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07-71 ORDINANCE NO. 7-71. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 29-4 CODE OF ORDINANCES CHANGING THE ZONING REQUIREMENTS OF R-1AAA, R-1AAAB AND R-1AA AND ADDING A NEW SINGLE FAMILY DWELLING DIS- TRICT, R-1AAB. WHEREAS, the Planning and Zoning Board has recommended to City Council the need of a new residential area known as R-1AAB, and WHEREAS, the Planning and Zoning Board has recommended that City Council make certain changes in R-1AAA, R-1AAAB and R-1AA, and WHEREAS, the City Council deems it to be in the best interest of the City that a new residential area R-1AAB be established and that the recommended changes in R-iAAA, R-1AAAB and R-1AA be made. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: SECTION 1. That Section 29-4 of the Code of Ordinances is repealed and that the following is hereby adopted as Section 29-4 of the Code of Ordinances: "Sec. 29-4. R-iAAA, R-1AAAB, R-1AA and R-1AAB single family dwelling districts. (a) PURPOSE These districts are created in order to provide de- sirable 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 and R-1AAB single family dwelling district, no building, structure or land or water shall be used except for one or more of the fol- lowing uses: (1) Single family dwellings and their custom- ary accessory uses and structures. (C) CONDITIONAL USES When after review of an application and plans ap- purtenant 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 and R-1AAB single family dwelling districts: (a) Public schools, nursery schools and kindergartens. (b) Libraries, community center buildings, public museums. (c) Churches and their attendant educational and recreational facilities. (d)Public utilities. All of the above conditional uses may be allowed sub- ject to compliance with section 29-7.5½. Page 2. Ordinance No. 7-71. 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 sur- rounding 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 (35) feet in height, except as provided in section 29-7.5. (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 *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 ordi- nance, said lot may be used for a single family dwelling provided the minimum yard requirements 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 (40%), provided 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 FRONT REAR SIDE FLOOR AREA Inter ior-S treet 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 1,250 sq. ft. R-1AAB 25 25 8~ 20 1,500 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 set backs shall be measured from the street right-of-way line, and where special set back lines have been established on any street or highway for street widening purposes, front and street side yards shall be measured from the special set back line on the property. (3) The minimum aggregate floor area is the total floor area of a building, exclusive of terraces and unroof- ed areas, including fifty per cent (50%) of attach- ed garages, carports, and screened porches. Screen top patios are considered unroofed areas. Page 3. Ordinance No. 7-71. (G) OFF-STREET PARKING REQUIREMENTS (1) The term, 'off-street parking space' shall con- sist of a minimum net area of two hundred (200) square feet (not less than nine and one-half (9½) feet in width) for the parking of an auto- mobile, exclusive of access drives or aisles thereto. (a) Dwelling, single one family, two (2) parking spaces. See Sec. 29-7.4 PARKING AND LOADING REQUIRE- MENTS. (H) ACCESSORY BUILDING REQUIREMENTS (1) Accessory buildings shall not be located with- in 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 en- closed." PASSED AND ADOPTED in regular session on this the second and final reading on the 22nd day of March , 1971. ATTEST: City Clerk First Reading February 22, 1971 Second Reading. March 22, 1971 SEC. 29-4. R-IAAA, R-1AAAB, R-1AA and R-iAAB SINGLE 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-1AAA, R-1AAAB, R~. 1AA and R-1AAB 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 add structures. (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 and R-1AAB single family dwelling districts: (a) Public schools, nursery schools and kindergartens. (b) Libraries, community center buildings, public museums. (c) Churches and their attendant educational and recreational facilities. (d) Public utilities. All of the above conditional uses may be allowed · a~~~-- subject to compliance with section 29-7.5~ ~4~l-~-- Any review of an application or p'l~n 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 parkin9 facilities. January 19, 1971 BUILDING HEIGHT REGULATIONS NO building or structure shall exceed thirty-five (35) feet in height, except as provided in section 29-7.5. (E) MINIMUM BUILDING SITE AREA AND LOT DIMENSIONS District Lot Area Lo% Width / Frontage Lot Depth R-1AAA, R-1AAAB 12,500 sq. ft. 100 feet 100 feet 110 feet R-1AA 9,500 s~. ft. 75*/95** 75*/95** 100 feet R-1AAB 9,000 sq. ft. 90 feet 90 feet 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 or record at the time of the adoption of this ordinance, said lot may be used for a single family dwelling provided the minimum yard requirements as set forth herein are conformed with. (2) The frontage of a lot or parcel is defined as the shortest property lin~ 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 (40%),. provided that the center line radius of the adjacent public street is one hundred (10Q) feet or less. (F) MINIMUM YARD REGULATIONS AND MINIMUM AGGREGATE FLOOR AREAS REQUIRED FRONT REAR SIDE FLOOR AREA Interior-Street 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 1,250 sq. ft. R-1AAB 25 25 8~ 20 1,500 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 bV the City of Delray Beach, then the rear yard standard for that zone shall be applicable. January 19, 1971 (2) Ail set backs shall be measured from the street right- of-way line, and where special set back lines have been established on any street or highway..fq~ street widening purposes, front and street side yards shall be measured from the special set back line on the property. .(3) The minimum aggregate floor area is the total floor area of a building, exclusive of terraces and unroofed areas, including fifty per cent (50%) of attached garages, carports, and screened porches. Screen top patios are considered unroofed areas. (G) OFF-STREET PARKING REQUIREMENTS (1) The term, "off-street parking space" shall consist of a minimum net area of two hundred (200) square feet (not less than nine and one-half (9½) feet in width) for the parking of an automobile, exclusive of access drives or aisles thereto. (a) Dwelling, single one family, two (2) parking spaces. See Sec. 29-7.4 PAR~ING AND LOADING REQUIREEMENTS (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 princi- pal 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. January 19, 1971 DELRAY BEACH NEWS JOURNAL Published Weekly Delray Beach, P~Im Beach County, Flor/da PROOF OF PUBLICATION STATE OF FLORIDA COUNTY OF PALM BEACH Before the undersigned authority personally appeared ..... ~..~...r..~.....L...,.....~..o...o...d....~...~.. ............. who on oath says that he,EKe is ..i~.U.~D~.:i.s~Le/'. .................................... of The Delray Beach News-Journal, a weekly newspaper published at Delray Beach in Palm Beach County, Flor- ida; that me attached copy of advertisement, being a ~.....O...r...d.....C...~.p.~..o..~....~...7...-...7..~ .......... in the matter of ~..~....~.......D...Cj...~.~.~.h..~p...~.~.~...r.....~.2...9..-....4*~.~.C....~..d..e..~...~.1:.~..~..r..~.i.~.~.~ .......... in the ...................................................................... Court, was published in said newspaper in the .............. .................................................... Affiant further says that the said Delray Beach News-Journal is a newspaper puMished at Delra¥ Beach, in said Palm Beach County, Florida, and that the said newspaper has heretofore been confinuoudy published in said Palm Beach County, Florida, each week and has been entered as second class mail matter at the po~t office in Delray Beach, in sa/d 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 h~ neither paid nor promised any person, firm or corporation any discount, rebate, comm~ion or refund for publication in the _spid newspaper. for the purpose of securin§ this advertisement "'~'""~'ff' Sworn to and subscribed before me this ........ ~.~ .... day ~...~/},X..C)/L.~ ....... .~.D. 197....1.