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11-69 ORDINANCE NO. 11-69. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING AND/OR RE- PEALING VARIOUS SECTIONS OF CHAPTER 29 OF THE CODE OF ORDINANCES OF SAID CITY PERTAINING TO REGULATIONS AFFECTING ALL ZONING DISTRICTS WITHIN DELRAY BEACH, FLORIDA. NOW, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: SECTION 1. Section 29-1. DEFINITIONS. Section 29-1 be and the same is hereby amended by adding sub-sections (62) and (63) to read as follows: "(62) 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. (63) BUSINESS OFFICES. Commercial activities designed to serve a specific development of which said offices are an integral part thereof." SECTION 2. Section 29-2. DISTRICTS AND BOUNDARIES - DESIGNATED; ZONING MAP ADOPTED; RULES FOR DETERMINING BOUNDARIES WHERE UNCERTAINTY EXISTS. The first two paragraphs of Section 29-2 be and the same is hereby amended to read as follows: "In order to regulate and limit the height and size of build- ings; to regulate and limit the intensity of the use of lot areas; to regulate and d~t~rmine the areas of open spaces within and surrounding buildings; to classify, regulate and restrict the location of trades and industries; and the loca- tion 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-lA Single Family Dwelling District R-1 Single Family Dwelling District RMi1A Multiple Family Dwelling District RM-1 Multiple Family Dwelling District RM-2 Multiple Family Dwelling District C-1 Limited Commercial District C-2 General Commercial District C-3 ~'~olesale Distribution and Light Industrial District The boundaries of the districts are shown upon the map accom- panying this ordinance (sections 29-1 -- 29-7.10) and made a part thereof, and entitled 'Zoning Map of Delray Beach, Florida, 1969'. The Zoning Map and all the notations, references and other information shown thereon are a part of this ordinance (sections 29-1 -- 29-7.10) and have the same force and effect as if such information set forth on the map were all fully de- scribed and set out herein. This Zoning Map properly attested is on file in the office of the City Clerk." SECTION 3. Section 29-6. R-2 ONE AND TWO FAMILY DWELLING DISTRICT and Section 29-7. R-3 MULTIPLE FAMILY DWELLING DISTRICT be and the same are hereby repealed. Page 2. ORDINANCE NO. 11-69. SECTION 4. Section 29-7.01. RM-1 MULTIPLE FAMILY DWELLING DIS- TRICT. Section 29-7.01 sub-section (A) USES PERMITTED (2) be and is hereby amended to read as follows: "(2) Multiple Family Dwellings, up to and including nine units." Section 29-7.01 sub-section (C) be and is hereby amended to read as follows: "(C) BUILDING HEIGHTREGULATIONS. Buildings may be erected to a height not exceeding twenty-three (23) feet, measured from the highest finished grade to the ceiling of the highest floor. The height re- quirements may be exceeded only by special exception as pre- scribed in Section 29-7.5½ (site plan approval)." SECTION 5. Section 29-7.1. C-1 LIMITED COMMERCIAL DISTRICT. Section 29-7.1 sub-section (A) USES PERMITTED (1) be and is hereby amended to read as follows: "(1) Any use permitted in RM-1A, East of the Intracoast- al Waterway and RM-1A, RM-1 and RM-2, West of the Intracoastal Waterway; provided however, that build- ings or structures containing three or more units for temporary or permanent human habitation shall be allowed only as a special exception as prescribed in Section 29-7.5½. (site plan approval)." Section 29-7.1 sub-section (C) be and is hereby amended to read as follows: "(C) BUILDING HEIGHT LIMIT. Except by special exception, (site plan approval as prescribed in Sec. 29-7.5½), no commercial building or structure shall exceed forty (40) feet in height." Section 29-7.1 sub-section (D) be and is hereby amended to read as follows: "(D) BUILDING SITE AREA REQUIRED. No minimum requirements, except for one, two and multi- ple family dwellings, the minimum area requirements of the multiple family districts permitted in Sec. 29-7.1 (A) (1) shall be observed." Section 29-7.1 sub-section (E) YARD REGULATIONS, (1) (2) and (4) be and are hereby amended to read as follows: "(1) Front yard (setback). Ail commercial buildings shall be set back ten (10) feet from lot line. (2) Side yard (setback). No side yard required; pro- vided, however, that the side walls of all commer- cial buildings at intersecting streets shall be set back at least ten (10) feet from the side property (lot) line. (4) Dwellin~ 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 Sec. 29-7.1 (A) (1)." Section 29-7.1 sub-section (F) MINIMUM FLOOR AREA REQUIRED be and is hereby repealed. Section 29-7.1 sub-section (H) be and is hereby amended to read as follows: Pa~e 3. ORDINANCE NO. 11-69. "(H) CONDITIONAL Same as for Conditional Uses permitted in Sec. 29-7.1 sub-section (A) (1) with the following additions: (1) Bowling alleys, pool and billiard halls, skating rinks, outdoor minature golf courses and similar establishments." SECTION 6. Section 29-7.2. C-2 GENERAL COMMERCIAL DISTRICT. Section 29-7.2 (B) be and is hereby amended to read as follows: "(B) BUILDING SITE AREA; YARD REGULATIONS; BUILDING HEIGHT LIMITS; CONDITIONS OF OPERATION, except for Section 29-7.1 (B) (2). Same as for C-1 Limited Commercial District, except as provided in sub-section (12) of Sec. 29-7.5." SECTION 7. Section 29-7.3. C-3 ~OLESALE DISTRIBUTION AND LIGHT INDUSTRIAL DISTRICT° Sub-section (A) USES PERMITTED (1) be and the same is hereby amended to read as follows: "(1) Any use permitted in the C-2 General Commercial District, except no dwelling structures will be permitted other than those designed and used for temporary human habitation, and then only when approved as a special exception as prescribed in Section 29-7.5~." SECTION 8. Section 29-7.4. PARKING AND LOADING REQUIREMENTS. Sub-section (1) and paragraph (a) thereunder; also sub-section (2) and paragraphs (b), (g), (h), (m), (q) and (s) thereunder be and are here- by amended to read as follows: "(1) For the purpose of this Ordinance, the term 'off-street -~ parking space' shall consist of a minimum net area of 200 square feet (not less than 9½ feet in width) for the parking of an automobile, exclusive of access drives or aisles thereto. (a) In Multiple Family Dwelling Districts, C-l, C-2 and C-3 districts, all parking spaces, access drives and loading zones shall be hard surfaced and dust proof. (2) There shall be provided at the time of the erection of any main building or structure or at the time any main build- ing or structure is altered, enlarged or increased in capaci- ty by adding dwelling units, guest rooms, floor area or seats, minimum off-street automobile parking spaces with adequate provision (back-out parking and parallel parking abutting a public right-of-way not being adequate provisions where pro- hibited by action of City Countil) for ingress and egress by an automobile of standard size, in accordance with the follow- ing requirements: (b) Churches, temples, places of worship, and places of public assembly: One (1) space for every four (4) seats in the main auditorium. (g) Hotels: One and one-tenth (1.1) spaces for every bedroom. (h) Multiple dwellings, apartment houses, efficiency apartments: One and seven-tenths (1.7) spaces for each dwelling unit. Page 4. Ordinance No. 11-69. (m) Motels: One and one-tenth (1.1) spaces for each sleeping room. (q)Rooming, boardinghouses: One and one-tenth (1.1) spaces for each sleeping room. (s) Theaters: One (1) space for every four (4) seats." Section 29-7.4 sub-section (3) LOCATION (d) be and is hereby amend- ed to read as follows: "(d) Parking .spaces serving commercial uses must be lo- cated in the same or lower zone as the principal use. Parking in a higher zone may be allowed as a special exception, site plan approval as prescribed in Sec. 29-7.5~, 'and when said parking lot is not a commercial enterprise." Section 29-7.4 sub-section (2) shall be further amended, and is hereby so provided, by adding paragraphs (u) and (v) thereto which shall read as follow: "(u) Businesses located inside a structure being used for permitted uses or special exceptions as pro- vided in the multiple family dwelling districts (RM-1A, RM-1, RM-2) located in C-1 and C-2 zon- ing districts: Where same opens only on lobby or vesti- bule and being used primarily for. the convenience of the building's inhabitants -- one half (1/2) the spaces normally re- quired. (v) Restaurants and places of public assembly when associated with a hotel or motel located in C-1 C-2 or C-3 zoning districts: One half (1/2) the spaces normally required." SECTION 9. Section 29-7.5. GENERAL PROVISIONS AND EXCEPTIONS. Section 29-7.5 sub-section (7) (c), and sub-section (10) be and they are hereby repealed. PASSED AND ADOPTED in regular session on the second and final reading on the 24th day of March, 1969. ~/~ //-7 MAYOR ATTEST First Reading February 24, 1969 Second Reading ..March. 24., ..1,969 DELRAY BEACH NEWS~JOURNAL Published Weekly Delray Beach, P~lm Beach County, Florida PROOF OF PUBLICATION STATE OF FLORIDA Before the undersigned authority p ....... who on oath says that he/~l~e is ............ ~,~.~/~-~.. ..................... of The Delray~Beach News-Journal, a weekly newspaper published at Delray ~Beac~ in Palm B~ach ~qunty, Flor- ida; that the at~ached cop~ of advertisement, bqing in the ma,ter o ~/~...'~ ,. ,.h. J~.~.~?...~.~...... in the ..................................... ~...~.....~ .................... CouP, W_.~ubli~ iff said newsl~per in the ......................... :...~~.~,~...;./....~...~./..,~.~...~./..~.~.~.:,_~ _ ,,,,~,_ ,~ ............................. Affiant further says that the said D/dray Beach News-Journal is a newspaper published at Delray Beach, in said Palm Beach County, Florida, and that the said newspaper has heretofore been continuously published in said Palm Beach County, Florida, each week and has been entered as second class mail matter at the post office in Delray Beach, in said Palm Beach County, Florida, for a per~od of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that he has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. ...........,,:~-~":'"!"~'~ ~~"-':'t ........... Sworn to and subscribed be,ore ............