaurants and parking and no building, structure or
land shall be used except for one or more of the following
purposes:
(1) Retail drugstore
(2) Retail hardware, paint and garden supply
(3) Retail variety store
(4) Retail department store
(5) Retail apparel and accessories
(6) Retail specialities; toys, sewing equipment, music
supplies, camera, gifts, phonographs, stationery, books,
luggage, flowers and similar uses
(7) Retail newsstand
(8) Retail furniture, appliance and accessories
(9) Retail small appliances
(10) Restaurants and delicatessens, excluding drive-in
facilities
(11) Cocktail lounges, bars and package stores (subject to
the alcoholic beverage provisions of this Code)
(12) Indoor theaters
(13) Automotive parts
(14) Financial institutions with drive-in facilities
(15) Financial, insurance and real estate services
(16) Personal services
(17) Business offices
(18) Professional offices consisting of accountants, archi-
tects, attorneys, chiropractors, dentists, engineers,
landscape architects, naturopaths, opticians, optome-
trists, osteopaths, physicians and surgeons, podiatrists
and psychologists
(19) Repair services; small items, shoes, apparel, TV and
radio, bus~ness machines and similar uses
(20) Medical laboratories and clinics
(21) Printing and publishing
(22) Parking lot or storage garage for parking purposes
(C) CONDITIONAL USES
As prescribed herein and in other sections of the Code and
after the review of the application and plans appurtenant
thereto and hearing thereon, if the City Council finds as a
fact after recommendation from the Planning Board that the
proposed use or uses are consistent with good zoning prac-
tice not contrary to the Land Use Plan, and not detrimental
to the health, safety and general welfare of the City, the
following may be authorized as Conditional Uses:
(1) Multiple dwelling units as permitted in the residential
zoning classifications, except that all multiple units,
which shall include hotels, motels and apartments, are
subject to site plan approval and shall conform to the
set-back lot coverage and other requirements as provided
in the RM-20 zoning classification. The off-street
parking requirements for multiple dwelling units shall
be as provided in Sec. 29-7.3, regardless of the other
provisions of this section.
(2) Communications and utility establishments.
(3) Social, fraternal and recreational clubs and lodges.
(4) Retail food and grocery stores.
(5) Service stations without major repairs.
(6) Any retail use in which there is no processing or treat-
ment of materials, foods or products, and which is not
the source of objectionable odors, noises, fumes, smoke,
gases or vibrations.
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Ord. No. 27-73.
(D) MINIMUM BUILDING SITE AREA AND LOT DIMENSIONS
No minimum requirements except for multiple units as set
forth in (1) above.
(E) MINIMUM BUILDING SETBACKS
The following shall be the minimum building setbacks for
all buildings or structures permitted and described in
this Section:
(1) Minimum Building Setbacks for buildings.
(a) Front - All commercial buildings shall be set back
ten (10) feet from lot line.
(b) Side (interior) - None.
(c) Side (street) -Ten (10) feet.
(d) Rear - All commercial buildings shall have a rear
setback of ten (10) feet.
(2) The setbacks provided in Subparagraphs (a) and (c) may
be increased or decreased by Conditional Use (site plan
approval as prescribed in Sec. 29-7.4).
(F) MAXIMUM BUILDING HEIGHT
No building or structure may be erected, constructed, con-
verted, established, altered, or enlarged to a height exceeding
forty (40) feet to the roof line, except by ~Conditional Use
(site plan approval as prescribed in Sec. 29-7.4), provided,
however, that no special exception shall be granted which
would allow building to exceed a height of one hundred twenty-
two (122) feet.
(G) MINIMUM OFF-STREET PARKING REQUIREMENT
(1) The General Parking Regulations as set out in Subpara-
graphs A, C and D of Sec. 29-7.3, Off-Street Parking
and Loading Regulations shall apply.
(2) There shall be provided at the time of the erection of
any main building or structure or at the time any main
building or structure is altered, enlarged or increased
in capacity by adding dwelling units, guest rooms, floor
area or seats, minimum off-street automobile parking
spaces.
(3) Minimum parking spaces required for enlarged or increased
capacity but not for alterations:
(a) Restaurants and bars, one space for every four seats,
plus one space for every, three employees.
(b)Churches, theaters and places of public assembly,
one space for every four seats.
(c) All others, one space for each three hundred (300)
square feet, or fraction thereof, of the total floor
area.
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Ord. No. 27-73.
(4) Parking spaces for all multiple dwelling units (including
motels, hotels and apartments) shall be located on the
same lot with the main building to be erected.
(5) Parking spaces for other than dwelling units shall be
located on the same lot or within six hundred sixty (660)
feet of the property line when provided by the owner.
(6) The design and screening of all parking areas shall be
subject to other provisions of this Code, except that
in site plan approval situations the Council can modify
and/or lessen said requirements.
(H) ALTERNATE OFF~-STREET PARKING REQUIREMENTS
(1) In the event the owner is unable to provide the required
number and area for parking space for other than dwelling
units, then the owner, if he so elects, may pay into the
Downtown Development Authority a sum of money, to be
determined as hereinafter set out, in lieu of the parking
area shortage. Such payment shall be in place of the
parking requirements needed as set out in G(3) above.
(2) The cost per parking space shall be the total of a square
foot assessed value of the property as per formula plus
$3.00 per square yard of parking space required.
In computing the amount for the assessment portion, the
square footage of the land shall be divided into the
Palm Beach County assessments on such land, excluding
improvements. This square foot assessment figure shall
then be multiplied by two hundred (200) for each parking
area required, but shall be at least $500.00.
(3) Payment is to be made before a certificate of occupancy
shall be issued.
(I) INTENT AS TO VARIANCES
The Board of Adjustment has heretofore been granted the privi-
lege to grant variances to property owners in cases of hardship
when not contrary to the intent of city ordinances. Due to
the unique provisions of this section, it is hereby declared
to be the intent of the City Council that no variances be
granted by the Board of Adjustment when such would lessen the
number of parking spaces or set-backs as required hereunder.
(J) SIGNS AND ADVERTISING COPY
See other provisions of this Code relating to Signs.
SECTION 2. That the Code of the City of Delray Beach, as amended,
be further amended by amending the first paragraph of Subsection 29-2
"Districts and Boundaries" of Chapter 29 "Zoning" to read as follows:
Sec. 29-2 Districts and Boundaries - Designated7 zoning map
adopted; rules for determining boundaries where
uncertainty exists.
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Ord. No. 27-73.
In order to regulate and limit the height and size of
buildings; to regulate and limit the intensity of the use
of lot areas; to regulate and determine the areas of open
spaces within and surrounding buildings; to classify, regu-
late and restrict the location of trades and industries; and
the location of buildings designed for specified industrial,
business, residential and other uses, the City of Delray Beach,
Florida, is hereby divided into districts known as:
R-1AAA Single Family Dwelling District
R-1AAAB Single Family Dwelling District
R-1AA Single Family Dwelling District
R-1AAB Single Family Dwelling District
R-lA Single Family Dwelling District
RM-6 Multiple Family Dwelling District
RM-10 Multiple Family Dwelling District
RM-15 Multiple Family Dwelling District
RM-20 Multiple Family Dwelling District
NC Neighborhood Commercial District
CC Community Commercial District
SC Specialized Commercial District
CBD Central Business District
C-1 Limited Commercial District
LI Light Industrial District
Heavy Industrial District
INTERIM Interim Zoning District
SECTION 3. That any person who violates the provisions of SECTIONS
1 and 2 above shall, upon conviction, be punished as provided in Section
1-6 of the Code of Ordinances of the City of Delray Beach.
SECTION 4. That all ordinances or parts of ordinances in conflict
herewith be and the same are hereby repealed.
SECTION 5. 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.
PASSED AND ADOPTED in regular session on the second and final
reading on the 13th day of November , 1973.
ATTEST:
First Reading: October 22, 1973.
Second Reading: November 13, 1973.
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Ord. No. 27-73.
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 ~/~ry L. ~ooder
who on oath says that he/sMe is ..... J~.u~].~_sh~x. ................................. of The Delray Beach
News-Journal, a weekly newspaper published at Delray Beach in Palm Beach County, Flor-
ida; that the attache~ copy of advertisement, being an...(~xd...~ap, tiol~..~.2.7...-..7..3. .......
~ ~. ~.~ o~ &~.e.~.clLn. ~.....c....hap...t...e...r.....2...9......'..Z...o..n...i.~.n.g...'. .................................................
in the ........................................................ : ............. Court, was published in said newspaper in the
~,,-- o~ ............... 5.~.'t:.e,~..e;L13....~....2..O..,....!.9!3. .................................................................
Affiant further says that the said De[ray Beach News-Journal is a newspaper published
at Delray Beach, in said pslrn Beach County, Florida, and that the said newspaper has
heretofore been continuously published in said p~lm Beach County, Florida, each week and
hss been entered as second class mail matter at the post office in Delray Beach, in said
Palm 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 publica~on in the ssict newspaper.
........... ....................
Swo~ to ,,~ ~,~d b~o~ m~ th~ ........ .2..0...t..h... ~S of 5...e..P...t..e.....~....~_r.... A.D//~..7...3.
S er
MY COMMISSION EXP'IRES .~AAR. 19, 1976
BONDED THRU gEI'~ER,AL INSURANCE UNDERWRITERS
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 ..... .~....~...lr.~....._L.:.......~.0....°...cl...~....~. ..............
who on oath says that he/sl~ is ..... ~..Ll~Li.~3,~. ................................. 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 aIL...0.I~..~.....C.~10..~.i,.O..~.....~...2....7...'..7..3.. .......
in the matter of ..~.~....~...~..~..d...i..~.~..c.~.h.~.a.p...t...~..r..~..2.~.~.~.~.~.~.z...~..~..i`..~..g~ ..............................................
in the ...................................................................... Court, was published in said newspaper in the
~u~ og ................. 9_~..t..9...b..~..r.......2...5..,.....!.9..7..~. .....................................................................................
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 newspaper has
heretofore been continuously published in said Palm Beach County, Florida, each week and
has been entered as second class mail matter at the po~t office in Delray Beach, in said
P~Im 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 publi~alion in the saki nel~paper. _
for the purpose of securing this advertisement f!'~'4~/Z~'~''
/ Stella L.~5~ycl~r
MY COMM!$S1ON EXP~R£S MAR. 19, 1976
BONDED THRU GENERAL INSURANCE