29-73 ORDINANCE NO. 29-73.
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 MEDIUM INDUSTRIAL DISTRICT (MI) AND
PRESCRIBING THE USES PERMITTED THEREIN; AND
AMENDING SECTION 29-2 "DISTRICT AND BOUNDARIES"
TO INCLUDE THE NEW MI 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 Medium Industrial
District (MI); and
WHEREAS, the City Administration concurs in said recommendation;
and
WHEREAS, the City Council of the City of Delray Beach, Florida, has
determined thai 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. Thai lhe Code of the City of Delray Beach, Florida, as
amended, be further amended by adding the following section to Chapter 29
"Zoning"'
Section 29-7.01 MEDIUM INDUSTRIAL DISTRICT (MI)
(A) PURPOSE
The Medium Industrial District is intended to provide an area
for industrial or manufacturing plants, the operations of which
are not productive of objectionable odors, dust, noise, fumes,
smoke, gases, or vibrations.
(B) USES PERMITTED
(1) Any business or establishment of a wholesale or service
type.
(2) Automobile and paris facilities or yards, excluding new
or us ed car sales.
(3) Concrete block, redimix concrete and concrete products
manufacture.
(4) Contractors storage and equipment yards or buildings.
(5) Lumber, building supplies, millwork sales and storage.
(6) Storage warehouse.
(7) Trade shops including those of tinsmith, cabinetmaker,
truss manufacturing, sheet metal and roofing repair.
(8) Truck terminals and storage facilities.
(9) Any other medium industrial use, the operations of
which are not productive of objectionable odors, dust,
noise, fumes, smoke, gases, or vibrations.
(C) CONDITIONAL USES
As prescribed herein and 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 proposed use or uses are consistent with good
zoning practice, not contrary to the Land Use Plan, and not
detrimental to the health, safety, and general welfare of the
City, the following may be recommended to the City Council
as Conditional Us es.
(1) Any use permitted in the LI Light Industrial Zoning
District.
(2) Fertilizer sales, except compost heaps.
(3) ~eterinary clinics and kennels, no on site disposal of
carcass es.
(4) Laundry, dyeing and dry cleaning establishments (not
r et ail).
(D) BUILDING SITE AREA, AND LOT DIMENSIONS
No building or portion thereof shall be erected, constructed,
converted, established, altered, enlarged or used in any
Industrial District unless the premises and buildings shall
comply with the following regulations:
(1) Minimum Lot Dimensions
(a) Frontage 100 feet
(b) Width 100 feet
(c) Depth 200 feet
(d) Area 20,000 square feet
(2) Exceptions
(a) On curving streets and cul-de-sacs, the required
frontages of lots may be reduced by forty per
cent (40%) provided that the centerline radius
of the adjacent public street is one-hundred feet
(100~) or less.
(b) Any lot or parcel of record zoned Medium
Industrial which qualifies as a lot as set forth
in this Code and which does not comply in all
respects with the minimum lot dimensions
specified herein may nevertheless be used as
permitted and otherwise regulated by the
provisions applicable to this district.
(E) MINIMUM BUILDING SETBACKS
The following shall be the minimum building setbacks for all
buildings or structures permitted and described in this Section:
(1) Front 40 feet
(2) Rear 10 feet
(3) Side (Interior) 7.5 feet
(4) Side (Streel) 15 feet
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Ord. No. 29-73.
(F) MAXIMUM PERMITTED GROUND FLOOR BUILDING AREA
The total ground floor building area of all buildings
and structures shall not exceed fifty per cent (5f~/o)
of total lot area.
(G) MAXIMUM PERMITTED BUILDING HEIGHT
(1)No building or structure may be constructed to
a height exceeding thirty-five feet (35') .
(2) EXCEPTION
The provisions of this section regarding building
height shall not apply to: conveyors, cooling
towers, shafts, enclosures for mechanical equip-
ment, flag poles, radio and television towers,
tanks, bins and silos.
(H) PARKING AND LOADING REGULATIONS
See Section 29-7.3
(I) WALLS AND FENCES
In any MI Medium Industrial Zoning District, all walls,
fences, or similar structures erected on any lot or
parcel of land, shall conform to the following criteria..
(1) No wall, fence, or similar structure shall be
maintained within the area at any corner street
intersection at elevations the City Engineer de-
termines will obstruct visibility.
(2) Walls, fences, or similar structures shall not
contain any substance such as broken glass,
spikes, or nails. No electrically charged fence
shall be erected on any lot or parcel of land in
this zoning district.
(3) All areas devoted to the storage of equipment or
supplies shall be adequately screened with land-
scaping pursuant to the criteria stated in Chap-
ter 15C of this Code and shall further be enclose~
by a fence or wall at least six (6) feet in height,
but not to exceed twelve (12) feet in height.
No outdoor storage of merchandise, material or
equipment shall exceed the height of the enclos-
ing wall or fence or building, whichever provides
the best visual obstruction from a public right-
o f-way.
(J) BEAUTIFICATION AND LANDSCAPING
A landscape plan in conformance with Chapter 15C of
this Code showing location, type and size of all plant-
ings shall be submitted for review and approval by the
Beautification Committee.
-3-
Ord. No. 29-73.
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 "District and Boundaries" of Chapter 29 "Zoning"
to read as follows:
Sec. 29-2 Districts and boundaries - Desiqnated; zon-
ing map adopted; rules for determining
boundaries where uncertainty exists.
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 build-
ings; to classify, regulate and restrict the location
of trades and industries; and the location of build-
ings designed for specified industrial, business, res-
idential 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 D~strict
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
MI Medium Industrial District
HI 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 pro-
vided 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 or-
dinance 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 hereo~
as a whole or part thereof other than the part declared to be in-
valid.
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Ord. No. 29-73.
PASSED AND ADOPTED in regular session on second and final
reading on this the 13th day of November , 1973.
ATTEST:
City Cl~.~
First Reading. October 22, 1973.
Second Reading. November 13, 1973.
-5-
Ord. No. 29-73.
DELRAY BEACH NEWS-JOURNAL
Published Weekly
Delray Beach, Palm Beach County, Flor/da
PROOF OF PUBLICATION
STATE OF FLORIDA ~
COUNTY OF PALM BEACH
Before the undersigned authority personally appeared ..,.~...~..~.Y.....L.........,.~...O...o..d..?..~.. ................
who on oath says that he/s~l~ is ...... ~..~..~.~..s..~.e...r. ................................. o~ 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 a ~...O~.d._.C..~p.t/..o..n_...~.~..9..~.7..3. ....... so.~ ,, ~.
in the matter of .......~....e...n...d.i..n..q...C..h.~...t.e.~.._.2.9....~Zo.u±~g..'.. .............................................
in the ...................................................................... Court, was publ/shed in said newspaper in the
~.. ot ................. ..0_.c...t..o..h.e.r......2.~ ~......1.~.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 post office in De]ray Beach, in said
P,l~ 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 lass neither paid
nor promised any person, firm or corporation any discount, rebate, commission or refund
for the purpose of securing this advertisement for pubIic~af, ion ha the s~ahi ~a~wspaper.
Sworn to and sub~eibed before me this ........ ~..~...h... day of .... ,0...C...~...O....~..~...r..... A.D/19..7...3.
/ Stella L. Bnyd6r
NOTARY PUBLIC STATE OF t:LOR~O~ A~ L~I?GE
MY COMMISSION EXPIRES MAR. 19, 1976
BONDED THRU GENERAL INSURANCE UNDERWRI[EiJ~
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 .... ..~...~..~......L...........~..0...o...d..~..~ ...............
who on oath says that he/~e is .... P..~li~h~r. .................................. 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
in ~he m~. of ..Ame~d±r~...Ch~ptex_.29..._~Zo~±r~ ...............................................
in the ...................................................................... Court, was published in said newspaper in the
~.e~ of ................ ~.e. p,..'t.....eab..e.....r.....2..7.,,....Lg...7..3 ................................................................................
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 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 public.ion in the sahi newsl~aper.
.............
SWOrn to and s~d~bed before me this ...~.7...~'L ...... day of .~.~.J;.~II~.~... A.]~. 19..7.~
......................
/Stella L. ~n?d4r
NOTARY PUBLIC STATE OF I~..ORIDA AT LAROE MY COMMISSION EXPIRES MAR. 19, 1976