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21-72
ORDINANCE NO. 21-72. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ADOPTING A NEW ZONING ORDINANCE WHICH INCLUDES A NEW ZONING MAP BY REFERENCE, WHICH ELIMINATES DISTRICTS R-1, RM-1, RM-1A, RM-2, C-2 AND C-3, ADOPTS DISTRICTS RM-10, RM-15, RM-20, NC, CC, SC, LI, HI AND INTERIM, REDEFINES ALL OTHER DISTRICTS, ESTABLISHES NEW STANDARDS FOR OFF-STREET PARKING AND LOADING REGULATIONS INCLUDING ALL TRAILERS AND VEHICLES, PROVIDING FOR NON- CONFORMING PROPERTY AND MAKING IT UNLAWFUL TO VIOLATE ANY PROVISION THEREIN AND REPEALING CERTAIN SECTIONS OF THE PRESENT ZONING ORDINANCE IN CHAPTER 29. WHEREAS, the City Council of the City of Delray Beach, by Reso- lution No. 49-72, adopted a comprehensive plan for zoning the City of Delray Beach, pursuant to its Charter and general law; and, WHEREAS, the comprehensive plan is designed to lessen congestion in the streets; to secure safety from fire, panic, and other dangers; to promote health and the general welfare; to provide adequate light and air; to prevent the overcrowding of land; to avoid undue concen- tration of population; to facilitate the adequate provision of trans- portation, water, sewerage, schools, parks, and other public require- ments and to take into consideration, among other things, the character of the district and its peculiar suitability for particular uses, and with a view to conserving the value of buildings and encour- aging the most appropriate use of land throughout Delray Beach; and, WHEREAS, the City Council of the City of Delray Beach, deems it to be in the best interests of the City of Delray Beach to implement said plan to promote the health, safety, morals and general welfare of the inhabitants of the City and to promote the orderly growth and development of the City; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That Sections 29-1 through 29-7.10, 29-8.2, 29-8.3, 29-15, 29-16 and 29-17' of Chapter 29, Zoning Code of Ordinances of the City of Delray Beach are hereby repealed and of no effect. Section 2. That the following zoning ordinances are hereby adopted and shall be codefied in Chapter 29, Zoning, as follows: "Sec. 29-1. DEFINITIONS For the purposes of this ordinance, certain terms and words are defined as follows: (1) All words and their derivations used in the present tense shall include the future tense; all words in the singular number shall include the plural number; and all words in the plural number shall include the singular number unless the natural construction of the wording indicates otherwise; the words "used for" shall include the meaning "designed for;" the word "structure" shall include the word "building;" the word "lot" shall include the words "plot" and "tract" and the word "shall" is mandatory. (2) ACCESSORY BUILDING. A building the use of which is incidental to that of the main building and located on the same lot or parcel of land. (3) ACCESSORY BUILDING, ATTACHED. A building which has at least twenty-five (25) per cent of any wall common with a wall or por- tion of a wall of the main building, or is built as an integral part of the main building, or which is attached to the main build- ing by a roof, as by a breezeway. (4) ACCESSORY USE. A use incidental and subordinate to the principal use or building and located on the same lot or parcel of land with such principal use or building. (5) ALLEY. A roadway which affords only a secondary means of access to abutting property and not intended for general traffic circulation, both pedestrian and vehicular. (6) APARTMENT. See Dwelling, multiple. (7) APARTMENT HOTEL. A building designed for or containing both apartments and individual guest rooms or suites which may offer such services as are ordinarily furnished by hotels. (8) BOARD. The word "Board" shall be construed to mean the City Planning Board of Delray Beach as now constituted. (9) BOARDING (ROOMING) HOUSE. A dwelling having one kitchen and used for the purpose of providing meals or lodging or both for compensation to persons other than members of the family occupying each dwelling. (10) BUILDING. Any permanent structures designed or built for the support, shelter, or protection of persons, animals, chattels or property of any kind. (11) BUILDING, HEIGHT OF. The vertical distance measured from a point determined to be two and one-half (2 1/2) feet above the minimum elevation of the crown of the adjacent street (if more than one adjacent street then two and one-half (2 1/2) feet above the minimum elevation of the crown of the lowest adjacent street) to the ceiling of the highest floor or measured from the lowest finished grade to the ceiling of the highest floor, whichever results in a building of lower height, except that one and two- family residences, instead of being measured to the ceiling of the highest floor will be measured to the highest point of the roof for flat roofs; to the deck line of mansard roofs, and the mean height between the eaves and ridge for gable, hip or gambrel roofs. Residential floor heights in multiple family zoning districts means the verticle distance from top to top of two successive finished floor surfaces and shall not exceed ten (10) feet in height. (12) CARPORT. A roofed area open on one, two or three sides and attached to the main building, for the storage of one or more motor vehicles. (13) CLINIC. A clinic is an establishment where patients, who are not lodged overnight, except for observation or emergency treat- ment, are admitted for examination and treatment by one person or group of persons practicing any form of healing or health build- ing services to individuals, whether such persons be medical doctors, chiropractors, osteopaths, chiropodists, naturopaths, optometrists, dentists or any such profession the practice of which is lawful in the State of Florida. (14) CLUB. Buildings or facilities owned or operated by a corporation, association, person or persons, for a social, educational or recreational purpose, but not primarily for profit or to render a service which is customarily carried on as a business. (15) CLUSTER DEVELOPMENT. A group of dwelling units, single or multiple, developed around or throughout an open space area, which area is owned in common by all owners living within the specific area. (16) CONDITIONAL USE. A use or structure that would not be appropriate generally or without restriction throughout the zoning division or district but which, if controlled as to number, area, location or relation to the neighborhood, would promote the public health, safety, welfare, morals, order, comfort, convenience, prosperity or general welfare, such uses of structures are permitted in such zoning districts as conditional uses where specific provisions for such condition is made in the zoning ordinance. - 2 - Ord. 21-72 (17) DENSITY. In multi-family zones, density is the ratio of number of units in relation to the ground area. The ground area shall be computed by adding one-half (%) of the right- of-way abutting the property, but not to exceed fifty-three feet (53'), to the total area involved. (18) DWELLING. A building or portion thereof, but not an automo- bile house trailer, designed or used exclusively for residen- tial occupancy but not including hotels, lodginghouses or motels. (19) DWELLING, SINGLE ONE FAMILY. A building designed for or occupied exclusively by one family. (20) DWELLING, MULTIPLE (APARTMENTS). A building or buildings designed for occupancy by two or more families living inde- pendently of each other. (21) EFFICIENCY APARTMENT. A dwelling unit consisting principally of one room and alcoves, equipped with kitchenette and bath, designed and intended to be used as the temporary abode of transients and seasonal occupants. (22) FAMILY. One or more persons occupying a single dwelling unit, provided that unless all members are related by blood or marriage, no such family shall contain over five (5) persons, but further provided that domestic servants employed on the premises may be housed on the premises without being counted as a family or families. (23) FRONTAGE. The frontage of a lot or parcel is defined as the shortest property line adjacent to a public street. (24) GARAGE APARTMENT. An accessory building, not a part of or attached to the main building, where a portion thereof con- tains living facilities for not more than one (1) family and an enclosed space for one or more automobiles. (25) GARAGE, PRIVATE. A detached accessory building or a portion of a principal building for the storage of automobiles of the occupants of the premises. A private garage shall include carport. (26) GARAGE, STORAGE. Any building or portion thereof other than a private or mechanical garage, used exclusively for the park- ing or storage of motor vehicles. Services other than storage shall be limited to refueling, lubrication, washing and pol- ishing. (27) GRADE. (a) For buildings adjoining one street only, the elevation of the sidewalk at the center of the wall adjoining the street. (b) For buildings adjoining more than one street, the average of the elevations of the sidewalk at the centers of all walls adjoining streets. (c) For buildings having no wall adjoining the street, the average level of the finished surface of the ground adjacent to the exterior walls of the building. - 3 - Ord. 21-72 (28) GUEST COTTAGE. A guest cottage is a building occupying not more than 1/20 of the area of the lot on which it is situ- ated and which is used exclusively for housing members of the family occupying the principal dwelling or their nonpay- ing guests, the maximum area not to exceed seven hundred (700) square feet and complying with the general building height and yard regulations for main buildings. (29) GUEST HOUSE. Any dwelling, in which rooms are rented for the temporary care or lodging of transients and travelers for compensation and so advertised to the public. (30) HOME OCCUPATION. Any occupation in connection with which there is kept no stock in trade nor commodity sold upon the premises, no person employed other than a member of the immediate family residing upon the premises, and no mechani- cal equipment used except such as is permissible for purely domestic or household purposes; and in connection with which there is used no sign other than an unlighted nameplate not more than one (1) square foot in area, nor display that will indicate from the exterior that the building is being utilized in part for any purpose other than that of a dwell- ing. (31) HOTEL. A building or other structure kept, used, maintained, advertised as or held out to the public to be a place where sleeping accommodations are supplied for pay to transient or permanent guests or tenants, in which ten or more rooms are furnished for the accommodation of such guests; and having or not having one or more dining rooms, restaurants or cafes where meals or lunches are served to transient or permanent guests, such sleeping accommodations and dining rooms, restau- rants or cafes, if existing, being conducted in the same building or buildings in connection herewith. (32) LAUNDRY, SELF-SERVICE. A business rendering a retail service by renting to the individual customer equipment for the wash- ing and drying of laundry. (33) LOADING SPACE. A space on the lot or parcel of land accessi- ble to an alley or street not less than twelve feet (12') in width, thirty feet (30') in depth and fourteen feet (14') in height. (34) LOT. A parcel of land occupied or intended for occupancy by one main building together with its accessory buildings; including the open spaces and parking spaces required by this ordinance. For the purpose of this ordinance the word "lot" shall be taken to mean any number of contiguous lots or por- tions thereof, upon which one or more main structures for a single use is to be erected. (35) LOTS OR PARCELS FRONTING THE OCEAN OR INTRACOASTAL WATERWAY. Lots fronting the ocean or intracoastal waterway which include all lots or parcels of land abutting A1A and lying west of the Municipal Beach between Beach Drive and Casuarina Road; also all other lots or parcels having property lines abutting the ocean or the intracoastal waterway. (36) LOT OF RECORD. A lot which is a part of a subdivision, the map of which has been recorded in the Office of the Clerk of the Circuit Court of Palm Beach County, Florida. -4 - Ord. 21-72 (37) LOT, CORNER. A lot abutting upon two (2) or more streets at their intersection. (38) LOT DEPTH. The depth of a lot is the distance measured in the mean direction of the side lines of the lot from the mid- point of the front lot line to the midpoint of the opposite main rear line of the lot. (39) LOT, DOUBLE FRONTAGE. A lot having a frontage on two (2) non-intersecting streets, as distinguished from a corner lot. (40) LOT, INTERIOR. A lot other than a corner lot. (41) LOT WIDTH. The mean horizontal distance between the side lines of the lot measured at right angles to the depth. (42) MOTEL. A group of attached guest rooms or apartments with- out housekeeping facilities, with automobile storage or parking space provided in connection therewith, designed and used primarily by automobile transients. (43) NONCONFORMING USE. A building or the use of a building, or land, that does not conform to the regulations of the Use District in which it is located. (44) NURSING (CONVALESCENT) HOME. A home for the aged, chroni- cally ill or incurable persons in which three (3) or more persons not of the immediate family are received, kept or provided with food and shelter or care for compensation; but not including hospitals, clinics or similar institutions devoted primarily to the diagnosis and treatment of the sick or injured. (45) PARKING LOT. An open area which is used for the parking of automobiles. (46) PARKING SPACE. A surfaced area, enclosed or unenclosed, sufficient in size to store one (1) automobile, together with a driveway connecting the parking space with a street or alley and permitting ingress and egress of an automobile. (47) RESIDENCE. Any property used as a dwelling. (48) SHOPPING CENTER. A group of retail stores planned and developed for the site upon which they are built as a unit. (49) STORY. That portion of a building included between the sur- face of any floor and the surface of the next floor above it, or if there be no floor above it, then the space between such floor and the ceiling next above it. (50) STORY, HALF. A story under a gabled, hipped or gambrel roof the wall plates of which on at least two (2) opposite exteri- or walls are not more than three feet (3') above the finished floor of such story. (51) STREET. A public thoroughfare which affords principal means of access to abutting property. (52) STREET LINE. A dividing line between land and a contiguous street. - 5 - Ord. 21-72 (53) STRUCTURE. Anything which is built or constructed, an edifice or building of any kind, or any piece of work artificially built up or composed of parts joined together in some definite manner. The term "structure" shall be construed as if followed by the words "or parts thereof" whether above or below ground. (54) STRUCTURAL ALTERATIONS. Any change in the supporting mem- bers of a building such as bearing walls, bearing partitions, columns, beams or girders, or any complete rebuilding of the roof or the exterior walls. (55) SUBDIVISION. A division of land into two (2) or more lots, plots, or sites. (56) TRAILER SALES. A place where trailer coaches (mobile homes) are stores and/or displayed for sale, either upon an open tract or parcel of land or building or both. (57) USED CAR LOT. A lot or group of contiguous lots used for the storage, display and sales of used automobiles and where no repair work is done except the necessary reconditioning of the cars to be displayed and sold on the premises. (58) USED CAR JUNKYARD. A lot or group of contiguous lots used for the dismantling or wrecking of used automobiles or the storage, sale or dumping of dismantled or wrecked cars or their parts. (59) VETERINARY CLINIC. A clinic or hospital facility for treat- ment of animals and pets operated by a licensed veterinarian. (60) YARD. An open space on the same lot with a building, un- occupied and unobstructed from the ground upward,except by trees or shrubbery or as otherwise provided herein. (61) YARD, FRONT. A yard across the full width of the lot, extend- ing from the front line of the building to the front line of the lot, excluding steps. (62) YARD, REAR. A yard extending across the rear of a lot meas- ured between lot lines and being the minimum horizontal distance between the rear lot line and the rear of the main building or any projections other than steps, unenclosed balconies or unenclosed porches. On corner lots the rear yard shall be considered as parallel to the street upon which the lot has its least dimension. On both corner and interior lots the rear yard shall in all cases be at the opposite end of the lot from the front yard. (63) YARD, SIDE. A yard between the building and the side line of the lot and extending from the front lot line to the rear lot line. - 6 - Ord. 21-72 Sec. 29-2 Districts and boundaries - Designated; zoning map adopted; rules for determining boundaries W~ere 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 buildings; to classify, regulate 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-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 C-1 Limited Commercial District LI Light Industrial District HI Heavy Industrial District INTERIM Interim Zoning District The boundaries of the districts are shown upon the map accompany- ing this ordinance sections (29-1--29-7.10) and made a part thereof, and entitled "Zoning Map of Delray Beach, Florida, 1972." The Zoning Map and all the notations, references and other information shown there- on are a part of this ordinance (sections 29-1--29-7.10) and have the same force and affect as if such information set forth on the map were all fully described and set out herein. This Zoning Map properly attested is on file in the Office of the City Clerk. In the creation, by this ordinance, (sections 29-1--29-7.10) of the respective districts, the Council has given due and careful consid- eration to the peculiar suitability of each and every such district for the particular regulations applied thereto and the necessary proper and comprehensive groupings and arrangements of the various uses and densities of population in accordance with a well considered plan for the development of the City. Interim Zone applies to all property being taken for 1-95 Inter- state right-of-way purposes as shown on the official Department of Transportation right-of-way maps. Interim Zone is an overlay district in which the present zoning is applicable for a period of two years or until the property is taken, whichever occurs first. No building permits will be issued without Council authorization during that period of time; after which, these districts shall be converted to those zoning districts in conformance with the adopted Land Use Plan. The boundaries of such districts as are shown upon the map adopted by this ordinance (sections 29-1--29-7.10) or amendment thereto, are hereby adopted and approved and the regulations of this ordinance (sections 29-1--29-7.10) governing the use of land and buildings and other matters as hereinafter set forth, are hereby established and declared to be in effect upon all land included within the boundaries of each and every district shown upon said map. Where uncertainty exists as to boundaries of any district shown on said map the following rules shall apply: (1) Where such district boundaries are indicated as approximately following street lines, alley lines or lot lines, such lines shall be construed to be such boundaries. (2) In unsubdivided property or where a district boundary divides a lot, the location of such boundary, unless the same is indicated by dimensions, shall be determined by the use of - 7 - Ord. 21-72 the scale appearing on the original map. Where a district boundary divides a lot, the zone classi- fication of the greater portion shall prevail throughout the lot. (3) In case any further uncertainty exists, the Council shall interpret the intent of the map as to the location of such boundaries. (4) Where any street or alley is hereafter officially vacated or abandoned, the regulations applicable to each parcel of abutting property shall apply to that portion of such street or alley added thereto by virtue of such vacation or abandonment. (5) Territory which may hereafter be annexed to the City of Delray Beach shall be classified in the R-1AA Single Family Dwelling District until otherwise changed by ordi- nance as provided herein; or unless the Council shall otherwise provide in the ordinance of annexation. Sec. 29-3. General Provisions and Exceptions. (A) THESE ORDINANCES SHALL BE SUBJECT TO THE FOLLOWING PROVISIONS AND EXCEPTIONS: (1) Where the following are not part of the principal struc- ture, chimneys, water, fire, radio, television towers, church spires, domes, cupolas, cooling towers, smokestacks, flagpoles, and similar structures and their necessary mechanical appurtenances may be erected above the height limits herein established after approval by conditional use procedure. (2) On double frontage lots, the required front yard shall be provided on each street. (3) Each residential building shall be located on a lot or parcel of land which provides frontage on a public street. (4) Temporary buildings used in conjunction with construction work only may be permitted in any district. (5) To further clarify the definition of structure as applied to all districts and boundaries, the following shall apply except that corner lots shall be controlled by other ordinances: (a) The following structures shall be permitted in front, rear, or side setbacks as provided in this ordinance in any zone: (aa) Planter walls--not to exceed 3 feet in height. (bb) Lot line walls--not to exceed 6 feet in height. (cc) Fences--not to exceed 6 feet in height. (dd) House eaves--not to exceed 3-foot overhang. (ee) Steps and platforms to the principal build- ing--not to exceed 3-foOt height.. (ff) Barbecue pits - 6' x 6: - 8 - Ord. 21-72 (gg) Rock gardens. (hh) Fish or lily ponds--18-inch maximum depth. (ii) Pump housing--not to exceed 3 feet in height. (b) Other structures similar to the above shall require application to the Building Inspector. (6) Along Ocean Boulevard (State Road A1A) a building setback of twenty-five (25) feet shall be observed from the so- called "Brockway Line" (as appears in Plat Book 20, Page 4, Public Records of Palm Beach County, Florida) except that said "Brockway Line" shall be the building line for Lots 1 through 7 inclusive, Block 1, Ocean Park, as shown on Plat Book 5, Page 15 of the Public Records of Palm Beach County, Florida. (a) Setback lines shall be established on both sides of West Atlantic Avenue sixty-eight (68) feet from the center line thereof, from Swinton Avenue to the city limits, and no structures shall be erected, altered or reconstructed within the area between such set- back lines. Where a lawful structure exists, at the effective date of adoption or amendment of this paragraph, that could not be built under the terms of this paragraph by reason of the new setback re- quirement for buildings from Swinton Avenue to the city limits, such structure may be continued as long as it remains lawful, subject to the following provisions: (aa) No such structure may be enlarged or altered in a way which increases its nonconformity. Should such structure be destroyed by any means to an extent of more than fifty per cent (50%) of its replacement cost at time of destruction, it shall not be reconstructed except in conformity with the provisions of paragraph (A) (6) (a). This regulation shall not be interpreted to require a setback of more than sixty-eight (68) feet from the center line of West Atlantic Avenue. (b) Within the residential district along the west side of Southwest Eighth Avenue between West Atlantic Avenue and Southwest First Street, all buildings shall be set back not less than fifty feet (50') from the east property line, and no structure shall be erected, altered or reconstructed within the area between such setback line and the west right- of-way line of Southwest Eighth Avenue. (7) Along the Federal Highway (U.S. 1) the following setback provisions shall be conformed to: (a) Along East Fifth Avenue and along East Sixth Avenue, within the corporate limits of the city, a setback distance for the construction and erection of build- ings and improvements be and the same is hereby fixed at a distance of forty (40) feet east and - 9 - Ord. 21-72 west of the respective center lines of said thor- oughfares, as the same are now located and estab- lished. This setback line shall hereinafter be re- ferred to as the "building setback line." (b) For the purposes of this section, the "street line" or "property line" is deemed as being fixed and established at a distance of thirty (30) feet east and west of the respective center lines of said Fifth Avenue and Sixth Avenue in the city. (c) No obstruction of any kind or nature, whether tem- porary or permanent, artificial or natural, tran- sitory or otherwise, shall be permitted within the area between the street line, as located thirty (30) feet from the center line of said thoroughfares and the building setback line, as herein established forty (40) feet from the center line of said thor- oughfares, except that canopies and marquees will be permitted to be placed over this ten (10) foot strip. Shrubbery may also be planted in this ten (10) foot strip, but shall not exceed three (3) feet in height. The planting of trees in this ten (10) foot strip is also permitted, but is subject to regulation by the City Engineer to make certain that proper vision is maintained at intersections and so that the public welfare and safety may be protected. (d) In clarification of this section and not by way of limitation, it is intended there shall be no parking of vehicles within said ten (10) foot strip at any time, no fuel pumps, no merchandise for sale or display (including all types of vehicles), and no signs of any kind. (e) Residences, tourist courts, motels and hotels shall be governed by the setbacks established in their respective zones now provided for in this chapter, except that no setback shall be less than herein provided for. (f) N.W. Fourth from Swinton Ave. West to city limits. (aa) The center line of Northwest 4th Street in Delray Beach, running from Swinton Avenue in said City west to the corporate limits, be and the same is hereby located, fixed, re- located, a~d established to center upon and coincide with the section line between Sections 8 and 17 in Township 46 South, Range 43 East, irrespective of present paving or improvements, for that portion of said street lying between the center line of Swinton Avenue and the center line of Northwest 4th Avenue, and thence from the center line of said Northwest 4th Avenue west to the corporate limits to co- incide with the center line of Northwest 4th Street as shown upon that certain plat pre- pared by Brockway, Weber and Brockway, dated September, 1955, entitled "Proposed Boulevard through South Half of Section 8, Township 46 South, Range 43 East, Palm Beach County, - 10 - Ord. 21-72 Florida," being File No. TF-1565-A, a copy of which is attached hereto and made a part hereof. (bb) The setback distance for the construction and erection of buildings and improvements from the center line of said Northwest 4th Street, as hereinabove located and establish- ed, beginning at Swinton Avenue and running west to the city limits, be and the same is hereby fixed at a distance of sixty-five (65) feet north and south thereof, respectively. (cc) Any buildings, improvements or facilities now existing adjacent to said Northwest 4th Street which are located within distances less than the above specified setback be and same are hereby classified as nonconforming uses, and if any such existing building is here- after extended, converted, reconstructed or remodeled so as to change the locations and reconstruction shall be made to conform to the above and foregoing setback requirements. (g) N.E. Fourth between Swinton Avenue and N. E. Sixth Avenue. (aa) There is established an eighty (80) foot ultimate right-of-way on N. E. Fourth Street, between Swinton Avenue and N. E. Sixth Avenue, said right-of-way to be measured from the existing center line of N. E. Fourth Street, being the forty (40) feet North and the forty (40) feet South from said center line. There shall be no building permits issued which would conflict with this ultimate right-of- way. (h) N.E. Eighth between N. E. Fifth Avenue and Palm Trail. (aa) The setback line along that portion of N. E. Eighth Street lying between N. E. Fifth Avenue and Palm Trail shall be forty-three (43) feet from the existing center line. (i) Germantown Road between State Road 809 and State Road A1A (aa) Setback lines shall be established sixty- eight (68) feet on both sides of the center line described as follows: Beginning at a point on the west line of Section 24, Town- ship 46 South, Range 42 East (being the center line of SR-809), said point lying 53 feet north of and at right angles to the South line of said Section 24, Township 46 South, Range 42 East; thence run in an easterly di- rection parallel with and 53 feet north of the south line of Section 24, Township 46 South, Range 42 East and the south line of Section 19, Township 46 South, Range 43 East, said point being the beginning of a 3© curve, - 11 - Ord. 21-72 concave to the south, having a central angle of 6© 30' 43" and a radius of 1910.08 feet; thence in a southeasterly direction 217.10 feet along the arc of said curve to the end of said curve; thence continue in a southeaster- ly direction 250 feet along a line created by the extension of the tangent of above men- tioned curve, to the beginning of a curve concave to the north, having a central angle of 6© 30' 43" and a radius of 1910.08 feet; thence 217.10 feet along the arc of said curve in an easterly direction to the end of said curve, with the end of said curve being a point on the south line of said Section 19, Township 46 South, Range 43 East, lying 1386.68 feet west of the aforementioned southeast corner of said Section 19, Township 46 South, Range 43 East; thence in an easterly direction along the south line of Sections 19, 20 and 21, Township 46 South, Range 43 East, to the center line of State Road A1A and the end of herein described center line of right-of-way description; with all of Lots 33, 34 and 35 in Del-Harbour Subdivision, as appear on plat thereof in Plat Book 25, page 148 in the Public Records of Palm Beach County, Florida, being considered a part of this herein right- of-way description. (8) In the C-1 General Commercial District, within one hundred (100) feet of the Florida East Coast Railway right-of-way between North Fourth Street and South Fourth Street the following uses will be permitted: (a) Warehouses (b) Trade shops, except that any person, firm or cor- poration conducting such a business in the afore- described area shall be required to provide one off- street parking space for each person employed on the premises. (c) Walled storage of 2,500 square feet, minimum area, with eight (8) foot solid walls surrounding it. Access openings shall be fitted with solid gates. Sec. 29-4. R-iAAA, R-1AAAB, R-1AA, R-1AAB and R-lA Sinqle Family Dwelling Districts. (A) PURPOSE These districts are created in order to provide desirable restrictive residential districts. Land areas placed in these classifications are intended as single family areas that will be developed at low population densities. (B) USES PERMITTED Within any R-iAAA, R-1AAAB, R-1AA, R-1AAB and R-lA Single Family Dwelling District, no building, structure or land or water shall be used except for one or more of the following uses: (1) Single family dwellings and their customary accessory uses and structures. - 12 - Ord. 21-72 (2) In R-1AA and R-lA Home Occupations as defined in Sec. 29-1. (C) CONDITIONAL USES When after review of an application and plans appurtenant thereto and hearing thereon, the Planning Board finds as a fact that the proposed 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 may be recommended to the City Council as permitted uses in the R-1AAA, R-1AAAB, R-1AA, R-1AAB and'R-lA Single Family Dwelling Districts. (a) Public schools, nursery schools and kindergartens. (b) Libraries, community center buildings, public museums. (c) Churches and their attendant educational ~nd recre- ational facilities. (d) Public utilities. (e) Membership clubs catering exclusively to members and their guests, lodges and fraternal assembly quarters. (f) Golf courses, swimming and tennis clubs, and similar recreational facilities as principal uses when used as public facility or a private club. All of the above conditional uses may be allowed subject to compliance with Section 29-7.4. Any review of an application or plan shall consider the character of the neighborhood in which the proposed use is to be located and its effect on the value of surrounding lands, and further, the area of the site as it relates particularly to the required open spaces and off-street parking facilities. (D) BUILDING HEIGHT REGULATIONS No building or structure shall exceed thirty-five feet (35') in height, except as provided in section 29-7.4. (E) MINIMUM BUILDING SITE AREA AND LOT DIMENSIONS District Lot Area Lot Width / Frontage Lot Depth R-1AAA, R-1AAAB 12,500 sq. ft. 100 feet 100 feet 110 feet R-1AA 9,500 sq. ft. 75*/95** 75*/95** 100 feet R-1AAB 9,000 sq. ft. 90 feet 90 feet 100 feet R-lA 7,500 sq. ft. 60*/80** 60*/80** 100 feet * Interior Lots ** Corner Lots (1) Where a lot or parcel of land has an area, width or depth less than the above and was a lot of record at the time of the adoption of this ordinance, said lot may be used for a single family dwelling provided the minimum yard require- ments as set forth herein are conformed with. (2) The frontage of a lot or parcel is defined as the shortest property line adjacent to a public street. (3) On curving street and cul-de-sac, the required frontages of lots may be reduced by forty per cent (4~/o), provided - 13 - Ord. 21-72 that the center line radius of the adjacent public street is one hundred (100) feet or less. (F) MINIMUM YARD REGULATIONS AND MINIMUM AGGREGATE FLOOR AREAS REQUIRED Side District Front Rear Interior-Street Floor Area R-1AAA 35 12 12 17 2,200 sq. ft. R-1AAAB 35 12 12 17 1,500 sq. ft. R-1AA 30 10 10 15 1,500 sq. ft. R-1AAB 25 25 8% 20 1,500 sq. ft. R-lA 25 10 7% 15 1,000 sq. ft. (1) On "through" lots with frontage on two streets, the required front yards shall be provided on both streets, unless access rights have been relinquished to and accepted by the City of Delray Beach, then the rear yard standard for that zone shall be applicable. (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 and street side yards shall be measured from the special setback line on the property. (3) The minimum aggregate floor area is the total floor area of a building, exclusive of terraces and unroofed areas, includ- ing fifty (50) per cent of attached garages, carports and screened porches. Screen top patios are considered unroofed areas. (4) Zero lot line in R-1AA and R-lA subject to compliance with Section 29-7.4. On any two or more lots which meet the minimum area dimensions herein the structure may be placed contiguous to the interior property line common to its ownership provided, however, that the sum of the two required side yards exists on the opposite side of the common interior property line. No openings of any kind shall be permitted on the interior property line wall, which wall shall be of fire wall construction. (G) OFF-STREET PARKING REQUIREMENTS See Sec. 29-7.3. (H) ACCESSORY BUILDING REQUIREMENTS (1) Accessory buildings shall not be located within any of the required yards as defined in paragraph (F) above. (2) Where the accessory building is attached to the principal building or connected thereby with a breezeway, the side yard shall be measured from the outer wall thereof. (3) No garage or other accessory building shall be erected before the principal building is under construction to the point of being fully enclosed. Sec. 29-5. RM-10 and RM-15 MULTIPLE FAMILY DWELLING DISTRICTS. (A) PURPOSE (1) RM-10. The purpose of this zoning district is to provide a low density multi-family residential category, which will be compatible with more restrictive, lower density, single- family residential and will exhibit a pronounced architec- tural relationship with adjacent more restrictive zoning districts. - 14 - Ord. 21-72 (2) RM-15. The purpose of this zoning district is to provide a medium-low multiple family dwelling district compatible with more restrictive zoning districts and serving as a tran- sitional buffer. (B) USES PERMITTED IN RM--10 or 15 Within any RM-10 or 15 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. (Cf COb~ITIONAL USES PERMITTED FOR RM-10 or 15 As prescribed in Section 29-7.4, and after the review of the application and plans appurtenant thereto and hearing thereon, the Planning Board finds as a fact that the proposed 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-10 and 15 Multiple Family Dwelling Districts: (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, 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 a private club. (7) Doctors' offices. (D) ADDITIONAL CONDITIONAL USES PERMITTED IN RM-15 (1) 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 restaurants, delicatessens and such personal services as beauty shops, barber shops, and drug stores. (2) Hospitals. (3) Broadcasting facilities. (E) MINIMUM BUILDING SITE AREA AND DENSITY COMPUTATION (1) Minimum Lot or Parcel of Land RM-~0 RM-15 First two (2) units 6,000 sq. ft. First three (3) units 8,000 sq. ft. Each Additional Unit 4,600 sq. ft. 2,900 sq. ft. Maximum Floors 2 residential 5 residential floors floors (2) Minimum Lot Dimensions RM-10 RM-15 (a) Front 60 ft. 60 ft. (b) Width 60 ft. 60 ft. (c) Depth 100 ft. 100 ft. (d) Area (sq. ft.) 6,000 sq. ft. 8,000 sq. ft. - 15 - Ord. 21-72 (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. (F) 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 square feet (2) One Bedroom Apartment 600 square feet (3) Two Bedroom Apartment 900 square feet (4) Three Bedroom Apartment 1,150 square feet (5) Four Bedroom Apartment 1,350 square feet (A minimum of two (2) bathrooms is required in four bedroom multiple family dwelling units. ) (G) MINIMUM BUILDING SETBACKS BY RESIDENTIAL FLOORS (1) The following shall be the minimum building setbacks for all multiple family structures permitted and described in this Section: ( RM-15 ) (, ) ( RM-10 ) ) ( ) ) ( 1-2 ) 3 4-5 ) ( ) ) (a) Front ( 25 feet) 25 feet 30 feet ) ( ) ) (b) Side (interior) ( 15 feet) 25 feet 25 feet ) ( ) ) (c) Side (street) ( 25 feet) 25 feet 25 feet ) ( ) ) (d) Rear ( 25 feet) 25 feet 25 feet ) (2) All setbacks shall be measured from the street right-of- way line, and where special setback lines have been estab- lished on any street or highway for street widening purposes, front and street side yards shall be measured from the special se%back line on the property. (3) Swimming pools in RM-10 and 15 may be permitted in any yard provided that they comply with ordinance Sec. 17-28.1 and comply with the setback lines. (4) Single family residences will be permitted to observe the setbacks set forth for the R-1AA district. (H~ MAXIMUM PERMITTED GROUND FLOOR BUILDING AREA The total ground floor building area of all buildings and struc- tures shall not exceed forty (40) per cent of the total lot area. (I) MAXIMUM PERMITTED BUILDING HEIGHT (1) RM-10. No building or structure may be constructed to a height exceeding two residential floors or in the case of a recreational building not higher than the highest principal residential buildings. - 16 - Ord. 21-72 (2) RM-15. No building or structure may be constructed to a height exceeding two (2) residential floors, or in the case of a recreational building not higher than the highest principal residential buildings, unless approved as pro- vided by the Site Plan Procedure. In no case shall a build- ing or structure exceed five (5) residential floors. (J) ON-SITE PARKING REGULATIONS See Sec. 29-7.3. (K) ACCESSORY BUILDING REQUIREMENTS FOR RM-10 and 15 For all accessory structures, the following requirements shall be observed: (1) All 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. (L) WALLS AND FENCES FOR RM-10 and 15 (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 exceed 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. Sec. 29-5.1. RM-20 Multiple Family Dwelling District . (A) PURPOSE RM-20. The purpose of this zoning district is to provide a residential density which encourages a vertical structural form compatible with locations adjacent to the core area as well as other intense commercial activity and which is adequately serviced by traffic arteries. (B) USES PERMITTED FOR RM-20 Within any RM-20 Multiple Family Dwelling District, no building, structure, land or water shall be used except for one or more of the following uses: (1) Multiple Family projects containing eight (8) or less dwellings units in one or more structures. (C) CONDITIONAL USES FOR RM-20 As prescribed in Section 29-7.4 and after the review and hearing - 17 - Ord. 21-72 thereon, the Planning Board finds as a fact that the proposed 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-20 Multiple Family Dwelling District : (1) Multiple Family projects containing nine or more dwelling units in a project of one or more structures and their attendant recreational and sales facilities. (2) 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 con- tained therein, exclusive of vehicular parking and service areas and limited to such uses as restaurants, delicatessens and such personal services as beauty shops, barber shops, drug stores, professional and business offices. (3) Schools, nursery schools and kindergartens. (4) Libraries, community center buildings, public museums. (5) Churches and their attendant educational and recreational facilities. (6) Public utilities (excluding equipment and material storage yards). (7) Golf courses, swimming and tennis clubs, and similar recre- ational facilities as principal uses when used as a public facility or a private club. (8) Doctors' offices. (9) Hospitals. (10) Broadcasting facilities. (11) Office buildings. (D) MINIMUM BUILDING SITE AREA AND DENSITY COMPUTATION (1) Minimum Lot or Parcel of Land RM-20 First four (4) units 20,000 sq. ft. Each additional unit 1,500 sq. ft. Maximum floors 7 residential floors (2) Minimum Lot Dimensions RM-20 (a) Front 150 ft. (b) Width 150 ft. (c) Depth 120 ft. (d) Area (sq. ft.) 20,000 sq. ft. (3) Exceptions for RM-20 (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 and are not less than fifty (50) feet but contain a minimum lot area of 8,000 sq. ft., two dwelling units shall be permitted and side yards shall be as provided for in 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 Apartment 400 sq. ft. (2) One Bedroom Apartment 600 sq. ft. - 18 - Ord. 21-72 (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 BY RESIDENTIAL FLOORS (1) The following shall be the minimum building setbacks for all multiple family structures permitted and described in this Section: ( RM-20 ) ( ) ( 1-2 3 4-5 6 7 ) ( ) (a) Front ( 25' 25' 30' 30' 30') ( ) (b) Side (interior) ( 15 ' 25' 25' 30' 30' ) ( ) (c) Side (street) ( 25' 25' 25' 30' 35') ( ) (d) Rear ( 25' 25' 25' 30' 30') (2) Ail setbacks for RM-20 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 and street side yards shall be measured from the special setback line on the property. (3) Swimming pools in RM-20 may be permitted in any yard provided that they comply with ordinance Sec. 17-28.1 and comply with the setback lines. (G) MAXIMUM PERMITTED GROUND FLOOR BUILDING AREA FOR RM-20 The total ground floor building area of all buildings and struo- tures shall not exceed forty (40) per cent of the total lot area. (H}' MAXIMUM PERMITTED BUILDING HEIGHT FOR RM-20 ~ (1) The following shall be the Maximum Building Height permitted: (a) No building or structure may be constructed to a height exceeding two (2) residential floors, or in the case of a recreational building not higher than the highest principal residential buildings, unless approved as provided by the Site Plan Permit. In no case shall a building or structure exceed seven (7) residential floors for RM-20. (I) ON-SITE PARKING REGULATIONS FOR RM-20 See Section 29-7.3. (1) 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, at least the minimum number of parking spaces as provided herein and adequate provisions for the ingress and egress of automotive traffic, including public safety vehicles. (J) ACCESSORY BUILDING REQUIREMENTS FOR RM-20 For all accessory structures, the following requirements shall be observed: (1) All 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 - 19 - Ord. 21-72 point of being fully enclosed, except where specifically permitted by the Site Plan Permit. (K) WALLS AND FENCES FOR RM-20 (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 exceed four (4) feet in height above established lot grade and may be maintained within a required front yard area subject to compliance with visual controls for traffic requirements. (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 ma- terials 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 district's. Sec. 29-6. .~EI~HBORHOOD COMMERCIAL DISTRICT (NC) (A) PURPOSE The purpose of this zoning district is to provide a limited commercial facility of a convenience nature, servicing the residential neighborhoods within a three-quarter (3/4) mile radius. (B) USES PERMITTED Within any Neighborhood Commercial District, no building, structure, land or water shall be used except for one or more of the following uses: (1) Retail newsstand. (2) Retail bakery. (3) Barbershop and other personal services. (C) CONDITIONAL USE 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 Board finds as a fact that the proposed use or uses are consistent with good zoning practice, not con- trary 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 Planned Neighborhood Commercial Development: (1) MINIMUM BUILDING SITE AREA The development shall consist of a contiguous area of not less than four (4) acres but not more than eight (8) acres and shall be planned and developed as a single entity. (2) USES AUTHORIZED (a) Service stations without major repairs. (b) Retail food and grocery store. (c) Retail hardware, paint and garden supplies. (d) Retail drugstore. (e) Retail florist. (f) Laundry and dry-cleaning pick-up stations. - 20 - Ord. 21-72 (g) Laundromat and self-service dry cleaning (D) MINIMUm4 BUILDING SITE AREA AND LOT DIMENSIONS No building or portion thereof shall be erected, constructed, converted, established, altered, enlarged or used in any Neighborhood Commercial District unless the premises and build- ings shall comply with the following regulations: (1) MINIMUM LOT DIMENSIONS AND AREA (a) Frontage 200 feet (b) Width 200 feet (c) Depth 300 feet (d) Area 60,000 square feet (2) EXCEPTION Any lot or parcel of record zoned Neighborhood Commercial 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) MINIMUM BUILDING SETBACKS (a) Front 80 feet (b) Side (interior) 40 feet (c) Side (street) 40 feet (d) Rear 80 feet (2) EXCEPTION If there exists a commercial use on the adjoining lot or parcel, the interior side yard on the common property line may be reduced to not less than twenty feet (20') unless a Unity of Title has been filed. (F) MAXIMUM PERMITTED GROUND FLOOR BUILDING AREA The total ground floor building area of all buildings and structures shall not exceed forty per cent (40%) of the total lot area. (G) MAXIMUM PERMITTED TOTAL FLOOR AREA The total area of all the floors of all buildings and structures included within the surrounding walls shall not exceed forty-five per cent (45%) of the total lot area. (H) MAXIMUM BUILDING HEIGHT No building or structure may be erected, constructed, con- verted, established, altered, or enlarged to a height exceeding thirty-five feet (35'). (I) MINIMUM OFF-STREET PARKING REQUIREMENT See Sec. 29-7.3. (J) WALLS AND FENCES In any Neighborhood Commercial District, no fence, wall structure or hedge shall be maintained within the area at any corner street intersection at heights the City Engineer determines will obstruct visibility from a right-of-way. (1) Walls and fences erected on all lots in this district shall conform to the following criteria: (a) Walls, fences, or similar structures erected in any Neighborhood Commercial 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 this district. - 21 - Ord. 21-72 (b) Ail areas devoted to the storage of equipment or supplies shall be adequately screened with land- scaping pursuant to the criteria stated in Chapter 15C of this Code and shall further be enclosed 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 enclosing wall or fence or building whichever provides the best visual obstruc- tion from a public right-of-way. Sec. 29-6.1. COMMUNITY COMMERCIAL DI.STRICT (~Cc) . (A) PURPOSE The purpose of this zoning district is to encourage the development of an intensive retail commercial facility, providing a wide range of goods and services, located adjoining at least one major arterial, and servicing a two (2) mile radius, (B) USES PERMITTED Within any Community Commercial District, no building, structure, land or water shall be used except for one or more of the following uses: (1) Retail hardware, paint and garden supplies. (2) Retail bakery and confectionary. (3) Barbershop and other personal services. (4) Retail newsstand and bookstore. (5) Art store. (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 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 a Planned Community Commercial Development: (1) Minimum Building Site Area. The development shall consist of a contiguous area of not less than ten (10) acres but not more than twenty (20) acres and shall be planned and developed as a single entity. (2) Uses Authorized (a) Service stations without major repairs. (b) Retail food and grocery store. (c) Retail drugstore. (d) Florist. (e) Banks, including drive-in bank. (f) Appliance stores, including servicing. (g) Business offices. (h) Bicycle sales and repairs. (i) Cafe, delicatessen. (j) Retail hardware, paint and garden supplies. (k) Laundromat and self-service dry-cleaning. (1) Furniture store. (m) Office furniture and supplies. - 22 - Ord. 21-72 (n) Stationery and gift stores. (o) Home furnishings. (p) Ice cream parlor. (q) Jewelry store. (r) Laundry and dry-cleaning pick-up stations. (s) Luggage stores and leather goods. (t) Music store. (u) Office, real estate, professional and medical. (v) Photographic supply store and studio. (w) Furnishings for men and women. (x) Restaurant (excluding drive-in and drive-thru). (y) Retail liquor and bar. (z) Sundries and variety stores. (aa) Theaters and motion picture houses. (bb) Public utilities (excluding outside storage). (cc) Automotive parts, retail only. (dd) Junior department store (not to exceed thirty-thousand' (30,000) square feet of total floor area). (ee) Hobby stores. (ff) Nurseries - plants. (gg) Paint and wallpaper stores. (hh) Shoe stores and repair. (ii) Veterinary clinics, out-patients only. (D) MINIMUM BUILDING SITE AREA AND LOT DIMENSIONS No building or portion thereof shall be erected, constructed, converted, established, altered, enlarged or used in any Community Commercial District unless the premises and buildings shall comply with the following regulations: (1) Minimum Lot Dimensions and Area. (a) Frontage 200 feet (b) Width 200 feet (c) Depth 300 feet (d) Area 80,000 square feet ( 2 ) Except ion. Any lot or parcel of record zoned Community Commercial 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) Minimum Building Setbacks. (a) Front 80 feet (b) Side (interior) 40 feet (c) Side (street) 40 feet (d) Rear 80 feet - 23 - Ord. 21-72 (2) Exception If there exists a commercial use on the adjoining lot or parcel, the interior side yard on the common property line may be reduced to not less than twenty feet (20') unless a Unity of Title has been filed. (F) MAXIMUM PERMITTED GROUND FLOOR BUILDING APdEA The total ground floor building area of all buildings and structures shall not exceed fifty per cent (50%) of the total lot area. (G) MAXIMUM PERMITTED TOTAL FLOOR AREA The total area of all the floors of all buildings and structures included within the surrounding walls shall not exceed sixty- five per cent (65%) of the total lot area. (H) MAXIMUM BUILDING HEIGHT No building or structure may be erected, constructed, converted, established, altered, or enlarged to a height exceeding fifty feet (50'). (I) MINIMUM OFF-STREET PARKING REQUIREMENT See Section 29-7.3. (J) WALLS AND FENCES In any Community Commercial District no fence, wall or structure shall be maintained within the area at any corner street inter- section at elevations the City Engineer determines will obstruct visibility. (1) Walls and fences erected on all lots in this district shall conform to the following criteria: (a) Walls, fences, or similar structures erected in any Community Commercial 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 this district. (b) All areas devoted to the storage of equipment or supplies shall be adequately screened with landscaping pursuant to the criteria stated in Chapter 15C of this Code and shall further be enclosed by a fence or wall at least six feet (6') in height, but not to exceed twelve feet (12') in height. No outdoor storage of merchandise, material or equipment shall exceed the height of the enclosing wall or fence or build- ing whichever provides the best visual obstruction from a public right-of-way. (K) SPECIAL REGULATIONS (1) All uses except off-street parking, outdoor dining facil- ities, signs and the storage and display of nursery plants shall be operated entirely within enclosed buildings. (2) No permitted use shall commence, sales or retail activities, prior to 6:00 A.M. nor continue later than 12:00 midnight of any day except as otherwise provided in this Code. (3)Artificial lighting used to illuminate the premises shall be directed away from adjacent properties. (4) Outdoor storage of merchandise, material or equipment shall be permitted only when incidental to a permitted use located on the same premises, and provided that: (a) The storage area shall be completely enclosed by walls or buildings or a combination thereof. Said walls shall not be less than six feet (6') in height. (b) There shall be no outdoor storage of merchandise, materials, equipment or other goods to a height greater than that of any enclosing wall or building. - 24 - Ord. 21-72 Sec. 29-6.2. SPECIALIZED COMMERCIAL DISTRICT (SC/ . (a) PURPOSE. The Specialized Commercial District is primarily intended to accomodate commercial activities that are oriented toward major highways and a regional consumer market as well as other commercial uses that tend to associate as a group. (B) USES PERMITTED. Within any Specialized Commercial District, no building structure, land or water shall be used except for one or more of the if. ollowing uses: (1) Automobile and truck sale and rental agencies (usable vehicles only). (2) Automobile paint and repair shops, including body and fender work (if entirely within an enclosed building). (3) Automobile wash establishments. (4) Boat sales agencies. (5) Recreational facilities including bowling lanes, minature golf courses, skating rinks, gymnasiums and health centers. (6) Hotels and motels. (7) Banks including drive-in. (8) Equipment and tool rental. (9) Restaurants and bars (including live entertainment). (10) Tire sale, repair and recapping establishments (if entirely within an enclosed building). (11) Trade and business schools. (12) Recreation vehicle sales (new and used). (13) Theaters and motion picture houses. (14) Professional offices including medical. (15) Furniture stores and home furnishings. (16) Retail drugstore. ( 17 ) Florist. (18) Appliance stores, including servicing. (19) Bicycle sales and repairs. (20) Cafe, delicatessen. (21) Business offices. (22) Office furniture and supplies. (23) Sundries and variety stores. (24) Automotive parts (25) Bakery and confectionary stores. (26) Hardware store and paint and garden supplies. (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 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 Uses: (1) Service stations (including super-service stations). (2) Retail food and grocery store. (3) Drive-in restaurant (including drive-thru). (4)' Public utilities. (5) Governmental facilities. (6) Bus terminals. (7) Any residential use including boarding houses and other similar uses. - 25 - Ord. 21-72 (D) MINIMUM BUILDING SITE AREA AND LOT DIMENSIONS No building or portion thereof shall be eree~ed, constructed, converted, established, altered, enlarged or used in any Specialized Commercial District unless the premises and build- ings shall comply with ~h~ following regulations: (1) Minimum Lot Dimensions and Area (a) Frontage 50 feet (b) Width 50 feet (c) Depth 100 feet (d) Area 10,000 square feet ( 2 ) Exception. Any lot or parcel of record zoned Specialized Commercial 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) Minimum Building Setbacks (a) Front 15 feet (b) Side (interior) none (c) Side (street) 15 feet (d) Rear 10 feet (F) MAXIMUM PERMITTED GROUND FLOOR BUILDING AREA The total ground floor building area of all buildings and structures shall not exceed fifty (50) per cent of the total lot area. (G) MAXIMUM PERMITTED TOTAL FLOOR AREA The total area of all the floors of all buildings and structures included within the surrounding walls shall not exceed sixty- five (65) per cent of the total lot area. (H) MAXIMUM BUILDING HEIGHT No building or structure may be erected, constructed, converted, established, altered, or enlarged to a height exceeding thirty (30) feet unless otherwise permitted by Section 29-7.4. (I) MINIMUM OFF-STREET PARKING REQUIREMENT See: Section 29-7.3. (J) WALLS AND FENCES In any Specialized Commercial 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. - 26 - Ord. 21-72 (1) Walls and fences erected on all lots in this district shall conform to the following criteria: (a) Walls, fences, or similar structures erected in any Specialized Commercial 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 this district. (b) All areas devoted to the storage of equipment or supplies shall be adequately screened with land- scaping pursuant to the criteria stated in Chapter 15C of this Code and shall further be enclosed 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 enclosing wall or fence or building whichever provides the best visual obstruction from a public right-of-way. (K) SPECIAL REGULATIONS (1) All uses except off-street parking, outdoor dining facili- ties, signs and the storage and display of nursery plants shall be operated entirely within enclosed buildings. (2) No permitted use shall commence, sales or retail activities, prior to 6:00 A.M. nor continue later than 12:00 midnight of any day except as otherwise provided in this Code. (3) Artificial lighting used to illuminate the premises shall be directed away from adjacent properties. (4) Outdoor storage of merchandise, material or equipment shall be permitted only when incidental to a permitted use located on the same premises, and provided that: (a) The storage area shall be completely enclosed by walls or buildings or a combination thereof. Said walls shall not be less than six (6) feet in height. (b) There shall be no outdoor storage of merchandise, materials, equipment or other goods to a height greater than that of any enclosing wall or building. Sec. 29-7. LIMITED COMMERCIAL DISTRICT (C-l!. (A) USES PERMITTED. Within any C-1 Limited Commercial District no building structure or land shall be used and no building shall be erected, struc- turally altered or enlarged, unless otherwise permitted by these regulations, except for one or more of the following uses: (1) Any use permitted in RM-15; provided however, that buildings or structure containing three or more units for temporary or permanent human habitation shall be allowed only as a conditional use as prescribed in Section 29-7.4 (conditional use review). - 27 - Ord. 21-72 (2) Any retail business or commercial use in which there is no processing or treatment of materials, goods or products except as provided for, including: (a) Appliance stores including radio and television service. (b) Art, antique or gift shop. (c) Bakery, where products made on the premises only are sold at retail. (d) Bank, drive-in bank and other financial institutions. (e) Book, news, stationery, photographic supply store. (f) Bicycle sales and repair. (g) Barbershop, beauty shop, chiropodist, masseur. (h) Cafe, restaurant, tea room. (i) Wearing apparel, furnishings for men, women and children, including shoes, furriers, modiste, millinery. (j) Drug, confectionery, ice cream, sundries and variety stores. (k) Florist shop. (1) Furniture, home furnishings, interior decorator including office furniture, supplies and equipment. (m) Fruit store, delicatessen and caterer. (n) Hardware, sporting goods and luggage store. (o) Jewelry store. (p) Laundry and dry cleaning pick-up stations. (q) Music store. (r) Office, real estate, brokerage and professional. (s) Photographic studio. (t) Shoe repair shop. (u) Automotive parts, retail only. (v) Cocktail lounges, bars, and package stores (subject to Chapter 4). (w) Laundromats. (3) Parking lot or storage garage for parking purposes. (4) Medical offices and services. (5) Printing and publishing. (B) CONDITIONS OF OPERATION (1) Ail businesses and servicing shall be conducted wholly within a completely enclosed building, except for off- street loading, automobile parking. (2) Any building used primarily for any of the above enumerated purposes may have not more than~twenty-five (25) per cent of the floor area devoted to storage purposes incidental to the primary use. (C) BUILDING HEIGHT LIMIT Except by conditional use, no commercial building or structure shall exceed forty (40) feet in height. (D) BUILDING SITE AREA REQUIRED No minimum requirements, except for single and multiple family dwellings, the minimum area requirements of the multiple family districts permitted in Section 29-5 shall be observed. - 28 - Ord. 21-72 (E) YARD REGULATIONS (1) Front yard (setback). All commercial buildings shall be set back ten feet (10') from lot line. (2) Side yard (setback). No side yard required; provided, however, that the side walls of all commercial buildings at intersecting streets shall be set back at least ten feet (10') from the side property (lot) line. (3) Rear yard (setback). All commercial buildings shall be set back ten feet (10') from the lot line. (4) Dwelling structures, hotels, motels, guesthouses and structures of similar use having three or more units shall observe the yard requirements provided for in the permitted uses in RM-10, RM-15, RM-20. (F) PARKING AND LOADING REQUIREMENTS See Section 29-7.3. (G) CONDITIONAL USES Same as for conditional uses permitted in RM-10, RM-15, RM-20, which uses may be allowed subject to compliance with Section 29-7.4 (conditional use approval) with the following additions: (1) Bowling alleys, pool and billiard halls, skating rinks, outdoor minature golf courses and similar establishments. (2) Public utilities. ( 3 ) Chu r che s. (4) Public and private schools. (5) Motels and hotels. (6) Service stations without major repairs. (7) Retail food and grocery stores. (8) Communications and utility establishements. (9) Social, fraternal and recreational clubs and lodges. Sec. 29-7.1 LIGHT INDUSTRIAL DISTRICT .(L~) (A) PUl{POSE The Light Industrial District is intended to provide an area for research laboratories and supporting offices, the manu- facturing of electronic components, and wholesale sales offices at least of a sub-regional nature. The district is not intended to accommodate heavier industrial operations which may contain objectionable or blighting influences or to accommodate co~ercial or residential development which would restrict the principal industrial operations. The property development and other regulations are intended to provide an ideal environment for light industrial developments and to effect a high degree of compatibility of these special uses which cannot be interspersed throughout the community. (B) USES PERMITTED Within any Light Industrial District, no building, structure, land or water shall be used except for one or more of the following uses: (1) Scientific research laboratories and facilities, including laboratories and facilities for product development and testing. (2) Plants or portions of laboratories and related facilities used in the manufacturing of prototypes and the production of experimental products, or the manufacturing of such products as may be necessary to the development or production of operating systems where such systems are to be installed or operated at another location. - 29 - Ord. 21-72 (3) Broadcasting studios and other communication facilities. (4) Communication and utilities activities (excluding equipment and storage yards). (5) Wholesale sales offices and their attendant distribution facilities. (C) MINIMUM BUILDING SITE AREA AND LOT DIMENSIONS No building or portion thereof shall be erected, constructed, converted, established, altered, enlarged or used in any Light Industrial District unless the premises and buildings shall comply with the following regulations: (1) Minimum Lot Dimensions (a) Frontage 200 feet (b) Width 200 feet (c) Depth 300 feet (d) Area 80,000 square feet (2) Exceptions: (a) On curving streets and cul-de-sacs, the required frontages of lots may be reduced by forty per cent (4~/o) 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 Light 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 never- theless be used as permitted and otherwise regulated by the provisions applicable to this district. (D) MINIMUM BUILDING SETBACKS The following shall be the minimum building setbacks for all buildings or structures permitted and described in this section: (1) Front 50 feet (2) Side (interior) 30 feet (3) Side (street) 30 feet (4) Hear 10 feet (E) MAXIMUM PERMITTED GROUND FLOOR BUILDING AREA The total ground floor building area of all buildings and structures shall not exceed fifty per cent (50%) of the total lot area. (F) MkXIMUM PERMITTED BUILDING HEIGHT No building or structure may be constructed to a height exceed- ing thirty-five feet (35'). (G) ON-SITE PARKING AND LOADING REGULATIONS See Section 29-7.3. (H) WALLS AND FENCES In any Light Industrial District no fence, wall or structure shall be maintained within the area at any corner street inter- section at elevations the City Engineer determines will obstruct visibility. (1) Walls and fences erected on all lots in this district shall conform to the following criteria: (a) Walls, fences, or similar structures erected in any Light Industrial 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 this district. - 30 - Ord. 21-72 (b) Ail areas devoted to the storage of equipment or supplies shall be adequately screened with land- scaping pursuant to the criteria stated in Chapter 15C of this Code and shall further be enclosed 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 equip- ment shall exceed the height of the enclosing wall or fence or building whichever provides the best visual obstruction from a public right-of-way. Sec. 29-7.2. HEAVY INDUSTRIAL DISTRICT (HI). (a) PURPOSE The Heavy Industrial District is intended to provide the area for industrial or manufacturing plants the operations of which are not productive of odors, dust, smoke, fumes, noise or vibration. (B) USES PERMITTED Within any Heavy Industrial District no building, structure or land shall be used and no building shall be erected, altered or enlarged, unless otherwise permitted by these regulations except for one or more of the following uses: (1) Concrete block manufacture and cement products. (2) Contractors storage and equipment yard or building. (3) Fertilizer sales, except compost heaps. (4) Ice manufacturing plant. (5) Laundry, dyeing and dry cleaning establishments, not retail. (6) Lumber, building supplies, millwork sales and storage. (7) Storage warehouse. (8) Trade shops including those of tinsmith, cabinetmaker, sheet metal, roofing repair. (9) Truck terminals and storage facilities. (10) Any industrial or manufacturing plant the operations of which are not productive of odors, dust, smoke, fumes, noise or vibration. (11) Veterinary clinics and kennels, no on site disposal of carcasses. (C) USES NOT PERMITTED (1) Cement, lime or plaster of paris manufacture. (2) Acid manufacture. (3) Distillation of bones. (4) Fat, tallow or lard rendering. (5) Fertilizer manufacture. (6) Glue, size or gelatine manufacture. (7) Hair factory. (8) Potash manufacture. (9) Reduction of garbage, offal, dead animals, or refuse. (10) Tannery. (11) Slaughterhouse or stockyard. (D) BUILDING SITE AREA, YARD REGULATIONS All structures erected in the Heavy Industrial District shall observe a minimum front setback of ten (10) feet, and a rear setback of ten (10) feet. - 31 - Ord. 21-72 (E) PARKING REQUIREMENTS See Section 29-7.3. (F) WALLS AND FENCES In any Heavy Industrial 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. (1) Walls and fences erected on all lots in this district shall conform to the following criteria: (a) Walls, fences or similar structures erected in any Heavy Industrial 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 this district. (b) Ail areas devoted to the storage of equipment or supplies shall be adequately screened with land- scaping pursuant to the criteria stated in Chapter 15C of this Code and shall further be enclosed 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 enclosing wall or fence or building whichever provides the best visual obstruction from a public right-of-way. Sec. 29-7.3. OFF-STREET PARKING AND LOADING REGULATIONS. (A) GENERAL PARKING REGULATIONS (1) Parking Spaces and Driveways. Driveways shall be considered as constituting off-street parking spaces for single-family dwellings in Residential Districts, provided that sufficient spaces are available on such driveways to meet the requirements of this Section. (2) Landscaping. Ail off-street parking areas for all uses except single-family residential shall be landscaped as outlined in the Landscape Ordinance. The Building Official will determine from the plans submitted whether the requirements of the Landscape Ordinance have been met. (3) Drainage and Maintenance. The proposed grading and drainage for the off-street parking facilities shall be approved by the Office of the City Engineer. All parking areas shall be paved with a minimum of six (6) inch shellrock or lim~rock base and a one (1) inch hotplant mix Type I asphalt concrete or equivalent base and surface pavement. The parking lot shall be main- tained in a manner as to not create a hazard or nuisance. - 32 - Ord. 21-72 (4) Parking Geometrics, Signing and Marking Requirements. The parking shall be so designed as to meet the minimum geometric requirements as defined in Section (A) (7). The minimum stall width shall be nine (9) feet and shall be marked with double lines (as indicated in Section (A) (5) (a) unless a stall width of ten (10) feet or wider is provided. All parking shall be deline- ated by painted lines, curbs or other means to indicate individual spaces. Standard traffic control signs and other pavement markings as utilized on public streets and highways shall be used as necessary to insure safe and efficient traffic operation of the lots. Such signing and marking shall be subject to the approval of the Planning Director. (5) Parking Access and Driveways. Each parking stall shall have appropriate access to a street or alley and maneu- vering and access aisle areas shall be sufficient to permit vehicle to enter and leave the parking area in a forward motion, with the exception of single-family. Driveways shall be paved and meet the requirements of the ordinances unless very high volumes or other special circumstances warrant variation by the Planning Director. (a) Driveway Dimension Guidelines. See Landscape Ordinance. (6) Site Plan Requirements. At the time of the application for a building permit for any use for which parking spaces are required to be constructed, a site plan for such parking facilities shall be submitted to the Building Department. The site plan shall include the following: (a) Landscaping and screening as outlined in the Landscape Ordinance. (b) Effective channelization and division of parking areas within the interior of the parking lot for pedestrian and vehicular traffic may be accom- plished by use of landscaped areas with trees, walls, fences, other natural growth or artificial features, raised curbs, marked directional lanes and controls, change of grade or other devices to mark points of turn, to separate parking areas and to control traffic movement. Traffic chaQnelization and other~traffic controls including signing and pave- ment marking will be approved by the Planning Director. The Planning Director will approve with regard to ingress and egress to public roads and to safe movement of traffic on the parking lot. (c) Each parking site or lot shall be designed individually with reference to the size, street pattern, adjacent properties, buildings and other improvements in the general neighborhood, number of cars to be accommodated, hours, and kinds of use. (d) When the parking facilities are housed in an under- ground garage or a multi-storied structure or on the - 33 - Ord. 21-72 roofs of buildings, a site plan shall be submitted hereunder for approval of interior traffic circulation, slope of ramp, ease of access and utilization of ramps, for parking stall and aisle dimensions, proper traffic control signing and pavement marking for safe and efficient vehicular and pedestrian operation, for location of entrances and exits on public roads, for approval of sight distances at such entrances and exits and at corners of intersecting public roads, and for approval of the effective screening of the cars located in or on the parking structures from adjoining properties and from public roads. (e) The site plan submitted shall show the location and design of entrances and exits to public roads; the location and size of all buildings and structures; location and dimensions of parking spaces and aisles, directional markings, traffic control devices and signs; walls, fences, landscaped areas, banks, berms, change of grades and planting materials, including the type and names of the materials proposed to be planted; and shall contain such other information in the form required by the Department. The site plan shall be prepared with careful regard to the location of the parking facilities with relation to adjoining and neighborhood commercial, industrial, multi-family, and other residential improvements, and shall be devised to have the least adverse effect on such ad- joining or neighboring properties. Landscaping shall be as required by the Landscape Ordinance. (7) Minimum Parking Bay Dimensions by Parking Angle Parking A B C Angle A' B' C' 21w 30' 30' 0 33' 42' 42' 27' 43' 34' 20 39' 58' 50' 30' 48' 39' 30 41' 61' 53' 32' 52' 44' 40 43' 63' 55' 34' 54' 47' 45 45' 66' 59' 34' 54' 48' 50 45' 66' 60' 40' 61' 56' 60 50' 73' 68' 40' 61' 57' 70 50' 73' 69' 45' 65' 64' 80 45' 65' 65' 45' 65' 65' 90 45' 65' 65' - 34 - Ord. 21-72 (a) Parking Bay Illustrations. PARKING BAY ILLUSTRATIONS ONE WAY TRAFFIC TWO WAY TRAFFIC NOTES: 1. All examples show 45 degree angle parking. 2. Wheel stops or curbs required when parking space faae property line. 3. A minimum backup distance of twenty (20) feet is required between the property line and the first stall as shown in example one (1) above. (B) OFF-STREET PARKING RF~GULA~IONS~ Alt uses permitted under this zoning shall be subject to the following minimum requirements: USE OR SPACES REQUIRED PER USE CATEGORY .B~.sIQ.MEASURINGUNIT (1) Residential Single Family 2.0 per dwelling unit Multi-Family Efficiency 1.50 per dwelling unit One bedroom unit 1.70 per dwelling unit Two or more bedroom units 2.00 per dwelling unit For this purpose a bedroom shall include bedroom, den, study, library or such other extra room excluding kitchen, dining and living rooms. - 35 - Ord. 21-72 USE OR SPACES REQUIRED PER USE CATEGORY BASIC MEASURING UNIT (2) Supporting Facilities Churches 0.3 per seat Day nursery, kindergarten, One space per employee pre-school & day-care or assistant center Hospital 1.2 per bed Museum, art gallery & 5.0 per 1000 sq. ft. gross similar uses floor area Nursing home, convalescent One (1) space per four (4) home, rest home, home for patient beds or residents, the aged plus one (1) space per two (2) employees including nurses, on the shift of greatest employment, plus one (1) space for each staff doctor Police & fire station One (1) space per person on duty on a normal shift Post office 4.0 per 1000 sq. ft. gross floor area Private clubs, swim & One (1) space for each five country clubs (5) members Social, fraternal, social One (1) space per sixty (60) service, union and civic sq. ft. of assembly area, organization building plus one (1) space per each employee Public library 5.0 per 1000 sq. ft. gross floor area Schools; elementary & 1.0 per classroom junior high Schools: Five (5) spaces per room Trade and vocational used for administrative school offices, plus one (1) space per room used for class instruction, plus one (1) space for each five (5) seats in aud- itorium and other places of assembly or facility available to the public Schools: Senior high 0.2 per student, plus 1.0 per staff and employee College and university 0.5 per student, 1.0 per staff and employee - 36 - Ord. 21-72 USE OR SPACE REQUIRED PER USE CATEGORY BASIC MEASURING UNIT ( 3 ) Commercial Airport, heliports, One (1) space per four (4) railroad passenger seating accommodations for station & bus terminal waiting passengers, plus one (1) space per each employee on shift of greatest employ- ment Auditoriums, theaters, 0.3 per seat stadium, assembly halls, community recreation centers, and other places of public assembly Automobile service station, 4.0 per 1000 sq. ft. gross paint and body shops or floor area public garage Bowling alley Five (5) spaces for each alley General retail, business, 5.0 per 1000 sq. ft. gross offices, governmental and floor area professional offices, and personal services Savings institutions and banks 5.0 per 1000 sq. ft. gross floor area Restaurants, drive-in 30.0 per 1000 sq. ft. floor area with a minimum of 25 spaces Restaurants, diners and 12.0 per 1000 sq. ft. gross night clubs, lounges & floor area bars Mortuaries or funeral homes 4.0 per 1000 sq. ft. gross floor area Hotels, motels, boatels, 1.0 per rentable room, plus boarding and rooming 0.5 employee houses Indoor & outdoor commercial One (1) space for each one recreation, excluding hundred fifty (150) sq. ft. bowling alley of gross floor, building, or ground area devoted to such use, or one (1) space per four (4) seats of fa- cilities available for patron use, whichever is applicable to the facility Medical, dental & 5.0 per 1000 sq. ft. gross veterinary offices floor area and clinics Kennel, commercial & 4.0 per 1000 sq.ft, gross fl~or animal grooming are~ - 37 - Ord. 21-72 USE OR SPACES REQUIRED PER USE CATEGORY BASIC MEASURING UNIT Riding academies, or One (1) space per five hundred stables (500) sq. ft. of floor area Roadside stands, new 4.0 per 1000 sq. ft. gross and used car and boat floor area sales, mobile home sales, truck and trailer sales, outdoor equipment and machinery sales and commercial nurseries Swimming pool, commercial One (1) space for every thirty (30) sq. ft. of water area (4) Industrial Industrial, manufacturing 1.0 per employee Automobile wrecking, One (1) space for each two (2) junk, or salvage yard employees, plus one (1) space which offers for sale for each ten thousand (10,000) to the public any new sq. ft. of lot area, or plus or used merchandise two (2) spaces for each one thousand (1,000) sq. ft. of floor area, whichever is the greater Wholesale 6.0 per 1000 sq. ft. of gross establishments and floor area business services, cold storage and frozen food lockers, laundromat and other self service activities (C) REGULATIONS FOR THE PARKING, STORING, OR KEEPING OF COMMERCIAL VEHICLES, BUSES, TRAILERS AND TRUCKS. The following regulations shall apply to all residential districts: (1) Definitions (a) For the purpose of this Code, the terms "bus," "pole trailer," "semi-trailer," "trailer," "trailer coach," "truck" and "truck tractor" shall be defined as set forth in the appropriate, duly enacted statutes of the State of Florida providing for the regulation, registration, licensing, and recordation of ownership of motor vehicles in the State of Florida. (b) In the case of doubt as to the proper classification of a specific vehicle under the foregoing terms the determination by the Motor Vehicle Commission of the State of Florida shall be controlling. The body description and classification on the motor vehicle certificate of title shall be prima facie evidence of such determination. (c) The term "boat trailer" shall mean a trailer as de- fined above which is being used for or is designed for use if carrying boats. (d) The term "industrial equipment" shall mean farm tractors and implements, bulldozers, drag lines, cranes, derricks, heavy earth moving equipment normally used in farming, excavation and/or heavy construction activities. - 38 - Ord. 21-72 (e) The term "trailer coach" as used herein shall mean and include all types of mobile homes and also those types of self-propelled trucks or busses which have been converted or equipped with living and/or sleep- ing quarters, such as pick-up trucks with living quarters installed, sometimes referred to as "pick- up campers", and converted busses, sometimes referred to as "caravans". However, this excludes suburbans and other similar types of automobiles for private use which have been equipped with camping equipment and relocated materials. (f) The term "residential districts" for the purpose of this Code shall mean all R-lA, R-IAA, R-1AAB, R-1AAA, R-1AAAB, RM-10, P~M-15, and RM-20 districts as established and designated upon the "Zoninq MAD". (g) The term "owner" when used herein in relation to a motor vehicle shall mean the individual or firm to which the vehicle is registered on the motor vehicle certificate of title and shall include if under lease, rental agreement, or on loan under any type of arrangement, gratuitous or otherwise, the individual or firm having possession or control of the vehicle. (h) The term "owner" when used herein in relation to private property in a residential district shall mean the recorded owner of the property based upon the records of Palm Beach County, Florida, and shall in- clude, if under lease, rental, agreement for deed or similar land contract, the person or persons actually in possession and control of the premises. (2) Motor Vehicles Prohibited or Restricted in Residential Districts: (a) It shall be unlawful for any owner, agent, operator, or person in charge of any b.u.s, p01e tra. ile.r, semi- trailer, trailer, trailer coach (house trailer.), truck and/or truck tractor, as previously defined in this Code, to park, store, or keep such motor vehicle on any public street, avenue, alley, or other thoroughfare or any right-of-way therewith within any residential district in the City of Delray Beach for a period exceeding one (1) hour in any twenty- four (24) hour period, each such period commencing at the time of first stopping or parking unless a permit is first obtained from the Police Department. (b) It shall be unlawful for the owner of property in any residential district in the City of Delray Beach to park on, cause to be parked on, or allow to be parked on his, its, or their residential property or in~ the streets, alleys, or parkways abutting their property, any bUS, Dole trailer, semi-trailer, trailer, trailer coach (h0us.e' t.rai!er), truck, and/or truck tractor for a period exceeding one (1) hour in any twenty- four (24) hour period, each such period commencing at the time of first stopping or parking unless a permit is first obtained from the Police Department, and as may be otherwise provided in this Code. (3) Delivery and Construction Vehicles; Emergency Repairs: (a) The restrictions of Section (C) (2) shall not apply to the temporary parking of such vehicles on private property in residential districts whereon construction is underway, for which a current and valid building permit has been issued by the City of Delray Beach and said permit is properly displayed on the premises. - 39 - Ord. 21-72 (b) The restrictions of Section (C) (2) of one (1) hour in residential districts shall not apply to routine deliveries by tradesmen, or the use of trucks in making service calls providing that such time in excess of one (1) hour is actually in the course of business deliveries or servicing, as the case may be. (c) The restrictions of Section (C) (2) shall not apply to a situation where such vehicle becomes disabled and, as a result of such emergency, is required to be parked within a residential district for longer than one (1) hour. However, any such vehicle shall be removed from the residential district within twenty-four (24) hours by wrecker towing if necessary, regardless of the nature of the emergency. (4) Permitted Parking: (a) A panel, pick-up, van, or similar type of truck of not over three-quarter (3/4) ton rated capacity may be parked on a plot in a residential district. However, such vehicle must be used by a resident of the premises and no more than one (1) such truck to each plot. (b) Boats, trailers as described in Section (C) (1) (c), or Recreational Mobile Units (see definitions) may be parked on a plot in a residential district subject to the restrictions and conditions set forth below. (aa) One boat; or one trailer designed to carry a boat, with or without boat thereon; or one Recreational Mobile Unit. (bb) One boat or one of the vehicles described in Section (C) (4) (b) (aa) may be parked in a garage or carport which is effectively screen- ed on three sides; provided, however, that no portion of the boat, motor or vehicle shall extend beyond the roof line. Subject to the foregoing requirements, a boat, trailer, or Recreational Mobile Unit may be parked only if it is currently registered as required by State or Federal law and if the transportation of the vehicle would be in compliance with Chapter 317, Florida Statutes. (cc) Such boat or such vehicle must be owned by and used by a resident of the premises. (dd) No boat or vehicle described in Section (C) (4) (b) (aa) may be parked in the area between the street and the structure. (ee) One boat or one vehicle described in Section (C) (4) (b) (aa) may be parked on a plot, occupied by a permitted structure, in the side yard or rear yard providing that it is effective- ly screened against direct view from abutting properties by a masonry wall, ornamental fences, or dense hedge planting six (6) feet high. Thi~ Section is not to be construed as requir- ing screening from direct view from the street in front of the plot. (ff) One boat or one of the vehicles described in Section (C) (4) (b) (aa) may be parked in the front yard driveway for twenty-four (24) hour period, for the purpose of loading or unloading. (gg) No boat or vehicle described in Section (C) (4) (b) (aa) parked in a residential district may be occupied or used for living, sleeping or - 40 - Ord. 21-72 housekeeping purposes nor shall it be connected to any utility service. (D) OFF-STREET LOADING REGULATIONS (1) No building, or structure shall be erected or altered in any district for the uses listed below unless loadinq space for the accommodation of trucks is provided on the Dremises in accordance with the following regulations: (a) Berths are required based on the gross floor area devoted to such use as follows: USE OR FLOOR AREA IN LOADING SPACES USE CATEGORY .S.QUARE FEET REQUIRED Commercial amusement 2,000-15,000 sq. ft. one (1) berth and automotive service 15,000-40,000 sq. ft. two (2) berths Each additional 100,000 one (1) additional sq. ft. or major fraction berth thereof Funeral home or 2,500-4,000 sq. ft one (1) berth mortuary 4,000-6,000 sq. ft. two (2) berths Each additional one (1) additional 10,000 sq~ ft. in berth excess of 6,000 sq. ft. Office building, midrise 5,000-20,000 sq. ft. one (1) berth or highrise apartment building, hotel, hospi- 20,000-100,000 sq. ft. one (1) berth tal or similar institu- tion, place of public Each additional one (1) additional assembly 100,000 sq. ft. or berth major fraction thereof Retail stores (includ- 2,000-10,000 sq. ft. one (1) berth ing department stores, restaurants, general 10,000-20,000 sq. ft. two (2) berths service), wholesale and jobbing establishments Each additional one (1) additional 20,000 sq. ft. or berth major fraction thereof Each additional one (1) additional 50,000 sq. ft. in excess berth of 60,000 sq. ft. Manufacturing or indus- 2,000-8,000 sq. ft. one (1) berth trial establishment 8,000-25,000 sq. ft. two (2) berths 25,000-40,000 sq. ft. three (3) berths Each additional 80,000 one (1) additional sq. ft. berth (b) For commercial, manufacturing, or industrial establishments with a total of fifty thousand (50,000) square feet or more of gross floor area devoted to such uses, a statement outlining the projected normal demands for loading and unloading for the use, and a plan showing the location on the - 41 - Ord. 21-72 lot of the space to be provided shall be issued unless the required loading space shall have been provided in accordance with that designated on the approved plan. (c) The loading space requirements apply to all districts. (d) The loading requirements in this Section do not limit special requirements which may be imposed else- where in this Code. (e) For uses which contain less than 10,000 square feet of floor area, %he Building Official may waive or reduce the loading requirements whenever the character of the use is such as to make unnecessary the full provision of loading facilities or where such provi- sion would impose an unreasonable hardship upon the use of the lot upon recommendation of the Planning Director. (f) Mixed uses in One Building. Where a building is used for more than one use or for different uses, and where the floor area used for each use for which load- ing space is required is below the minimum for requir- ed loading spaces but the aggregate floor area used is greater than such minimum, then off-street loading space shall be provided as if the entire building were used for that use in the building for which the most spaces are required. In such cases, the Department may make reasonable requirements for the location of required loading space. (g) Design standards (aa) Minimum Size. For the purpose of these regu- lations a loading space is a space within the main building or on the same lot, providing for the standing, loading, or unloading of trucks, having minimum dimensions of loading bays or as seen in (D) (1) (g) (aa) (aaa) (aaa) Minimum dimensions Type Vertical Maneuvering Vehicle Width Length Clearance Apron Tractor Trailer 14' 60' 15' 60' Single Units 12' 30' 12' 30' (bb) Drainage and Maintenance. The proposed grading and drainage for the off-street park- ing facilities shall be approved by the Office of the City Engineer. All parking areas shall be paved with a minimum of six (6) inch shellrock or limerock base and a one (1) inch hotplant mix Type I asphalt concrete or equi- valent base and surface pavement. The parking lot shall be maintained in a manner as to not create a hazard or nuisance. (cc) Entrances and Exits. Location and design of entrances and exits shall be in accord with applicable requirements of the Planning Director and Building Official. Where the entrance or - 42 - Ord. 21-72 exit of a building is designed for truck loading and unloading, such entrance or exit shall be designed to provide at least one (1) off-street loading space. (h) Landscaping. All off-street parking areas for all uses except single family residential shall be landscaped as outlined in the Landscape Ordinance. The Building Department will determine from the site plans submitted whether the requirements of the Landscape Ordinance have been met. Sec. 29-7.4. CON~..ITIgNAL USES. Conditions governing application; procedure; standards; findings required. (A) The City Council shall decide only such conditional uses as are specifically authorized by the terms of the zoning ordinance; to decide such questions as are involved in determining whether conditional uses should be granted; and to grant conditional uses with such conditions and safeguards as are appropriate under the zoning ordinance; or to deny conditional uses when not in harmony with the purpose, intent, and requirements of the zoning ordinance and this section. No conditional use shall be granted until the application has been referred to the Planning Board for hearing and recommendation. (B) Any person, firm or corporation owning property within the City of Delray Beach, Florida, desiring to obtain a conditional use as prescribed and limited under the zoning ordinance of the City or amendments thereto shall proceed in the following manner, to-wit: (1) Such person, firm or corporation shall file an application for a conditional use with the Planning Director. Said application shall be on a form substantially in accordance with the form prescribed by said Director, copies of which may be obtained from the Building Department of the City. The authority authorizing a person other than the owner to sign such application must be attached to and accompany said application. Each petition shall be accompanied by a payment of one hundred dollars ($100.) to be placed in the General Fund of the City. (2) The Planning Director shall then refer the application to the Planning Board and shall provide for a public hearing of the abutting property owners in accordance with the following: (a) The owners of the property lying for a depth of three hundred feet (300') surrounding the property peti- tioned, must be notified. (b) The ownership of the abutting properties shall be determined by the City Clerk who shall notify the owners by mailing the date and purpose of the Planning Board hearing at least ten (10) days in advance so that he may be represented in person or by proxy. Notice of the aforesaid meeting shall also be published in a newspaper published in this City at least ten (10) days prior to the hearing. After such public hearing, the Planning Board shall pass upon the application before it and make its recom- mendations in accordance with subsection (F). The Board shall have the right to refuse to take action unless the petitioner or his duly authorized agent is present at the aforesaid hearing. (C) A conditional use shall not be recommended by the Planning Board unless and until: (1) The Planning Board shall make findings that the granting of the conditional use, with any appropriate conditions and - 43 - Ord. 21-72 safeguards that the Board may deem necessary, will not adversely affect the public interest. (2) In reaching its conclusion and in making the findings required in (1) above, the Planning Board shall consider and weigh, among others, the following factors and standards, where applicable, and shall show in record such factors as were considered and the disposition made thereof. Further, the Board shall find in the case of any of these factors and standards, where they may be relevant and applicable, that the purposes and requirements for granting the conditional use have been met by the applicant: (a) Ingress and egress to the property and the proposed structures thereon, if any, including such consid- erations as automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe; (b) Off-street parking and loading areas, where requir- ed, including consideration of relevant factors in (a) preceding and the economic, noise, glare or odor effects of the location of such areas on. adjacent and nearby properties and properties generally in the district; (c) Refuse and service areas, including consideration of relevant factors in (a) and (b) preceding; (d) Utilities, including such considerations as hook-in locations and availability and compatibility of utilities for the proposed use or structure; (e) Screening and buffering, including considerations of such relevant factors as type, dimensions and character to preserve and improve compatibility and harmony of use and structures between the pro- posed conditional use and the uses and structures of adjacent and nearby properties and properties generally in the district; (f) Signs, if any, and proposed exterior lighting, if any, with reference to glare, traffic safety, and economic effects of same on properties in the district, and compatibility and harmony with other properties in the district; (g) Required yards and open spaces; (h) Height of structure where related to uses and structures on adjacent and nearby properties and properties generally in the district; (i) General compatibility and harmony of the use and structures under the proposed conditional use with the uses and structures on adjacent and nearby properties and properties generally in the district; (j) Economic effects on adjacent and nearby properties and properties generally in the district of the grant of the conditional use. ~) In recoF~ending conditional use, the Planning Board may suggest appropriate conditions and safeguards in conformity with the standards herein set out in conformity with the zoning ordinance. In recommending a grant of conditional use, the Planning Board may prescribe a time limit within the action for which the con- ditional use is granted should be begun or completed, or both. (E) The findings of such Planning Board as hereinabove mentioned are recommendatory only. Upon receipt of any such recommendation the City Council shall review the application and recommendations at the next regular council meeting following the Planning Board hearing. - 44 - Ord. 21-72 (F) In granting any conditional use, the City Council may prescribe appropriate conditions and safeguards in conformity with the standards herein set out in conformity with the zoning ordi- nance. Violation of such conditions and safeguards when made a part of the terms under which the conditional use is granted, shall be deemed a violation of the zoning ordinance and punishable under Section 29-7.10 of the zoning ordinance. In making a grant of conditional use, the City Council may pre- scribe a time limit within the action for which the conditional use is granted shall be begun or completed, or both. Failure to begin or complete, or both, such action within the time limit shall void the conditional use. Unless other provisions are approved under the first part of this subsection, all conditional use approvals will expire one year from the date of approval unless a building permit has been issued and construction commenced as defined in the Southern Standard Building Code. Sec. 29-7.5. NONCONFORMING USES. (A) The lawful use of a "building" existing at the time of the passage of this ordinance shall not be affected by this ordi- nance, although such use does not conform to the provision of this ordinance; and such use may be extended throughout the building, provided no structural alterations, except those re- quired by law or ordinance, or order by an authorized officer to secure the safety of the building, are made therein but no such use shall be extended to occupy any land outside such building. If such non-conforming building is removed or the non-conforming use of such building is discontinued for a con- tinuous period of not less than one hundred and eighty (180) days, every future use of such premises shall be in conformity with the provisions of this ordinance. (B) The unlawful use of "land" existing at the time of the passage of this ordinance (Sections 29-1--29-7.10), although such use does not conform to the provisions of this ordinance (Sections 29-1--29-7.10), shall not be affected by this ordinance (Sections 29-1--29-7.10); provided, however, that no such non-conforming use shall be enlarged or increased nor shall any non-conforming use be extended to occupy a greater area of land than that occu- pied by such use at the time of the passage of this ordinance (Sections 29-1--29-7.10). If such non-conforming use is discon- tinued for a continuous period of not less than one hundred (100) days, any future use of said land shall be in conformity with the provisions of this ordinance (Sections 29-1--29-7.10). Pro- vided, however, that where "land" which is now used for a use excluded from the district in which such "land" is located and such use is not an accessory to the use of a main building located on the same lot or grounds such non-conforming use of "land" shall be discontinued and all material completely removed by its owner not later than one (1) year from the date of the passage of this ordinance (Sections 29-1--29-7.10). (C) If no structural alterations are made, a non-conforming use may be changed to a use of the same or higher classification accord- ing to the provisions of this ordinance (Sections 29-1--29-7.10). When a district shall hereafter be changed, any then existing non- conforming use in such changed district may be continued or chang- ed to a use of a similar or higher classification; provided all other regulations governing the new use are complied with. When- ever a non-conforming use of a building has been discontinued or changed to a higher classification or to a conforming use, such use shall not thereafter be changed to a non-conforming use of a lower classification. - 45 - Ord. 21-72 (D) Nothing in this ordinance (Sections 29-1--29-7.10) shall be taken to prevent the restoration of a building destroyed to the extent of not more than one hundred per cent (100%) of its assessed value by fire; explosion or other casualty, or act of God, or the public enemy, nor the continued occupancy or use of such building or part thereof which existed at the time of such partial destruction. Sec. 29-7.6 APPLICATIONS FOR REZONING. Any person owning property located within the City of Delray Beach, Florida, desiring to effect a change in the classification or use thereof as prescribed and limited under the Zoning Ordinance of the City of Delray Beach, Florida, or amendments thereto, (this Chapter) shall proceed in the following manner, to-wit: (A) Such person shall file with the City Council of the City of Delray Beach, Florida, at any regular session thereof or with the City Clerk of the City of Delray Beach, Florida, during his office hours, a petition directed to the City Council of the City of Delray Beach, Florida, wherein the property shall be fully and accurately described; such description shall set forth the improvements located on said property, and if any improve- ments are located thereon, at least one paragraph shall accom- pany such petition, such petition shall set forth the classifi- cation of the property therein described as of the date said petition is filed and the new classification or use desired by the owner; such petition shall state in short and succinct language the reason of the petitioner in seeking the reclassi- fication of the property or its use and shall be signed by the owner of the land or some person duly authorized by such owner to sign such petition. The authority authorizing a person other than the owner to sign such petition must be attached to and accompany such petition. Each petition shall be accompanied by a payment of one hundred dollars ($100.) to be placed in the General Fund of the City, and each petition may relate to one or more adjacent properties under the same or separate ownership. (b) If the petition provided for above shall be filed with the Clerk of the City of Delray Beach, Florida, together with two copies thereof, at least five days before a regular meeting of the City Council, the City Council shall dispose of the same as herein provided at the next meeting following the filing of such appli- cation with the City Clerk. If such petition be filed less than five days before such regular meeting, the City Council may, in its discretion, withhold action thereon until the second regular meeting thereafter. (C) Whenever such petition is so presented to the City Council, the City Council shall dispose of the same in the following manner: (1) Deny such application by a majority vote of the members of the City Council present at such meeting shmuld a quorum be present, or (2) Refer such petition to the Planning Board, which Board shall act in accordance with subsection (D). If it so desires the Council may in such reference make such recom- mendations concerning the disposition of such application as it may determine. Immediately after such action by the Planning Board to which said petition shall have been referred, it shall present to the City Council at a regular meeting thereafter, or at any adjournment of any regular meeting, or at any special meeting called for that purpose, its findings and recommendations concerning the disposition of such petition; the findings of such Planning Board being recommendatory only. If such findings and recommendations are not made to the City Council by Planning Board within - 46 - Ord. 21-72 thirty days after such petition has been presented to the Planning Board, the City Council shall be authorized to act on such petition without the findings and recommenda- tions of the Planning Board. (D) Upon reference of a petition for rezoning or conditional use by Council to the Planning Board~ the Board shall call a public hearing of the abutting property owners in accordance with the following: (1) The owners of the property within the City lying for a d~pth of three hundred feet (300') surrounding the property petitioned, must be notified. (2) The ownership of the abutting properties shall be determin- ed by the City Clerk who shall notify the owners by U.S. mail the date and purpose of the Planning Board hearing at least ten days in advance so that he may be represented in person or by proxy. Notice of the aforesaid meeting shall also be published in a newspaper published in this City at least ten (10) days prior to the hearing. After such public hearing, the Planning Board shall pass upon the application before it and make its recommendations in accordance with subsection (C). The Board shall have the right to refuse to take action unless the petitioner or his duly authorized agent is present at the aforesaid hear- ing. (E) Where any application for rezoning has been denied in a given year, one year must elapse from the date of application before another application for the rezoning of said lot or lots can be made. Sec. 29-7.7 .INTERPRETATION, P~P. OSE AND CONFLICT. In interpreting and applying the provisions of this ordinance (Sections 29-1--29-7.10), they shall be held to be the minimum requirements for the promotion of the public health, safety, morals and general welfare of the community. It is not intended by this ordinance (Sections 29-7 --29-7.10) to interfere with or abrogate or annul any easements, con- venants or other agreements between parties; provided, however, that where this ordinance (Section 29-1--29-7.10) imposes a greater re- striction upon the use of buildings or premises, or upon the height of buildings, or requires larger open spaces than are imposed or required by other ordinances, rules, regulations or by easements, convenants, or agreements, the provisions of this ordinance (Section 29-1--29-7.10) shall control. Sec. 29-7.8. CHANGES AND AMENDMENTS. The City Council may from time to time, on its own motion or on petition, amend, supplement, change, modify or repeal by ordinance the boundaries or districts or regulations or restrictions herein established. Provided, however, that if such amendment or change involves a change in the zoning classification or use of land, then such action shall be referred to the Planning Board for hearing and recommendation as provided for in subsections (C) and (D) , Section 29-7.6, of this chapter. Sec. 29-7.9. ENFORCEMENT. The building inspector is hereby designated and authorized to enforce this ordinance (Section 29-1--29-7.10). Sec. 29-7.10. VIOLATIONS & PENALTIES. It shall be unlawful for any person, firm or corporation to violate, disobey, omit, neglect or refuse to comply with or resist the enforcement of any of the provisions of this ordinance. (Section 29-1 thru 29-7.10) Each day any violation of any provision of this ordinance (Section 29-1 thru 29-10) shall continue shall constitute a separate offense. - 47 - Ord. 21-72 Any person, firm or corporation violating any of the provisions of this ordinance (Section 29-1 thru 29-10), upon conviction thereof, shall be punished as provided in Section 1-6 of the City of Delray Beach Code." Section 3. The remaining sections of Chapter 29, not repealed in Section 1 above, shall remain in full force and effect. Section 4. All ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed. Section 5. If any section, subsection, sentence, clause, phrase, or portion of this ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent pro- vision and such holding shall not effect the validity of the remaining portions hereof. PASSED in regular session on the second and final reading on this 24th day of October. , 1972. ATTEST: · City Cle~ First reading September 25, 1972. Second reading October 24, 1972. - 48 - Ord. 21-72 DELRAY BEACH NEWS-JOURNAL Publiahed Weekly Delray Beach, Palm Beach County, Florida PROOF OF PUBLICATION STATE OF FLORIDA COUNTY OF PALM BEACH Before the undersigned authority personany appeared ...G...~....~.Y....L...:......G...0..o....d...e..~ ................. who on oath says that he/sl{e is ..... ~.~.~..i...s....h...e..~. ................................. of The Delray Beach News-Journal, a weekly newspaper published at Delray Beach in Ps!m Beach County, Flor- ida; that the attached copy of advertisement, being ,r~....0..zd....¢.~p..ti..o...n....~....2.K-..7~. ....... in the matter of ...aendi.ng...~.ec_.ti.o.n...li.-...9.,....1.4..-..10.....~...li..-..~.l .................... in the ...................................................................... Court, was published in said newspaper in the ~sues of ................. 0.ct ~b. er.....$....&...1.Z,....1.9.~.2 ........................................................................ Affiant further says that the said De[ray 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 Pslm Beach County, Florida, each week and has been entered as second class mall 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 per~on, firm or corporation any discount, rebate, commission or refund for publication in the said netvspaper. for the purpose of securing this advertisement ............ ..... ....... & to ~a ~b~ ~o,, m, ~, .... !.a~...h. ..... as, o~ .~...~ctober .' A.~ 107~' Sworn 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 ...~...~....r..~.....L..?......~...°....°...d...~...r.. ................. who on oath says that he/slftKis ..... ~tb],~.~l~x ..................................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...~r.~...l~..~Or4...~.~.~.7..2 ....... in the matter of ............................................................................................................................................ in the ...................................................................... Court, was published in said newspaper in the ~.e~ o~ ................. ~.ep.~e~ex....2.6.....ancLO. c~he~....5.,....~.9.7.Z ................................. 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 pslm 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 publ/ca~on in the said newspaper. .............. ................... day of~;....Q. . 19 7 2 Sworn to and sul~bed before mo this .... ..~..t.h ........ .~..~..o...b.t~...r. .... A~)