05-66 ORDINANCE NO. 5-66
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF DELRAY BEACH, FLORIDA, AMENDING SECTION
29 - 7.5, CHAPTER 29 OF THE CODE OF ORDINANCES
OF THIS CITY BY ADDING SUB-SECTION (14) PRO-
VIDING FOR SPECIAL EXCEPTIONS; CONDITIONS GOV-
ERNING APPLICATION; PROCEDURE; STANDARDS: FIND-
INGS REQUIRED; AND PROVIDING FOR AN EFFECTIVE
DATE.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. Section 29 - 7.5, Chapter 29 of the Code of
Ordinances of the City be and the same is hereby amended by
adding Sub-section (14) to read as follows:
"(14) Special exceptions defined: Conditions
Governing Application; Procedure; Standards;
Findings Required.
A. The City Council shall decide only such special
exceptions as are specifically authorized by the
terms of the zoning ordinance; to decide such questions
as are involved in determining whether special excep-
tions should be granted; and to grant special excep-
tions with such conditions and safeguards as are
appropriate under the zoning ordinance; or to deny
special exceptions when not in harmony with the
purpose, intent, and requirements of the zoning
ordinance and this section. No special exception
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 special exception 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 special exception
with the Director of Planning, Zoning and
Inspection. Said application shall be in 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. No fee is required for
filing said application.
(2) The Director of Planning, Zoning and
Inspection 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) If less than a city block is
involved and where the portion
petitioned for special exception
is a corner, the owners of the
property for one block on both sides
of the intersecting streets from that
corner must be notified.
(b) If less than a city block is involved
and where the portion petitioned for
special exception is not on a corner,
the owners of the property along the street
on which the petitioned property faces for
a distance of three hundred feet (300') in
both directions from the property petitioned,
must be notified.
(c) If a city block or more is involved, the
owners of the property lying for a depth of
one block surrounding the property petitioned,
must be notified.
(d) The ownership of the abutting properties
shall be determined by the city clerk who
shall notify the owners by U. S. mail the
date and purpose of the planning board hear-
ing at least five 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 hear-
ing. After such public hearing, the planning
board shall pass upon the application before
it and make its recommendations in accordance
with sub-section 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 special exception is hereby defined as 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 or structures are permitted in
such zoning districts as special exceptions where
specific provision for such exceptions is made in
the zoning ordinance.
D. A special exception shall not be recommended by
the Planning Board unless and until:
(1) The Planning Board shall make findings that
the granting of the special exception, with any
appropriate conditions and 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 Plan-
ning 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 dis-
position 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 special exception have been
met by the applicant:
(a) ingress and egress to the property
and the proposed structures thereon, if any,
including such considerations 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 required, 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 con-
siderations of such relevant factors as
type, dimensions and character to preserve
and improve compatibility and harmony of
use and structures between the proposed
special exception and the uses and structures
of adjacent and nearby properties and proper-
ties 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 proper-
ties 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
special exception with the uses and structures
on adjacent and nearby properties and proper-
ties generally in the district;
(j) economic effect on adjacent and nearby
properties and properties generally in the
district of the grant of the special excep-
tion.
E. In recommending special exception, the Planning
Board may suggest appropriate conditions and safeguards
in conformity with the standards herein set out in con-
formity with the zoning ordinance. In recommending a
grant of special exception, the Planning Board may pre-
scribe a time limit within the action for which the
special exception is granted should be begun or com-
pleted, or both.
F. The findings of such planning board as herein-
above 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.
G. In granting any special exception, the City Council
may prescribe appropriate conditions and safeguards
in conformity with the standards herein set out in con-
formity with the zoning ordinance. Violation of such
conditions and safeguards, when made a part of the terms
under which the special exception is granted, shall be
deemed a violation of the zoning ordinance and punish-
able under Section 29 - 7.10 of the zoning ordinance.
In making a grant of special exception, the City Council
may prescribe a time limit within the action for which
the special exception is granted shall be begun or com-
pleted, or both. Failure to begin or complete, or both,
such action within the time limit shall void the special
exception."
Section 2. That if any word, phrase, clause, sentence or
part of this ordinance shall be declared illegal by a court of
competent jurisdiction, such record of illegality shall in no
way affect the remaining portion.
PASSED in regular session on the second and final reading
on the 14th day of Pebmuary , 1966.
~MAYO R
ATTEST: ...'
First Reading Jan. 24, 1966 Second Reading Feb. 14, 1966.
Sec. 29-4. Height of buildings.
(a) Except as specified in this section, no building shall be
erected in excess of the following heights:
Within any residence district, thirty-five feet. Cf ,~-~.~
Within apartment house districts~ thirty-five feet.
Within general business districts, ~ifty I'eet. /
Within local business districts, thirty-five feet. ~
Within special business districts, thirty-five feet.
Within limited business districts, thirty-five feet.
. Within manufacturing and industrial districts, thirty-five
feet. :
Within special hotel districts, Seventy-five feet.
· (b)~ The hereinabove specified~ height limits shall not. aPply
308
//~C) BUILDING HEIGHT REGULATIONS
// No building Or structure shall exceed three (3) stories or
..... //forty-five (z~5) feet in height at the required front, side and
l rear yard lines, but, above the height permitted at said yard
lines, one (1) foot may be added to the height of the building
for each one (1) foot that the building is set back from the
required yard lines provided, however, that in no instance shall
the building exceed a height of one hundred (100) feet·
Supp. No. 15
317
(C) BUILDING HEIGHT REGULATIONS*
Buildings may be erected to a height not exceeding one
hundred (100) feet measured from the highest finished grade
at the building to the fi~.ished ceiling of the highest floor, of
~the building. Provided, however, that any build,lng or other
" ~ structure in excess of three (3) stories shall be required to
increase the basic side and rear set-backs an additional five
(.5) feet..(Ord. No. G-468, § 1, 11-26-62)~
*Amendment note--Ord. No. G-468 amended subsec~on (C) of § 27-7 to
read as herein set out, Previously buildings could not exceed 3 stories
or 45' at the required front side and rear yard lines unless 1' of set-
back was added for each additional 1' of height but in no case could
a building exceed 100'.
supp. No. 21
317
(C) BUILDING HEIGHT REGULATIONS*
On ocean front and intracoastat waterway front lots, build-
ings may be erected to a height not exceeding one hundred
(100) feet, measured from the highest finished grade to the
ceiling of highest floor. Buildings in other R-3 districts may
be erected to a height not exceeding forty-five (45) feet,
measured from the highest finished grade to the ceiling of the
highest floor. (Ord. No. G-468, § 1, 11-26-62; Ord. No. G-492~ §
1, 7-22-63)
*Amendment note~-Ord. G-492, § 1, amended § 29-7 (C) to read as
set out. Previously, Ord. No. G-468, § 1, amended § 29-7 (C) to apply
the 100-foot restriction generally, provided buildings in excess of 3
stories increased side and rear set-backs an additional 5 feet. As
originally codified, § 29-7 (C) provided that .buildings could not exceed
3 stories or 45' at front, side and rear yard lines unless 1' of set-back
was added for each additional 1' of height, but in no case could height
exceed 100'.
Supp. No. 22 317
(C) BUILDING HEIGHT REGULATIONS
No buildings in an R-3 District may be erected to a height
exceeding forty-five (45) feet measured from the highest
finished grade to the ceiling of the highest floor except as
follows:
~" 'On lots fronting the ocean or intracoastal waterway the
...... regular height requirements may be exceeded as a special
exception as provided in subsection (14) of section 29-7.5.
(D) COVERAGE
No hotels, apartments 'or other structures in the R-3 mul-
, tiple family dwelling district shall occupy more than sixty
-' (60)..pe~.r cent of the lot area.
DELRAY BEACH NEWS-IOURNAL
Published Semi-Weekly
Delray Beach, Palm Beach County, Florida
PROOF OF PUBLICATION
~?ATE OF FLORIDA
COUNTY OF PALM BEACHi /')~ ~ ~
~fore the ..dersigned aathority/~-~n~//.~pp//ared ....
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Affiant further ~aTs that the said Delm¥ Beach News-Journal is a newsPal~r published at Delm¥
Beach, in raid Palm Beach CountT, ~lorkla, and that the mid new~paper has heretofore been
eontinuousl7 published ~n ~aid Palm Beach County, ~.orida, each week and has been entered
as second ela~ mail matte~ at the po~t office in Delta7 Beach, in saki Palm Beach
Florida, for a period of one yea~ next preee~ag the Iimt publication of the attaeh~l eol~'
vertisement; and affiant further says that he has neither paid no~ promised an7 pemon, firm or
corporation any discount, rebate, co--on or refund for the purpose ol securing tl~ adver-
tisement for publication in the said newspaper. '~-~
....... /..~.. --...~...~i~: ...............
NOTARY PUBLIC, STATE o! FLORIDA at [A~GE
MY COMMISSION EXPIRES FEB. 2L