Ord G-383(02-61) ORD~ OF TH~ CITY OF ~AY ~, ~A, ~ ~
S~~T ~~TS ~~, ~ ~ L~ ~F, ~AC~G
~ ORD~CE ~T~L~H~G C~SI~E Z~G ~ATIONS
~R ~ CI~ OF D~Y BEACH, FL~A, ~D PROVID~G ~R
~ ~IS~TIONS, ~FORC~T ~D ~D~T ~OF, ~
ACCORD~CE ~ ~ ~O~SIONS OF CH~ 176, FLORIDA STA~S.
~ereas, Chapter 176, Florida Statutes, authorized the City of Delray
Beach to enact a zon~g ord~ce ~d to provide for its a~stration, eh-
forewent, ~d ~~t, ~d
~e~as, the ~or ~d City Co~ssion of the City of Delr~ Beach
de~ it necess~y ~ order to lessen congestion ~ the streets, to sec~e
safety fr~ fire, panic, ~d other d~gers~ to pr~ote the he~th, ~d gener~
welf~e; to provide adequate light ~d air, to prevent overcrowd~g of l~d;
to avoid ~due concentrati~ of population; to fac~itate the adequata
provisions of tr~sportation, water, searle, schools, parks ~d other public
referents, to m~e ~d pr~gate such reg~ations ~th reasonable con-
sideration ~ong other th~, to the ch~acter of the district ~d its
pec~iar suitability for pa~ict~ uses, ~d to conse~e ~d stabilize
property v~ues ~d enco~age the most appropriate use of l~d thro~h~t
said city ~ accord~ce ~th a co~rehensive pl~.
Now, therefore, Be it ~da~ed by the ~yor ~d City Co~ssi~ of the
City of Delr~ Beach, Florida:
SECTI~ .1.~ DEF~T.~ONS
For the p~oses of this o~ce, ce~a~ te~s ~d ~s are
defied as follows:
~1 words used ~ the preset tense sh~ ~clude the ffut~e tense~
~1 words in the s~ar n~ber sh~l ~clude the pl~ n~ber; ~d ~
words ~ the pl~al n~ber sh~l ~clude the s~g~ n~ber ~less the
natur~ construction of the wording indicates othe~se; the words "~ed for~
sh~l ~clude the mean~g "desired for'~; the ~rd "struct~e~ sh~ ~clude
the word ,b~ld~g~'' the word '~lot" sh~l ~clude the words "plot" ~d'~ract~
~d the word ~'sh~l'~ is m~datory.
ACCESSORY BUI~G. A build~ the use of which is ~cidental to 'that
of the ~ b~d~g ~d located on the s~e lot or p~cel of l~d.
ACCESSORY BUdDinG, ATTACHED. A b~ld~g ~ich has at least twenty-five
(25) per cent of ~ w~ co~on with a wall or portion of a wall of the ~
build,g, or is built as ~ ~tegr~ p~t of the ma~ build,g, or which is
attached to the ma~ b~ld~g by a roof, as by a breezew~.
ACCESSORY USE. A use ~cident~ ~d subord~ate to the pr~cip~ use
or build~g ~d located on the s~e lot or parcel of l~d ~thssuch
pr~cip~ use or bu~d~g.
~.t~. A roadway which ~fords only a secondly ~s of access to
abutt~g pr~erty ~d not ~tended for g~er~ tr~fic circ~ation.
~~T H~L. A b~ld~g desired for or conta~g both apart-
~nts ~d ~dividu~ ~est ro~ or s~tes ~ich may offer such se~ices as are
orderly f~nished by hotels.
BO~. ~e word ~'Bo~d" sh~l be construed to me~ the City Pl~g
Board of Delr~ Beach as n~ constitued.
BO~G (RO~G) HO~. A d~elling hav~g one kitchen ~d used
for the p~ose of provid~ me~s or lodgi~ or both for c~pensation to
~ezo~ other th~ m~bers of the f~ly occupy~g each dwell~g.
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BUILDING. Any permanent structures designed or built for the support,
shelter, or p~otection of persons, animals, chattels or property of any kind.
BUILDING, HEI(I~TOF. The vertical distance measured from the average
elevation nf the proposed finished grade at the front of the building 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,
CARPORT. A roofcd area open on one, two or three sides end attached to the
main building, for the s~orage of one or more motor vehicles.
CLINIC. A clinic is an establishment where patients, who are not lodged
over night, except for observation or emergency treatment, are admitted for
examination and treatment ky one person or group of persons practicing any form
of healing or health building services to individuals~ whe'ther s'~ch persons be
medical doctors, ch~'~prac'%ors, osteopaths, chiropodists, naturo2~%hs~ optometrists~
dentists or any such profa~ion the practice of which is lawful in the State of
Florida.
CLUB. Buildings or facilities owned or operated by a corporation, asso-
ciation, person or persons, for a social, educational or recreational purpose,
but not primarily for profit or to render a sex-vice which is customarily carried
on as a business.
DWELLING. A building 3r portion thereof, but not an automobile house traile~'~
designed or used exclusivel/ for residential occupancy but not including hotels,
lodginghouses or motels.
DWELLING, SINGLE ONE F~iILY. A building designed for or occupied exclusively
by one family.
DWELLING, TWO FAMILY (DUPLEX). A building designed for or occupied ex-
clusively by two families, living independently of each other.
DWELLING, MULTIPLE (APART~EN? HOUSE). A building designed for occupancy
by three or mo~e families living independently of each other.
EFFICIENCY APART~ENT~ A dwelling unit consisting principally of one room
and alcoves, equipped wit?: ~:itchenette and bath, designed and in%ended to be
used as the ~emporary abod? of transients and seasonal occupants.
FAMILY. Any number of individuals living together as a single housekeeping
unit and doing their cooking on the premises, as distinguished from a group
occupying a boarding house,lbdging house or hotel, as herein defined.
FILLING STATION. Any building, structure, or land used for -the dispensing,
sale or offering for sale at retail of any automobile fuels~ oils or accessor-
ies. No major repairs, as body building, welding, tire recapping or painting
shall be permitted.
FRONTAGE. All the property abutting one (1) side of a street between two
(~) intersecting streets, measured along the stree~ line.
GARAGE APARTMENT. An accessory building, not a part of or attached to
the main building, where a portion thereof contains living facilities for not
more than One (1) family and an enclosed space for one or more automobiles.
GARAGE, N~CHANICAL. Any building o~ land where automotive vehicles are
repaired, rebuilt, reconstructed, painted~ where tires are recapped and welding
work is p~acticed.
GARAGE, PRIVATE. A detached accessory building or a portion of a p~incipal
building for the storage of automobi]gs of the occupants of the p~emises. A
p~ivate garage shall include carport.
GARAGE, STORAGE. Any building or portion thereof other than a private or
mechanical garage, used exclusively for the parking or storage of motor vehicles.
Services othe~ than storage shall be limited to refueling, lubrication~ washing
and polishing.
(~ADE. (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 ~he ground adjacent to the exterior walls of
the building.
GUEST COTTAGE. A ~u~st cottage is a building occupying not more than 1/20
of the area of the lot on which it is situated and which is used exclusively for
housing members of the ~amily occupying the principal dwelling or their non-
paying guests, the maxim.~ area not to exceed 700 square feet and complying
with the general building height and yard regulations fo~ main buildings.
GUEST HOUSE. ,~y d~v,)lling, in which rooms are rented for the temporary
care o~ lodging of 'transi.%nts and tn~velers for compensalion aha so advertised
to the public.
HON~ OCCUPATION. Any occupation in connection with which there is kept no
stock in trade nor commod3, ty sold upon the premises, no person employed
other than a member of the immediate family residing upon the premises, and
no mechanical equipment u~ed 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 name plcte not more than one (1) square foot in area, nor
display that will indicat., from the exterior that the building is being utilized
in part for any purpose ocher than that of a dwelling.
HO/~L. 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
having one or more dining rooms~ restaurants or cafes where meals or lunches
served to transient or p~rmanent guests, such sleeping accommodations and dinin!~
rooms, restaurants or ca2es, if existing, being conducted in the same building
or buildings in connection herewith.
LAUNDRY, SELF-SERVICE. A business rendering a retail service by renting to
the individual customer squipment for the washing and drying of laundry.
LOADING SPACE. A sp~ce on the lot or parcel of land accessible to an allev
or street not less than twelve ~i12) feet in width, thirty (30) feet in depth and
fourteen (14) feet in height.
LOT. A parcel of lend 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 portions
thereof, upon which one or more main structures for a single use is to be erected
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 Count,.,
Florida.
LOI, CORNER. A lot abutting upon two (2) or more streets at their intereecti
LOT, DEPTH. The depth of a lot is the distance measured in the mean dir-
ection of the side lines of the lot from the midpoint of the front lot line to
the midpoint of the opposite main rear line of the lot.
LOT, DOUBLE FRONTAGE. A lot having a frontage oh two (2) non-intersecting
streets, as distinguished from a corner lot.
LOT, INTHRIOR. A lot other than a corner lot.
LOT WIDTH. The mean horizontal distance he,ween the side lines of the lot
measured at right angles to the depth.
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MO/EL. A group of attached guest rooms or apar±ments without housekeeping
faciiities, with automobiIe storage or parking space provided in connection
therewith, designed and used primarily by automobile transients.
NGN-CONFOR~INGUSE. 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.
NURSING (CONVALESCENT) HC~E. A home for the aged, chronically ill or
incurable persons in which three (3) or more persons not of the im~ediate 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.
PARKING LOT. An open area which is used for the parking of automobiles.
PARKING SPACE. A surfaced area, enclosed or unenclr,sed, sufficient in size
to store one (1) automobile, together with a driveway connecting the parking
space with a street or al;.ey and permitting ingress and egress of an automobile.
SHOPPING CENTER. A ~roup of retail stores planned and developed for the
site upon which they are built as a unit.
STORY. That portion of a building included between the surface of any floc.
and the surface of the next floor above it, or if there be no floor above it,
the space between such floor and the ceiling next above it.
STORY, HALF. A story under a gabled, hipped or gambrel roof the wall plate~
of which on at least two (2) opposite exterior walls are not more than three (3)
feet above the finished f!cor of such story.
STREET. A public thorofare which affords principal means of access to
abutting property.
STREET LINE. A dividimg line between land and a contiguous street.
STRUCTURE. Anything which is built or constructed~ an edifice or building
of any kind, or any piece of work artifically built up or composed of parts
Joined together in some definite manner. The term "structure" shall be con-
strued as if followed by the words "or parts thereof".
SIRUCTURAL ALTERAT!CNS. Any change in the supporting members of a buildinq,
such as bearing walls, bearing partitions~ columns, beams or girders, or any
complete rebuilding of the roof or the exterior walls.
SUBDIVISION. A division of land into two or more lots, plots or sites.
TRAILER SAL~S. A place where trailer coaches (mobile homes) are stored
'and/or displayed for sale, either upon an open tract or parcel of ~ nd or
building or both.
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
USED CAR JUNK YARD. A lot or group of contiguous lots used for the dis-
mantling or wrecking of used automobiles or the storage, sale or dumping.',~f
dismantled or w~ecked cars or their parts.
YARD. An open space on the same lot with a building, unoccupied and un--
obstructed from the ground upward, except by trees or shrubbery or as other-
wise provided herein.
YARD, FRONT. A yard across the full width of the lot, extending from the
front line of the building to the front line of the lot~ excluding steps.
YARD, REAR. A yard extending across the rear of a lot measured between
lot lines and being the minimum horizontal distance between the rear lot line
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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 he 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.
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.
SE$,TIO~ 2~ D!STR~CTS AND BOUNDARI£S.THEREp~
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 build-
ings designed for specified industrial, business, residential .~nd other uses
the City of Delray Beach, Florida is hereby divided into districts of which
there shall he ten (1 ~ known as,
R-IAAA - Single Family D~elling District
R-1AAAB- Single Family Dwelling District
R-1AA - Single Family Dwelling District
R-IA - Single Family Dwelling District
R-1 - Single Family Dwelling District
R-2 - Oneand Two Family Dwelling District
R-3 - Multiple Family Dwelling District
C-1 - Limited Commercial District
C-2 - General Commercial District
C-3 -Wholesale Distribution and Light Industrial District
The boundaries of the districts are sho~n upon the map accompanying this
ordinance and made a part thereof, and entitled "Zoning Map of Delray Beach,
Florida, 1960". The Zoning Map and all the notations~ references and other
information shown thereon are a part of this ordinance end have the same force
and effect 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, hy this ordinance, of the respective districts, the Com-
mission has given due and careful consideration to the peculiar suitability of
each and every such district for the particular regulations applied thereto and
the necessary proper end 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.
The boundaries of such districts as are shown upon the map adopted hy this
ordinance or amendment thereto, are hereby adopted and approved and the regula-
tions of this ordinance governing the use of land and buildings and other
matters as hereinafter set forth, are hereby established and declared to he 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 approximatly following
street lines, alley lines or lot lines, such lines shall he construed to he such
boundaries.
2. In unsuhdivided property or where a district boundary divides a lot,
the location of such boundary, unless the same is indicated hy dimensions, shall
be determined h¥ the use of the scale appearing en the original map. ?!here a
district boundary divides a lot, the zone classification of the greater portion
shall prevail throughout the lot.
3. In case any further uncertainty exists, the Commission shall interpret
the intent of the map as to the location of such boundaries.
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~. 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 other-
wise changed by ordinance as provided herein.
SECTION 3. EXCEPT ~ HERE.. INAFTER PROVIDED
1. No building shall be moved, erected, reconstructed or structurally
altered, nor shall any building or land be used which does not comply with all
the district regulations specified by this ordinance for the district in which
the building or land is located.
2. The m~nimum yards and other open spaces including the ~'inteasity of
use" provisions contained in this ordinance for each and every building herein-
after erected or structurally altered, shall not be encroached upon or con-
sidered as yard or open space requirements or "intensity of use'~' requirements
for any other building.
3. Every building hereafter erected or structurally altered shall be
located on a lot as herein defined and in no case shall there be more than one (1)
principal building and the customary accessory buildings on one lot or parcel of
land.
~. No yard, court or open space, nor part thereof, shall be included as a
part of the yard, court or open space similarly required for any other b,,tlding,
structure or dwelling under these regulations.
5. To further clarify the definition of structure as applied to all district~
and boundaries (See Sec. 2) the following shall apply:
(1) The following structures shall be permitted in front, rear, or
side setbacks as provided in this ordinance in any zone:
(a) Planter walls - not to exceed 3 feet in height.
(b) Lot line walls " " 6 " " ~'
(c) Fences ~' " 6 '~' ~' "
(d) House eaves " " 3-foot overhang.
(e) Steps and platforms to principal building - not to exceed
3-foot height.
(f) Barbeque pits - 6' x 6~.
(g) Rock gardens.
(h) Fish or lily ponds - 18-inch maw~mum depth.
(2) Other structures similar to the above shall require application
to the Bu,!ding Inspector.
SECTION d. R-!AA~, R.-1AA.AB, and, R-1AA SINGLE F~ILY DWELLING DISTRICTS
A. ,,U, SES. PERMI?TED
Within any R- ~iAAA~ R-1AAAB, and R-1AA 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.
B. CONDITIONAL USES
When after review of an application and plans appurtenant thereto and hear-
ing thereon, the Planning Board finds as a fact that the proposed use or uses
are consistent with the general zoning plan and with the public interest, the
following may be recommended to the City Commission as permitted uses in the
R-iAAA and R-1AA 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.
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.
Co._ BUILDING..HEIGHT REGULATIONS
No building or structure shall exceed thirty-five (35) feet ink.height,
except as provided in Section 12.
D.,, BUILDING, SITE AREA.,,RE~. UIRED
Each single family dwelling shall be located on a lo% or parcel of la~
having an area of not less than twelve thousand five hundred (12,500) square
feet in an R-1AAA District and nine thousand five hundred (9,500) square
feet in an R-1AA District and said lots or parcels of land shall have mini-
mum widths at the building line and depths of one hundred (100) feet and
one hundred ten (110) feet in an R-iAAA District and R-1AA District. >~
Said lots or parcels of land shall have minimum widths at th~q~d~-l-d~ng
line of one hundred (100) feet in the R-iAAA'District and seventy-five (75)
feet on interior lots and ninety-five (95) feet on corner lots in the R-1AA
District. The depth of lot or parcel of land shall be not less than one
hundred ten (110) feet in the R-1AAA District and one hundred (100) feet in
the R-1AA District.
District Min. ,Lot,, Ar.es Lot Widt,,h Lot De, pth
R~I~ A, R-1AAAB 12,500 Sq. ft. 100 Feet 110 feet
~ R-i~ 9,500 Sq. ft. 75* and 95** 100 feet,
*Interior Lots **Corner Lots
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 m~nimum yard requirements as set forth herein are conformed with.
E. YARD REGULA, TIONS
1. Front Yard: There shall be a front yard of not less than thirty-
five (35)' 'feet measured from the street right of way line to the wall
of any building or structure in~ the R-1AAA.. and R-1AAAB Districts and
thirty (30) feet in the R-1AA District, etc. Where lots comprising forty
(&O) per cent or more of the frontage on one side of the street between
two intersecting streets are developed with buildings having front yards
greater than thirty-five (35) feet and thirty (30) feet, respectively
no building shall project beyond the average front yard depths as
established.
(a) On "through" lots with frontage on two streets, the required
front yards shall be provided on both streets.
2. Rear Yards: There shall be a rear yard of not less than
twelv~ (12) feet in the R-iAAA and R-1AAAB Districts and of not less
than ten (10) feet in the R-1AA District.
3. Side Y. ards: There shall be a side yard on each side of the
principal building in the B-1AAA and R-1AAAB Districts of twleve (12)
feet and in the R-1AA District of ten (10) feet for buildings erected
on interior lots.
(a) On corner lots the side yard shall be at least fifty (50)
per cent of the depths of the front yards of the lots to the rear of
the corner lot and facing the intersecting street.
(b) In the case of reversed frontage, there shall be a side yard
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on the street side of the corner lot of not less than fifty
(50) per cent of the required front yards on the lots in
the rear of such corner lot.
(c) No accessory building on a reversed corner lot shall pro-
ject beyond the front yard line required in the key lot
in the rear and be locate8 not nearer than the setbacks
from the side-yard of said key lot as required in the zone.
Where set back lines have been established on any street or
highway for street widening purposes, front and side yards shall be
measured from said set back line or lines.
F, ..M~NI~ AGG~EGA~ F$OOR .ARmS .. REQUIRED.
The minimum aggregate floor area of a building, exclusive of
terraces and unroofed areas, but including 50 per cent of attached
garages, carports, and screened porches shall be 2,20~ square feet
in the R-1AAA District, 1,800 square feet in the R-1AAAB District
and 1,2~O square feet in the R-1AA District. Screen top patios are
considered unroofed areas°
G. OFF STREET ~ABK!NG .~EQUIREMEL~S
See Section 11.
~, ACCESSORY .BUILDING...~EQU~REM~NTS
1. Accessory buildings shall not be located less than twelve
( . (12} feet from any side-.and rear property line in
~ R,1AAA District)and ten..(lO) fe~t in the R-1AA District°
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.
No garage or other accessory building shall be erected be-
fore the principal building is under construction to the
point of being fully enclosed.
SECTION ~ .R-I~ and....R-1 SINGLE FAMILY DWELLING DISTRICT
A. USES PERMITTED
Within any R-lA and R-E Single Family Dwelling District, no
building, structure, land or wate~ shall be used except for one or
more of the following uses:
1. Any use permitted in the R-1AA Single Family Dwelling
Districts.
2. Home occupations as defined in Section 1.
B. CONDITIONAL USEs
Same as in the R-1AAA and R-1AA Districts ~ith the follow-
lng addition:
(a) Membership clubs catering exclusively to membe[s and their
guests, lodges and fraternal assembly quarters.
(b) Telephone exchange where no public office or repairs and
storage facilities are maintained.
Any review of an application or plan shall consider the char-
actor of the neighborhood in which the proposed use is to be locat-
ed 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.
~.. BUILDING HEIGRT_REG~LATIONS
No building shall exceed thirty-five (3%) feet in height ex-
cept as provided in Section 11.
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Each Single Family dwelling shall be located on a lot or parcel of land
having an area of not less than six thousand (6,000) square feet, a frontage
measured at the building line, of sixty (60) feet on interior lots and eighty
(80) feet on corner lots and a depth of at least one hundred (100) feet. In
the R-1 Single Family Dwelling District, every lot or parcel of land shall have
an area of not less than five thousand (5,000) square feet, a frontage measured
at the building line of fifty (50) feet on interior lots and sixty (60) feet on
corner lots and a depth of at least one hundred feet.
D~str..i. ct Min. Lot Area Lot Width Lot Depth
R-lA 6,O00 Sq. ft. 60* feet 100 feet
R-1 5,000 Sq. ft. 50* feet 100 feet
*Corner lots in R-lA District shall have frontages of at least 80 feet and
in the R-1 District, of 60 feet.
Where a lot or parcel of land has an area or width less than the above and
was a lot of record at the time of the effective date of this ordinance, said
lot may be used for a single (one) f~m~ly dwelling provided the minimum side,
front and rear yard requirements as set forth herein are conformed with.
E. YARD R$,,GULATIONS
1. FRONT YARD: There shall be a front yard having a depth of not less than
twanty-five (25) feet measured from the street right-of-way line to the wall of
the principal building. Where lots comprising forty (~0) per cent or more of
the frontage on one side of the street between two intersecting streets is
developed with buildings that have front yards greater than twenty-five (25)
feet, no building shall project beyond the average front line so established.
(a) O~ %brough lotsv~ with frontage on two streets, the required front
yards shall be provided on both streets.
2. REAR YARD: There shall be a rear yard of at least seven and one-half (?-~)
feet in depth.
3. SIDE YARD: There shall be a side yard on each side of the principal building
~aving a width of not less than seven and one-half (7--~) feet. On corner lots
the side yard shall be at least fifty (50%) per cent of the depths of front
yards of the lots to the rear of the corner lot and facing the intersecting
street. In the case of reversed frontage, there shall be a side yard on the
street side of the corner lot of not less than fifty (50) per cent of the
required front yards on the lots in the rear of such corner lot. No accessory
building or a reversed corner lot shall project beyond the front yard line
required in the key lot in the rear and be located not nearer than five (5)
feet from the side line of such key lot.
Where set back lines have been established on streets or highways for the
purpose of future street widening, the front and side yards shall be measured
from said set back lines.
F. MINIMUM FLOOR AREA REQU .I~D
The minimum aggregate floor area of a building, exclusive of terraces and
unroofed areas, but including 50 per cent of attached garages, carp6rts and
screened porches shall be 9O0 square feet in the R-lA District and 750 square
feet in the R-1 District. Screen top patios are considered unroofed Areas.
G. OFF .STREET PARKING RE0.UIREMENTS
Section
H. ACCESSORY BUILDING REQUIREMENTS
1. Accessory buildings shall not be located less than seven and one-half
feet from any side or rear property line.
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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.
SECTION 6. R-2 ONE AND TWO FAMILY DWELLING DISTRICT
,,,u, sEs
Within any R-2 One and Two 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-1 Single Family Dwelling District.
2. Two family (duplex) dwellings.
B. CONDITIONAL USES: Same as in the R-iA and R-1 Single Family District.
C:,,, BUI,LDING HEIGHT LIMIT
No building shall exceed thirty-five (35) feet in height except as provided
in Section 11.
D. BUILDING SITE AREA REQUIRED
Every lot or parcel of land shall have an area of not less than seven
thousand (7,000) square feet for a two family dwelling (duplex) and six thousand
(6,000) square feet for a single f~m~ly dwelling, a frontage of at least sixty
(60) feet at the building line and a depth of at least one hundred (100) feet.
Where a lot or parcel of land has an area or width less tha~x the above and
was a lot of record at the time of the effective date of this ordinance, said
lot may be used for a one or two family dwelling provided the minimum side,
front and rear yard requirements as set forth herein are conformed with.
E. ,YARD REGULATIONS
1. FRONT YARD: There shall be a front yard having a depth of not less than
twenty-five(25) feet measured from the street right-of-way line to the wall
of the ~principal building. Where lots comprising 'forty (&O) per cent or more
of the frontage on one side of the street between two intersecting streets
is developed with buildings that have front yards greater than twenty-five
(25) feet, no building shall project beyond the average front line so established.
2, SIDE AND REAR YARDS Same as for the R-1 Single Family Dwelling District.
k~lere set back lines have been established on streets or highways for the
purpose of future street widening the front and side yards shall be measured
from said set back lines.
F. MINIMUM FLOOR AREA RE~.~U~D
For single family dwellings, same as for the R-lA District, the minimum
aggregate floor area of a two family structure shall be 1,300 square feet,exclusive
of terraces, unroofed areas but including 50 per cent of attached garages
and screened porches. Screen top patios are considered unroofed areas.
G. OFF S~REET PARKING REQUIREMENTS
See Section
~. ACCESSORY BU,I, LDING REQUIREMENTS
Same as for the R-1 Single F~-m~ly Dwelling District.
SECTION 7. R-3 MUL,TIPLE FAMILY DWELLING DISTRICT
A. USES PERMITTED
Within any R-3 Multiple Family Dwelling District, no building, structure,
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land or water shall be used except for one or more of the following uses:
1. Any use permitted in the R-2 One and Two Family District.
2. Multiple Fami]yDwellings, three or more f,m~_lies.
3. Guest Houses
Hotels and apartment hotels.
B. CONDITIONAL USES
1. Same as for the R--iAAA and R-1AA Districts with the following
additions.
2. Clubs for fraternal, recreation, athletic or social purposes,
maintained by membership organizations in which lodging and
meals may be served to members or their guests.
3. Nursing or convalescent homes, hospitals and clinics.
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 the surrounding lands and further, the area of the site as it relates
particularly to the required open spaces and off street parking facilities.
C. . BU.ILDING HEIGHT REGULATIONS
No building or.structure shall exceed three (3) stories or forty-five
(&5) feet in height at the required front, side and 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.
D. COVERAGE
No hotels, apartments or other structures in the R-3 Multiple Fsmily
Dwelling District shall occupy more than sixty (60) per cent of the lot area.
E:. BUI~LDING SITE AREA~UIRED
Every building hereafter erected or structurally altered shall provide
a lot area per family of not less than the following for:
One f~m!ly dwelling structure 6,000 square feet
Two family dwelling structure 3,500 square feet
Three family dwelling structure 2,500 square feet
Four family dwelling structure 2,000 square feet
Five family to eight fam~.~ structure 1,6OO square feet
Nine family to twelve family dwelling 1,500 square feet
For each unit in excess of twelve 1,000 square feet
The lot width for a one or two family dwelling shall be not less than
sixty (60) feet measured at the building line.
Where a lot or parcel of land has an area or width less than the above
and was a lot of record at the time of the effective date of this ordinance,
said lot may be used for a one and two family dwelling provided the minimum
side, front and rear yard requirements as set forth herein are conformed with.
E. XARD R GU ATIONS
1. FR .(~T. YARD: For residential dwellings there shall be a front yard having
~ depth of not less than twenty-five (25) feet measured from the street right-
of-way or property line to the wall of the principal building. Where lots
comprising forty (&O) per cent or more of the frontage on one side of the
street between two intersecting, streets is developed with buildings that have
front yards greater than twenty-five (25) feet, no building shall project
beyond the average front yard so established.
2.. SIDE YARD: There shall be a side yard on each side of the structure having
more than two dwelling units of not less than ten (10) feet. On corner lots
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a side yard of not less than twenty-five (25) feet from the property line of
the intersecting street shall be provided.
3. REAR YARD: There shall be a rear yard of at least ten (10) feet.
Where set back lines have been established on streets or highways for
the purpose of future street widening the front and side yards shall be
measured from said set back lines.
F. MINIMUM FLOOR AREA REQUIRED
The minimum aggregate floor area for one and two family dwellings shall
be the same as for the R-2 One and Two Family Dwelling District.
G. PARKING REQUIREMENTS
See Section ll.
H, .ACCESSORY BUILDING REO. U~.T..S
1. For all structures the following requirements shall be observed:
(a) Accessory buildings shall not be located less than ten (10)
feet from any side or rear property line.
(b) V~ere the accessory building is attached to the principal
building or connected therewith by a breezeway, the side yard
shall be measured from the outer wall thereof.
(c) No garage or other accessory building shall be erected before
the principal building is under construction to the point of being
fully enclosed.
SE.CTION 8. C-1 LLMI.TED .CO~RCIAL DISTRICT
A o USES PERMITTED
Within any C-1 Limited Commercial District no building, structure or
land shall be used and no building shall be erected, structurally altered or
enlarged, unless otherwise permitted by these regulations, except for one or
more of the following uses:
1. Any use permitted in the R-3 Multiple Family Dwelling District.
2. Any retail business or ccmmercial 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.
(e) Book, news, stationery, photographic supply store.
(f) Bicycle sales and repair.
(g) Barber. shop, 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, confectionary, ice cream, sundries and variety stores.
(k) Florist shop
(1) Furniture, home furnishings, interior decorator including office
furniture, supplies and equipment
(m) Fruit store, delicatassen 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.
3. Parking lot or storage garage for parking purposes. -12-
Private schools.
B. CONDITIONS OF OP.E.R...ATION
1. All 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. BUI ,D Na ,L IT
No building or structure shall exceed one hundred (100) feet in height.
D.. BUILDI~__G., SITE ~AREA REG~UIRED
No minimum requirements, except for one, two and multiple f~ly
dwellings, the minimum area requirements of the R-3 Multiple F~m~ly Dwelling
District shall be observed.
1. FRONT Y.~RD: (Set back). All commercial buildings shall be set back
ten (lO) feet from lot line except as. provided in Section 12. Dwelling
structures in C-1 shall observe set backs set forth in R-3.
2. SIDE YARD,: No side yard required; provided, however, that the side
walls of all commercial buildings at intersecting streets shall be set back
at least ten (10) feet from the side property (lOt) line. Dwelling structures
erected in this District shall observe the side yard requirements of the R-2
Multiple Family Dwelling District, unless otherwise provided for.
3. REAR Y~RD: ~11 commercial buildings shall have a rear yard of ten (10)
feet unless otherwise provided for in Section 12.
~. Apartments, hotels, or dwellings built over commercial buildings
shall observe the set backs required for commercial buildings.
.F.,. M..INIMUM FLOOR AREA .REQUIRED
For dwelling structures erected in the C-1 Limited Commercial District
the minimum first floor area provisions for the R-2 One and Two Family
Dwelling District shall be observed.
G. PARKING AND LOADING REQU~TS
See Section 11. ~
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S .CTION. 9. AL. CO .m,mCIA_LL D!ST . C. T
A. . USES. ?m ITTEO
Within a C-2 General Commercial District, no building, structure or land
shall be used, u~less otherwise permitted by these regulations, except for
one or more of the following uses:
1. Any use permitted in the C-1 Ltm~ted Commercial District.
2. All uses of a predominantly retail and service nature.
3. Automobile sales rooms with customary service department.
~. Automobile repair and servicing garage.
5. Bakeries, retail and wholesale.
6. Boarding, rooming house.
7. Bowling alleys, pool and billiard halls, skating rinks and similar
establishments.
8. Bus terminals.
9. Business and vocational schools.
lC. Commercial green houses.
ll. Contractors sales rooms and offices.
12. Drive-in restaurants and refreshment stands.
13. Filling station.
l~. Grocery; meat market.
15. Laundry, self-service (laundromat)
16. Mortician, funeral chapel.
17 · Mot els.
18. Public garage.
19. Printing and publishing establishments, book binding.
20. Photostat and blue printing, lithography.
21. Retail feed and seed stores.
22. Retail farm implement and tool stores.
23. Telephone office.
2~. Second hand car lot.
25. Tailor shop.
26. Theatres and motion picture houses.
27. Upholstering.
28. Valet service.
29. Warehouses as noted in Section 12.
30. Walled storage as noted in Section
31. Car rental agencies.
32. Other business of a nature similar to and incl,d~.~ing the above but which
are not the source of objectionable odors, noises, fumes, smoke, gases
or vibrations.
B~.__ BUILDING SI. TE..AREA.o.. Y,ARD.,REGULATIONS, MIN..IMUM FLQO..R AREA REQUIRED
For dwelling structures, same as for C-t Limited Commercial District,
except as provided in Section 12.
C.PARKING REQ..U.IR~_ TS
See Section 11.
.SECTION .10. C-3 WHOLESA.I$_....D_ISTRIBUTION AND LIGHT INDUSTRIAl. DISTRIC~T
A. USES PERMITTED
Within any C-3 Wholesale Distribution and Light 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. Any use permitted in the C-2 General Commercial District, except no
dwelling structures will be permitted.
2. Any business or establishment of a general retail, wholesale or
service type.
3. Concrete block manufacture and cement products.
&. Contractors storage and equipment yard or building.
5. Fertilizer sales.
6. Ice manufacturing plant.
7. Laundry, dyeing and dry cleaning establishments employing more than
twenty (20) operators.
8. Lumber, building supplies, millwork sales and storage.
9. Storage warehouse.
lO. Trade shops including those of tin smith, cabinet maker, sheet metal,
roofing repair.
11. Truck terminals and storage facilities.
12. Railroad depot, express office, freight storage.
13. Any light industrial or manufacturing plant the operations of which
are .not productive of odors, dust, smoke, fumes, noise or vibration.
lA. Wholesale storage of gasoline, gas or other explosive liquids, gases,
or powders, subject to approved controls.
B.., USES NOT P._E~,!TTED
1. Cement, lime or plaster of paris manufacture.
2 · Acid manufacture.
3. Distillation of bones.
&. 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.
lO. Tannery.
ll. Slaughter house or stock yard.
C .... _B~UILDING SITE AREA. Y~ARO REGUL_ATIONS
All structures erected in the C-3 Wholeslae Distribution and Light
Industrial District shall observe a minimum front set back of ten (10) feet,
and a rear set back of ten (10) feet.
D. PLRKING REQUI~TS
See Section
SECTION 1 ~ pARKING AND, L.O, ADI, NG REQUIREMENTS
1. For the purposes of this ordinance, the term "off street parking space~i
shall consist of a minimum net area of two hundred (200) square feet of
appropriate dimensions for the parking of an automobile, exclusive of access
drives or aisles thereto.
(a) In the R-3, C-i, 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 building or structure is altered, en-
larged or increased in capacity by adding dwelling units, guest rooms, floor
area or seats, minimum off street automobile parking spaces with adequate
provisions for ingress and egress by an automobile of standard size, in
accordance with the following requirements~
(a) Dwelling structures, one (1) space for each dwelling unit
except in the R-iAAA Single Family Dwelling District, which will
require two (2) parking spaces for each dwelling structure.
(b) Churches, temples or places of worship - One (1) space for each
eight (8) seats in the main auditorium.
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(c) Country, golf, gun clubs - One (1) space for each five (5) members.
(d) General business, commercial or personal service establishments - One
space for each one hundred (1OO) square feet of non-storage first floor
area plus one (1) space for each two hundred (200) square feet of non-
storage area above the first floor.
(e) Hotels - Three (3) spaces for each four (~) bedrooms.
(f) Apartment hotels, multiple dwellings (apartment houses), efficiency
apartments - One (1) space for each dwelling unit.
(g) Hospitals, sanitariums - One (1) space for each six (6) patient beds,
exclusive of spaces required for doctors, attendants, nurses and
ambulances.
(h) Kennels and animal hospitals - A parking area equal to thirty (30) per
cent of the total enclosed or covered area.
(i) Libraries, museums - A parking area equal to fifty (50) per cent of the
floor area open to the public.
(J) Medic~l or dental offices or clinics - Three (3) spaces for each doctor
or dentist and one (1) space for each nurse or attendant.
(k) Motels - One (1) space for each sleeping room.
(1) Nursing or convalescent homes - One (1) space for each eight (8) beds.
(m) Office buildings - One (1) space for each five hundred (500) feet of
gross floor area within the building.
(n) Private club or lodge - One (1) space for every ten (lC) members.
(o) Restaurants or other eating places - One (1) space for each four (~)
seats.
(p) Room!ug, boarding houses - One (1) space for each sleeping room.
(q) Schools and public buildings - One (1) space for every ten seats in
the main auditorium or place of assembly.
(r) Theatres, auditoriums - One (1) space for each five (5) seats.
(s) Commercial, manufacturing and industrial concerns not catering to the
retail trade - One (1) space for each four hundred (~00) square feet
of gross floor space.
.ATL;~T!C AVEN~.E ,EX,C. EPTION
The properties included within the C-1 .. . Commercial District fronting
on Atlantic Avenue are excluded from the off-street parking requirements herein
defined.
3. Location.
(a) Parking spaces for all dwellings shall be located on the same lot with
the main building to be erected.
(b) Parking spaces for other uses shall be provided on the same lot or not
more than three hundred (300) feet distant, as measured along the
nearest pedestrian walkway.
(c) Parking requirements for two or more uses, of the same or different
types, may be satisfied by the allocation of the required number of
spaces of each use in a common parking facility, provided that the
total number of spaces is not less than the sum of the individual re-
quirements and that the requirements of location are complied with.
(d) Parking spaces serving commercial uses must be located in the same or
lower zone as the principal use.
4. Off Street Loading Regulations. The following loading spaces ~
shall'~b~ provided' fo~ the'users indicated:
(a) Every hospital, institution, hotel, commercial or industrial
building of similar use having a floor area in excess of
20,000 square feet requiring the receipt or distribution
by vehicle of materials and merchandise shall have at least
one permanently maintained off street loading space for
each 20,000 square feet of gross floor area or fraction
thereof.
(b) Wholesale operations and industrial operations with a gross
floor area of less than 20,000 square feet shall provide
sufficient space (not necessarily a full berth) so as not
to hinder the free movement of vehicles and pedestrians
over a sidewalk, street or alley~
(c) EaCh sp ace shall have direct access to an alley or street
and shall have the following minimum dimensions: length,
twenty-five (25) feet; width, twelve (12) feet; height,
fourteen (l~) feet.
SECTION 12 GENERAL PROVISIONS AND EXCEPTIONS
The foregoing regulations shall be subject to the following pro-
visions and exceptions:
1. Chimneys, watery fire~ radio~ television towers, church spires,
domes, cupolas, stage towers and scenery lofts, cooling towers,
elevator bulkheads, smoke stacks, flag poles~ parapet walls, and
similar structures and their necessary mechanical appurtenances may
be erected above the height limits herein established after a use
permit therefore has been approved by the Planning Board.
2. On double frontage lots, the required front yard shall be pro-
vided 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. Where a district boundary line divides a lot, parcel, or tract
of land~ the use classification of the larger portion may be ex-
tended to the remainder by the Planning Board without recourse to
amendment procedure.
6. Along Ocean Boulevard (State Road A-l-A) setback of twenty-five
(25) feet shall be observed from the so-called ';Brockway Line".
7. (a) Setback lines shall be established on both sides of West
Atlantic Avenue seventy-five (75) feet from the center
line thereof, from West Eighth Avenue to the city limits:
and no structures shall be erected, altered~ or recon-
structed within the area between such setback lines.
(b) Set back lines shall be established on both sides of W~st
Atlantic Avenue fifty-three (53) feet from the center line
thereof~ from Swinton Avenue to West Eighth Avenue, and no
structures shall be erected, altered or reconstructed with-
in the area between such setback lines°
(c) Within the business district along Atlantic Avenue, east
from U.S. Highway No. i to Highway A-l-A, all commercial
buildings~shall be set back forty-three ~43) feet from
the center line of said Atlantic Avenue, and no structures
shall be erected, altered or reconstructed within the area
between such setback lines.
(d) All commercial buildings hereafter erected upon properties
located in "C-l" Limited Commercial District~ and in "C-2"
General Commercial District, and in "C-3" Wholesale Dis-
tribution and Light Industrial District, which properties
are bounded on the rear by an alley~ shall be set back a
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distance of ten (10) feet from the centerline of such alley,
and no structure shall be erected, altered or reconstructed
within such areas located within ten (lC) feet of the cen~
terline of such alley.
8. Along the Federal Highway (U.S. l) the following setback pro-
visions shall be'-conform~d to:
(a) Along East Fifth Avenue and along East Sixth Avenue,
with the corporate limits of the city, a setback distance for the
construction and erection of buildings and improvements be and the
same is hereby fixed at a distance of forty (~0) feet east and west
of the respective centerlines of said thoroughfares, as the same
are now located and established. This setback line shall hereinafter
be referred 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 cen-
terlines of said Fifth Avenue and Sixth Avenue in the city.
(c) No obstruction of any kind or nature, whether tempor-
ary or permanent~ artificial or natural, transitory or otherwise
shall be permitted within the area between the street line, as lo-
cated thirty (30) feet from the centerline of said thoroughfares
and the building setback line, as herein established forty (~0) feet
from the centerline of said thoroughfares except that canopies and
marqueesWIll be permitted to be placed dye9 this l0 foot strip.
Shrubbery may also be planted in this l0 foot strip, but shall not
exceed 3 feet in height°
(d) In clarification of this section and not by way of
limitation~ it is intended there shall be no parking of vehicles
within said l0 foot strip at any time, no fuel pumps, no merchan-
dise for sale or display (including all types of vehicles), and no
signs of any kind.
(e) To accomplish ingress and egress to properties locat-
ed along said Fifth and Sixth Avenues, turn-outs shall be permitted
of a maximum width of thirty (30) feet, measured along the curb
line; but no more than two such turn outs per hundred feet of street
frontage shall be allowed. No drop curb shall be permitted within
six (6) feet of any other turn-out, property line~ or around any
corner within the extension of property lines at any intersection
of two streets or avenues.
(f) 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.
(g) The Building Inspector is hereby designated and au-
thorized to enforce this section and he shall in no case grant any
permit for the construction or alteration of any building or grant
any certificate of occupancy in respect to any building where the
proposed construction, alteration or use thereof would be in viol-
ation of the provisions hereof. Any person, firm or corporation vio-
lating any of the provisions of this section~ upon conviction there-
of, shall be punished as provided in Section 1-6 of the Delray Beach
Code.
9. In the R-1AAA, R-1AA, and R-lA Single Family Dwelling Districts
the maximum allowable ground coverage shall be thirty-five (35) per
cent~ thirty (30) per cent, and twenty-five (2~) per cent, respec-
tively.
lC. In hotels and apartment hotels erected in the R-3 Multiple
Family Dwelling District, any business located or operated therein
shall ohly have entrances from the interior lobby or vestibule.
Such businesses shall have no entrances directly into the street
nor shall they have any lights, signs or displays on the exterior
walls.
ll. Hotels, apartments or other structures may be erectedlto a
height not exceeding one hundred (100) feet on ocean front lots in
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the R-] Multiple Family Dwelling gistrict~ provided~ however~ that
the main outside walls of said building in excess of Seventy-five
(75) feet shall be set back on all sides, except the front, toward
the center of the building in a ratio of one foot to each foot of
height in excess of fifty (50) feet.
12. in the C-2 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 but no more than five (5) craftsmen or mechan-
ics on the premises.
(c) Walled storage of 2,500 square feet, minimum area, with
eight (8) feet solid walls surrounding it. Access openings
shall be fitted with solid gates,
SECTION l~. NON-CONFORMING USES
The lawful use of a "building" existing at the time of the
passage of this ordinance shall not be affected by this ordinance~
although such use does not conform to the provision of this ordin-
ance; and such use may be extended throughout the building~ provid-
ed no structural alterations~ except those required by law or ordin~-
ance~ or ordered 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 build-
ing is removed or the non-conforming use of such building is dis-
continued for a continuous period of not less than one hundred and
eighty (180) days, every future use of such premisis shall be in
conformity with the provisions of this ordinance.
The lawful use of ~land" existing at the time of the passage
of this ordinance~ although such use does not conform to the provi~
sions of this ordinance~ shall not be affected by this ordinance;
provided~ however that no such non-conforming use shall be enlarged
or encreased nor shall any non-conforming use be extended to occupy
a greater area of land than that occupied by such use at the time
of the passage of this ordinance. If such non- conforming use is dis-
continued fo~~ a continuous period of not less than on~ hundred (100)
days~ any future use of said land shall be in conformity with the
provisions of the ordinance. Provided, 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-conform-
ing 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.
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. When a district shall here-
after be changed, any then existing non-conforming use in such chang-
ed district may be continued or changed to a use of a similar or
higher classification; provided all other regulations governing the
new use are complied with. Whenever a non-conforming use of a build-
ing 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.
Nothing in this ordinance shall be taken to prevent the restor-
ation of a building destroyed to the extent of not more than one
hundred (100) per cent of its assessed value by fire; explosion or
other casualty~ or act of God, or the public enemy~ nor the contin-
ued occupancy or use of such building or part thereof which exist-
ed at the time of such partial destruction.
SECTION l~. APPLICATIONS FOR REZONING
Where any application for rezoning has been denied in a given
year: one year must elapse before another application for the re-
zoning of said lot or lots can be made.
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SECTION 1~, INTERPRETA.[!~_ION, PURPOSE ,AND...C. ONFLICT
In interpreting and applying the provisions of this ordinance,
they shall be held to be the minimum requirements for the promotion
of the public health, safety, morals and general welfare of the com-
munity. It is not intended by this ordinance to interfere with or
abrogate or annul any easements, covenants or other agreements be-
tween parties; provided, however, that where this ordinance imposes
a greater restriction upon the use of buildings or premises, or upon
the height of buildings, or requires larger open spaces than are im-
posed or required by other ordinances, rules, re~lations or by ease-
ments, covenants, or agreements, the provisions of this ordinance
shall control. If because of error or omm~.ssion in the Zoning Map,
any property in the City of Delray Beach, Florida, is not shown as
being in a Zoning District, the classification of such property shall
be R-1AA Single Family, unless changed by amendment to the Zoning
Ordinance.
SECTION 16. CHANGES ~D A.MENDMENTS
The City Commission may from time to time, on its own motion
or on petition, amend, supplement, change, modify or repeal by or-
dinance the boundaries or districts or regulations or restrictions
herein established after public hearing.
SECTION ,1,7, EN.F.ORCE~NT, VIOLATIONS .AND PENAL.TI_ES_
The Building Inspector is hereby designated and authorized to
enforce this ordinance.
Any person, firm or corporation who violates, disobeys, omits,
neglects or refuses to comply with or who resists the enforcement
of any of the provisions of this ordinance shall be fined twenty-
five (~5) dollars. Each day a violation exists shall constitute a
separate offense.
SECTION..!8... VALIDITY
Should any section, clause or provision of this ordinance be
declared by the court to be invalid, the same shall not affect the
validity of the ordinance as a whole or any part thereof, other than
the part so declared to be invalid.
All ordinances or parts of ordinances in conflict herewith or
inconsistent with the provisions of this ordinanceare hereby repeal-
ed, y ~/z~/.~A: ~~~
~/,Passed and Adopted this the'~, da . ,A.D.
19__
ATTEST:
2nd Re ?.:' , ~ ,,
Passed and ~;pted
-20-
Affidavit of Publication
THE DELRAY BEACH NEWS-JOURNAL
Published Weekly
Delray Beach, Palm Beach County, Florida
STATE OF FLORIDA
COUNTY OF PALM BEACH
Be/ore t~er. signed .autho)r./ty~ersonally
News-Journal, a wcckly newspaper published at
Delray Beach in Palm Beach County, Florida; that
the attached copy of advertisement, b.eing ~
in the matter oLf.,L.~__.~_..~__~:_~..~_...(..-~._~_~_~_:_~._~_~_~
~n the ................................................................ .'_.. Court,
wasrl~ublished in said newspaper in the issue (s)
Affiant further says that thc 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 eon-
tinuously published in said Palm Beach County,
Florida, each Thursday and has been entered as
second class mail matter at the post office in
Delray Beach, in said Palm Beach County, Flor-
ida, for a period of one year next preceding the
first publication of the attached copy ~of .~er-
tisement; and affiant further says that_..~
has neither paid nor promised any person, firm
or corporation any discount,A'~bate, commission
or refund for the purpose ~et s~curing this adver-
tisement for publication.~n~ said new.~ape~ '
Sworn to and subscribed before me this_/_~.~ ....
(SEAL) I~o[ary lYuSlic, S.ta~rl~10~ Large
My Cor~missiofi ~xpires Nov. 6, 1964